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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. i 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. I 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 I i i 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