Hi Mark,
I would hope the plan sheets, that clearly define where the stormwater sources are coming from, is evidence enough. However, that is probably not the case. Let me know when a good time would be to chat.
Thanks,
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
"From: Mark Strandberg [mailto:MStrandberg@ringbenderlaw.com]
Sent: Wednesday, February 18, 2015 4:39 PM
To: dhuff@cityofmolalla.com; jcline@cityofmolalla.com
Cc: J.W. Ring; Phillip Bender
Subject: CONFIDENTIAL - Conference call with Plaintiffs' attorneys
Dan & Jen:
Phil and I had a conference call with Karl Anuta and Maura Fahey to answer their questions about our counterproposal. Karl’s primary concern was regarding the language we had struck expanding the documents to be posted on the website, which they intended to address Plaintiffs’ excessive use of Public Records requests. We explained that the proposal as drafted represented what the City could manage to regularly and timely put on the website, and that we don’t think that even full disclosure would prevent Susan Hansen from issuing public records act requests. Plaintiffs also wanted to see something more concrete for the period following the first two years of the decree. We explained that the City is already agreeing to concrete steps, and that the current language is sufficiently protective.
Finally, they asked for us to provide documentation of our investigation of stormwater sources. Jen – Phil and/or I will be contacting you to discuss what we should produce.
Regarding the dollar issues, they were not satisfied with our opening offer on attorneys’ fees, but provided no counterproposal. They also objected to our repeated deletion of the stipulated penalty/payment provision, but we again explained that we don’t feel that stipulated penalties are appropriate in this case.
Maura told us that she would be out of the office most of next week, so we should expect a counterproposal first week of March.
Please let us know if you have any questions.
Best,
Mark
Mark P. Strandberg
621 SW Morrison, Suite 600
Portland, Oregon 97205
(503) 964-6725 office direct
(503) 964-6730 office main
(773) 606-9467 mobile
__________________________________________________________________________________________
This transmission is intended for the sole use of the individual or entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify this firm immediately by telephone at (503) 964-6730, or reply to this transmission. Thank you.