City Council Minutes - 11/15/2005 AGENDA ITEM NO.
FOR AGENDA OF Ic?. /3.0,5
CITY OF TIGARD
OREGON
TFgard City Council Meeting Minutes
Date: November 15, 2005
Time: 5:03 p.m.
Place: Tigard City Hall, 13125 SW Hall Boulevard
Tigard, Oregon
Attending: Mayor Craig Dirksen Presiding
Councilor Sally Harding
Councilor Sydney Sherwood
Councilor Nick Wilson
Councilor Tont Woodruff
Absent: --
Agenda Item Discussion a Comments Action Items (follow up)
Special Buyer Barrett reviewed process with the City Council and staff will
Meeting Council, including evaluation criteria and how complete evaluation
General Legal the interviews will be conducted. forms. Further discussion
Counsel wiII take place in
Candidates Council and several Executive Staff members Executive Session on
interviewed representatives of the following November 22, 2005,
firms that submitted proposals to provide the (ORS 192.660 (2)(a))
City of Tigard with general legal services.
Presentation materials were presented to the
City Council and staff prior to the meeting.
c Ramis, Crew, Corrigan LLP
Presenters were: Tim Ramis, Chuck
Corrigan and Gary Firestone.
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Mr. Ramis overviewed the philosophy for
service to a municipality and types of
services provided by his firm. He noted
how the partners and staff in the firm keep
each other informed about projects and
case updates. He said he knows it is clear
that the lawyers are not the policy makers;
rather, their objective is to give legal advice
and identify options and risk so a rational
Tigard City Council Meeting Minutes
November 15,2005—Page 1
Agenda Item Discussion 8z Comments Action Items (follow up)
Special decision can be made.
Meeting
General Legal Mr. Ramis advised of efforts by the firm to
Counsel promote cost containment, which include
Candidates having City staff do first drafts of
Continued documents and then submit for a review by
one of the attorneys. He noted that over
the past ten years the trend has been to
reduce the number of hours of legal services
provided.
Mr. Ramis said that he views legal services
as a capital investment and referred to
building a legal infrastructure with a
systemic approach rather than dealing with
issues on a case-by-case basis.
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Mr. Rarnis responded to questions by the
interview panel; highlights of his responses
follow:
• Expectations for turn around are
established at the initial contact.
The legal question is turned over to the
lawyer who has the expertise for the
issue under review.
• Members of his firm meet weekly to
determine assignment status, whether
more follow up is needed, or if this is a
deeper issue.
• Efforts are made to have legal staff
available or to have coverage to provide
service.
• Attorneys meet quarterly with the City
Manager to determine if needs are
being met.
• Preventive initiatives exercised early to
avoid litigation.
• Address issues early: prepare good
findings (land use), raise a caution flag
for procedural practices if needed,
assess and advise on risk, track changes
Tigard City Council Meeting Minutes
November I5,2005—Page 2
Agenda Item Discussion 8z Comments Action Items (follow up)
Special in the Code to respond to challenges,
Meeting keep the Code up to date.
General Legal • Noted successes in litigation: Rogers
Counsel Machinery, Martin case, and Media
Candidates Arts.
Continued . If Ramis' firm is selected as the City's
legal counsel, the firm will undertake a
legal audit of the Tigard Code, at their
expense, to determine what changes
should be implemented.
• Legal staff also would train City staff on
issues of concern.
Discussed review of case law and new
legislation to keep current.
Suggested codifying additional
procedures; i.e., elections.
Annexation process in 2004 did not go
well. Mr. Ramis said he what he
learned from this was to be more
proactive in communications with the
other lawyer and, while this had been
reviewed by many lawyers, they should
have looked at the statute one more
time.
Costs will continue to increase; cost
containment efforts will include
efficiency and charge a competitive
rate.
• Noted that his firm has seldom lost cases
on procedural grounds; rather, they
have often won cases because
procedures were followed.
Referred to alternative forms of
resolution of issues, including mediation.
o Schulte, Anderson, Downes, Aronson st
Bittner P.C.
Presenters were Robert Schulhof and Lee
Aronson
Mr. Aronson reviewed his background;
Tigard City Council Meeting Minutes
November 15,2005—Page 3
j Agenda Item Discussion 8z Comments Action Items (follow up)
Special municipal experience related to
Meeting insurance issues.
General Legal Mr. Schulhof's background included US
Counsel Navy Judge Advocate General (JAG)
Candidates Corps and public service as a Deputy
Continued District Attorney. He currently
represents clients in product liability
litigation, construction defect defense,
and real estate matters. While serving
in the JAG Corps, he performed many
of the same functions as that of a city
attorney while working as the Senior
Attorney for Naval Station Pearl Harbor
Hawaii.
• Mr. Schulhof would be the primary
attorney for day-to-day account
management.
• Reviewed the expertise of the lawyers
on staff including real property, tort,
and corporate/commercial litigation.
Firm is small which means they can
"shift people around quickly."
Described their approach to providing
service for long-term and short-term
legal questions/review.
• Risk management would be
accomplished by knowing what's going
on in City government and developing a
relationship with their client.
The attorney is not the "no" man; his
mission is to talk about what can be
done at the outset.
• Stressed importance of basic
relationships, communication, and being
proactive.
• They would be comfortable working
with outside counsel.
They would work with the City to
determine how the City wants to work
with them; how to coordinate on an
issue.
• Stressed flexibility; noting they can deal
Tigard City Council Meeting Minutes
November 15,2005—Page 4
Agenda Item Discussion 8r Comments Action Items (follow up)
j Special with a variety of issues.
Meeting They like what they do and value the
General Legal client relationship; they like a challenge;
Counsel responsibility would be shared within
Candidates the firm.
Continued • They do not serve as attorneys for any
other Oregon cities.
• They have not worked for any local
government or special districts except in
a litigation context.
• They would need to get up to speed on
non-litigation issues "on our [their]
dime."
• If awarded the contact, they would need
to work the next two months to "gear
up" by meeting with staff. They would
need to become familiar with land use
issues.
• They have been monitoring Measure 37
issues.
They do not foresee seeking outside
counsel. The City would utilize other
j firms for labor matters and bond
counsel.
• Discussed how litigation can be avoided
through negotiation. Most of their
cases (90 percent) are resolved before
litigation. Litigation is a poor way
resolve problems.
Reviewed their experience relating to
insurance and municipalities.
o Harrang, Long, Gary, Rudnick, P.C.
Present: Jillian Bruce. (Note: a second
presenter from this firm planned to attend
from their Eugene office, but canceled due
to vehicle problems encountered on the
way to this Meeting.)
• Firm has been in existence for 50 years.
• Firm has a strong public law presence
Tigard City Council Meeting Minutes
November 15,2005—Page 5
i
Agenda Item Discussion U Comments Action Items (follow up)
Special with 41 lawyers working on public
Meeting matters.
General Legal Offices are located in Portland, Eugene
Counsel and Salem.
Candidates Clients include other municipalities as
Continued well as private clients. The firm will not
take on a client that would represent a
conflict.
• There is also an employment and labor
group in the firm.
• Described how they would respond to
things that happen quickly including
"Council-day dilemmas."
• They put the right person on a problem
and they will be responsible, available,
and have the needed expertise.
• Will follow the City Council's tone
regarding how they want to interact
with the community. They are aware of
political pressures.
• They will keep the "big picture" in
mind.
• Reviewed public clients: Housing
Authority, Bend, and Salem.
• She would be immediately available to
the City and referred to experience with
development and urban renewal.
• The challenges for her firm would
include water law and bond counsel and
she said she did not see her firm getting
into these areas.
• Described how her firm conducted their
business through a team approach and
physical presence.
• To famillarize themselves with the City
of Tigard, the firm would develop
relationships with staff. They would
review the City's budget and Council
goals. They would meet with
department heads to determine what
the issues are.
• They are used to working with outside
Tigard City Council Meeting Minutes
November 15,2005—Page 6
Agenda Item Discussion 8z Comments Action Items (follow up)
Special Counsel.
Meeting • They would work in an efficient, flexible
General Legal manner.
Counsel • They would update project lists weekly.
Candidates • Reviewed procedures to help the City
Continued manage legal costs: develop templates
for contracts, make suggestions to staff,
and make sure they know what is being
asked: Is it a request for a full legal
analysis or a simple review? They have
staff within their firm to do research at
a lower rate.
She reviewed her service as co-counsel
for the City of Hillsboro.
Adjournment 6:55 p.m. Motion by Councilor
Sherwood, seconded by
Councilor Woodruff, to
adjourn the meeting.
The motion was approved
by a unanimous vote of
Council present.
Mayor Dirksen Yes
Councilor Harding Yes
Councilor Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
CCDA Following the Legal Counsel interviews, the
Meeting City Center Development Agency meeting was
Status of the called to order at 7:07 p.m. (Separate
Urban minutes for the CCDA meeting were
Renewal Plan prepared.)
Tigard City Council Meeting Minutes
November 15,2005—Page 7
Agenda Item Discussion 8t Comments Action Items (follow up)
Workshop 1.1 Mayor Dirksen called the City Council and
Meeting the Local Contract Review Board to Order
at 7:20 p.m.
1.2 Council Present: Mayor Dirksen, Councilors
Harding, Sherwood, Wilson, and Woodruff.
1.3 Pledge of Allegiance
1.4 Council Communications 8t Liaison
Reports: None
1.5 Call to Council and Staff for Non-Agenda
Items: None
2. Update on This item was not discussed. Continued to December
Potential 13, 2005
Financial-Related (City Recorder's note:
Ballot Measures After a staff review of
— Other
Jurisdictions tentative Council meeting
agendas,this item is now
scheduled for the Study
Session on December 20,
2005.)
3. Update — Risk Manager Mills and Agent of Record Cutter
Insurance reviewed current insurance coverage and
Coverage and ongoing market negotiations. The City
Marketing currently participates in the City/County
Insurance Services program.
4. Discussion Police Chief Dickinson presented information After discussion City
— Police on accreditation. The Police Department Council consensus was for
Accreditation enjoys the status of being professionally the Police Chief to poll
accredited; however, some cities are now the police staff to
questioning the benefit when considering the determine if they support
costs of maintaining accreditation. accreditation. The City
Accreditation must be reviewed and renewed Council would also like to
on a three-year basis. The Police Department hear from the staff why
is in favor of accreditation, but understands they would support
fiscal realities for costs/benefits. accreditation.
Tigard City Council Meeting Minutes
November 15,2005—Page 8
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Agenda Item Discussion U Comments Action Items (follow up)
4. Discussion
— Police Police Chief reviewed state and national
Accreditation accreditation programs. He also presented
Continued information on a service provided by Lexipol.
S. Discussion Assistant to the City Manager Newton and Determine if time is
— Branding/ Consultant Marcusen reviewed refined logo available on the City
Logo Design option designs based on previous City Council Council Agenda for
feedback. * Council members further narrowed December 13, 2005, to
their design preferences. Consultant Marcusen continue the discussion on
will return with visual examples showing how the logo design.
the final designs appear when applied to signs,
stationery, city vehicles, etc.
6. Executive The Tigard City Council went into Executive Direction was given to
Session Session at 8:57 p.m. to discuss real property staff regarding real
transactions and to discuss current or potential property negotiations.
litigation.
Executive Session concluded at 10:00 p.m.
and Mayor Dirksen reconvened the City
Council in open session.
Council Council considered the request to create a mid- The request was declined
consideration year position in the Police Department for a by a Council consensus.
of new new program assistant.
staffing
position.
Adjournment 10:03 p.m.
Catherine WHeatley, City Kecorder6
Attest:
ayor, ity of Tigard
Date: lcP• /3 -0
1Aadm%calhy ccm 0 5 051115,oc
Tigard City Council Meeting Minutes
November 15,2005—Page 9