Sacramento Law and Legislation Committee Meeting: August 18, 2020

The Sacramento Law and Legislation Committee met via teleconference on August 18, 2020, from 1:00 p.m. to 1:47 p.m. The committee approved the consent calendar, discussed a proposed temporary shelters and encampments ordinance, and reviewed amendments to tobacco retailer regulations. Public comments were not made on any agenda item.

Consent Calendar

• Item 1: Law and Legislation Log – Approved unanimously (4-0).
• Item 2: Legislative Advocacy Correspondence – Received and filed unanimously.

Public Comments & Testimony

• No public comments were received on any agenda item or on matters not on the agenda.

Discussion Items

Item 3: Temporary Shelters and Encampments Ordinance

• Staff Presentation: Tom Pace, Interim Community Development Director, outlined a proposed interim emergency ordinance to allow private parties to sponsor small temporary residential shelters and temporary shelter facilities (e.g., on church parking lots or in commercial/industrial zones, with a 300-foot separation from sensitive uses). Staff recommended returning in early October with a draft ordinance.
• Councilmember Hansen (motion maker) emphasized the need for a process to permit “safe ground” sites, noting pending lawsuits and the mayor’s homelessness plan to purchase 500 tiny homes. He moved to direct staff to return within 30 days (by mid-September) with an emergency ordinance, including stakeholder outreach.
• Councilmember Guerra (second) supported the motion and urged expedited standards for utility connections (electricity, plumbing, sanitation) and use of modular or manufactured housing, citing state and federal standards.
• Councilmember Harris expressed support for creating a process but opposed allowing tents, citing unsightliness and sanitation issues from the Modesto Outdoor Emergency Shelter Program. He requested staff explore a 500-foot separation from sensitive uses and favored hard-sided structures like pallet shelters.
• Chair Schenirer noted that such shelters may become permanent due to the prolonged shelter crisis and emphasized the need for community engagement, even over objections.

Item 4: Ordinance Revisions to Chapter 5.138 – Tobacco Retailers

• Staff Presentation: Jose Mendez, Code Enforcement Manager, proposed two amendments: (1) a “pipeline” exemption for eight locations that applied for a planning entitlement before January 1, 2020, and (2) an exemption for stores that sell fresh food (e.g., fruits, vegetables, meat, dairy) and devote no more than 5% of shelf space to tobacco. Staff sought direction, not a formal motion.
• Councilmember Guerra asked for clarification that the eight locations are not smoke shops (they include 7-Elevens, AM/PMs, gas stations, and a neighborhood market). He supported the fresh food exemption as a way to incentivize healthy food access.
• Councilmember Hansen described the amendments as “cleanup” from the 2019 ordinance and supported forwarding to council, noting the fresh food exemption was a compromise to help businesses in underserved areas.
• Councilmember Harris expressed concern about the pipeline exemption, arguing that applications made after the ordinance’s adoption (April 2019) but before its effective date (January 1, 2020) should not be grandfathered. He requested detailed information on application dates and investments before moving forward.
• Chair Schenirer proposed a compromise: staff will prepare a matrix of the eight locations with dates, investments, and other relevant facts. If Councilmember Harris is satisfied, the item may go directly to council; otherwise, it will return to the committee on September 1, 2020.

Key Outcomes

• Item 3: Motion passed unanimously (4-0) to direct staff to develop an emergency ordinance for temporary shelters and encampments within 30 days, conduct stakeholder outreach, and return to the committee or full council. Staff will also explore a 500-foot separation from sensitive uses and consider excluding tents.
• Item 4: Committee provided direction to staff to compile a detailed matrix of the eight affected locations. If the information resolves concerns, the ordinance will be forwarded to the city council; otherwise, it will return to the Law and Legislation Committee on September 1, 2020.
• Committee Comments: Councilmember Guerra requested staff return with a report on outdoor interactive digital media policy. Chair Schenirer announced he will bring a resolution on expanding the definition of public safety to include prevention programs.