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
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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
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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