City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01796 11/18/2025
Appointment of Dana Winterrowd and Jeff Townsend as Hearing Examiners to Hear Appeals Related to the Imposition of Administrative Penalties
File ID: 2025-01796
Location: Citywide
Recommendation: Adopt a Resolution expanding Dana Winterrowd’s and Jeff Townsend’s appointment as Hearing Examiners to include hearing proceedings related to appeals related to the imposition of administrative penalties.
Contact: Angel Solis, Senior Deputy City Attorney, (916) 808-5346, [email protected]; Steve Itagaki, Supervising City Attorney, (916) 808-5346, [email protected]; City Attorney’s Office
Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
Description/Analysis
Issue Detail: Various chapters of the Sacramento City Code provide the ability to appeal administrative penalties imposed resulting from City Code violations. Under Sacramento City Code (SCC) section 1.28.010 (D)(4)(c), administrative penalty appeals shall be heard by a hearing examiner appointed by the City Council.
The City conducts hearings for administrative penalties, fees, and orders issued by its various enforcement staff for violations of the City Code. A hearing examiner may affirm the administrative penalty amount, reduce the penalty to a lower amount, or find that imposition of the penalty is not warranted. The hearing examiner’s decision is based on the evidence presented, the costs of the correction, and the appellant’s financial situation. The hearing examiner has the discretion to impose a lower, but not a higher penalty amount. In making the decision, the hearing examiner considers several factors including: the evidence presented by all witnesses, the seriousness of the violation, the responsible party’s efforts to correct the violation, the impact on the neighborhood, and any instances in which the responsible party has been in violation of the same or similar code provisions.
File ID: 2025-01796 11/18/2025
Decisions made by the hearing examiner are final.
Due to the legal complexities posed by some administrative penalty appeal hearings, a California licensed attorney is often needed to serve as the impartial magistrate. Following a Request for Proposal process in 2020, Jeff Townsend and Dana Winterrowd, both experienced attorneys, were appointed as hearing examiners. They are both currently appointed to hear tenant and landlord petitions, under the City’s Tenant Protection Ordinance, and administrative appeals under the ordinances in Title 5 of the City Code and their current term expires January 31, 2027. Hearing examiners could apply to be reappointed at the end of their term and there are no term limits for hearing examiners or limit to the number that may be appointed.
Staff now recommends their appointments be expanded, under SCC section 1.28.010 (D)(4)(c), to hear appeals under any ordinances of the City Code relating to the imposition of administrative penalties.
Policy Considerations: Not applicable.
Economic Impacts: Not applicable.
Environmental Considerations: Not applicable.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Hearing examiners are necessary to ensure due process for appeals of administrative penalties. They are non-city employees who conduct hearings and issue opinions based on findings of fact.
Financial Considerations: The rate for hearing examiners is $100 per hour. This rate applies to review of the hearing packet, the hearing length, and the time to review the evidence and prepare the decision. Hearing costs are partially offset by hearing appeal fees. There are sufficient resources in the Fiscal Year 2025/26 Community Development Department Operating budget to fund the hearing costs.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2025-
Adopted by the Sacramento City Council
________, 2025
Appointment of Hearing Examiners to Hear
Appeals Related to the Imposition of Administrative Penalties
BACKGROUND
A. Sacramento City Code section 1.28.010.D.4.c authorizes the City Council to appoint a hearing examiner to hear appeals of the imposition of administrative penalties without further action of the City Council.
B. Following a Request for Proposal process in 2020, Dana Winterrowd and Jeff Townsend were appointed as hearing examiners to conduct hearings related to the City’s Tenant Protection Program and to hear certain administrative appeals.
C. On January 28, 2025, Mr. Winterrowd and Mr. Townsend were reappointed as hearing examiners for a two-year term commencing January 31, 2025.
D. Due to Mr. Winterrowd’s and Mr. Townsend’s experience and qualifications, Staff is recommending that the City Council expand their appointment to hear appeals related to the imposition of administrative penalties.
BASED ON THE FACTS SET FORTH ABOVE, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council finds that hearings on appeals imposing administrative penalties under the City’s ordinances will involve lengthy fact-finding processes which would appropriately accommodated by a formal hearing before a hearing examiner.
Section 2. Pursuant to Sacramento City Code section 1.28.010.D.4.c, Dana Winterrowd’s appointment as a Hearing Examiner is expanded to include appeals filed for the imposition of an administrative penalty. The duration of the term of appointment shall be unchanged.
Section 3. Pursuant to Sacramento City Code section 1.28.010.D.4.c, Jeff Townsend’s appointment as a Hearing Examiner is expanded to include appeals filed for the imposition of an administrative penalty. The duration of the term of appointment shall be unchanged.
Adopted by the City of Sacramento City Council on _______, 2025, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Attest:
_____________________________________
Mindy Cuppy, City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.