HomeMy WebLinkAboutDeclaration of Attorney Wilson-McNerney in support of Motion in Limine1
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DECLARATION OF JULIE WILSON-MCNERNEY IN SUPPORT OF THE HOME DEPOT’S
MOTION IN LIMINE - 1
SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101-4010 Telephone: 206-622-1711
PDX\103058\270011\JWMN\37397246.4
BEFORE THE CITY OF RENTON HEARING EXAMINER
IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON
RE: The Home Depot, Appellant
Deferral of Street Improvements:
Outlot 1
(S. Grady Way & Talbot Rd. S.)
AND
Outlot 2
(Talbot Rd. S.)
(LUA21-000452; C22003168)
NO. DEF 23001823 (OUTLOT 1)
AND
NO. DEF 23001824 (OUTLOT 2)
DECLARATION OF JULIE
WILSON-MCNERNEY IN
SUPPORT OF THE HOME
DEPOT’S
MOTION IN LIMINE
I, Julie Wilson-McNerney, under penalty of perjury and the laws of the State of
Washington that the following is true and correct to the best of my knowledge and
belief.
1. I am over eighteen years of age and competent to attest to the following facts.
2. I am an attorney at Schwabe, Williamson & Wyatt and counsel of record for
The Home Depot.
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DECLARATION OF JULIE WILSON-MCNERNEY IN SUPPORT OF THE HOME DEPOT’S
MOTION IN LIMINE - 2
SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101-4010 Telephone: 206-622-1711
PDX\103058\270011\JWMN\37397246.4
3. I make this declaration concerning facts and events of my own personal
knowledge.
4. On August 31, 2023, I notified the Examiner that Home Depot had submitted its
modification request to the City that day. See Exhibit A attached.
5. Attached as Exhibit B is a true and correct copy of the communications my
office has had with the City related to our Public Records Request No.
C000414-072023, which my office submitted to the City of Renton on July 20,
2023.
6. Attached as Exhibit C is a true and correct copy of the City of Renton’s August
14, 2023 correspondence regarding the first installment of records provided in
response to Home Depot’s July 20, 2023 public records request.
Dated this 8th day of September 2023.
Schwabe, Williamson & Wyatt
By: _/s/ Julie Wilson-McNerney_________
Julie Wilson-McNerney, WSBA No. 46585
1420 5th Avenue, Suite 3400
Seattle, WA 98101
Telephone: (206) 407-1516
Facsimile: (206) 292-0460
Emails:
mcalvert@schwabe.com
jwmcnerney@schwabe.com
For the Applicant/Appellant The Home
Depot
1
McKee, Lisa D.
From:Wilson-McNerney, Julie
Sent:Thursday, August 31, 2023 1:23 PM
To:olbrechtslaw@gmail.com; CMoya@rentonwa.gov
Cc:PKent@rentonwa.gov; Calvert, Maren L.; Katzaroff, Kenneth
Subject:PR22-000065 - Home Depot Utility Undergrounding Filing [IWOV-pdx.FID4777904]
Attachments:Confirmation of Utility Undergrounding Filing.pdf
Mr. Examiner:
Attached please find confirmation that, in accordance with Condition 34 of the Hearing Examiner’s August 9, 2022
Decision, The Home Depot has filed its position statement regarding the application of the exemptions in RMC 4‐6‐090.D
to Home Depot’s project at 901 S. Grady Way. As directed, we submitted our statement today in the form of a
modification request.
We are happy to provide copies of our filing, if that would be helpful.
Sincerely,
Julie Wilson‐McNerney
Julie Wilson-McNerney
Of Counsel
Pronouns: she, her, hers
D: (206) 407-1516
jwilson-mcnerney@schwabe.com
EXHIBIT "A"
Page 1 of 1
C000414-072023 - Public Records Request
Message History (8)
Page 1
EXHIBIT "B"
Page 1 of 7
On 8/22/2023 3:33:02 PM, Lisa McKee wrote:
TO: "City of Renton - Public Records"[rentonwa@mycusthelp.net]
CC: "Calvert, Maren L."[MCalvert@schwabe.com], "Katzaroff, Kenneth"[KKatzaroff@SCHWABE.com],
"Ordon-Bakalian, Keenan"[KOrdon-Bakalian@schwabe.com]
Hello,
Will you please confirm the links embedded in the first link at the top of page two of your letter, is accurate?
The link at ‘Public Records Request – C000414-072023’
has seven subfolders.
See attached snip of the 7 embedded links. Numbers 5, 6 and 7 are not working, or at least leading to a blank
file, with no documents.
Please advise.
Additionally, when can we expect the next installment of responsive documents, emails, correspondence, etc
for our Public Records Request C000414-072023, submitted
July 20, 2023?
Thank you in advance for your attention to this matter.
Lisa McKee
Paralegal/Legal Assistant to Maren Calvert,
Patrick Mullaney, and Julie Wilson-McNerney
(360)905-1105
lmckee@schwabe.com
From: City of Renton - Public Records
Sent: Monday, August 14, 2023 12:42 PM
To: McKee, Lisa D.
Subject: Public Records Request :: C000414-072023
Page 2
EXHIBIT "B"
Page 2 of 7
Attachments:
C414_-_Schwabe__Williamson___Wyatt_-_Installment_1_Letter-_8-14-2023.pdf
On 8/14/2023 12:42:07 PM, City of Renton - Public Records wrote:
Subject: Public Records Request :: C000414-072023
Body:
RE: PUBLIC RECORDS REQUEST of July 20, 2023, Reference # C000414-072023
Schwabe, Williamson & Wyatt
Paralegal/Legal Assistant Lisa McKee
700 Washington Street
Vancouver, WA 98660
Please see the attached Installment #1 letter (PDF). Thank you.
On 8/14/2023 12:31:38 PM, City of Renton - Public Records wrote:
Subject: Public Records Request :: C000414-072023
Body:
RE: PUBLIC RECORDS REQUEST of July 20, 2023, Reference # C000414-072023
Schwabe, Williamson & Wyatt
Paralegal/Legal Assistant Lisa McKee
700 Washington Street
Vancouver, WA 98660
Please see the attached Installment #1 letter (PDF). Thank you.
On 8/10/2023 10:05:38 AM, Lisa McKee wrote:
Hello,
I noticed a missing digit in the Deferral Decision numbers. To ensure no confusion I wanted to send a quick
message to confirm our public records requests are related to:
Deferral Decision Nos.:
DEF23001823
DEF23001824
Thank you
Lisa McKee
lmckee@schwabe.com
On 7/26/2023 12:31:07 PM, City of Renton - Public Records wrote:
Page 3
EXHIBIT "B"
Page 3 of 7
Subject: Public Records Request :: C000414-072023
Body:
RE: PUBLIC RECORDS REQUEST of July 20, 2023, Reference # C000414-072023
Schwabe, Williamson & Wyatt
Paralegal/Legal Assistant Lisa McKee
700 Washington Street
Vancouver, WA 98660
The City received a public records request from you on July 20, 2023, via the City's online Public Records
Request portal. Your request was automatically numbered #C000414-072023.
You requested the following:
Type of Record: Other/Unknown - (Provide description below)
Address or Location: 901 S Grady Way, Renton, WA 98057
Time frame: [See text below]
Record(s) Requested: "Public Records Request for the below info, related to Land Use File Numbers:
LUA21-000452, SA-H, ECF, MOD, and Deferral Decision Nos:
1. C22004541/DEF23001823
2. C22004541/DEF2300184
The following is our formal Public Records Request:
All records, including but not limited to emails, voicemails, plans, proposals, etc., dated 8/1/2021 to the
present:
1. Related to contemplated, potential, or required street lightning and street improvements to be
performed by anyone, on the east side of Talbot Road South, between S. Grady Way and the I-405 off-
ramp/S Renton Village Pl;
2. Between the City and KC Metro regarding The Home Depot site plan that is described, discussed, or
approved in PRE 21-000313, LUA 21-000452, or PR22-000065;
3. Regarding the temporary construction easement requested by KC Metro across The Home Depot
property located at 901 S. Grady Way, Renton, WA 98057; and
4. Regarding any lot line adjustments requested by The Home Depot related to The Home Depot
property located at 901 S. Grady Way, Renton, WA 98057."
City staff are in the process of locating, reviewing and processing records that may be responsive to your
request. This request will be fulfilled via the installment process. Pursuant to RCW 42.56.520, the City
requires additional time to process your request. The City anticipates an installment of records and a
response to your request by 5:00 p.m. on August 17, 2023. If the records become available sooner, you will
be contacted. Thank you.
Sincerely,
Page 4
EXHIBIT "B"
Page 4 of 7
Melissa McCain, MMC, CPRO
Deputy City Clerk
City of Renton - City Clerk's Office
On 7/26/2023 12:19:09 PM, City of Renton - Public Records wrote:
Subject: Public Records Request :: C000414-072023
Body:
RE: PUBLIC RECORDS REQUEST of July 20, 2023, Reference # C000414-072023
Schwabe, Williamson & Wyatt
Paralegal/Legal Assistant Lisa McKee
700 Washington Street
Vancouver, WA 98660
The City received a public records request from you on July 20, 2023, via the City's online Public Records
Request portal. Your request was automatically numbered #C000414-072023.
You requested the following:
Type of Record: Other/Unknown - (Provide description below)
Address or Location: 901 S Grady Way, Renton, WA 98057
Time frame: [See text below]
Record(s) Requested: "Public Records Request for the below info, related to Land Use File Numbers:
LUA21-000452, SA-H, ECF, MOD, and Deferral Decision Nos:
1. C22004541/DEF23001823
2. C22004541/DEF2300184
The following is our formal Public Records Request:
All records, including but not limited to emails, voicemails, plans, proposals, etc., dated 8/1/2021 to the
present:
1. Related to contemplated, potential, or required street lightning and street improvements to be
performed by anyone, on the east side of Talbot Road South, between S. Grady Way and the I-405 off-
ramp/S Renton Village Pl;
2. Between the City and KC Metro regarding The Home Depot site plan that is described, discussed, or
approved in PRE 21-000313, LUA 21-000452, or PR22-000065;
3. Regarding the temporary construction easement requested by KC Metro across The Home Depot
property located at 901 S. Grady Way, Renton, WA 98057; and
4. Regarding any lot line adjustments requested by The Home Depot related to The Home Depot
property located at 901 S. Grady Way, Renton, WA 98057."
City staff are in the process of locating, reviewing and processing records that may be responsive to your
Page 5
EXHIBIT "B"
Page 5 of 7
request. This request will be fulfilled via the installment process. Pursuant to RCW 42.56.520, the City
requires additional time to process your request. The City anticipates an installment of records and a
response to your request by 5:00 p.m. on August 17, 2023. If the records become available sooner, you will
be contacted. Thank you.
Sincerely,
Melissa McCain, MMC, CPRO
Deputy City Clerk
City of Renton - City Clerk's Office
On 7/20/2023 11:45:50 AM, City of Renton - Public Records wrote:
Dear Lisa McKee,
Thank you for your interest in public records of Renton, WA. Your request has been received and is being
processed. Your request has been assigned the reference number C000414-072023 for tracking purposes.
In summary, the request is for:
Public Records Request for the below info, related to Land Use File Numbers: LUA21-000452, SA-H, ECF,
MOD, and Deferral Decision Nos:
1. C22004541/DEF23001823
2. C22004541/DEF2300184
The following is our formal Public Records Request:
All records, including but not limited to emails, voicemails, plans, proposals, etc., dated 8/1/2021 to the
present:
1. Related to contemplated, potential, or required street lightning and street improvements to be
performed by anyone, on the east side of Talbot Road South, between S. Grady Way and the I-405 off-
ramp/S Renton Village Pl;
2. Between the City and KC Metro regarding The Home Depot site plan that is described, discussed, or
approved in PRE 21-000313, LUA 21-000452, or PR22-000065;
3. Regarding the temporary construction easement requested by KC Metro across The Home Depot
property located at 901 S. Grady Way, Renton, WA 98057; and
Page 6
EXHIBIT "B"
Page 6 of 7
4. Regarding any lot line adjustments requested by The Home Depot related to The Home Depot
property located at 901 S. Grady Way, Renton, WA 98057.
The City will attempt to locate the records you seek, determine the volume and any costs associated with
satisfying your request. You will be contacted about the availability of the records, anticipated costs and/or
provided with copies of the requested records.
You can monitor the progress of your request at the link below and you'll receive an email when your request
has been completed. Again, thank you for using the Public Records Center.
To monitor the progress or update this request please log into the Public Records Center.
Track the issue status and respond at:
https://rentonwa.mycusthelp.com/WEBAPP//_rs/RequestEdit.aspx?rid=30407
On 7/20/2023 11:45:49 AM, Lisa McKee wrote:
Request Created on Public Portal
Page 7
EXHIBIT "B"
Page 7 of 7
(Sent via email through the GovQA system to: lmckee@schwabe.com )
August 14, 2023
Schwabe, Williamson & Wyatt
Paralegal/Legal Assistant Lisa McKee
700 Washington Street, Ste. 701
Vancouver, WA 98660
RE: PUBLIC RECORDS REQUEST of July 20, 2023, Reference #C000414-072023.
The City Clerk’s Office received your public records request on July 20, 2023, via the on-line public records portal.
Your request was automatically numbered #C000414-072023. You were sent a 5-day letter on July 26, 2023, and
the City anticipated release of an installment of records and a response by August 17, 2023.
You requested the following:
Type of Record: Other/Unknown - (Provide description below)
Address or Location: 901 S Grady Way, Renton, WA 98057
Time frame: [See text below]
Record(s) Requested: "Public Records Request for the below info, related to Land Use File Numbers:
LUA21-000452, SA-H, ECF, MOD, and Deferral Decision Nos:
1. C22004541/DEF23001823
2. C22004541/DEF23001824 (correct number noted)
The following is our formal Public Records Request:
All records, including but not limited to emails, voicemails, plans, proposals, etc., dated 8/1/2021 to the
present:
1.Related to contemplated, potential, or required street lightning and street improvements to be
performed by anyone, on the east side of Talbot Road South, between S. Grady Way and the I-405 off-
ramp/S Renton Village Pl;
2.Between the City and KC Metro regarding The Home Depot site plan that is described, discussed, or
approved in PRE 21-000313, LUA 21-000452, or PR22-000065;
3.Regarding the temporary construction easement requested by KC Metro across The Home Depot
property located at 901 S. Grady Way, Renton, WA 98057; and
4.Regarding any lot line adjustments requested by The Home Depot related to The Home Depot property
located at 901 S. Grady Way, Renton, WA 98057."
INSTALLMENT #1.
The City provides Installment #1 of the following records, without exemptions and/or redactions:
1..zip Folder Titled: C22004541, containing 10 files.
2..zip Folder Titled: DEF23001823, containing 6 files.
3..zip Folder Titled: DEF23001824, containing 6 files.
4..zip Folder Titled: DEF23001874, containing 7 files.
5..zip Folder Titled: DEF23001916, containing 6 files.
6..zip Folder Titled: SS22004098, containing 4 PDF files.
7..zip Folder Titled: W22004543, containing 1 PDF file.
EXHIBIT "C"
Page 1 of 3
The above records have been made available through the Public Records Center, where the files can be
downloaded and saved to your computer system at no charge. Please verify the records have been successfully
saved to your computer system. Review of the records for installments must be made within 30 days of
notification of availability or the request can be closed. Click the link to login to the Public Records Center and
retrieve the records. Public Records Request - C000414-072023
DIGITAL RECORDS LIBRARY
In addition to the records provided via the link above, the following records are readily available via the City’s
Digital Records Library. The records within the DRL are provided without exemption and/or redaction:
Current Planning
Pre-Application Files
PRE21-000313 – Home Depot (containing 3 PDF files)
Land Use Application Files
LUA21-000452 – Home Depot – Hearing Examiner Site Plan
01 – Submittal Documents (3 folders of files and 5 PDF files)
Submittal v1 (7 files)
Submittal v2 (6 files)
Submittal v3 (14 files)
HD Renton – Parking Exhibit
Home Depot Renton – Parking Analysis
P Paving Submittal
P MBS mastercolor – admixtures online color selector guide
P top-cast architectural-brochure
02 – Acceptance Letter (2 files)
03 – Notice of Application (1 file)
04 – Decisions and Staff Reports (11 files)
05 – Additional Documents (9 PDF files and 2 folders)
LUA22-000209 – Home Depot Lot Line Adjustment
01 – Submittal Documents
Submittal v1 (7 files)
Submittal v2 (6 files)
Submittal v3 (3 files)
02 – Decisions and Staff Reports (3 PDF files below)
D20230510000358
D_Signed Plans Request_Home Depot
E 20230427000404
03-Additional Documents (2 PDF files below)
C-Review Comments v1
C-Review Comments v2
Development Engineering
C22004541
01 – Application (empty folder)
02 – Construction Documentation (4 folders)
Approved Plans and Reports
Approved Revisions and Requests for Info
Construction Closeout (empty folders)
General and Preconstruction
03 – Maintenance Documentation
EXHIBIT "C"
Page 2 of 3
Hearing Examiner Files
Land Use
Home Depot – LUA21-000452 (6 folders of records)
CED’s Land Use File – LUA21-000452
City’s Request for Reconsideration – 8-12-2022
8-15-2022 – HEX email City's Request for Reconsideration of the Hearing Examiner's Decision - Home Depot I
8-15-2022 Zoldak email - City's Request for Reconsideration of the Hearing Examiner's Decision - Home Depot I
HEX Decision – Home Depot 1 – LUA21-000452
LUA21-000452 Party of Record List
HEX – Audio Files: 20220726 HEX Home Depot LUA21-000452
INSTALLMENT #2.
The City continues the process of locating, reviewing, and processing records that may be responsive to your
request. Pursuant to RCW 42.56.520, the City requires additional time to process your request. This request will
be fulfilled via the Installment Process. The City anticipates release of another an installment of records and a
response to your request by 5:00 p.m. on September 14, 2023. If an installment of records becomes available
sooner, you will be contacted. Thank you.
Sincerely,
Melissa McCain, MMC, CPRO
Deputy City Clerk
EXHIBIT "C"
Page 3 of 3
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CERTIFICATE OF SERVICE - 1 SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101-4010 Telephone: 206-622-1711
CERTIFICATE OF SERVICE
I hereby certify that on the 8th day of September, 2023, I caused to be served the
foregoing DECLARATION OF JULIE WILSON-MCNERNEY IN SUPPORT OF THE
HOME DEPOT’S MOTION IN LIMINE on the following party at the following address:
M. Patrice Kent, WSBA No. 42460
Sr. Assistant City Attorney
City of Renton
1055 S. Grady Way
Renton, WA 98057
Telephone: (425) 430-6480
pkent@rentonwa.gov
Attorneys for The City of Renton
Cynthia Moya
Renton City Clerk
1055 Grady Way
Renton, WA 98057
CMoya@rentonwa.gov
olbrechtslaw@gmail.com
City Hearing Examiner
by:
U.S. Postal Service, ordinary first class mail
U.S. Postal Service, certified or registered mail,
return receipt requested
hand delivery
facsimile
electronic service
other (specify)
/s/ Lisa D. McKee
Lisa D. McKee, Paralegal/Legal Assistant