City of Sacramento Page 1
PERSONNEL AND PUBLIC EMPLOYEES COMMITTEE
Lisa Kaplan, Chair, District 1
Sean Loloee, District 2
Katie Valenzuela, District 4
Caity Maple, Vice Chair, District 5
COMMITTEE STAFF
Mindy Cuppy, City Clerk
Wendy Klock-Johnson, Assistant City Clerk
Steve Itagaki, Supervising Deputy City Attorney
Ag
enda
Personnel and Public
Employees Committee
City Hall-Council Chamber
915 I Street, 1st Floor
P
ublished by the Office of the City Clerk
(916) 808-7200
SUPPLEMENTAL MATERIAL
Description: Attached is supplemental material received after publishing the agenda the addition of attachment 3 for Discussion Item 1. The attached staff report and attachments replace the original staff report in its entirety.
For
the Meeting of: Tuesday, July 25, 2023 at 10:00 a.m.
A
genda Item: Discussion Item 1
1. Annual Report and Performance Evaluation for City Council Appointive Officer - City Attorney (Review Period 2022)
F
ile ID: 2023-00910
Loc
ation: Citywide
R
ecommendation: Receive annual report and pass a Motion forwarding to the City Council for review.
C
ontact: Susana Alcala Wood, City Attorney, (916) 808-5346, [email protected], Office of the City Attorney
City of Sacramento
Personnel and Public Employees Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00910 7/25/2023 Discussion Item 1.
Annual Report and Performance Evaluation for City Council Appointive Officer - City Attorney (Review Period 2022)
File ID: 2023-00910
Location: Citywide
Recommendation: Receive annual report and pass a Motion forwarding to the City Council for review.
Contact: Susana Alcala Wood, City Attorney, (916) 808-5346, [email protected], Office of the City Attorney
Presenter: Susana Alcala Wood, City Attorney, (916) 808-5346, [email protected], Office of the City Attorney
Attachments:
1-Description/Analysis
2-City Attorney Linkage Policy Report on Compliance
3-Annual Report - TBD
4-DEI Strategy and Goals
5-CAO Volunteer, Professional, and Community Contributions 2022 Description/Analysis
Issue Detail: The mayor and city council is committed to performing regular annual reviews of its appointive officers.
The annual report and appointed officer evaluation is intended to move forward to the city council.
The city council will meet in closed session, per Government Code section 54957(b), to provide feedback on past accomplishments and to give direction on the workplan for the upcoming year.
Overview
City of Sacramento Charter § 72 City Attorney
The city council shall appoint a city attorney and shall prescribe the qualifications, duties and compensation of such officer. The city attorney shall serve as legal counsel to the city government and all officers, departments, boards, commissions and agencies thereof and
File ID: 2023-00910 7/25/2023 Disucssion Item 1.
shall have such other powers and duties as may be prescribed by state law and by ordinance or resolution of the city council. In situations where the city attorney determines there is a conflict in representation by that office, the city council may authorize the retention or other legal counsel to represent one of the conflicting parties. The city attorney shall appoint all other members of the city attorney’s office.
The City Attorney serves as legal counsel to the City Council, City Officers and Department staff, boards, and commissions as well as the Administration, Investment and Fiscal Management Board, Sacramento City Financing Authority, and Sacramento Regional Arts Facilities Financing Authority.
The Office provides legal representation in criminal, civil and administrative litigation, renders advice and counsel, and prepares ordinances, resolutions, contracts, opinions, and other legal documents for the City and its related entities. The City Attorney’s Office is organized into four operational divisions and an administration division.
· Administration: Develops and implements office policies and procedures; monitors overall office performance; prepares and administers the office budget; develops and implements education and training; handles all personnel hiring, evaluation, and other personnel matters; assembles and analyzes office productivity data, including the production of an annual report; and engages in long-range planning.
· General Counsel & Advisory Division: Provides advisory and transactional advice and support to charter offices and city departments on all aspects of municipal law including: Brown Act; Public Records Act; CEQA and NEPA; water law; propositions 26 and 218; public bidding, construction and procurement; contract negotiation, drafting and review; prevailing wages; transportation modes; real estate procurement, conveyance and leasing; solid waste disposal; landfill regulation; and various other areas of municipal law. · Litigation Division: Defends and prosecutes civil litigation cases on behalf of the City and its officers and employees acting in the course and scope of employment; and provides legal support to Risk Management.
· Community Advocacy & Public Safety Division: Works collaboratively with City departments on code enforcement, social nuisance abatement, public safety issues, including prosecuting code violations through administrative, civil, or criminal proceedings, and social nuisances through civil litigation and training, and advising staff on enforcement matters. · Strategic Projects & Research Division: Provides strategic support to the City Council’s policymaking function by providing legal advice and response on multi-departmental projects and Council initiatives, including issues of homelessness, economic development, cannabis regulations, and emergency management.
File ID: 2023-00910 7/25/2023 Discussion Item 1.
The attached linkage policy report details City Attorney compliance with the stated goals and objectives for the past reporting period. The remaining attachments highlight the evaluation period accomplishments of the City Attorney as well as the strategic goals and objectives for the upcoming evaluation period.
Policy Considerations: Council Rules of Procedure, Chapter 18.
Economic Impacts: Not applicable.
Environmental Considerations: Not applicable.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Clear communication and performance metrics are at the core of the work of the council and the city. To evaluate council appointive officers on a consistent basis, the Personnel and Public Employee (P&PE) Committee has the role and responsibility of developing and leading annual performance metrics and evaluations.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
City Attorney Attachment No. 2
Council Staff Linkage: City Attorney
REPORT ON COMPLIANCE
Presented to Council P&PE Committee Meeting of July 25, 2023 Scope: Council Directed
Policy Number: 002
Date of Adoption: 06-26-2018
Resolution No.: 2018-0259
Monitoring Method: City Attorney Report
Frequency: Annually, based on appointment date
A. The City Attorney provides legal counsel to the council, city manager, and all departments, offices, boards, and commissions of the city. The city attorney represents the city in litigation and prosecutes city code violations.
B. The City Attorney reports directly to the City Council. The City Council is responsible for hiring, evaluating, and terminating the City Attorney.
C. The City Attorney shall not cause or allow any practice, activity, decision, or organizational circumstance that is illegal, unethical, imprudent, or in violation of commonly accepted business and professional ethics.
D. The City Attorney shall provide applicable monitoring reports to the City Manager for consolidation into a comprehensive citywide report.
E. The City Attorney shall treat the council as a whole and be responsive to individual council members except where substantial resources are required to fulfill a request.
F. With respect to the council, the city manager, and those reporting directly to the council, the city attorney shall:
1. Give his or her advice and legal opinion whenever necessary or deemed required.
2. Inform the council and city manager of potential or future material legal issues impacting the city.
3. Provide counsel to the council as well as to individual council members regarding conflicts of interest and ethical matters.
4. Assist the council in complying with applicable statutes and laws.
5. Inform the council of developments that have the potential of exposing the city to legal or reputational risk.
G. The city attorney shall not provide legal counsel to any council member or employee except in their official city capacity.
Report by the City Attorney on Compliance with the City Attorney Linkage Policy over the past reporting period:
I have provided legal advice directly and through the attorney members of the Office to the Council, the City Manager and all departments, boards and commissions. The principal goal of the office is to be responsive and provide timely legal advice that promotes confidence in the Council and the staff.
The Office has represented the City diligently in a large variety of civil litigation, including appellate cases.
We have continued to pursue a significant number of JFN cases including Cannabis cases. We have also prosecuted municipal code violations. I have provided legal advice and opinions when requested, but also whenever I determined that they were necessary or required to best inform the Council and policy makers. Working collaboratively with the charter officers, but in particular the City Manager ensures that I can provide timely advice.
I have assisted the Council in complying with applicable statutes and laws by providing advice and counsel when asked, and also when I deemed it necessary to raise legal issues that were significant to the policy decision. Over the past reporting period I have kept the council advised of any developments that had the potential to expose the city to legal or reputational risk. These often came up in the context of closed session discussion, confidential memorandum, individual council member briefings, and emails.
Submitted: March 18, 2023 SA Wood
Office of the City Attorney, City of Sacramento
Report for Calendar Year
2022
2 The City Attorney's Office is pleased to present the annual report of activi- ties accomplished in 2022. Emerging from the pandemic, 2022 was a year of transition on multiple fronts. The beginning of the year saw us continuing to support the city's efforts to distribute ARPA funding and other grants to commu- nity organizations and businesses to address the effects of closures and by the end of the year we were working on multiple projects addressing re-opening ef- forts , including the Council's return to in-person meetings and establishing hy- brid work schedules.
Last year was also a significantly busy election year with multiple Charter amendments addressing governance as well as four council district elec- tions. Attorneys spent a significant amount of time working on and drafting Measures L, M , N and O for the voters’ consideration. After voters approved these measures, the attorneys immediately began working on drafting imple- mentation recommendations for the Council. The City Attorney’s work advising the council and departments on implementing these measures will continue in 2023.
In 2022, the city embarked on an effort to address the homelessness crisis by requesting that the county enter in to an MOU that sought to clearly identify the roles and responsibilities of each agency and clearly identify specific cooper- ative steps the city and county were going to take to collaboratively tackle the homelessness crisis. Attorneys played a significant role in the development of this agreement. Implementation of this MOU will factor significantly in 2023.
Respectfully,
Susana Alcala Wood
City Attorney
City of Sacramento
3 OVERVIEW
The administration and general support functions of the office are per- formed under the direction of the City Attorney. The Administration Team is City Attorney Susana Alcala Wood; Chief Assistant City Attorney Sandra G. Tal- bott ; Assistant City Attorney Matthew D. Ruyak; Assistant City Attorney Brett M. Witter; Supervising Deputy City Attorneys Gustavo. L. Martinez, Jerry C.
Hicks, Steve Y. Itagaki and Andrea M. Velasquez; Law Office Administrator An- gela Kolak; and Special Assistant to the City Attorney Jenny Manzer Beck.
The Administration Team strives to maintain a work environment that in- spires excellence and creativity, while rewarding productivity. We promote ca- reer enhancement with ongoing training and staff development. The office pro- vides staff the opportunity to obtain needed credits for Mandatory Continuing Legal Education (MCLE), as well as other professional-association seminars.
The Administration Team develops and implements office policies and procedures; monitors overall office performance and individual performance; prepares and administers the office budget; handles all personnel hiring and oth- er personnel matters; assembles and analyzes office productivity data, including production of an annual report; and engages in long-range and succession plan- ning. Together the team prioritize the establishment and maintenance of rela- tionships and trust with the City Council and their staff, public commissions and valued City departments, officers and city staff.
4 Many of the City Council’s goals and policies are implemented by the en- actment of new resolutions and ordinances or the amendment of existing resolutions and ordinances. The City Council adopted 33 ordinances during 2022.
The General Counsel & Advisory Section, Strategic Projects & Research Section, Community Advocacy & Public Safety Section, and the Litigation & Human Re- sources Section assisted City staff in drafting legislation and, where needed, in work- ing through the entire process of developing effective legislation and working with stakeholders and other interested parties. Our Draft Ordinance Review Committee (DORC) held 28 meetings to review various legislative proposals during Calendar Year 2022. Below are the issues addressed by ordinances enacted during 2022.
Amending City’s Fee and Charge Report for
Recycling and Solid Waste Rates
Landmark on Sacramento Register of Historical and
Cultural Resources 1121 40th Street
Amending City Code Relating to Cannabis
Businesses and the Illegal Cultivation of Can-
nabis
Adding Section to the Sacramento City Code Relat-
ing to Organic Mulch and Paper
Listing of 2701 E Street as a Landmark on the
Sacramento Register of Historic Cultural Re-
sources
Repealing of Ordinance and Levying Special Taxes
Relating to Improvement Areas of Delta Shores
Amending Title 17 of City Code by Rezoning
Acres of Luther Drive
Development Agreement for Innovation Park
Planned Unit Development
Listing 420 4th Avenue as Landmark on Sacra-
mento Register of Historic and Cultural Re-
sources
Listing 2722 Coleman Way as Landmark on the Sac-
ramento Register of Historic and Cultural Resources
Amending Sacramento City Code Relating to
Sidewalk Obstructions and Pedestrian Inter-
ference
Adding to the Sacramento City Code Relating to
Emergency Shelter and Enforcement Act of 2022
Adding to the Sacramento City Code Relating
to the Panhandle Impact Fee
Rezone Approximately 1.13 Acres of Real Property
from Limited Commercial & Executive Airport
Overlay
Amending Sections of the City Code Relating
to the Docks in Old Sacramento
Amending and Adding Sections to the Sacramento
City Code to Adopt Local Amendments to the Cali-
fornia Building Standards Code Relating to Alterna-
tive Water Systems.
Listing Montgomery Way as Landmark on the
Sacramento Register of Historic and Cultural
Resources
Amending Sacramento City Codes Relating to
Sacramento Metropolitan Cable Television Commis-
sion
5 Amending Title 17 of the Sacramento City Code
by Rezoning 183.8± Gross Acres from the Sports
Complex Zone (SPX-PUD) to the General Com-
mercial Zone (C-2-PUD) at 1 Sports Parkway in
Accordance with the Innovation Park Planned
Unit Development
Rezone Approximately 5.23 Acres of Real Proper-
ty from the Heavy Commercial (C-4-Spd) Zone to
the General Commercial (C-2-Spd) Zone within
the River District Special Planning District
Deleting Chapter 10.32 of the Sacramento City
Code, Relating to Cruising
Listing 2911 Riverside Boulevard as a Landmark
on the Sacramento Register of Historic and Cul-
tural Resources
Amending section 3.82.030 of the Sacramento
City Code, relating to disposition of badges
Amending and Deleting Sections of Sacramento
City Code, Relating to Access to Health Care
Facilities and Declaring the Ordinance to be an
Emergency Measure to Take Effect Immediately
Upon Adoption
Amending Title 17 of the Sacramento City Code
by Rezoning ±8.34 Acres on San Juan Road from
the Agricultural (A) Zone to the Multi-Unit
Dwelling (R-3a) Zone.
Adding Chapter 12.100 to the Sacramento City
Code, Relating to Emergency Shelter and En-
forcement Act of 2022
Amending Section 8.136.020 of, and Adding Sec-
tion 8.136.080 to, the Sacramento City Code,
Relating to Registration of Vacant Lots
Deleting and Adding Chapter 15.36 of the Sacra-
mento City Code, Relating to Adoption of the
2022 California Fire Code with Local Amend-
ments
Amending Chapters and Sections of Title 15 of
the Sacramento City Code to Adopt Local
Amendments to the CA Building Standards
Code, Relating to the Sacramento City Building
Code
Ordinance Relating to Building Standards Code
Relating to New Building Electrification
Amending Sections of Sacramento City Code to
Adopt Local Amendments to the CA Building
Standard Code, Relating to Alternate Water Sys-
tems
Adding Chapter 1.14 to City Code Relating to
Mayor and Councilmember vacancies
Repealing Ordinance No. 2021-0034 and Adopt-
ing Military Equipment Use Policy
6 Operating Budget for FY 2021-2022: $ 10,998,570
Sources:
General Fund: $ 8,088,179
Interdepartmental Funds: $ 2,432,221
Enterprise or other funding: $ 478,170
The City Attorney’s budget includes a fixed annual revenue amount of $52,000. That budgeted amount is recovered primarily from services billed to the Sacramento Public Library Authority, as well as other fees and charg- es recoverable to the City Attorney from the Citywide Fee and Charge Schedule.
The City Attorney also received an additional $14,600 for services ren- dered to the Sacramento Public Library Authority in excess of the services delivered as part of the fixed annual amount. Pursuant to Council Resolu- tion #2020-0227, these funds were set aside in the City Attorney’s technolo- gy capital improvement project (CIP) which is used as the primary source for new computer hardware when end-of-lifecycle equipment is replaced.
In addition to the revenue figures above, the City Attorney recognized a total of $474,095 in revenue under Council Resolution #2009-164 (Justice for Neighbors Multi-Year Operating Project). Those funds were set aside in the JFN MYOP, which is used to provide resources to the City to combat quality-of life-issues under the Social Nuisance Code.
7 Department efficiencies: Incorporated pandemic-related protocols into office policies and practices in preparation for return to work in city spaces. Provided office equipment to remote staff to maintain seamless support of department mission.
SERVICE-DELIVERY PRIORTIES ACHIEVED IN 2022:
Continued to guide the Council and Departments through the changing laws and regulations related to cannabis, pandemic protocols on enforcement programs, and the expansion and evolution of the Cannabis Opportunity Reinvestment and Equity program.
Assisted the Council and City Manager by researching and advising on options available to the City for securing additional resources and opportunities to pro- vide services and housing for the City’s unsheltered population.
Assisted the Council and City Manager by analyzing, researching, and advising on issues related to the pandemic, including the health and safety of employees and citizens, economic recovery, access to available funding, and return to city spaces protocols.
8 This division provides advisory and enforcement services to the Sacramento Police Department (SPD) and the Code Enforcement and Dangerous Housing divisions of the Community Development Department. The division partners with enforcement departments to prosecute and abate physical and social nuisances. The division also in- cludes a Criminal Prosecution Unit that prosecutes criminal violations of the City Code.
The mission of the division is to fight corrosive social and criminal nuisances that degrade the quality of life in the City. Operating under the "broken windows" theory, the division’s aim is to identify, prioritize, and address criminal problems before they grow into serious offenses that can lead to urban decay. The division understands that the ability to respond to neighborhood complaints and address criminal problems proactively is critical to improving quality of life in our neighborhoods.
Through the Justice for Neighbors (JFN) program our office has coordinated with the City’s enforcement departments, including the Fire and Community Development Departments, to target abandoned structures, nuisance properties, and blight plaguing neighborhoods. The JFN team files lawsuits seeking aggressive and specifically-tailored injunctive relief, including stay-away orders, closure of properties, hiring of security guards, installation of video camera systems, and other improvements to properties.
Summary Calendar Year
Staff Reports: 133
Contracts: 69 Public Records Act: 78
Criminal Prosecution: 182
Misdemeanors 180
Infractions: 2
Assignments and Matters: 399
9 • Continued to close illegal residential cannabis grow houses and collect a sub- stantial amount of administrative and civil penalties.
• Led the Justice for Neighbors team to abate social and physical nuisance proper- ties throughout the City.
• Assisted the Department of Community Response and the City Manager’s Of- fice with producing the Citywide Homelessness Response Protocols establishing a priority ranking system to address encampments and criteria for removal. • Assisted the Police Department with training and producing confidential police personnel records pursuant to SB 1421 and AB 748 state disclosure laws. • Assisted the Police Department with training and guidance on petitioning the courts for emergency gun violence restraining orders against persons posing a danger to self or others.
10 Summary Calendar Year
2022
Staff Reports: 886 Public Records Act: 97 Contracts: 1314 Assignments and Matters: 2521
The General Counsel and Advisory Division provides legal advice and support to the City Council, all City departments, and staff. The advisory attorneys provide full support for City operations, including:
Drafting and reviewing ordinances and resolutions
Preparation and review of contractual documents
Researching federal, state, and local law
11 • Aided in the drafting of a first-in-the-nation resolution creating a youth liaison to City Council, to enhance youth participation at Council meetings.
• Worked with DOU staff and consultants to draft resolutions for the first proposed new drain- age rate since the passage of Proposition 218 in 1996. The resolutions set out City procedures for majority protest proceedings and mailed ballot elections; developed a mail ballot election process; and addressed legal questions that arose during the process. The City’s voters ulti- mately approved a new drainage rate in the first property-related fee election in City history. • Coordinated a class action lawsuit based on unlawful collusion on prices for aluminum sulfate purchased by the Department of Utilities. The total distribution to the City of $148,518, consti- tuted a material return on the estimated overcharges by the City’s vendors. • Aided in the drafting of an ordinance regulating the public’s use of the Old Sacramento Docks – leased from the State. After decades without any regulations, a new City Code was adopted regulating the location, hours, and fees for public mooring. In addition to providing a defini- tive set of rules for vessel owners who utilize the docks, the new City Code should enhance the public’s overall experience at the dock area in Old Sacramento.
• Assisted in drafting an agreement for the receipt of $1.8 million dollars in state funding that was applied towards the expansion of Fairytale Town. As part of the funding provided to the City through Senate Bill 170, $1.8 million was allocated towards a construction project that expands Fairytale Town. The half-acre expansion includes construction of a story center activi- ty building that includes an indoor play area and meeting room as well as an outdoor ampi- theater-style area for additional educational events. While Fairytale Town must raise addition- al funds for completion of the project, the agreement provides that the City will reimburse Fairytale Town, Inc., for up to $1.8 million dollars as part of the construction project.
• Assisted City staff (planning division and utilities department) in having an alternate water systems (dual plumbing) ordinance enacted. The ordinance makes local amendments to the California Plumbing Code to require gray water systems for certain buildings over 10,000 square feet and require installation of an additional piping system for on-site treated non- potable gray water systems for certain buildings that are over 50,000 square feet. • Assisted the building division in enacting an ordinance making local amendments to the 2022 California Building Standards Code.
• Assisted the planning division and building division in enacting an ordinance making local amendments to the 2022 California Green Standards Code that prohibited gas infrastructure for certain new buildings three stories or less.
• Advised the Community Development Department on the drafting of the 2040 General Plan (scheduled for adoption in 2023).
12 • Advised on the implementation of new housing laws on topics including accessory dwelling units, ministerial housing approvals, urban lot splits, and issues raised under the Housing Accountability Act, all of which are aimed at increasing housing availability within the City.
• Advised on several housing projects that will bring much needed housing to the City, including Joshua’s House, which will provide a place to stay and comfort care to terminally ill individuals experiencing homelessness. It will be the first hospice center for terminally ill homeless people in California and one of only a few in the country.
• Assisted in negotiating EAP contract with new provider.
• Worked with Leaves office to assist several employees with accommodations to continue working.
• Reviewed documentation and advised on the close-out of several long-term construction projects, including the SAFE Credit Union Convention Center, the SAFE Credit Union Performing Arts Center, Fire Station 14, and the Winn Park Building.
• Drafted and reviewed grant documents for the allocation and expenditure of $23,050,000 million in Community Reinvestment Projects and Lower Ameri- can River Parkway Access Improvement Projects.
13 Summary Calendar Year
Ongoing Litigation Cases Handled: 345
Cases Resolved: 104
Litigation Cases Opened: 122
Litigation Review: 14 Cannabis: 4 Civil Rights: 15
Employment: 19 Subrogation-Collection: 4 Tort/Appeal: 52 Writs: 7 Eminent Domain: 1 Contract: 1
Litigation Advice: 3 Code Enforcement: 1 Petition to File Late Claim: 1 TRO: 1
The Litigation Division defends and prosecutes civil litigation cases on behalf of the City and its officers and employees acting in the course and scope of employment; and provides legal support to Risk Management. Division at- torneys work in all manner of law including civil rights, personal injury, prop- erty damage, construction defect, eminent domain, breach of contract, employ- ment, and CEQA. Division attorneys work in both the administrative and civ- il arenas providing litigation services in arbitration and administrative pro- ceedings and in both state and federal courts.
Other Assignments: 29
Advice: 11 Public Records Act: 6 Subpoenas:12
14 • Area Congregation Together, et al. v. City of Sacramento, et al. - Petitioners filed a writ of mandate, seeking to deprive the citizens of the City of Sacramento of their right to vote on the Emergency Shelter and Enforcement Act of 2022 (ESEA) on the grounds that it violated Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584. The City successfully opposed the writ and the ESEA was placed on the November 2022 ballot as Measure O, which was passed by the voters.
• Emily Wheeler v. Appellate Div. of LA Superior Court - At the request of the City of Los Angeles, the City drafted and filed an amicus brief regarding this commercial can- nabis regulation case. The brief focused on the importance and significant interest in maintaining local control over commercial cannabis regulation and enforcement. • Lana LeChabrier v. City of Sacramento - Plaintiff alleged to have suffered personal injuries including being deafened by a Sacramento Regional Transit light rail train that honked its horn while passing J Street at the 6th Street intersection. The Court granted the City’s demurrer to Plaintiff’s complaint. Plaintiff appealed the Court’s ruling. • Laura Birdsong v. City of Sacramento – Plaintiff suffered personal injuries in a slip and fall while walking on the sidewalk at the 800 block of Plaza Avenue. Plaintiff al- leged the accumulation of mud and algae created a dangerous condition of public property. The City filed a motion for summary judgment and Plaintiff dismissed the case.
• Khoua Vang v. City of Sacramento: Plaintiffs alleged civil rights violations and wrongful death in this officer-involved shooting case. Senior Deputy City Attorneys Sean Richmond and Matthew Day tried the case in Federal Court. The result was a hung jury heavily favoring the City.
• Angela Updegraff v. City of Sacramento: This case involved a tree branch that fell and struck Plaintiff, causing significant injuries. Senior Deputy City Attorneys Chance Trimm and Matthew Day tried the case in Superior Court and obtained a de- fense verdict.
• Curtis Luckey v. City of Sacramento: Plaintiff alleged he was falsely arrested by the Sacramento Police Department. Division attorneys filed a motion for summary judg- ment which the Superior Court granted, resulting in judgment in favor of the City. • Lisa Kenton v. City of Sacramento – Plaintiff suffered personal injuries in a trip and fall while walking in a mow strip in front of 1318 18th Street. Plaintiff sued the prop- erty owners and the City alleging dangerous condition of public property.
After the City filed a motion for summary judgment Plaintiff dismissed the City.
15 • Caliber Collision v. City of Sacramento and RASA - Caliber operates an autobody repair business located at 2310 Lexington Street, Sacramento CA. Throughout 2020 and 2021, Caliber claimed individuals experiencing homelessness had been living on City streets and City lots adjacent to its property, threatening “the health, safety, and well -being of Caliber’s employees, customers and vendors, and have further caused detrimental effects to Caliber’s business, with the threat of further and escalating business damage and un- safe conditions.” Caliber sued the City in Federal Court alleging its constitutional rights had been violated. It sought injunctive relief and the recovery of attorney’s fees and costs. The City and RASA settled this matter with Caliber 4 months after the complaint was filed. In exchange for installing parking restriction signage and allowing Caliber to lease the adjacent RASA properties, Caliber dismissed all of its claims against the City, including its claim for attorney’s fees and costs.
16 Summary Calendar Year
Assignments and Matters: 458
Staff Reports: 657 Public Records Act: 52 Contracts: 124
The Strategic Projects and Research Division provides legal advice on projects initiated by the City Council or that require multi-departmental coor- dination. SPR attorneys also provide legal advice to the City Council, charter offices, and city departments .
17 • Emergency Shelter and Enforcement Act of 2022. Assisted and advised on the voter- approved ESEA, as well as the related homelessness partnership agreement between the City and County of Sacramento, and the City’s and County’s collaboration proto- col; all of which commit the City and County to work together to address the local homelessness crisis, with a focus on unified outreach, enrollment of services, mental health services, and temporary and permanent housing.
• Railyards CFD Special Tax Bonds, Series 2022. Represented the City in the $30 mil- lion bond issuance for the Railyards Community Facilities District, which included the review and revision of the master indenture, supplement indenture, bond pur- chase agreement, and the preliminary official statement. The Bond proceeds are ex- pected to be used for the acquisition and construction of a storm drainage pump sta- tion and outfall facility as well as other water and storm drain improvements, road- ways and traffic improvements, and landscaping and park improvements.
• La Familia Opportunity Center Grant Agreement. Drafted a $2 million grant agree- ment between the city and La Familia Counseling Center, Inc., for the acquisition and construction of the La Familia Opportunity Center. The Center will serve as a com- munity hub and provide critical services and resources to some of the city’s most dis- advantaged neighborhoods.
• Public Benefits and Mixed Income Housing Policy. Assisted with the adoption of the policy and the completion of the first policy project with CT Gateway LLC at 3400- 3401 Stockton Blvd. The project involved a $15 million investment for 230 units, with 161 affordable housing units, including low- and moderate-income units. This project contributes to the City’s efforts to reduce homelessness by increasing the number of affordable housing units in the city and by utilizing non-housing city funds to create a public benefits fund to produce more projects that support the community.
• Railyards Infrastructure Grant Project Delivery Agreement. Drafted a project deliv- ery agreement between the city and the master developer of the Railyards project, Downtown Railyard Venture, LLC, under which the city will provide up to $30 mil- lion in State-allocated funds for the design and construction of public infrastructure that will spur development in the Railyards.
18 Law Clerks:
Our award winning law clerk program continues to thrive, thanks to all of the attorneys who are willing to work with and provide guidance to the students.
Our office was acknowledged by the McGeorge School of Law’s Public Legal Ser- vices Society as an exceptional supporter of their mission of enhancing the ability of law students to choose public interest or public service careers in the 2020-2021 academic year.
The majority of the applicants are students from local law schools, (University of the Pacific and UC Davis) but we have also had applicants from Berkeley, Pepperdine, University of Virginia, and William and Mary. Our office hosts students year-round, part-time during the school semesters and full-time during the summer. The law clerks are not paid but receive a wealth of experience as they work on issues from all four sections within the office.
The law clerks also accompany attorneys to meetings, arbitrations, media- tions, depositions, hearings, and trials, all of which help them utilize their newly acquired skills in a professional setting. The office currently has four former law clerks that were hired to work as Deputy City Attorneys.
19 Career Fair Outreach:
Our Office joined the Sacramento Regional Diversity Ca- reer Fair which aims to connect employers with diverse legal candidates for current and future job openings. This furthers our commitment to diversity, equity and inclusion in the workforce. 20 Leadership:
The Sacramento City Attorney’s Office and City Attorney Susana Alcala Wood were awarded the Leadership Award from Habitat for Humanity for their innovative work in helping to create more affordable housing. The Justice for Neighbors program has helped to transform former illegal cannabis grow houses into affordable housing for families.
21 Office of the City Attorney
915 I Street, Fourth Floor
Sacramento, CA 95814
(916) 808-5346 Phone
Attachment 4
OFFICE OF THE CITY ATTORNEY
DEI Strategies and Goals
A. Internal structural efforts to embed DEI goals in the City Attorney’s Office Since the creation of the City Attorney’s Office’s internal DEI team in 2021, much was accomplished in 2022.
Our team created both short and long-term goals, including the implementation of our office’s Diversity Mission Statement:
CITY ATTORNEY’S OFFI CE - DIVERSITY MISSI ON STATEMENT
The Sacramento City Attorney’s Office is fully committed to diversity, equity, and inclusion by employing a workforce that is as diverse as the people of the City of Sacramento. We foster this mission by treating each other with respect, eliminating barriers so that everyone can reach their full potential, and creating a safe space for dialogue related to current and pressing challenges faced in our communities such as: economic, gender, sexual orientation, racial, and religious disparities.
Diversity - in people and perspective - is essential to the extraordinary legal services that we provide to the City of Sacramento. We are committed to recruiting, developing, retaining, and promoting exceptionally talented lawyers and staff with diverse backgrounds and experiences to continue t o provide the City with the outstanding leadership, integrity, and counsel it deserves.
We created a strategic plan that includes recruitment, development and training, retention and promotion and community outreach.
In furtherance of the commitment to make DEI an integral part of the City Attorney’s Office structure, subcommittees were created to focus on both internal and external topics that advance our DEI goals.
A mentorship program was created to pair colleagues with one another not only for training purposes but to come together with common goals, expectations, focus, trust, and respect.
Lastly, we had our first all-staff off-site meeting, organized by the City Attorney and the CAO Diversity Team working with Aimee Barnes and her team, to start the conversation around identifying learning points and objectives for future capacity building discussions.
B. Report on recruitment, hiring and promotion efforts
Recruitment:
A comprehensive review was completed of where CAO recruitments are advertised and shared and a more expansive list was created to increase the reach to more organizations.
Members of the CAO team participated in an inaugural minority job fair organized by local bar associations.
C. Tracking hiring and promotion efforts
The CAO’s commitment to diversity in the City Attorney’s Office has had positive impacts on achieving the goals laid out in the Office Diversity Mission Statement.
Since the Auditor published the “2017 Audit of the City’s Gender and Ethnic Diversity” in January 2018, the CAO has reaped the benefits of its commitment to DEI efforts across the entire office. This table sets out our employees’ self- reported ethnic identities, by number of employees and percentage of employees in the CAO, in the Auditor’s report and again at the end of 2022.
ETHNICITY 2018 12/31/2022
WHITE 37 (79%) 39 (64%)
HISPANIC 1 (2%) 7 (11%)
ASIAN 3 (6%) 5 (8%)
BLACK 3 (6%) 6 (10%)
TWO/MORE 2 (4%) 1 (2%)
FILIPINO 1 (2%) 3 (5%)
HAW/PI 0 0
AM INDIAN 0 0
MENA 0 0
Total Employees 47 61
Our DEI efforts have also continued to improve employment opportunities for women in the CAO.
GENDER 2018 12/31/2022
FEMALE 26 (55%) 35 (57%)
MALE 21 (45%) 26 (43%)
Total Employees 47 61
Finally, the commitment of the CAO, and particularly its administrative team, to the DEI mission ha s resulted in equitable promotional opportunities when considering the ethnic and gender makeup of the office. Since 2018, the CAO has provided promotional opportunities on 24 occasions, and the below table sets out the number for each ethnic group and gender, as well as the percentage of the promotions that number represents.
Ethnicity Promotions
White 13 (54%)
Hispanic 3 (13%)
Asian 1 (4%)
Black 4 (17%)
Filipino 3 (13%)
Gender Promotions
Female 14 (61%)
Male 10 (39%)
Attachment 5
OFFICE OF THE CITY ATTORNEY
Report on 2022 volunteer, professional and community involvement and activities by CAO staff
City Attorney Susana Alcala Wood was elected to serve as the second vice president of the Cal Cities City Attorney’s Department. City Attorney’s Office joins the legal community at the Sacramento Regional Diversity Career Fair which aims to connect employers with diverse legal candidates for current and future job openings. Senior Deputy City Attorney Katherine Underwood served as the 2022 President of the Women Lawyers of Sacramento.
Senior Deputy City Attorney Katherine Underwood was one of three who put together a panel discussion on the topic of embracing intersectionality , in honor of International Women ’s Day, with the Sacramento County Bar Association and Women Lawyers of Sacramento .
Senior Deputy City Attorney, Emilio Camacho, was nominated to Chair the Cannabis Regulation Committee (Committee) of the League of California Cities within the City Attorneys Depa rtment . Habitat for Humanity of Greater Sacramento honored the Sacramento City Attorney ’s Office for its innovative work in helping to create more affordable housing.
- Habitat ’s leadership award was presented to City Attorney Susana Alcala Wood and the City Attorney ’s office during Habitat for Humanity ’s 28th annual Hammy Awards.
Assistant City Attorney Matt Ruyak was selected to serve on the CalCities to review and update the City Attorney’s Department Municipal Law Handbook.
Senior Deputy City Attorneys Jennifer Gore and Michael Voss presented “Public Construction Law – Key Issues and the Role of the Attorney Advisor ” to the Sacramento Chapter of the American Public Works Association .
Senior Deputy City Attorneys Michael Sparks and Kurt Wendlenner presented an overview of the Public Acts Request Citywide via CityYOU .
Senior Deputy City Attorneys Aaron Israel and Beau Parkhurst presented “A Case Study: A Capital City’s Approach to Unshel tered Homelessness ” to the International Municipal Lawyers Association . Senior Deputy City Attorney Aaron Israel presented “ Confronting Unsheltered Homelessness in the Wake of Martin v. City of Boise” to the Sacramento County Bar Association.
Deputy City Attorneys Aaron Israel, Kevin Kundinger, Angel Solis and Senior Deputy City Attorneys Beau Parkhurst and Emilio Camacho gave a training session via CityYOU “Enforcement Strategies to Address Homelessness.” Office Administrator Angela Kolak volu nteered with the Sacramento Legal Secretaries Association at their annual event which hands out candy and leads craft activities with the children in attendance.
The staff of the City Attorney’s Office, as part of the holiday tradition, collected $650 to donate to Women’s Empowerment, a non -profit organization that educates and empowers women who are homeless with the skills and confidence necessary to get a job, maintain a healthy lifestyle, and regain a home for themselves and their children.