Law and Legislation Committee Meeting - February 18, 2020
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Law and Legislation Committee Meeting - February 18, 2020
The Sacramento Law and Legislation Committee met on Tuesday, February 18, 2020, from 1:00 p.m. to 2:12 p.m. in the City Hall Council Chamber. Chaired by Jay Schenirer, the committee addressed five agenda items including ordinances on cannabis dispensaries, planning entitlement streamlining, leaf blower restrictions, and protection of critical infrastructure. The meeting experienced a brief power outage but continued without recording, with decisions documented by staff.
Consent Calendar
- Law and Legislation Log (File ID: 2019-00798): Approved unanimously. This routine item logs governmental affairs activities.
Public Comments & Testimony
- Item 2 (Cannabis Dispensaries):
- Brandon Bolton (President, United Core Alliance) expressed support for the ordinance, thanking the committee for working toward an equitable cannabis market.
- Mac Worthy criticized the city’s cannabis equity program, questioning the use of a $1 million fund and demanding transparency.
- Deanna Garcia thanked the committee for considering retail cannabis in commercial zones and for supporting the cannabis community.
- Item 4 (Leaf Blowers):
- Kim Alexander (Land Park resident, co-convener of Mo’ Better Coalition) strongly supported the ordinance, citing health risks from gas-powered leaf blowers and noting Sacramento’s fifth-worst air quality in the nation.
- Elizabeth Butler (Midtown resident) supported the ban, describing personal experiences with dust and debris from leaf blowers.
- Julia Randolph (Coalition for Clean Air) supported the amendment, referencing a California Air Resources Board study that one hour of gas leaf blower use equals driving 1,100 miles in a 2017 Toyota Camry.
- Item 5 (Critical Infrastructure & Wildfire Risk Areas):
- Mac Worthy questioned where wildfires could start in Sacramento and argued the city should focus on housing the homeless instead.
- Kevin King (General Manager, Reclamation District 1000) strongly supported the ordinance, noting that 81 encampments along a six-mile levee stretch hindered inspections. He also advocated for state bill AB 1958.
- Public Comments – Matters Not on the Agenda:
- Mac Worthy called for a resolution requiring all nonprofits to have a current statement on file with the city, alleging misuse of funds.
Discussion Items
- Item 2: Ordinance Amending Cannabis Dispensaries (M19-005) Joy Patterson (Principal Planner) presented a proposal to allow storefront dispensaries in the Shopping Center (SC) zone, requiring Planned Unit Development (PUD) amendments for those in PUDs. The Planning Commission had forwarded the ordinance on September 26, 2019 (7-0 vote). Councilmember Harris explained that the ordinance originated from a dispensary owner seeking to relocate to a shopping center, noting a zoning inconsistency. Committee members supported the measure, citing benefits for retail and reduced concentration in industrial areas. A motion to forward to City Council passed unanimously.
- Item 3: Ad Hoc Ordinance Streamlining Planning Entitlement Process (M19-004) Staff presented an ordinance to streamline planning approvals for compliant projects. Without detailed discussion (due to a power outage and limited time), Chair Schenirer noted the item was sent back to the Planning Commission for additional work. No vote was taken.
- Item 4: Ordinance Amendment Relating to Leaf Blowers Peter Lemos (Code and Housing Enforcement Chief) requested committee direction. Councilmember Harris proposed prohibiting all leaf blowers (gas and electric) when the Air Quality Index (AQI) exceeds 100, based on an average of 30–34 high-AQI days per year. The goal is to reduce particulate matter and improve health, with enforcement through education rather than fines. Councilmember Hansen and Guerra emphasized the need for a comprehensive approach including an education campaign, worker safety, equipment transition incentives (from SMUD and air district), and multilingual outreach. The committee directed staff to develop a full package (including enforcement, incentives, and education) and return to the committee before going to City Council.
- Item 5: Ordinance Protecting Critical Infrastructure and Wildfire Risk Areas The City Attorney and Fire Marshal Jason Lee presented the ordinance to prohibit camping within 25 feet of critical infrastructure (levees, bridges, utilities, fire stations, etc.) and in wildfire risk areas. Examples included a 2019 substation fire caused by camping and levee damage from unauthorized digging. The ordinance includes abatement provisions (no criminal enforcement) and aims to reduce fire and flood risks. Councilmember Hansen highlighted the threat to levees, and Councilmember Guerra noted difficulties accessing remote encampment areas. The committee unanimously voted to forward the ordinance to City Council.
Key Outcomes
- Item 2 (Cannabis Dispensaries): Motion passed unanimously to forward the ordinance to City Council for adoption.
- Item 3 (Planning Entitlement Streamlining): Sent back to the Planning Commission for further review; no vote.
- Item 4 (Leaf Blowers): Committee provided direction to the City Manager’s office to draft a comprehensive ordinance addressing education, enforcement, incentives, and worker protections. Staff will return to the committee before council consideration.
- Item 5 (Critical Infrastructure): Motion passed unanimously to forward the ordinance to City Council for consideration.
- Consent Calendar (Item 1): Approved unanimously.
Meeting Transcript
All right, we're gonna call this meeting a lot. Legislation ordered. Member Harrison. Member Hansen. Member Garrett. Sure Shanner. We have a quorum. If you're here today to speak on an item before the committee, please fill out a speaker slip. They're located in the rear window. And you turn into the assistant clerk. This is also the time you would ask for assisted listening or speaking device. And I would ask you to check your phones and other devices to turn to silent. We're good. So let's go to the consent calendar. Any comments on the log? And a second. All those in favor signify by aye. Opposed. Opposed, abstain the motion carries unanimously. Let's go to item number two. Ms. Patterson. Patterson with the community development department. Um as you're aware, on November 9th of 2010, the city council adopted an ordinance allowing medical cannabis dispensaries with uh conditional use permits in the commercial zones and the industrial zones. Um the ordinances also limited the number of dispensaries citywide to 30. Um there's currently 29 dispensaries operating within the city. Um the majority of them are in industrial areas with some in the general commercial zone. In May of last year, Commissioner Plucking Baum requested that at the suggestion of him, the planning commission directed planning staff to look at um other zones, specifically the shopping center zone as a location that dispensaries could go to with conditional use permit approval. The shopping center zone is a retail commercial zone. It's found um primarily in PUDs or some of the areas um that were zoned commercial were zoned shopping center after 1970. The purpose of both the general commercial zone and the shopping center zone are to provide a location for retail and commercial sales. Um staff does find that uh storefront dispensary in a retail commercial zone. It's a retail commercial use and would be appropriate in a uh shopping center zone. Currently, none of the storefront dispensaries in the city are located in PUDs. The majority of the shopping center zones citywide are in PUDs. Um, in order to ensure that a dispensary is um compatible with the goals and objectives of a particular PUD. Um it seems reasonable to require that all storefront dispensaries, including those in the shopping center zone, um, would require a planned unit development amendment to allow storefront dispensaries in the PUD area. So the attached ordinance that you have before you recommends that um storefront dispensaries be allowed in the shopping center zone, and if they're in the PUD, uh any dispensaries that are proposed, new dispensaries proposed, um, also require a PUD guidelines amendment. The planning and design commission reviewed this on uh September 26, 2019, and um passed a motion by a vote of seven ayes and five absent two fours the proposed ordinance to the city council. That concludes my recommendation. Thank you, Joy. Um we have a few folks from the public who wish to speak, so we'll do that and then we'll go to the committee. Brandon Bolton and then Mac Worthy and Deanna Garcia. Good afternoon. Um I'm Brandon Bolton, president of the United Core Alliance. Uh where it's a cannabis social equity uh organization that advocates for and also provides technical assistance and resources in whatever way that that is to cannabis social equity members here in Sacramento. Uh, we're currently being incubated and sponsored by the Sierra Health Foundation uh to start providing those resources. We think that's in very explosive uh partnership. Um I wanted to really thank you all for keeping your doors open and working with the community to really build a more equitable um and just um cannabis market. So just wanted to say that and thank you for your time.
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