4704 HARBOR LN 2018-01-02 MF Import

(w City Attorney's O n1EN110RAN1)Un1 TO: Police Department Planning Department Public Works Department Clerk's Office Administration Legal Department Council FR0IN1: Katie Rathbun, Assistant City Attorney DATE: December 2, 2009 Re: Preservation of Records Regarding the June Tree Cutting Near Merrill and Ring Creek (4704 Harbor Lane). Due to I,gal proceedings arising from a tree cutting and landslide on property to the northwest ol'4704 I larbor Lane (cun-ently known as the "Chase property"), the City Attomey's Office is requiring that City employees hold and not delete or destroy documents related to this matter. In late June 2009 the Andersons, who reside at 4704 Harbor Lane, Everett, cut several trees on a steep slope (a critical area) situated on their and the Chase property. A few weeks later a landslide occurred on part of the altered slope. Since that time the Code Enforcement Unit, together with severrl other City departments, has been entbi-sing the City's critical areas ordinance against the Andersons' by seeking the restoration and stabilization of the slope. The Everett Police Department has also conducted a criminal investigation in this matter. The City has an obligation in these legal proceedings to preserve all records that may be relevant to the Claim or defense of any party. This is a broad requirement that generally obligates parties or potential parties to retain :sil documents in any firm that may potentially relate to the legal proceeding. Responsive documents include, but are not limited to: • Any documents such as cmails regarding the tree cutting or landslide near Merrill and Ring Creek, or legal proceedings in this matter • Any documents relied to the restorationand nd stabilization of the slope near Merrill :aid Ring Creek, including bill not limited to permits, designs, drawings, and other restoration or stabilization plans • Any handwritten notes Please keep in mind that "document' includes more than hard -copy ,)aper documents. The obligation to preserve covers documtents, data, and records in the broadest possible sense, including electronically stored documents even if not available in hard copy: e-mails; Document Hold Alento Page l of