Sacramento Law and Legislation Committee Meeting - January 21, 2020

The Law and Legislation Committee met on Tuesday, January 21, 2020, at 1:00 p.m. in the City Hall Council Chamber. Chair Jay Schenirer presided, with members Steve Hansen, Jeff Harris, and Eric Guerra (arrived at 1:04 p.m.) present. The meeting adjourned at 1:31 p.m. The committee approved a consent calendar, elected a vice chair, provided direction on two policy items, and heard public comments on matters not on the agenda.

Consent Calendar

• Law and Legislation Log (File ID 2019-01567): Approved unanimously (3-0, with Member Guerra absent). The log includes a clarifying note related to grocery issues.

Selection of 2020 Vice Chair

• Item 2: Member Hansen was nominated and elected as Vice Chair for 2020 by a unanimous 3-0 vote (Guerra absent). His duties begin at the next regular meeting.

Discussion Items

• Folsom Boulevard East Special Planning District (Item 3): Staff presented a proposal to create a new Special Planning District (SPD) along Folsom Boulevard between Howe Avenue and Watt Avenue to prohibit check-cashing facilities, standalone smoke shops, massage parlors, and, per recent discussion, cannabis dispensaries. The SPD would require outreach to property owners, public hearings, and final council approval. Public comment: Annette Deglove of the College Glen Neighborhood Association expressed support, noting the item follows their request. Councilmember Guerra highlighted statistics: in 2018, 29 massage parlor locations opened in the corridor, leading to 23 arrests, 3 administrative penalties, 3 evictions for illicit use, and 3 FBI operations. He thanked staff and emphasized the SPD addresses a specific problem area. Councilmember Harris asked about extending the SPD westward to 64th Street; staff agreed to explore options. The committee directed staff to bring back a final ordinance.

• Conversion of Multi-Unit Dwellings into Bed and Breakfast Inns (Item 4): Staff proposed code amendments requiring a conditional use permit (CUP) for converting multi-unit apartments into bed-and-breakfast inns or hotels, and cleaning up the definition to apply only to single/duplex units in low-density zones. Councilmember Hansen, who requested the item, described recent attempts by developers to convert existing or under-construction apartments into short-term rentals, calling it a "bait and switch" during a housing shortage. Councilmember Harris noted agreements and asked about the CUP cost (approximately $9,000–$10,000). Councilmember Guerra supported the move, citing concerns in Elmhurst. The committee voted unanimously (4-0) to direct staff to bring a final ordinance to the City Council as quickly as possible, possibly as an emergency ordinance, and to include an annual report back on its impact.

Public Comments – Matters Not on the Agenda

• Several speakers addressed the committee regarding 5G/small cell deployment. Rourke Vane reported 24 new small-cell permits issued after January 1 and requested a moratorium on permits and macro tower upgrades, citing health concerns. Steve Venegas echoed opposition to 5G in neighborhoods, calling it a military technology dangerous to biology. Patty Lewkowitz criticized the city’s process for canceling meetings and lacking feedback. Lynette Scalora-Palacios supported earlier speakers and asked for collaboration. Noah Davidson proposed specific ordinance language changes to close loopholes, mentioned an August 19, 2019 D.C. Circuit Court ruling (case 18-119) vacating FCC exemption of small cells from NEPA review, and announced he would report non-compliant installations. He requested a moratorium until NEPA reviews are completed. Chair Schenirer noted the 5G ordinance would return at the next Law and Legislation meeting (scheduled for February 4). Councilmember Harris requested a briefing from the city attorney’s office on the federal court decision and its implications for Sacramento.

Key Outcomes

• Consent Calendar: Approved unanimously (3-0).
• Vice Chair: Steve Hansen elected for 2020 (3-0).
• Folsom Boulevard East SPD: Direction given to staff to prepare a final ordinance, with exploration of extending boundaries westward to 64th Street.
• Bed-and-Breakfast Conversion Ordinance: Unanimous direction to expedite a final ordinance to the City Council (including possible emergency action) and include an annual report.
• 5G/Small Cells: Committee acknowledged public concerns; item scheduled for next meeting; city attorney’s office to brief on the NEPA court ruling.