Sacramento Law and Legislation Committee Meeting – November 17, 2020

The Sacramento City Council Law and Legislation Committee met on Tuesday, November 17, 2020, at 1:01 PM via teleconference due to the COVID-19 pandemic. The meeting, chaired by Councilmember Jay Schenirer, addressed items including approval of the consent calendar, a proposed ordinance on laid-off employee recall rights, a comprehensive fireworks ordinance amendment and illegal fireworks mitigation plan, and an update on the City Racial Equity Workgroup. The meeting adjourned at 2:32 PM.

Consent Calendar

• Item 1: Law and Legislation Log – Approved unanimously (3-0, with Councilmember Steve Hansen absent).
• Item 2: Legislative Advocacy Correspondence – Received and filed.

Public Comments & Testimony

Item 4 – Fireworks Ordinance Amendment: Eleven callers provided public comment. Speakers included representatives of nonprofits that rely on safe-and-sane fireworks sales (e.g., Victory Outreach, Richmond Sacramento Inc., SAC Area Sports, Robla Education Foundation, etc.). Nearly all speakers expressed strong support for targeting illegal fireworks while opposing any reduction in the days of use or sale of legal, safe-and-sane fireworks. They emphasized that illegal fireworks are the primary problem and that legitimate fundraising by nonprofits should not be harmed. Some speakers, such as Lu Garcia and Annette Deglow (College Land Neighborhood Association), supported the Fire Marshal’s mitigation plan with robust enforcement and education, but cautioned against large fines that may be unenforceable. Several speakers noted that in 2020, illegal fireworks activity surged due to the pandemic and cancellation of professional shows.

Discussion Items

Item 3 – Laid-Off Employee Recall Rights Related to COVID-19:

• Staff presented a proposal to amend the Sacramento City Code regarding recall rights for laid-off workers. Councilmember Eric Guerra expressed a need for further outreach to both worker advocates (e.g., Central Labor Council, UNITE HERE) and small business owners (particularly Vietnamese-American businesses) who face changing business models. Councilmember Jeff Harris noted concerns from small businesses about the lack of collective bargaining protections. The committee voted unanimously (4-0, with Hansen present) to continue the item and direct staff to conduct additional stakeholder outreach and bring back revised recommendations.

Item 4 – Ordinance Amendment Relating to Fireworks:

• Fire Marshal Jason Lee presented a detailed report on illegal fireworks activity and a proposed mitigation plan. Key statistics: In 2018 the city’s task force seized 2,300 pounds of illegal fireworks; 800 pounds in 2019; and less than 50 pounds in 2020 due to lack of funding. Over the last two years, illegal fireworks caused an average of 4–5 structure fires and 15–18 grass fires annually. The proposed plan includes:
  • A social host ordinance holding property owners responsible for illegal fireworks on their property (first offense fines $1,000–$2,500).
  • Proactive enforcement and patrols leading up to July 4th.
  • A comprehensive outreach and education campaign in multiple languages.
  • A budget of $563,000, including two full-time fire investigator positions.
• Councilmember Schenirer directed that no fee increases be implemented until the city’s national equity work on fines and fees is completed, and asked the fire department to identify internal reallocations before seeking new funding. He opposed additional restrictions on safe-and-sane fireworks.
• Councilmember Guerra supported the mitigation plan but opposed limiting safe-and-sane use to only July 3–4, arguing resources should focus on illegal fireworks. He supported the social host ordinance and suggested exploring community service as an alternative to fines.
• Councilmember Harris favored restricting safe-and-sane use to July 3–4, citing nuisance complaints and potential mishaps, but supported the mitigation plan and social host ordinance. He noted that funding decisions would be made at mid-year budget.
• Councilmember Hansen emphasized the need for a diversion program to address inequitable fines, and supported the fire marshal’s office receiving additional resources to combat both illegal fireworks and arson. He agreed that the funding discussion belongs at the Budget and Audit Committee.
• Consensus: Proceed with the mitigation plan and bring back a social host ordinance for committee approval; examine alternative penalties (diversion, community service); and have staff analyze funding options within the fire department budget and outside sources.

Item 5 – Update on City Racial Equity Workgroup (Oral Report):

• Alison Joe (Chief of Staff for Councilmember Schenirer) and Coy Saturn (Chief of Staff for Councilmember Guerra) presented an update, joined by Diversity and Equity Manager Ami Barnes. The update followed a September 15, 2020 committee discussion with Race Forward. Key points:
  • Need to build shared definitions of racial equity, institutional racism, and structural racism through deep community engagement.
  • Proposed next steps: Bring a preliminary resolution to the full council in December 2020 for January 2021, acknowledging historical and recent systemic harms and affirming a sustained commitment to equity; conduct an inventory of existing city equity initiatives; and develop a draft outline for a year-long council development process focusing on community-centered engagement, data-driven racial equity plans, and benchmarks.
• Councilmembers expressed strong support. Councilmember Guerra stressed the importance of recognizing Sacramento’s historic harms (e.g., impact on Indigenous, Chinese American, Latino, and African American communities) and the need for appropriate budgeting to support staff like Ami Barnes. Councilmember Schenirer noted the opportunity to better utilize boards and commissions for community engagement and linked the work to other city initiatives (e.g., Office of Community Response, redefined public safety). Councilmember Hansen praised the effort to normalize language around systemic racism and called the work an inflection point for the city. The update was received and filed.

Key Outcomes

• Consent Calendar (Items 1 & 2): Approved unanimously (3-0).
• Item 3 (Recall Rights): Unanimous vote (4-0) to continue the item and direct staff to conduct further outreach to labor and business stakeholders.
• Item 4 (Fireworks): No formal vote; committee provided direction to:
  • Advance the illegal fireworks mitigation plan and social host ordinance.
  • Explore diversion programs and alternative penalties for lower-income violators.
  • Freeze fee increases pending citywide equity analysis.
  • Analyze funding sources within the fire department budget and bring to Budget and Audit Committee.
  • Maintain current safe-and-sane fireworks use and sales days (no restriction to July 3–4) per majority sentiment.
• Item 5 (Racial Equity Workgroup): Received and filed. Staff will bring a preliminary resolution and draft council development outline to the December 8, 2020 city council meeting.