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Notable AchievementsFor Client DepartmentsMayor and Council Public Records Act Writ: The Sacramento County Superior Court agreed with the city’sargument that emails between council members regarding redistricting are exempt fromdisclosure under the California Public Records Act, recognizing, without explicit precedent, thatthe deliberative-process principle applies in the public-records context. Redistricting: The city drew new council-district boundaries in 2011, as a result of the 2010decennial census. The City Attorney’s Office staffed the Sacramento Citizens’ RedistrictingAdvisory Committee, which submitted boundary recommendations to the city council. Theoffice also drafted the redistricting ordinance adopted by the city council. Proposed Charter Changes: For the third time in as many years, the city council debatedproposed charter changes. In late 2011, the city council received the proposed “SacramentoChecks and Balances Act of 2012.” In January and February 2012, our office madepresentations at city council meetings analyzing the proposal and presenting various options forspecific charter provisions. Charter Commission: Our office presented to the city council a primer on the creation,operation, and other details of an elected charter commission. The city council approved theplacement of a question on the November 2012 ballot regarding the election of a chartercommission—only the third time in state history that this has been done.City Auditor Audit Review: The City Auditor annually conducts numerous internal-operation audits. As inpast years, our office staffs the Audit Committee and frequently provides comments and inputon draft audits before publication.City Clerk Landowners Election: Our office revised the city’s assessment-ballot ordinance to bring theprocedure for verification of the party authorized to cast a ballot in line with best the practicesof other cities in the state. Public Records: The City Clerk hosted the California City Clerk’s Association conference inSacramento. As part of the multi-day conference, the City Attorney’s Office presented:“Learning to Love the California Public Records Act, or Want to Ease Your Public RecordsAct Workload? Start with Better Records Management.”8

Elections: In election year 2012, our office assisted the City Clerk with the myriad issues thatarise before the primary and general elections, including writing initiative ballot titles andsummaries, reviewing ballot designations and candidate statements, and preparing electionrelated resolutions.City Manager Monetizing City Parking Assets: Exploration of making the most of city assets gave ouroffice the opportunity to advise on the legal and practical issues with monetizing city parkingassets, the legal distinctions between on-street parking and off-street parking facilities andrevenue, and the drafting of an Request For Quotation (RFQ) targeting private companieswith experience administering municipal parking systems. Understanding these issueshelped decision-makers make informed and legally defensible choices on parkingmonetization. Railyards Track Relocation: Our office helped negotiate and draft multiple agreementsnecessary to relocate Union Pacific Railroad Company’s tracks within the downtownRailyards. Relocating the tracks serves as a catalyst for development of the Railyards. Railyards Pedestrian Tunnel: To complete the pedestrian tunnel that will connect OldSacramento and the Central Shops in the Railyards, our office assisted in acquiring thenecessary property rights. Railyards Electric Power Cabinets: Our office assisted in negotiating and drafting anagreement with the Capitol Corridor Joint Powers Authority to help it secure 320,000 ingrant funding for purchasing electric-power cabinets to supply energy to Amtrak train carswhile they idle at the new passenger platforms in the Railyards. Replacing power from diesellocomotives with electrical power improves the quality of life in Sacramento by reducing airCity Treasurer Special Taxes and Assessments: Delinquency of special taxes and assessments spiked in the citywith the economic downturn. Our office responded by helping update administrativeprocedures and giving focused advice on the strict requirements for collection and the legalcomplexities added when there are bankruptcy proceedings. This is necessary work for the cityto fulfill its bond-payment obligations, protect its credit rating, and ensure adherence to the ruleof law. 2012 Tax and Revenue Anticipation Notes: Our office assisted the City Treasurer’s Office inselling short-term notes in the principal amount of 36,585,000. The proceeds from the sale areused to finance cash-flow deficits that result during the year. Those deficits occur because thecity’s expenditures tend to be fairly constant month to month whereas its receipt of revenuetends to be uneven. In particular, property taxes are paid twice a year, in December and April,and reimbursements from state and federal agencies have no fixed schedule.9

Community Development Medical Marijuana: Our office continued to adapt to new case law in response toevolving medical-marijuana laws and helped draft ordinance amendments toprotect the city from legal challenges and find neutral ground where the city is ableto restrict unregulated dispensaries while at the same time providing a safe andsecure place for qualified patients to obtain their medicine. Climate Action Plan: The adoption of the Climate Action Plan in February 2012 was theculmination of a multi-year effort to adopt a comprehensive plan for reducing greenhouse gasesand adapting to climate change. The office advised staff on the legal aspects and scope of theplan, as well as on associated environmental issues. Green Development Code Project: This project is a comprehensive, multi-phased update of thezoning and subdivision titles of the city code, aimed at facilitating sustainable infill developmentas envisioned by the 2030 General Plan. Our office assisted with the development and draftingof a completely reorganized zoning title, including new permitting and processing proceduresand updated development standards. Hearing Examiners: The city recently appointed three new hearing examiners to considerappeals of property owners, businesses, and animal owners who received citations for violationof the city code. Our office drafted a new manual for these hearing examiners to explain dueprocess hearing procedures and their authority to set aside citations, reduce the proposed fines,and order appellants to take actions to come into compliance with the code requirements. Code Enforcement: The Code Enforcement division ordered a substandard and dangerousmobile home removed from a property and the cessation of all unauthorized commercialactivity at the property. The owner filed a lawsuit in federal court, alleging liability against thecity and several employees in the Code Enforcement and Police Departments. The city filed amotion for summary judgment to have the matter dismissed, but while the motion was pendingthe court ordered the case dismissed because of the owner’s failure to cooperate and participatein good faith in the action. Recovery of Development Fees: As a result of our office’s filing of a lawsuit, a developerexecuted a promissory note to pay the city 19,000 in delinquent development fees.Convention, Culture, and Leisure California State Bar Claim: The claim by the California State Bar over alleged interruptionof the bar exam at the Convention Center was resolved with the assistance from our office. Crocker Café by Supper Club: Our office assisted in the preparation of an operatingagreement for the re-opening of the café.10

Operation of City’s Golf Courses: Our office helped draft and negotiate a ten-year agreementauthorizing Morton Golf to operate Haggin Oaks, Bing Maloney, and Bartley Cavanaugh GolfCourses. The arrangement will ultimately save the city hundreds of thousands of dollars eachyear. Dangerous Condition Defense Verdict: The plaintiff sustained severe injuries as a result ofbeing struck by a large limb that fell from an oak tree at Alister McKenzie Golf Course. Theplaintiff claimed that the tree was a dangerous condition and sought damages in the sevenfigure range for medical expenses, loss of past and future income, and pain and suffering.Following a three-week jury trial, the jury returned a verdict in favor of the city.Economic Development Local Business Enterprise (LBE) Program: Our office drafted an ordinanceauthorizing adoption of a LBE Program and assisted city staff in implementation ofthe program, including development of the LBE Preference Program Requirements.The program reflects the importance of promoting and bolstering the local economy. Township 9: The industrial area north of downtown has been underutilized and in need ofredevelopment. The city was successful in receiving a 30 million grant from the state to fundinfrastructure improvements and affordable housing at Township 9, which is a 65-acre siteplanned for 2,350 residential units and over a million square feet of office and retail uses. Ouroffice drafted multiple agreements to help obtain this funding, which the developer needs toconstruct streets, parks, a light-rail station, and a parking garage. Powerhouse Science Center: The city-owned site along the Sacramento River near downtowncontains the historic PG&E powerhouse building. The Discovery Science Museum will belocated on this site. Predevelopment work has been on-going. Our office assisted this project inpreparing agreements with state agencies regarding the residual soil contamination andrehabilitation of the building, as well as with Native American tribes concerned about culturaland prehistoric resources being unearthed during construction. Redevelopment Agency Dissolution: State legislation required the city to manage thedissolution of the city’s redevelopment agency and to manage the payment of debts and theimplementing of contracts affecting 11 projects areas. Our office provided opinions interpretingthe new law and agency agreements to assist staff in meeting their obligations. Our office alsoprepared a conflict-of-interest code and rules of procedure for the new Oversight Board, andassisted in selecting independent counsel for the Board.Finance Tax Exempt Property: Our office advised staff on handling ad valorem tax-exempt propertywithin city property and business improvement districts.11

Fire Fire Code Update: Our office drafted an ordinance adopting by reference the 2010 CaliforniaFire Code, with local amendments. The ordinance is an integral part of local efforts toprovide a reasonable level of life-safety and property protection.Wrongful Death Defense Verdict: The plaintiff filed wrongful death claim on behalf of herdaughter who was killed in an auto accident with a city fire truck in downtown Sacramento.She argued both that the driver of the truck was negligent and that the intersection where theaccident occurred was a dangerous condition of public property. Following a four-week jurytrial, the jury returned a verdict in favor of both the city and the driver of the fire truck. General Services Sutter’s Landing Park: Our office provided legal support in connection with the tree-restoration project at the former 28th Street Landfill, now part of Sutter’s LandingPark. Collection Services: Staff and our office worked in developing a business-plan strategy for theway the city handles and delivers garbage, recycling, and yard-waste collection services. Recovery for Breach of Contract: The city obtained a judgment in excess of 200,000 against acompany that failed to remit the proceeds from sales of surplus vehicles.Human Resources Denial of Labor Grievance: A group of supervisors in the Solid Waste Department filed agrievance claiming certain job functions they were performing were in a higher jobclassification and required out-of-class pay. The tasks had in fact previously been performedby staff in a higher classification, and, when initially called upon to perform the tasks, thesupervisors received out—of—class pay for several months. The city argued that theresponsibilities being performed overlapped and were included in several job classificationsand that the work did not involve any supervision of other supervisors within the affectedclass. The matter was arbitrated, and the arbitrator denied the supervisors’ grievance. Restraining Order: The office obtained a restraining order to protect an employee fromworkplace violence. Unfair Labor Charge: Our office defended an unfair-labor-practice charge before the PublicEmployee Relations Board (PERB), successfully preventing an injunction against layoffs.12Human Resources

Subrogation Recovery: Our office recovered 14,000 in a subrogation action for workerscompensation benefits paid to a city employee as a result of an auto accident. Collective Bargaining Agreements: Our office assisted staff in the negotiation and drafting ofnew collective-bargaining agreements with five of the unions that represent city employees.Information TechnologyInformation 311 Mobile Application: This project will provide more self-service web and mobileTechnologyapplication tools for citizens to report non-emergency issues to the city’s 311 call center. Thecity’s 311 call center handles approximately 1,300 calls each day and processes an average of1,400 emails monthly. Because of limited staff resources, approximately 100,000 calls aredropped annually. The office provided legal support to staff in developing this project designedto improve efficiency and customer service. PeopleSoft System Upgrade: This system for eCAPS is to ensure that the city maintains thelevel of support required for the finance, payroll, human resources, benefits, and budget systemsand continues to comply with reporting requirements that include processing federal and statepayroll changes, direct deposits and paychecks, and accounts payable/receivabletransactions. Our office worked with staff in formulating, negotiating, and drafting an agreementwith the contractor to implement the system upgrade.Parks and Recreation Special Event Ordinance: Our office drafted a comprehensive ordinance to address thepermit requirements for parades, concerts, marathons, and other types of special events,including free-speech assemblies, held in city streets and parks. The new ordinance willallow for better enforcement of permit requirements, and encourage more communityevents. Community Centers: Because of budget constraints, the city had to close some of itscommunity centers. Citizens were concerned over the loss of the recreation, enrichment, andeducation programs that the city previously offered at such centers. Our office draftedagreements to allow non-profit organizations to assume operation of the centers so that thecenters could remain open to the public for some portions of the day or week for programs andrental.13

Pools: This summer the city was facing closure of almost all of its swimming pools because offunding cuts. The City Council’s Sponsorship Program and Advertising Policy, adopted in2010, was implemented this past year through agreements drafted by the office with Save Mart,YMCA, and neighborhood groups to conduct campaigns and solicit donations to keep the poolsopen. Shasta Park Shade Structure: Without initiating litigation, our office brought five outsidevendors to the table to resolve design and construction deficiencies that resulted in the failure ofthe shade structure. Under the resulting settlement agreement, the parties will repair the shadestructure and pay for those repairs. The city will pay only 2,500 toward the 50,000 repairPolice Dismissal of Personal Injury Claim: The plaintiff sued to recover for personal injuries followingan intersection accident with a police officer on patrol. The plaintiff dismissed the action inresponse to the city’s demurrer to the complaint based on the statute of limitations. Summary Judgment in Civil Rights Case: The plaintiff sued the city and members of thepolice department, alleging wrongful arrest and constitutional violations arising from his arrestfor theft. The court granted the city’s motion for summary judgment, resulting in judgmentbeing entered in favor of the city and staff. Drug and Gun Evictions: The office is authorized to evict tenants in possession of illegalfirearms and persons possessing illegal narcotics. In calendar year 2011 the office successfullyprosecuted nine gun and 26 drug evictions. The chart below reflects the activity level of allauthorized jurisdictions.Drug and Gun Evictions in California during 2011120106100GUN806260DRUG402019261390 00 00 0OaklandPalmdaleSan Diego0Los AngelesLong BeachSacramento California Welfare and Institutions Code section 8102 requires that whenever law-enforcement officers detain persons because they have a mental condition that makes them adanger to themselves or others, the officers must confiscate any firearms or other deadlyweapons. It further provides a procedure for the office to petition the court for destruction ordisposal of the firearms if returning them is likely to endanger anyone. Our office filed 15petitions resulting in at least 49 firearms removed from mentally unstable individuals deemeda threat to themselves or others.14

Weapons and Pitchess Matters15FY 2011‐201235Weapons20FY 2010‐201125Pitchess15FY 2009‐20103901020304050 Pitchess Motions: A pitchess motion is for the discovery of peace-officer personnel records.Sometimes the only purpose of these motions is to conduct fishing expeditions into an officer’spersonnel file, hoping to find anything to smear the officer’s reputation. Given the sensitivenature of peace-officer personnel records, NSNA attorneys vigorously oppose unjustifiedmotions, seeking appellate review if necessary. Dismissal of “Occupy” Lawsuit: When the Occupy Sacramento movement began in October2011, members of the movement indicated that they planned to “occupy” Cesar Chavez Plazacontinuously. The Police Department advised the members that the parks closed at 11:00 p.m.and warned that arrests would be made of anyone who refused to disperse. The officesuccessfully opposed the group’s attempts to obtain a temporary restraining order from both thestate and federal courts, which would have prevented the city from enforcing the park—closureordinance. Both courts agreed with the city that the ordinance was a reasonable “time, place,and manner” regulation of speech.Public Works Various Projects: Our office assisted staff in contract negotiation and preparation forvarious projects, including the following: Sacramento Valley Depot Retrofit Project;Norwood Avenue Bridge Replacement; West El Camino Bridge Tree MaintenanceProject; Guy West Pedestrian Bridge Project; Center Parkway Bridge Project; I & J andAlkali Flat Streetlight Projects; Del Paso Boulevard Streetscape Project; NeighborhoodTraffic Management Projects; 4th and I Street Intersection Modifications; and street overlay andseal projects. Cost Sharing Agreement for Delta Shores: Our office assisted staff in negotiating and draftingan agreement by which the developer of the Delta Shores Project and the city will share the cost,currently estimated to be 95.3 million, of designing and constructing a major freewayinterchange

4 The operating budget in fiscal year 2011-2012 was 6,440,585, of which 3,810,142 was derived from the city's general fund. Approximately 94% of the City Attorney's Office annual budget is for personnel-related costs. In 2011-2012, the City Attorney's Office achieved a budget reduction of 422,000 through staffing reduc-