text: SACRAMENTO CITY ATTORNEY'S OFFICE Annual Report Fiscal Years 2008-2009 2009-2010 City Attorney's Message Fiscal years 2008-2009 and 2009-2010 were truly a time of uncertainty, arguably the most challenging two years the City of Sacramento has faced in decades. With the near collapse of global financial markets, unprecedented government bailouts, record numbers of property foreclosures, and political turmoil at home and abroad, both the world and the City have changed forever, and the City Attorney's Office has adapted to that change. This Annual Report (actually a "Biennial Report") describes the legal activities of the City Attorney's Office during these two eventful years. The scope of our legal practice has expanded dramatically to cover a diverse array of complex legal issues—including some that, to my knowledge, have never before been addressed or litigated by municipal lawyers in California. Many of these issues related to the record number of local initiatives filed with the City or placed on the ballot. These initiatives called for a sweeping revision of the City Charter, establishment of an independent budget analyst, a rollback of utility rates, and approval of a marijuana tax. At the same time, however, staffing in the office is now down to pre- 1999 levels. But our attorneys rose to the challenge, doing more with less by broadening their legal knowledge and honing their legal skills as needed to get the work done. Importantly, one thing has not changed in the City Attorney's Office during this tumultuous time, and never will: the professional integrity with which we discharge our duties by ethically and zealously representing our client, the City of Sacramento. We continue to provide unbiased, objective, and honest advice, counsel and representation. Consider just two of our many recent achievements: ● Through a streamlined, collaborative effort of the Justice for Neighbors Program, we have cleaned up record numbers of problem properties throughout the City, including properties in foreclosure. Irresponsible property and business owners are being held accountable and can no longer profit from their tenants' or their own offending conduct at the expense of their neighbors. And by threatening eviction in accordance with authority granted by two new state laws, we have forced dozens of drug dealers and gun-law violators to move out of what used to be, but no longer are, problem properties. ● Litigators in the City Attorney's Office, who are among the best in the state, have ethically and zealously defended the City against an unrelenting stream of lawsuits large and small, disposing of an impressive 68% of the damage suits against the City without payment of any City money. I encourage you to read more about the outstanding work performed during these difficult times by the women and men in the Sacramento City Attorney's Office. 2 IN FOND MEMORY OF ASSISTANT CITY ATTORNEY RICHARD E. ARCHIBALD as the consistent quality of his work, motivated the rest of us to put forth our best effort; his ever-present humor reminded us not to take ourselves too seriously; and his In July, 2009, after 22 years of service strong sense of ethics served as a with the City Attorney's Office, Assistant model to always stand up for what City Attorney Richard E. Archibald we think is right. Rich's death was a passed away due to adrenal cancer. As a tragic loss for his family, friends, highly regarded expert on municipal law, legal community, co-workers and the and the longest-serving member of the City, but we also feel privileged for office, Rich was the "go to" attorney on the opportunity we had to know him. complex legal issues ranging from thorny land use disputes, to conflict of interest Rich's Legacy problems, to first amendment matters. To encourage future lawyers to follow Rich started his legal career as an intern Rich's career path the Richard E. in the City Attorney's Office while Archibald Municipal Law Clerk attending law school at UC Davis. After Foundation, a 501(C)(3) non-profit graduating in 1980, Rich worked for corporation, was formed. This Foun- federal Magistrate Judge Esther Mix, dation will fund stipends for law followed by a stint in private practice, clerks in the Sacramento City Attor- before rejoining the City Attorney's Office ney's Office to further the education, as an attorney. As anyone who worked training, and experience of law stu- with him could attest, Rich was an dents in the area of municipal law outstanding attorney, blessed with an and foster development of future city encyclopedic recall of legal knowledge, attorneys. Donations may be made combined in equal measure with common to: Richard E. Archibald Municipal sense and practical insight that shaped Law Clerk Foundation, c/o Bob Toku- the advice and assistance he provided to naga, 1141 Robertson Way, Sacra- clients. Rich also was a pleasure to work mento, CA 95818. with. His wit and humorous stories were legendary. In addition, the foundation is a part of the City's charitable giving cam- His office door was never closed, and he paign allowing employees to make always was willing to put his own work direct contributions. aside to patiently help others. Rich's ethics, commitment to his clients, as well 3 In 2001 the City Attorney assumed an additional role as City Prosecutor of misdemeanor and infraction violations of the City Code. Violations of the California Penal Code and other state criminal laws remain the prosecutorial responsibility of the District Attorney. Structured to Meet Sacramento's Goals The City Attorney's Office two distinct The City Attorney's Clients and Roles roles—City legal counsel and City Code prosecutor—drive the organizational Both state law and the City Charter structure of the office, with legal specify the City Attorney's role and counsel functions provided primarily by clients. The City Attorney's principal the Transactional/Advisory and role is "legal counsel." Under the Litigation Sections, and City Code Charter, the City of Sacramento acts prosecutor functions provided largely through the Mayor and City Council by the Neighborhood Safety and acting as a body. Therefore, the City Nuisance Abatement Section. Attorney is legal counsel to the Mayor and City Council, and those persons, The City Council's five planning focus such as the City Manager, City areas provide the framework for Treasurer, City Clerk, and Department carrying out its vision for the City: Heads, empowered by the City Council, the Charter, or state law to act on behalf Culture and Entertainment of the City. Economic Development Public Safety The Mayor and City Council represent Safe and Affordable Housing the residents of Sacramento, and when Sustainability and Livability the City Attorney's Office ("CAO") advises and represents the Mayor and Just as the City Council's five planning City Council, the residents indirectly focus areas direct the efforts and benefit from that advice and activities of the City's Charter Officers representation. It is a rare week when a and Departments, they also direct the member of the public does not call the efforts and activities of the City City Attorney's Office requesting legal Attorney's Office in providing legal assistance or representation, claiming services associated with and arising they are entitled to such legal services out of those focus areas. The interplay as residents of the City. However, the of those focus areas with our roles as Charter's definition of the City legal counsel and prosecutor is Attorney's clients, effectively proscribes discussed more fully in this report the City Attorney from advising and under the Neighborhood Safety and representing others, such as City Nuisance Abatement, Litigation, and residents. Transactional/Advisory sections. 4 New Assignments/Cases Clients 2008- 2009- 2009 2010 All Council Districts 54 98 City Attorney's Office 68 26 City Auditor 2 8 City Clerk 66 49 City Manager 76 87 City Treasurer 37 46 Code Enforcement 291 357 Community Development 325 Conv., Culture & Leisure 254 343 Administration Development Services 266 104 Economic Development 208 182 While the demand for legal services is Finance 138 131 seemingly unlimited, the resources to Fire 168 118 provide those services grow increasingly limited. Good organization, efficient office General Services 719 614 management, and first-rate leadership are Governmental Affairs 47 2 essential to meet demand by providing Human Resources 132 141 excellent legal services in a cost effective manner. Information Technology 88 121 Labor Relations 185 79 The Administration Team—consisting of Library Authority 1 443 the City Attorney, Assistant City Attorney Sandra Talbott, Supervising Deputy City Mayor 15 7 Attorneys Gustavo Martinez, Matt Ruyak, Neighborhood Services 25 5 and Brett Witter, Office Administrator Toni Outside Agency Referral 21 7 Jones, and Special Assistant to the City Attorney Lorraine Odom—provide these Parks and Recreation 316 488 organizational, managerial, and leadership Planning 164 8 skills ensuring the City receives cost- Planning Commission 1 23 effective and excellent legal services. Police 1,096 1,284 Procurement 0 159 Revenue 0 6 Risk Management 3 1 Transportation 697 578 Utilities 1,018 956 No Department Specified 5 54 5 TOTAL 6,163 6,850 Staff development and training—both Because approximately 92% of the internal and external—remained a key City Attorney's annual budget is for focus of the Administration Team in fiscal personnel-related costs, the years 2008-2010. Senior deputy city required level of budget reductions attorneys continued spearheading a for the reporting period was monthly in-house State Bar sanctioned achieved primarily through staffing training program, providing mandatory reductions. From a high of 58 full- continuing legal education (MCLE) credits time equivalent ("FTEs") in fiscal to attorneys in the City Attorney's Office. year 2007-2008, City Attorney's On-site legal professional association Office staffing was cut to 53 FTEs in seminars are provided for legal fiscal year 2008-2009 and then 49 professional staff. Attorneys conducted FTEs in fiscal year 2009-2010. City University classes on Sacramento City Charter Fundamentals, Conflicts of CAO's Budget Savings* Interest, Mass Mailings and Gift Rules, FY TOTAL and Success at the Podium: Preparing and 2001/2002 $513,437 Presenting Effecting Council Staff 2002/2003 $846,117 Reports. The City Attorney offered 2003-2004 $257,015 individualized training on the spectrum of municipal laws to the Mayor and his staff. 2004/2005 $476,488 2005/2006 $462,567 Budget 2006/2007** $514,461 2007/2008 $410,840 The City Attorney's Office annual budgets 2008/2009 $436,595 in fiscal years 2008-2009 and 2009-2010 2009/2010 $554,400 were $6,752,960 and $6,971,919 respectively, of which $4,466,841 and $4,341,476, respectively, were derived *Total for each fiscal year includes from the city's general fund. The City budget savings from the CAO's Attorney's Office budget has decreased by operational budget as well as the $566,975 since fiscal year 2007-2008. litigation fund, plus unbudgeted Additionally, to assist efforts to balance revenues, all achieved through the citywide budget, the City Attorney's continual operating efficiencies, fiscal conservatism, and revenue recovery Office transferred "one-time" funds efforts. totaling $568,999 to the city general fund from a fund that the City Attorney's **Beginning in 2006/2007, the CAO's Office had accumulated from prior years' budget savings were swept into the city budget savings. general fund to address the general fund deficit. NOTE BENE: Since FY 2007-2008, the City Attorney's Office has unfunded 10 FTEs, including 4 attorney positions, shrinking staffing levels to 1999 levels. 6 Neighborhood Safety and Nuisance Abatement The Neighborhood Safety and Nuisance Abatement (NSNA) section is responsible for the handling of all City Code enforcement issues, including training and advising staff on enforcement matters, and prosecuting violations through administrative, civil, or criminal actions. GUSTAVO MARTINEZ Supervising Deputy City Attorney Attorneys: Michael Benner Michael Fry Susan Hayes Gary Lindsey Steve Itagaki Paralegals: Norma Florendo Lynette Fuson Legal Secretaries: Jenny Beck Dianne Chasteen Jamie Gifford Angela Kolak Cleo Morris Desiree Stockton 7 residential), and businesses. Typically, NSNA NSNA seeks court orders that (1) require property owners to clean up Overview their properties or maintain landscaping, (2) require certain Diligent and comprehensive enforcement problem persons to stay away from of the Sacramento City Code is essential properties, and (3) appoint receivers to to achieving the city council's goal of repair and rehabilitate problem making Sacramento the most livable properties. For commercial properties, community in the country. The City NSNA may also request orders that Attorney's Neighborhood Safety and require increased lighting, security Nuisance Abatement section ("NSNA") guards, and other safety related serves as legal counsel and prosecutor for measures. Because civil lawsuits can a multi-departmental team effort to be complex and time-consuming, they improve public safety. NSNA also are generally reserved for the most provides training to the city's serious community problems, such as enforcement departments (e.g., the police complex housing and building department's problem-oriented police abatement cases, and drug, gang, officers ("POP") and code enforcement prostitution, and chronic social officers) as part of its team approach to nuisance cases. addressing and responding to citywide NOTE BENE: The NSNA Section has enforcement problems and issues. The collected $48,605 in penalties and fees goal is to create a seamless process from related to social nuisance cases in this the inception of an enforcement case reporting period. through its prosecution. Code Enforcement and Nuisance Abatement Administrative Enforcement Actions Tools The city code authorizes city staff to The city code and state law, including pursue enforcement actions through specialized nuisance abatement laws, various administrative proceedings, provide code enforcement staff and NSNA such as imposing administrative a variety of enforcement tools. NSNA penalties; ordering buildings and routinely uses three types of enforcement properties closed, demolished, secured, actions to prosecute nuisance cases: civil, or cleaned up; and issuing stop-work administrative, and criminal. orders. Administrative enforcement also includes business and zoning violations, and matters related to the Civil Actions city's entertainment permits. NSNA In civil actions, NSNA invokes state and advises staff on applying the city code's local laws to file lawsuits on the city's administrative enforcement remedies behalf against problem persons, to specific cases. NSNA attorneys also properties (both commercial and serve as advocates before 8 administrative hearing officers in appropriate cases. Although code enforcement staff can handle most administrative actions, NSNA assists staff with actions involving complex legal issues or parties represented by counsel. Criminal Prosecutions When appropriate, NSNA attorneys file criminal complaints against city code violators. If convicted, these violators may be sentenced to serve jail time, or placed on probation subject to specified conditions such as stay-away orders, job- and housing-search requirements, clean- up requirements, and other conditions designed to deter future violations. The most common prosecutions for city code violations are those dealing with substandard housing or buildings, failure to comply with an administrative notice People v. Offender B (Dist. 8): and order, illegal dumping, commercial The offender was criminally cited violations, illegal businesses, drinking in for trespassing at an apartment public, and trespassing. These complex, despite having received prosecutions greatly enhance the quality a prior notice not to enter or be on of life in city neighborhoods and the property. The offender communities. pleaded guilty, and as part of his sentence he served four days in Here are three notable criminal cases jail and was ordered to stay away from fiscal years 2008-2009 and 2009- from the apartment complex for 2010: life or until the apartment owner returned his privilege to enter the People v. Offender A (Dist. 3): complex. The offender was criminally cited for repeatedly ignoring Code People v. Offender C (Dist. 5): Enforcement orders to remove the The offender was criminally cited junk and debris from his property. for illegally dumping a washer The offender pleaded guilty, and as and building material near the K- part of his sentence he agreed to Mart store on Stockton Boulevard. clean up the property and pay He was convicted, ordered to pay $3,431 in penalties to the city. a $1,000 fine, and placed on one year of probation. 9 NSNA Client and Services Downtown Enforcement Team/Task Force NSNA attorneys provide myriad services To complement the efforts of Code to their client departments. For example: Enforcement staff, the District Attorney's community prosecutor, and Code Enforcement Department the police department, NSNA joined this focused team effort in the Advice, criminal prosecution, downtown area, producing several inspection warrants, and nuisance positive benefits such as— abatements Advocacy and representation at Maintaining a downtown presence administrative hearings of law enforcement through walk- Enforcement of entertainment abouts with police officers, ordinance Downtown Partnership staff, the Review of contracts, administrative community prosecutor, and city- notices, letters, and forms code enforcement staff; Periodic training of enforcement staff Identifying and obtaining quick Support for the neighborhood response resolution of downtown issues, teams such as problem properties; and Enforcement support for the housing Participating and teaching in the and dangerous building division Downtown Partnership's safety Enforcement support for the business and crime prevention forums compliance division Drafting enforcement-related Fire Department ordinances and ordinance amendments Illegal dumping program City code enforcement advice Graffiti abatement actions Support on fire prevention issues Development Services Department Parks and Recreation Department Enforcement support for pursuing Enforcement of city code chapter violations of title 17 (zoning) of the 12.72 (parks, park buildings, and Sacramento City Code recreational facilities) Assistance with enforcement of Enforcement of city code chapters entitlement conditions 12.56 (trees generally), 12.60 (Dutch elm disease), and 12.64 (heritage trees) 2008-2009 New NSNA Matters 2009-2010 New NSNA Matters Code Enforcement Code Enforcement 241 262 Police 761 Police 421 All Others 63 All Others 73 TOTAL 725 TOTAL 1,096 10 Police Department Vehicle Code Prosecutions Advice on city code enforcement The Sacramento Police Department issues identified a residence being used as a Criminal prosecution of city code chop shop. Auto parts from at least six violations stolen vehicles were recovered, and the Periodic training on enforcement suspects were arrested and convicted. matters During the investigation, the police Problem-oriented-policing ("POP") department located a 1994 Acura projects Integra assembled predominately of Drug abatements stolen auto parts. Many parts on the Actions to abate social nuisances vehicle had identification numbers Gang injunctions removed or altered. Drug and gun evictions Under Vehicle Code section 10751, any vehicle found with altered or defaced Discovery of Peace Officer Personnel Records component parts can be seized and Criminal defendants often file so-called destroyed. NSNA attorneys Pitchess motions to gain access to successfully petitioned the court for an confidential peace officer personnel order of destruction, and the vehicle records. Sometimes the only purpose of was "crushed" at a local auto-salvage these motions is to conduct fishing yard. NSNA and the police expeditions in a police officer's personnel department publicized the destruction file, hoping to find anything the defendant to serve as a warning to auto thieves can use to smear the officer's reputation. that their cars could be next. Given the sensitive nature of peace officer personnel records, NSNA attorneys vigorously oppose unjustified motions, seeking appellate review if necessary. In fiscal year 2008-2009 we handled 24 Pitchess motions, and in 2009-2010 we handled 39 — a 60% increase from the year before. Pitchess Motions 11 JUSTICE FOR NEIGHBORS alcoholic beverage establishments within the city, and NSNA attended On August 1, 2006, NSNA launched the joint meetings with the police Justice-For-Neighbors program ("JFN") department, the United States targeting major social nuisance and Attorney, and slumlords where we criminal nuisance cases that degrade have demanded compliance with the quality of life in the city's federal, state, and local laws. Each neighborhoods. Executive team department or office brings its own members of the JFN committee meet expertise and authority to the table, once a month to discuss the progress of and by working together we have been each case and identify new cases that able to resolve social nuisance cases merit JFN enforcement. The JFN much sooner than ever before. committee consists of the CAO and the following departments and divisions After launching the JFN program in within the city: the police department, 2006, the CAO experienced a sharp the code enforcement, housing and increase in social nuisance cases— dangerous buildings, and neighborhood jumping from 2 cases filed in 2006 to services divisions of the community 33 cases in 2007. The trend continued development department; and the solid into 2008 as 37 cases were handled. In waste division of the utilities 2009, however, we noticed a notable department. decline in the number of social nuisance cases referred to our office. A welcome byproduct of JFN has been We went from 37 cases in 2008 to 18 in the creation of new and more efficient 2009. relationships between the CAO and outside agencies. To focus on problem properties, businesses, and people in the city, the CAO has established relationships and collaborated with the California Department of Alcoholic Beverage Control ("ABC"), the United States Attorney, the Office of the Inspector General, the Sacramento County District Attorney, and other local Our data suggests that the decline in agencies such as the Sacramento numbers was related to the budgetary Housing and Redevelopment Agency. challenges faced by the enforcement Our relationships have enabled us to departments (police department and create joint task forces to focus on code enforcement). The police particular problems. For example, department had been forced to deploy together with the ABC, NSNA its limited resources to handling high- performed unannounced inspections of priority crime, and code enforcement had been 12 required to layoff inspectors. This requested to attend POP-team roll reduction in resources substantially calls and hold office hours in the field. decreased the social nuisance work load The goal was to lessen the paperwork in this office. burden on POP officers by allowing the POPLAW attorneys to take over that To address the downward trend, we role, so that the POP officers could revamped our community prosecution focus on the streets. initiative called problem-oriented policing and legal-action workforce POPLAW yielded positive results, as ("POPLAW"). Community prosecution we saw an increase in prosecution of focuses on targeted areas and involves a social nuisance cases. In fiscal year long-term, proactive partnership 2009-2010, we handled 31 social nui- between the prosecutor's office, law sance cases (a sharp increase from 18 enforcement, the community, and the year before). In addition, we saw a public and private organizations, steady number of gun- and drug- whereby the authority of the eviction cases that added to the com- prosecutor's office is used to solve prehensive nature of community polic- problems, improve public safety, and ing by removing problem people from enhance the quality of life in the neighborhoods and shutting down community. The common denominator their criminal activities. of all community prosecution programs is that prosecutors operate in response to community needs. Problems can be identified through analyzing crime patterns and socioeconomic data, as well as by attending community meetings and listening to concerns of citizens. Once problems are identified, resources are allocated accordingly. In fiscal year 2009-2010, POPLAW attorneys were assigned cases from specific geographical areas (north, central, and south). These attorneys were required to become familiar with neighborhood residents and their com- plaints about social nuisances by at- tending community meetings, giving presentations at schools and civic group meetings, educating citizens on how to provide helpful information to law en- POPLAW attorneys conduct ride-alongs with forcement, and encouraging community POP Officers. In this instance the POPLAW involvement in enforcement. Most team evaluated unlawful campgrounds from the importantly, these attorneys were air to more effectively identify solutions and nuisance abatement. 13 Justice for Neighbors Social- Nuisance Abatements for purposes of illegal drug The police department's POP teams and activity. Calls for police service NSNA's attorneys take an aggressive were excessive. In a joint effort, approach against gang members, drug the police department and ABC sellers, prostitutes, and property owners conducted an undercover operation who permit their properties to be used that resulted in the owner being for criminal activities. When NSNA charged with purchasing stolen closes down a drug or nuisance property on multiple occasions and property, the neighborhood sees an engaging in welfare fraud. NSNA immediate change for the better: filed a social nuisance lawsuit that children play once again in their front resulted in a permanent injunction yards, and litter, trash, and drug requiring the store owner to stop paraphernalia disappear. Here are a selling single containers of alcohol, few of the notable civil cases: to install a sound system capable of playing classical music (which 3101 61st Street (District 6): The discourages loitering), to install elderly owner of a single-family video surveillance cameras, and to home had multiple occupants who reimburse the city for some of its consumed illegal narcotics. Because past response costs. Since then, the owner unable to control the calls for service have drastically drug-related nuisances occurring in declined, and the loitering has the home, NSNA filed a social stopped. The owner has returned nuisance lawsuit that resulted in a to being a good neighbor. permanent injunction ordering the drug-using tenant to stay away. With the support of the POP team, the CAO, and Sacramento County Adult Protective Services, the owner was placed in an assisted- living facility for her own benefit. Calls to the police stopped, and the elder abuse was eliminated. Don's Bottle Shop ― 611 16th Street (District 3): The owner of a liquor American Spirits Sports Bar — store allowed its parking lot to 3270 Northgate Boulevard become a center for criminal (District 1): This bar had activity that included social generated over 400 calls for police nuisances such as drinking, service over a five-year period. urinating in public, and loitering The bar experienced fights, robberies, drug dealing, and drunken mayhem in the parking 14 lot after the bar closed at night. occurring in the parking lot. NSNA filed a social nuisance lawsuit against the owner of the C Street (District 3): A property shopping center and the bar tenant. owner allowed his empty lot in a The parties understood that the residential neighborhood to be calls for service were elevated when utilized as an illegal camping site. the bar was providing After numerous neighbor entertainment events such as live complaints about the round-the- DJ's, live bands, dancing, and clock noise and foot traffic from the karaoke that attracted people from campers, and the smells of the outside the neighborhood. The portable toilets, the CAO filed a tenant bar owner was forced to nuisance abatement lawsuit against surrender the bar's entertainment the owner. Shortly thereafter, the permit. The result was a dramatic owner entered into a settlement reduction in the calls for service. agreement with the city agreeing to The bar has returned to being a cease and desist from permitting neighborhood bar. illegal camping on the site. Denny's—6401 Mack Road (District 8): This 24-hour dining establishment had developed a reputation for people hanging out after the bar closed at 2:00 a.m. As a result of inadequate security, the restaurant experienced assaults, robberies, multiple shootings, and large gatherings of gang members that frequently resulted in violence. 2208 24th Street (District 4): This Denny's refused to close during the single-family home had become a late hours despite the gang house. The owner had overwhelming evidence that by allowed her home to be frequented staying open late it too was the by, and occupied by, drug users, victim of crime. NSNA filed a social criminals, and validated gang nuisance lawsuit that resulted in a members. The criminal activity permanent injunction requiring peaked when a drive-by shooting Denny's to close between 12 a.m. occurred, presumably targeting one and 5 a.m. and further ordering the or more gang members inside. shopping center owner to provide NSNA filed a social nuisance 24-hour security to keep people out lawsuit that resulted in a of the parking lot during those permanent injunction requiring the times. The calls for service have owner to, among other remedies, markedly decreased, and there are prohibit all parolees, probationers, no reports of criminal activity gang members, and drug users from 15 entering or remaining on her property and hiring a professional property management company to maintain the property. The court also awarded the city $325,000.00 in attorney's fees, costs, and civil penalties. Since the injunction was entered, calls for service have drastically declined, and the criminal activity has stopped. The The Dixieanne Apartments had a history of being an open air drug market. NSNA homeowner has returned to being secured a permanent injunction and a a good neighbor. $29,000 award against the owner. 729 Dixieanne Ave. (District 2): This apartment complex had developed a reputation for being an Gun Evictions: Under new state open air drug market. The legislation that took effect on property generated excessive calls January 1, 2008, the City for service that often involved Attorney is authorized to evict shootings and violence. Gangs tenants for firearm-related claimed the apartment complex as offenses committed on rental their territory and operated inside property. NSNA filed six gun- to sell drugs. NSNA filed a social eviction actions in this reporting nuisance action that resulted in a period. All of the gun evictions permanent injunction ordering the involved illegal gun possession or property owner to stop the gang violence, and sometimes criminal activity in the complex. both. In one case in the 700 block The court also awarded the city of Northfield Drive (District 1), a $29,000.00 in penalties against the 17-year-old was shot and killed by property owner. Since the a 19-year-old near the apartment injunction was entered, calls for complex where the victim's family service have declined and while resided. NSNA promptly evicted the complex has remedied some of the crime family from the its worst offenses, NSNA continues complex. A separate gang- to monitor and conduct inspections affiliated family residing in the with enforcement departments to same apartment complex was prevent a return to business as likewise evicted pursuant to the usual. gun-eviction law about the same time. The evictions of two crime families for gun violations resulted in an immediate and noticeable relief to the remaining law-abiding tenants in the 16 neighborhood. It also reduced the committee of the federally funded potential for increased gang activity weed-and-seed program. The and retaliation by and against the program's goal is to "weed out" social two crime families. nuisances such as illegal-drug sales and crime by using targeted law Drug Evictions: As a result of enforcement, and then to "seed" the NSNA's demonstrated competence in Oak Park neighborhood with handling gun evictions, the restoration efforts such as after legislature added the Sacramento school programs and focused City Attorney to the short list of city collaboration with neighborhood attorneys authorized to evict tenants social services. Using the successful for unlawful possession of illegal nuisance abatement action at narcotics on rental property (the McClatchy Park in fiscal year 2007- others are Los Angeles, Long Beach, 2008 as a guide, and with the Oakland, and San Diego). Since our support of the weed-and-seed team, office was added to the list on NSNA attorneys filed individual January 1, 2010, NSNA has filed nuisance actions against 16 seven drug-eviction cases. In one defendants who had a history of case, on the 3100 block of San Rafael selling illegal drugs on the 3600 Avenue (District 5), police officers block of Pansy Avenue. Since then had been routinely confiscating there has been a noticeable decline drugs and digital scales from the in the illegal-drug activity in that tenant's property. Although the area. tenant admitted that he allowed 2009-2010 New NSNA Matters drug dealers to use his porch for Administrative Assignment 5 selling drugs, and despite other Administrative Appeals 7 overwhelming evidence of illegal- Advice 78 drug sales, the landlord refused to Collections 1 evict the tenant. NSNA attorneys filed a drug-eviction case and Criminal 618 threatened to join the landlord in the Drug Evictions 8 eviction proceeding. Within 30 days General Questions 125 after the notice of eviction was filed, Gun Evictions 9 the landlord evicted the tenant, Litigation Review 4 bringing immediate relief to the Ordinance 9 neighborhood and resolving a long- Petition for Review 1 festering social nuisance Physical Nuisance Abatement 2 without protracted civil litigation Pitchess Motions 39 against the landlord. Public Records Act Request 106 Weed-and-Seed Program (District 5): Social Nuisance (Litigation) 38 NSNA attorneys are actively Subpoena 27 working with the steering Warrants 3 Weapons Cases 15 Writ (Litigation) 1 17 TOTAL 1,096 Litigation The Litigation Section is responsible for handling all civil litigation for the City of Sacramento and its employees. Attorneys in the Litigation Section handle lawsuits where the City or staff is the plaintiff or defendant, in matters that encompass the entire spectrum of municipal law. BRETT WITTER Attorneys: Supervising Deputy City Attorney Sheri Chapman Marcos Kropf Kathleen Rogan Chance Trimm David Womack Paralegal: Lynette Fuson Legal Secretaries: Colleen Clay Erica Dillard Jamie Gifford Kathy Montgomery Di Walters Phyllis Zakrajsek 18 Litigation continued to aggressively pursue individuals who owe the city money on contracts or for unpaid fees. Overview Finally, litigation attorneys provided For fiscal years 2008-2009 and 2009- important advisory services to several 2010, the City Attorney's Office (CAO) departments on an as-needed basis and continued its commitment to consistently provided advice to the maintaining one of the strongest police and fire departments, the labor municipal litigation units in the state. relations department, and the risk- This section has earned the respect of management and workers' clients and adversaries and continues compensation divisions of the human to enjoy a high level of success. As in resources department. years past, this success has greatly reduced payouts in damage cases and Significant Savings by Keeping Litigation minimized the expense of retaining In‐House outside counsel, thereby preserving precious budget resources. This success When the CAO began handling all has also fostered client confidence and litigation in-house, the primary goal was trust in the litigation attorneys' to decrease the cost of referring expertise and dedication across a wide litigation to outside counsel. This goal variety of matters. The ever-improving has been met by consistently realizing a relationship between attorney and substantial budget savings over client reduces the stress of litigation referring matters out. Five years ago, for our clients and ensures more open the office also stopped the practice of lines of communication with them. regularly rotating attorneys into and out of the litigation section. This has Litigation attorneys represented the allowed the section to hire and retain city and city staff as plaintiff or experienced litigators, which has defendant in all areas of the law, even increased the chances for success in all those not typically associated with a matters and further minimized the need municipal practice. Cases in which a to refer cases to outside counsel. Simply plaintiff seeks damages from the city put, experienced litigators are more remain the majority of cases handled capable and willing to handle a broader by the section, including cases spectrum of cases, and have the involving alleged violations of civil experience and skill to do so rights, employment disputes, breaches successfully. of contract, and personal injury. But litigation attorneys also spent considerable time defending the city in NOTA BENE: Over the two year period writ proceedings and in disciplinary, covered by this report, just one litigation contract, and statutory matters related matter was referred to outside counsel at city expense-the first in the last five to labor relations. The section has years. 19 The starting point for understanding downsized by one attorney in fiscal year the savings realized by keeping 2007-2008. Even so, litigation attorneys litigation in-house is a comparison of have created savings and efficiencies by the hourly rates for litigation section focusing their continuing education on attorneys with rates for outside counsel. those areas where they have active As in years past, the cost of one hour of cases and by attending local continuing personnel time for a deputy city education programs whenever possible. attorney, including all benefits and In addition, the litigation section has overhead costs, remains substantially been experimenting with having two- lower than for private-sector attorneys. attorney teams assigned to certain This is only the beginning of the larger cases, the goal being to prevent a savings, however, as the "hourly rate" single case from excessively diverting for deputy city attorneys is based upon one attorney's time from other assigned a 40-hour week, yet litigation attorneys matters. Having these teams also regularly work much longer hours. provides an opportunity for litigation Furthermore, the use of in-house attorneys to practice in new areas of the litigators allows the city to reject law with attorneys experienced in those "nuisance" or "cost of defense" areas. settlements, which not only saves money in the immediate term but also Customer satisfaction remains an area pays dividends long term, as local of focus for the section, and is achieved attorneys do not see the city as an easy by maintaining—and improving—our mark for quick settlements. Although relationships with all city departments. the actual amount saved by keeping A client's comfort and confidence with litigation in-house is difficult to the litigation attorneys is vital to the calculate accurately, it is safe to say litigation section's success and is never that the differences in the cost of taken for granted. Meeting with clients litigation expense across the 433 before depositions, mediations, matters handled by the litigation arbitrations, settlement conferences, section over the last two fiscal years has and trials has helped to de-mystify saved hundreds of thousands of dollars. these procedures and has allowed the litigation section's clients to be more Fostering Client Comfort and Confidence comfortable when participating in what can be a stressful experience. Thanks to diligent preparation by litigation In the office's last annual report, the attorneys and open lines of litigation section's stated primary goals communication, our clients have were to focus its attention on increased developed confidence in the litigation efficiency and customer satisfaction attorneys and know that the attorneys through successful resolution of will help them to achieve successful lawsuits. litigation results. Finding efficiencies in the litigation section has been difficult, as the section 20 Aggressively Pursuing Revenue Payouts for fiscal years 2008-2009 and 2009-2010 remained consistent with In fiscal year 2008-2009, the litigation recent years, despite seeing a major section began to work increasingly upswing in the number of cases in with staff to ensure that the city's which significant damages are debtors honored their obligations and realistically sought. to recover litigation costs and attorney's fees when the city was City Payouts on All Litigated Risk Cases1 entitled to them. In fiscal years 2008- 2009 and 2009-2010, litigation Year Cases Payouts attorneys collected thousands of dollars Closed from debtors and from persons who FY 05-06 44 $765,953 filed meritless lawsuits against the city. By aggressively and successfully FY 06-07 74 $1,980,271 defending the city and its employees and by relentlessly seeking to recover FY 07-08 68 $3,328,319 litigation costs, the litigation section FY 08-09 56 $1,487,720 not only generates revenue for the city but also discourages would-be FY 09-10 54 $1,028,938 plaintiffs from filing meritless lawsuits against the city. 1 The table does not include the payout for one case settled Continued Litigation Success in all Areas of in FY 07-08 that was taken over by the City's excess the Law insurance carrier. The case resolved by outside counsel for $12,450,000. Of this amount, the City contributed $2,000,000. As in years past, the litigation section's paramount goal is, and must be, the Looking Forward successful resolution of lawsuits. During fiscal years 2008-2009 and 2009-2010, the litigation section's The litigation section's goals in fiscal commitment to diligent preparation, year 2010-2011 will be (1) to continue careful analysis, and aggressive but focusing on increased customer ethical tactics and strategies yielded satisfaction through successful another period of sustained success. litigation and (2) to ensure the job Over that two year period, the section satisfaction of the litigation section closed 110 lawsuits in which the attorneys and support staff. Litigation plaintiff sought damages, and 75 (68%) attorneys will maintain and foster the of those lawsuits were resolved without lines of communication with our clients, the payment of money by the city. particularly in cases with complicated legal or factual settings. Internally, the NOTA BENE: Of the 110 damage cases re- solved during the past two fiscal years, the Litigation Section successfully resolved 68% without the payment of money by the city. 21 section's support staff has had a retreat to striking him in the head. The case discuss job satisfaction and efficiency, and was arbitrated, and the arbitrator in the next fiscal year the section found in favor of the city, as there attorneys will do the same. By focusing on was no evidence of any dangerous job satisfaction and reducing stress, the condition. Thereafter, plaintiff's hope is to the make the section even more attorney agreed to dismiss the capable of providing our clients with a city. high level of service while maintaining a workplace environment that fosters Case No. 3: Plaintiff was injured continued success. while riding his bicycle on a transition area between the Highlights sidewalk and street on westbound J Street, sustaining a serious hip As indicated above, the litigation section fracture that required surgical had substantial success in handling its repair with titanium rods. His cases over the last two years, resolving medical expenses were $60,000. 68% of damage cases without payment of In his lawsuit against the city, money. This success is the result of plaintiff alleged that a raised lip litigation attorneys aggressively handling caused him to fall off his bicycle all cases and rejecting "nuisance" and that this area was a settlements. Here are some notable cases: dangerous condition of public property. Prior to trial, we filed a Case No. 1: Plaintiff sustained motion for summary judgment. severe injuries while The trial court granted this riding in a vehicle in which the driver motion, ending the case. lost control and hit a tree on Pocket Road. Plaintiff alleged that Case No. 4: Plaintiff alleged that this area of Pocket Road was he was assaulted and falsely dangerous because of water from arrested when two city animal median over-spray. Plaintiff's control officers and a police officer medical expenses alone were over removed a dangerous animal from $1,000,000. Prior to trial, co- his property. A non-binding defendants (adjacent landowners) arbitration resulted in a finding settled with plaintiff for $60,000. of no liability against the city. Litigation attorneys were able to Following the arbitration, convince plaintiff's attorney to plaintiff failed to participate in dismiss the dangerous condition discovery, and the case was claim against city in exchange for a dismissed as a sanction following waiver of defense costs. the city's motion to compel that participation. Case No. 2: Plaintiff was injured when the attachment for a tire swing in a city park broke, 22 Case No. 5: Plaintiff sued the city condition or that there was any way and two of its police officers for to prevent the tree from falling, the false arrest and imprisonment, plaintiff agreed to dismiss his case conversion, and civil rights for property damage, without violations under state and federal additional compensation, just before law. Our aggressive use of pleading trial was to begin. motions resulted in the plaintiff having to file four amended Case No. 8: Plaintiff in this writ complaints; it also resulted in the proceeding was a former employee majority of the case being who voluntarily absented herself dismissed. After taking the from work and refused to plaintiff's deposition, the city participate in fitness-for-duty successfully moved for summary testing upon her return. Plaintiff judgment and obtained a sanctions argued that such testing was award against plaintiff for abuses improper and that the city had a of the discovery process. Plaintiff duty to reinstate her to her prior appealed, but the city successfully position. The superior court and opposed his attempts to overturn Third District Court of Appeals the judgment of dismissal. agreed with the city, and the plaintiff was not reinstated. Case No. 6: Plaintiff alleged she was wrongfully detained in Case No. 9: Appellant was violation of the U.S. Constitution terminated for using his position as during the execution of a search a city employee for personal gain. warrant. After taking the plaintiff's Litigation attorneys presented the deposition, we successfully brought city's case against the employee to a motion for summary judgment an arbitrator, who sustained the that resulted in the outright city's decision to terminate. dismissal of the case and a judgment for the city. Case No. 10: Throughout the year, Plaintiff appealed, but the federal litigation attorneys participate in appeals court affirmed the the city's threat assessment team, judgment. which evaluates threats of violence made against city employees in the Case No. 7: Following one of the work environment. When area's most violent storms, a city necessary, the attorneys obtain tree fell on plaintiff's property, restraining orders against those causing extensive damage. At the individuals who are deemed a outset of litigation, the city agreed threat, typically within 48 hours of to reimburse the cost of removing the complaint. the tree. Because there was no notice that the tree created a dangerous 23 Case No. 11: Plaintiff alleged that Case No. 14: Plaintiff was involved her minor children were injured in a head-on collision with another when police officers used tear gas vehicle on Garden Highway, to force the evacuation of her home. sustaining multiple severe injuries, Litigation attorneys argued that including a serious brain injury. inconsistencies in deposition Plaintiff sued the city, alleging that testimony established that the the road where this accident children were likely not in the occurred was dangerous in its home and that the use of tear gas design. Damage estimates ranged was an appropriate use of force between $7,000,000 and under the circumstances. The city $12,000,000. Prior to trial, prevailed on a motion for summary litigation attorneys persuaded judgment. plaintiff and her attorney to settle the case for $350,000. Case No. 12: Plaintiff argued that he was defamed when his name Case No. 15: Plaintiff was arrested was placed on a press release in downtown Sacramento for following his arrest for sex crimes. standing in the street, noticeably On a motion for summary intoxicated. She sued the city and judgment, the litigation attorney the police officers who arrested her, argued that the publication was alleging constitutional violations entirely privileged, and the court primarily based upon a theory of an agreed, granting the motion. The illegal seizure. Litigation attorneys court also awarded the city more steadfastly denied that the conduct than $20,000 in attorney's fees and of the officers created any liability costs. either for them or for the city, and took the case to trial. The trial Case No. 13: Plaintiff was struck court granted the city's and officers' by an automobile while crossing a motions for non-suit after the heavily travelled street at night. He plaintiff presented her evidence. alleged that the failure to provide street lights and a crosswalk at the Case No. 16: Plaintiff sued the location of his accident created a city alleging that a power pole dangerous condition of public located in a sidewalk forced her to property. After the litigation walk in the street, where she was attorney conducted discovery and struck by a passing car and threatened to file a motion for suffered serious injuries. During summary judgment, the plaintiff plaintiff's deposition, the litigation voluntarily dismissed the case. attorney assigned to the case Plaintiff's alleged damages were in established that the plaintiff had excess of $700,000. actually been walking on the 24 opposite side of the street from the position and waived any future allegedly dangerous condition. claims against the city. Plaintiff ultimately agreed to dismiss her action against the city Case No. 19: Plaintiff alleged that for a waiver of costs. the city was responsible for property damage in excess of Case No. 17: Plaintiff filed an $300,000 when two city trees fell inverse-condemnation lawsuit on his home. Litigation attorneys against the city, alleging that the argued that powerful storm caused city had installed a storm-drainage the trees to fall, rather than some system on his property without his preventable condition of the trees permission or knowledge. During themselves. When the litigation discovery, litigation attorneys attorneys filed a motion for established that a private developer summary judgment, plaintiff had installed a drain line adjacent dismissed the case. to plaintiff's property, and a survey conducted by the city confirmed Case No. 20: Plaintiff was the that the drain line did not encroach subject of a sting operation in into plaintiff's property. Plaintiff which he sold cigarettes to minors. was unable to establish any liability Plaintiff challenged not only the on part of the city and, as a result, administrative penalty but also plaintiff ultimately agreed to the constitutionality of the city's dismiss the city for a waiver of tobacco-retailer ordinance. The costs. superior court upheld the ordinance and administrative Case No. 18: A city employee was hearing procedures, and plaintiff terminated from her position appealed to the Third District because she had engaged in Court of Appeal. The appellate overtime fraud for almost twelve court upheld the city's ordinance years. The employee appealed, and administrative hearing arguing that the overtime was procedures, and its published proper and had been approved by opinion can be used as precedent her supervisors. The litigation in future cases. attorney assigned to this matter spent hundreds of hours obtaining Case No. 21: The city contracted calendars and other documentation with a private security firm for to establish that the time indicated patrols of city parking garages. on her timesheets did not City property was vandalized when accurately reflect her hours worked. the security company lapsed in its When faced with this patrols. Litigation attorneys filed a documentation on cross- complaint against the security examination during arbitration, the employee voluntarily resigned her 25 firm, and shortly thereafter the city entered into a settlement with the Litigation Clients 2008/ 2009/ company, which put $25,000 back 2009 2010 into the budget for off-street parking. City Attorney's Office 6 City Clerk's Office 4 ● Case No. 22: This pro per plaintiff filed five actions in federal court, City Manager 1 each alleging different facts to establish violations of his civil City Treasurer 1 rights. The litigation attorney Code Enforcement 7 8 assigned to the case, by aggressively using law-and-motion proceedings, Community Development 1 3 has obtained judgments for the city in all five cases. Conv., Culture & Leisure 3 2 City Council 1 2 Development Services 1 1 Economic Development 1 Finance 8 2 The litigation section made this city Fire 7 3 construction project possible on General Services 4 2 Meadowview Road by Human Resources 9 14 obtaining rights-of- entry from recalcitrant Labor Relations 24 22 property owners who threatened to delay Neighborhood Services 1 2 city's replacement of a patchwork quilt of Parks and Recreation 6 4 decaying fences with beautiful new block Planning 1 and stone walls. Police 27 22 Revenue 1 SHRA 1 Transportation 23 13 Utilities 13 15 TOTAL 150 116 26 Transactional/Advisory The Transactional/Advisory Section provides counsel and day-to-day strategic support to the City's policymaking function by responding to requests for legal advice from the City Council, the Charter Officers, and the City departments and divisions Attorneys: Angela Casagranda Joseph Cerullo Larry Duran Paul Gale MATTHEW RUYAK Sabina Gilbert Supervising Deputy City Attorney Jeff Heeren Jerry Hicks Sheryl Patterson Joe Robinson Janeth San Pedro Michael Sparks Lan Wang Paralegal: Cindy Head Legal Secretaries: Angela Kolak Dianne Chasteen Colleen Clay Angela Kolak Cleo Morris Desiree Stockton Di Walters Phyllis Zakrajsek 27 Transactional/Advisory Overview Section 72 of the Sacramento City Charter states that the City Attorney "shall serve as legal counsel to the city government and all officers, departments, boards, commissions and agencies thereof and shall have such other powers and duties as may be prescribed by state law and by This innovative city "green street" project ordinance or resolution of the city council." combining streetscaping, drainage and The 13 attorneys of the transactional/ public artwork required a variety of advisory section discharge this mandate transactional/advisory counselors on is- by providing the legal advice, counseling, sues from public works to art in public and support the city needs to meet its places. multifaceted responsibilities to its citizens effectively and efficiently; to fulfill its obligations under federal, state, and local work alongside city staff to laws; to carry out the mission and goals provide timely legal advice on city established by the city council; and to projects; implement the programs of the city assist city staff in responding to manager. For example, the attorneys— requests under the California Public Records Act; respond to requests for legal advice from the mayor, city council, charter conduct forums to educate city officers, and city staff; staff about laws that affect the work they do; and draft city ordinances, resolutions, and regulations; keep the mayor, city council, charter officers, and city staff review and comment on proposed informed of the ever-changing state legislation; legal landscape in which they negotiate, draft, and review contracts, operate. leases, and other transactional documents; All of that work requires an impressive breadth of knowledge and experience. advise on financial matters both Certainly, the city's legal demands straight-forward and complex; require the Transactional/Advisory provide legal representation at the attorneys to be experts in many various legislative and administrative general fields of law, such as contracts, meetings of the city council and city property, statutory interpretation, boards and commissions; labor, and employment. 28 But the city's status as a local- government entity also demands in-depth knowledge of other, more specialized fields such as constitutional law; the Ralph M. Brown Act (open meetings); the California Public Records Act; the California Political Reform Act; the California Environmental Quality Act (CEQA); other environmental laws such as the federal and state endangered species acts and the federal and state laws regulating hazardous waste; public-finance law; land-use law (e.g., general plans, zoning, permits); elections 2030 General Plan and campaign law; water law; Intellectual property law; the laws 2008 Update to the North Natomas concerning taxes, special assessments, Financing Plan and fees; and local codes and Adoption of the city's communication regulations. -users tax Although the staffing in the Funding for an outdoor playground Transactional/Advisory section has been at the Boys & Girls Club remarkably stable over the past three Charter-boat service in Old years, one of the two supervising Sacramento attorneys retired in the middle of fiscal year 2008-2009, leaving the remaining 13 Funding from Sacramento-Yolo attorneys to continue meeting the city's County Mosquito and Vector Control legal-counseling demands. Their District for downtown green-waste consistent productivity, dedication, and containerization professionalism is especially noteworthy because their complex work is critical to City's participation in the Delta- the proper operation of city government, Vision process yet is not readily apparent to the public. Ongoing water-meter-retrofit project (including $20 million ARRA Highlights Stimulus Funding Agreement) Projects: The transactional/advisory attorneys work Automated water-meter reading side-by-side with councilmembers, the Ticket-and-passes distribution policy city manager's office, charter officers, and city department heads and staff on Update to conflict-of-interest code many important projects throughout the Ballot and election issues city, such as: Proposition 1C State Infrastructure Strong Mayor Initiative advice and and Brownfield Grants (Railyards litigation and Township 9) 29 Charter reform and review Tree-removal appeals Issuance of the city's tax-and- Solid-waste scavenging revenue-anticipation notes Check-cashing centers Legislation: Update to title 8 (health and safety) of the Sacramento City Code relating to dangerous buildings and Many of the goals and policies of the housing codes city council are implemented by the enactment of new ordinances or the Curbside recycling collection amendment of existing ordinances. As Design-review requirements for with recent years past, the city council East Sacramento adopted scores of ordinances during fiscal years 2008-2009 and 2009-2010. Maintenance of title 17 (zoning) in The Transactional/Advisory attorneys the Sacramento City Code work on a majority of the city's Newsracks on K Street Mall ordinances. Together with NSNA attorneys, they assist city staff in Campaign finance drafting legislation and, when needed, in Digital billboards working through the entire process of developing effective legislation, including working with stakeholders and other interested parties. Some of the more significant issues addressed by ordinances enacted during fiscal years 2008-2009 and 2009-2010 include the following: The construction of the Crocker Art Creation of the office of the city Museum expansion required extensive auditor legal assistance. Recycling of construction and demolition debris Refunds of parkland-dedication fees Establishing development-impact fees for Measure A transportation improvements for citywide benefit district Rental-housing-inspection program Class of 2011 – recovery of costs City Attorney's Office Summer Law Clerks Temporary program for Katherine Ebert and Emilio Camacho development-fee deferral Katerina Deaver (not pictured) 30 Transactional/Advisory Matters 2008 - 2009 - 2009 2010 Financing: Assessment District 11 1 Financing: Bonds 7 3 Financing: Fees 13 7 Financing: Lease Financing 0 6 Financing: Loans 6 1 Financing: Mello Roos Districts 6 4 Financing: Taxes 1 1 General Advice 301 200 Appeals/Hearings 3 2 Bankruptcy 1 Collections 1 Construction Agreements 2 2 Consultant Agreements 2 Development Related 20 18 Grand Jury Requests/Subpoenas 4 2 Interagency Agreements 6 1 Labor 1 Mediation 1 Opinions (formal written) 19 8 Ordinances 33 30 PRAs 161 162 Professional Services Agreements 3 5 Real Estate Agreements 5 1 Resolutions 3 1 Review/Advise 30 34 Subpoenas 299 297 Project - City Initiated 17 7 Project - Council 3 5 Project - Private 3 6 Project - Public/Private 3 4 Contracts Approved as to Form 1,855 1,631 Staff Report Review 607 695 General Advisory Assignments 1,895 2,502 Grand Totals 5,324 5,638 31 Inside the CAO City of Sacramento 2010 Public Administrator of the Year The Sacramento Chapter of the American Society for Public Administration (ASPA) selected City Attorney Eileen Teichert as the 2010 Public Administrator of the Year. The award is presented to a non-elected professional administrator who has consistently demonstrated excellence in public management over a sustained period of time. Sr. Deputy City Attorney Joe Robinson On July 16, 2010, Senior Deputy City Attorney Joe Robinson celebrated 20 years with the Sacramento City Attorney's Office working in the areas of water law, public works, construction, public utility services, and environmental laws and regulations. Law Day 2010 On Friday, April 30, 2010, the City Attorney's Office held their first annual Law Day, part of a nationwide celebration of the principle of government under the rule of law. Depicted is a display of 1849 and 1921 City Council minutes courtesy of the Center for Sacramento History, reflecting the city's strong governmental law heritage. 32 City Attorney's Office Culture of Gratitude Most Supportive Client Awards Each year the City Attorney's Office selects a special client who exemplifies the qualities attorneys respect and appreciate in a client especially adherence to the rule of law. In December 2008, the award was presented to the Director of Transportation, Jerry Way. City Treasurer Russ Fehr was the recipient of the Most Supportive Client award in December 2009. City Attorney's Office Gives Back City Attorney's Office staff reaches out and gives back to the community through generous donations to food drives and those less fortunate. In 2008, the City Attorney's staff adopted two formerly homeless families, fulfilling all of their holiday wishes with gifts and monetary contributions. The City Attorney's staff adopted and showered with gifts twenty children who had recently moved out of shelters into housing, for the 2009 holidays through the Sacramento Faith and Families Initiative. 33 Photographs of City Attorney's Office staff were taken by Sacramento Police Department photographer Doug Skinner. Office of the City Attorney 915 I Street, Fourth Floor Sacramento, CA 94814 Mailing Address: P.O. Box 1948 Sacramento, CA 95814 (916) 808-5346 Ph (916) 808-7455 Fax 34


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Phoenix falls out of Top 10 U.S. travel destinations
- Connor Radnovich
- Editorial Intern- Phoenix Business Journal
For the first time since 2009, the Phoenix/Scottsdale area is not among the top 10 U.S. destinations in the Fall Travel Trends survey conducted by Travel Leaders Group.
Only 7.7 percent of travel agents, agency owners and managers surveyed included Phoenix/Scottsdale on their top five list of destinations, placing the region in a tie for No. 19 with Miami/Miami Beach. Last year, Phoenix/Scottsdale was included in 11.5 percent of the surveys, ranking the area 10th.
Kathy Gerhardt, spokeswoman for Travel Leaders Group, said she couldn't speculate on the reasons behind the area's drop of 3.8 percentage points this year. The survey asks only for each respondent's top five destinations.
Sandy Lovick, owner of four Travel Leaders agencies in Minnesota, said she was surprised to see Phoenix drop in the rankings, as plenty of people still go to Phoenix from Minnesota for the warm weather. A lot of people from her state, she said, have second homes or condos in the Phoenix area.
In 2009, Phoenix/Scottsdale ranked 11th in the survey, appearing on 10.4 percent of the respondents' lists. In 2010, it rounded out the top 10 with 11.8 percent.
The high point in the past half-decade was 2007, when 16.9 percent of agents included the Phoenix/Scottsdale area, ranking it seventh.
"We might not be sending less people to Phoenix, but maybe just more to other areas," Lovick said.
The annual survey includes nearly 900 travel agents and owners from the Travel Leaders Group. It was conducted from July 30 to Aug. 23. Agents are asked to check their top five most booked destinations, and locations are ranked by the percentage of agents who included them on their surveys.
This year, Las Vegas was No. 1, with 44.7 percent of the agents including it in their top five. Rounding out the top five, in order, are Maui, Hawaii; Orlando, Fla.; New York; and Honolulu.
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Oasis Petroleum's CEO Discusses Q2 2012 Results - Earnings Call Transcript
Oasis Petroleum, Inc. (OAS)
Q2 2012 Earnings Call
August 8, 2012 11:00 am ET
Michael H. Lou – Chief Financial Officer & Executive Vice President
Thomas B. Nusz – Chairman, President & Chief Executive Officer Taylor L. Reid – Chief Operating Officer, Director & Executive Vice President Analysts Irene Hoff – Wunderlich Securities Inc. Brian Lively – Tudor, Pickering, Holt & Co. Dave Kistler – Simmons & Co. International Neal Dingmann – SunTrust Robinson Humphrey Tim Rezvan – Sterne, Agee & Leach, Inc. Eli Kantor – Iberia Capital Partners LLC Michael Hall – Robert W. Baird & Co. Ronald Mills – Johnson Rice & Co. LLC Peter Christopher Mahon – Dougherty & Co. LLC Gail Nicholson – KLR Group Andrew Coleman – Raymond James & Associates PresentationOperator
Previous Statements by OAS
» Oasis Petroleum CEO Discusses Q3 2011 Results - Earnings Call Transcript
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» Oasis Petroleum CEO Discusses Q4 2010 Results - Earnings Call Transcript
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For fighting Internet-based government espionage, traditional malware defenses aren't nearly enough
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Meet 100 women and men who are doing great things in federal IT.
Click here for the full list
President Obama's proposal to boost government coordination with the private sector got a warm welcome in the House Homeland Security Committee.
The spy agency wants to better integrate cybersecurity into its traditional human intelligence operations.
Meet the women and men who are doing great things in federal IT.
The law's certification and approval provisions empower CIOs to end outdated software development projects, says Agilex's Roger Baker.
The new chairman of the House Oversight and Government Reform Committee extends an olive branch to the minority, but keeps subpoena power for himself.
FCW investigated efforts by the departments of Defense and Veterans Affairs to improve a joint data repository on military and veteran suicides. Something as impersonal and mundane as incomplete datasets could be exacerbating a national tragedy.
Despite delays, the program is at a critical point for determining the ultimate impact of cloud technology in the government space.
In an interview with FCW, the Department of Veterans Affairs' chief technology officer talks about overhauling the digital experience for VA customers.
The National Information Exchange Model's usefulness extends far beyond its origins in justice and law enforcement.


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The unique curved, mirrored rim of the Staccato single-bowl sink adds a fresh and elegant look to the kitchen. Crafted of sleek and durable stainless steel, Staccato is a high-performance sink with an engineered sound-absorption system that significantly reduces disposal and dishwashing noise for a quieter kitchen environment.
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Though a small community, there are many options for experiencing arts, theater and other cultural activities while visiting Dunwoody. The Spruill Center for the Arts is the largest community arts education center in the Southeast, and it sits right in the heart of the Dunwoody Village. At the education center, you can take art classes ranging from jewelry, pottery, painting and more. Visit the website to view upcoming classes. The Spruill Gallery is located in an historic farmhouse in Perimeter Center. The gallery has been recognized by "Creative Loafing" as one of the best galleries for emerging artists and its shows are often mentioned in local and regional media. Visit www.spruillgallery.blogspot.com for shows and information.
Located adjacent to the Spruill Center for the Arts is Dunwoody's own professional theater, the Stage Door Players. Founded in 1974, the Stage Door Players produces a season of five shows running from September to August. Visit the website for information.
Two Ravinia Drive, Suite 120
Dunwoody, Georgia 30346
Phone: 877-630-2270
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Robert Flaherty
Michigan-born filmmaker Robert J. Flaherty was the son of a miner/prospector who dragged his son along on his many wealth-seeking expeditions to northernmost America. Thus the young Flaherty was exposed to many different cultures. As an adult, Flaherty offered his services as an explorer, guide and "native" specialist (though he reportedly despised that… More
Michigan-born filmmaker Robert J. Flaherty was the son of a miner/prospector who dragged his son along on his many wealth-seeking expeditions to northernmost America. Thus the young Flaherty was exposed to many different cultures. As an adult, Flaherty offered his services as an explorer, guide and "native" specialist (though he reportedly despised that condescending word and avoided using it). From 1910 through 1916, he handled numerous expeditions into the Canadian wastes and wilderness on behalf of Sir William McKenzie, the builder of the Canadian Northern Railway. Allegedly it was McKenzie who suggested that Flaherty record his explorations on film. While fiddling with his camera out of boredom, Flaherty discovered that the Hudson Bay Eskimos, for whom he acted as interpreter, were natural and willing movie subjects. After several false starts, he produced his first feature-length record of Eskimo life, Nanook of the North, in 1922. His backers were the Revillon brothers, who hoped to use the film to promote their fur business. While he claimed to disdain "showmanship," Flaherty was not above a little fakery in getting the best effect; Nanook's igloo is patently fake, while the famous harpooning sequence was comprised of several different harpooning expeditions filmed over a series of days. Nonetheless, Nanook was an impressive achievement, and though it was not (as has often been claimed) the first feature-length "true life" film ever made, it was the first big box-office success of its genre.
Four years after Nanook, Paramount Pictures commissioned Flaherty to make a similar record of Samoan life. Though unfamiliar with this South Seas culture (his specialty was the Great White North), Flaherty put together 1926's Moana; this was the film for which the word "documentary" was coined by British critic John Grierson. Moana was not a success, suggesting to Hollywood that Nanook had been a fluke. When engaged by MGM to make White Shadows on the South Seas in Tahiti in 1928, Flaherty found himself butting up against the highly organized studio system--and if there was anything Flaherty was not, it was highly organized. Flaherty handled only the documentary sequences, while W. S. Van Dyke was assigned the dramatic scenes; when Flaherty proved too slow for MGM's taste, Van Dyke took over the production completely. Flaherty's next project, the South Seas-based Tabu, was likewise a collaboration, this time with director F. W. Murnau. Again, Flaherty withdrew (the problems this time were monetary rather than artistic), but when released in 1931, Tabu was heralded as a Flaherty-Murnau production.
Working solo on his next project, the Irish-filmed Man of Aran (1934), Flaherty went back to his catch-as-catch-can, "take your time" production technique. He went on to direct exteriors for Alexander Korda's Elephant Boy (1937), and produced and directed two subsequent "sponsored" documentaries: The Land (1942) for the Department of Agriculture, and Louisiana Story (1948) for Standard Oil. After Flaherty's death in 1951, his wife Frances (daughter of Michigan geologist Dr. Lucien Hubbard) was the flamekeeper for her husband's memory, organizing reissues of his work for college seminars and lecture tours. One of the first presentations of the National Educational Television service (the forerunner of PBS) was a 13-week retrospective, Flaherty and Film.
Hall Pass (2011)
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- Actor
Louisiana Story (1948)
- Director, Screenwriter
- 79%
Tabu: A Story of the South Seas (1931)
- Director, Producer, Screenwriter
- 91%
Nanook of the North (1922)
- Screenwriter, Director
- 100%
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Join us on Easter - Sunday, April 20 - for our delicious buffet brunch.
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In headline news today, the good folks over at MSNBC are reporting that Eva Longoria Parker and Teri Hatcher will share a kiss on an upcoming episode of Desperate Housewives. While ABC honchos aren't categorically confirming the news yet, a studio source tells "The Scoop" that "anything is kind of possible right now...I don't think a kiss between Eva and Teri's characters could be ruled
out, especially if it keeps people interested in the show."
Lightning Strikes Twice


text: 240 Keegan Rock Court #73, Status: Off Market MLS#: 308494 Contact Email this listing Share on Pinterest Share on Google+ Share on Facebook Share on Twitter Calculate Mortgage Print Flyer Get Directions Request a Showing Off Market 240 Keegan Rock Court, Lexington, SC 29073 is no longer on the market or has been removed from the MLS. Similar to 240 Keegan Rock Court: Ask an Agent About 240 Keegan Rock Court * Required fields Send Your Question × Monthly Payment Estimator Price: Down Payment: % Loan Amount: Loan Type: 30 Year Fixed 15 Year Fixed 5/1 ARM Interest Rate: % Est. Tax & Insurance: % ($/mo.) × Email a Listing 240 Keegan Rock Court, Lexington SC, 29073 From: Name: Email: To: Name: Email: Subject: Message: Take a look at this property I found on ExitREC.com: http://www.exitrec.com/homes/240-Keegan-Rock-Court/Lexington/SC/29073/21353909/ Send a copy of this message to me Send Email


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Thread: Do you like the name Selene?
June 20th, 2013 12:25 AM #1Junior Member
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Do you like the name Selene?
Do you like the name Selene?
Here are some thoughts I have:
-I like it best pronounced seh-leen (although the traditional Greek pronunciation would be seh-lee-nee)
-I don't like variations Celine or Selena
-I like the meaning of moonlight
-It combines the names of two grandparents (Samantha and Adeline), which I love
Concerns I have:
-Associations with Celine Dion and misspelling it as Celine
-Association with Selene from Underworld
-Sounds "made-up" or trashy?
-Sounds like "Saline" according to some nameberry posters
Please address any of these thoughts? Thank you so much!
June 20th, 2013 01:59 AM #3Senior Member
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- Jun 2012
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- Pacific Northwest
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June 20th, 2013 02:55 AM #5Senior Member
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- Jun 2013
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Current Favorites:
Girls: Ruby, June,Penelope, Pepper, Matilda, Chloe, Arya, Aurelia, Cricket, Myfawnwy
Boys: Jack, Phillip, Patrick, Sebastian, Bennett, Copper
If I had a child tomorrow I'd name it:
Ruby June or Sebastian Patrick
June 20th, 2013 05:36 AM #7Senior Member
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- Jun 2013
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- 121
I would think the Greek pn would be 'SEH-leh-nee', rather than Seh-lee-nee?
I like it as SEH-leh-nee (in the same vein as Merope, Antigone, Persephone etc) but not really as Se-leen, if I'm honest. Although I agree that pronunciation is more likely to be easy for people said like Celine.
If it helps, I wouldn't really think Celine Dion with Selene I don't think.
June 20th, 2013 07:38 AM #9
I do! Prefer the spelling Celine.
Girls: Prairie, Lillian, Samantha, Winter, Zoe, Phoebe, Sage, Leah, Caroline, Alice, Robin, Kelly, Gracie, Dakota, Tessa, Rose, Lyric, Maple, Heidi
Boys: Jacob, Craig, Timothy, Anthony, William, Noah, Michael, John, Alexander, Daniel, Matthew, Nathaniel, David, Benjamin,


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Rural Determination Hearing Transcripts
Federal Subsistence Board is holding hearings in key locations throughout the State to provide opportunities for the public to learn more about the rural determination process and provide testimony.
Transcripts from the 2015 Rural Determination Process Public Meeting will be loaded as they are received upon completion of the meetings. Please check back regularly.
Kodiak 10-Feb-2015
Nome 18-Feb-2015
Kodiak 10-Feb-2015
Nome 18-Feb-2015


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Notable 52-Week Highs and Lows of the Day 06/12: (ARNA) (DPS) (SKX) High; (GMCR) (AKS) (JNPR) Low
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This report is an intraday check of some of the more notable stocks that have hit a 52-week high or low so far today.
52-Week High:
52-Week High:
- Arena Pharmaceuticals (Nasdaq: ARNA) high of $7.75. Arena investors keep buying in ahead of the June 27th, FDA meeting for lorcaserin, Arena's proposed weight-loss drug. Shares are up 21 percent following a positive FDA advisory panel vote made on May 10th.
- Dr Pepper Snapple Group, Inc. (NYSE: DPS) high of $43.76. Dr Pepper Snapple getting s boost from Wells Fargo today, as the firm upgraded the stock from Market Perform to Outperform, while lifting its valuation range from $36 to $38 up to $45 to $47. For more on the call, click here.
Shares moved 3.1 percent to the new high today.
- Skechers USA Inc. (NYSE: SKX) high of $20.60. Sketchers continuing from Monday, when Sterne Agee upgraded the stock from Neutral to Buy.
The stock might loosely be seeing some upside following strong Michael Kors (NYSE: KORS) fourth-quarter 2012 numbers, issued earlier. The beat is bringing positive sentiment to the retail sector.
- Juniper Networks, Inc. (NYSE: JNPR) low of $16.33. After the market closed Monday, Juniper authorized a new $1 billion common stock repurchase plan. The buyback was added to one approved in 2010, which has $162.2 million remaining.
Though shares are positive in the afternoon, initial weakness drove the stock to 52-week lows.
- AK Steel Holding Corp. (NYSE: AKS) low of $4.59. AK Steel continued in negative territory Tuesday following a downgrade by Goldman Sachs and Dahlman Rose on Monday. Both firms cited lagging global demand on their respective calls.
Chinese steel giant Baoshan Steel also was said to be cutting prices as demand from auto and appliance manufacturers just isn't there.
- Green Mountain Coffee Roasters Inc. (Nasdaq: GMCR) low of $20.72. Green Mountain investors nervous following news Monday that grocer Kroger (NYSE: KR) may be looking to make its own branded K-Cup coffee packs. It wasn't clear whether Kroger and Green Mountain were going to team up on the effort or not.
Shares are down 10.4 percent the last two sessions.
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Mdtry 16 3/8x3.36 chy
Sunbeam: GS405927
This part may fit other models. Please contact us if you require additional assistance.
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text: Whittier College Tuition Payment Agreement Student Name___________________________________________________ WC I.D. No._____________ Last First M.I. _____________________________________________________ ______________________ Street Address Area Code Phone No. _____________________________________________________ ______________________ City State Zip Code E-Mail Address A. Tuition and Fees ( WC Schedule of Charges 2006-2007 ) Fall 2006 Spring 2007 Tuition 13,953.00 13,953.00 Student Body Fee 100.00 100.00 Student Health Insurance ( Must submit a WC Student 550.00 550.00 Accident & Health Insurance Program Form by 8/7/06 ) Health Services Fee 50.00 50.00 Lab/Course Fee(s) Orientation Fee (New student only) 200.00 Meal Plan *( Default to a 15 Meal Plan (if living on Campus ) 1,819.00 1,819.00 Residence Halls *( Based on Double Occupancy ) 2,286.00 2,286.00 Residence Hall Assessment Fee 100.00 Total Tuition and Fees * Enter appropriate charges from 2006-07 WC Schedule of Charges, if selecting a different room occupancy or meal plan B. Financial Aid ( Refer to 2006-07 Financial Award Letter ) Fall 2006 Spring 2007 Whittier Grants, Scholarships and Endowment Awards Federal Pell, Cal Grants & Federal SEOG Federal Perkins , Whittier College Loan(s) Federal Subsidized or Unsubsidized Stafford Loan(s) ( minus 3% origination fee ) Federal Plus Loan / (minus 3% fee) Alternative Loan (minus 3% fee) Outside Scholarships Other: (Tuition Remission / Tuition Exchange Program) Total Financial Aid Awards C. Tuition Pay Plan Contract Amount D. Amount Due = (A.) Total Charges and Fees minus (B.) Total Financial Aid minus (C.)Tuition Pay Payment due dates Fall 2006 due: 8/7/2006 Spring 2007: due 1/8/2007 The Tuition Payment Agreement is a part of the contract between the Student, Parent and Whittier College. Every Student is required to complete, sign and return this form to the Whittier College Business Office along with payment as a condition to being allowed to register for and attend classes at Whittier College. Under this agreement, it is the primary responsibility of the Student to pay all tuition, room, board and other fees due to Whittier College. By signing below, the Parent agrees to be a guarantor of all tuition room, board and other fees due to Whittier College. Satisfactory arrangements for the payment of the total charges for each semester's tuition, room, board and other fees (less financial aid, if any) must be made prior to clearance for registration and attendance of classes by the Whittier College Business Office. Satisfactory arrangements are: (1) Contractual arrangements with The Tuition Pay Plan (2) Payment in form of Check, Cash or Wire Transfer (3) One Time Credit Card Payment via the Sallie Mae Link at www.whittier.edu All payments are due prior to the payment due date. In addition, all past due charges from the previous semester must be paid prior to registering and attending classes in the next semester, obtaining transcripts and/or participating in commencement. By signing the Tuition Payment Agreement, the Student and Parent agree to pay reasonable collection costs, including reasonable attorney fees and collection agency fees incurred to collect any delinquent accounts. In the event of withdrawal from Whittier College, refunds will be made in accordance with policy stated on the Official Whittier College Website. With the exception of the applicable semester net balance of The Tuition Pay Plan contract, the College will assess a finance charge on any other outstanding balance at the annual rate of 12 %. ________________________________________ _____________________ _________________ Student's Signature Social Security Number Date __________________________________ ___________________ _________________ Parent's Signature Social Security Number Date _________________________________________________________ _________________ Parent's Address City State Zip Code (Area Code) Phone No. White, Yellow Copies - Please return to Whittier College Business Office Pink Copy - Student Whittier College Tuition Payment Agreement 6/12/2006


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App.net Celebrates 1st Anniversary With $2.5M In Funding
App.net turned a year old yesterday and marked the occasion by announcing $2.5 million in new funding, while also sharing several other updates on its growth and plans for the future.
Founder Dalton Caldwell revealed that the funding has come from the services existing investors, and says App.net raised the money because "we want our developer and member community to be confident that App.net is on strong financial ground and here to stay."
That community is small, and is no threat to the likes of Twitter or Facebook, but that doesn't seem to be the point. App.net has purposely gone out of its way to do things differently than mainstream social networks. For starters, it launched as a paid membership service (and has since added a limited free service tier, too). App.net is also ad-free, and pays developers based on how much App.net users use and enjoy their apps.
One of the updates Caldwell shared yesterday is that the service is paying developers $30,000 per month, and has paid out more than $220,000 total since the Developer Incentive Program launched late last year.
In its first year, App.net has moved beyond being a social network in the way we think of Twitter, Facebook, LinkedIn and others. It offers APIs related to file storage, search, messaging and location, and developers are building standalone apps off of App.net's platform.
SMX West kicks off next week! Join your peers at Search Engine Land's SMX West conference for three days of tactical sessions, keynotes and clinics on paid search, SEO, mobile search and more. All Access and free Expo+ passes available. Register today!
(Some images used under license from Shutterstock.com.)
Kick off each Monday with the best news and ideas in social media.


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The Apple TV 2, Apple TV 3, iPad 2-4, iPhone 4-5, and some iPod touches have all shared one thing in common over the past few years and that one thing is AirPlay. Well, as of this year Apple has decided to updated its latest Mac OS X, Mountain Lion build, with support for the mirroring functionality as well. There is no arguing that AirPlay is one of the strongest growing features in Apple's multimedia arsenal. For those of us who have the distinct pleasure of utilizing AirPlay to the fullest, we know that it is something everyone needs in their lives. That said, there is a large segment of the globe that is unable to take advantage of these features.
Apple TV 2
Mac version of AirParrot, a fantastic little app that enables your Macs or Windows machines to AirPlay its screen to Apple TV, has been recently updated to version 1.5 that brings lots of performance enhancements, few bug fixes and improved compatibility with Apple TV's latest firmware. Windows version of AirParrot will also be updated soon.
Making my Apple TV sexy is one thing I am passionate about. Whether you are want to change the background, adjust the location of your menu options, or even change the complete look and feel of your operating system, XBMC allows you to do it all! If you are a regular visitor to our site, you know that we are fans of XBMC and what it can do for you, and your Apple TV. Of all the benefits it offers, my favorite has to be the fact that XBMC offers skins. These skins are free to download, free to install, and free to design.
With the introduction of iPad 2 and Apple A5 processor in March 2011 Apple TV fans got an amazing new feature called AirPlay Mirroring. A5 was powerful enough not only to send a separate picture or video to an HDTV via Apple TV (AirPlay), but also to wirelessly display everything what's on the iPad 2 screen right on the HDTV, allowing to stream apps and play games on the big screen TV (AirPlay Mirroring). Since then, all the iDevices that got A5 chip or one of its more powerful brothers (A5X, A6) supported AirPlay Mirroring. Yesterday, A5-powered iPad mini and A6X-powered 4th gen. iPad joined the family of devices that support one of the iOS coolest features.
Here is a complete list of iOS devices that support AirPlay Mirroring:
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