i5 rose quarter letter 1 - wordpress.com · iain mackenzie 915 se 35th ave, #207 portland, or 97214...

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Iain MacKenzie 915 SE 35 th Ave, #207 Portland, OR 97214 March 31 st , 2019 I5 Rose Quarter Project – Public Comment Process I believe that the public comment process for the I5 Rose Quarter Project has been inadequate. On the first day of the public comment period I requested that the engineering drawings for the project be provided. I was informed that they “do not yet exist”, a statement that was not true. It took over a month to obtain drawings that could have easily been published when they were first requested. The timeline of my efforts to obtain drawings of the project is as follows: On February 12 th , the first day of the public comment period, I sent an email to [email protected] to request the current engineering drawings for project. Project manager Megan Channell was copied in to this email. On February 19 th Douglas Siu of ODOT replied to the above email, stating that the “design phase of this project has not started and as such, engineering drawings do not yet exist” (emphasis mine). I replied on the same day, stating my belief that preliminary civil engineering drawings must exist and that while “I understand that these are only at a concept level, and that the project will undergo further design development… it would be helpful to the public to understand that what has been done to date.” I never received a reply to this email. Having not received any reply, I work with Attorney Alan Kessler to file a series of public records requests. These were submitted to ODOT on February 25 th . On March 7 th , 2019 Megan Channell of ODOT gave a briefing to the Portland Design Commission. In response to a question about how far the project is in the design process, she stated that the project is at 5% design. On March 12 th , 2019 I emailed Douglas Siu and Megan Channell, asking for the 5% design drawings. I never received a reply to this email. On March 12 th , 2019 I submitted a public records request to the City of Portland, asking for copies of the drawings that have been submitted to the City of Portland by ODOT. On March 13 th , 2019, Laura Rojas of ODOT emailed Alan Kessler, stating that she was still working on the estimates for the public records requests. At 12:55 PM on March 20 th , 2019, Alan Kessler filed petitions to the Oregon Department of Justice, given that ODOT had not met its statutory deadlines under Oregon law for responding to the public records requests. At 2:10 on March 20 th , 2019 Laura Rojas of ODOT responded with estimates for the public records request. These estimates acknowledged that ODOT was the custodian of

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Page 1: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

IainMacKenzie915SE35thAve,#207Portland,OR97214

March31st,2019I5RoseQuarterProject–PublicCommentProcessIbelievethatthepubliccommentprocessfortheI5RoseQuarterProjecthasbeeninadequate.OnthefirstdayofthepubliccommentperiodIrequestedthattheengineeringdrawingsfortheprojectbeprovided.Iwasinformedthatthey“donotyetexist”,astatementthatwasnottrue.Ittookoveramonthtoobtaindrawingsthatcouldhaveeasilybeenpublishedwhentheywerefirstrequested.Thetimelineofmyeffortstoobtaindrawingsoftheprojectisasfollows:

• OnFebruary12th,thefirstdayofthepubliccommentperiod,Isentanemailtoinfo@i5rosequarter.orgtorequestthecurrentengineeringdrawingsforproject.ProjectmanagerMeganChannellwascopiedintothisemail.

• OnFebruary19thDouglasSiuofODOTrepliedtotheaboveemail,statingthatthe“designphaseofthisprojecthasnotstartedandassuch,engineeringdrawingsdonotyetexist”(emphasismine).

• Irepliedonthesameday,statingmybeliefthatpreliminarycivilengineeringdrawingsmustexistandthatwhile“Iunderstandthattheseareonlyataconceptlevel,andthattheprojectwillundergofurtherdesigndevelopment…itwouldbehelpfultothepublictounderstandthatwhathasbeendonetodate.”Ineverreceivedareplytothisemail.

• Havingnotreceivedanyreply,IworkwithAttorneyAlanKesslertofileaseriesofpublicrecordsrequests.TheseweresubmittedtoODOTonFebruary25th.

• OnMarch7th,2019MeganChannellofODOTgaveabriefingtothePortlandDesignCommission.Inresponsetoaquestionabouthowfartheprojectisinthedesignprocess,shestatedthattheprojectisat5%design.

• OnMarch12th,2019IemailedDouglasSiuandMeganChannell,askingforthe5%designdrawings.Ineverreceivedareplytothisemail.

• OnMarch12th,2019IsubmittedapublicrecordsrequesttotheCityofPortland,askingforcopiesofthedrawingsthathavebeensubmittedtotheCityofPortlandbyODOT.

• OnMarch13th,2019,LauraRojasofODOTemailedAlanKessler,statingthatshewasstillworkingontheestimatesforthepublicrecordsrequests.

• At12:55PMonMarch20th,2019,AlanKesslerfiledpetitionstotheOregonDepartmentofJustice,giventhatODOThadnotmetitsstatutorydeadlinesunderOregonlawforrespondingtothepublicrecordsrequests.

• At2:10onMarch20th,2019LauraRojasofODOTrespondedwithestimatesforthepublicrecordsrequest.TheseestimatesacknowledgedthatODOTwasthecustodianof

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atleastofsomeoftherequestedinformation.ThisdemonstratedthatthestatementofFebruary19thwasnottrue.Estimatesforthetimeitwouldtaketoprovidetheinformationrangedfrom4to25businessdays,andatacostofbetween$600and$6,000.

• OnMarch22nd,2019ChairofthePortlandBicycleAdvisoryCommitteeRithyKhutemailedPortlandCommissionerChloeEudalyandODOTRegion1ManagerRianWindsheimer,askingfordrawingstoprovided,andforthepubliccommentwindowtobeextendedtoallowforthereviewofthesedocuments.

• OnMarch26th,AlanKesslerwasabletomeetinpersonwithODOTprojectengineerMarkJohnson,followingconversationswithLauraRojasabouthowitwouldbepossibletoobtaintherecordsatalowerprice.Laterthatday,drawingsinnativeformatwereuploadedtoODOT’sftpserver,fulfillingtherequestsubmittedonFebruary25th.

• OnMarch27th,2019theCityofPortlandrespondedtomypublicrecordsrequest,andreleasedthedrawingsthatwereintheirpossession.

• OnMarch27th,2019MeganChannellofODOTrepliedtotheRithyKhut’semail,statingthatthat“thepreliminaryengineeringdrawingfortheProjectis[now]availableontheprojectwebsite”.

Copiesofthecorrespondencedescribedaboveisappendedtothisletter.Insummary,itrequiredasignificantamountofefforttoobtainbasicinformationabouttheproject.Theinitialrequestfordrawingswasmadeonthefirstdayofthepublicperiod.Drawingswerenotobtaineduntilday39ofa45commentperiod.Obtainingthesedrawingsrequirednumerousemails;thefilingofmultiplepublicrecordsrequests;andpetitionstotheOregonDepartmentofJustice.ThedrawingspublishedbyODOTonMarch27th(figure1)weredifficulttoread,andatanoticeablylowerresolutionthanthoseobtainedfromtheCityofPortlandthroughthepublicrecordsprocess(figure2):

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Figure1,Detailof5%engineeringrollmapdrawingprovidedbyODOTonMarch27th,2019

Figure2,Detailof5%engineeringrollmapdrawingobtainedfromtheCityofPortlandonMarch27th,2019

InherMarch27themailMsChannellstatesthat“the45-daypubliccommentperiodfortheEnvironmentalAssessment(endingonApril1,2019at5pm)willnotbeextended,astheinformationintheposteddrawingsisdescribedandillustratedintheEnvironmentalAssessment”(emphasismine).Thisisnotthecase.TheEnvironmentalAssessmentaspublisheddoesnotincludeprojectdrawingsoverlaidontheexistingaerials,astheengineeringdrawingsdo.Thismakesitextremelydifficultforthepublictomakeabeforeandaftercomparison.

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TheMarch27themailstatesthatadditionaltimeforpubliccommentisnotnecessary,asaprojectmaphasbeenmadeavailable:

Aprojectmapillustratingtheprojectfeaturesandtheirlocationsalsohasbeenontheprojectwebsiteforthedurationoftheenvironmentalstudyprocess,beginninginFall2017.Thismapisavailableatthesamewebsitenotedabove,under“ProjectInformation/ProjectAreaMap.”

Thismapmayhavebeenprovided,howeveritwaslackingincrucialinformation.Asanexample,thereisnoindicativelanestripingprovidedontheProjectAreaMap.Areasinlightbluearekeyedas“LocalStreetModifications”andareasinyellowarekeyedas“BicycleandPedestrianFacilities”(fig3).Fromtheprojectitisnotpossibletodeterminethata)thenumberofvehicularlanesisbeingincreasedfrom3to4onNWeidler,(figure4)orb)thatasaconsequencetheexistingsidewalksonbothsidesofthestreetwillbenarrowedfromapproximately12’to8’,andwithareductiontotheamountofpublicspaceinfrontoftheMadronaStudiosbuilding(figure4).

Figure3,ProjectInformation/ProjectAreaMapcenteredonNWeidleratNVancouver/Williams

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Figure4,5%engineeringrollmapdrawing,centeredonNWeidleratNVancouver/Williams

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Figure5,5%engineeringrollmapdrawing,enlargedviewatNWeidlerinfrontoftheMadronaStudios

Thisjustonestreetsegment,howevertheimpactscouldtherebesignificant.AsnotedintheEnvironmentalJusticeTechnicalReport,“occupantsofatleast146units[attheMadronaStudios]arelow-income”and“morethanhalfoftheresidentsareracialminorities”.Thereportstatesthat“privatemotorvehicleandloadingaccesstothefacilitiesatMadronaStudioswouldbemaintained”butdoesnotconsidertheimpactofwideningthestreetinfrontofthebuilding.Thewideningofthestreetwillreducetheamountofplazaspaceinfrontofthebuilding.Thisspaceiscurrentlywellusedbythebuilding’sresidents,ascapturedinGoogleStreetview(figure6).Thenarrower8’widesidewalkswouldalsolacksufficientroomtoplantstreettreestoreplacethetreesthatwouldbecutdown(figure7),creatinglessofabufferbetweenthefourlanestreetandtheplazaattheMadronaStudios.Thesearenotproblemsthatcanbesolvedwithdesign;providingwidersidewalkswouldrequirefurtherreductionsintheamountofplazaspaceinfrontoftheMadronaStudios.The

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impacttothelowincomeresidentsofthisbuildinghasnotbeendiscussedaspartoftheEnvironmentalJusticeReport.

Figure6,GoogleStreetviewimageoftheMadronaStudios

Figure7,ExtractfromtheCityofPortlandPedestrianDesignGuide

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TheimpactsdescribedtotheMadronaStudiosarenotintendedbeexhaustive;theyareanillustrationoftheimpactsthatwerenotapparentuntilthedrawingswerereleasedonday39dayofa45daypubliccommentperiod.Withmoretimetoreviewthedrawingsthepublicwouldhavehadachancetodiscoverwhethertherewereanyothersimilarimpactsthathavealsonotbeendescribedintheanalysis.Giventhelackofinformationprovidedtothepublic,andthefactthatwheninformationwasprovideditwaslateintheprocessandunderduress,IwouldrecommendthattheprojectproceedtoanEnvironmentalImpactStatement.Wheretheprojectcreatesadverseimpactsthepublicshouldhaveanopportunitytounderstandwhattheyare,andweighinonpotentialmitigationstrategies.Regards,IainMacKenzie,AIA

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3/30/19, 10(19 PMGmail - I5 Rose Quarter - Request for engineering drawings

Page 1 of 1https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&searc…a%3Ar4316836296959758129&simpl=msg-a%3Ar4316836296959758129

Iain MacKenzie <[email protected]>

I5 Rose Quarter - Request for engineering drawingsIain Mackenzie <[email protected]> Fri, Feb 15, 2019 at 12:43 PMTo: [email protected]: [email protected]: Clint Culpepper <[email protected]>, Catherine Gould <[email protected]>, David Stein<[email protected]>, Elliot Scott <[email protected]>

Can you please forward or publish the full and current engineering drawings for the I5 Rose Quarter Project? Thediagrams included in the Environmental Assessment are not sufficient to make it clear to the public what is beingproposed, and therefore provide informed comments.

As an example, the aerial perspective on the first page of the report is inconsistent with the technical drawingsshown in Appendix C of the Section 106 report.

Regards,

Iain MacKenzie

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3/30/19, 10(16 PMGmail - I5 Rose Quarter - Request for engineering drawings

Page 1 of 2https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&searc…sg-f%3A1625905719612779449&simpl=msg-f%3A1625905719612779449

Iain MacKenzie <[email protected]>

I5 Rose Quarter - Request for engineering drawingsSIU Douglas *DOUG <[email protected]> Tue, Feb 19, 2019 at 5:55 AMTo: Iain Mackenzie <[email protected]>Cc: "[email protected]" <[email protected]>

Hi Ian,

Thank you for your interest in the I-5 Rose Quarter Improvement Project. The design phase of thisproject has not started and as such, engineering drawings do not yet exist. Pending approval ofthe Environmental Assessment (current phase), the project will begin design development througha series of public urban design workshops that will refine the scope to a point where projectengineering can begin. The purpose of the Environmental Assessment phase is to delineate themaximum allowable environmental impact under the proposed scope and gather public commentregarding those impacts. The Environmental Assessment essentially provides accountability andscope control for future design.

Regarding the various maps within the Environmental Assessment, there is a “Project Area” andthen “Areas of Potential Impact” that correspond to each resource category (e.g. Noise, HazardousMaterials, etc.). While these are similar, they are not the same. The Project Area listed on Page 3of the Environmental Assessment is defined by all properties adjacent to the affected rights of way. The Areas of Potential Impact, however, may expand beyond the project area to account forimpacts such as sound which carry beyond the project boundary. Areas of Potential Impact willvary depending on corresponding resource category.

Like the Environmental Assessment phase, participation in the Urban Design Workshops will beopen to all interested parties. If you would like to stay informed of future events, in addition to theprogress of the Environmental Assessment, please sign up for our newsletter through thewww.i5RoseQuarter.org website.

Thanks again for your interest,

Douglas Siu

Planner 4, Major Projects

Oregon Department of Transportation, Region 1

123 NW Flanders Street

Portland, OR 97209

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3/30/19, 10(16 PMGmail - I5 Rose Quarter - Request for engineering drawings

Page 2 of 2https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&searc…g-f%3A1625905719612779449&simpl=msg-f%3A1625905719612779449

[email protected]

Office: 503.731.8206

Cell: 503.317.4782

From: Iain Mackenzie <[email protected]> Sent: Friday, February 15, 2019 12:43 PMTo: [email protected]: CHANNELL Megan <[email protected]>Subject: I5 Rose Quarter - Request for engineering drawings

Can you please forward or publish the full and current engineering drawings for the I5 Rose Quarter Project? Thediagrams included in the Environmental Assessment are not sufficient to make it clear to the public what is beingproposed, and therefore provide informed comments.

[Quoted text hidden]

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3/30/19, 10(17 PMGmail - I5 Rose Quarter - Request for engineering drawings

Page 1 of 1https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&searc…3Ar-7253082067689783515&simpl=msg-a%3Ar-7253082067689783515

Iain MacKenzie <[email protected]>

I5 Rose Quarter - Request for engineering drawingsIain Mackenzie <[email protected]> Tue, Feb 19, 2019 at 12:23 PMTo: SIU Douglas *DOUG <[email protected]>Bcc: Alan Kessler <[email protected]>, Catherine Gould <[email protected]>, Elliot Scott<[email protected]>, David Stein <[email protected]>, Clint Culpepper <[email protected]>

Douglas,

Thank you for your reply, however preliminary civil engineering drawings clearly do exist, given that they're usedas the base layer for the property acquisition drawings in the Section 106 report. I understand that these are onlyat a concept level, and that the project will undergo further design development, but it would be helpful to thepublic to understand that what has been done to date. This project is a major reconfiguration of the street networkin a critical part of Portland's Central City.

As an example, which streets will have will have sidewalks on both sides and which will have sidewalks on onlyside? Which streets will have bike lanes on them? How much much room is being allocated for the bicyclefacilities (however they are ultimately designed)? It is not possible to discern answers to these questions for theinformation that has been published to date, but it will be very hard to change later in the process, during designdevelopment, given that these all affect the amount of right-of-way required.

Given these concerns, it seems appropriate to publish the drawings that have already been done. I would prefernot to have to go through the freedom of information process, but am willing to do so if necessary.

Regards,

Iain[Quoted text hidden]

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731-0489 (4/15)

ODOT PUBLIC RECORDS REQUEST

Please read instructions (http://www.odot.state.or.us/forms/odot/admin731/0489_instr.pdf) before completing and submitting this request.

Section A – Requester informationNAME

Alan KesslerTITLE

PHONE

503 860 1020FAX E-MAIL ADDRESS

[email protected] OR TRADE NAME

MAILING ADDRESS

CITY STATE ZIP

Section B – Record(s) requestedDESCRIPTION OF RECORDS REQUESTEDPlease provide, in native formats, all CAD drawings (e.g. DWG, DGN, DXF, etc.) created or modified since June 1, 2018; which relate to the I-5 Rose Quarter Improvement Project. Please include for each CAD drawing all XREFs or other referenced documents, images, files, assets, etc. For purposes of clarification and without limitation: this request is intended to broadly include any computer assisted design (CAD) files depicting designs (including proposed or abandoned designs) related to construction, earth work, existing or proposed infrastructure, or land acquisition for the I-5 Rose Quarter Improvement Project.

Section C – Receiving record(s), certificationCERTIFICATION

No certification necessaryPREFERRED METHOD OF RECEIPT

E-mailPICK UP LOCATION (IF APPLICABLE)

AREA(S) OF ODOT CONTACTED REGARDING THIS REQUEST

Submit by fax: (503) 986-4025 Submit in person or by postal mail: ODOT Records Officer, Business Services Branch MS 51, 355 Capitol St. NE, Salem, OR 97301

ODOT OFFICE USE ONLYESTIMATE AMOUNT DATE ESTIMATE PROVIDED DATE AUTHORIZED TO PROCEED REQUEST WITHDRAWN REQUEST COMPLETED

ACTUAL COST PAYMENT RECEIVED MISCELLANEOUS BILLING DATE COMPLETED BY COMPLETED BY

COMMENTS

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731-0489 (4/15)

ODOT PUBLIC RECORDS REQUEST

Please read instructions (http://www.odot.state.or.us/forms/odot/admin731/0489_instr.pdf) before completing and submitting this request.

Section A – Requester informationNAME

Alan KesslerTITLE

PHONE

503 860 1020FAX E-MAIL ADDRESS

[email protected] OR TRADE NAME

MAILING ADDRESS

CITY STATE ZIP

Section B – Record(s) requestedDESCRIPTION OF RECORDS REQUESTEDRelated to the I-5 Rose Quarter Improvement project, the most recent copy of the following drawing types: Sheet Layout Plans Typical Sections Horizontal Alignment Plans Street Profiles Street Plans Permanent Striping Plans Please provide these documents in native formats, including all XREFS or other cross-referenced files.

Section C – Receiving record(s), certificationCERTIFICATION

No certification necessaryPREFERRED METHOD OF RECEIPT

E-mailPICK UP LOCATION (IF APPLICABLE)

AREA(S) OF ODOT CONTACTED REGARDING THIS REQUEST

Submit by fax: (503) 986-4025 Submit in person or by postal mail: ODOT Records Officer, Business Services Branch MS 51, 355 Capitol St. NE, Salem, OR 97301

ODOT OFFICE USE ONLYESTIMATE AMOUNT DATE ESTIMATE PROVIDED DATE AUTHORIZED TO PROCEED REQUEST WITHDRAWN REQUEST COMPLETED

ACTUAL COST PAYMENT RECEIVED MISCELLANEOUS BILLING DATE COMPLETED BY COMPLETED BY

COMMENTS

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City of Portland Design Commission

Agenda Location 1900 SW 4th Avenue Room 2500B (2nd Floor) Portland, OR 97201 Keep in Mind

• The agenda is subject to change. Cases may be rescheduled. Times are estimates only and item times may change.

• Projects are reviewed in the order listed with a 10 minute break between agenda items. • Hearing cancellations follow Portland Public School Inclement Weather Closure Policy. • Regularly scheduled meetings of the Design Commission are the 1st and 3rd Thursday of each

month. Additional meetings are scheduled as necessary and are noted as a “special date” one the agenda.

• All continuances and reschedules are requested by the applicant, unless otherwise noted.

Resources • Project information (Reports, Presentations, Drawings, Audio) is available for each project at the

links provided below. Project information is generally available within one week of the meeting date: www.efiles.portlandoregon.gov

• A Guide for Presenting Testimony is available at www.portlandoregon.gov/bds/dctestimony • Design Guidelines are available online at www.portlandoregon.gov/designguidelines

March 7, 2019 at 1:30 PM

1 (1:30-1:35)

Items of Interest

2 (1:35-2:35)

Briefing – ODOT/PBOT I-5 Rose Quarter Improvement Project https://efiles.portlandoregon.gov/record/12211000 (Continued from 2/7) CITY CONTACT: Staci Monroe, BDS, 503-823-0624 Megan Channel, ODOT,503-731-3087 Caitlin Reff, PBOT, 503-823-6951

3 (2:45-4:15)

Adventist Medical Center | EA 19-110611 DA https://efiles.portlandoregon.gov/record/12595618 CITY CONTACT: Hannah Bryant, BDS, 503-823-5353 APPLICANT: Tyler Carlson SITE: 1500 SE 96th Ave.

Design Advice Request

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3/30/19, 10(18 PMGmail - I5 Rose Quarter - Request for engineering drawings

Page 1 of 1https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&searc…%3Ar-7194321534123182266&simpl=msg-a%3Ar-7194321534123182266

Iain MacKenzie <[email protected]>

I5 Rose Quarter - Request for engineering drawingsIain Mackenzie <[email protected]> Tue, Mar 12, 2019 at 8:51 AMTo: SIU Douglas *DOUG <[email protected]>, [email protected],[email protected]: Clint Culpepper <[email protected]>, Catherine Gould <[email protected]>, Alan Kessler<[email protected]>, Elliot Scott <[email protected]>, Joe Cortright <[email protected]>, Jonathan Maus<[email protected]>

Douglas--

I have not yet received a reply to this email, dated February 19th.

At the presentation to the Portland Design Commission on March 7th it was mentioned that the project is currentlyat 5% design, which contradicts the earlier statement that no drawings exist. Can you please publish the 5%design drawings so that the public has a better understanding of what is being proposed as part of this project?

Thank you,

Iain

On Tue, Feb 19, 2019 at 12:23 PM Iain Mackenzie <[email protected]> wrote:[Quoted text hidden]

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3/30/19, 11(50 PMGmail - City Public Records Request :: C093431-031219

Page 1 of 1https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&search=…read-f%3A1627819558089914719&simpl=msg-f%3A1627819558089914719

Iain MacKenzie <[email protected]>

City Public Records Request :: C093431-0312191 message

Portland Public Records Request Center <[email protected]> Tue, Mar 12, 2019 at 9:55 AMTo: "[email protected]" <[email protected]>

Dear Iain:

The City of Portland acknowledges receipt of your Public Records Request. Your request was received in this officeon March 12, 2019 and given the reference number C093431-031219 for tracking purposes.

Record Requested: Please provide: all drawings submitted to the City of Portland since June 1, 2018 by, or on behalfof, the Oregon Department of Transportation ("ODOT"), for the I-5 Rose Quarter Improvement Project ("RQIP"). Forpurposes of clarification and without limitation: this request is intended to broadly include the 5% (or current level)design engineering drawings, showing potential designs for infrastructure in or land acquisition for the RQIP.

At this time, the City is uncertain whether it is the custodian of the requested record. The City will review your requestto determine if it has responsive records. The City will then gather an estimate of the costs to provide copies ofrequested public records for which the City does not claim an exemption from disclosure. The City is permitted tocharge its actual costs to provide records. Fees include research time to locate and analyze the requested records,even if no records are located or if the requested records are determined to be exempt from disclosure.

You can monitor the progress of your request at the link below. Thank you for using the Portland Public RecordsRequest Center.

To monitor the progress or update your request click here: Portland Public Records Request Center

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Alan Kessler <[email protected]>

RE: Acknowledge the request within 5 days / PRR Alan Kessler (x2) 2-25-19 &PRR Alan Kessler 2-26-191 message

ROJAS Laura <[email protected]> Wed, Mar 13, 2019 at 9:39 AMTo: "[email protected]" <[email protected]>

Good morning Alan,

We are still working on the estimate from IS.

We should have a full estimate in regards to all 3 PRR’s you submitted on February 25th

and 26th.

Please let me know if I can assist you with anything else.

Thank you,

Laura Rojas

Records Management, Public Records Requests & Special Projects Coordinator

ODOT HQ Region 1 | Highway Division

123 NW Flanders St. Portland, OR 97209

Direct: 503.731.3066|Fax: 503.731.8531

[email protected]

CONFIDENTIALITY NOTICEThis e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure underapplicable law. If you are not the addressee or it appears from the content, context or otherwise that you havereceived this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential,and immediately delete the message and any attachments from your system.  Thank you.

Gmail - RE: Acknowledge the request within 5 days / PRR Alan K... https://mail.google.com/mail/u/0?ik=031561a95c&view=pt&searc...

1 of 2 3/20/19, 12:37 PM

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From: ROJAS LauraSent: Monday, March 4, 2019 8:04 AMTo: '[email protected]' <[email protected]>Subject: Acknowledge the request within 5 days / PRR Alan Kessler (x2) 2-25-19

Good morning Alan,

We have received your PRR (Public Record Request) and we are working on it.

Please let me know if you have any questions.

Thank you,

Laura Rojas

Records Management & Special Projects Coordinator

ODOT HQ Region 1

123 NW Flanders St. Portland, OR 97209

Direct: 503.731.3066|Fax: 503.731.8531

[email protected]

CONFIDENTIALITY NOTICEThis e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure underapplicable law. If you are not the addressee or it appears from the content, context or otherwise that you havereceived this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential,and immediately delete the message and any attachments from your system.  Thank you.

Gmail - RE: Acknowledge the request within 5 days / PRR Alan K... https://mail.google.com/mail/u/0?ik=031561a95c&view=pt&searc...

2 of 2 3/20/19, 12:37 PM

Page 20: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

3/30/19, 11(23 PMGmail - Fwd: Kessler/ODOT Petitions

Page 1 of 1https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&search=…msg-f%3A1628555739432976921&simpl=msg-f%3A1628555739432976921

Iain MacKenzie <[email protected]>

Fwd: Kessler/ODOT PetitionsAlan Kessler <[email protected]> Wed, Mar 20, 2019 at 12:56 PMTo: Iain MacKenzie <[email protected]>

---------- Forwarded message ---------From: Alan Kessler <[email protected]>Date: Wed, Mar 20, 2019 at 12:55 PMSubject: Kessler/ODOT PetitionsTo: <[email protected]>

To Whom It May Concern:

I am enclosing three petitions with supporting material. Each petition relates to the lack of a timely response andcompletion of one of three records requests that I lodged with Oregon Department of Transportation on 2/25 and 2/26.

Please confirm receipt of the three petitions and four other PDFs (7 total PDFs).

I am available at (503) 860 1020 or by email to answer any questions or concerns.

Faithfully yours,Alan Kessler

7 attachments

20190320 Kessler public_records_petition 3.pdf60K

Petition 3 support - Gmail - FW: PRR Alan Kessler 2-26-19.pdf137K

20190320 Kessler public_records_petition 2.pdf60K

Petition 2 support - 20190225_KesslerODOTReq2(1).pdf1022K

20190320 Kessler public_records_petition 1.pdf60K

Petition 1 support - 20190225_KesslerODOTReq1(1).pdf1022K

Petition 1 2 and 3 support - Gmail - RE: Acknowledge the request within 5 days : PRR Alan Kessler (x2)2-25-19 & PRR Alan Kessler 2-26-19.pdf122K

Page 21: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

Oregon Department of Justice

Petition for Public Records Order

When an individual is denied a request for public records from a state agency, that person may petition the Attorney General to issue a Public Records Order (PRO) by submitting this form to the Oregon Department of Justice (see Oregon Public Records and Meetings Law).

Requestor Name: Date: Address: City: State: Zip: Phone: Email:

I request the Attorney General to order the state agency named below to provide me with the following records (describe records):

(continued on page 2 if necessary)

Name of Agency: Date of Records Request: Date of Denial: Name of Official Who Denied Request:

Reasons for Denial, if Known (this information is optional but will help facilitate the Attorney General’s review):

(continued on page 2 if necessary)

Supporting documentation* will arrive by: � Email, � Mail or � Fax

You may submit this form to the Oregon Department of Justice by email, mail or fax to:

Email: [email protected] Mail: Office of the Attorney General, Oregon Department of Justice

1162 Court Street NE, Salem, OR 97301 Fax: 503-378-3784

*Note: Petitioners are encouraged to attach (or enclose) copies of any supporting documentation, such as agency correspondence, with the Petition for Public Records Order form. Supporting documentation may be sent separately, if necessary, but it must arrive in a timely manner for review and proper consideration. If you have any questions, you may contact the Department of Justice by email or by phone at 503-378- 4400 (see How to Contact Us).

Petition for Public Records Order Page 1 of 2 Rev. 05/07/18

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Describe Records and /or Reason for Denial Continued:

Petition for Public Records Order Page 2 of 2 Rev. 05/07/18

Page 23: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

Oregon Department of Justice

Petition for Public Records Order

When an individual is denied a request for public records from a state agency, that person may petition the Attorney General to issue a Public Records Order (PRO) by submitting this form to the Oregon Department of Justice (see Oregon Public Records and Meetings Law).

Requestor Name: Date: Address: City: State: Zip: Phone: Email:

I request the Attorney General to order the state agency named below to provide me with the following records (describe records):

(continued on page 2 if necessary)

Name of Agency: Date of Records Request: Date of Denial: Name of Official Who Denied Request:

Reasons for Denial, if Known (this information is optional but will help facilitate the Attorney General’s review):

(continued on page 2 if necessary)

Supporting documentation* will arrive by: � Email, � Mail or � Fax

You may submit this form to the Oregon Department of Justice by email, mail or fax to:

Email: [email protected] Mail: Office of the Attorney General, Oregon Department of Justice

1162 Court Street NE, Salem, OR 97301 Fax: 503-378-3784

*Note: Petitioners are encouraged to attach (or enclose) copies of any supporting documentation, such as agency correspondence, with the Petition for Public Records Order form. Supporting documentation may be sent separately, if necessary, but it must arrive in a timely manner for review and proper consideration. If you have any questions, you may contact the Department of Justice by email or by phone at 503-378- 4400 (see How to Contact Us).

Petition for Public Records Order Page 1 of 2 Rev. 05/07/18

Page 24: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

Describe Records and /or Reason for Denial Continued:

Petition for Public Records Order Page 2 of 2 Rev. 05/07/18

Page 25: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

3/30/19, 11(22 PMGmail - Fwd: PRR Alan Kessler (1) 2-25-19

Page 1 of 2https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&search=…msg-f%3A1628572973902779923&simpl=msg-f%3A1628572973902779923

Iain MacKenzie <[email protected]>

Fwd: PRR Alan Kessler (1) 2-25-19Alan Kessler <[email protected]> Wed, Mar 20, 2019 at 5:29 PMTo: Iain MacKenzie <[email protected]>

---------- Forwarded message ---------From: ROJAS Laura <[email protected]>Date: Wed, Mar 20, 2019 at 2:10 PMSubject: PRR Alan Kessler (1) 2-25-19To: [email protected] <[email protected]>

Good afternoon Alan,

Attached you will find 2 different estimates for the attached PRR, Alan Kessler (1) 2-25-19.

The 1st estimate is for the information in CADD file form.

The 2nd estimate is for the information in PDF form.

Please let me know if you would like to move forward and which estimate you are choosing.

Thank you,

Laura Rojas

Records Management, Public Records Requests & Special Projects Coordinator

ODOT HQ Region 1 | Highway Division

123 NW Flanders St. Portland, OR 97209

Direct: 503.731.3066|Fax: 503.731.8531

Page 26: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

3/30/19, 11(22 PMGmail - Fwd: PRR Alan Kessler (1) 2-25-19

Page 2 of 2https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&search…msg-f%3A1628572973902779923&simpl=msg-f%3A1628572973902779923

[email protected]

CONFIDENTIALITY NOTICEThis e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure underapplicable law. If you are not the addressee or it appears from the content, context or otherwise that you havereceived this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, andimmediately delete the message and any attachments from your system. Thank you.

3 attachments

PRR Alan Kessler (1) 2-25-19.pdf1022K

Alan Kessler (1) 2-25-19 Estimate 1.pdf86K

Alan Kessler (1) 2-25-19 Estimate 2.pdf86K

Page 27: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

3/30/19, 11(20 PMGmail - Fwd: PRR Alan Kessler (2) 2-25-19

Page 1 of 2https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&search…msg-f%3A1628564145983897202&simpl=msg-f%3A1628564145983897202

Iain MacKenzie <[email protected]>

Fwd: PRR Alan Kessler (2) 2-25-19Alan Kessler <[email protected]> Wed, Mar 20, 2019 at 3:09 PMTo: Iain MacKenzie <[email protected]>

---------- Forwarded message ---------From: Alan Kessler <[email protected]>Date: Wed, Mar 20, 2019 at 3:08 PMSubject: Re: PRR Alan Kessler (2) 2-25-19To: ROJAS Laura <[email protected]>

Laura,

Thanks for these estimates. Is there any explanation you can share for why creating PDFs of existing documentswould be so much more efficient than providing the files in their native format?

Thanks,Alan

On Wed, Mar 20, 2019 at 2:10 PM ROJAS Laura <[email protected]> wrote:

Good afternoon Alan,

Attached you will find 2 different estimates for the attached PRR, Alan Kessler (2) 2-25-19.

The 1st estimate is for the information in CADD file form.

The 2nd estimate is for the information in PDF form.

Please let me know if you would like to move forward and which estimate you are choosing.

Thank you,

Page 28: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

3/30/19, 11(20 PMGmail - Fwd: PRR Alan Kessler (2) 2-25-19

Page 2 of 2https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&search…msg-f%3A1628564145983897202&simpl=msg-f%3A1628564145983897202

Laura Rojas

Records Management, Public Records Requests & Special Projects Coordinator

ODOT HQ Region 1 | Highway Division

123 NW Flanders St. Portland, OR 97209

Direct: 503.731.3066|Fax: 503.731.8531

[email protected]

CONFIDENTIALITY NOTICEThis e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure underapplicable law. If you are not the addressee or it appears from the content, context or otherwise that you havereceived this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, andimmediately delete the message and any attachments from your system. Thank you.

Page 29: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

Page 1 of 2734-5146E (1/2018)

PUBLIC RECORDS REQUEST ACKNOWLEDGEMENT AND RECEIPT

Business Services Section MS 51 355 Capitol St. NE, Salem OR 97301

Phone: (503) 986-3273 Fax: (503) 986-4025

REQUESTOR NAMEAlan Kessler

TITLE DATE REQUEST RECEIVED

PHONE503 860 1020

FAX EMAIL [email protected]

FIRM OR TRADE NAME

MAILING ADDRESS2725 SE 36th Ave

CITYPortland

STATEOR

ZIP97202

In accordance with ORS 192.440(2), this is to acknowledge our receipt of your request for the following record(s): Please provide, in native formats, all CAD drawings (e.g. DWG, DGN, DXF, etc.) created or modified since June 1, 2018; which relate to the I-5 Rose Quarter Improvement Project. Please include for each CAD drawing all XREFs or other referenced documents, images, files, assets, etc. For purposes of clarification and without limitation: this request is intended to broadly include any computer assisted design (CAD) files depicting designs (including proposed or abandoned designs) related to construction, earth work, existing or proposed infrastructure, or land acquisition for the I-5 Rose Quarter Improvement Project.

Having reviewed your request, we are able to inform you that:Copies of all requested public records for which the Oregon Department of Transportation (ODOT) does not claim an exemption from disclosure under ORS 192.410 to 192.505 are enclosed.ODOT does not possess or is not the custodian of the requested record(s).No such records exist.ODOT is uncertain whether it possesses the requested record(s). We will search for the record and make an appropriate response as soon as practicable.ODOT is the custodian of at least some of the requested public records. It will require time before the public records may be inspected or copies of the records will be provided (see time estimate in comment section below). We estimate that there will be a fee for making the records available which you must pay as a condition of receiving the records (see cost estimate attached). ODOT is the custodian of at least some of the requested public records. We will provide an estimate of the time and fees for disclosure of the public records within a reasonable time (see cost estimate attached).

Comments: Estimate #1 CADD file form. Upon your approval and full payment, ODOT will began process on your Public Record Request.

Page 30: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

Page 2 of 2731-0794E (1/2018)

COST ESTIMATE FOR REQUESTED PUBLIC RECORDSPlease note that the first 30 minutes of record research and preparation is provided at no charge. The cost estimate below is for work in addition to the initial 30 minutes. If the Total Estimate Cost field is "$0.00", there is no charge for the request and a response from the requestor is not required. The following is a quote for costs for the public records requested from ODOT:ESTIMATE PREPARED FORAlan Kessler

EST. DATE RECORDS WILL BE READY25 business days

ADDRESS2725 SE 36th Ave

CITYPortland

STATEOR

ZIP

[email protected]

PHONE503 860 1020

Full rate Reduced rate (with approved waiver)

TYPE OF SERVICE HOURLY RATE CHARGED COST PER INCREMENTNUMBER OF 6-MINUTE

(0.1 HOUR) INCREMENTS TOTAL HOURS TOTAL

Clerical $25.00 $2.50 0 $0.00 Managerial $40.00 $4.00 0 $0.00 Professional $75.00 $7.50 800 80 $6,000.00 Department of Justice Actual cost

SERVICES TOTAL $6,000.00

COPIES COST PER PAGE QUANTITY TOTAL

Black-and-white copies $0.07 $0.00 Color copies $0.35 $0.00

COPIES TOTAL: $0.00

OTHER CHARGES COST EACH QUANTITY TOTAL

Shipping

OTHER CHARGES TOTAL:

TOTAL ESTIMATE: $6,000.00 NOTES/COMMENTS

PREPARED BYLaura Rojas

UNIT NAMERegion 1 Records Management Coordinator

[email protected]

PHONE503-731-3066

FAX503-731-8259

Please respond within 60 days to accept this quote; work will begin as soon as ODOT receives the response. If ODOT does not receive a response within 60 days, the records request will be canceled. If the Total Estimate Cost field is "$0.00", there is no charge for the request and a response from the requestor is not required. Requester response Please respond with one of the following options: 1. YES, I accept this quote; begin records research and preparation 2. NO, I decline this quote; cancel this records request. Send your response by email to [email protected] or fax to 503-731-8259.

Page 31: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

Page 1 of 2734-5146E (1/2018)

PUBLIC RECORDS REQUEST ACKNOWLEDGEMENT AND RECEIPT

Business Services Section MS 51 355 Capitol St. NE, Salem OR 97301

Phone: (503) 986-3273 Fax: (503) 986-4025

ODOT User: Complete the form below and click the Save button above to save this form with an appropriate, unique name. Click the Finish button on Page 2 to prepare the form to be printed for mailing or sent by email to the customer. Clicking the Finish button will make this text block disappear and will make the form fields no longer fillable.

To email this completed form to the requestor: File>Print>Adobe PDF or PDFMaker, attach PDF to email.REQUESTOR NAMEAlan Kessler

TITLE DATE REQUEST RECEIVED

PHONE503 860 1020

FAX EMAIL [email protected]

FIRM OR TRADE NAME

MAILING ADDRESS2725 SE 36th Ave

CITYPortland

STATEOR

ZIP97202

In accordance with ORS 192.440(2), this is to acknowledge our receipt of your request for the following record(s): Please provide, in native formats, all CAD drawings (e.g. DWG, DGN, DXF, etc.) created or modified since June 1, 2018; which relate to the I-5 Rose Quarter Improvement Project. Please include for each CAD drawing all XREFs or other referenced documents, images, files, assets, etc. For purposes of clarification and without limitation: this request is intended to broadly include any computer assisted design (CAD) files depicting designs (including proposed or abandoned designs) related to construction, earth work, existing or proposed infrastructure, or land acquisition for the I-5 Rose Quarter Improvement Project.

Having reviewed your request, we are able to inform you that:Copies of all requested public records for which the Oregon Department of Transportation (ODOT) does not claim an exemption from disclosure under ORS 192.410 to 192.505 are enclosed.ODOT does not possess or is not the custodian of the requested record(s).No such records exist.ODOT is uncertain whether it possesses the requested record(s). We will search for the record and make an appropriate response as soon as practicable.ODOT is the custodian of at least some of the requested public records. It will require time before the public records may be inspected or copies of the records will be provided (see time estimate in comment section below). We estimate that there will be a fee for making the records available which you must pay as a condition of receiving the records (see cost estimate attached). ODOT is the custodian of at least some of the requested public records. We will provide an estimate of the time and fees for disclosure of the public records within a reasonable time (see cost estimate attached).

Comments: Estimate #2 PDF form. Upon your approval and full payment, ODOT will began process on your Public Record Request.

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Page 2 of 2731-0794E (1/2018)

COST ESTIMATE FOR REQUESTED PUBLIC RECORDSPlease note that the first 30 minutes of record research and preparation is provided at no charge. The cost estimate below is for work in addition to the initial 30 minutes. If the Total Estimate Cost field is "$0.00", there is no charge for the request and a response from the requestor is not required. The following is a quote for costs for the public records requested from ODOT:ESTIMATE PREPARED FORAlan Kessler

EST. DATE RECORDS WILL BE READY5 business days

ADDRESS2725 SE 36th Ave

CITYPortland

STATEOR

ZIP

[email protected]

PHONE503 860 1020

Full rate Reduced rate (with approved waiver)

TYPE OF SERVICE HOURLY RATE CHARGED COST PER INCREMENTNUMBER OF 6-MINUTE

(0.1 HOUR) INCREMENTS TOTAL HOURS TOTAL

Clerical $25.00 $2.50 0 $0.00 Managerial $40.00 $4.00 0 $0.00 Professional $75.00 $7.50 140 14 $1,050.00 Department of Justice Actual cost

SERVICES TOTAL $1,050.00

COPIES COST PER PAGE QUANTITY TOTAL

Black-and-white copies $0.07 $0.00 Color copies $0.35 $0.00

COPIES TOTAL: $0.00

OTHER CHARGES COST EACH QUANTITY TOTAL

Shipping

OTHER CHARGES TOTAL:

TOTAL ESTIMATE: $1,050.00 NOTES/COMMENTS

PREPARED BYLaura Rojas

UNIT NAMERegion 1 Records Management Coordinator

[email protected]

PHONE503-731-3066

FAX503-731-8259

Please respond within 60 days to accept this quote; work will begin as soon as ODOT receives the response. If ODOT does not receive a response within 60 days, the records request will be canceled. If the Total Estimate Cost field is "$0.00", there is no charge for the request and a response from the requestor is not required. Requester response Please respond with one of the following options: 1. YES, I accept this quote; begin records research and preparation 2. NO, I decline this quote; cancel this records request. Send your response by email to [email protected] or fax to 503-731-8259.

Page 33: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

Page 1 of 2734-5146E (1/2018)

PUBLIC RECORDS REQUEST ACKNOWLEDGEMENT AND RECEIPT

Business Services Section MS 51 355 Capitol St. NE, Salem OR 97301

Phone: (503) 986-3273 Fax: (503) 986-4025

ODOT User: Complete the form below and click the Save button above to save this form with an appropriate, unique name. Click the Finish button on Page 2 to prepare the form to be printed for mailing or sent by email to the customer. Clicking the Finish button will make this text block disappear and will make the form fields no longer fillable.

To email this completed form to the requestor: File>Print>Adobe PDF or PDFMaker, attach PDF to email.REQUESTOR NAMEAlan Kessler

TITLE DATE REQUEST RECEIVED

PHONE503 860 1020

FAX EMAIL [email protected]

FIRM OR TRADE NAME

MAILING ADDRESS2725 SE 36th Ave

CITYPortland

STATEOR

ZIP97202

In accordance with ORS 192.440(2), this is to acknowledge our receipt of your request for the following record(s): Related to the I-5 Rose Quarter Improvement project, the most recent copy of the following drawing types: Sheet Layout Plans Typical Sections Horizontal Alignment Plans Street Profiles Street Plans Permanent Striping Plans Please provide these documents in native formats, including all XREFS or other cross-referenced files.

Having reviewed your request, we are able to inform you that:Copies of all requested public records for which the Oregon Department of Transportation (ODOT) does not claim an exemption from disclosure under ORS 192.410 to 192.505 are enclosed.ODOT does not possess or is not the custodian of the requested record(s).No such records exist.ODOT is uncertain whether it possesses the requested record(s). We will search for the record and make an appropriate response as soon as practicable.ODOT is the custodian of at least some of the requested public records. It will require time before the public records may be inspected or copies of the records will be provided (see time estimate in comment section below). We estimate that there will be a fee for making the records available which you must pay as a condition of receiving the records (see cost estimate attached). ODOT is the custodian of at least some of the requested public records. We will provide an estimate of the time and fees for disclosure of the public records within a reasonable time (see cost estimate attached).

Comments: Estimate #1 CADD file form. Upon your approval and full payment, ODOT will began process on your Public Record Request.

Page 34: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

Page 2 of 2731-0794E (1/2018)

COST ESTIMATE FOR REQUESTED PUBLIC RECORDSPlease note that the first 30 minutes of record research and preparation is provided at no charge. The cost estimate below is for work in addition to the initial 30 minutes. If the Total Estimate Cost field is "$0.00", there is no charge for the request and a response from the requestor is not required. The following is a quote for costs for the public records requested from ODOT:ESTIMATE PREPARED FORAlan Kessler

EST. DATE RECORDS WILL BE READY15 business days

ADDRESS2725 SE 36th Ave

CITYPortland

STATEOR

ZIP

[email protected]

PHONE503 860 1020

Full rate Reduced rate (with approved waiver)

TYPE OF SERVICE HOURLY RATE CHARGED COST PER INCREMENTNUMBER OF 6-MINUTE

(0.1 HOUR) INCREMENTS TOTAL HOURS TOTAL

Clerical $25.00 $2.50 0 $0.00 Managerial $40.00 $4.00 0 $0.00 Professional $75.00 $7.50 300 30 $2,250.00 Department of Justice Actual cost

SERVICES TOTAL $2,250.00

COPIES COST PER PAGE QUANTITY TOTAL

Black-and-white copies $0.07 $0.00 Color copies $0.35 $0.00

COPIES TOTAL: $0.00

OTHER CHARGES COST EACH QUANTITY TOTAL

Shipping

OTHER CHARGES TOTAL:

TOTAL ESTIMATE: $2,250.00 NOTES/COMMENTS

PREPARED BYLaura Rojas

UNIT NAMERegion 1 Records Management Coordinator

[email protected]

PHONE503-731-3066

FAX503-731-8259

Please respond within 60 days to accept this quote; work will begin as soon as ODOT receives the response. If ODOT does not receive a response within 60 days, the records request will be canceled. If the Total Estimate Cost field is "$0.00", there is no charge for the request and a response from the requestor is not required. Requester response Please respond with one of the following options: 1. YES, I accept this quote; begin records research and preparation 2. NO, I decline this quote; cancel this records request. Send your response by email to [email protected] or fax to 503-731-8259.

Page 35: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

Page 1 of 2734-5146E (1/2018)

PUBLIC RECORDS REQUEST ACKNOWLEDGEMENT AND RECEIPT

Business Services Section MS 51 355 Capitol St. NE, Salem OR 97301

Phone: (503) 986-3273 Fax: (503) 986-4025

ODOT User: Complete the form below and click the Save button above to save this form with an appropriate, unique name. Click the Finish button on Page 2 to prepare the form to be printed for mailing or sent by email to the customer. Clicking the Finish button will make this text block disappear and will make the form fields no longer fillable.

To email this completed form to the requestor: File>Print>Adobe PDF or PDFMaker, attach PDF to email.REQUESTOR NAMEAlan Kessler

TITLE DATE REQUEST RECEIVED

PHONE503 860 1020

FAX EMAIL [email protected]

FIRM OR TRADE NAME

MAILING ADDRESS2725 SE 36th Ave

CITYPortland

STATEOR

ZIP97202

In accordance with ORS 192.440(2), this is to acknowledge our receipt of your request for the following record(s): Related to the I-5 Rose Quarter Improvement project, the most recent copy of the following drawing types: Sheet Layout Plans Typical Sections Horizontal Alignment Plans Street Profiles Street Plans Permanent Striping Plans Please provide these documents in native formats, including all XREFS or other cross-referenced files.

Having reviewed your request, we are able to inform you that:Copies of all requested public records for which the Oregon Department of Transportation (ODOT) does not claim an exemption from disclosure under ORS 192.410 to 192.505 are enclosed.ODOT does not possess or is not the custodian of the requested record(s).No such records exist.ODOT is uncertain whether it possesses the requested record(s). We will search for the record and make an appropriate response as soon as practicable.ODOT is the custodian of at least some of the requested public records. It will require time before the public records may be inspected or copies of the records will be provided (see time estimate in comment section below). We estimate that there will be a fee for making the records available which you must pay as a condition of receiving the records (see cost estimate attached). ODOT is the custodian of at least some of the requested public records. We will provide an estimate of the time and fees for disclosure of the public records within a reasonable time (see cost estimate attached).

Comments: Estimate #2 PDF form. Upon your approval and full payment, ODOT will began process on your Public Record Request.

Page 36: I5 Rose Quarter Letter 1 - WordPress.com · Iain MacKenzie 915 SE 35th Ave, #207 Portland, OR 97214 March 31st, 2019 I5 Rose Quarter Project – Public Comment Process I believe that

Page 2 of 2731-0794E (1/2018)

COST ESTIMATE FOR REQUESTED PUBLIC RECORDSPlease note that the first 30 minutes of record research and preparation is provided at no charge. The cost estimate below is for work in addition to the initial 30 minutes. If the Total Estimate Cost field is "$0.00", there is no charge for the request and a response from the requestor is not required. The following is a quote for costs for the public records requested from ODOT:ESTIMATE PREPARED FORAlan Kessler

EST. DATE RECORDS WILL BE READY4 business days

ADDRESS2725 SE 36th Ave

CITYPortland

STATEOR

ZIP

[email protected]

PHONE503 860 1020

Full rate Reduced rate (with approved waiver)

TYPE OF SERVICE HOURLY RATE CHARGED COST PER INCREMENTNUMBER OF 6-MINUTE

(0.1 HOUR) INCREMENTS TOTAL HOURS TOTAL

Clerical $25.00 $2.50 0 $0.00 Managerial $40.00 $4.00 0 $0.00 Professional $75.00 $7.50 80 8 $600.00 Department of Justice Actual cost

SERVICES TOTAL $600.00

COPIES COST PER PAGE QUANTITY TOTAL

Black-and-white copies $0.07 $0.00 Color copies $0.35 $0.00

COPIES TOTAL: $0.00

OTHER CHARGES COST EACH QUANTITY TOTAL

Shipping

OTHER CHARGES TOTAL:

TOTAL ESTIMATE: $600.00 NOTES/COMMENTS

PREPARED BYLaura Rojas

UNIT NAMERegion 1 Records Management Coordinator

[email protected]

PHONE503-731-3066

FAX503-731-8259

Please respond within 60 days to accept this quote; work will begin as soon as ODOT receives the response. If ODOT does not receive a response within 60 days, the records request will be canceled. If the Total Estimate Cost field is "$0.00", there is no charge for the request and a response from the requestor is not required. Requester response Please respond with one of the following options: 1. YES, I accept this quote; begin records research and preparation 2. NO, I decline this quote; cancel this records request. Send your response by email to [email protected] or fax to 503-731-8259.

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3/30/19, 11(33 PMGmail - Request of I-5/Rose Quarter documents and extension of public comment period

Page 1 of 1https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&search=…msg-f%3A1628732671222338870&simpl=msg-f%3A1628732671222338870

Iain MacKenzie <[email protected]>

Request of I-5/Rose Quarter documents and extension of public comment periodRithy Khut <[email protected]> Fri, Mar 22, 2019 at 11:48 AMTo: Commissioner Eudaly <[email protected]>, [email protected],[email protected], "Runkel, Marshall" <[email protected]>Cc: Elliot Scott <[email protected]>, "Geller, Roger" <[email protected]>, Iain Mackenzie<[email protected]>

Dear Commissioner Eudaly and Manager Rian Windsheimer,

I was alerted by one of my members that he recently had to initiate a public records request to obtain documentsconcerning the I-5 Rose Quarter Improvement Project ("RQIP"). As we are currently in the public comment period ofthe RQIP, I would like to understand why a FOIA is necessary to obtain those documents and why those documentsare not available to the public. As Manager Windsheimer stated during the Public Hearing, ODOT would all provide allof the data associated with the project.

Therefore, I respectively request that those documents be provided, either directly from ODOT or from the City ofPortland Bureau of Transportation. As an advisory body to the City of Portland that consist of a wide cross-section ofPortlanders who come together to advise City in regards to bicycling and other forms of active transportation, thesedocuments are critical to our review of the project and understanding of quality of bicycle facilities and directness ofthose facilities to places of interested.

From my understanding, the FOIA request was for all drawings submitted to the City of Portland since June 1, 2018by, or on behalf of, the Oregon Department of Transportation ("ODOT"), for the I-5 Rose Quarter Improvement Project("RQIP"). For purposes of clarification and without limitation: this request is intended to broadly include the 5% (orcurrent level) design engineering drawings, showing potential designs for infrastructure in or land acquisition for theRQIP.

Please let me know if PBOT or ODOT is able to meet this request for documents and if the public commentwindow will be extended to allow for the review of these documents. ----Rithy Khut, ChairPortland Bicycle Advisory CommitteePreferred pronouns: (he / him / his)

LinkedIn | Facebook | Instagram | Twitter

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3/31/19, 12(01 AMGmail - Fwd: PRR Alan Kessler (1) 2-25-19

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Iain MacKenzie <[email protected]>

Fwd: PRR Alan Kessler (1) 2-25-19Alan Kessler <[email protected]> Fri, Mar 29, 2019 at 2:44 PMTo: Iain MacKenzie <[email protected]>, Rachel Monahan <[email protected]>

My communication with Laura from ODOT after I received the estimates.

---------- Forwarded message ---------From: ROJAS Laura <[email protected]>Date: Tue, Mar 26, 2019 at 2:31 PMSubject: RE: PRR Alan Kessler (1) 2-25-19To: Alan Kessler <[email protected]>

Great!

Please come to the address below on my signature box. There is parking in the front for visitors.

On arrival please let the guard know that you are here to see Mark Johnson and that he is expecting you.

Let me know if you have any other questions.

Thank you,

Laura Rojas

Records Management, Public Records Requests & Special Projects Coordinator

ODOT HQ Region 1 | Highway Division

123 NW Flanders St. Portland, OR 97209

Direct: 503.731.3066|Fax: 503.731.8531

[email protected]

CONFIDENTIALITY NOTICEThis e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under

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3/31/19, 12(01 AMGmail - Fwd: PRR Alan Kessler (1) 2-25-19

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applicable law. If you are not the addressee or it appears from the content, context or otherwise that you havereceived this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, andimmediately delete the message and any attachments from your system. Thank you.

From: Alan Kessler <[email protected]>

[Quoted text hidden]

[Quoted text hidden][Quoted text hidden]

[Quoted text hidden][Quoted text hidden]

[Quoted text hidden][Quoted text hidden]

[Quoted text hidden]

Laura Rojas

Records Management, Public Records Requests & Special Projects Coordinator

ODOT HQ Region 1 | Highway Division

123 NW Flanders St. Portland, OR 97209

Direct: 503.731.3066|Fax: 503.731.8531

[email protected]

CONFIDENTIALITY NOTICEThis e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure underapplicable law. If you are not the addressee or it appears from the content, context or otherwise that you havereceived this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, andimmediately delete the message and any attachments from your system. Thank you.

From: Alan Kessler <[email protected]> Sent: Monday, March 25, 2019 5:20 PMTo: ROJAS Laura <[email protected]>Subject: Re: PRR Alan Kessler (1) 2-25-19

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3/31/19, 12(01 AMGmail - Fwd: PRR Alan Kessler (1) 2-25-19

Page 3 of 4https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&search…msg-f%3A1629377947542545625&simpl=msg-f%3A1629377947542545625

Laura,

On Thursday, when we spoke you were going to speak with the engineer (Mike, I believe) to get anexplanation for the difference in cost and time delay for native files versus PDF files. Were you able to discussthis with him today?

Thank you,

Alan

On Thu, Mar 21, 2019 at 2:57 PM Alan Kessler <[email protected]> wrote:

Thanks, Laura. In the meantime, can you tell me whether the $75/hour professional time listed in theestimates is all the engineer's time?

Thanks!

Alan

On Thu, Mar 21, 2019 at 2:40 PM ROJAS Laura <[email protected]> wrote:

Good afternoon Alan,

The Engineer in charge of these CADD files is out until Monday.

I will contact you on Monday with details.

Thank you,

Laura Rojas

Records Management, Public Records Requests & Special Projects Coordinator

ODOT HQ Region 1 | Highway Division

123 NW Flanders St. Portland, OR 97209

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3/31/19, 12(01 AMGmail - Fwd: PRR Alan Kessler (1) 2-25-19

Page 4 of 4https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&search…msg-f%3A1629377947542545625&simpl=msg-f%3A1629377947542545625

Direct: 503.731.3066|Fax: 503.731.8531

[email protected]

CONFIDENTIALITY NOTICEThis e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosureunder applicable law. If you are not the addressee or it appears from the content, context or otherwisethat you have received this e-mail in error, please advise me immediately by reply e-mail, keep thecontents confidential, and immediately delete the message and any attachments from your system. Thank you.

From: Alan Kessler <[email protected]> Sent: Wednesday, March 20, 2019 3:09 PMTo: ROJAS Laura <[email protected]>Subject: Re: PRR Alan Kessler (1) 2-25-19

Laura,

Thank you. Can you help me understand why producing PDFs is so much less time-intensive thancopying files in their present format?

Thanks,

Alan

[Quoted text hidden]

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3/30/19, 11(52 PMGmail - City Public Records Request :: C093431-031219

Page 1 of 1https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&search=a…read-f%3A1629182162130215490&simpl=msg-f%3A1629182162130215490

Iain MacKenzie <[email protected]>

City Public Records Request :: C093431-0312191 message

Portland Public Records Request Center <[email protected]> Wed, Mar 27, 2019 at 10:53 AMTo: "[email protected]" <[email protected]>

--- Please respond above this line ---

RE: City Public Records Request of March 12, 2019 Reference #C093431-031219

Dear Iain, The City received a Public Records Request from you on March 12, 2019 for the following: "Please provide: all drawings submitted to the City of Portland since June 1, 2018 by, or on behalf of, theOregon Department of Transportation ("ODOT"), for the I-5 Rose Quarter Improvement Project ("RQIP").

For purposes of clarification and without limitation: this request is intended to broadly include the 5% (orcurrent level) design engineering drawings, showing potential designs for infrastructure in or land acquisitionfor the RQIP." The requested records are available online at the Portland Public Records Request Center by going to "My PublicRecords Request Center," "View My Requests" and clicking the button "View Files." Please note, if you have been provided with emails or text messages as a part of your request, they may have beenconverted to Greenwich Mean Time (GMT).

The City now considers your request fulfilled and it will be closed. Please note, messages sent on closed requests willnot be monitored. Sincerely, TOSIN ABIODUNConstituent Service Coordinator503-823-5080 If you are having technical difficulties with the website, please contact the website administrator by phone or email. (503) 823-6040 or [email protected]

To monitor the progress or update your request click here: Portland Public Records Request Center

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C093431-031219 - City Public Records Request

Message History (4)

On 3/27/2019 10:52:59 AM, Portland Public Records Request Center wrote:

Subject: City Public Records Request :: C093431-031219Body: RE: City Public Records Request of March 12, 2019 Reference #C093431-031219

Dear Iain, The City received a Public Records Request from you on March 12, 2019 for the following: "Please provide: all drawings submitted to the City of Portland since June 1, 2018 by, or on behalf of, theOregon Department of Transportation ("ODOT"), for the I-5 Rose Quarter Improvement Project ("RQIP").

For purposes of clarification and without limitation: this request is intended to broadly include the 5% (or current level) design engineering drawings, showing potential designs for infrastructure in or land acquisition for the RQIP." The requested records are available online at the Portland Public Records Request Center by going to "My Public Records Request Center," "View My Requests" and clicking the button "View Files." Please note, if you have been provided with emails or text messages as a part of your request, they may have been converted to Greenwich Mean Time (GMT).

The City now considers your request fulfilled and it will be closed. Please note, messages sent on closed requests will not be monitored. Sincerely, TOSIN ABIODUNConstituent Service Coordinator503-823-5080 If you are having technical difficulties with the website, please contact the website administrator by phone or email. (503) 823-6040 or [email protected]

Page 1

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On 3/26/2019 11:14:38 AM, Portland Public Records Request Center wrote:

Subject: City Public Records Request :: C093431-031219Body: Hi Ian Mackenzie, Thank you for submitting your public records request to the Portland Bureau of Transportation. I am writing to let you know that we are working on your request and waiting for Attorney review to be completed. Once the review process is completed, I will share updates with you.

On 3/12/2019 9:54:57 AM, Portland Public Records Request Center wrote:

Dear Iain:

The City of Portland acknowledges receipt of your Public Records Request. Your request was received in this office on March 12, 2019 and given the reference number C093431-031219 for tracking purposes.

Record Requested: Please provide: all drawings submitted to the City of Portland since June 1, 2018 by, or on behalf of, the Oregon Department of Transportation ("ODOT"), for the I-5 Rose Quarter Improvement Project ("RQIP").

For purposes of clarification and without limitation: this request is intended to broadly include the 5% (or current level) design engineering drawings, showing potential designs for infrastructure in or land acquisition for the RQIP.

At this time, the City is uncertain whether it is the custodian of the requested record. The City will review your request to determine if it has responsive records. The City will then gather an estimate of the costs to provide copies of requested public records for which the City does not claim an exemption from disclosure. The City is permitted to charge its actual costs to provide records. Fees include research time to locate and analyze the requested records, even if no records are located or if the requested records are determined to be exempt from disclosure.

You can monitor the progress of your request at the link below. Thank you for using the Portland Public Records Request Center.

To monitor the progress or update your request click here: Portland Public Records Request Center

On 3/12/2019 9:54:55 AM, Iain MacKenzie wrote:

Request was created by customer

Page 2

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3/30/19, 11(39 PMGmail - Request of I-5/Rose Quarter documents and extension of public comment period

Page 1 of 2https://mail.google.com/mail/u/0?ik=5c3569b690&view=pt&search=…=msg-f%3A1629112600116449107&simpl=msg-f%3A1629112600116449107

Iain MacKenzie <[email protected]>

Request of I-5/Rose Quarter documents and extension of public comment periodCHANNELL Megan <[email protected]> Tue, Mar 26, 2019 at 4:27 PMTo: Rithy Khut <[email protected]>, Commissioner Eudaly <[email protected]>, WINDSHEIMER Rian M<[email protected]>, "Runkel, Marshall" <[email protected]>Cc: Elliot Scott <[email protected]>, "Geller, Roger" <[email protected]>, Iain Mackenzie<[email protected]>, "Reff, Caitlin" <[email protected]>

Dear Rithy,

Thank you for reaching out about the I-5 Rose Quarter Improvement Project documents. Rian is currently out of theoffice, so I wanted to follow up on where you can find the available project drawings.

The preliminary engineering drawing for the Project is available on the project website (https://i5rosequarter.org/news-library/) – see the link for the “Preliminary Civil Design Plan.” This preliminary engineering drawing was madeavailable to the public following a request we received through the I-5 Rose Quarter project email.

A project map illustrating the project features and their locations also has been on the project website for the durationof the environmental study process, beginning in Fall 2017. This map is available at the same website noted above,under “Project Information / Project Area Map.”

The Environmental Assessment and the Technical Reports also include Project drawings and illustrations to depict theproposed Project features. Section 2 of the Environmental Assessment also provides a written project description.

In consultation with the Federal Highway Administration (FHWA), the 45-day public comment period for theEnvironmental Assessment (ending on April 1, 2019 at 5pm) will not be extended, as the information in the posteddrawings is described and illustrated in the Environmental Assessment.

Thank you for your ongoing interest and participation in the environmental review process for the I-5 Rose QuarterImprovement Project.

Sincerely,

Megan

Megan Channell, AICP

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3/30/19, 11(39 PMGmail - Request of I-5/Rose Quarter documents and extension of public comment period

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Rose Quarter Program Manager

Oregon Department of Transportation Region 1

123 NW Flanders Street

Portland, OR 97209

[email protected]

Office: (503) 731-3087

Cell: (503) 509-5882