Sacramento Law and Legislation Committee Meeting - August 15, 2023

The Law and Legislation Committee of the Sacramento City Council met on Tuesday, August 15, 2023, at 11:09 a.m. in the Council Chamber. Chair Katie Valenzuela presided, with members Lisa Kaplan and Eric Guerra present; Rick Jennings was absent. The committee considered four substantive items: a military equipment use policy, a tenant anti-harassment ordinance, a sideshow/street racing ordinance, and a comprehensive housing and homelessness proposal (Sacramento Forward). The meeting adjourned at 3:27 p.m.

Consent Calendar

• Items 1-3: The committee unanimously approved the Law and Legislation Committee meeting minutes from June 20, 2023, the Law and Legislation Log, and received and filed the Legislative Advocacy Correspondence. Motion by Member Kaplan, seconded by Member Guerra. Passed 3-0.

Public Comments & Testimony

• Item 4 (Military Equipment): Multiple speakers opposed the policy, citing concerns about racial disparities, lack of demographic data, and the need for investment in mental health services and community-based violence prevention. Some speakers demanded the release of race and ethnicity data immediately, not next year. One speaker noted the department's failure to fully comply with previous council directives.
• Item 5 (TAHO): The public testimony was split. Supporters, including tenants, organizers (ACE, Sacramento Tenants Union), and Legal Services of Northern California, shared personal stories of harassment, retaliation, and displacement, arguing that existing laws are inadequate and that a private right of action is necessary. Opponents, including the California Apartment Association, Sacramento Association of Realtors, and small landlords, argued that existing state laws already cover harassment, that the proposal lacks data, and that it would burden small property owners and increase costs.
• Item 6 (Sideshows): Several speakers opposed the ordinance, arguing that it would criminalize black and brown youth, that more data is needed, and that providing safe spaces for such activities would be a better alternative. One speaker supported the measure, saying laws are needed to maintain order. A few speakers called for alternative approaches, such as designated areas for racing.
• Item 7 (Sacramento Forward): Testimony was extensive. Supporters included union carpenters (Local 46, 180, 152, etc.), SEIU, ACE, and the Sacramento County Democratic Party, who emphasized the need for affordable housing, worker protections, and tenant rights. Opponents included the California Apartment Association, Sacramento Association of Realtors, building industry representatives, and small landlords, who argued that the proposal would reduce housing supply, that rent control has been rejected by voters, and that the opportunity to purchase act is flawed.

Discussion Items

• Item 4 (Military Equipment Use Policy): Deputy Chief Norman Leong presented the annual report and the renewed ordinance required by Assembly Bill 481. He highlighted community meetings, an online survey, and changes made based on public and Police Commission feedback. The department reported 86 reportable use of force incidents, 18 involving military equipment, and no complaints of misconduct. The cost of military equipment is approximately 0.08% of the police budget. Councilmembers asked about audit discrepancies, transparency, demographic data, and operational necessity. Chair Valenzuela expressed frustration over the timing and repeated requests for data. The committee voted to forward the ordinance and annual report to the City Council.

• Item 5 (Tenant Anti-Harassment Ordinance): Councilmember Maple presented the proposal, which would create a private right of action for tenants experiencing harassment. Staff reported that existing programs (rental housing inspection and tenant protection program) do not collect data on harassment and cannot address threats, fraud, or intimidation. The committee considered several motions. Vice Mayor Guerra moved to direct staff to work on other tenant-related policies, which was seconded by Councilmember Kaplan. Chair Valenzuela argued that this motion effectively kills the ordinance and voted no. The motion passed 2-1, with Guerra and Kaplan in favor, Valenzuela against. Staff were directed to develop alternative approaches, not the specific TAHO.

• Item 6 (Sideshow Ordinance): Councilmember Kaplan presented a proposal to increase fines and enforcement for sideshows and street racing. Public comments raised concerns about racial impact and lack of data. The committee voted unanimously to direct staff to work on the proposal, with direction to incorporate input from Councilmembers Vang and Jennings and to consider equity and prevention measures. Motion by Vice Mayor Guerra, seconded by Chair Valenzuela.

• Item 7 (Sacramento Forward): Chair Valenzuela, along with Councilmembers Maple and Vang, presented a comprehensive five-pillar proposal to address housing and homelessness, including labor standards, inclusionary housing, tenant protections, an opportunity-to-purchase program, and a potential ballot measure for funding. The committee discussed the need for a stakeholder process and further analysis. The committee voted unanimously to direct staff to work on the proposal, including convening stakeholders and returning with additional information. Motion by Valenzuela, seconded by Guerra.

Key Outcomes

• Item 4: Approved and forwarded to City Council (3-0).
• Item 5: Directed staff to work on other tenant policies, rejecting the specific TAHO (2-1; Valenzuela dissenting).
• Item 6: Directed staff to work on the sideshow ordinance with further stakeholder input (3-0).
• Item 7: Directed staff to work on Sacramento Forward, including stakeholder engagement and further analysis (3-0).