Sacramento Law & Legislation Committee Summary – June 21, 2022
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Sacramento Law & Legislation Committee Meeting – June 21, 2022
The Law and Legislation Committee of the Sacramento City Council met in a teleconference-only format on Tuesday, June 21, 2022, from 1:02 p.m. to 2:55 p.m. due to the COVID-19 local emergency. The committee considered a consent calendar, two major discussion items (a sidewalk obstruction ordinance and a military equipment use policy), and continued a climate-related update. All members were present: Chair Jay Schenirer (District 5), Vice Chair Jeff Harris (District 3, arrived at 1:03 p.m.), Katie Valenzuela (District 4), and Eric Guerra (District 6).
Consent Calendar
- Law and Legislation Log (Item 1) – Approved.
- Legislative Advocacy Correspondence (Item 2) – Received and filed.
- Committee Meeting Minutes of May 10 and May 17, 2022 (Item 3) – Approved.
- Amend City Code § 3.82.030 – Disposition of Badges (Item 4) – Forwarded to City Council for adoption.
- Business Operating Tax (BOT) Rates for Cannabis Businesses (Item 5) – Received and filed. Councilmember Valenzuela noted the city can adjust rates without a ballot measure and will revisit the topic in fall 2022.
Public Comments & Testimony
Item 6 – Sidewalk Obstructions Ordinance: Over a dozen speakers provided comments. Supporters included Michael Alt (Downtown Sacramento Partnership), Kimberly Cargyle (business owner), Daniel Zavala (Del Paso Boulevard Partnership, though opposed to misdemeanor), Amy Gardner (Midtown EastSac Advocates), Emily Baeme Michaels (Midtown Association), Michelle Smyra (R Street Partnership), Brandon Black (Sacramento Metro Chamber), Christina Rogers, and Rachael Brown (Power In Alliance). They emphasized the need for safe, accessible sidewalks for pedestrians, children, businesses, and people with disabilities, and supported the ordinance as a tool for managing behavior. Opponents included Margot Rinaldo (Sacramento Democratic Socialists of America), Robert Copeland, Niki (Sacramento Homeless Organizing Committee outreach worker), and Rachel Brown (separate from the aforementioned). They argued the ordinance criminalizes homelessness, does not address root causes (lack of housing, storage, sanitation), and that existing laws already cover ADA access. Some expressed that increasing penalties to a misdemeanor would create barriers to housing and jobs.
Item 7 – Military Equipment Use Policy: Eight speakers addressed the committee. Opponents – Louise Miller, Diane Rosenbloom, Kristina Rogers (though she later supported), Graciela Castillo-Krings (Sacramento Community Police Review Commission), Niki, Dr. Corinne Mackintosh-Secco, Keyan Bliss, Ross, and McKenzie Wilson – raised concerns about the militarization of police, lack of independent oversight, insufficient use reporting, risks to communities of color, and specific items such as long-range acoustic devices (LRAD) and the “Rook” armored forklift. Proponents included Christina Rogers, who argued officers need proper tools and training to protect themselves and the public.
Public Comments – Matters Not on Agenda: One speaker, Davi Rodriguez, urged the committee to review an ordinance prohibiting fishing on city docks, claiming it violates the state constitution. The Chair directed staff to follow up.
Discussion Items
Item 6 – Ordinance Amending Chapter 12.24 (Sidewalk Obstructions and Pedestrian Interference): Senior Deputy City Attorney Michael Benner presented three substantive changes: (1) prohibit blocking building entrances; (2) allow enforcement by the City Manager or designee (not only peace officers); (3) elevate the violation from an infraction to a misdemeanor. Councilmember Harris introduced the item, stating it is a behavior‑modification tool for safe passage, not criminalization of homelessness. He showed news footage of a tent‑fire in the river district to illustrate blocked sidewalks and unsafe conditions.
Councilmember Valenzuela moved to forward the ordinance without the misdemeanor clause and with added outreach requirements (e.g., minimum contacts by the Department of Community Response). No second was made. Councilmembers Guerra and Schenirer expressed interest in further discussion but ultimately supported moving the staff recommendation to council with a direction to develop implementation protocols. The committee voted 3‑0‑1 (Valenzuela abstained) to forward the ordinance to the City Council for full debate.
Item 7 – Ordinance Repealing Ordinance 2021‑0034 and Adopting a Military Equipment Use Policy: Deputy Chief Norman Leong presented the annual policy required by Assembly Bill 481. He noted that since the March committee meeting, the department held an online community survey receiving 1,274 responses, added mutual aid language, clarified that items are commercial (not uniquely military), and included an annual procurement list. Proposed purchases total $598,000 (including $408,000 in grant funding for a “Rook” armored forklift and $190,000 for resupply). Three community workshops are planned before the item goes to council in August.
Councilmember Valenzuela raised several technical concerns: lack of a “how” for timely public complaint responses; insufficient detail in annual use reports; missing 60‑day reporting requirement for kinetic/chemical weapons under AB 48; vagueness of the “exigent circumstances” clause allowing untrained personnel to use equipment; and the purpose of 322 AR‑15 rifles. Deputy Chief Leong and Captain Seigritz responded that the department is updating the LRAD policy to prohibit warning tones, and that rifles are precise tools for patrol officer safety.
Councilmember Guerra moved to forward the ordinance to the City Council with a direction that the Police Department meet with the Police Review Commission to discuss reporting and accountability measures. Councilmember Harris seconded. The committee voted 4‑0 in favor.
Item 8 – Climate Related Project Updates: The presentation on the New Building Electrification Ordinance, Existing Building Electrification Strategy, and Onsite Water Reuse Study was continued to a later meeting without discussion.
Key Outcomes
- Consent Calendar approved unanimously (all items adopted, forwarded, or received and filed as recommended).
- Item 6 (Sidewalk Obstructions) forwarded to City Council on a 3‑0‑1 vote, with direction to staff to develop protocols for outreach and enforcement prior to full council hearing. Councilmember Valenzuela abstained.
- Item 7 (Military Equipment Use Policy) forwarded to City Council on a 4‑0 vote, with direction for the Police Department to meet with the Police Review Commission and incorporate additional reporting details before the council hearing.
- Item 8 (Climate Updates) continued to a future committee meeting.
- Public Comment on Non‑Agenda Matter: The City Attorney’s Office will follow up on the fishing ordinance constitutional question.
The committee adjourned at 2:55 p.m.
Meeting Transcript
Chair Staff is ready when you are. Great. Let's go ahead and call this meeting of the law and legislation committee to order. Madam Clerk, please call the roll to establish the quorum. Thank you. Councilmember Getta. Here. Councilmember Harris is expected momentarily. Councilmember Valenzuela. Here. And Chair Shamir. I am here. Let's go ahead and ask Ms. Hernandez to do the land acknowledgement and lead us in the pledge. Okay. Please rise for the opening acknowledgments in honor of Sacramento's indigenous people and tribal lands. To the original people of this land, the Nissanon people, the Southern Maidu, Bali and Plains Me Walk, Putwin Wintoon Peoples, and the people of the Wilton Rancheria, Sacramento Federal, federally recognized. May we acknowledge and honor the Native people who came before us and still walk beside us today in on these ancestral lands by choosing to gather today in the active practice of acknowledgement and appreciation for Sacramento's indigenous peoples history, contributions, and lives. Thank you. And the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God with liberty and justice for all. Thank you, Consuelo. Appreciate that. Let's go ahead and move. Is Mr. Harris with us yet? Yes, he's joined us. Great. All right, let's go ahead and move to the consent calendar. I actually have a couple comments on number five, but any other comments from members of the committee. I have a question on item one, Chair. Okay. Go ahead. Oh, okay. I was just curious if the staff had a status update on item eight, which was May Person Guerra's digital billboard item. I got some questions about that. I was just curious where that was Ms. Hernandez or I can I can um check with staff and get back to you. Well, thank you. And there's a there's in the the city of uh staff, if I recall, is doing an RFP at the moment to get the research on what other cities have done, and then that's that would be coming back to us. Thank you. Okay, any other comments. So just on item five on the consent calendar, uh this committee and then the council voted to move forward with a proposal to be able to put uh different tax rates up to four percent on different sectors of the cannabis industry. What we've learned since then is that we actually have the ability to do that without going to the ballot, which is great. Uh it means one less ballot measure for for folks to have to vote on. Um what I'd like to do is bring that item back in the fall uh when we know what's happening with the feds uh as far as taxes on cannabis, and we can make some um have a discussion about what we'd like those tax rates to be, and then send it on to council. So at this point, there's nothing that we need to do. Um, but again, in the fall, once the federal government finishes its uh taxes, we will and budget, we will see where we are and what we need to do. So with that, I would look for a motion on the consent calendar. I'll move consent.
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