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HomeMy WebLinkAbout2023-09-15 Exhibit A Declaration of MPK Exhibit A Declaration of M. Patrice Kent ISO Response to Home Depot Motions In Limine (DEF 230001823 & DEF 230001824) Page 1 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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.) (LUA21-000542; C22003168) NO. DEF 23001823 (Outlot 1) And NO. DEF 23001824 (Outlot 2) DECLARATION OF MARY PATRICE KENT IN SUPPORT OF CITY OF RENTON RESPONSE TO HOME DEPOT MOTION IN LIMINE I, Mary Patrice Kent, declare under penalty of perjury under the laws of the State of Washington that the following statements are true and correct to the best of my knowledge: 1. I am over the age of eighteen and competent to attest to the following facts. 2. I am currently a Senior Assistant City Attorney for the City of Renton, Washington. 3. I conferred with the City’s Public Records Manager, Melissa McCain, and she informed me that on August 22, 2023 she had spoken with the Schwabe, Williamson & Wyatt paralegal on the matter, Lisa McKee, to follow up on the concerns raised via email on August 22, 2023 and followed up the next day when Ms. McKee informed Ms. McCain that she was able to access the files. Declaration of M. Patrice Kent ISO Response to Home Depot Motions In Limine (DEF 230001823 & DEF 230001824) Page 2 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4. Attached as Exhibit 1 is a true and correct copy of correspondence from the City of Renton in response to Public Records Request COOO414-072023 for correspondence after the August 22, 2023 correspondence provided in Appellant’s Motion in Limine dated September 8, 2023, and through September 14, 2023. RESPECTFULLY SUBMITTED, this 15th day of September, 2023. CITY OF RENTON: By:______/s/ M. Patrice Kent___________ M. Patrice Kent Sr. Assistant City Attorney City Attorney EXHIBIT 1 Kent Declaration From:CityClerk Records To:lmckee@schwabe.com Subject:*Follow-up* City of Renton - Public Records Request - C000414-072023 Date:Tuesday, August 22, 2023 3:59:21 PM Attachments:GovQA Requestor Communication - C000414-072023.msg Importance:High Hi Lisa, Thank you for speaking with me via telephone regarding the message you sent (attached) regarding 3 .zip files (DEF23001916, SS22004098, and W22004543) and the records contained within those three .zip files. During our telephone conversation, I was able to download the files from the Public Records Center (GovQA system) and view the records within each of the folders. You tried again with file SS22004098, containing 4 PDF files and you were able to see the records within the file. As we discussed, the .zip file for D23001916 is large and you stated you would try to download that file tomorrow (8/23/2023) when you were at your office. Please let me know if you have an issue downloading DEF23001916 when you are at your office tomorrow, Wednesday August 23rd. Thank you, Melissa McCain, MMC, CPRO Deputy City Clerk/Public Records Officer Office of the City Clerk 1055 South Grady Way, 7th Floor, Renton, WA 98057 Direct Line (425) 430-6507 1 Patrice Kent From:City of Renton - Public Records <rentonwa@mycusthelp.net> Sent:Tuesday, August 22, 2023 3:34 PM To:CityClerk Records Subject:[GovQA] Requestor Communication - C000414-072023     The requestor has updated a request assigned to you   Public Records Request / C000414-072023    The requestor has sent in new communication via email or the portal, please login to review the message history. Request Information Assigned Staff: City Clerk Records Status: Installments Create Date: 7/20/2023 11:45:49 AM 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. Message History On 8/22/2023 3:33:02 PM, Paralegal/Legal Assistant 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,  CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe.   2 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 Attachments: 3 C414_-_Schwabe__Williamson___Wyatt_-_Installment_1_Letter-_8- 14-2023.pdf Access the Public Records Center to View the Request     This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.  To help protect yMicrosoft Office pautomatic downlopicture from the GovQA logo      From:CityClerk Records To:lmckee@schwabe.com Subject:FW: *Follow-up* City of Renton - Public Records Request - C000414-072023 Date:Wednesday, August 23, 2023 8:09:41 AM Attachments:GovQA Requestor Communication - C000414-072023.msg C414 - Schwabe, Williamson & Wyatt - Installment 1 Letter- 8-14-2023.pdf Importance:High Good morning, Lisa – Please let me know if you are able to access the one remaining .zip file when you are at your office today. Additionally, I have attached another copy of the 8/14/2023 Installment letter for you use. In the communication yesterday - you inquired about when you could expect your next installment of records, please see page 3 of that letter as it states the anticipated next installment will be on September 14, 2023. Thank you, Melissa McCain, MMC, CPRO Deputy City Clerk/Public Records Officer Office of the City Clerk 1055 South Grady Way, 7th Floor, Renton, WA 98057 From: CityClerk Records <CityClerkRecords@Rentonwa.gov> Sent: Tuesday, August 22, 2023 3:59 PM To: lmckee@schwabe.com Subject: *Follow-up* City of Renton - Public Records Request - C000414-072023 Importance: High Hi Lisa, Thank you for speaking with me via telephone regarding the message you sent (attached) regarding 3 .zip files (DEF23001916, SS22004098, and W22004543) and the records contained within those three .zip files. During our telephone conversation, I was able to download the files from the Public Records Center (GovQA system) and view the records within each of the folders. You tried again with file SS22004098, containing 4 PDF files and you were able to see the records within the file. As we discussed, the .zip file for D23001916 is large and you stated you would try to download that file tomorrow (8/23/2023) when you were at your office. Please let me know if you have an issue downloading DEF23001916 when you are at your office tomorrow, Wednesday August 23rd. Thank you, Melissa McCain, MMC, CPRO Deputy City Clerk/Public Records Officer Office of the City Clerk 1055 South Grady Way, 7th Floor, Renton, WA 98057 Direct Line (425) 430-6507 CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. From:McKee, Lisa D. To:CityClerk Records Subject:RE: *Follow-up* City of Renton - Public Records Request - C000414-072023 [IWOV-PDX.FID4777904] Date:Thursday, August 24, 2023 11:14:26 AM Attachments:image001.png image002.png Hello, Thank you for the follow up. Yes, I was able to access those three folders and get the documents downloaded. Thanks! Lisa McKee Paralegal/Legal Assistant to Maren Calvert, Patrick Mullaney, and Julie Wilson-McNerney (360) 905-1105 lmckee@schwabe.com From: CityClerk Records <CityClerkRecords@Rentonwa.gov> Sent: Wednesday, August 23, 2023 8:10 AM To: McKee, Lisa D. <LMcKee@schwabe.com> Subject: FW: *Follow-up* City of Renton - Public Records Request - C000414-072023 Importance: High Good morning, Lisa – Please let me know if you are able to access the one remaining .zip file when you are at your office today. Additionally, I have attached another copy of the 8/14/2023 Installment letter for you use. In the communication yesterday - you inquired about when you could expect your next installment of records, please see page 3 of that letter as it states the anticipated next installment will be on September 14, 2023. Thank you, Melissa McCain, MMC, CPRO Deputy City Clerk/Public Records Officer Office of the City Clerk 1055 South Grady Way, 7th Floor, Renton, WA 98057 From: CityClerk Records <CityClerkRecords@Rentonwa.gov> Sent: Tuesday, August 22, 2023 3:59 PM To: lmckee@schwabe.com Subject: *Follow-up* City of Renton - Public Records Request - C000414-072023 Importance: High Hi Lisa, Thank you for speaking with me via telephone regarding the message you sent (attached) regarding 3 .zip files (DEF23001916, SS22004098, and W22004543) and the records contained within those three .zip files. During our telephone conversation, I was able to download the files from the Public Records Center (GovQA system) and view the records within each of the folders. You tried again with file SS22004098, containing 4 PDF files and you were able to see the records within the file. As we discussed, the .zip file for D23001916 is large and you stated you would try to download that file tomorrow (8/23/2023) when you were at your office. Please let me know if you have an issue downloading DEF23001916 when you are at your office tomorrow, Wednesday August 23rd. Thank you, Melissa McCain, MMC, CPRO Deputy City Clerk/Public Records Officer Office of the City Clerk 1055 South Grady Way, 7th Floor, Renton, WA 98057 Direct Line (425) 430-6507 __________________________________________________________ NOTICE: This email may contain material that is confidential, privilegedand/or attorney work product for the sole ‎use of the intended recipient. Anyreview, reliance or distribution by others or forwarding without express‎permission is strictly prohibited. If you are not the intended recipient,please contact the sender and ‎delete all copies.‎ C414 – Schwabe, Williamson & Wyatt Page 1 of 4 (Sent via email through the GovQA system to: lmckee@schwabe.com ) September 13, 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. On August 14, 2023, you were provided Installment #1 of records and the City anticipated release of another installment of records and a response by September 14, 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. On August 14, 2023, the City provided 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. C414 – Schwabe, Williamson & Wyatt Page 2 of 4 6. .zip Folder Titled: SS22004098, containing 4 PDF files. 7. .zip Folder Titled: W22004543, containing 1 PDF file. DIGITAL RECORDS LIBRARY As stated on August 14, 2023, 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 Hearing Examiner Files Land Use Home Depot – LUA21-000452 (6 folders of records) C414 – Schwabe, Williamson & Wyatt Page 3 of 4 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 provides Installment #2 of the following records, without exemptions and/or redactions: 1. .zip Folder Titled: C414 – Release 1, containing 384 email records. 2. .zip Folder Titled: DE Records, containing 163 files of records within 8 folders. [This is a large file] 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: CED – Project Folders PR22-000049 (linked to B22000768, F23001048 and PR22-000065) B22000768 2. Construction Files 05. Approved Documents (contains 10 files) 06. Legal Documents (empty folder) 07. Inspections Documents (contains 2 files) F23001048 2. Construction Files 05. Approved Documents (contains 4 files) 06. Legal Documents (empty folder) 07. Inspections Documents (empty folder) PR22-000065 (linked to C22003168 and C22004541) C22003168 01 – Application (empty folder) 02 – Construction Documentation (4 folders) Approved Plans and Reports Approved Revisions and Requests for Info Construction Closeout General and Preconstruction 03 – Maintenance Documentation (empty folder) C22004541 01 – Application (empty folder) 02 – Construction Documentation (4 folders) Approved Plans and Reports Approved Revisions and Requests for Info Construction Closeout (empty folders) C414 – Schwabe, Williamson & Wyatt Page 4 of 4 General and Preconstruction 03 – Maintenance Documentation Development Engineering C21001128 01 – Application [This is a large file – 520-page PDF] 02 – Construction Documentation (4 folders) Approved Plans and Reports (empty folders) Approved Revisions and Requests for Info (empty folders) Construction Closeout (empty folders) General and Preconstruction (empty folders) 03 – Maintenance Documentation INSTALLMENT #3. 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 October 19, 2023. If an installment of records becomes available sooner, you will be contacted. Thank you. Sincerely, Melissa McCain, MMC, CPRO Deputy City Clerk