259 in the superior court of the state of california in ...€¦ · 28/02/2018 · the court:...
TRANSCRIPT
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
DEPARTMENT 72 HON. TIMOTHY B. TAYLOR
SPOTLIGHT ON COASTAL CORRUPTION, AND DOES 1 THROUGH 10,
PLAINTIFFS,
VS.
STEVE KINSEY; ERIK HOWELL; MARTHA MCCLURE; WENDY MITCHELL, MARK VARGAS, AND DOES 11 THROUGH 100,
DEFENDANTS._____________________________
))))))))))))))
CASE NO.37-2016-00028494-CU-MC-CTL
REPORTER'S TRANSCRIPT
WEDNESDAY, FEBRUARY 28, 2018
APPEARANCES ON NEXT PAGE
LOIS MASON THOMPSON, CSR, RPR, CRRCSR NO. 3685
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APPEARANCES:
FOR THE PLAINTIFFS SPOTLIGHT ON COASTAL CORRUPTION:
BRIGGS LAW CORPORATIONBY: CORY J. BRIGGS 99 EAST C STREET SUITE 111 UPLAND, CALIFORNIA 91786 909.949.7115
CALIFORNIA PUBLIC-INTEREST ADVOCATES GUILDBY: VICTORIA H. CLARKE
MONIQUE WARDENAAR 4452 PARK BOULEVARD SUITE 310 SAN DIEGO, CALIFORNIA 92116 619.500.3209
FOR THE DEFENDANTS STEVE KINSEY; ERIK HOWELL; MARTHA MCCLURE; WENDY MITCHELL, MARK VARGAS:
DEPARTMENT OF JUSTICE - OFFICE OF THE ATTORNEY GENERALBY: JOEL S. JACOBS LAUREN PACKARD1515 CLAY STREET SUITE 2000 OAKLAND, CALIFORNIA 94612-0550 510.879.0279
FOR THE DEFENDANT WENDY MITCHELL:
KAUFMAN LEGAL GROUP BY: GARY S. WINUK 1201 K STREET SUITE 800 SACRAMENTO, CALIFORNIA 95814 916.498.7715
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I N D E X
SPOTLIGHT ON COASTAL CORRUPTION VS. STEVE KINSEY; ERIK HOWELL; MARTHA MCCLURE; WENDY MITCHELL, MARK VARGAS
DATE PAGE
WEDNESDAY, FEBRUARY 28, 2018 AM SESSION 264WEDNESDAY, FEBRUARY 28, 2018 PM SESSION 383
CHRONOLOGICAL INDEX OF WITNESSES
WITNESSES PAGE
WENDY MITCHELL (PER 776 RESUMED CROSS-EXAMINATION BY MR. JACOBS
264
REDIRECT EXAMINATION BY MR. BRIGGS
302
RECROSS-EXAMINATION BY MR. JACOBS
313
MARTHA MCCLURE (PER 776),
DIRECT EXAMINATION BY MR. BRIGGS
318
FRANK ANGEL,
DIRECT EXAMINATION BY MR. BRIGGS
337
CROSS-EXAMINATION BY MR. JACOBS
354
MARTHA MCCLURE (PER 776 RESUMED) DIRECT EXAMINATION BY MR. BRIGGS
368
CROSS-EXAMINATION BY MR. JACOBS
445
REDIRECT EXAMINATION BY MR. BRIGGS
456
RECROSS-EXAMINATIONBY MR. JACOBS
474
RECROSS-EXAMINATION (FURTHER) BY MR. BRIGGS
478
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MARK VARGAS (PER 776),
DIRECT EXAMINATION BY MR. BRIGGS
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I N D E X
SPOTLIGHT ON COASTAL CORRUPTION VS. STEVE KINSEY; ERIK HOWELL; MARTHA MCCLURE; WENDY MITCHELL, MARK VARGAS
WEDNESDAY, FEBRUARY 28, 2018
EXHIBITS RECEIVED IN EVIDENCE
COURTS PAGE
202377
215, PAGES 758 THROUGH 761 388
215, PAGES 786 AND 787 389
215, PAGES 792 THROUGH 807 395
777 396
812 434
813 435
NOTE: THIS INDEX REPRESENTS THE REPORTER'S BEST EFFORTS
TO INCLUDE ALL RECEIVED EXHIBITS. NOT ALL EXHIBITS ARE
MARKED WHILE ON THE RECORD. PLEASE REFER TO CLERK'S
MINUTES IF ANY CONTROVERSY ARISES.
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San Diego, California, Wednesday, February 28, 2018
AM Session
---000---
THE COURT: Good morning, folks.
MR. BRIGGS: Good morning, Your Honor.
MR. JACOBS: Good morning, Your Honor.
MS. CLARKE: Good morning, Your Honor.
MS. WARDENAAR: Good morning, Your Honor.
THE COURT: Ma'am, you remain under oath from
yesterday.
THE WITNESS: Yes, sir.
WENDY MITCHELL (PER 776 RESUMED),
Having been previously sworn by the Plaintiff, resumed
the stand and testified further as follows:
THE COURT: Okay. Mr. Jacobs, you may resume
your friendly cross, sir.
MR. JACOBS: Thank you, Your Honor.
CROSS-EXAMINATION
BY MR. JACOBS:
Q. Good morning, Ms. Mitchell.
A. Good morning.
Q. When you were a commissioner and you would
have ex parte communications with various persons, do
you recall any instances where the information that you
received in the ex parte communication was different
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from the information that was generally presented at the
hearing?
A. No, sir, I don't recall that ever being the
case.
Q. Did Coastal Commission staff ever orally
inform you that there were problems with your
disclosures of ex partes?
A. No. Oh, I'm sorry. As I mentioned before, at
some point one of the staff brought to the attention
that instead of doing it on the mic, it needed to be in
writing prior to the seven days, and so then I changed
my practice.
Q. Did they -- did the Coastal Commission staff
ever inform you in writing that there were problems with
your ex parte disclosures?
A. No.
Q. Did the Coastal Commission staff, in any other
way, inform you that there were problems with your
ex parte disclosures?
A. No, sir.
Q. Did Costal Commission staff ever ask you --
other than what you have already testified to, did
Coastal Commission staff ever ask you to change the way
that you were disclosing ex partes?
A. No, sir.
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THE COURT: I thought you just said they did.
THE WITNESS: Oh, well, they clarified the
rule that it had to be in writing before the seven days.
And so then instead of doing it on the mic, I did it in
writing prior to the seven days. But most of mine were
on the mic because I tried to do my ex partes in --
after the staff report had come out.
Does that make sense?
THE COURT: No.
You confused me completely.
THE WITNESS: I apologize.
THE COURT: Maybe Counsel can help you clarify
this.
MR. JACOBS: Certainly.
BY MR. JACOBS:
Q. So at one point you testified that staff
advised you that you should be -- there's a need to do
more ex parte disclosure in writing.
You have testified about that; right?
A. That's -- it's seven days in advance that it
had to be in writing. I was under the impression and
following -- the intent was to give the information at
the hearing so that everyone participating knew what I
knew.
Q. Okay. So other than the message from staff
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that you should be doing more written disclosures of
your ex partes, did staff ever ask you to change the way
that you were disclosing ex partes?
A. No, sir.
Q. Did you -- so putting aside staff, did you
receive -- during that period you were a commissioner,
did you receive information from any outside parties
that there were concerns about your disclosure of
ex partes? And for purposes of this question, let's
exclude this lawsuit because, obviously, there are a lot
of allegations in this lawsuit.
Did other people -- question withdrawn.
Did anyone ever --
THE COURT: I need to stop you, if I may,
Mr. Jacobs.
MR. JACOBS: Yes, sir.
THE COURT: Ma'am, in thinking about your
testimony from yesterday and today on the subject that
we're now discussing, have you been able to focus on a
date -- even a month and year -- on which -- at which
time the staff came to you and said, "You are not doing
this right, you need to start doing it in writing
instead of all on the mic"?
Are you able to give me even a month and a
year when that conversation occurred?
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THE WITNESS: No, sir. It was --
THE COURT: You are telling me that there's no
paper, no piece of paper, no memorandum on this
subject --
THE WITNESS: No.
THE COURT: -- that we're able to look at and
focus on when you got this new --
THE WITNESS: No, sir.
THE COURT: Stop, please. I have something in
mind that I am trying to understand and I need you to
let me ask it so you can tell me if you can help me.
You started in 2010; right?
THE WITNESS: Correct.
THE COURT: How many years went by before this
conversation that you are not able to give me with
precision?
THE WITNESS: I started in December of 2010 --
or I'm sorry -- January of 2011 was my first commission
meeting.
THE COURT: Okay.
THE WITNESS: I would say, I think, between
'14 and '15 was when --
THE COURT: Okay.
THE WITNESS: I think that it was a -- I
noticed that most of my ex partes had been within the
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seven days, so it wasn't an issue but, like I said, that
explains the earlier disclosing on the mic.
Again, it was my intention to make sure that
everyone had the information I had that was, you know,
delivered outside of the commission hearing.
THE COURT: Thank you.
Go ahead, Mr. Jacobs. Sorry for the
interruption.
MR. JACOBS: No. Thank you, Your Honor.
BY MR. JACOBS:
Q. So other than staff, did anyone ever contact
you directly and say, "There are problems with your
ex parte disclosures"?
A. No, sir.
Q. In your experience as a coastal commissioner,
were agenda items ever moved to a subsequent commission
meeting?
A. Yes.
Q. And so in your understanding, was there an
ability -- was that something the commission itself
could decide to do?
A. I'm sorry. Are you referring to commissioners
or the commission staff?
Q. I'm referring specifically to the
commissioners.
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So in situations where an item, a matter was
on the agenda for a particular meeting, could the
commissioners, on the day scheduled for the hearing on
that, decide to postpone it to a subsequent
Coastal Commission meeting?
A. I don't know who actually made that decision.
Items were postponed frequently by staff, but could the
commission? The chair, possibly, but I would have had
no ability to do that.
Q. Okay. So you saw situations in which staff
postponed items --
A. Correct.
Q. -- for --
A. I specifically recall an issue related to the
Sweetwater Mesa project, that there was a notification
issue that wasn't -- it wasn't properly notified. I'm
not sure of the details of it, but I know -- because
that was a controversial issue that people had come to
and planned to testify and hear the item. And because
of some errors -- and having nothing to do with
commissioners -- that item was postponed, for example.
Q. So your recollection was there was an error in
the notice for the hearing?
A. Yes, that is my recollection.
Q. And as a result of that, the matter -- that
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was brought -- was that brought to someone's attention
before the hearing started?
A. The staff.
Q. The staff --
A. I think the staff may have recognized, or the
lawyers for the applicant, I'm not sure exactly how.
Again, it wasn't something that I had any role in
deciding. But, yes, obviously things were -- in
addition to that, items were postponed all the time.
Q. While you were a commissioner, who was
responsible for the day-to-day management of the
Coastal Commission?
A. The Coastal Commission staff, the executive
director.
Q. So I would like to turn to some of the
ex parte communications and disclosures that Mr. Briggs
asked you about yesterday.
So let's turn to Exhibit 302.
MR. JACOBS: Your Honor, I would like to --
this part of the examination, I would like to use some
exhibits that are not -- do not have a 1 next to them
that are not already in evidence. And I understand
the Court would like them to be authenticated in some
fashion and a foundation laid for them before they are
introduced into evidence.
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The documents in question are all --
THE COURT: It's not that I require that, it's
the Evidence Code.
MR. JACOBS: Well, certainly. The Court --
THE COURT: There is a couple ways you can go.
You can invite the Court's attention to a particular
exhibit, offer it, and if Mr. Briggs doesn't object, he
will say "no objection," and it will be received. If he
does object, then you can approach the witness, show it
to her, lay the foundation, and then offer it.
MR. JACOBS: So these are documents that come
from the Coastal Commission's files. I have a custodian
of records declaration, so we would seek to introduce
them as official records.
I provided a copy of the declaration to
Mr. Briggs yesterday.
THE COURT: Yes.
MR. JACOBS: So I'm happy to present the
declaration to the Court at this point.
THE COURT: Okay. Why don't you do it the
first way I suggested: Turn our attention to a
document, offer it, and let's see if there's an
objection.
MR. JACOBS: Okay.
THE COURT: Okay.
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MR. JACOBS: Very well. Thank you, Your
Honor.
BY MR. JACOBS:
Q. So first let's look at Exhibit 302, which we
discussed yesterday.
THE COURT: And which is in evidence.
MR. JACOBS: Which is in evidence already.
BY MR. JACOBS:
Q. And so I believe you testified that this -- as
far as you could tell, this was an ex parte disclosure
form that you signed on January 8th, 2014, about a
conversation you had on January 7th, 2014. And it's a
typed form.
So based on the appearance of the form, do you
have an understanding of who likely prepared the form?
A. Likely, the advocates.
Q. And please tell us again -- I believe you
touched on it yesterday -- what was your practice when
you received a form, an ex parte disclosure form, that
had been prepared by the advocate who requested the
ex parte communication?
A. I reviewed the information that they provided
to make sure that it was accurate and then signed it and
submitted it as soon as possible.
Q. So this is the form that you signed.
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Now I would like to take a look -- so this
is -- so this is a general summary of the communication;
right?
A. Correct.
Q. Okay.
A. It appears so.
Q. In your experience, when advocates were having
ex parte conversations with you about matters, how
common was it for them to be having similar
conversations with other people based on the disclosures
that you heard other people making?
MR. BRIGGS: Objection. Calls for
speculation.
THE COURT: Overruled.
You may answer.
THE WITNESS: Frequently, particularly with --
you know, advocates, when people had advocates, they
were able to -- they would talk to all of the
commissioners.
MR. JACOBS: Okay. So now I would like to
introduce Exhibit 1248 in evidence. But don't project
it yet.
THE COURT: Any objection to 1248?
MR. BRIGGS: Yes.
THE COURT: Grounds?
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MR. BRIGGS: Relevance. Lack of foundation.
THE COURT: Okay. Lay a foundation.
MR. JACOBS: Well, Your Honor, I don't know
that this witness necessarily can establish a foundation
for her identification of the documents. But, again,
this would be the subject of the custodian of records
declaration, which I am happy to provide.
THE COURT: Have you seen that custodian of
records declaration?
MR. BRIGGS: I have, Your Honor.
THE COURT: And?
MR. BRIGGS: I don't think that it qualifies
as a custodian of records disposition under the
Evidence Code.
THE COURT: "Declaration"?
MR. BRIGGS: Correct.
THE COURT: Is that what you meant to say?
MR. BRIGGS: The declaration doesn't qualify,
doesn't meet the requirements of the Evidence Code.
When a subpoena for business records is
issued, there are certain requirements that the
accompanying custodian declaration must meet. And this
declaration appears to be a little bit scant on those
topics.
THE COURT: Response?
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MR. JACOBS: Your Honor, I think it's
adequate. I'm trying to establish simply that this is a
document that --
THE COURT: Why don't you just bring in the
custodian?
MR. JACOBS: Because she is in San Francisco.
It would certainly be possible, but we were hoping to
avoid the need for a third-party witness to travel.
THE COURT: So let me ask you this question.
It's a shame that this wasn't addressed pretrial.
Under Elkins vs. Superior Court at 41 Cal.4th
1337 at 1354:
"Declarations constitute hearsay and are
inadmissible at trial subject to specific
statutory exceptions."
And I guess you are suggesting that this is
one such exception?
MR. JACOBS: Yes, Your Honor.
THE COURT: Which provision of the Code of
Civil Procedure?
MR. JACOBS: Well, it would be the
Evidence Code.
THE COURT: Okay. Which provision of the
Evidence Code?
MR. JACOBS: Official Records, which I should
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have at my fingertips, but --
THE COURT: No, no. I want you to tell me --
if you want to offer me a declaration of someone that
can't be cross-examined --
MR. JACOBS: Yes.
THE COURT: -- I need a specific exception to
the hearsay rule enunciated by the Elkins court --
MR. JACOBS: Okay. I admit --
THE COURT: -- that would allow me to receive
that declaration at trial. That's what I want to know
first.
MR. JACOBS: Okay. I can certainly provide
that to you, but it would take me a moment to find it.
THE COURT: Well, you are conducting this
friendly cross. Do you want to go down this road, or do
you want to go down a different road?
MR. JACOBS: I would like to -- I would like
to go down this road.
THE COURT: Okay. Well, figure it out. Tell
me the statutory exception that you are relying on that
would allow me to even look at a custodian of records'
declaration in derogation of the general rule announced
by the Elkins court.
Sorry, ma'am. Just be patient.
MR. JACOBS: I apologize, Your Honor.
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THE COURT: That's all right. I want to do
this right.
MR. JACOBS: As do we all. And I intended to
have that citation handy, and I overlooked it.
THE WITNESS: Your Honor, can I use this
second to go to the ladies room?
THE COURT: Sure.
MR. JACOBS: I did -- it would be
Evidence Code Section 1280.
THE COURT: We're two people separated by a
common language here.
I understand the hearsay objection and the
hearsay exception for official records, at least I think
I do, but I asked you a different question.
What authorizes me to look at a declaration of
a custodian of records at trial? What statutory
exception to the rule reiterated by the Elkins court.
You want to give -- I have to rule on the
sufficiency of this declaration. Before I look at it, I
want to know what authorizes me to even look at it and
consider whether you, through that declaration, laid the
(a), (b), (c) foundation that applies under
Section 1280. That's what I need to know.
Because ordinarily you would establish this
with a witness on the stand. He raises his or her right
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hand and says:
"I'm the custodian of records. I know that
these writings were made at or near the time of the act,
condition, or event. The sources of the information are
such that trustworthiness is indicated, and it was made
by and within the scope of the duty of a public
employee."
That's what I want to know.
MR. JACOBS: Well, Your Honor, I'm not sure
whether this answers your question, but let me give it a
shot: The first thing that I would like to note is that
the underlying document, rather than the declaration, is
not being offered for the truth of the matter asserted,
it is being offered simply to establish the existence of
the document. And so the declaration --
THE COURT: What you are talking about now
sounds more like judicial notice.
MR. JACOBS: No. I would say it's closer to
state of mind or background.
What I am trying to establish with this is
simply that there were other ex parte disclosures being
made that were similar. I am not trying to establish
the truth of the statements within that document, simply
the fact that the document existed. And so to that
extent, I am offering the declaration to establish the
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authenticity of the document, not to establish its
admissibility for the truth of the matter asserted.
THE COURT: I thought you were going to put me
in CCP Section 1985 or that general vicinity. That's
what I thought you were going to say.
MR. JACOBS: And, Your Honor, I don't have
that CCP provision in front of me.
Would Your Honor mind if I can look it up, I
suppose.
MR. BRIGGS: Or, Your Honor, perhaps
Evidence Code Section 1561?
MR. JACOBS: Well, Your Honor, I don't think
that CCP 1985 would apply here because these documents
were not produced pursuant to a subpoena.
THE COURT: Well, what made me think of that
was what Mr. Briggs said.
You did not subpoena these records?
MR. BRIGGS: No.
THE COURT: No, they weren't subpoenaed to
trial?
Then you are right, Section 1985, et seq.
doesn't apply.
MR. BRIGGS: That was my point, is these
weren't pursuant to a subpoena.
THE COURT: Weren't.
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MR. BRIGGS: Were not.
THE COURT: Ph, I misheard you.
MR. BRIGGS: So in order to use an affidavit
from a custodian of records, it needs to be a subpoena
pursuant to which the declaration is offered.
THE COURT: Yes, that's correct.
MR. JACOBS: Well, Your Honor, I was hoping to
avoid asking a third party to make a trip. But it
sounds like if we determine these documents are
necessary, we may have to do that, although the
custodian was not on our witness list, but her only
purpose for appearing here would simply be to
authenticate the documents.
THE COURT: Well, authentication is required,
and the laying of a foundation for the application of
the exception to the hearsay rule is also required, in
the face of an objection. The citation that I gave with
the Elkins specifically excepts situations where the
parties stipulate to the admission of the declaration or
fail to enter a hearsay objection. Your adversary is
not stipulating and has objected, so we have to do it
the hard way. And that's probably going to add some
time to the trial, but that's how it goes sometimes.
MR. JACOBS: Okay. Well --
THE COURT: Okay?
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So I'm not receiving Exhibit 1248 in the
absence of a proper foundation. Today. That doesn't
mean you -- and you have abandoned any effort to try to
have this witness lay the foundation for it.
MR. JACOBS: Some of the documents the witness
may be able to authenticate.
THE COURT: But not this one.
MR. JACOBS: I am not sure. I am not --
THE COURT: You can try. Show it to her and
ask her.
MR. JACOBS: Okay. I think we will try that,
Your Honor.
THE COURT: All right.
Madam, do you have Exhibit 1248 in front of
you?
Help her with the exhibits, please,
Mr. Jacobs.
THE WITNESS: Oh, no, I can look. It's 1248.
THE COURT: It's in a different binder, that's
why I want Counsel to help you.
THE WITNESS: Oh, I'm sorry.
MR. JACOBS: Might I have a moment to confer
with counsel --
THE COURT: No.
MR. JACOBS: No? Because this is actually --
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a number of documents that I intended to use were
ex parte forms, that were prepared by other
commissioners, that were independent documents. And I
had misread my notes. And this document is actually
another Coastal Commission staff report.
Are there any objections to these?
I don't think there are any objections. The
problem is there are no -- at least in the exhibit list
that we have.
THE COURT: Sir, there is an objection.
MR. JACOBS: There is an objection --
THE COURT: It may not have been listed in
this paperwork, but when you offered it about ten
minutes ago, Mr. Briggs objected: No proper foundation.
No authentication.
MR. JACOBS: That's true, Your Honor, but I
thought what the Court had said earlier was that all
documents as to which there had been no exception at the
inception of trial were received into evidence.
THE COURT: I said anything where there's a
"1" next to it, which is the designation "1" is:
Admissibility stipulated.
This one is blank.
MR. JACOBS: Yes.
THE COURT: So both sides apparently kept
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their powder dry on this and other documents. Now that
you have offered it, there's been an objection. I
sustained it. If you want to try to get around the
objection, lay a foundation as to authenticity.
This authenticity is simply that the document
is what it appears to be. It's not that hard to lay a
foundation as to authenticity.
1248.
So there's a set of binders right there. I
believe that set is for the stand.
MR. JACOBS: Well, Your Honor, those, I
believe, are the plaintiffs' exhibits.
THE COURT: Oh.
MR. BRIGGS: The defendants' exhibits are more
voluminous. And actually -- I'm sorry.
Correction: Those are the set of the
plaintiffs' exhibits that the plaintiff prepared. We
prepared copies of, by volume, most of the plaintiffs'
exhibits, and those are over there. Those are generally
Coastal Commission staff reports.
THE COURT: Okay. You need to show her those.
MR. JACOBS: I have shown her Exhibit 1248.
THE COURT: It's the one that, if it's
received, is going to have a sticker on it that's going
to be clerked in by the clerk and then, thereafter,
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transmitted by Mr. Briggs to the Court of Appeal.
MR. JACOBS: Yes. And I --
THE COURT: That's the one that's in front of
her right now?
MR. JACOBS: I believe that copy has a sticker
on the first page.
THE WITNESS: It does, sir, yes.
MR. BRIGGS: I don't have a copy of that
document.
THE COURT: You know, there are a lot of
judges that would not let you start trial with your
evidence in the shambles that it is.
MR. JACOBS: Your Honor, the arrangement that
we had at the beginning of the trial --
THE COURT: I don't want to hear about it. I
want you to examine this witness and start making
progress toward me getting the evidence before me to
make a decision.
MR. JACOBS: I will do that, Your Honor.
THE COURT: All right. Thank you.
BY MR. JACOBS:
Q. Ms. Mitchell, do you recognize Exhibit 1248?
A. It's a staff addendum to an item that was
heard before the commission.
Q. And in the course of being a coastal
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commissioner, did you become familiar with
Coastal Commission staff reports and addenda?
A. Yes, I did.
Q. So what is -- for what matter is that an
addendum?
A. This is the City of Huntington Beach, the
Ridge.
Q. And is that the same project that Exhibit 302,
which was just on the screen, was for?
Do you need to see Exhibit 302 again?
A. I'm sorry, I closed that binder.
Q. That's okay.
A. But that was the Neish and -- I need to look
at it. I'm sorry.
Q. That's fine.
A. Yes, it appears so, yes.
Q. And so was Exhibit 1248 an addendum that was
distributed to commissioners for the meeting that it
refers to?
A. Yes. And it appears to be the -- is this the
day-of addendum?
Q. What was the typical process -- how did an
addendum fit into the Coastal Commission's distribution
of materials?
A. Addendums would often be worked out with the
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staff and applicants outside of the formal meeting, and
they would be provided to commissioners on the day of
or, you know, sometimes the evening. Our commission
meetings were generally 9 to 12 hours, so we would often
get packets underneath the door of the hotel room that
would be the addendums and then they would -- in
addition, they would be on our desk when we got to the
meeting that day.
Q. So, typically, you would receive a commission
staff report when? How far in advance of the meeting?
A. That would have been the ten days when they
are available to the public.
Q. And the addendum you would receive, it sounds
like, on the day of or the day before, something like
that?
A. Yes.
Q. Okay.
A. Correct.
MR. JACOBS: Your Honor, we would like to move
Exhibit 1248 into evidence.
MR. BRIGGS: Permission to voir dire?
THE COURT: No.
MR. BRIGGS: Also, objection. Lack of
foundation.
THE COURT: There's still no foundation as to
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authenticity, but you may be able to lay one.
BY MR. JACOBS:
Q. Do you recognize Exhibit 1248 to be the
addendum for the Ridge matter?
THE COURT: Let me just give you an example.
One way of authenticating it would be to show me that
1248 has another copy of 302 within it. That would be
authentication.
Do you understand what I am saying?
MR. JACOBS: I'm not sure I follow you,
Your Honor.
THE COURT: So if the addendum has a copy of
Exhibit 302, the ex parte disclosure form, within it,
that would show me that the documents are linked and
that the document is what it purports to be.
I mean, there's many ways to authenticate a
document.
MR. JACOBS: Your Honor --
THE COURT: Does it?
MR. JACOBS: Your Honor --
BY MR. JACOBS:
Q. Ms. Mitchell, please turn --
MR. JACOBS: Well, I don't think this actually
contains a copy of 302. But I attempted to establish
that the witness had seen the document before and could
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identify it. I thought I had done that, but I'm not
sure what piece of that I'm missing at this point.
THE COURT: Okay. The Court is of the view
that authentication is still lacking, but you may be
able to lay it through further questioning of the
witness. You may.
MR. JACOBS: Okay.
BY MR. JACOBS:
Q. So, Ms. Mitchell, do you recognize Exhibit 302
to be the commission addendum for the Ridge matter?
A. This would be the addition. This would be the
addendum to the Ridge matter that would have been passed
out to the commission, yes.
MR. JACOBS: Your Honor, we'd like to move it
into evidence.
THE COURT: Any objection?
MR. BRIGGS: Lack of foundation.
THE COURT: Overruled.
Any other objection?
MR. BRIGGS: Permission to voir dire on the
witness's knowledge --
THE COURT: No. You are not going to
interrupt your adversary's friendly cross. You are free
to come back on redirect, Mr. Briggs.
MR. BRIGGS: No further objection.
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THE COURT: Okay. Received.
MR. JACOBS: Thank you, Your Honor.
THE COURT: Okay.
BY MR. JACOBS:
Q. Ms. Mitchell, please turn to Page 398 of
Exhibit 1248.
A. I'm looking for it.
THE COURT: Help her. Walk up there and help
her. Put your finger on what you want to ask her about.
That's what I asked both sides to do yesterday.
No. Use the ramp. Use the ramp. Don't go in
the well.
MR. JACOBS: Actually, Your Honor, now that
it's in evidence, I think it might be easier if we
projected it.
THE COURT: Okay. I don't know if she can see
it. I don't know if I can. But you are free to project
it.
THE WITNESS: Magnifying doesn't work.
THE COURT: What page did you want her to look
at?
MR. JACOBS: Well, this is the page -- it's a
398-page. I think they are not sequentially numbered on
the bottom.
THE WITNESS: Is this the ex parte that was
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received -- that's stamped -- I'm sorry. The ex
parte --
THE COURT: Put it up on the screen.
MS. PACKARD: I'm sorry, I need one moment.
I'm sorry about that.
THE COURT: This is why we have companies that
provide audio-visual services. That way if something
doesn't work, you have somebody to blame.
Okay. It's in front of the witness now.
Is this what you wanted her to look at?
MR. JACOBS: That's the first page. We are
now moving to the specific page.
BY MR. JACOBS:
Q. Ms. Mitchell, do you still have Exhibit 302 in
front of you as well?
A. Yes. Yes, I do.
Q. Are you able to see the image that's on the
screen?
A. Yes, I am.
Q. Do you know what it is?
THE COURT: What page of Exhibit 1248, so that
the Court of Appeal will know what we are talking about?
MR. JACOBS: Your Honor, the pages are not
consecutively numbered. This is the 398th page of the
document.
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THE COURT: Thank you.
Proceed.
BY MR. JACOBS:
Q. Ms. Mitchell, what do you recognize this page
to be?
A. An ex parte disclosure from Commissioner Brian
Brennan with David Neish and Ed Munford, that happened
on the 30th of December in Ventura, signed by
Commissioner Brennan on the 31st.
Q. And based on your review of Commissioner
Berman's [sic] disclosure and your own disclosure, how
do they compare?
A. They look to be identical.
Q. Does that give you an understanding of what
Commissioner Berman submitted as his disclosure form?
A. Yes, it did.
THE COURT: You said "Berman." You meant
"Brennan"?
THE WITNESS: Brennan.
MR. JACOBS: Oh, I'm sorry. Brennan. I
apologize. Commissioner Brennan.
BY MR. JACOBS:
Q. Is there any information that is in your
disclosure form that is not in Commissioner Brennan's
disclosure form which was attached to the addendum to
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the staff report?
A. No, sir.
Q. Is Exhibit 1248 just the addendum, or does it
also contain any other commission-generated documents?
A. Yes, 1248 is obviously very large and
contains -- additionally, there's an ex parte form here
from a meeting.
Q. I'm sorry?
A. Ex partes, responses to letters that were put
in the file.
Q. I'm sorry. Let me give you a more focused
question, which is, does Exhibit 1248 also include the
commission staff report itself, or is it just the
addendum?
A. It looks like it's -- hang on. Yes, this
is -- it looks like it's a staff report as well.
Q. Okay. So Commissioner Brennan's disclosure
form, was that attached to the addendum or the staff
report?
A. Oh, I didn't find Commissioner Brennan's. Let
me see.
Q. Well, okay. Let me try it this way.
Where does the staff report start in
Exhibit 1248?
A. Where does the staff report start? It's --
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Q. Strike that.
Question withdrawn.
Okay. Let's move on.
A. It starts about 300 pages into this.
Q. The staff report does?
A. Yes, the staff report.
Q. So can you tell us whether the Commissioner
Brennan's disclosure was attached to the staff report or
to the addendum?
A. Staff report, it looks like.
Q. Okay. Thank you.
Let's turn to Exhibit 307.
Do you recall your testimony yesterday about
Exhibit 307?
A. Yes.
Q. Okay. And remind us again what this document
is.
A. This is an ex parte disclosure form for me
that was on December -- I mean, I'm sorry,
September 25th, the conference call with Dave Neish.
Q. And about which project?
A. Oh, this is about -- it says Jeri Kochis.
Q. Okay. And now let's look at Exhibit 530.
MR. JACOBS: Okay. And, Your Honor, this is
in evidence already.
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BY MR. JACOBS:
Q. Ms. Mitchell, do you recognize this document,
Exhibit 530?
And you can also -- you can look at the copy
that you have on the desk if that's easier for you. You
should have the binders up there. Or I can show --
A. Right.
This would be a typical form that the
commission would send out, an addendum to the staff
report.
Q. Okay. So -- and is this for the Kochis
matter?
A. Pardon me?
Q. The Kochis matter.
A. Yes. Yes.
Q. So we're going to turn to the second page of
this document.
Do you recognize the second page of
Exhibit 530?
A. Yes, this is from yesterday. And this was in
the existing exhibits.
Q. So is this identical to Exhibit 306?
A. Yes, it is.
THE COURT: "307" you meant to say.
MR. JACOBS: Oh, yes. I'm sorry.
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Exhibit 307.
BY MR. JACOBS:
Q. So based on your review of Exhibit 530 and
your review of Exhibit 307, do you have an understanding
of whether your ex parte disclosure form was attached to
the staff report or the addendum for this matter?
A. It looks like that it was distributed by the
staff as an addendum to the staff report.
Q. So let's turn to Exhibit 321.
Do you recall your discussion about
Exhibit 321 from yesterday?
THE COURT: I do.
THE WITNESS: Yes.
BY MR. JACOBS:
Q. Okay. And remind us again what Exhibit 321
is?
A. This is an ex parte disclosure that I had on
the 29th of September with various parties regarding the
Sea World proposal.
Q. Okay. So now I would like to turn to
Exhibit 551.
Do you recognize Exhibit -- it is in evidence,
but do you recognize Exhibit 551?
A. That would be the addendum that came out
relative to that project.
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Q. Okay --
A. By the -- by the staff, that would have been
distributed to the commissioners.
Q. Okay. We are now turning to the 286th page of
this document.
Do you recognize this document that's on the
screen?
A. That looks to be an ex parte form by
Commissioner Cox relative -- with the same -- identical
to the one that I turned in.
Q. And 288. We are now turning to two pages
later, the 288th page of this document.
UNIDENTIFIED SPEAKER: 551?
MR. JACOBS: That's 551, 288.
BY MR. JACOBS:
Q. Do you recognize this document?
A. Yes. That would be an ex parte form from
Commissioner Uranga with this same -- it looks to be the
same individuals and discussing the same matter; the Sea
World master plan.
Q. How does the content compare with your
disclosure?
A. There's a line that says:
"Complete comprehensive description of
communication content after a complete set of any text
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or graphic materials presented."
Q. And the content that follows that?
A. Yeah. Can you blow that up?
Thank you, Lauren.
It appears to be different --
Q. Okay.
A. -- slightly.
THE COURT: From what?
THE WITNESS: Oh, I'm sorry. From the
ex parte.
Oh, I'm sorry. Because this is referencing "a
tour," and I did not take a tour.
BY MR. JACOBS:
Q. Okay.
A. So mine doesn't reflect what happened on a
tour that I didn't attend.
Q. So let's turn to Exhibit 324.
What's Exhibit 324?
A. That's an ex parte disclosure that I had with
an Ethel Pluto and Cindy Tsukomoto.
Q. About which project?
A. Sorry. This is about the "Loperena" --
"Loperena"?
Q. And what was the position of those two
individuals on the project that was expressed to you?
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A. They opposed -- they opposed this development.
Q. In your experience as a commissioner, when
persons opposed a particular project and they approached
you for an ex parte communication, did they typically
submit documents to the Coastal Commission for the
record?
A. Yes. Absolutely.
Q. And, in your experience, did the concerns that
they expressed in the ex parte communications -- were
they similar or different from the concerns that were in
the documents that they sent to the Coastal Commission
for the record?
A. No, they were not different.
Q. Okay. So did they -- for example, did they
send letters opposing the project? Is that something
that typically happened?
A. Absolutely.
Q. So I'd like to turn to Exhibit 508.
Do you recognize Exhibit 508?
A. Yes, that would be the staff report for the
item that was -- that the ex parte was referencing.
Q. The Loperena?
A. The Loperena.
Q. So we're turning to Exhibit 15.
MR. BRIGGS: Exhibit 15?
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MR. JACOBS: I'm sorry. Exhibit 15 of
Exhibit 508.
Actually, let's skip that for now.
BY MR. JACOBS:
Q. Let's turn to Exhibit 326.
So do you recognize -- well, do you recall
your testimony yesterday about Exhibit 326?
A. Yes.
THE COURT: Quit asking her if she recalls her
testimony from yesterday, please.
MR. JACOBS: Certainly, Your Honor.
THE COURT: It's not relevant whether she does
or doesn't. Skip the wind up, give her the pitch.
BY MR. JACOBS:
Q. So Exhibit 326 is regarding what matter?
THE COURT: Pepperdine. I can see it.
MR. JACOBS: Okay.
THE COURT: Okay.
MR. JACOBS: All right.
BY MR. JACOBS:
Q. And there's a reference to the presentation
there?
A. Correct.
Q. Okay. So let's --
MR. JACOBS: I'm sorry, Your Honor. We are
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going to skip further questions about this exhibit for
now.
THE COURT: Okay.
THE WITNESS: You know -- oh, I'm thinking
about your question here --
THE COURT: Just let Mr. Jacobs control the
examination, please.
THE WITNESS: Sorry.
THE COURT: Go ahead, Mr. Jacobs.
BY MR. JACOBS:
Q. Well, Ms. Mitchell, it sounded like you have
some further testimony that you would like to offer in
response to an earlier question that you were asked.
A. He asked me -- the judge asked me if I had --
could narrow down the date of when I changed -- based on
the staff's input, that I changed my ex parte
disclosures. I can probably go back and come up with
something -- if I do some research, I can probably
figure it out. I mean, at least a closer ballpark. I
don't mean to be nonresponsive. It's just that when I
was told something, I made the change, I didn't -- I
wasn't --
Q. That's fine. Thank you.
THE COURT: Go ahead, Mr. Jacobs. Next
question, please. You wanted her to read 326, which is
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still on the screen?
MR. JACOBS: Yes. That's right, Your Honor.
BY MR. JACOBS:
Q. So let's turn to 358.
So this was an oral disclosure that you made
about Kellogg Avenue on August 12th, 2015. And now
we're going to turn to Exhibit 503.
So this is in evidence, Ms. Mitchell. This is
the addendum for the Kellogg Avenue project? Yes?
A. Yes.
Q. Please turn to Page 132.
MR. JACOBS: We are moving to the 132nd page
of this document.
We are going to skip this one, too,
Your Honor.
So the remaining questions that I had were
about the exhibits that are not in evidence and the
issues that we have discussed earlier. So given that,
Your Honor, I think that concludes my examination.
THE COURT: Thanks, Mr. Jacobs.
Redirect, Mr. Briggs.
REDIRECT EXAMINATION
BY MR. BRIGGS:
Q. Ms. Mitchell, in the month that you voted on
the Carollo engineering project, what work did you do
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for Carollo Engineering?
A. I don't recall. Whatever they requested.
Nothing related to the Coastal Commission, certainly.
Q. Do you even remember whether you did any work
for them in that month?
A. Yes. I generally did work for them. I worked
with the Los Angeles office and the organization that --
the branch of the company that was related to this
coastal project was in Idaho.
Q. You don't know what work you did in the month
that you voted on their project; correct?
A. I didn't do any work related to the
Coastal Commission. I know that.
Q. Do you recall what work you did for
Carollo Engineering in the month that you voted on the
Carollo Engineering project?
A. In 2015, I do not recall what work I did. I
wasn't even aware that it was on the agenda in 2015
until 2016, when I self -- when I was -- became made
aware and I self-reported to the FPPC.
Q. You do not recall what work you did for
Carollo Engineering in the month that you voted on the
project; correct?
A. I do not recall what I did in the month. I'm
not sure what month it was in 2015. No, I do not.
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Q. Okay. Did I understand correctly yesterday
that sometimes you get to see PowerPoint presentations
during ex parte communications before the public sees
them; correct?
A. I don't know -- I don't know if they were
before the public saw them. They were before -- they
were -- the staff had seen them.
Q. Did you say yesterday that sometimes
PowerPoint presentations were presented during
commission meetings that you had seen in ex parte
meetings?
A. Yes. That were provided to the staff.
Q. And the first time the public gets to see that
PowerPoint is at the commission meeting; right?
A. I don't know that to be true. It very
possibly was in the staff report.
Q. When you were traveling around the state --
THE COURT: So what you are saying is a
printout of the PowerPoint presentation would be
appended to the staff report which comes out ten days
before the meeting. Is that what you are meaning?
MR. BRIGGS: Is that directed to the witness?
THE COURT: Yes, it's directed to the witness.
THE WITNESS: Oh, I'm sorry, sir.
THE COURT: Who else is under oath?
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MR. BRIGGS: You were looking my direction. I
think she didn't see you with the monitor there.
THE COURT: Do you have my question in mind,
ma'am?
THE WITNESS: The question, at times the -- I
think the PowerPoints were part of the staff report that
came out ten days in advance, but they were also -- they
could have been, instead, part of the addendum of the
information that we got a day or two before.
THE COURT: Okay. But for someone who hadn't
read anything coming to the meeting and having the
PowerPoint projected on the screen, that's, I think,
what Mr. Briggs was asking you about.
MR. BRIGGS: That is correct.
THE COURT: Okay. PowerPoint presentations
typically are displayed on a screen; correct?
THE WITNESS: Correct.
THE COURT: So what he was attempting to ask
you was, was the meeting the first time that it was
displayed on the screen.
THE WITNESS: At the meeting, that was the
first time it was displayed on the screen.
THE COURT: So when you saw it on an ex parte
communication, that wasn't displayed on a screen, it was
just a printout that was handed to you?
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THE WITNESS: Oh, I'm sorry, sir. I
misunderstood the question.
THE COURT: That's because the question was
imprecise. That's why I am drilling down on it.
THE WITNESS: At times if it was a phone
conversation, the PowerPoint presentation was emailed.
And we -- I would look at it on my screen while I was on
a call with the -- with whomever was interested in the
item, was connecting it. And then other times if I met
in person, the PowerPoint might have been a paper copy
that we went over, you know, in person and flipped
through.
And then it was always something that was part
of the presentation at the commission meeting.
THE COURT: Thanks for that clarification.
Go ahead, Mr. Briggs.
BY MR. BRIGGS:
Q. And sometimes, Ms. Mitchell, the first time
that the PowerPoint was made available to the public was
during a display at the commission meeting; right? In
other words, sometimes the PowerPoint was not in the
agenda materials and it was displayed for the public for
the first time at the meeting. Isn't that true?
A. It was -- the staff always received a copy.
My understanding from the rules is the staff received a
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copy in advance. So it would have been part of that,
but it would have been in the addendum that maybe came
out the night before.
Q. You do not know, sitting here, whether these
PowerPoints were always in the addendums, do you?
A. I certainly don't know always.
Q. And sometimes, in fact, the PowerPoint
presentation that you would have seen in an ex parte
meeting was displayed for the public for the first time
at the commission meeting; right?
A. Correct. We had public hearings to hear items
related to a project, and everyone received that
information with the PowerPoint presentation.
Q. What regulations did the Coastal Commission
have during your tenure concerning the process for
making ex parte disclosures?
A. What regulations? I don't know.
Q. They didn't have any regulations, did they?
MR. JACOBS: Objection. Calls for a legal
conclusion.
THE COURT: Overruled.
You may answer.
THE WITNESS: I don't know.
BY MR. JACOBS:
Q. You never proposed any regulations governing
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ex parte communications, did you?
A. I frequently proposed that we promulgate
regulations relative to a variety of items so that there
was a clear transparency to members of the public on
issues on the way things were handled at the commission
and the purpose, the exact purpose of the regulations.
That never happened, but I did not propose it
specifically related to ex parte communications because
I believed that they were being handled appropriately.
Q. You looked at Exhibit 1248 a little while ago.
In particular, I believe it was Page 398 of the 400
pages in that exhibit.
It was an ex parte disclosure from
Commissioner Brennan. Do you recall that?
A. Yes, I do.
Q. I believe you testified that the substance of
this disclosure was identical to the substance of what
was in an ex parte that you claim was your ex parte;
correct?
A. Correct.
Q. It was identical word for word; right?
A. Well, as far as I could tell, looking at this
and looking at the screen. Obviously, I wasn't at his
ex parte and he wasn't at my ex parte.
Q. So do you know whether what was discussed at
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his ex parte was in fact identical to what was discussed
at yours?
A. It was what -- as I said, when people
presented information to commissioners, they give a
background that was a summary of the substance of the
issues. And so that was the information that was given.
I could not independently verify Commissioner
Brennan's, but I did mine and I -- I reviewed my
ex parte when I turned it in, and it was -- the
substance was covered.
Q. You frequently relied on ex parte forms
prepared by the lobbyists who were meeting with you
ex parte; correct?
A. Frequently, yes. Because we are part-time
commissioners and volunteers, they would prepare them in
advance. We would review so that the specifics -- and,
you know, frequently the names -- as you saw yesterday,
Manerva, I never got her last name -- so the names of
the specific individuals would be correctly spelled.
Q. On the forms that the lobbyists prepared for
you, they would literally give that to you in the
materials they handed you at the beginning of the
ex parte meetings; correct?
A. No, sir. They were after.
Q. Okay. Was it at the end of the meeting, or
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did they send it to you after the meeting had concluded?
A. After the meeting had concluded.
Q. Okay. But you have no idea what was covered
in the other commissioners' ex parte meetings even when
those disclosure forms are identical to yours; right?
A. I covered my -- my ex parte forms covers what
was covered in my ex partes. I do not know what other
people said in their ex partes.
Q. Did it ever strike you as curious that --
well, withdrawn.
Did you ever notice before today, when your
lawyer put it on the screen, that your ex parte
disclosures were identical, word for word in some cases,
with other commissioners' disclosures?
A. Yes. The substance of which were basically
following a PowerPoint presentation or, you know,
various information that they were getting across to us.
Q. Did it ever strike you as odd that you and
your colleagues were submitting substantively identical
ex parte communication forms even though you were not at
the same meetings --
A. No, sir.
Q. -- same ex parte meetings?
A. No, sir. Because, as happened at the
commission meetings, when we disclosed on the mic, the
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substance was identical and covered in previous
commissioners' ex partes. So when I verbally heard
them, they were the same as what were in writing, so it
was consistent.
Q. Take a look at Exhibit 324, please.
Do you have that in front of you?
A. Yes. Is this the Loperena?
THE COURT: We looked at it a little while
ago.
THE WITNESS: Right. 324. Loperena. I was
just confirming.
BY MR. BRIGGS:
Q. It says Page 117 at the bottom, yes?
A. Correct.
Q. If my notes are correct, I wrote down that you
testified that during this ex parte, the participants,
quote, were opposed, end quote, to the project.
Did I hear you correctly?
A. Yes, I believe that was the case.
Q. Can you tell me where in Exhibit 324 you wrote
that those participants were opposed to the project?
A. This discusses the specifics related to their
opposition.
Q. Where in Exhibit 324 did you write that these
people were opposed to the project?
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A. I didn't write that. I wrote the substance.
Q. Right. You never wrote that they were opposed
to it; correct?
MR. JACOBS: Asked and answered.
THE COURT: Sustained.
BY MR. BRIGGS:
Q. Did they say that they were opposed to it,
during the ex parte communication?
A. They listed the specific reasons of what their
opposition was.
Q. Where did you get the impression that they
were opposed to this project?
A. Because they had all of these issues with the
project coming forward.
Q. So you concluded, based on what they told you
during the ex parte, that they were opposed to the
project, but you never wrote that they were opposed to
the project --
A. I probably concluded that --
Q. Let me finish the question, please.
A. I thought you did.
Q. You concluded that they were opposed based on
the ex parte communication, but you did not write in the
ex parte communication that they opposed; is that
correct?
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A. I concluded that they were opposed based on
the ex parte communications and likely the hearing as
well. I just remember this Mark Massara representing
this organization -- this neighbor and that they were
opposed to the project. But that -- I've heard the
hearing.
Q. Do you remember the hearing, sitting here
right now?
A. I remember -- I remember this issue vaguely.
This was only in 2016.
Q. Do you remember the hearing? "Yes" or "no"?
A. Do I remember the hearing? Do I remember that
there was a hearing in 2016?
Q. Do you remember what happened at the hearing
on this project?
A. I remember that Mark Massara represented the
neighbors that were opposed to the project.
MR. BRIGGS: I don't have any more questions
at this time.
THE COURT: Anything further?
MR. JACOBS: Just a few questions, Your Honor.
RECROSS-EXAMINATION
BY MR. JACOBS:
Q. Ms. Mitchell, regarding the forms that
advocates sometimes presented you with -- the ones that
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had been prepared -- in your experience, how good a job
did they do of preparing forms that accurately
summarized the conversations that you had?
A. I think they did a good job. It was in their
interest to get as much detail that was discussed
because if the item was litigated, the ex parte
disclosures would be part of that litigation.
Q. So, in your experience, were those forms, that
were sometimes prepared beforehand, an accurate summary
of the communication that happened?
A. Yes, they were an accurate summary.
Q. Back to the Loperena matter. There was an
ex parte disclosure involving Mark Massara. Who was
Mark Massara?
A. He's an advocate before the commission.
Q. Does he represent property owners?
A. No.
Q. Does he represent developers?
A. No.
Q. Who does he typically represent?
A. He typically represents -- I think he's --
Surfrider. He's previously affiliated with
environmental organizations. This was a neighbor who
was opposed to a project.
Q. So if there were a development project before
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the commission and you heard that Mark Massara were
involved, would you make any assumptions about what side
that he was likely on?
A. Yes, absolutely. He would have been opposed.
Q. Okay. And was that what happened, in your
mind, with the Loperena matter?
A. I recall that Mark Massara was opposed to this
project, representing the neighbors that were opposed to
it.
Q. And was that the -- when you heard that he
wanted to talk to you, was that the assumption that you
started with, that he was opposed to the project?
A. Yes.
Q. Even before you had the ex parte
communication?
A. Sure.
Q. Okay.
A. As I said, I tried to meet with everybody that
requested an ex parte in order to be fair and balanced.
And getting all of the information of the ex partes were
part of our rules, and so I thought that it was my job,
as a public servant, to hear any individual that wanted
to speak to me outside and disclose it appropriately.
Q. When you were receiving a retainer from
Carollo Engineers, did you do work for them every month
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that you were receiving the retainer?
A. Yes, absolutely. I worked for them on a
regular basis in the City of Los Angeles.
Q. Was the arrangement that you had with them one
that specified a different amount of money depending on
how much work that you did in a particular month?
A. No, it was a strict monthly retainer.
Q. It was a flat retainer?
A. Yes.
Q. And do you have an understanding whether that
sort of arrangement was common among consultants?
A. Absolutely.
Q. So you are not -- are you aware of anything
that makes that arrangement that you had with Carollo in
terms of the financial terms different from what other
consultants sometimes do?
A. No. It's every -- I mean, some do an hourly,
but I tried to do only retainer. And that's what all of
the people that I know that do similar work to mine do.
Q. And looking back on the work that you did for
Carollo and the money that you received for Carollo, was
the compensation -- was the arrangement generally in
line with your arrangements with some of your other
clients?
A. Absolutely.
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MR. JACOBS: No further questions, Your Honor.
THE COURT: Anything further?
MR. BRIGGS: No, Your Honor.
THE COURT: Thanks, ma'am. You may step down.
Next witness, please, Mr. Briggs.
MR. BRIGGS: Your Honor, I would call
Martha McClure, but I would like to point out that
Frank Angel is scheduled for 10:30. He did indicate
that he would come in and let the bailiff know when he
arrives. So we may end up --
THE COURT: He's not here yet?
MR. BRIGGS: Not that I know of. I'm just
letting you know.
THE COURT: Okay.
Then, Ms. McClure, kindly come forward.
THE WITNESS: Joel, do you want this back?
THE COURT: Leave the binders.
THE WITNESS: Okay.
THE COURT: Just leave them. They will clean
up the stand. They know how to do that. Thank you.
MARTHA MCCLURE (PER 776),
Called by the Plaintiff, having been first duly sworn,
was examined and testified as follows:
THE CLERK: Please state your full name and
spell your last name for the record.
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THE WITNESS: My name is Martha McClure,
M-c-C-l-u-r-e.
THE CLERK: Thank you.
THE COURT: Okay. Mr. Briggs, you may examine
the witness.
MR. BRIGGS: Thank you, Your Honor.
DIRECT EXAMINATION
BY MR. BRIGGS:
Q. Good morning, Ms. McClure.
You used to be a coastal commissioner. Yes?
A. Yes.
Q. Were you also a teacher at some point?
A. Yes, I was.
Q. Do you have a California teacher's credential
for life?
A. I have a life California teacher's credential
and taught for 30 years.
Q. Have you ever held elected public office?
A. Yes, I have.
Q. What office?
A. I was elected Del Norte County Supervisor,
District 2, and held the position for 20 years. That
was simultaneous with my teaching and public service.
Q. Did you ever hold any appointed public offices
other than Coastal Commission?
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A. No.
THE COURT: What board of supervisors were you
on?
THE WITNESS: Del Norte County.
THE COURT: Del Norte. Okay. Thank you.
THE WITNESS: Down here it's probably
"Del Norte."
THE COURT: I believe that to be the correct
pronunciation.
THE WITNESS: I do too.
BY MR. BRIGGS:
Q. As a coastal commissioner is it true that you
always made your decisions based on information
contained in the commission's official record for
whatever project that you were voting on?
A. That was part of my information that I made my
decisions based on, yes.
Q. What else did you make your decision on?
A. Individual -- independent research and then
ex partes with interested parties.
Q. Prior to commission meetings, how did you get
your copy of the official record for the agenda items
that came before you as a coastal commissioner?
A. I would receive it electronically on the
announcement, knowing that it was published ten days
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before the meeting.
Q. Via email; correct?
A. Correct. Well, no. I would go directly to
the California Coastal Commission website.
Q. You downloaded your agenda materials the same
place the public downloads them; correct?
A. Correct.
Q. And was that process true for January 1st
through the end of your term on the commission?
A. Yes, it was.
Q. What's your understanding of what the official
record is for items of business before the commission?
A. I would say that the official record is all of
the information that the Coastal Commission contains
within the file.
Q. And that is posted on the website for the
public to download before the meetings; correct?
A. Not all of the information, I don't think, but
I think the preparation for it. Because there are many
times, in order to get a complete project application
completed, there's lots of information that is also in
the file not privy to the public. And I never actually
went and researched those, but it is available.
Q. So before a Coastal Commission meeting -- I
want to ask you a question from your deposition.
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So before a Coastal Commission meeting, the
record consists of the materials that are available on
the website for commissioners and the public to see.
And once the meeting is over, the record consists of
those website materials along with a video of the
proceedings, any oral proceedings that occurred at the
meeting, and any written materials submitted at the
meeting; is that correct?
A. Correct.
MR. JACOBS: Calls for a legal conclusion,
Your Honor.
THE COURT: Overruled. The answer stands.
BY MR. BRIGGS:
Q. The record is what's available to you and the
public on the website; correct?
A. Correct.
Q. And after the meeting the website material is
supplemented by the video archives, any transcripts of
the proceeding, and any written materials that were
submitted at the meeting; correct?
A. Correct.
Q. You ever heard the phrase "exhaustion of
remedies"?
A. Yes.
Q. When did you first hear it?
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A. Probably when I was in college.
MR. BRIGGS: Your Honor, I would like to read
from -- withdrawn.
BY MR. BRIGGS:
Q. What do you understand --
THE COURT: Why don't you just tender the
transcript right now, just get that out of the way.
For the record, Madam Clerk, if it becomes
necessary, Ms. McClure's deposition occurred on
October 11th, 2017.
THE CLERK: Thank you, Your Honor.
THE COURT: Thank you.
You may proceed.
BY MR. BRIGGS:
Q. What do you understand the term "exhaustion of
remedies" to mean?
A. I believe it's that there's a cure and
correct -- there is cure and correct avenues for
information to be corrected and -- or cured if there
were a problem. So I think that that's a typical way
that -- well, government does business.
Q. And that was your understanding from your days
in college?
MR. JACOBS: Relevance.
THE COURT: Overruled.
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THE WITNESS: Yes.
BY MR. BRIGGS:
Q. And you went to college before you were on the
Coastal Commission; correct?
A. Absolutely.
MR. BRIGGS: Your Honor, I would like to read
from Page 23, Lines 10 through 12.
MR. JACOBS: And I, again, object that this
line of questioning is not relevant to the issues in the
trial.
THE COURT: You may read Page 23, Lines 10
through 12.
MR. BRIGGS:
"Question: Okay. Have you ever heard
the phrase, quote, exhaustion of remedies, end
quote?
"Answer: No."
BY MR. BRIGGS:
Q. Would you expect members of the public who
were aware of a problem with a proposal before the
commission to bring that problem to your attention?
A. Yes.
Q. And if the members of the public were not
aware of the problem, you didn't expect them to bring it
to your attention; correct?
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MR. JACOBS: Relevance.
THE COURT: Mr. Jacobs, you have asserted an
affirmative defense of failure to exhaust administrative
remedies, and Mr. Briggs is entitled to meet that
assertion of an affirmative defense. So it is relevant.
Your objections just lack merit.
MR. JACOBS: Your Honor, our argument on that
point is that --
THE COURT: I don't want to hear argument.
Your objection is overruled. Okay.
MR. JACOBS: Thank you, Your Honor.
THE COURT: All right.
MR. BRIGGS: Your Honor, could I get a read --
well, actually, there wasn't an answer yet.
Let me ask you the question again.
THE COURT: And if the members of the public
were not aware of the problem, you didn't expect them to
bring it to your attention; correct?
THE WITNESS: Correct.
BY MR. BRIGGS:
Q. Do you recall telling me during your
deposition that you don't expect members of the public
to read minds?
A. I don't expect to be able to read their minds.
Right. They don't know and I don't know. It's very
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difficult to formulate a question.
Q. You don't expect members of the public to read
your mind, do you?
A. No.
Q. During your tenure as a coastal commissioner,
did you have an understanding of what the phrase
"ex parte communication" meant?
A. Yes.
Q. What was your understanding?
A. My understanding is what -- to the rules that
are required by the commission, that they are to be
reported within seven days. Or if they were -- an
ex parte was conducted within seven days, the
requirement was to have it on the mic. And the -- and
that that ex parte also says that all -- the information
that I am to receive in an ex parte will have been given
to the Coastal Commission staff prior to that meeting.
Q. You read the ex parte rules in the Coastal Act
when you became a commissioner; correct?
A. Yes.
Q. What's your understanding of what an ex parte
communication is?
A. An ex parte communication is a one-on-one
meeting, or one on either the applicant or the
opponent's side, and with the commissioner and without
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the other party present.
Q. And that's not a public meeting; right?
A. Correct.
Q. During your tenure on the commission, did you
have an understanding that the rules prohibited you from
participating in any commission decision if you had not
first disclosed any ex parte communications that you had
participated in with respect to the subject matter of
the decision?
A. Yes.
Q. Did you ever receive any training during
public meetings on the rules that apply to you as a
commissioner?
A. Yes.
Q. Do you recall whether Commissioner Mitchell
was present at those trainings?
A. I don't recall.
Q. Were those trainings -- they were during
public Coastal Commission meetings?
A. Correct. I think there were two.
Q. Do you recall when they were?
A. No.
Q. You don't recall the year?
A. No.
Q. Okay. But they were sometime between 2012 and
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2016 while you were on the commission; right?
A. Correct.
Q. Did you ever go back and review the ex parte
rules over the years to see whether the legislature had
changed them?
A. No.
MR. BRIGGS: Your Honor, I would like to read
from Page 36, Lines 8 through 11.
THE COURT: You may read.
MR. BRIGGS:
"Question: Did you ever go back and
review those rules again over the years to see
whether the legislature had changed them?
"Answer: Yes."
THE WITNESS: May I respond?
THE COURT: No. Just wait for the next
question. Mr. Jacobs will make a note and he'll bring
this out on friendly cross. Just wait for the next
question.
THE WITNESS: Thank you.
BY MR. BRIGGS:
Q. How many times during your tenure would you
say that you reviewed the ex parte rules?
A. I don't recall.
Q. Do you recall telling me during your
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deposition that "I could comfortably estimate between
three and seven"?
A. I don't recall. With you refreshing that
memory, I probably could say that because it's on the
web page, and it would be that little paragraph at the
bottom. And I may have scanned it and looked it over.
Q. Sitting here today, does it sound true that
you could comfortably estimate between three and seven
times that you went back to review the ex parte rules?
A. Yes.
Q. While you were on the dais as a commissioner,
you were always awake and attentive to the business
meetings; correct?
A. That I know of, yes.
Q. Were there any occasions where you weren't
awake as a commissioner?
A. No. But there were 12- and 14-hour meetings
that were very grueling, and sometimes I would need
coffee, possibly. I don't know, but...
Q. You never nodded off during a meeting?
A. No.
Q. And when you were discussing commission
business, you knew you were discussing
Coastal Commission business, yes?
A. Correct.
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Q. Okay. And when you -- withdrawn.
Did you ever have ex parte communications?
A. Yes.
Q. And when you were having those ex parte
communications, you knew that they were, quote/unquote,
ex parte communications; correct?
A. All but one.
Q. And you knew that they would have to be
disclosed at some point in time; correct?
A. All but one.
Q. With the exception of the one, you never had
an ex parte communication accidentally; right?
A. I had one in passing with someone that I
reported. I don't know what you are asking me.
Q. Okay. You always knew when you were having a
private meeting with somebody concerning
Coastal Commission business; right?
A. Yes.
Q. So if you had an ex parte communication more
than seven days before a commission hearing concerning
the subject matter of that ex parte, you would have to
disclose that communication in writing within seven days
afterward; correct?
A. That's the rule.
Q. And you knew that; correct?
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A. Correct.
Q. And if ex parte communication occurred seven
or fewer days before the commission meeting concerning
the subject matter of that communication that occurred,
you would then make an oral disclosure on the record at
the meeting; correct?
A. Correct.
Q. What was your understanding of the substance
of the ex parte disclosures; in other words, what needed
to be disclosed?
A. We needed to give the date, the location, the
people present, a description of the item that was
discussed, and a signature.
Q. Was it your understanding that your disclosure
needed to make a complete and comprehensive disclosure
of what was discussed at the ex parte meeting?
A. Yes.
Q. So you understood that everything discussed at
that ex parte had to be disclosed; correct?
A. Correct.
Q. Did you have any understanding that you were
also required to disclose any written materials that you
reviewed or discussed at the ex parte meeting?
A. Correct.
Q. And it was your understanding that you were
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required to disclose those written materials; correct?
A. Correct.
Q. And it was your understanding that you were
required to attach them to your disclosure forms;
correct?
A. No.
Q. You weren't?
A. Well, you are required to connect them. But
some of them are already in the file, so you are not
required to duplicate.
Q. Did you ever do anything following an ex parte
communication when you reviewed written materials to
make sure that those materials were already in the
official record for the project?
A. No.
Q. During your tenure on the Coastal Commission,
what was your practice for submitting ex parte
disclosures? How would you physically get them to the
commission?
A. I would physically bring them to the
commission. My priority was I gave most at my mic -- in
fact, I gave them all at the mic, even if I had turned
in ex parte material ahead of time -- and I would
deliver them to Vanessa. And -- I think I answered the
question.
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Q. You didn't submit them by putting them in the
mail, did you?
A. Occasionally, yes.
Q. When did you remember that you sometimes
mailed them?
A. I know after reviewing the ex partes that you
have brought before me that I have examined one that I
found to be mailed.
Q. Okay.
MR. BRIGGS: Your Honor, I forgot to ask
permission to proceed under Evidence Code 776. May I
make that request belatedly for the record?
THE COURT: Thank you. It will be noted in
the minutes.
BY MR. BRIGGS:
Q. You didn't fax your ex parte disclosures;
correct?
A. Some may have been faxed by my clerk at the
county. I'm unsure of that.
Q. Sitting here right now, your testimony is that
you may have submitted them by fax. Is that what you
are saying?
A. Yes. Very few. I can't get to my emails to
find out if they were faxed or if I emailed them.
MR. BRIGGS: Your Honor, I would like to read
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from Page 41, Lines 1 and 2.
THE COURT: You may read it.
MR. BRIGGS:
"Question: Okay. And you didn't fax
them; correct?
"Answer: Correct."
BY MR. BRIGGS:
Q. So your ex parte disclosures made it to the
commission either by you personally delivering them or
you did them by email with regard to written ones; is
that right?
A. With the exception of one that I know that was
mailed -- that I believe was mailed, yes.
Q. Okay. When you submitted written disclosures,
did you have a practice of getting written receipts of
some other documentation to show that you submitted the
disclosures to the commission?
A. No, not until the end of my tenure at the
commission.
Q. In 2016?
A. At the very end, yes. Towards the last part
of the year it became policy by the commission to send
me a notice -- an email back that they had received,
because that had been missing in the chain of events of
how things were managed.
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Q. That was in October of 2016; correct?
A. I -- no, I don't know. It was shortly after
we were -- received our first email addresses that had
been requested for years by the commissioner.
Q. It was after this lawsuit was filed?
A. Yes.
Q. Okay. Did it ever occur to you before that
time that you should ask for some sort of confirmation
of receipt from the commission?
A. No.
Q. You'd never heard anyone -- any of your
colleagues express concern that their written
disclosures were not making it into the official record?
A. Yes, I had.
Q. But that didn't prompt you to start requesting
a receipt of your own?
A. No. It was kind of a thing of the staff is
just not quite mustering up. It didn't seem to be an
issue that could come to this level.
Q. Well, your understanding of the ex parte rules
was that the written disclosures had to be submitted to
the commission's executive director; right?
A. Or his designee, yes.
Q. And you had heard, before your tenure ended,
that at least some of your colleagues had concerns that
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written disclosures were being submitted but weren't
making it into the official record; correct?
A. Correct.
Q. Did you ever evaluate any of the executive
directors while you were a commissioner?
A. Yes.
Q. And were any of them ever evaluated based on
their handling of ex parte disclosures --
MR. JACOBS: Objection. Hearsay.
BY MR. BRIGGS:
Q. -- that were presented by the commissioner?
MR. JACOBS: Hearsay.
THE COURT: Overruled.
THE WITNESS: Would you repeat that question
for me, please?
BY MR. BRIGGS:
Q. Were any of the executive directors, during
your tenure, ever evaluated for their manner in which
they processed written ex parte disclosures from
commissioners?
A. No. Administrative procedures were discussed,
but, no, I -- we didn't drill down to the weeds of the
actual paperwork flow.
Q. But the commission could have agendized that
and given directions to the executive director; correct?
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That was within the commission's power; correct?
A. I'm not sure that's within our purview.
THE COURT: Okay. Let's leave it there for
the midmorning recess, and you can figure out whether
your other witness is here.
We'll be in recess for 15 minutes. Thank you.
(Recess.)
THE COURT: Are you in agreement that the
testimony of Ms. McClure may be interrupted for this
witness?
MR. JACOBS: Yes, Your Honor. I have no
objection.
THE COURT: Very well.
Sir, kindly come forward.
The third witness is Frank Angel.
FRANK ANGEL,
Called by the Plaintiffs, having been first duly sworn,
was examined and testified as follows:
THE CLERK: Please state your full name and
spell your last name for the record.
THE WITNESS: Frank P. Angel.
THE CLERK: And spell that.
THE WITNESS: A-n-g-e-l.
THE CLERK: Thank you.
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THE COURT: You may inquire.
DIRECT EXAMINATION
BY MR. BRIGGS:
Q. Good morning, Mr. Angel.
Can you tell me, are you a professional?
A. Yes.
Q. What is your occupation?
A. I'm an attorney.
Q. How long have you been an attorney?
A. I have been a member of the California Bar
since 1985, I think.
Q. Do you do any sort of regulatory work?
A. Yes.
Q. What's your practice entail?
A. I do mostly environmental public interest
litigation, but I also represent private clients.
Q. At what agencies does your environmental work
usually happen?
A. Coastal Commission. I started to specialize
pretty early in Coastal Act matters, LCP enforcement,
CEQA -- California Environmental Quality Act -- land use
zoning matters, and also election law, to the extent
that initiatives deal with zoning matters, and sunshine
law enforcement, meaning the Brown Act and California
Public Records Act law. Those are sort of mainly. I
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mean, there's other work, but that is sort of like the
emphasis.
Q. Have you ever heard of the California
Coastal Commission's ex parte rules?
A. Yes.
Q. What do you understand them to be, generally?
MR. JACOBS: Relevance.
THE COURT: Sustained. What he understands
today is not relevant.
All right. Go ahead.
BY MR. BRIGGS:
Q. Have you ever done any ex parte communications
for clients?
A. For clients?
Q. Yes.
A. Yes.
Q. Okay. How long have you -- well, withdraw
that.
Are you familiar with a project known as the
Keane project in Malibu?
A. Am I familiar -- pardon me?
Q. With the Keane project in Malibu?
A. Yes. I represented the appellant of the
city-approved coastal development permit in that case.
Q. And that's Keane, K-e-a-n-e?
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A. Yes.
Q. Okay.
A. I represented her before the city council in
an appeal from a planning commission decision, and then
I drafted the appeal to the Coastal Commission.
Q. Did that appeal eventually get a public
hearing at the commission?
A. Yes. It got a substantial issue public
hearing, but the Coastal Commission did not find
substantial issue.
Q. And do you recall when that public hearing
occurred?
A. Yes. That was August 12th, 2015.
Q. Okay. Did you have any ex parte
communications leading up to that public hearing?
A. Yes.
Q. Let's begin with Commissioner Howell. Have
you ever heard of Commissioner Howell?
A. Yes.
Q. Did you have an ex parte communication with
Commissioner Howell?
A. All ex parte communications that I had were on
the phone, and they were together with Sara Wan, at
Ms. Wan's recommendation.
THE COURT: Hold on. He asked you about one
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commissioner in particular, and he has a reason for
doing that. So just answer his question, will you,
please.
THE WITNESS: Yes. So Ms. Wan and I -- so it
wasn't just me -- were together on a telephone
conference call with Commissioner Erik Howell.
BY MR. BRIGGS:
Q. Okay. Do you recall how long that telephone
conversation lasted?
A. I looked at my billing, and I couldn't
distinguish because I billed in addition to emails or
follow-up telephone conversations with Ms. Wan, so I
can't isolate the exact length. But I was thinking
about that, and I don't think any of the ex partes,
whether it was with Howell or anyone else, lasted less
than 15 minutes, and I would estimate them to range
between 20 and 35 minutes. And so Howell would fall in
that range.
And, in fact, I asked Ms. Wan two days ago
whether she had, in her billing, the exact time. And
she provided me the time for Mr. Howell that are her
records.
MR. JACOBS: Your Honor, move to strike the
witness's answer.
THE COURT: The motion is granted. Everything
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after "up to 35 minutes."
MR. JACOBS: Everything up to?
THE WITNESS: "After 35 minutes."
MR. JACOBS: No, Your Honor. I was moving to
strike the entire answer on the ground that --
THE COURT: My ruling stands. Thank you,
though.
Okay. Go ahead.
MR. JACOBS: Your Honor, might I be permitted
to make the motion, the full motion?
THE COURT: Sure. Go ahead.
MR. JACOBS: Okay. The motion is to strike
the witness's full answer on the grounds that the
witness appears to be reciting hearsay; that is, the
content of billing records which are not in evidence.
THE COURT: Okay. Overruled. I did strike
part of the answer for other reasons, inasmuch as it was
not responsive to the question that was put to him.
Sir, I'm going to ask you do one thing right
now, and that is this: Listen to the question, answer
the question that is put to you, and wait for the next
question. Okay?
THE WITNESS: All right.
THE COURT: That will help me a lot. Thanks.
Go ahead, Mr. Briggs.
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BY MR. BRIGGS:
Q. Mr. Angel, would you please take a look at
Exhibit 36 that I have just put before you.
THE COURT: Do you have it in front of you,
sir? Do you have Exhibit 36 in front of you?
THE WITNESS: Yes.
THE COURT: Good.
THE WITNESS: It says "Howell." I mean, it's
the ex parte communication --
THE COURT: He didn't ask you that, he --
all -- he just asked you to look at it. Wait for the
question.
THE WITNESS: Uh-huh.
BY MR. BRIGGS:
Q. Do you recognize Exhibit 36, Mr. Angel?
A. Yes. It's in the administrative record.
Q. But do you recall having the ex parte
communication that's described in Exhibit 36?
A. I recall having an ex parte communication copy
with Mr. Howell.
Q. So you do -- you said you do?
A. I do recall, yes.
Q. Does the -- are -- the Items 1 through 5 that
are listed on Exhibit 36, were those the topics of your
ex parte communication with Commissioner Howell?
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A. Yes.
Q. Did you discuss anything that's not listed in
Items 1 through 5 there?
A. I believe I discussed a couple of items that I
don't recognize. And one was --
THE COURT: He didn't ask you what they were.
He wanted to know if there's anything not on the
Exhibit 36 that you also discussed.
THE WITNESS: To the best of my recollection,
I think there were a couple of items that I don't see
reflected there.
BY MR. BRIGGS:
Q. What were those items, sir?
A. Well, the staff report of the
Coastal Commission said that Broad Beach Road was not
heavily visited by the public. And that staff report
was out before we had any of the ex partes.
So as I recollect, that's a point that I
emphasized, that this is a heavily visited -- a road
heavily visited by the public.
Another item that was very important to me
also in the court case that followed was that the City
of Malibu took the position -- their locals take the
position if a project meets the envelope, meaning
numerical height parameters and setback parameters, then
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it's effectively approved. So they are not assessing
the quality of policies of the LCP that was later in my
PowerPoint. And that was a point that was very
important to me because I felt that it was a small
project, and we had to establish with the commissioners
substantial issue. So it was an issue of interpretation
of the LCP that went beyond this small project.
But that was a systematic -- as we saw it, a
systematic -- as I saw it, a systematic failure by the
local government. And I believe that's a point that I
emphasized. Whether it was with Commissioner Howell
more than with others, I can't recollect that, but I do
know that that came up in several ex parte
communications.
Q. Okay. And you mentioned that there was also
as PowerPoint presentation that you gave during that
ex parte communication with Commissioner Howell?
A. It was a PowerPoint that I prepared and showed
to the Coastal Commission -- that I raised through -- at
the Coastal Commission hearing because I only had a few
minutes.
Q. Did you also share it with Commissioner Howell
during your ex parte communication?
A. The slides that deal with this envelope rule
that Malibu applies, no.
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Q. Had you emailed him a copy of your PowerPoint
presentation before the -- or during the ex parte
communication?
A. I don't think that I had separate email
communications with him, at least I don't remember. I
did email it, and I submitted it to the
Coastal Commission because it was in the administrative
record.
Q. Okay.
A. And I handed out copies for every commissioner
the morning of the hearing, hard copies.
Q. Okay. And you submitted it to the
Coastal Commission, for the record, at the hearing?
A. Yes.
Q. Okay.
A. If I may --
THE COURT: Will you just wait for the next
question.
THE WITNESS: Okay. Because I wanted to make
sure something is understood correctly.
THE COURT: Sir, this is not a commission
hearing. This is a direct examination, and you need to
wait and let Mr. Briggs ask you questions and later
Mr. Jacobs asks you questions. Okay? You don't get to
just volunteer information. It's a little different
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from what you are accustomed to. Thank you.
BY MR. BRIGGS:
Q. Mr. Angel, if you would take a look at
Exhibit 237.
And after you are done looking at it, tell me
whether you recognize it.
A. Yes, that's the ex parte disclosure form in
the name of Commissioner McClure. And that was also in
the administrative record.
Q. I forgot to ask you one thing about
Commissioner Howell.
When you did the ex parte communication with
him, were you reading from a script?
A. Did I what?
Q. Did you read from a script during your
ex parte communication with Commissioner Howell?
A. No, we didn't read from a script, but we had
bullet points that I prepared and that were also, I
think, revised by Ms. Wan.
Q. Okay. Taking a look at Exhibit 237, do you
recall having an ex parte communication with
Commissioner Martha McClure on April 3rd of 2015, around
2:00 p.m.?
A. I recall having had an ex parte communication
with Commissioner McClure, but it was on August 3rd, at
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2:00 p.m. -- August 3, 2015, at 2:00 p.m.
Q. I'm sorry if I misspoke. I apologize.
August 3rd at 2:00 p.m.?
THE COURT: You said "April."
MR. BRIGGS: August 3rd at 2:00 p.m. is what
it indicates on Exhibit 237, and I misspoke.
BY MR. BRIGGS:
Q. Did it happen on August 3rd of 2015?
A. Yes.
Q. And it was by telephone?
A. Yes.
Q. There are seven bullet points in the
disclosure with Commissioner McClure. Was there
anything not listed there that was discussed during the
ex parte communication with her?
A. Well, again, I think -- I don't see the issue
of the --
THE COURT: Can you start with a "yes" or "no"
on that.
THE WITNESS: I believe there is, again, the
same two couple of items as to which I testified before
that I don't see.
BY MR. BRIGGS:
Q. So that's a "yes," there are a couple of
things missing from this disclosure; correct? Yes?
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A. I don't know if it was specifically with
McClure. I do remember that I brought it up in several
of the ex partes we had. I could have not brought it up
with one or the other one. So I can't say definitely
with which commissioner, but what I can say is that I
brought it up in several of these communications.
Q. Okay. And those were the two points that you
described in addition for Commissioner Howell; correct?
A. That's right, those same two points.
Q. Okay. How long did your ex parte
communication last with Commissioner McClure? Was it in
the 25-to-35-minute range?
MR. JACOBS: Objection. Foundation.
THE COURT: Overruled.
You may answer.
THE WITNESS: I think it was approximately
half an hour.
BY MR. BRIGGS:
Q. Okay. And do you recall whether your
PowerPoint presentation had been provided to
Commissioner McClure as part of that ex parte
communication?
A. My PowerPoint presentation couldn't have been
provided to her because I think I completed it only the
night before the hearing. And that's why I also think
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that I only had handed out hard copies the next day.
However, Ms. Wan had a separate short
abbreviated PowerPoint, and I believe she provided it to
each of the commissioners in conjunction with the
ex partes.
Q. Okay. Did Commissioner McClure ask any
questions during your ex parte with her?
A. I'm sure she asked questions, but I'm not sure
what the questions were anymore.
Q. Okay. Do you recall Commissioner Howell
asking you any questions?
A. I don't recall. He may have asked questions,
but I don't recall.
Q. Did you have an ex parte communication with
Commissioner Mitchell?
A. Correct, yes.
Q. On what date?
A. On August 5.
Q. Of 2015; correct?
A. August 5, 2015, at 9:00 a.m., approximately
9:00 a.m.
Q. Was that by telephone or in person?
A. By telephone.
Q. And did it also last approximately 30 minutes?
A. Yeah, or maybe a little less. Maybe 25. 20
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to 25.
Q. And if you look at the Exhibit 237 for
Commissioner McClure, were the topics listed here, along
with those two additional topics you had mentioned, the
items that you covered with Commissioner Mitchell?
MR. JACOBS: Leading.
THE COURT: Overruled.
You may answer.
THE WITNESS: I don't know if all the seven
items that are listed by Commissioner McClure were
broached, particularly Item 7, where it says "Discussed
the unity of ownership of the three parcels the
applicant owns."
I think that issue -- I don't think that issue
was discussed with many, if any, other than McClure.
BY MR. BRIGGS:
Q. Okay. Please, if you would look at
Exhibit 134. And let me know when you have finished
reviewing it.
A. Uh-huh.
Q. You have reviewed it, yes?
A. Yes.
Q. And do you recall an ex parte communication on
this project with Commissioner Kinsey?
A. I do recall an ex parte communication with
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Commissioner Kinsey on August 5, 2015, at 1:30 p.m.
Q. That was also by phone; correct?
A. Yes.
Q. Did it also last approximately 30 minutes?
A. Yes.
MR. JACOBS: Leading.
THE COURT: Overruled.
BY MR. BRIGGS:
Q. If you look at the four items listed on
Exhibit 134, are they -- do they accurately reflect what
you discussed, or is anything missing?
A. Again, they accurately reflect what was
discussed, but there were -- and I think he was the
chair of the commission at the time, so I'm a little
more sure that with him these two additional points, and
certainly the point of the precedent setting
interpretation of the LCP by the City of Malibu's
decision-makers, came up.
Q. Did Commissioner Kinsey ask any questions
during that conversation?
A. He may have. I don't recall. The only
commissioner that I recall having asked questions more
actively was Commissioner Cox.
Q. Commissioner Cox?
A. Yes.
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Q. Gregory Cox?
A. Yes. And Shallenberger, too.
Q. Okay.
A. They were more actively participating.
The others, my recollection at this time, is
were more -- they were talking, but they were more
listening and asking less questions.
Q. Do you recall an ex parte communication with
Commissioner Vargas?
A. Vargas?
Q. Yes.
A. Yes.
Q. When did that ex parte occur?
A. I recall that that had been rescheduled, and
it took place on August 11, 2015.
Q. Was it morning or afternoon, do you recall?
A. I think it was early afternoon. And if I
remember correctly, he said that he was in his car
driving to Chula Vista, where the Coastal Commission
meeting took place.
Q. So that was by telephone?
A. Yes.
Q. And what did you discuss with
Commissioner Vargas? I take it the two items that you
have been referring to several times was discussed; is
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that correct?
A. I mean, we discussed -- the main topics we
discussed where taking issue with the points in the
staff report that we felt were prejudicial to our
clients' position, and one was, of course, the view
impact, the view interpretation of the LCP qualitative
policies protecting views.
The fact that the LCP doesn't distinguish
between minor -- or "views," as the staff report
referred to the view that would be obstructed, versus
major views, and that even -- and we made the point, as
we made with pretty much all other commissioners, that
we felt that, when along 1.6 miles of road most of the
views have already been obstructed by wall-to-wall
development and gates and vegetation, it would be very
important to protect even minor views because they would
be -- they were amongst five or so last remaining public
views.
So that was a topic of discussion with all the
commissioners.
MR. BRIGGS: I have no further questions for
this witness, Your Honor.
THE COURT: Cross.
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CROSS-EXAMINATION
BY MR. JACOBS:
Q. Good morning, Mr. Angel.
A. Good morning.
Q. So in response to a number of Mr. Briggs'
questions about the dates or details of various
communications you had, you were looking down at the
ex parte disclosure forms, were you not?
A. Uh-huh.
Q. And you testified that on some of the issues,
your memory was a little fuzzy about which commissioners
had what conversations, yes? Is that a fair
characterization?
A. I'm not sure I understand your question.
Q. Okay. All right.
So sitting here today, you don't have -- in
testifying about these conversations that happened in
2015, you don't have an independent recollection of
exactly what issues were discussed with which particular
commissioners; correct?
A. All I can say is I don't have an independent
recollection with which ones of the commissioners I
specifically emphasized these two points that are on
none of the disclosure forms.
Q. Okay.
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A. And also you were saying I was looking at the
ex parte disclosure forms, and so to be, you know, fully
truthful, I'm also -- I printed out, in preparation of
this, from my Outlook calendar, the dates we had the
ex partes scheduled so that I could testify correctly as
to what time of the day and what date we had the
ex partes with the various commissioners.
Q. So in answer to Mr. Briggs' questions about
the dates on which meetings happened, you were reading
from your calendar; correct?
A. Yes.
Q. Okay.
A. And I was comparing it to the ex parte
disclosure form and it matched.
Q. But sitting here in court in 2018, you don't
have an independent recollection of the precise dates
and times of these various communications that you have
been testifying about; right?
A. I have recollection that I know it was in --
within the two weeks prior to the Coastal Commission
meeting, and I have independent recollection that that
meeting was toward the middle of August in Chula Vista.
And so the recollection I have is not the
exact date or the exact time, but the recollection I
have is that the staff report came out late July of 2015
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and that then we had a series of ex partes in the days
that followed, and they were all prior to the
August 12th, 2015, meeting.
Q. For your answers to Mr. Briggs' questions
about the duration of the communications, were you
relying on a document?
A. I was relying on my recollection. My
recollection is that I am very close to certain that
none was less than 15 minutes.
And as I testified before, on Monday I had --
I was calling Ms. Wan and I asked her if she had
specific recollection or if she had recorded the time of
some of the ex partes.
Q. So were any of your answers about how long the
conversations lasted based on what Ms. Wan told you when
you checked in with her on Monday?
A. No. Mine were more conservative. I can give
you the times that she gave me.
Q. No, that's fine.
A. Okay.
Q. I think she will be testifying, and she can
speak for herself.
So you mentioned that the ex parte
communications that Mr. Briggs asked you about involved
presentation of a PowerPoint that you prepared, a
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PowerPoint presentation? Yes?
A. Yes. I mean, not everything that was in my
PowerPoint was in Ms. Wan's PowerPoint. That was an
abbreviated PowerPoint. And that abbreviated PowerPoint
she shared with the commissioners, to the best of my
recollection.
Q. Okay. Do you have a binder with Exhibit 293
in front of you?
A. Which one is that -- which ex parte would that
be?
Q. It's not a specific ex parte, but I will come
over --
THE COURT: That's very good.
MR. BRIGGS: Volume 4.
It would be in Volume 4 of the black binder,
Your Honor.
THE COURT: It must be on the stand.
THE WITNESS: Which number?
MR. JACOBS: Your Honor, I don't see it on the
stand, and I don't see it on the rack.
So here is Binder 4.
Your Honor, I have placed the page
consecutively numbered Q14 of Exhibit 293 in front of
the witness.
THE COURT: Thank you.
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BY MR. JACOBS:
Q. So, Mr. Angel, have you seen -- this is a hard
copy of a computer website. Have you seen what's before
you previously? And I can represent that other
witnesses have testified that this is a page from the
Coastal Commission's website, it lists commissioners,
and it lists ex parte rules at the bottom. Is that --
A. I mean, it's dated July 11, 2017. And I don't
think that I had any reason to look at it. I may have
seen it. I don't know. But --
Q. Whether or not you saw this particular
version, did you ever go on the commission's website and
look at a list of commissioners that had ex parte rules
at the bottom, some version of it?
A. Occasionally.
Q. When you were doing work that involved the
commission, had you reviewed the rules that were posted
regarding ex parte communications?
A. Yes.
Q. Okay. And you'll see a reference in what's
before you to materials that are presented to
commissioners. And do you see the reference to parties
presenting materials needing to submit those to staff?
A. Right. I can see what it says.
Q. Right.
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So when you were having ex partes, was that
consistent with your understanding of the rules?
A. I'm not sure that I understand the question.
Q. When you were --
A. What would be consistent with my understanding
of the rules?
Q. When you were having ex parte communications
with commissioners, did you have an understanding that
if you were presenting materials to the commissioner,
you were required to submit those materials to the
commission staff?
MR. BRIGGS: Objection. Relevance.
THE COURT: Overruled.
THE WITNESS: I don't have independent
recollection of that, but if I had submitted to them a
PowerPoint, I would have probably submitted it to the
staff as well. I mean, when I handed out my PowerPoint
on August 12th, I had copies for each commissioner.
THE COURT: What he wants to know is, during
an ex parte, if you gave a commissioner a PowerPoint
present, did you also give it to the staff?
THE WITNESS: To the best of my recollection,
I didn't give them a PowerPoint presentation. I think
it was Ms. Wan that emailed it to them. And I think --
I believe, although I don't know independently, that she
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would have copied staff.
BY MR. JACOBS:
Q. Okay. In the instances that you testified
about, you presented written materials to commissioners;
correct?
A. If I presented --
Q. In these specific examples, the ex partes that
you talked about with Mr. Briggs, you presented written
materials to the commissioners that you talked to;
right?
A. I didn't present written materials. We
presented a PowerPoint, and that was presented by
Ms. Wan. The only communication that I may have had
could have been -- could have been an email asking --
responding to a follow-up question or sending a
photograph of a view. I remember that Ms. Shallenberger
asked for a specific photograph, and maybe
Commissioner Cox as well -- Commissioner Shallenberger
and Commissioner Cox. And so those -- so I may have
sent her photographs that they requested shortly after
the ex parte.
Q. Was there anything that you submitted to the
commission staff in connection with the ex partes that
you have testified about?
A. Like I say -- what I said, these emails -- I
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think the two commissioners, I sent -- I had an email
exchange with a photograph that they requested. And I
remember -- now I remember it was Commissioner Cox and
it was Commissioner Shallenberger. And the
photograph -- I do remember that Commissioner Cox wanted
a photograph of the view taken from the landlord's side
of the road, and so I provided that photograph. And we
had that photograph. And I don't know if it was in
Ms. Wan's PowerPoint, but that photograph is also in the
administrative record with the commission.
Q. Because you submitted that photograph to
staff; correct?
A. Yes. I think it's in the PowerPoint.
Q. And the reason you submitted it to staff was
because it was your understanding that, as the party
initiating the ex parte and providing written material
to staff, that was what you were supposed to do;
correct?
A. All I know is that it is in the record. It
was a photo that I took, so it couldn't have been
submitted by Ms. Wan.
Q. Well, my question wasn't about who submitted
it. I'm asking -- you have already testified that you
submitted it.
I'm just asking about the reason that you
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submitted it. So my question was the reason that you
submitted the photograph to staff was because that was
your understanding of what you were supposed to do as
the person initiating the ex parte; correct?
A. I would have to speculate. I submitted it to
staff. It's in the record. So that's all that I know.
I can look at my PowerPoint and I can confirm it, if you
give me the time.
Q. In general, this was -- the ex partes that you
have testified about were not your only ex partes with
commissioners; correct?
A. Pardon me?
Q. You have had other ex parte communications
with coastal commissioners besides the specific ones
that you have testified about today.
A. Very few and very rarely. This was -- I never
had ex parte communications with commissioners in the
manner like in this case. So I may have had one other
ex parte over a period of -- I mean, a handful over a
period of more than 20 years. This is the only case
that I remember that we had ex partes sort of almost
like applicants do. And -- well --
Q. When you had the ex partes with the
commissioners that you have testified about, was there
any information that you -- that passed back and forth
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in that conversation that you wanted to be confidential?
A. I don't remember that I wanted anything to be
confidential.
Q. It's fair to say, isn't it, that the
information that you were providing to specific
commissioners was information that you wanted everyone
to have; right?
A. The information that I provided
commissioners -- the arguments we made were arguments,
to the best of my ability, we presented either in the
letters, the appeal grounds, or -- at the hearing, I
didn't have much time. I had three minutes.
Q. The information that you provided to
commissioners in the ex parte communication that you
have talked about was information that was publicly
available on that matter; correct?
MR. BRIGGS: Objection. Calls for
speculation.
THE COURT: Overruled.
You may answer.
BY MR. JACOBS:
Q. I mean --
THE COURT: Are you withdrawing the question?
MR. JACOBS: Yes.
THE COURT: Ask another one.
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BY MR. JACOBS:
Q. The arguments that you were making were
arguments that were in the record; correct?
I mean, perhaps not at the time that you were
having the conversation, but by the time of the hearing,
the arguments that you were making were in the record,
as far as you could tell; right?
A. I mean, that is really a general question.
And the main arguments we were making, yes, I cannot
think -- if you have anything that you think is not in
the record and you let me know, then I can tell you, if
I remember, that I made another argument or not. But I
can't just, as I sit here, recall that we were making
arguments that are not either in the PowerPoint or in
the correspondence to the city council or in the
correspondence to the Coastal Commission.
Q. The arguments that you were -- the information
and arguments that you were presenting to commissioners
in ex partes, was information that they would have been
exposed to anyway by reading the materials that you had
submitted directly to the commission staff, right,
letters and other documents that you submitted?
A. They wouldn't be exposed to that?
Q. No, they would be.
A. Yeah.
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Q. Yes. Right.
So the reason that you had the ex partes with
these commissioners was to make sure that they saw this
information that was otherwise available to them;
correct?
A. All I can say is that the reason we had the
ex partes where that you get only a few minutes, three
minutes, and maybe we got four minutes -- I can't
remember exactly -- on the substantial issue. There
were significant issues that had some complexity and
that we felt we could not intelligently enough explain
in the short time allocated to us at the public hearing.
Q. Did you have any concerns -- as far as you
were aware, were there any limits on what you could
submit to the commission in writing in connection with a
matter?
A. No.
Q. So there was no obstacle that you were aware
of to presenting the same information in a written
submission to the commission staff for the record as you
presented in the ex parte communications; right?
A. If it's written information, yes. How you
verbalize things, I would have had to record the
conversation and then provide, I guess, a recording to
staff to reflect exactly, you know, what was said.
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MR. JACOBS: Your Honor, move to strike
everything beginning with "how you verbalize."
THE COURT: The motion denied. The problem is
with the question, not the answer.
MR. JACOBS: I have no further questions,
Your Honor.
THE COURT: Anything further?
MR. BRIGGS: Nor I, Your Honor.
THE COURT: I do have a couple for you, sir.
Can you get Exhibit 36 and Exhibit 237.
MR. BRIGGS: May I help him, Your Honor?
THE COURT: Yes.
THE WITNESS: 36 and --
THE COURT: 36 and 237 in front of you,
please.
MR. BRIGGS: Your Honor, Exhibit 36 is in
front of the witness.
THE COURT: Thanks.
How about 237?
MR. BRIGGS: Coming up in a moment.
THE WITNESS: This is 249. This is the Howell
ex parte.
MR. BRIGGS: Your Honor, did you say 36 or
236?
THE COURT: 36.
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MR. BRIGGS: Okay. 36 is in front of the
witness. And 230- --
THE WITNESS: Can you show me where the number
is, because I always see different numbers. Oh, those
numbers. The tabs. I got it.
MR. BRIGGS: 36 and 237?
THE COURT: Right.
MR. BRIGGS: 237 is also in front of the
witness, Your Honor.
THE COURT: Thanks.
Now, sir, my question is, did you draft either
of those?
THE WITNESS: No. But I spoke with Ms. Wan,
and she told me she drafted them.
THE COURT: Okay. All right. Good. Thank
you.
Counsel are free to follow up with the
question and answer just made by the Court.
Anything further?
MR. BRIGGS: Not from the plaintiff,
Your Honor.
THE COURT: Anything further?
MR. JACOBS: No, Your Honor.
THE COURT: Okay. Thanks. You are excused.
THE WITNESS: Thank you, Your Honor.
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THE COURT: Ms. McClure, please retake the
stand. You remain under oath.
THE WITNESS: Thank you.
THE COURT: Thank you.
MARTHA McCLURE (PER 776 RESUMED),
Having been previously sworn by the Plaintiffs, resumed
the stand and testified further as follows:
DIRECT EXAMINATION
BY MR. BRIGGS:
Q. Ms. McClure, you, since this lawsuit -- well,
withdrawn.
You haven't deleted any of your emails
concerning any ex parte communications since January 1
of 2013; correct?
A. Not to the best of my memory, no.
Q. Exhibit 202.
Ms. McClure, would you be kind enough to take
a look at Exhibit 202.
Do you recognize Exhibit 202?
A. No, I don't.
MR. BRIGGS: Your Honor, I would like to read
from Page 64, Lines 2 through 6.
THE COURT: Without anything linking 202 to
the referenced Exhibit E from the deposition, I can't
find that this is impeaching.
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MR. BRIGGS: Okay.
THE COURT: So permission to read is denied.
But you are free to show her the depo transcript. Or
perhaps 202 has the Exhibit E sticker on it from the
depo. I don't know.
Does it?
THE WITNESS: Yes.
BY MR. BRIGGS:
Q. Do you see on the first page that it says
Exhibit E? That's what I was trying to check.
A. Yes.
Q. Do you recognize Exhibit 202 as Exhibit E from
your deposition?
A. No. This is a Superior -- Superior Court of
California, Orange, Civil Complex Center. And it should
have been signed by Jennifer Rose -- Rosenfeld, Julie
Hamilton.
Q. Do you see the exhibit sticker toward the
bottom of the first page of Exhibit 202?
A. Yes.
Q. Does it say "Exhibit E"?
A. Yes.
Q. Does it have "McClure" under that?
A. Yes.
Q. And does it have the date October 11, 2017?
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A. Yes.
Q. That was the date of your deposition; right?
A. Yes.
Q. Do you now recall looking at Exhibit E during
your deposition on October 11th of last year?
MR. JACOBS: Objection. Relevance.
THE COURT: Overruled.
THE WITNESS: It's a clerk certificate of
mailing.
THE COURT: He didn't ask you that, ma'am.
THE WITNESS: Oh. No, I don't.
BY MR. BRIGGS:
Q. You don't recall looking at Exhibit E during
your deposition?
A. No.
MR. BRIGGS: Your Honor, I would now like to
read from Page 64, Lines 2 through 6.
THE COURT: You may.
MR. BRIGGS:
"Question: Exhibit E is a final ruling
from the Orange County Superior Court and the
Friends of the Canyon lawsuit from
September 2016. Do you recognize that
document, Ms. McClure?
"Answer: I believe I do, yes."
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BY MR. BRIGGS:
Q. Do you now recall that document, Ms. McClure?
A. No.
Q. Do you recall reading that document all by
yourself at some point in time before your deposition?
A. No.
MR. BRIGGS: Your Honor, I would like to read
from Page 64, Lines 7 through 11. Sorry, 7 through 14.
MR. JACOBS: I would object that that passage
is not impeachment.
THE COURT: It's not. If you read the whole
passage, it's actually consistent.
The essence of the testimony is that she had a
foreshortened version apparently from staff. So it's
consistent.
MR. BRIGGS: Your Honor, I would like to read
from Lines -- on Page 64, Lines 19 through 22.
THE COURT: You can do that, but only if you
get inconsistent testimony first. So ask her that
question and get an inconsistent answer and then you'll
be able to read.
BY MR. BRIGGS:
Q. You have read Exhibit E independently sometime
around September of 2016; correct?
A. No.
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372
MR. BRIGGS: Your Honor, I would like to read
from Page 64, Lines 19 through 22.
THE COURT: Now you may do so.
MR. BRIGGS:
"Question: But nonetheless, on your own,
you have independently read Exhibit E sometime
around the time of the ruling; correct?
"Answer: To the best of my recollection,
yes, I did."
BY MR. BRIGGS:
Q. Do you recall that testimony, Ms. McClure?
A. Yes.
Q. Okay. Have you read -- take a look at
everything in Exhibit 202. Have you read any portion of
that exhibit -- had you read any portion of that exhibit
before your deposition in this case?
A. Yes, I read the Friends of the Canyon
information, but not this page where it transmitted the
minute order.
Q. Okay. So everything after the first page of
Exhibit 202 you have read; correct?
A. Yes.
MR. BRIGGS: Your Honor --
THE WITNESS: I think, yes.
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BY MR. BRIGGS:
Q. And you recall reading that as you were a
coastal commissioner; correct?
A. If this were a staff report, then yes. If
this is a court document from the minute order, I
wouldn't have read it during a commission activity.
Q. Did you read it while you were a coastal
commissioner?
A. Yes.
MR. BRIGGS: Okay. Your Honor, I would like
to move into evidence --
THE WITNESS: I think.
MR. BRIGGS: -- Exhibit 202 in its entirety.
MR. JACOBS: Objection, Your Honor. It is
hearsay. I object based on relevance.
THE COURT: Relevance is not clear to me.
What's the hearsay exception? What hearsay
exception, Mr. Briggs?
MR. BRIGGS: I'm sorry, I thought you were
asking Mr. Jacobs.
THE COURT: Why would I ask him an exception
to a hearsay objection?
MR. BRIGGS: I'm not offering it for the
truth, actually. I'm offering to show that she was
aware of the contents. But let me ask some more
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questions, and I think it will become clearer.
THE COURT: Okay.
BY MR. BRIGGS:
Q. Would you please turn to page -- at the bottom
it says 66 --
THE COURT: Go put your finger on the passage
that you want to ask her about, for about the third
time.
BY MR. BRIGGS:
Q. At the bottom of the page marked 669, do you
see where it states:
"It is evident from the administrative record
that six commissioners participated in the hearing and
voted on the project without properly disclosing
ex parte communications."
Do you see that sentence?
A. Yes.
Q. The sentence after it states:
"Those commissioners are: Cox, Howell,
Kinsey, McClure, Turnball-Sanders, and Vargas."
Do you see that?
A. Yes.
Q. Did the commission -- did the commission
appeal this ruling?
A. No.
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Q. After this ruling came out, did you do
anything to change the way that you processed your
ex parte disclosures?
A. No.
Q. Did you express any disagreement with the
ruling?
A. Yes.
MR. JACOBS: Your Honor, I would object to the
extent that the question calls for attorney-client
communications.
THE COURT: The objection is overruled. So
far she hasn't disclosed any. She said "yes." And that
answer stands.
MR. JACOBS: Your Honor, to clarify the
objection was not to the last question, but to the
question that was just asked.
THE COURT: I know. And it was:
"Did you express any disagreement with the
ruling?"
She answered, "Yes."
MR. JACOBS: I'm sorry.
THE COURT: That doesn't disclose the content
of any communication.
BY MR. BRIGGS:
Q. In what way did you disagree with the ruling?
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MR. JACOBS: Again, object based on
attorney-client communications.
THE COURT: He is not asking for her to
disclose any, he's asking her how she disagreed, her
mental impression about how she disagreed.
He's entitled to ask that, and she's required
to answer.
Overruled.
THE WITNESS: I disagreed on the ruling on two
points in that case: The first one was that I disagreed
that the red line stream, evaluation of that project had
not been presented properly by the staff, therefore, we
needed to go back and present a more comprehensive look
at that and actually identify it as a red stream.
The other was that I objected that they didn't
go back on the commissioners' record is, one, I didn't
know that they were saying I didn't have one when they
submitted it to the Court. I read it in the L.A. Times,
and went back and produced my copy of my ex parte that
was turned in on the day. And that I believed that the
Coastal Commission was not appealing this, not in an
effort to defend coastal commissioners, but they were
not going to appeal because they had a faulty analysis
of the stream configuration that the judge found was
actually, I think, what was referred to as a "red line
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stream."
BY MR. BRIGGS:
Q. Did you do anything to modify your own
procedures for submitting ex parte disclosure forms
after you read this ruling?
A. I don't believe so. I did alter, but I don't
believe it was immediately here.
Q. Okay. Did this ruling cause you to rethink
the way that you handled your ex parte disclosures in
any way?
A. No. It was another example that the staff
didn't file my paperwork.
MR. BRIGGS: Your Honor, I would now like to
move Exhibit 202 into evidence.
THE COURT: Any objection?
MR. JACOBS: Yes, Your Honor. I still think
we have hearsay problems and a relevance problem.
THE COURT: The hearsay objection is overruled
inasmuch as the Court finds that the purpose of
Exhibit 202 is to show awareness, not the truth of the
contents stated therein. And I do believe it is
relevant.
Overruled. 202 is received.
(Court's Exhibit 202 received in
evidence.)
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MR. BRIGGS: Thank you, Your Honor.
THE COURT: What is the date of that ruling,
please, Madam?
MR. BRIGGS: I'm sorry. Your question again?
THE COURT: I asked the witness the date of
the ruling.
THE WITNESS: It must have been
September 22nd, 2016, when it was electronically
submitted by the Orange County Superior Court of
Santa Ana.
THE COURT: Thanks.
And when did you leave the commission?
THE WITNESS: In December of 2016.
BY MR. BRIGGS:
Q. Did you ever do anything to confirm that staff
had put your disclosures into the record, any of your
ex parte disclosures?
A. No.
Q. Why not?
A. Based on my experience as a 30-year school
teacher and 20-year supervisor, I found that when I gave
my information to my clerk or to my transcript people, I
didn't have to go back and check ever because that was
their job.
Q. At what point did you learn that the
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Coastal Commission staff wasn't performing its job, in
your mind, the same way your staff from school and the
county were?
A. When the information about this case came up,
is when I put it all -- put all of the puzzle pieces
together, that I may have known fragments, but it hadn't
risen to a place for my concentration.
Q. And that was in the later part of 2016?
A. Absolutely.
Q. So before July 9th of 2016, you had no idea
that your ex parte disclosure forms were not routinely
put into the official record for a project; correct?
A. Correct. I had never heard from a staff
member or the executive director that I was -- that any
of my ex partes were not sufficient and that -- I would
assume that they were all on file, so I was never
informed that there may be a problem.
Q. You had access to the commission's website
where the agenda materials were located; right?
A. Absolutely.
Q. And you opened those files and read all of the
materials there for every project that you heard;
correct?
A. I attempted to read every detail, but some of
the articles -- some of the applications, were about
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1,900 pages when it came to different letters that had
been submitted, and I didn't always read all of those
letters -- but I definitely read the staff report -- nor
did I read the -- do any research into any of the firms
that had participated in any of the reports that had
been put before us. So I never dug any deeper than what
was submitted.
MR. BRIGGS: Your Honor, I would like to read
Page 73, Lines 3 through 5.
MR. JACOBS: I would object that that's not
impeachment of the testimony just given.
THE COURT: I don't agree.
You may read.
MR. BRIGGS:
"Question: And you opened those files
and read all of the materials there; correct?
"Answer: Correct."
BY MR. BRIGGS:
Q. Did you know when you were a commissioner that
you were prohibited from participating in any decision
until your ex parte communication was fully disclosed?
A. Yes.
Q. Did you read the agenda materials for the
items -- withdrawn.
Do you have an understanding of the reasons
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why ex parte communications are to be disclosed?
A. Yes.
Q. What's your understanding?
A. That everyone has equal information and that
it's all on a transparent field.
Q. Also, so that members of the public can
respond to anything that was shared in an ex parte
communication; correct?
A. Correct.
Q. So that members of the public can be fully
prepared to make their best case once they get to the
commission; correct?
A. Correct.
Q. I'd like you to -- Exhibit 6. That was wrong.
Prohibited.
Okay. We're looking at Exhibit 215. And I've
asked you to look at what is within Exhibit 215 that was
marked as Exhibit 1.
Do you recognize the memo there dated
August 4, 2016?
A. Yes.
Q. Those pages are numbered 786 and 787 at the
bottom; right?
A. 786 and 787. Correct.
THE COURT: And that's where we'll leave it
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for the noon recess. I'll see everybody at half past
1:00 this afternoon.
NOON RECESS
---000---
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383
San Diego, California, Wednesday, February 28, 2018
PM Session
---000---
THE COURT: Ms. Packard, where is the witness?
MS. PACKARD: She is out in the hall. I will
go get her.
Sorry about the delay, Your Honor. They are
on their way.
THE COURT: Thank you, Ms. Packard.
MR. JACOBS: Your Honor, might I ask a
question?
THE COURT: Yes.
MR. JACOBS: So by my phone, that clock is
approximately five or six minutes fast.
THE COURT: Six.
MR. JACOBS: Okay. And so --
THE COURT: Six minutes being an important
increment in the practice of law in some circles.
MR. JACOBS: So for future reference,
the Court will resume according to that clock; is that
correct?
THE COURT: Yes. The pretrial order said that
specifically.
MR. JACOBS: Okay. I had forgotten that, and
I apologize.
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THE COURT: That's okay.
MR. JACOBS: Thank you, Your Honor.
THE COURT: Okay.
You may resume your examination.
MR. BRIGGS: Thank you, Your Honor.
MARTHA McCLURE (PER 776),
Having been previously sworn by the Plaintiffs, resumed
the stand and testified further as follows:
DIRECT EXAMINATION (CONTINUED)
BY MR. BRIGGS:
Q. Ms. McClure, just before you reached the
stand, I turned your exhibit book to Page 758 of
Exhibit 215. And within Exhibit 215, the four pages
that begin 758 and continue through 761 represent
Exhibit 1.
Do you recall that from your deposition?
A. Yes.
Q. And do you recognize Pages 758 through 761 as
a website of the Coastal Commission?
A. I'm still trying to get to -61, so -- yes.
Q. Okay. That is --
A. Yes.
Q. That is a version of the roster of the coastal
commissioners on the Coastal Commission website;
correct?
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385
A. Uh-huh.
Q. "Yes"?
A. Yes.
Q. And you reviewed that website on numerous
occasions while you were a coastal commissioner;
correct?
A. Yes.
Q. Okay. And if you would turn to the bottom of
Page 760 and continue on to 761, you will notice a
section called "Ex Parte Communication Requirements."
Do you see that?
A. Correct.
Q. And you read that section while you were a
coastal commissioner; correct?
A. Yes.
MR. BRIGGS: Your Honor, I would like to move
into evidence Exhibit 215.
THE COURT: A bunch of RFAs. I don't think
so.
MR. BRIGGS: Okay. What I would -- then,
alternatively, I'd like to move in Pages 758
through 761.
THE COURT: Okay. This is another aspect of
the Court's pretrial order that was not specifically and
carefully reviewed by counsel.
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This is how you get stuff before the Court of
Appeal and have them throw up their hands and say "I
don't know what was received and what wasn't."
So I'm going to let you do it one time; but
from this point forward if you are going to offer only
subparts of an exhibit, they have to be specifically
marked separately or you have to break it down by the
subparts so that when the clerk clerks it in, she
doesn't have to write up in the margin the subparts.
Okay? Because otherwise, the Court of Appeal is going
to see this as a mess.
MR. JACOBS: I object that it's hearsay,
Your Honor.
THE COURT: The commission's website?
MR. JACOBS: Yes. I don't object to it being
admitted for the purpose of the witness's state of mind,
but for the truth of the matters asserted, I think it's
hearsay.
THE COURT: Okay. I thought you were going to
be using the official records exception in your own
case.
MR. JACOBS: Well, I attempted to this
morning, Your Honor, and there may be some exhibits for
which it is appropriate, but here I'm not sure that the
foundation has been laid for that.
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THE COURT: I disagree. I think the witness
has testified that it is the commission's website and
she reviewed it during the relevant time frame.
MR. BRIGGS: Your Honor, there is --
THE COURT: So I'm going to receive this
subpart of Exhibit 215.
Now, what was it that you wanted to say?
MR. BRIGGS: There's going to be three more
items within 215.
THE COURT: Then redo the exhibit list in
accordance with the pretrial order and the information
that I have just shared with you.
MR. BRIGGS: Can we provide that revised
witness list in the morning?
THE COURT: Obviously you cannot do that while
you are examining the witness. I get that.
We had this in the last trial. At the advance
trial review order that I gave you at the TRC, you will
see the last page is an article that I stole, blatantly
stole from "The Daily Journal." And what you have just
done is exactly what that article counsels against how
not to handle exhibits at trial. It's an untenable
situation for the clerk and, more importantly for your
purposes, one of you, for the Court of Appeal to
understand what was and was not received in evidence.
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388
MR. BRIGGS: Okay.
THE COURT: Okay. Enough pontificating by me.
So right now we have four pages of Exhibit 215
received in evidence.
MR. BRIGGS: 758 through 761.
THE COURT: Correct.
(Court's Exhibit 215, Pages 758
through 761 received in evidence as
indicated.)
BY MR. BRIGGS:
Q. Does the language on the bottom of Pages 760
over onto the 761, is that consistent of your
understanding of the ex parte rules that applied to you
as a coastal commissioner?
A. Yes. And I believe it was posted on there
from the very beginning.
Q. I would now like you to take a look at
Page 786 and Page 787.
Do you recall those two pages that you
reviewed at your deposition?
A. Yes.
Q. And do you recall seeing those two pages prior
to deposition while you were a commissioner?
A. Yes.
Q. When did you receive these two pages?
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389
A. Probably ten days before the hearing date,
which would be -- I don't know what the hearing date
was.
Q. Middle of August 2016?
A. It would be during the Coastal Commission's
meeting that month, and I don't know. I think they
started like on the 10th that month.
Q. So you received this document sometime in
early August of 2016; correct?
A. Yes. As part of my agenda packet.
Q. And did you read the memo when you got it?
A. Yes.
Q. And is it consistent with your understanding
of the ex parte rules and disclosure procedures that
applied to you while you were a commissioner?
A. Yes.
MR. BRIGGS: Your Honor, I would, with your
indulgence and my apologies, like to move in Pages 786
and 787 of Exhibit 215.
THE COURT: Any objection?
MR. JACOBS: No, Your Honor.
THE COURT: They are received.
(Court's Exhibit 215, Pages 786 and
787 received in evidence.)
MR. BRIGGS: Thank you.
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BY MR. BRIGGS:
Q. Is there anything in those two pages that
differs from what the rules of procedures were before
August 4th of 2016?
MR. JACOBS: Calls for a legal conclusion.
THE COURT: Overruled.
You may answer.
THE WITNESS: Would you repeat your question,
please.
MR. BRIGGS: Yes.
BY MR. BRIGGS:
Q. Is it true that there's nothing in the
August 4, 2016, memo that differs from what the rules or
procedures were before August 4 of 2016?
A. No.
Q. No, it's not true?
A. There's one line -- it's true, but only -- it
explained by giving assignment to name the person where
it was going, if we released, and then also the advice
of mailing it a few days early in case it didn't make
the seven days. So those details of who to talk to and
who to call.
Q. Are you saying that there is something in this
two-page memo that differs from what the rules of
procedures were?
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391
A. Not the rules of procedures; the process of
procedures.
Q. What's the difference between the rules of
procedure and the process of procedure?
A. For instance, I don't believe I was ever
directed, if sending ex parte disclosures by mail,
commissioners should mail them a few days in advance of
the seven-day reporting deadline, and also that we hand
deliver. They actually named the person. And I think
that's all that's here. It's explanatory of the
process.
Q. So your testimony is that there are some
procedures identified in that memo that are different
from what they were before August 4th of 2016; correct?
A. No, sir. There is an expansion of the process
to explain, but the procedures remain the same.
Q. So is it --
A. For instance -- may I speak?
MR. BRIGGS: Your Honor, it's safe to ignore
the buzzing outside?
THE COURT: The deputy is attending to it.
MR. BRIGGS: Okay.
THE COURT: He will let us know if it requires
action on our part.
MR. BRIGGS: Okay.
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BY MR. BRIGGS:
Q. You were saying something?
A. It gave more information as to where to
deliver things, it offered the fax numbers, and it was
more detailed in the process, but it's the same premise
of the ex parte communications.
MR. BRIGGS: Your Honor, I would like to read
from Page 109, Lines 7 through 10, of the witness's
deposition transcript.
MR. JACOBS: Your Honor, I don't think that's
impeaching.
THE COURT: If it is at all, it's mild. I'll
allow counsel to read, but I don't take much from this.
It's mild impeachment at best.
Proceed.
MR. BRIGGS:
"Question: Isn't it true there is
nothing in the August 24, 2016, memo that
differs from what the rules or procedures were
before August 4th, 2016?
"Answer: Correct."
BY MR. BRIGGS:
Q. Ms. McClure, I'm now going to direct your
attention to Page 792 within Exhibit 215 and the pages
that follow it.
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Do you recognize it as a PowerPoint
presentation given to you during a Coastal Commission
meeting?
A. Yes.
Q. By Christopher Pederson?
A. I don't know if it was Chris Pederson or Hope,
but I think it was Chris Pederson.
Q. And you recognize that PowerPoint presentation
going all the way through Page 807?
A. Yes.
Q. Did you pay attention during that
presentation?
A. Yes, I did.
Q. Did you ask any questions in response to the
presentation?
A. I don't recall.
Q. Okay.
MR. BRIGGS: Your Honor, I would, again, with
your indulgence, like to move into evidence Pages 792
through 807 of Exhibit 215.
MR. JACOBS: Again, Your Honor, I don't object
to it being admitted for state of mind, but it is
otherwise hearsay.
THE COURT: What is the purpose of offering
this?
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MR. BRIGGS: It goes to show that there was
training for the witness. It goes to show that she was
on notice of procedures. It goes to show that she had
an opportunity to ask questions about her understanding
of the ex parte rules.
THE COURT: Hold on.
MR. JACOBS: Your Honor, I'm not certain that
admission into evidence does any of those things here.
THE COURT: Hold on.
Well, what I was wondering about is whether
this wasn't the subject of a stipulation. Item 4 of the
stipulation that you filed on February 20th says:
"Each of the defendants had read the ex parte
rules as codified at Public Resources Code
Sections 30320 et seq."
So you want to go further than that and
establish that they received training?
MR. BRIGGS: Yes.
THE COURT: Because it goes to the issue of
willfulness.
MR. BRIGGS: It goes to the issue of
willfulness and the issue of opportunity to make
adjustments along the way.
THE COURT: Okay. The objection is overruled.
And the document is received for the purpose of such
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notice as it may have been imparted.
(Court's Exhibit 215, Pages 792
through 807 received in evidence.)
THE COURT: So, Madam Clerk, that was now 792
through and including 807, which is still the subpart,
unfortunately, of Exhibit 215.
BY MR. BRIGGS:
Q. Ms. McClure, I would like to direct you to
Exhibit 777.
Do you recognize Exhibit 777 as the minutes
for the Coastal Commission meetings in August of 2014?
A. Yes, I think so.
Q. Okay. You, as a commissioner, vote on
adoption of the minutes; correct?
A. Correct.
Q. And you reviewed these minutes when they
presented for approval before you voted on them?
A. Correct.
Q. According to the minutes, you were present on
August 12th, 13th, 14th, and 15th, all four days of the
Coastal Commission meeting; correct? Is that true?
A. Correct. I haven't looked at every page, but
yes.
Q. And if you turn to the page numbered 2689 --
A. Okay.
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Q. -- do you see Item 4.5: Ex Parte
Communication Legal Briefing?
A. Correct.
Q. And that was the legal briefing that
corresponds to the PowerPoint presentation we just
reviewed; correct?
A. Correct. And what I also referred to as
"training."
Q. Okay.
MR. BRIGGS: Your Honor, I would like to move
into evidence Exhibit 777.
THE COURT: Any objection?
MR. JACOBS: No, Your Honor.
THE COURT: Received in evidence.
(Court's Exhibit 777 received in
evidence.)
BY MR. BRIGGS:
Q. You spent the night at Don Schmidtz' house
after a Coastal Commission meeting; is that correct?
A. That's correct.
Q. If you needed to get a hotel that night in
lieu of staying at his house, the Coastal Commission
would have paid for the hotel room; correct?
A. Correct.
Q. Did you believe that you were off the
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Coastal Commission's agenda at that point after the
meeting?
A. Their agenda?
Q. Do you recall --
A. Yes.
Q. You were off the clock, essentially; right?
A. Yes.
Q. And then afterward, you decided to stay and go
to a football game with Mr. Schmidtz; correct?
A. Correct.
Q. And it was during that football game that you
decided to stay at his house; correct?
A. Correct.
Q. Do you recall telling me during your
deposition that there was really no consideration of,
"Well, should the commission pay for my overnight? That
was not a consideration."
Do you remember that statement?
A. Yes.
Q. Having the commission pay for you to stay the
night wasn't a consideration of yours that evening;
correct?
A. Correct.
Q. Do you think there's at least some appearance
of irregularity with you staying in the house of a paid
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advocate with business before your decision-making body?
A. No, I do not.
Q. I'll have you take a look at Exhibit 224.
Ms. McClure, do you recognize Exhibit 224?
A. Yes, I do.
Q. Do you see your signature on 224 --
A. Yes, I do.
Q. You have to let me finish my questions for the
sake of the court reporter.
You see your signature there, yes?
A. Yes.
Q. Do you know whether Exhibit 222 was included
in the --
THE COURT: Wait. 224 or 222?
MR. BRIGGS: Sorry.
BY MR. BRIGGS:
Q. Let's do this again --
THE COURT: At least you know I'm listening.
MR. BRIGGS: I didn't have any doubt about
that before.
BY MR. BRIGGS:
Q. Are you looking at Exhibit 224, Ms. McClure?
A. 28494? Oh, that's the case number. The
exhibit says "1."
Q. You are looking at 224. That's correct.
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399
And that is your signature on Exhibit 224;
correct?
A. Yes, it is.
Q. Do you know whether Exhibit 224 was included
in the website materials that were available to you and
the public before the public hearing on the project to
which the exhibit relates?
A. I don't know.
Q. Do you recall telling me at your deposition
that that disclosure would not have been included in the
website materials?
A. Well, right, it would not have been included.
Q. Okay. Do you have any reason to believe that
the -- withdrawn.
You are familiar with the video archives for
Coastal Commission meetings that are kept on the
commission's website; correct?
A. Correct.
Q. Have you ever known them to be inaccurate in
any way?
A. No.
Q. Have you ever known them to be doctored or
altered?
A. No.
Q. If you would turn the page to Exhibit 225.
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400
A. They are, at times, unavailable, for some
reason, to the public, and I don't know if that's an IT
problem, but they are unavailable.
Q. Would you please turn the page to Exhibit 225.
A. Okay.
Q. Do you recognize your signature on
Exhibit 225?
A. Yes.
Q. And the ex parte that you were disclosing
occurred on May 7th; correct?
A. Correct.
Q. Did you acknowledge -- did you disclose this
ex parte on the mic?
A. Yes, I did.
Q. Did you acknowledge during that oral
disclosure that the communications should have been
disclosed sooner?
A. I don't remember.
MR. BRIGGS: Your Honor, I would like to read
from Page 166, Lines 15 through 17.
THE COURT: You may read.
MR. BRIGGS:
"Question: Do you acknowledge that this
ex parte should have been disclosed before
May 17th?
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"Answer: Yes."
BY MR. BRIGGS:
Q. Do you understand that this ex parte
disclosure was late under the ex parte rules?
A. Yes.
Q. There's a reference in your disclosure to an
exhibit booklet.
Do you see that?
A. Yes.
Q. Was the exhibit booklet attached to the
disclosure form?
A. I think so.
Q. You don't know that, do you?
A. I have been unable to go back and verify
because I have been locked out of my county email
account since I am no longer a supervisor, so I haven't
been able to go back and double-check for you.
Q. Do you recall telling me at your deposition
that the exhibit booklet would have been turned in to
the staff, but it was an exhibit booklet had already
been delivered to staff. Do you recall that?
A. Yes.
Q. Is that true?
A. That would -- yes.
Q. How did you know that it had been delivered to
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402
staff already?
A. Because that's the rule of ex parte, that
anything that's given to me by an applicant needs to
have been in the hands of the staff.
Q. Do you recall telling me during your
deposition that the way you know it had already been
delivered to staff was your memory?
A. That also.
Q. Okay. Did you do anything to verify, before
signing this disclosure form, that the exhibit booklet
had been given to staff before your ex parte
communication?
A. No.
Q. Do you know whether Exhibit 225 was ever
received by the Coastal Commission?
A. My ex parte? Is that what we're looking at?
Q. Yes. Exhibit 225, was it ever received by the
Coastal Commission?
A. Yes.
Q. How do you know?
A. Because it came in the record from you.
Q. How do you know it was -- how do you know it
got turned in to the Coastal Commission?
A. Because they are who forwarded the information
to you.
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403
Q. You didn't get a "received" stamp on any
version of this ex parte disclosure form, did you?
A. No, I didn't.
Q. If you turn the tab backwards to Exhibit 224,
that's also one of your disclosures; correct?
A. Correct.
Q. And this disclosure was for an ex parte
communication about four months before the one in
Exhibit 225; correct?
A. Say that again.
Q. The ex parte communication in Exhibit 224
occurred about four months before the ex parte
communication in 225; correct?
A. No.
Q. Do you see the date at the top of Exhibit 224,
January 3, 2014 --
A. Yes.
Q. -- as the date of the communication?
A. Uh-huh.
Q. If you look at Exhibit 225, do you see the
date of communication as May 7th, 2014?
A. Say it again.
The -- what number is this?
Q. What I would like you to do is compare the
date of communication on Exhibit 224 to the date of
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404
communication on Exhibit 225.
A. Right. Right.
Q. Let me turn the page.
A. And I submitted it on January 8th.
Q. Okay. The communication disclosed in
Exhibit 224 occurred approximately four months before
the one in Exhibit 225; correct?
A. Yes.
Q. Exhibit 224 has a "received" stamp on it,
doesn't it?
A. Yes.
Q. So when you turned in ex parte disclosure
forms at Coastal Commission meetings, somebody there put
a "received" stamp on it; correct?
A. That was the intention, yes.
Q. Okay. Let me have you now look at
Exhibit 226, please.
MR. JACOBS: Your Honor, I would object that
this alleged violation is outside the scope of the
complaint in this matter. It's not one of the hundreds
of matters listed in the attachment to the complaint.
THE COURT: Overruled.
Proceed.
BY MR. BRIGGS:
Q. Do you recognize Exhibit 226?
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405
A. Yes, I do.
Q. It's for several ex parte communications, on
August 24th, August 25th, and August 29th of 2014;
correct?
A. Correct.
Q. It wasn't included in the agenda materials for
this project, was it?
A. I don't recall.
Q. Do you recall stating on the mic when this
project came up for consideration that you submitted an
ex parte that was on file?
A. Yes.
Q. But you don't actually know whether
Exhibit 225 was on file; correct?
A. It had been submitted, so I made the
assumption.
THE COURT: Wait, wait, wait, stop. I thought
you were on 226.
MR. BRIGGS: Sorry. You are correct. My eyes
are not my friends at the moment. We are on 226.
THE COURT: The testimony is stricken because
the question is problematic.
MR. BRIGGS: Is bad.
BY MR. BRIGGS:
Q. Look at Exhibit 226.
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406
A. Yes, sir.
Q. I apologize for the confusion.
Do you know whether Exhibit 226 was ever
submitted to the Coastal Commission?
A. Yes. I submitted it to the
Coastal Commission.
Q. How do you know that you did that?
A. Again, when you asked for the
Coastal Commission records, you received this ex parte.
Q. That's your only reason for believing that you
submitted this to the Coastal Commission?
A. Correct. I also reported it on the mic.
Q. There's no "received" stamp anywhere on
Exhibit 226; right?
A. Correct.
Q. At the bottom it states next to your name
"hard copy to follow."
A. Correct.
Q. What do those words mean?
A. That would mean that I had emailed it to them.
Q. You don't have a copy of the email, do you?
A. I'm locked out of that email system because it
was the county's system.
Q. You don't have a copy of the email, do you?
A. No, sir.
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407
Q. And as you sit here today, you distinctly
recall that you submitted this ex parte disclosure to
the Coastal Commission, Exhibit 226; correct?
A. That's correct.
MR. BRIGGS: Your Honor, I would like to read
from Page 168, Lines 10 through 13.
THE COURT: You may read.
MR. BRIGGS: I didn't hear you.
THE COURT: You may read.
MR. BRIGGS: Thank you.
"Question: Do you know what -- do you
know whether you ever submitted this ex parte
to the Coastal Commission?
"Answer: I don't have recollection."
BY MR. BRIGGS:
Q. If you would now turn to Exhibit 227.
Do you recognize Exhibit 227?
A. Yes, I do.
Q. Did you have the ex parte communication
described in Exhibit 227?
A. Yes, I did.
Q. Is there a reason you did not sign
Exhibit 227?
A. Carelessness.
Q. On what date did you -- well, withdrawn.
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408
Did you write Exhibit 227 or did somebody
write it for you?
A. It was written for me.
Q. On what date did you submit Exhibit 227 to the
Coastal Commission?
A. It would have -- it would have been on one of
the meeting days of October 7th, because I had travelled
to Santa Monica, which is about 900 miles from my home.
So it would have been right before the meeting or during
that meeting time.
Q. Do you actually recall submitting this
disclosure form?
A. I know that I submitted it. And I also
recorded on the mic and read from the paper on the mic
and turned it in.
Q. Please turn to Exhibit 228.
Do you recognize Exhibit 228?
A. Yes, I do.
Q. Is there a reason -- well, withdrawn.
Did you prepare that disclosure form, or did
somebody prepare it for?
A. It was prepared by someone else.
Q. On what date did you submit it to the
Coastal Commission?
A. I submitted it on October the 11th.
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409
Q. How do you know that?
A. I have done research and found my copy for the
11th and also went back and studied the agenda and
realized that this item had been taken up and acted on
prior. And then after the meeting I was invited to a
site visit because there was going to still be pending
application.
Q. Do you have any idea why there is no
"received" stamp on Exhibit 228?
A. No, I do not.
Q. What research did you do to determine when you
submitted that disclosure?
A. I went back, and when I read the agenda, it
triggered the memory of what day -- of why it was on the
10th and there was nothing on the agenda for that day, I
don't think. But that -- it had already been taken up
prior to my visit. I came after because things -- it
had -- I don't remember if it had been withdrawn or what
had happened, but there was still going to be ongoing
decisions to be made about this -- about that golf
course.
Q. So looking at Exhibits 224 through 228, do you
have any idea whether they were ever posted in the
online official record before the meetings for the
projects to which they pertained? Your answer?
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410
A. Will you repeat -- I must not have understood,
because my answer was unknown.
Q. Let me ask you again.
A. Okay.
Q. Do you have any idea whether Exhibits 224
through 228 were ever posted in the online official
record before the Coastal Commission meetings for the
projects to which they pertain?
MR. JACOBS: Your Honor, I will object that
the phrase "online official record" is vague and
ambiguous and assumes facts.
THE COURT: Sustained.
BY MR. BRIGGS:
Q. Ms. McClure, do you recall during your
deposition that I asked you the following question:
"Do you have any ideas whether
Exhibits 224, 225, 226, 227, or 228 were ever
posted in the online official record before
the meetings for the projects to which they
pertained?"
Do you recall that question?
MR. JACOBS: Your Honor, firstly, Counsel has
not identified where this is in the transcript.
THE COURT: It's improper impeachment.
Sustained.
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411
MR. JACOBS: Thank you.
MR. BRIGGS: Your Honor, may I be heard?
THE COURT: No, just ask her a question.
BY MR. BRIGGS:
Q. The public would not have seen Exhibits 224
through 228 before the Coastal Commission meetings;
correct?
MR. JACOBS: Objection. Foundation, calls for
speculation.
THE COURT: Overruled.
You may answer.
THE WITNESS: Correct. They were reported at
the mic, and then the paperwork was turned in at the
meeting.
BY MR. BRIGGS:
Q. After your oral disclosure; correct?
A. Correct.
Q. Please turn to Exhibit 229.
Do you recognize Exhibit 229?
A. Yes, I do.
Q. Do you know whether Exhibit 229 was ever
submitted to the Coastal Commission?
A. Again, it would have been reported on the mic
and then turned in from the hard copy from which I read
at the mic.
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412
Q. Please turn to Tab 232.
Do you recognize Exhibit 232?
A. Yes, I do.
Q. Did you sign it on February 11th of 2015?
A. Yes, I did.
Q. Do you know whether it was ever submitted to
the Coastal Commission?
A. It was submitted to the Coastal Commission
following my report out on the mic. And then I
submitted the paperwork from which I read at the mic to
the commission.
Q. Please take a look at Tab 233.
Do you recognize Exhibit 233?
A. Yes, I do.
Q. Did you sign it on February 11th of 2015?
A. Yes, I did.
Q. Did you turn it into the Coastal Commission?
A. Yes, I did.
Q. You turned it in on the day that you signed
it; correct?
A. Correct.
Q. And that was the day of the commission
hearing; correct?
A. Correct.
Q. After the hearing on this item had closed;
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413
correct?
A. No, I don't think this one.
Q. When did you --
A. I think that this one I report -- received my
-- my ex parte communication on 2-9-15 at 12:00 p.m.,
and I turned in it on 2-11. And that it could have been
taken up maybe on the 10th, but it turned it in with my
paperwork going in to Vanessa.
Q. On what date?
A. I would assume the 11th.
Q. But you don't recall; correct?
A. No.
Q. And you turned it in after you made your oral
disclosure?
A. After I disclosed it on the mic, within the
seven days.
Q. Please turn to Tab 234.
THE COURT: Wait. What does that mean?
THE WITNESS: What it means is that I would
report my ex parte out, and then I would also follow up
with a hard copy of which I had just reported out. And
the hard copy is not due within the seven days, but I
would turn them in. And that's where this confusion, I
think, is coming from.
THE COURT: I do not understand your
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414
testimony, ma'am.
THE WITNESS: May I try again?
THE COURT: I'm sure it's my fault.
THE WITNESS: No. May I try again?
THE COURT: Why don't you just wait for
Mr. Briggs. I don't want to take over his examination.
Wait for his question.
THE WITNESS: Okay. Thank you.
BY MR. BRIGGS:
Q. Please turn to Tab 234.
Do you recognize that disclosure form?
A. Yes, I do.
Q. Did you sign it on April 15th of 2015?
A. Yes, I did.
Q. That was the same day of the commission
meeting; correct?
A. Correct. And I reported it out on the mic and
then followed the report out with the mic with the
printed document.
Q. Please turn to Exhibit 236, Tab 236.
Do you recognize that disclosure form?
A. Yes, I do.
Q. Did you sign it on May 7th of 2015?
A. Yes, I did.
Q. What day did you submit it to the
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415
Coastal Commission?
A. I believe I submitted it that week, and for
some reason this was stamped after the commission
meeting had closed the following week. So possibly it
was when people could put files in the -- papers in the
file. I don't know.
Q. You have no idea of whether -- well, let me
ask it a different way.
It's possible that you turned it in on
May 18th of 2015; isn't it?
A. Could you please tell me the day of the week
that is and when the Coastal Commission meeting was?
Because that will help me know if I were still in the --
in the area. And I believe that I had travelled to this
meeting because it was in Los Angeles, which takes me
two-and-a-half days to arrive.
Q. I don't know off the top of my head.
THE COURT: What day are you interested in?
MR. BRIGGS: May 18th, 2015.
THE COURT: Was a Monday, according to the
ten-year calendar provided to me by the CJA for exactly
situations like this.
THE WITNESS: Thank you.
THE COURT: Sure.
THE WITNESS: So I would not have turned it in
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416
on the 18th because I would not have been in
Los Angeles. So I turned it in while we were here the
week before, I believe, or when the Coastal Commission
was in Los Angeles, because otherwise I have no -- I
can't reach to -- the coastal staff.
BY MR. BRIGGS:
Q. So do you have any idea why this written
disclosure wasn't received by the commission until
May 18th of 2015?
MR. JACOBS: Objection, Your Honor, that
assumes that it was actually received on that date as
opposed to stamped.
THE COURT: Overruled.
THE WITNESS: Repeat. I'm sorry.
BY MR. BRIGGS:
Q. Do you have any idea why this written
disclosure wasn't received by the commission until
May 18th of 2015?
A. No, I don't. I have speculation.
But I know I didn't deliver it because I
wasn't physically in Los Angeles or wherever -- it
doesn't say where.
Q. Would you please turn to Tab 240.
Do you recognize the disclosure that is
Exhibit 240?
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417
A. Yes, I do.
Q. The hearing on this item was actually on
October 6th of 2015; correct?
A. No.
Q. Didn't you have this ex parte communication
while you were at the Coastal Commission hearing on
October 6th of 2015?
A. Yes, I did.
Q. Okay. Do you have any idea why you signed it
three days later?
A. Because that was probably the third day of the
meeting and I was making sure that I had everything to
turn in. Because there are times when there's 12-,
1,300 new pages around the dais, around my stuff. So I
probably just turned everything in in one bulk turn-in.
Q. Would you please turn to Exhibit 245.
Do you recognize Exhibit 245?
A. Excuse me. Yes.
Q. You had an ex parte communication on April 5
of 2016; correct?
A. Correct.
Q. You signed the form on April 13th; correct?
A. Correct.
Q. And you delivered it to the commission on the
same day you signed it; correct?
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418
A. Correct.
Q. And you knew on April 5 of 2016 that you had
seven days to turn in written disclosures; correct?
A. Correct.
Q. Please turn to Tab 247, Exhibit 247.
Do you recognize your signature on
Exhibit 247?
A. Yes, I do.
Q. Did you in fact discuss the 12 reasons that
are listed in Exhibit 247 during the ex parte
communication?
A. Yes, I did.
Q. During the disclosures from the dais on this
project, you didn't go over the 12 reasons, did you?
A. I don't believe this was reported out at the
dais. I believe that this was following the meeting.
And there had been a decision on Banning Ranch that day.
And then I met with these guys afterwards to talk -- and
they wanted to talk about that this is what we're
trying, knowing that Banning Ranch was coming back. And
then I turned it in.
Q. Let me ask again.
A. Sorry.
Q. During the oral disclosures -- the disclosures
from the dais, you did not mention the 12 reasons, did
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419
you?
A. No.
Q. Please turn to Exhibit 248.
Did you sign Exhibit 248 on September 8th of
2016?
A. Yes, I did.
Q. You had the ex parte disclosure on
September 2nd; correct?
A. Correct.
Q. Please turn to Exhibit 250.
Do you recognize that oral disclosure?
A. Yes, I do.
Q. You were making it on September 12 of 2013;
correct?
A. That's correct.
Q. And you were disclosing that you had had an
ex parte communication back in May or June of that year;
correct?
A. Correct.
Q. You didn't do a written ex parte disclosure
for that communication, did you?
A. No, I didn't.
Q. Please turn to Tab 252, Exhibit 252.
Do you recognize that --
A. One moment, please.
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420
Q. Sorry.
A. Thank you.
Q. Do you recognize Exhibit 252?
A. Correct.
Q. The bottom paragraph states that you had an
ex parte on October 1 with Sara Wan; correct?
A. Correct.
Q. And you were making that disclosure on
October 11th of 2013; correct?
A. Correct.
Q. Please turn to Exhibit 253.
Do you recognize the disclosure in
Exhibit 253?
A. Yes, I do.
Q. Toward the bottom of the paragraph, it states:
"And then just for the record, back in
April of 2013, I had met in Santa Barbara with
Scott Maloney and Susan McCabe that is on the
record. And that was just an introduction to
their briefing packet that they had given to
the staff and it was my first introduction to
anything about desalinization."
Do you see that?
A. Yes.
Q. Did you actually have that communication in
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421
April of 2013?
A. Yes.
Q. Please turn to Exhibit 254.
Do you recognize the disclosure in
Exhibit 254?
A. Yes.
Q. Do you recall doing a written disclosure for
ex parte communication with Sara Wan?
A. I need to read it and make sure. Okay?
Q. Sure.
A. No, I believe I only reported it on the mic.
Q. You were one day late with that disclosure;
correct?
A. Correct. May -- no, I can't.
Q. Please turn to Exhibit 255.
A. Correct.
Q. Do you recognize that disclosure?
A. Yes, I do.
Q. You were disclosing it on November 14th, but
the communication happened on the 5th of November;
correct?
A. Correct.
Q. You didn't do a written disclosure for that
communication, did you?
A. I don't remember.
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Q. Do you recall when I asked you that question
during your deposition, you said "no"?
A. No.
MR. BRIGGS: Your Honor, I would like to read
from Lines 10 through 12 of Page 239.
THE COURT: Proceed.
MR. BRIGGS:
"Question: Okay. Did you do a written
disclosure for this ex parte communication?
"Answer: No, I did not."
BY MR. BRIGGS:
Q. Would you please turn to Tab 257.
Do you recognize that disclosure?
A. Let me get there.
Yes.
Q. Did you have an ex parte communication on
March 5 of 2014, as indicated in this?
A. Yes.
Q. Did you do a written disclosure for that
ex parte communication?
A. No.
Q. Please turn to Exhibit 258.
Do you recognize that disclosure?
A. Yes.
Q. Did you have that ex parte communication?
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A. Yes.
Q. On what date?
A. I didn't -- I didn't submit a date, but it was
a day or two before I left for my meeting. And we met
literally in a parking lot, saying hello. And he voiced
that, so I recorded it.
Q. On April -- well, in April of 2014, did you
have an understanding that your ex parte disclosures
were required to provide the date of the ex parte
communication?
A. Yes.
Q. Please turn to Exhibit 259.
Do you recognize that disclosure?
A. Yes.
Q. Did you have a communication with Zadir
Vlosky, Z-a-d-i-r, V-l-o-s-k-y, on March 31 of 2014?
A. Yes.
Q. Did you do a written disclosure for that
ex parte --
A. No.
Q. -- communication?
For the court reporter's benefit, let me
finish the question. Okay?
A. I'm so sorry.
Q. Did you disclose that ex parte communication
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in writing?
A. Yes.
MR. BRIGGS: Your Honor, I would like to read
from Page 243, Lines 5 through 7.
THE COURT: You may read.
MR. BRIGGS:
"Question: Did you disclose that
ex parte communication in writing?
"Answer: No."
BY MR. BRIGGS:
Q. Please take a look at Exhibit 260.
Do you recall that disclosure?
A. Yes.
Q. Did you have an ex parte communication on
May 7th of 2014 on this project?
A. Yes.
Q. You did not forward any disclosure to the
Coastal Commission, did you, prior to June 12th of 2014?
A. Unknown. Because I think in one of your first
requests from me of ex partes, this ex parte was covered
in a -- in one of your previous exhibits.
Q. Other than thinking that it might be there,
you are not aware of any written disclosure for this
ex parte communication --
A. Yes.
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Q. -- on or before May 14th of 2014, are you?
A. Again, repeat.
Q. Are you aware of a written disclosure for this
ex parte communication on or before May 14th of 2014
submitted to the Coastal Commission?
A. One moment, please.
Yes. In fact, it's 225. Your Exhibit 225 is
the written disclosure for that item.
Q. On -- 225 doesn't have a received stamp on
the, does it?
A. No, it doesn't.
Q. And in Exhibit 260, you said --
A. Let me go back.
Q. Are you there at Exhibit 260?
A. Yes.
Q. You said:
"I just recently realized that I didn't
forward it. It was still in my draft box to
Vanessa."
Do you recall saying that on June 12th of
2014?
A. Yes.
Q. Was it true when you said it?
A. You know, I know that I discovered it in my
box. I know that it's in the public record as 224 here,
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but other than that I have not that attention to detail.
Thank you.
Q. Any reason to believe that you would have said
something false during this oral disclosure on June 12th
of 2014?
A. No.
Q. Please turn to Exhibit 261.
Do you recognize that disclosure?
A. Yes.
Q. What did you and Ms. Perry discuss?
A. We discussed the Native American visitors
center in relationship to the project that's found on
224.
Q. How long did that conversation last?
A. Very short.
Q. What did Ms. Perry tell you?
A. She just told me about how wonderful and
glorious this would be if this were added to this
project because it was -- it was an enhancement of the
project.
Q. Did she tell you how long she had been working
on it?
A. I don't remember.
Q. Did she tell you any other benefits of the
project?
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A. I don't remember. It was very short, and it
was almost a sales pitch of how fun it would be to have
the Native American center.
Q. Please turn to Exhibit 262.
Do you recognize that disclosure?
A. Yes, I do.
Q. On what dates did you have emails from
Roberta Armstrong?
A. Unknown. They were coming in fast and furious
from her with just statements, not anything that I could
even respond to.
Q. On what dates did you have phone messages from
Ms. Armstrong?
A. During that same period of time where they
were just coming in two or three times a day.
Q. Did she leave the phone messages on your
voicemail?
A. No, I don't think so. I think she was mainly
concerned at wanting to report, wanting to be part of
the discussion.
Q. How did you receive the message? Did you
receive a paper message from staff or --
A. On my answering machine.
Q. Okay. So you received a recording of her
messages; correct?
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A. Yes.
Q. Did you forward those messages to the
commission?
A. I have no capacity to do that, that was part
of the Del Norte County system.
Q. So you didn't forward a voicemail to the
commission; correct?
A. Correct.
Q. Did you forward the emails to the commission?
A. No. Well --
Q. Please turn to --
THE COURT: Hold on.
Do you have something --
THE WITNESS: They may have been forwarded
because it was during this period that we were -- no,
they may have been forwarded because once the
Coastal Commission gave us email addresses in 2016, they
then were given, from my county, all of the information
and it was passed to them. I didn't see the
information, but it was passed to them, everything that
I had had that hit the court of Coastal Commission, in
the queries.
BY MR. BRIGGS:
Q. So that technological improvement, for lack of
a better term, was in 2016?
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A. Correct.
Q. Okay. So if the emails were forwarded to the
Coastal Commission, it would have been sometime in 2016;
right?
A. Correct.
Q. Please turn to Exhibit 264.
Do you recognize that ex parte disclosure?
A. Yes.
Q. It says that you submitted an ex parte that's
on file; right?
A. I must be looking at the wrong one.
Q. Are you looking at 264?
A. Oh, no. I'm sorry. I was looking at 263.
Yes.
Q. Do you recognize that disclosure?
A. Yes.
Q. It states that you have submitted an ex parte
that's on file; correct?
A. Correct.
Q. When did you submit that ex parte?
A. I'll have to look back at -- I think it was
Exhibit 223 maybe.
Where did we start with these exhibits?
Because it was the third one in. Yes, it's Exhibit 226.
Q. 226 doesn't have a date stamp?
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A. It doesn't have a date stamp, but it is the
same -- it's the same -- this disclosure submitting it
was what I reported at the -- at the commission.
Q. On what date did you have the follow-up
conversation?
A. A follow-up conversation with Mr. Papas?
Q. With the applicant to whom you refer in the
oral disclosure?
A. The following were on the 24th and 29th -- or
I believe it was -- no, it would have been on the -- I
think it would have been on the 29th because that was by
the time that he had the report. I have to look back at
these records.
Q. Exhibit 226, if it was submitted, was through
August 29th of 2014; right?
A. Correct, it was that day.
Q. So your oral disclosure in Exhibit 264 states
that you have submitted an ex parte that's on file and
had one follow-up conversation with the applicant.
A. Correct.
Q. When was the follow-up conversation?
A. Well, the follow-up conversation, if you refer
back to 226, it was a one-, two-, three-, four-,
five-day -- five-day interaction with Mr. Papas for the
ex parte. We had five days of different discussions,
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and they are all listed there.
Q. Did you have a follow-up conversation with the
applicant after August 29th of 2014?
A. August -- no, August 29th was the last time
that I had had a conversation with him.
Q. So what did you mean by "I had one follow-up
conversation"?
A. Well, it follows down here where you can look
at Special Condition -- you can see where we talked
about Special Condition 4(d). I didn't have -- I didn't
identify -- I identified it as 7(b) as opposed to 8.
Q. So the document that you think is a written
disclosure, Exhibit 226, makes no reference to a
Condition 8; correct?
A. To a Condition 8, right. It goes to
Condition 7.
Q. So it's entirely possible that you had another
conversation with the applicant over Condition 8; right?
A. As it is possible that I put down the 8th
rather than the 7th.
Q. But it's also possible that you discussed
Condition 8; right?
A. Yes. We -- and it -- yes.
Q. Please turn to Exhibits 268 and 269.
268 is the transcription of your oral
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disclosure that you were provided at your deposition.
And 269 is a corrected version based on some typos that
your attorney and I identified after your deposition.
A. Okay.
Q. Do you recognize the disclosure in
Exhibit 269?
A. Yes, I do. Well, 269 is the corrected
version?
Q. Correct.
A. Yes.
Q. Do you recognize that disclosure?
A. Yes.
Q. Did you have an ex parte communication with
Sara Wan and Frank Angel on August 3rd?
A. Yes, I did.
Q. Did you do a written disclosure for that
ex parte communication?
A. Yes, I did.
Q. You don't have any written evidence showing
when your written disclosure was received by the
Coastal Commission; correct?
A. It would have been received after I read it
from the mic.
Q. You don't have any written evidence showing
when your written disclosure was received by the
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Coastal Commission; correct?
A. No, I don't.
Q. Please turn to Exhibit 270.
Do you recognize that ex parte disclosure?
A. Yes.
Q. There's no written ex parte disclosure that
you made for this ex parte communication, is there?
A. No. Well, unknown.
Q. Please turn to Exhibit 271.
A. Correct.
Q. Do you recognize the disclosure in
Exhibit 271?
A. Yes.
Q. Did you have that ex parte communication on
August 5?
A. Yes.
Q. You didn't do a written disclosure for that
ex parte communication, did you?
A. No.
Q. Please take a look at Exhibit 272.
In the first paragraph, it refers to an
ex parte communication on August 5.
A. Correct.
Q. Did that ex parte communication occur?
A. Yes.
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Q. Ms. McClure, would you please take a look at
Exhibit 812. It begins with the Page Number 3151 at the
bottom.
Tell me whether you recognize Exhibit 812.
A. Yes, I believe that this is the PowerPoint
presented by Sara Wan.
Q. Did you receive that via email?
A. Yes.
Q. And you recognize the first page of
Exhibit 812 as the email transmitting the PowerPoint
presentation --
A. Correct.
Q. -- to you from Sara Wan; correct?
A. Yes.
MR. BRIGGS: Your Honor, I would like to move
Exhibit 812 into evidence.
MR. JACOBS: No objection.
THE COURT: All right. 812 is received.
(Court's Exhibit 812 received in
evidence.)
BY MR. BRIGGS:
Q. Please turn to Tab 813, the next exhibit.
A. Okay.
Q. Are you there?
A. Yes, I am.
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Q. Do you recognize that email from Sara Wan to
you on August 5 of 2015?
A. Yes, I do.
Q. You received that email as a follow-up to
your -- to the -- well, let me rephrase the question.
Do you recall receiving that email around
August 5 of 2015?
A. Yes, I did.
Q. And you read it when you received it?
A. Correct.
MR. BRIGGS: Your Honor, I would like to move
Exhibit 813 into evidence.
MR. JACOBS: No objection.
THE COURT: All right. It is received.
(Court's Exhibit 813 received in
evidence.)
BY MR. BRIGGS:
Q. Ms. McClure, would you please take a look at
Exhibit 275. And also take a look at Exhibit 276.
Exhibit 275 was presented to you during your
deposition. Exhibit 276 makes corrections that
Mr. Jacobs and I, and perhaps with your help,
identified.
Do you recognize the disclosure in
Exhibit 276?
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A. Yes.
Q. Did you have an ex parte communication on
October 28 of 2015?
A. Yes, I did.
Q. There's no written ex parte disclosure form
for this ex parte communication, is there?
A. I don't believe so.
Q. Please turn to Exhibit 277.
Do you recognize Exhibit 277?
A. Yes, I do.
Q. Did you do a written ex parte disclosure for
the communication described here on April 5?
A. Yes, I did.
Q. Have you seen that here today?
A. Yes. It is Item Number 245 in your exhibit
packet.
Q. And that written disclosure, Exhibit 245, was
submitted to the commission on April 13th, 2016;
correct?
A. Correct.
Q. The same day you made the oral disclosure;
correct?
A. Correct. As was my -- that was my practice.
Q. Would you please turn back to Tab 244.
A. Yes.
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437
Q. Do you recognize the exhibit at 244?
A. Yes, I do.
Q. Did you have that ex parte communication on
December 10th of 2015?
A. Yes.
Q. When did you submit that ex parte
communication to the Coastal Commission, if at all?
A. I submitted it electronically six days before
it was due.
Q. So if you had it on December 10th of 2015, you
would have submitted it by December 11th of 2015?
A. It says it was December 13th. We had a
meeting 10 and then 13.
Q. So on what date did you submit Exhibit 244, if
at all, to the Coastal Commission?
A. You know, the way this is split, I could have
possibly submitted the -- the other, Terry Walsh, Steve
Ray -- no, it was only one. So it was all submitted
seven days -- or six days before the -- after the 13th
of December.
Q. How do you know that?
A. Because I can remember that this information
was swelling up and I jumped up and down when I saw that
I had sent it to Vanessa.
Q. So you submitted Exhibit 244 on December 19th
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of 2015?
A. Another date. It was six days before it was
due.
Q. So you submitted it on December 14th of 2015?
A. No. I just -- I submitted it on the sixth day
following the ex parte.
Q. Well, it includes two ex partes; right?
A. I see that. And it's confusing. And I am --
that this was documentation from what they had talked
about before, and that I think is on file. Because
they -- this was following the proceeding and they
wanted to know next steps and talk about what they were
going to be up to and how they were going to come back.
Q. You don't know when you submitted Exhibit 244,
if at all, to the commission; right?
A. I know I submitted half of 244 on the sixth
day after the 13th.
Q. But you don't know which half you submitted
within six days; right?
A. Pardon me?
Q. You don't recall which half you submitted --
A. I submitted this entire page.
Q. And how did you submit it?
A. Electronically.
Q. Via email?
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A. Correct.
Q. Do you have the email?
A. To Vanessa, I think that she has the email.
Again, this is -- was on my county -- it was on my
county email, and I can't go back and see what's there
or what's not there because I'm locked out of that
account.
Q. All of that would have been forwarded?
A. Yes, all of that would have been forwarded to
the State -- to the new address. But I was never able
to open up what they forwarded, so I don't know what it
is.
Q. But that new address was in 2016; right?
A. Correct.
Q. Okay. Would you please turn to Exhibit 256.
THE COURT: Before you move past this exhibit,
I just want you to know that the testimony about when
Exhibit 244 was submitted is completely lacking in
clarity, in the judicial mind, as we sit here right now.
Now, maybe that's what you intend, but you are the one
with the burden of proof.
I don't understand what she said when she said
"six days before it was due." I don't understand that
at all.
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BY MR. BRIGGS:
Q. So, Ms. McClure, what did you mean when you
said that you submitted it six days before it was due?
A. An ex parte is to be submitted within --
THE COURT: No, no. That's not correct. The
ex parte is the communication. The disclosure document
is what we're talking about. You need to be precise in
your testimony, please, or you are going to really foul
up this record for the Court of Appeal.
The ex parte is the communication with the
applicant or the opponent or other interested party.
Please be precise. You are talking about a
disclosure document, not an ex parte. You are either
trying to confuse me or you are doing so unwittingly. I
don't know which it is. I don't know which is worse.
But I'm telling you that the vague and imprecise use of
these terms is not helping you.
Now, proceed.
BY MR. BRIGGS:
Q. What did you mean when you said "within six
days?"
A. I was -- I emailed it within six days of the
communication of the ex parte.
Q. And Exhibit 244 has two dates in it; correct?
December 10th, 2015, and December 13th, 2015; correct?
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A. Correct.
Q. Within six days of which date?
A. Of -- I believe it was the 13th. It could
have possibly been the 10th. You can see that was a
meeting date, that I was down in, I think, San Diego at
that time, and we were meeting on the 10th and the 13th.
And so it would have been during my meeting that this
information was passed. And then I forwarded this
information to Vanessa, and it was on the sixth day
following the ex partes that I received.
Q. Why are you so confident it was the sixth day?
A. Because I literally -- when I counted out the
days -- because that was an issue that other people were
having, that they hadn't submitted that one. Because
you can see I was not alone. And so I went back and
looked in and it was like, oh, yay, I did send it off to
Vanessa on time.
Q. And you were very concerned about getting it
submitted on time, but you weren't concerned enough to
get some sort of proof that you -- that the commission
received it; is that right?
A. Absolutely. I was responding to your lawsuit
and making sure that stuff was turned in at the right
time, had no idea I needed to check to see if it had
been date-stamped or what commission headquarters it was
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on file.
THE COURT: Hang on, please.
THE WITNESS: Sorry.
THE COURT: I think I understood you to just
say that you got an ex parte communication while the
commission was meeting between the 10th and the 13th.
THE WITNESS: Yes. That regularly happened
with me because I like to meet with the people in
person, and I would travel from Crescent City, you know,
sometimes 900, sometimes 1,100 miles. And so I would
meet with them in person, and we would meet after the
commission meeting in the afternoon, we may have been
able to meet -- I met many people for breakfast --
THE COURT: So that's an imprecise use of the
term "during the meetings."
THE WITNESS: Oh, I'm sorry. During the --
during the time that I was in attendance at the meeting,
when the meeting was in recess or over for the day.
THE COURT: Thank you.
THE WITNESS: Sorry.
THE COURT: Because if it occurred during the
meeting, it wouldn't be an ex parte communication;
right?
THE WITNESS: Correct.
THE COURT: Right. That's why I was confused.
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MR. BRIGGS: Sorry. I may be guilty of
knowing too much about how these happen.
Anyways, may I proceed, Your Honor,
Exhibit 256?
BY MR. BRIGGS:
Q. Please turn to Exhibit 256.
Do you recognize that disclosure?
A. Yes, I do.
Q. Did you do a written disclosure for the
ex parte communication that is described in Exhibit 256?
A. Oh, gosh, I don't remember. I may have -- I
may have submitted it after I read it from the dais, but
I don't know where it is -- you know, that I turned it
in after I read, which was my general practice.
And I don't know if you have it in your record
or if it's in the record. But it would have been read
from the dais.
In fact, I went back and watched the ex parte
reporting out and could see myself reading it from my
papers, so I know that I would have turned it in rather
than reading it from a paper and not having it for the
record.
MR. BRIGGS: Your Honor, I would like to read
from Page 240, Lines 11 through 12, of the transcript.
MR. JACOBS: Your Honor, I think Counsel means
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444
10 through 12.
MR. BRIGGS: Sorry. 10 through 12, if I said
something different.
THE COURT: How do I know that Exhibit 33 is
256?
MR. BRIGGS: Because Exhibit 256 states,
"Exhibit 33, McClure," on the exhibit tab right on its
face.
THE COURT: This is a cautionary tale for
using sequential and continuous exhibit numbers
throughout a case.
You may read.
MR. BRIGGS:
"Question: Did you do a written
disclosure for the ex parte that is described
in Exhibit 33?
"Answer: No, I don't believe so."
MR. BRIGGS: Your Honor, I don't have any
further questions at this time.
THE COURT: Thank you.
We'll break for 15 minutes and thereafter take
up friendly cross.
(Recess.)
THE COURT: Mr. Jacobs, you may conduct a
friendly cross.
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MR. JACOBS: Thank you, Your Honor.
CROSS-EXAMINATION
BY MR. JACOBS:
Q. So, Ms. McClure, in general, what was your
practice with regard to making ex parte disclosures?
A. My practice in ex partes was that I didn't
really like to take them prior to the release of the
agenda. So I would read the staff report, and that's
where the crush -- the crunch came as far as how tight
it was to get to the information to make it to the
commission.
So I would do my ex parte, and the majority of
my ex partes would then be -- I would read -- I would
read my -- report my ex parte on the mic because they
were within a very short time from the meetings. And
then I would turn in a hard copy to the staff of the
item that I had read on the mic.
Q. Is it accurate to say that in general --
THE COURT: Did you listen to that answer?
MR. JACOBS: And I was about to try to clarify
it, Your Honor.
THE COURT: Okay. I would hope that you would
because it was as clear as mud.
THE WITNESS: Oh, I'm sorry.
THE COURT: I'm not sore at you, ma'am. I'm
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just telling you, you know how this works. I do
personal injury cases. I do CEQA cases. I do this
case. I do contract cases. I'm a generalist; I am not
a specialist in the operations of the
Coastal Commission. And, you know, this stuff rolls off
your tongue. But you have to take -- have mercy on the
court reporter and also on me.
THE WITNESS: Okay.
THE COURT: Okay. I did not think that that
answer was very responsive to what Mr. Jacobs asked you.
So if I understood it correctly, you resisted
efforts to have ex parte communications with applicants
or opponents or other interested parties until the
window within seven days before a commission meeting.
Did I hear that right?
THE WITNESS: That's correct. Because then I
could read the staff report.
THE COURT: Okay.
MR. JACOBS: See, you understood it,
Your Honor.
THE WITNESS: I'm just a little wordy. Sorry.
THE COURT: What subjects did you teach?
THE WITNESS: I taught U.S. history, English,
and -- well, I was in a court school, so I had all of
the subjects and had to bring them in on every issue.
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MR. JACOBS: Thank you for your assistance
with the clarification, Your Honor.
THE COURT: Okay. All right.
Now you can do the follow-up.
THE WITNESS: Okay.
MR. JACOBS: Thank you, Your Honor.
BY MR. JACOBS:
Q. So would it be accurate to say that most of
the ex parte communications you received, you received
within the window during which they were supposed to be
made on the mic?
A. Correct.
Q. In your tenure as a coastal commissioner, did
you have any ex parte communications that occurred in a
meeting that you considered to be a secret meeting?
A. No.
Q. Did any person making an ex parte
communication with you ever express a desire that the
information be confidential?
A. No.
Q. Did you ever take any steps to conceal the
existence of an ex parte communication?
A. No.
Q. Did anyone involved in an ex parte
communication with you ever express any desire that the
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information in that communication not become public?
A. Absolutely not.
Q. Was there any information that you received in
ex parte communication that you can recall that seemed
different from the information that was available at the
public hearing?
A. They were always very close in the reporting.
They were very -- so similar that I would call them,
yes, they were the same, but there may have been a
nuance of change.
Q. Mr. Briggs asked you about a memorandum from
2016 that described procedures for reporting ex partes.
There was a reference in there to an email
address [email protected].
Do you recall that reference?
A. Will you repeat that again?
Q. Sure.
There was -- and I would refer to the exhibit
number, but I'm not sure that we signed a discrete
exhibit number to that excerpt that was -- it was
Pages 286 --
THE COURT: We didn't, which is exactly what I
was complaining about.
It was 215, I want to say.
MR. JACOBS: It was Exhibit 215, Pages 7- --
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and we can project them. Maybe that's the best thing.
So Exhibit 215, Page 786. Although that is
not going to have page numbers.
BY MR. JACOBS:
Q. Actually, do you have the notebook in front of
you that has Exhibit 215?
A. Yes, I do.
Q. Okay. So please turn to Page 786 of
Exhibit 215.
A. I'm there.
Q. Okay. So around the middle of the page, do
you see a reference to e-mailing ex parte disclosures to
A. Correct.
Q. Before that memorandum, did you send ex parte
disclosures via email to [email protected]?
A. No. It was directly to Vanessa.
Q. Was that an email address you had heard before
you saw this memo?
A. That was -- I probably got her email address
off the "net" to know where to send it.
Q. Okay. So that wasn't quite my question.
A. Oh.
Q. My question was: Before you read this memo
that we have been talking about, had you heard the email
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address [email protected]?
A. No.
Q. And after you received the memo, did you
thereafter use that email address for ex parte emails?
A. Yes. But that was close to the end of my
tenure, and I'm not even sure I had anything to mail in
after that.
Q. Okay.
A. After that date, I would have used that
address.
Q. Okay. And there was some back-and-forth
earlier about whether the word "process" or "procedure"
or "rules" was the appropriate word to describe what
happened.
But without getting into that discussion,
would you consider the use of the email address
[email protected] to be a change of some
kind that took effect as of the time of the memo?
A. Yes.
Q. Please turn to Exhibit 226.
A. Okay.
Q. So you don't have a specific recollection of
when you transmitted Exhibit 226 to Coastal Commission
staff; correct?
A. Correct.
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Q. Based on your practice, do you have a belief
of when you likely would have sent it?
A. I would have sent it following the 8-29, but I
think the hearing was, like, on September 3rd or 4th or
something. So it would have been an email that I would
have reported at the mic, the activities, and then I
would have submitted this written information. Kind of
trying to double down on making sure that the
information was in the record.
Q. So I'd like to talk about some on-the-mic
disclosures.
Let's actually start with Exhibit 229.
So do you know whether you disclosed
Exhibit 229 on the mic?
A. Yes, I did.
Q. Okay. And how do you know that you disclosed
Exhibit 229 on the mic?
A. I went back and watched the film.
Q. The video?
A. Yes.
Q. When did you do that?
A. After all of this -- when I got my first list
of things from Mr. Briggs that he was challenging my 42
ex partes that I had had in the three years.
Q. Okay. Have you done anything recently to
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refresh your recollection?
A. Oh, yes. I still go back. And I'm trying to
make sure and double-check that I -- that those were on
the mic. And I can say that they were on the mic. And
with the exception -- I think there were two that I was
unable to get to because they are -- for some reason
those archives are not on the web page for the
Coastal Commission.
Q. So how recently have you gone back to look at
video to refresh your recollection?
A. On different videos, not particularly this
one. But I was doing this up until last week. I was
still looking to make sure that -- it's kind of scary
when people say you didn't do your job when I wanted to
really -- you know, as a public servant, I wanted to do
the best job that I could do and make sure that it was a
fair evaluation for all people to receive the
information.
Q. So you don't -- it's not -- when you say you
disclosed the ex parte communication that Exhibit 229 is
the written disclosure for, you are not relying, then,
on memory going back to 2015?
A. No. No, I'm going back onto the web pages and
picking them up because, again, it's just so -- and I'm
my own person. I don't have a secretary. I don't have
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an assistant of any kind. I am my only person to go
back and do that kind of thing.
Q. Okay. Please turn to Exhibit 230.
A. Okay.
Q. So the ex parte communication that's the
subject of Exhibit 230, have you recently confirmed, by
watching the video, that you orally disclosed it on the
mic?
A. Yes.
Q. Exhibit 234. Have you confirmed that you
disclosed the ex parte communication that's the subject
of this form on the mic?
A. Yes.
Q. Please turn to Exhibit 237.
The ex parte communication that's the subject
of Exhibit 237, have you confirmed that you disclosed it
on the mic?
A. Yes, I disclosed it on the mic, and I also
added some additional information that I had spoken --
is this Sara Wan and Frank Angel? Yes.
And when I put the information on the mic
during the meeting, I also added some other information
that we had talked about, which was the unity of
interest.
Q. Please turn to Exhibit 238.
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A. Okay.
Q. Did you orally disclose on the mic your
September 8th ex parte communication about Newport
Banning Ranch?
A. Yes, I did. And not only did I disclose the
information, but this information was -- I was received
that this ex parte was during a Coastal Commission
meeting when we were either -- when we were in
adjournment, but during that time, because it was in
Arcadia, California.
Q. What -- so when you would receive an ex parte
communication during the week of a Coastal Commission
meeting and you disclosed that ex parte communication on
the mic --
A. Correct.
Q. -- and you received a prepared ex parte
communication, just written description from the person
who had the communication --
Well, my first question is: Did you review
that written form to confirm that it matched the
communication that you actually had?
A. Yes, I did. And if I saw something that
wasn't included there, it was included orally on the
mic.
Q. Okay. And when you received a prepared
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summary of the ex parte communication during the week of
the commission meeting and you disclosed the
communication on the mic and you verified that the
written description matched the communication that you
actually had, did you use the printed form in any way
during your oral?
A. Yes. I would read from the printed form in my
oral ex parte, but I may not have named all the --
excuse me -- I may not have -- I didn't read it
verbatim, but I gave a synopsis -- excuse me -- I gave a
synopsis of what I was turning in.
Q. Okay. But when you deviated from the form,
did you still -- did you take any steps to make sure
that what you were orally disclosing was accurate and
complete?
A. Correct.
Q. Please turn to Exhibit 240.
The October 6th, 2015, ex parte communication
that's the subject of Exhibit 240, did you disclose that
on the mic?
A. Yes, I did.
Q. Exhibit 241, the October 6th, 2015, ex parte
communication that is the subject of Exhibit 241, did
you disclose that on the mic?
A. Yes, I did.
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Q. Exhibit 242, the October 9th, 2015, Broad
Beach ex parte communication, did you disclose that on
the mic?
A. Yes, I did.
Q. Exhibit 243, the November 3rd, 2015,
Huntington Beach Poseidon ex parte, did you disclose
that on the mic?
A. Yes, I did.
Q. Exhibit 246 is a form for an August 10, 2016,
Newport Banning Ranch ex parte communication.
Did you disclose that on the mic?
A. Yes, I did.
Q. Exhibit 247, which refers to a September 1,
2016, ex parte communication regarding Banning Ranch.
Did you disclose that on the mic?
A. Yes, I did.
MR. JACOBS: No further questions, Your Honor.
THE COURT: Okay. Thank you.
Redirect.
REDIRECT EXAMINATION
BY MR. BRIGGS:
Q. Ms. McClure, if you would go back to
Exhibit 215, Page 786.
A. Yes, sir, I'm there.
Q. I believe you told Mr. Jacobs that the
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email --
THE COURT: Skip that. I heard it. Just ask
her a question. Don't repeat or restate what she's
already said.
BY MR. BRIGGS:
Q. What sort of change was the email address
that's identified in that memo?
A. The email addresses that I had been
corresponding with coastal staff would have been
their -- oh, gosh. I can't remember. I think it was
their first name "@coastal." I don't think there was a
last name involved in there. So it would have been like
"Charles@coastal," not the executive staff. So it was
now being almost put into an envelope of information so
they had it all coming to that one address.
Q. So the procedure for you emailing your
disclosure form was changed because you were getting a
new address to send it to?
A. Correct.
Q. Take a look at Exhibit 230.
A. 230. I'm sorry. Okay. I'm there.
Q. You disclosed that on the mic. What did you
disclose?
A. I disclosed the meeting and what we had
covered during the meeting --
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Q. What did you say?
A. -- and who I had met with.
Q. What did you say?
A. And where we had met. I believe I talked
about receiving the briefing information. Again, I may
have not gone verbatim down here, but I would have hit
the points and then had this on file if someone wanted
to see more.
Q. Do you recall what you said during your
oral --
A. Not verbatim.
I'm so sorry to interrupt you.
Q. Do you recall what you said for your oral
disclosure that is for the ex parte communication
reflected in Exhibit 230?
A. No.
Q. But you went back and looked at the video,
right, in preparation for today?
A. Did you ask me if I saw it in my disclosure,
or in my deposition?
Q. In preparation for today, you went back and
looked at your oral disclosure for the ex parte
communication reflected in Exhibit 230; correct?
A. Correct.
Q. So what information did you provide in that
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oral disclosure? Tell me what you said.
A. I don't remember verbatim. I went back and I
would watch them and I would make sure that I had made
the disclosure, and then as I could, on to the next one.
Some of them I listened to in their entirety.
Some of them I was like, "Oh, thank goodness it is on
the mic." I'm okay because I had been feeling very --
I'm frightened by this.
Q. So you didn't listen to Exhibit 230's oral
disclosure completely; is that correct?
A. Quite possibly. Some of them I did when I was
watching, some of them I would get so interested that I
would watch all the commissioners' ex partes during that
time to go, "Oh, yes, I remember."
But I haven't been doing this in quite some
time now, and that's where I am. Verbatim is not one of
my suits that I can call that I release when I say
something. To be able to reiterate verbatim is
difficult.
Q. Do you know whether your oral disclosure
corresponding to the ex parte communication in
Exhibit 230 provided all of the information that is
stated in Exhibit 230?
A. Unknown.
Q. For Exhibit 234, do you know whether your oral
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disclosure provided all of the information stated in
Exhibit 234?
A. Unknown.
Q. For the ex parte communication that is the
subject of Exhibit 237, do you know whether your oral
disclosure disclosed all of the information that is
stated in Exhibit 237?
A. Well, since we actually have a copy of my oral
ex parte as one of your exhibits on here -- I don't know
the exhibit number, but I will be glad to find it,
because I do make a reference that my -- my ex parte was
very similar to the other coastal commissioners who have
reported out, but we had also talked about an additional
item of the community of interest. And that is in one
of your papers that you submitted to me as -- as
transcripts during the deposition. And that's what it
says on there. So you may know the number.
Q. In preparation for today, did you ever go back
and look at your -- at the video archive of your oral
disclosure for Exhibit 237? "Yes" or "no"?
A. Yes.
Q. Did you watch the entirety of your oral
disclosure on a video?
A. This one, yes.
Q. During your oral disclosure, did you disclose
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the information that is contained in Exhibit 237?
A. I disclosed -- in my oral communication, I
disclosed that my communication with Ms. Sara Wan and
Frank Angel were similar, if not exactly the same, as
other commissioners who had reported out, with the
exception of an additional item that we discussed, which
was the property in relationship to community interest
because the property was three lots owned by the same
person and one was not yet developed.
Q. I'm going to ask you again. Was your -- did
your oral disclosure communicate the same information
that is in Exhibit 237? "Yes" or "no"?
A. Yes, and more.
MR. JACOBS: Asked and answered, Your Honor.
THE COURT: Overruled in light of the
witness's intervening answer, "yes and more."
BY MR. BRIGGS:
Q. Take a look at Exhibit 238. Did you review --
well, let's go back to Exhibit -- stay with 238.
Did you review the video archives for your
oral disclosure of the ex parte communication reflected
in Exhibit 238?
A. No. Well, yes. This one, yes. I thought it
was the other ex parte that I had with them. Yes. And
yes.
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Q. What did you disclose on the video?
A. I disclosed what other commissioners had said.
I may have gone into detail.
Q. Did you or did you not go into detail?
A. Unknown.
Q. But you watched the video of your disclosure
all the way through; correct?
A. Correct, not all -- I don't know if I watched
that one all the way through.
Q. Did you disclose the same information during
your oral on-the-mic comments that is reflected in
Exhibit 238 for this ex parte communication?
A. Yes. I disclosed a verbal accounting of what
this meeting was -- it may have been paraphrased, but
not read directly -- and I used this ex parte form while
I was at the mic. And it can be readily seen as I am
reading -- as I am using it as my information, the
conduit for my information.
Q. Did you read it verbatim?
A. No.
Q. What part of it did you paraphrase?
A. I paraphrased the principle of the ex parte
and the intent of the communication.
Q. Nothing else? You didn't paraphrase anything
else; correct?
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A. I only paraphrased the information that I had
received at the ex parte, as in the other oral
communication as the paraphrase of that.
Q. You did not orally communicate the information
contained in Exhibit 238; correct?
A. I paraphrased the information used in
Exhibit 238, and then I also turned it in so it would be
part of the permanent record of the California
Coastal Commission.
Q. For the sentence that begins with "NBR
representatives," what portion of that sentence did you
paraphrase?
A. Sir, I believe it's impossible to be able to
identify sentences that you use or you paraphrase
because paraphrasing is, many times, different language
structure than the actual -- what you are reading.
If I were to paraphrase to you about
Moby Dick, it would not be the exact same word or
verbiage in that, but it would transmit the idea. And
the better part of this is that that idea is now a
permanent record for and within the California
Coastal Commission and readily available to anyone.
Q. After the hearing was over; correct?
A. After I gave my -- my oral interpretation. I
don't know if it turned in before the hearing was over
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or during the hearing because sometimes staff would pick
up ex partes and information that they needed from us
during the meetings.
Q. But you don't know what you paraphrased in any
of the other paragraphs in Exhibit 238; right?
A. Correct.
Q. For Exhibit 240, did you watch your video of
that oral disclosure?
A. Yes. I reviewed it to make sure it was on the
record.
Q. Did you watch the entirety of your oral
disclosure for that ex parte --
A. Unknown.
Q. Let me finish the question, please.
Did you review the entirety of your oral
disclosure for the ex parte communication reflected in
Exhibit 240?
A. I paraphrased the information that was on --
THE COURT: He didn't ask you whether you
paraphrased --
THE WITNESS: Nope. No --
THE COURT: -- he wanted to know if you
watched the whole thing.
THE WITNESS: No. I don't remember if I did.
THE COURT: Okay. Ma'am, we are going to be
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finished in 45 minutes. I need you to stick with us
here and pay attention to the questions specifically.
THE WITNESS: Okay. I'm trying.
THE COURT: I know that you are.
THE WITNESS: Thank you.
THE COURT: Take a deep breath.
THE WITNESS: This is kind of a foreign land
here.
THE COURT: Okay. Fair enough. But just
listen to the questions and answer them. Okay?
THE WITNESS: Okay.
THE COURT: Thank you.
MR. BRIGGS: May I proceed?
THE COURT: Indeed.
BY MR. BRIGGS:
Q. Do you recall any portion of your oral
disclosure of the ex parte communication that is
reflected in Exhibit 240?
A. Yes.
Q. What portion do you recall?
A. It would be impossible for me to actually
identify any exactly.
Q. So you don't recall; correct?
A. Incorrect.
Q. Do you recall, as you sit here today, any
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portion of your oral disclosure of the ex parte
communication reflected in Exhibit 240?
A. I'm certain that I made reference to the
activity that was going on. I said what I -- what the
meeting was, and I had this paper in front of me. I
don't believe that I read it verbatim. And I did not
watch the entire video to be -- and I did not take notes
from those videos of what exactly I covered.
Q. How long ago did you watch the video?
A. I watched them throughout this past month, and
then when they first arrived, when you first gave me
information that had numbers, and when you first gave me
the ex partes that you didn't have connected to a hard
copy. And they all had the time on the video stamp, and
I went back and looked at them.
Q. But for the ex parte covered by Exhibit 240,
sitting here today, you don't recall what it is that you
disclosed orally; correct?
A. I recall that I reported that I had received
information about Broad Beach and that there was
information that the staff had reported that was in
disagreement with the applicant.
Q. Did you disclose anything else orally?
A. Again, unknown. I don't have the -- I tried
to disclose everything.
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Q. Do you recall seeing yourself on the video
disclosing anything more orally than you just testified
to? "Yes" or "no"?
A. Unknown. I saw myself on the video. I saw
myself disclosing it. I can't tell you if I watched the
entire thing. And I did not take notes to see where
they were going to line up with my written ex partes.
So I can't give you anything absolute.
Q. Can you give me anything more than what you
just testified to? "Yes" or "no"?
A. No.
Q. Please take a look at Exhibit 241.
Did you watch your -- did you watch the video
archive of your oral disclosure for the ex parte
communication that is described in Exhibit 241? "Yes"
or "no"?
A. Yes.
Q. Did you watch the entirety of that video
archive of your oral disclosure? "Yes" or "no"?
A. No.
Q. You don't know whether you watched the
entirety of it?
A. Correct.
Q. Why do you not know whether you watched the
entirety of it?
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A. Because I was going on Coastal Commission
cases, and I was trying to go -- I went through, I
think, 50 different ones and trying to glean if I had
left anything out because I was very concerned that I
was being accused of not reporting. And it was
panicking on my part. So I would watch them and say,
"Oh, good. I did that one. Good. That's what I
thought I did."
Because there is so much confusion from the
legalese that I have received from you, it's been
extremely difficult to know exactly what you want. And
so I went back to make sure that I had covered. I did
not watch them verbatim. I did not record what they
said. I did not take notes.
Q. And you did --
A. But I will testify that each one of those were
an iteration of a paraphrasing of this copy or a copy
that I was reading from the dais and turned in, trying
my best.
Q. You didn't watch your oral disclosure all the
way through for this ex parte communication, did you?
A. I don't know if that's the one. I watched
some of them all the way through because some of them
were very short. I watched some of them partway
through. I watched others and got a phone call -- you
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know, I can't tell you I watched every one --
Q. Well, can you tell me that you watched --
A. -- in entirety.
Q. Can you tell me that you watched the oral
disclosure for this one? Exhibit 241?
A. Yes. Yes.
Q. Did you watch it all the way through?
A. Unknown.
Q. Do you recall what you orally disclosed, if
anything, for this ex parte disclosure?
A. I disclosed the essence of my meeting and
paraphrased it from my notes.
Q. What did you say?
A. Unknown exactly what I said.
Q. Paraphrase it for me, please. What -- not
based on what's written in front of you, what do you
recall hearing when you watched the video? Please
paraphrase it for me.
A. I don't remember because I was watching so
many of them because I -- truthfully, I was so stressed
about trying to prepare for this that I was panicked. I
am my own person. I don't have other support staff to
help me find stuff. I don't have attorneys to help me
find stuff. I live in Northern California. That's in
podunk-you-know-where that, if I had to get somewhere,
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it's going to take me three to five days to get there.
And I did my best to make sure that I had done my due
diligence in making sure that everyone knew who I had
talked to and what we had talked about.
Q. Ma'am, did you apply to become a coastal
commissioner?
A. Pardon me?
Q. Did you apply to become a coastal
commissioner?
A. Yes, I did.
Q. Did you have to fill out paperwork?
A. I had to fill out -- well, first I had to get
the support of my board to be a name to put forward.
And then I also represent Mendocino and Humboldt
Counties. I did not receive -- I did need their
approval, but I had to be -- being a Governor's
appointment, I would need to have the approval of my
elected board, that they would put my name forward as an
applicant. And they agreed. And then I put my name
forward as an applicant.
I needed to write a narrative of why I wanted
to do this and why I wanted to be involved. And that
was submitted with other applicants' names. Many of
those applicant's came with, you know, 50, 60 letters of
support behind their name. And I came with none because
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I was operating as an individual that had very -- I had
no affiliation with any kind of environmental group that
I was not -- I was not a member of any. So I did not
have their support going in because they didn't even
know who I was. But that's neither here or there, but
that was the process.
And I went through the process. I went
through an interview with Governor Brown's chief of
staff and, I think, four or five other people who
interviewed me on this position and why I wanted to do
it. And I also was then interviewed by phone with the
Governor and wanting to know why I wanted to do this.
Q. Did it take a few months for the appointment
process to --
A. Yes.
MR. JACOBS: Objection. Outside the scope of
cross.
THE COURT: Overruled.
You may answer.
THE WITNESS: Yes.
BY MR. BRIGGS:
Q. And you went through that process voluntarily;
correct?
A. Correct.
Q. Did you understand when you agreed to take the
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seat on the Coastal Commission that it would be a lot of
work?
A. Absolutely.
Q. Did you use your staff at Del Norte County to
assist you with your work on the Coastal Commission?
A. Supervisors in Del Norte County have staff.
We have a clerk that is there to assist us to file
things, but she is primarily the employee of the
executive officer.
Q. So there was some sort of support clerk to
help you make your submissions to the
Coastal Commission; correct?
A. Correct. Not prepare them, but to actually do
the physical mailing of them.
Q. Please take a look at Exhibit 242.
Did you watch a video archive of an oral
disclosure that you made with an ex parte communication
that is described in Exhibit 242?
A. Yes.
Q. When?
A. I am not sure of the date.
Q. Within the last how many months?
A. This one was probably several months ago,
because I -- as soon as I checked it and looked at it, I
realized that the ex parte date was the 9th as -- as
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well as the day that I turned in the information. So I
knew that it was -- I knew that it was relevant in there
and I moved on.
Q. Did you watch the entirety of your oral
disclosure in the video archives?
A. Unknown.
THE COURT: You don't know whether you watched
it to the end of your talking?
THE WITNESS: Correct. Some of them I watched
to the end. Others I looked at and went, "Oh, good.
I'm there. The dates all line up."
THE COURT: We're not getting anywhere. I
have heard this testimony now four times.
Mr. Briggs, I think you have made your point.
Is there anything new you want to explore with
this witness? Really, this is getting cumulative.
BY MR. BRIGGS:
Q. Ms. McClure, are your answers going to be the
same for the ex parte communications described in
Exhibits 244 and 247?
A. Correct.
THE COURT: Why don't you tell us this: You
said there were two where you couldn't find the videos.
Which two were those?
THE WITNESS: I don't have my notes, they are
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in the back of the room, but they are on the -- on the
Coastal Commission archived as nonavailable.
THE COURT: You don't have the dates in mind?
THE WITNESS: Can I go look at my notes?
THE COURT: No, if you don't know, you don't
know.
THE WITNESS: I don't know.
THE COURT: Okay.
THE WITNESS: That's the problem, I'm trying
to solve problems.
MR. BRIGGS: Your Honor, I don't have --
before I say that...
I don't have any further questions.
THE COURT: Anything further, Mr. Jacobs?
MR. JACOBS: Very briefly, Your Honor.
RECROSS-EXAMINATION
BY MR. JACOBS:
Q. Ms. McClure, is Exhibit 269 the oral
disclosure that you were referring to in your testimony
about the written disclosure that is Exhibit 237?
A. Correct. That was the information that I had
submitted, the information on the ex parte that I had
with Sara Wan and Frank Angel. And then I had added
that I had also talked -- may I read it?
Q. I don't think that's necessary.
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A. Oh, okay.
Q. I think you have answered the question. Thank
you.
A. Okay. It's the one where I added to what she
had given me to turn in.
Q. Actually, I will have some questions about
that in a moment. But how common was it when you were
making oral disclosures at a Coastal Commission meeting
for a commissioner who made oral disclosure before you
on the same matter to disclose a conversation that was
similar to or identical to the one that you were about
to disclose?
A. That was common practice on the commission.
Q. And when a commissioner just orally disclosed
a communication before you and the information that was
disclosed was the same as the information in your
ex parte communication, what did you typically say?
A. I would say that the information that has been
previously discussed is substantially the same as the
conversation that I also had.
Q. And when --
A. And usually I would identify the commissioner.
Q. And when a commissioner orally disclosed
before you on a matter and there was information that
was in the other -- it was information that was in your
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ex parte communication but wasn't disclosed in the oral
disclosure by the commissioner who went before you, did
you do anything about that?
A. Yes. That's when I would add on the mic --
for instance, this is a perfect example -- because then
I would say that -- that I had discussed substantially
the same information with one exception, and that we
discussed the possibility of the property of unity of
interest since the landowner owns three parcels that are
connected to the property to other parcels that are
connected to this property and one is not developed.
Q. Okay. So Exhibit 269 would be an example, I
think you were saying, of when you added to an oral
disclosure by a previous commissioner, yes?
A. Correct.
Q. Because that previous disclosure didn't
completely describe the ex parte you had?
A. I had an exception in mind, yes.
Q. Did you -- when you were a commissioner at the
Coastal Commission, was there ever a time that you made
an oral disclosure, you recalled that there was
information that you received during the ex parte, but
you just decided not to include that in your oral
disclosure?
A. I don't think so because it was also included
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on my paper. I was trying to -- I would say no.
Say it again.
Q. Yeah, I apologize if my question wasn't clear.
What I was trying to ask was, was there ever a time when
you were making an oral disclosure that you thought to
yourself, well, there is a piece of information that I
am not going to include in this oral disclosure?
A. Oh, no. Not at all.
Q. So you never knowingly omitted anything from
an oral disclosure?
THE COURT: You know what? That is a leading
question right there.
MR. JACOBS: I will withdraw the question,
Your Honor.
MR. BRIGGS: It wasn't the first, but...
THE COURT: Was it?
THE WITNESS: Oh.
THE COURT: Evidence Code Section 770.
MR. JACOBS: The question is withdrawn.
THE COURT: Okay.
BY MR. JACOBS:
Q. Was there ever a time when you were making a
written disclosure when there was information that you
recalled receiving in the ex parte communication that
you decided not to include in the written disclosure?
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A. Absolutely not.
MR. JACOBS: No further questions, Your Honor.
MR. BRIGGS: May I proceed, Your Honor?
THE COURT: Yes.
RECROSS-EXAMINATION (FURTHER)
BY MR. BRIGGS:
Q. Ms. McClure, you went back and looked at a
number of your oral disclosures in the last few months,
yes?
A. Yes.
Q. Did you look at any other commissioners'
disclosures, or just yours?
A. Yes. In fact, sometimes I would get so
interested, I would watch the whole thing that had
nothing to do with what I was saying, but it was kind of
bringing back, like, "Oh, yeah, I remember that
discussion."
Q. So you watched the entire --
A. One or two of them, I watched everybody.
Q. Which one or two?
A. I think one of them that I watched everybody
was the Sara Wan on April 3rd, because there were other
commissioners that also were reporting out on April 3rd
that had had the phone conversation with her and were
orally announcing it at the mic.
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Q. Was that the one for Exhibit 237, the one
corresponding to Exhibit 237, to be precise?
A. Yes.
Q. Any others that you watched all the way
through?
A. A couple. But I don't really remember which
ones because sometimes -- well, it took me a long time
to figure out how to manage the mic and be able to get
it to where I was reporting. So sometimes I had other
people reporting and I would listen to them, and then
mine would come. Because it was very difficult. I'm
not that tech savvy.
Q. So did you listen to the commissioners who
preceded you in their oral disclosures for the matter
that is covered by Exhibit 230?
A. Unknown.
Q. Did you listen to the commissioners who
preceded you in oral disclosures on the matter that is
covered by Exhibit 234?
A. Unknown.
Q. Did you listen to the commissioners who
preceded you making oral disclosures on the matter that
is -- that corresponds to Exhibit 238?
MR. JACOBS: Your Honor, this question is
outside the scope of recross.
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///
480
THE COURT: I agree. Sustained.
Anything further, Mr. Briggs?
MR. BRIGGS: May I be heard briefly on that?
THE COURT: No. We're chasing our tail right
now.
MR. BRIGGS: Okay. I don't have anything
further.
THE COURT: Thank you.
THE WITNESS: Thank you.
THE COURT: You are excused, Madam. Thank
you.
THE WITNESS: Thank you.
The next witness, please, Mr. Briggs.
THE COURT: Mark Vargas, please, Your Honor.
MARK VARGAS (PER 776),
Called by the Plaintiffs, having been first duly sworn,
was examined and testified as follows:
THE COURT: Tell us your name and spell it,
please, sir.
THE WITNESS: My name is Mark Vargas.
M-a-r-k, V-a-r-g-a-s.
THE COURT: Thank you.
You may proceed.
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DIRECT EXAMINATION
BY MR. BRIGGS:
Q. Good afternoon, Mr. Vargas.
A. Good afternoon.
Q. You are a California coastal commissioner?
Yes?
A. That's correct, yes.
Q. You became one when?
A. I believe it was May of 2013.
Q. Have you ever held elective office?
A. I have not.
Q. Have you ever had any appointed public offices
other than the Coastal Commission?
A. Yes, I have.
Q. Which appointed offices?
A. I may miss some because there have been
several, but I believe the list includes the
ScholarShare Investment Board of the
State of California; the Little Hoover Commission of the
State of California; the Los Angeles City Rent
Adjustment Commission; the Los Angeles Unified School
District Personnel Commission. And I don't know if it's
technically an appointment, but I believe it is, I was
an appointee to Governor Gray Davis as a special
assistant to his office.
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Q. As a coastal commissioner, how did you receive
your agenda packet prior to the meetings?
A. Usually I received my information via the
Coastal Commission website.
Q. So you go to a public website where the
agendas appear with hyperlinks where you download the
documents that are posted; correct?
A. That is my general practice; correct.
Q. Would you agree that that website posts an
agenda in outline format, for lack of a better term, and
then the topics in the outline are where you will find
the hyperlinks corresponding to a specific project? Is
that a fair description?
A. Generally speaking, as you probably know, the
website has changed and morphed over the last few years.
But, yes, generally that is how it has been sorted.
Q. It's essentially a table of contents sorted by
date and region. And then within each business item to
be considered, that's where you find the links, yes?
A. That is correct.
Q. Do you have an understanding that the
documents that are available on the Coastal Commission's
website constitute the official record for the matters
to which they pertain?
A. I mean -- yes. I am generally not super clear
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on official record, but those are the documents that
pertain to each of the files -- each of the agenda
items.
Q. You are not aware of any materials for
Coastal Commission decisions that don't get put on the
commission's website for the meetings, are you?
A. I am not aware of any -- if you are asking if
there are materials that are missing from the website,
I'm not aware of it.
Q. Okay. Have you ever heard the phrase
"exhaustion of remedies"?
A. Yes, I have.
Q. Do you have an understanding of what that
means?
A. Vaguely.
Q. What's your understanding?
A. Well, within the context of this -- the
Coastal Commission, we have heard it used kind of in the
sense that if you have an issue with a decision, then
you have an opportunity to bring it up through our
process. But I'm not a lawyer, so I don't really
understand it perfectly.
Q. Are you aware of any rules that the commission
has for members of the public who are concerned about
the adequacy of ex parte disclosures to express their
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concerns?
A. Not -- not anything other than other rules
that you have to express your concerns in front of the
commission.
Q. Do you have an understanding of the phrase
"ex parte communication"?
A. I do have a general understanding, yes.
Q. What does that phrase mean to you?
A. It's a communication that is specific to a
project that happens outside of a normal hearing.
Q. So you understand that if somebody talks to
you about a matter that's going to come before you as a
coastal commissioner and you are not at the public
meeting on that item, that constitutes an ex parte
communication; right?
A. Generally speaking, yes.
Q. And I mean members of the public, the
applicant, the lobbyist, the attorneys for the
applicant, people like that.
A. Generally speaking.
Q. Okay. Do you understand that there are rules
that require the disclosure of ex parte communications?
A. I do.
Q. Do you have an understanding of what those
rules are?
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A. In general, yes.
Q. What are the rules, as you understand them,
with regard to ex parte communications that occur more
than seven days before a Coastal Commission meeting?
A. More than seven days, the ex parte should be
disclosed in written format.
Q. And what do you do with the written disclosure
once you have --
Well, let me ask you this: Do you sign the
written disclosure form?
A. Yes, that's generally been my practice.
Q. Okay. You type up the form somehow and then
sign it; is that correct? Or somebody types it up for
you, and you sign it?
A. I generally review -- either draft something
completely myself or someone will hand me a draft and I
will review it and modify it, if necessary. And then my
general practice is to add my signature and send it in.
Q. And your practice has been to send that
written disclosure where?
A. To our staff.
Q. Who is the staff to whom you send it?
A. It's changed over the years that I have served
on the commission. I believe at the onset I was sending
these to the email -- when I emailed them, I would send
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them to either Vanessa or Jeff from our staff. And
later that evolved to a centralized email address, which
was something like executive -- is something like
Q. Is it your understanding that, if the ex parte
communication happens more than seven days before the
hearing on the item, that you are required to submit the
disclosure in writing within seven days of the ex parte
taking place; correct?
A. That's generally my understanding, yes.
Q. Okay. If the ex parte communication is within
seven days of the Coastal Commission meeting, what are
your ex parte disclosure obligations?
A. I am -- I believe it is to disclose orally on
the mic at the time of the hearing.
Q. Do you have an understanding that as a
commissioner you are not allowed to participate even in
deliberation of an item if you haven't made your
ex parte communication?
A. That is my understanding.
Q. Okay. Did you ever receive -- as a coastal
commissioner, did you ever receive any training on
ex parte requirements?
A. Training? I don't recall receiving any kind
of detailed training. I remember receiving a -- I may
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have received an orientation book when I started.
Q. When you were on the dais, as a coastal
commissioner, you are always paying attention; correct?
You have never dozed off or anything?
A. Always maybe a stretch. Like I say, we have
sometimes 16-hour-long meetings, so there may be a
chance when I -- yeah, I do close my eyes for a second.
But I think I understand what you are saying. Yes, I'm
generally paying attention.
Q. Okay. You have never missed an opportunity to
make an ex parte disclosure orally, have you?
A. Not that I am aware of.
Q. And you have never missed an opportunity when
you were at the meeting site to participate in the
deliberations and vote on an item; correct?
A. I mean, sometimes I do miss out on the
opportunity to vote if I have to step out for whatever
reasons, and I cannot come back and participate if I
have not been listening to the full testimony.
Q. Has that happened in the past?
A. That I have not voted?
Q. Yeah, because you stepped out.
A. I think so, yeah.
Q. How many times?
A. I can't recall.
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Q. More than five?
A. Maybe. I don't remember.
Q. Okay. Was it your understanding that the
ex parte rules required a full, complete, and
comprehensive disclosure of the ex parte communication
that you had?
A. Yeah, I mean, in general, yeah, that's my
understanding.
Q. Was it your understanding that the ex parte
rules required the disclosure of any written materials
that were reviewed or shared during the ex parte
communication?
A. Yes, in general, that's true.
Q. Was it your understanding that, as a coastal
commissioner, your responsibility for complying with the
ex parte rules, including making the required
disclosures, fell on your shoulders?
A. In general, yes.
Q. Do you have an understanding of the rationale
behind the many ex parte disclosure rules?
A. Generally speaking, I can understand.
Q. What is your understanding?
A. The understanding is to make sure that any
communications regarding a hearing -- an item that's up
for hearing is preserved, with the staff, on file.
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Q. Is it your understanding that the -- one of
the purposes of the rules is to make sure that persons
who aren't present for the ex parte communications have
the same information that was shared so that they can be
as prepared as anybody else for the meeting?
A. Yes. I mean, that's basically the same idea
of having that all on file; so that anybody can review
what was on file and see all of the discussions that
happened.
Q. And show up prepared to make a positive
contribution; correct?
A. I don't know about "show up prepared," but,
yeah, it's for folks to be able to see what has been
discussed.
Q. Well, you received your materials before the
meetings; correct?
A. Generally, yes.
Q. The materials are posted usually no later than
seven days before the meeting; correct?
A. Yes and no. I don't know the exact date that
they're originally posted, but they -- it is not
uncommon to see iterations of and updates of those
agenda items up until -- I have seen literally midnight
the night before.
Q. Sometimes there will be an addendum that's
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posted a day or two before the meeting with some
last-minute information; correct?
A. Or even closer, that's right.
Q. Okay. But as a general rule, the primary
materials and anything that the commission has in its
possession seven days before the meeting gets posted
seven days before the meeting; right?
A. As far as the substance of the staff
recommendation, yes.
Q. And the other materials in the record;
correct?
A. If there are materials available, I would
assume that they would also be in there, too.
Q. You have read these materials before and you
have seen that they include more than staff reports;
right?
MR. JACOBS: Objection. The phrase "these
materials" is vague and ambiguous.
THE COURT: Overruled. It's clear in context.
You may answer.
THE WITNESS: So I don't read -- some of these
are hundreds of pages long, and so I just don't know if,
you know, what's added and what's not added. And
usually because there are several iterations and
updates, I wait until closer to the hearing time to
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really review these.
So I couldn't really tell you how much
information is or is not on there ten days before.
BY MR. BRIGGS:
Q. You read all of the materials or just some of
them?
A. So I read a lot of materials. I won't tell
you that I read every single page. We have scores of
agenda items every month during our hearing, with many
of them being hundreds of pages long.
So, no, I don't read all of the information.
Q. The materials that are posted include ex parte
disclosures from commissioners?
A. That's my understanding, yes.
Q. And that's been your experience to see those
posted there; correct?
A. Generally speaking, yes.
Q. As a coastal commissioner, what has been your
practice for submitting your ex parte disclosures, your
written ex parte disclosures?
A. Generally speaking, my practice is to -- once
I have a discussion, whether it's on the phone or in
person and I have and ex parte communication, I will
take the time to draft up or prepare an ex parte
disclosure form, generally speaking, within seven days
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of having -- the communication having occurred.
Q. How do you get that disclosure to the
commission? How do you transmit it?
A. Usually it's via email.
Q. And that has been your practice the entire
time that you have been on the commission?
A. In general, yes, that's been my practice, is
to email my ex parte disclosures.
Q. And you email those items to Vanessa Miller or
Jeff Staben?
A. Yes. And then to -- now to executive staff.
I don't know who is the designated opener of that email
account, but that is who I send it to now.
Q. Would you submit the written disclosures
yourself or did you have someone do it for you?
A. I think that I have almost always sent them
myself, but it's possible that there was an era where I
had an assistant. It's possible she may have emailed
them for a time. I just don't remember.
Q. For the most part, it's been you; right?
A. Uh-huh.
Q. "Yes"?
A. That is correct, yes.
Q. You never used the U.S. mail service to submit
your disclosures; correct?
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493
A. Not that I recall.
Q. And you didn't use FedEx or another overnight
courier; right?
A. I have served on the commission for five
years. It's possible that one time out of that five
years I did use mail or FedEx, but it's not been my
practice.
Q. And you didn't fax in your disclosures;
correct?
A. I don't have a fax machine or really know
anybody that does. I don't use 8-tracks either.
Q. I hope I'm not aging myself by asking the
question. So your answer is no, you didn't fax them in?
A. No.
Q. Did you ever take your written disclosures in
person to a Coastal Commission office?
A. Not that I can recall.
Q. Did you ever take your written disclosures in
person and turn them in at a meeting?
A. Yes.
Q. So is it fair to say that your practice as a
coastal commissioner has been either to submit the
disclosures via email or to deliver them in person at
meetings?
A. In general, yes, that's correct.
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494
Q. When you would email your disclosures, did you
ever get any sort of receipt to show that you emailed
the disclosure?
A. Yes and no. I think that process has evolved,
and now we do, more often than not, have a consistent
reply back.
Q. When did that start?
A. I'm not certain on the specific time that it
started, but probably somewhere around when we started
having the [email protected] email address.
Q. So roughly August of 2016?
A. Maybe. It may be earlier. I just don't
remember.
Q. Mr. Vargas, I'm going to refer you to what is
marked as Pages 786 and 787 within Exhibit 215.
Would you please take a look at those pages.
A. Okay.
Q. Do those pages help refresh your recollection
as to when you started to use the executive staff email
account and get some sort of confirmation of delivery?
A. Yes. I would assume that we started using
that process shortly after the August 4th memo was sent
to us.
Q. Do you recall it being sometime around August
of 2016?
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495
A. Based on this, I would assume that's correct.
Q. But you don't recall when it actually
happened. You are making an assumption?
A. I mean, no, it wasn't that memorable, so I
don't remember.
Q. Okay. Prior to that time, you didn't get any
sort of confirmation that your email had been received
by the Coastal Commission; correct? And by "email," I
mean the one transmitting your written disclosure.
A. So I just don't remember. But I feel like we
did receive confirmations, but probably not on a
consistent basis.
Q. Your email didn't even have a function that
allowed you to request a receipt confirming delivery or
that anybody read it; isn't that correct?
A. I do not use read receipts, that's correct.
Q. So you didn't get an electronic read receipt
from your email service; correct?
A. Not that I'm aware of.
Q. And you did not get an email delivery receipt
from your email service; correct?
A. Not that I'm aware of.
MR. BRIGGS: Your Honor, is this a good place
to stop for today?
THE COURT: It is.
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496
Okay. Sir, I need you back here at 9:00
tomorrow.
THE WITNESS: Yes, sir.
THE COURT: Thank you.
THE WITNESS: Thank you, Your Honor.
THE COURT: All right. You are excused and
may step down subject to you returning tomorrow at 9:00.
Counsel, tomorrow I shall be keen to have your
update as to where we stand vis-à-vis the schedule that
was previously announced. We are on only our fourth
witness. I perceive that we are behind schedule. But I
hope that will disabuse me of that perception.
MR. BRIGGS: We will be prepared to address
that issue, Your Honor.
THE COURT: Thank you.
Anything further?
MR. JACOBS: Not even a housekeeping matter,
Your Honor.
THE COURT: Excellent. I think we have kept
house.
I have four ex partes tomorrow. So I will try
to dispatch them promptly and get started on time.
MR. BRIGGS: Your Honor should just keep in
mind that we have a couple of Coastal Commission
staffers coming tomorrow that we -- I believe we may
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497
have agreed to get them in early. If that's changed, no
problem, but we may be taking them out of order.
THE COURT: That process worked well today,
and I trust that it will work well in the future.
MR. JACOBS: I think we can work that out as
long as the Court is flexible.
THE COURT: The Court is happy to interrupt
witnesses to hear from other witnesses.
MR. JACOBS: Thank you, Your Honor.
THE COURT: Okay.
MR. BRIGGS: Thank you.
THE COURT: Okay. Thank you. See you
tomorrow.
MR. BRIGGS: Your Honor?
THE COURT: Back on the record, please, Lois.
MR. BRIGGS: I want to make sure that tomorrow
I exceed or at least achieve your expectations.
THE COURT: On Exhibit 215, I want it to say
Exhibit 215.758-61, 215.786-87, and 215-792-807 --
MR. BRIGGS: And you would like --
THE COURT: -- in a separate box for each of
those on Page 17 of 47 of the exhibit list.
And bring that -- that will then repaginate
the entire balance of the document which will require
Ms. Breckenridge to redo the whole 18 through 47 of her
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498
exhibit list.
MR. BRIGGS: Will the court clerk --
THE COURT: Hold on.
Just do that one page, and she will
interlineate that for you. It will be clearer for the
Court of Appeal.
MR. BRIGGS: And would the clerk also
appreciate an electronic copy be sent to her like last
night?
THE COURT: Yes.
MR. BRIGGS: It will be done.
THE COURT: Thank you.
MR. BRIGGS: Thank you.
THE COURT: And do that with respect to any
other exhibits where you intended to offer just a piece
of the exhibit. Okay?
MR. BRIGGS: Thank you.
THE COURT: All right.
(Proceedings adjourned at 4:26 p.m.)
---000---
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499
CERTIFICATE
State of California )
County of San Diego )
I, Lois Mason Thompson, CSR No. 3685, a pro tem
reporter in the Superior Court of the State of
California, in and for the County of San Diego, hereby
certify that I reported in machine shorthand the
proceedings held on February 28, 2018, that my notes
were transcribed into typewriting under my direction,
that the foregoing transcript, pages 259 through 499 is
a full, true, and correct transcript of the said
proceedings.
Dated at San Diego, California, March 1, 2018
Lois Mason Thompson
CSR No. 3685
Government Code Section 69954(D): Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.
''14 [1] - 268:22'15 [1] - 268:22
0000 [4] - 264:3; 382:5;
383:3; 498:2100028494-CU-MC [1] -
259:10
11 [13] - 259:7; 271:21;
283:21; 333:1; 342:23; 343:3; 368:13; 381:18; 384:15; 398:24; 420:6; 456:13
1,100 [1] - 442:101,300 [1] - 417:141,900 [1] - 380:11.6 [1] - 353:1310 [10] - 259:7; 323:7,
11; 392:8; 407:6; 422:5; 437:13; 444:1; 456:9
100 [1] - 259:12109 [1] - 392:810:30 [1] - 317:810th [9] - 389:7;
409:15; 413:7; 437:4, 10; 440:25; 441:4, 6; 442:6
11 [7] - 259:12; 327:8; 352:15; 358:8; 369:25; 371:8; 443:24
111 [1] - 260:5117 [1] - 311:1311th [9] - 322:10;
370:5; 408:25; 409:3; 412:4, 15; 413:10; 420:9; 437:11
12 [13] - 287:4; 323:7, 12; 328:17; 417:13; 418:9, 14, 25; 419:13; 422:5; 443:24; 444:1
1201 [1] - 260:211248 [19] - 274:21, 23;
282:1, 14, 18; 284:8, 22; 285:22; 286:17; 287:20; 288:3, 7; 290:6; 291:21; 293:3, 5, 12, 24; 308:10
1280 [2] - 278:9, 23
12:00 [1] - 413:512th [8] - 302:6;
339:13; 356:3; 359:18; 395:20; 424:18; 425:20; 426:4
13 [2] - 407:6; 437:13132 [1] - 302:11132nd [1] - 302:121337 [1] - 276:12134 [2] - 350:18;
351:101354 [1] - 276:1213th [10] - 395:20;
417:22; 436:18; 437:12, 19; 438:17; 440:25; 441:3, 6; 442:6
14 [1] - 371:814-hour [1] - 328:1714th [5] - 395:20;
421:19; 425:1, 4; 438:4
15 [8] - 299:24; 300:1; 336:6; 340:16; 356:9; 400:20; 444:21
1515 [1] - 260:151561 [1] - 280:1115th [2] - 395:20;
414:1316-hour-long [1] -
487:6166 [1] - 400:20168 [1] - 407:617 [2] - 400:20; 497:2217th [1] - 400:2518 [1] - 497:2518th [5] - 415:10, 19;
416:1, 9, 1819 [2] - 371:17; 372:21985 [4] - 280:4, 13,
21; 337:1119th [1] - 437:251:00 [1] - 382:21:30 [1] - 351:11st [1] - 320:8
22 [4] - 318:22; 333:1;
368:22; 370:172-11 [1] - 413:62-9-15 [1] - 413:520 [4] - 318:22;
340:17; 349:25; 362:20
20-year [1] - 378:212000 [1] - 260:162010 [2] - 268:12, 17
2011 [1] - 268:182012 [1] - 326:252013 [6] - 368:14;
419:13; 420:9, 17; 421:1; 481:9
2014 [17] - 273:11; 395:11; 403:16, 21; 405:3; 422:17; 423:7, 16; 424:15, 18; 425:1, 4, 21; 426:5; 430:15; 431:3
2015 [40] - 302:6; 303:17, 25; 339:13; 346:22; 347:1, 8; 349:19; 351:1; 352:15; 354:18; 355:25; 356:3; 412:4, 15; 414:13, 23; 415:10, 19; 416:9, 18; 417:3, 7; 435:2, 7; 436:3; 437:4, 10-11; 438:1, 4; 440:25; 452:22; 455:18, 22; 456:1, 5
2016 [34] - 303:19; 313:10, 13; 327:1; 333:20; 334:1; 370:23; 371:24; 378:8, 13; 379:8, 10; 381:20; 389:4, 9; 390:4, 13-14; 391:14; 392:18, 20; 417:20; 418:2; 419:5; 428:17, 25; 429:3; 436:18; 439:13; 448:12; 456:9, 14; 494:11, 25
2017 [3] - 322:10; 358:8; 369:25
2018 [9] - 259:16; 261:5; 263:3; 264:1; 355:15; 383:1; 499:9, 14
202 [15] - 263:7; 368:16, 18-19, 23; 369:4, 12, 19; 372:14, 21; 373:13; 377:14, 20, 23
20th [1] - 394:12215 [26] - 263:8-10;
381:16; 384:13; 385:17; 387:6, 9; 388:3, 7; 389:19, 23; 392:24; 393:20; 395:2, 6; 448:24; 449:2, 6, 9; 456:23; 494:15; 497:18
215-792-807 [1] - 497:19
215.758-61 [1] - 497:19
215.786-87 [1] - 497:19
22 [2] - 371:17; 372:2222 [2] - 398:12, 14223 [1] - 429:22224 [20] - 398:3, 6, 14,
22, 25; 399:1, 4; 403:4, 11, 15, 25; 404:6, 9; 409:22; 410:5, 17; 411:5; 425:25; 426:13
225 [15] - 399:25; 400:4, 7; 402:14, 17; 403:9, 13, 20; 404:1, 7; 405:14; 410:17; 425:7, 9
226 [16] - 404:17, 25; 405:18, 20, 25; 406:3, 14; 407:3; 410:17; 429:24; 430:14, 23; 431:13; 450:20, 23
227 [7] - 407:16, 20, 23; 408:1, 4; 410:17
228 [7] - 408:16; 409:9, 22; 410:6, 17; 411:6
229 [7] - 411:18, 21; 451:12, 14, 17; 452:20
22nd [1] - 378:823 [2] - 323:7, 11230 [10] - 367:2; 453:3,
6; 457:20; 458:15, 23; 459:22; 479:15
230's [1] - 459:9232 [2] - 412:1233 [2] - 412:12234 [6] - 413:17;
414:10; 453:10; 459:25; 460:2; 479:19
236 [3] - 366:24; 414:20
237 [19] - 346:4, 20; 347:6; 350:2; 366:10, 14, 19; 367:6, 8; 453:14, 16; 460:5, 7, 20; 461:1, 12; 474:20; 479:1
238 [9] - 453:25; 461:18, 22; 462:12; 463:5, 7; 464:5; 479:23
239 [1] - 422:524 [1] - 392:18240 [10] - 416:23, 25;
443:24; 455:17, 19;
1
464:7, 17; 465:18; 466:2, 16
241 [5] - 455:22; 467:12, 15; 469:5
242 [3] - 456:1; 472:15, 18
243 [2] - 424:4; 456:5244 [9] - 436:24;
437:1, 14, 25; 438:14, 16; 439:18; 440:24; 473:20
245 [4] - 417:16; 436:15, 17
246 [1] - 456:9247 [6] - 418:5, 7, 10;
456:13; 473:20248 [2] - 419:3249 [1] - 366:2124th [2] - 405:3; 430:925 [2] - 349:25; 350:125-to-35-minute [1] -
348:12250 [1] - 419:10252 [3] - 419:23; 420:3253 [2] - 420:11, 13254 [2] - 421:3, 5255 [1] - 421:15256 [6] - 439:15;
443:4, 6, 10; 444:5257 [1] - 422:12258 [1] - 422:22259 [2] - 423:12;
499:1125th [2] - 294:20;
405:3260 [3] - 424:11;
425:12, 14261 [1] - 426:7262 [1] - 427:4263 [1] - 429:13264 [5] - 261:5, 10;
429:6, 12; 430:17268 [2] - 431:242689 [1] - 395:24269 [6] - 431:24;
432:2, 6-7; 474:18; 476:12
270 [1] - 433:3271 [2] - 433:9, 12272 [1] - 433:20275 [2] - 435:19276 [3] - 435:19, 21,
25277 [2] - 436:828 [9] - 259:16; 261:5;
263:3; 264:1; 383:1; 436:3; 499:9, 14
28494 [1] - 398:23286 [1] - 448:21286th [1] - 297:4
288 [2] - 297:11, 14288th [1] - 297:12293 [2] - 357:7, 2329th [7] - 296:18;
405:3; 430:9, 11, 15; 431:3
2:00 [5] - 346:23; 347:1, 3, 5
2nd [1] - 419:8
33 [3] - 347:1; 380:9;
403:1630 [3] - 318:17;
349:24; 351:430-year [1] - 378:20300 [1] - 294:4302 [10] - 261:11;
271:18; 273:4; 286:8, 10; 288:7, 13, 24; 289:9; 291:14
30320 [1] - 394:15306 [1] - 295:22307 [5] - 294:12, 14;
295:24; 296:1, 430th [1] - 292:831 [1] - 423:16310 [1] - 260:9313 [1] - 261:123151 [1] - 434:2318 [1] - 261:1531st [1] - 292:9321 [3] - 296:9, 11, 15324 [6] - 298:17;
311:5, 10, 20, 24326 [4] - 300:5, 7, 15;
301:2533 [3] - 444:4, 7, 16337 [1] - 261:1735 [3] - 340:17; 341:1,
3354 [1] - 261:18358 [1] - 302:436 [15] - 327:8; 342:3,
5, 15, 18, 24; 343:8; 366:10, 13-14, 16, 23, 25; 367:1, 6
368 [1] - 261:203685 [3] - 259:24;
499:5, 1937-2016 [1] - 259:9377 [1] - 263:7383 [1] - 261:6388 [1] - 263:8389 [1] - 263:9395 [1] - 263:10396 [1] - 263:11398 [2] - 290:5; 308:11398-page [1] - 290:23
398th [1] - 291:243rd [10] - 346:22, 25;
347:3, 5, 8; 432:14; 451:4; 456:5; 478:22
44 [7] - 357:14, 21;
381:20; 390:13; 394:11
4(d) [1] - 431:104.5 [1] - 396:1400 [1] - 308:1141 [2] - 276:11; 333:142 [1] - 451:23434 [1] - 263:12435 [1] - 263:13445 [1] - 261:214452 [1] - 260:945 [1] - 465:1456 [1] - 261:2247 [2] - 497:22, 25474 [1] - 261:23478 [1] - 261:24481 [1] - 262:2499 [1] - 499:114:26 [1] - 498:204th [5] - 390:4; 391:14;
392:20; 451:4; 494:22
55 [15] - 342:23; 343:3;
349:18, 20; 351:1; 380:9; 417:19; 418:2; 422:17; 424:4; 433:15, 22; 435:2, 7; 436:12
50 [2] - 468:3; 470:24503 [1] - 302:7508 [3] - 299:18; 300:2510.879.0279 [1] -
260:17530 [4] - 294:23;
295:3, 19; 296:3551 [4] - 296:21, 23;
297:135th [1] - 421:20
66 [3] - 368:22; 370:17;
381:1460 [1] - 470:2461 [1] - 384:20619.500.3209 [1] -
260:1064 [5] - 368:22;
370:17; 371:8, 17;
372:266 [1] - 374:5669 [1] - 374:1069954(D [1] - 499:216th [4] - 417:3, 7;
455:18, 22
77 [7] - 350:11; 371:8;
392:8; 424:4; 431:16; 448:25
7(b [1] - 431:1172 [1] - 259:4729 [3] - 263:10;
393:19; 395:273 [1] - 380:9758 [7] - 263:8;
384:12, 14, 18; 385:21; 388:5, 7
760 [2] - 385:9; 388:11761 [8] - 263:8;
384:14, 18; 385:9, 22; 388:5, 8, 12
770 [1] - 477:18776 [10] - 261:10, 14,
20; 262:1; 264:12; 317:21; 332:11; 368:5; 384:6; 480:15
777 [5] - 263:11; 395:9; 396:11, 15
786 [10] - 263:9; 381:22, 24; 388:18; 389:18, 23; 449:2, 8; 456:23; 494:15
787 [7] - 263:9; 381:22, 24; 388:18; 389:19, 24; 494:15
792 [2] - 392:24; 395:47th [7] - 273:12;
400:10; 403:21; 408:7; 414:23; 424:15; 431:20
88 [6] - 327:8; 431:11,
14-15, 18, 228-29 [1] - 451:38-tracks [1] - 493:11800 [1] - 260:22807 [5] - 263:10;
393:9, 20; 395:3, 5812 [7] - 263:12;
434:2, 4, 10, 16, 18813 [4] - 263:13;
434:22; 435:12, 158th [5] - 273:11; 404:4;
419:4; 431:19; 454:3
99 [1] - 287:4900 [2] - 408:8; 442:10909.949.7115 [1] -
260:6916.498.7715 [1] -
260:2391786 [1] - 260:692116 [1] - 260:1094612-0550 [1] -
260:1695814 [1] - 260:2299 [1] - 260:59:00 [4] - 349:20;
496:1, 79th [3] - 379:10; 456:1;
472:25
AA-n-g-e-l [1] - 336:23a.m [2] - 349:20abandoned [1] - 282:3abbreviated [3] -
349:3; 357:4ability [3] - 269:20;
270:9; 363:10able [18] - 267:19, 24;
268:6, 15; 274:18; 282:6; 288:1; 289:5; 291:17; 324:24; 371:21; 401:17; 439:10; 442:13; 459:18; 463:13; 479:8; 489:13
absence [1] - 282:2absolute [1] - 467:8absolutely [13] -
299:7, 17; 315:4; 316:2, 12, 25; 323:5; 379:9, 20; 441:22; 448:2; 472:3; 478:1
access [1] - 379:18accidentally [1] -
329:12accompanying [1] -
275:22accordance [1] -
387:11according [3] -
383:20; 395:19; 415:20
account [4] - 401:16; 439:7; 492:13; 494:20
accounting [1] - 462:13
accurate [6] - 273:23; 314:9, 11; 445:18;
2
447:8; 455:14accurately [3] - 314:2;
351:10, 12accused [1] - 468:5accustomed [1] -
346:1achieve [1] - 497:17acknowledge [3] -
400:12, 15, 23act [2] - 279:3; 337:25Act [4] - 325:18;
337:20, 24acted [1] - 409:4action [1] - 391:24actively [2] - 351:23;
352:4activities [1] - 451:6activity [2] - 373:6;
466:4actual [2] - 335:23;
463:16add [3] - 281:22;
476:4; 485:18added [8] - 426:18;
453:19, 22; 474:23; 475:4; 476:13; 490:23
addenda [1] - 286:2addendum [23] -
285:23; 286:5, 17, 21, 23; 287:13; 288:4, 12; 289:10, 12; 292:25; 293:3, 14, 18; 294:9; 295:9; 296:6, 8, 24; 302:9; 305:8; 307:2; 489:25
addendums [3] - 286:25; 287:6; 307:5
addition [5] - 271:9; 287:7; 289:11; 340:11; 348:8
additional [5] - 350:4; 351:15; 453:19; 460:13; 461:6
additionally [1] - 293:6
address [15] - 439:10, 13; 448:14; 449:18, 20; 450:1, 4, 10, 16; 457:6, 15, 18; 486:2; 494:10; 496:13
addressed [1] - 276:10
addresses [3] - 334:3; 428:17; 457:8
adequacy [1] - 483:25adequate [1] - 276:2adjourned [1] - 498:20adjournment [1] -
454:9
Adjustment [1] - 481:21
adjustments [1] - 394:23
administrative [7] - 324:3; 335:21; 342:16; 345:7; 346:9; 361:10; 374:12
admissibility [2] - 280:2; 283:22
admission [2] - 281:19; 394:8
admit [1] - 277:8admitted [2] - 386:16;
393:22adoption [1] - 395:14advance [7] - 266:20;
287:10; 305:7; 307:1; 309:16; 387:17; 391:7
adversary [1] - 281:20adversary's [1] -
289:23advice [1] - 390:19advised [1] - 266:17advocate [3] - 273:20;
314:15; 398:1ADVOCATES [1] -
260:7advocates [5] -
273:16; 274:7, 17; 313:25
affidavit [1] - 281:3affiliated [1] - 314:22affiliation [1] - 471:2afternoon [6] -
352:16; 382:2; 442:12; 481:3
afterwards [1] - 418:18
agencies [1] - 337:17agenda [21] - 269:16;
270:2; 303:18; 306:22; 319:22; 320:5; 379:19; 380:23; 389:10; 397:1, 3; 405:6; 409:3, 13, 15; 445:8; 482:2, 10; 483:2; 489:23; 491:9
agendas [1] - 482:6agendized [1] -
335:24aging [1] - 493:12ago [6] - 283:14;
308:10; 311:9; 340:19; 466:9; 472:23
agree [3] - 380:12;
480:1; 482:9agreed [3] - 470:19;
471:25; 497:1agreement [1] - 336:8ahead [9] - 269:7;
301:9, 24; 306:16; 331:23; 338:10; 341:8, 11, 25
ALL [2] - 263:16allegations [1] -
267:11alleged [1] - 404:19allocated [1] - 365:12allow [3] - 277:9, 21;
392:13allowed [2] - 486:17;
495:14almost [4] - 362:21;
427:2; 457:14; 492:16
alone [1] - 441:15alter [1] - 377:6altered [1] - 399:23alternatively [1] -
385:21AM [2] - 261:5; 264:2ambiguous [2] -
410:11; 490:18American [2] - 426:11;
427:3amount [1] - 316:5Ana [1] - 378:10analysis [1] - 376:23AND [4] - 259:2, 7, 11;
263:9ANGEL [2] - 261:16;
336:16Angel [13] - 317:8;
336:15, 21; 337:4; 342:2, 15; 346:3; 354:3; 358:2; 432:14; 453:20; 461:4; 474:23
Angeles [8] - 303:7; 316:3; 415:15; 416:2, 4, 21; 481:20
announced [2] - 277:22; 496:10
announcement [1] - 319:25
announcing [1] - 478:25
answer [30] - 274:15; 307:22; 321:12; 324:14; 340:2, 24; 341:5, 13, 17, 20; 348:15; 350:8; 355:8; 363:20; 366:4; 367:18; 371:20; 375:13;
376:7; 390:7; 409:25; 410:2; 411:11; 445:19; 446:10; 461:16; 465:10; 471:19; 490:20; 493:13
Answer [12] - 323:17; 327:14; 333:6; 370:25; 372:8; 380:17; 392:21; 401:1; 407:14; 422:10; 424:9; 444:17
answered [5] - 312:4; 331:24; 375:20; 461:14; 475:2
answering [1] - 427:23
answers [4] - 279:10; 356:4, 14; 473:18
ANY [1] - 263:18anyway [1] - 364:20anyways [1] - 443:3apologies [1] - 389:18apologize [7] -
266:11; 277:25; 292:21; 347:2; 383:25; 406:2; 477:3
Appeal [7] - 285:1; 291:22; 386:2, 10; 387:24; 440:9; 498:6
appeal [6] - 339:4-6; 363:11; 374:24; 376:23
appealing [1] - 376:21appear [1] - 482:6appearance [2] -
273:14; 397:24APPEARANCES [2] -
259:20; 260:1appearing [1] - 281:12appellant [1] - 338:23appended [1] - 304:20applicant [14] - 271:6;
325:24; 350:13; 402:3; 430:7, 19; 431:3, 18; 440:11; 466:22; 470:19; 484:18
applicant's [1] - 470:24
applicants [3] - 287:1; 362:22; 446:12
applicants' [1] - 470:23
application [3] - 281:15; 320:20; 409:7
applications [1] - 379:25
applied [2] - 388:13; 389:15
applies [2] - 278:22; 344:25
apply [5] - 280:13, 22; 326:12; 470:5, 8
appointed [3] - 318:24; 481:12, 15
appointee [1] - 481:24appointment [3] -
470:17; 471:13; 481:23
appreciate [1] - 498:8approach [1] - 272:9approached [1] -
299:3appropriate [2] -
386:24; 450:13appropriately [2] -
308:9; 315:23approval [3] - 395:17;
470:16approved [2] - 338:24;
344:1April [14] - 346:22;
347:4; 414:13; 417:19, 22; 418:2; 420:17; 421:1; 423:7; 436:12, 18; 478:22
Arcadia [1] - 454:10archive [4] - 460:19;
467:14, 19; 472:16archived [1] - 474:2archives [5] - 321:18;
399:15; 452:7; 461:20; 473:5
ARE [1] - 263:16area [1] - 415:14argument [3] - 324:7,
9; 364:12arguments [9] - 363:9;
364:2, 6, 9, 14, 17ARISES [1] - 263:18Armstrong [2] - 427:8,
13arrangement [5] -
285:13; 316:4, 11, 14, 22
arrangements [1] - 316:23
arrive [1] - 415:16arrived [1] - 466:11arrives [1] - 317:10article [2] - 387:19, 21articles [1] - 379:25aside [1] - 267:5aspect [1] - 385:23asserted [4] - 279:13;
280:2; 324:2; 386:17
3
assertion [1] - 324:5assessing [1] - 344:1assignment [1] -
390:18assist [2] - 472:5, 7assistance [1] - 447:1assistant [3] - 453:1;
481:25; 492:18assume [5] - 379:16;
413:10; 490:13; 494:21; 495:1
assumes [2] - 410:11; 416:11
assumption [3] - 315:11; 405:16; 495:3
assumptions [1] - 315:2
attach [1] - 331:4attached [5] - 292:25;
293:18; 294:8; 296:5; 401:10
attachment [1] - 404:21
attempted [3] - 288:24; 379:24; 386:22
attempting [1] - 305:18
attend [1] - 298:16attendance [1] -
442:17attending [1] - 391:21attention [13] - 265:9;
271:1; 272:6, 21; 323:21, 25; 324:18; 392:24; 393:11; 426:1; 465:2; 487:3, 9
attentive [1] - 328:12attorney [5] - 337:8;
375:9; 376:2; 432:3ATTORNEY [1] -
260:14attorney-client [2] -
375:9; 376:2attorneys [2] - 469:23;
484:18audio [1] - 291:7audio-visual [1] -
291:7August [41] - 302:6;
339:13; 346:25; 347:1, 3, 5, 8; 349:18, 20; 351:1; 352:15; 355:22; 356:3; 359:18; 381:20; 389:4, 9; 390:4, 13-14; 391:14; 392:18, 20;
395:11, 20; 405:3; 430:15; 431:3; 432:14; 433:15, 22; 435:2, 7; 456:9; 494:11, 22, 24
authenticate [3] - 281:13; 282:6; 288:16
authenticated [1] - 271:23
authenticating [1] - 288:6
authentication [4] - 281:14; 283:15; 288:8; 289:4
authenticity [5] - 280:1; 284:4, 7; 288:1
authorizes [2] - 278:15, 20
available [12] - 287:12; 306:19; 320:23; 321:2, 14; 363:16; 365:4; 399:5; 448:5; 463:22; 482:22; 490:12
Avenue [2] - 302:6, 9avenues [1] - 322:18avoid [2] - 276:8;
281:8awake [2] - 328:12, 16aware [18] - 303:18,
20; 316:13; 323:20, 24; 324:17; 365:14, 18; 373:25; 424:23; 425:3; 483:4, 7, 9, 23; 487:12; 495:19, 22
awareness [1] - 377:20
Bback-and-forth [1] -
450:11background [2] -
279:19; 309:5backwards [1] - 403:4bad [1] - 405:23bailiff [1] - 317:9balance [1] - 497:24balanced [1] - 315:19ballpark [1] - 301:19Banning [5] - 418:17,
20; 454:4; 456:10, 14
bar [1] - 337:10Barbara [1] - 420:17based [19] - 273:14;
274:10; 292:10; 296:3; 301:15; 312:15, 22; 313:1; 319:13, 17; 335:7; 356:15; 373:15; 376:1; 378:20; 432:2; 451:1; 469:16; 495:1
basis [2] - 316:3; 495:12
Beach [5] - 286:6; 343:15; 456:2, 6; 466:20
became [4] - 303:19; 325:19; 333:22; 481:8
become [5] - 286:1; 374:1; 448:1; 470:5, 8
becomes [1] - 322:8beforehand [1] -
314:9begin [2] - 339:17;
384:14beginning [4] -
285:14; 309:22; 366:2; 388:16
begins [2] - 434:2; 463:10
behind [3] - 470:25; 488:20; 496:11
belatedly [1] - 332:12belief [1] - 451:1benefit [1] - 423:22benefits [1] - 426:24Berman [2] - 292:15,
17Berman's [1] - 292:11best [12] - 343:9;
357:5; 359:22; 363:10; 368:15; 372:8; 381:11; 392:14; 449:1; 452:16; 468:19; 470:2
BEST [1] - 263:15better [3] - 428:25;
463:20; 482:10between [8] - 268:21;
326:25; 328:1, 8; 340:17; 353:9; 391:3; 442:6
beyond [1] - 344:7billed [1] - 340:11billing [3] - 340:10,
20; 341:15binder [4] - 282:19;
286:11; 357:7, 15Binder [1] - 357:21binders [3] - 284:9;
295:6; 317:17bit [1] - 275:23black [1] - 357:15blame [1] - 291:8blank [1] - 283:23blatantly [1] - 387:19blow [1] - 298:3Board [1] - 481:18board [3] - 319:2;
470:13, 18body [1] - 398:1book [2] - 384:12;
487:1booklet [5] - 401:7,
10, 19-20; 402:10bottom [15] - 290:24;
311:13; 328:6; 358:7, 14; 369:19; 374:4, 10; 381:23; 385:8; 388:11; 406:16; 420:5, 15; 434:3
BOULEVARD [1] - 260:9
box [3] - 425:18, 25; 497:21
branch [1] - 303:8break [2] - 386:7;
444:21breakfast [1] - 442:13breath [1] - 465:6Breckenridge [1] -
497:25Brennan [7] - 292:7,
9, 18-21; 308:14Brennan's [5] -
292:24; 293:17, 20; 294:8; 309:8
Brian [1] - 292:6Briefing [1] - 396:2briefing [3] - 396:4;
420:20; 458:5briefly [2] - 474:15;
480:3Briggs [24] - 271:16;
272:7, 16; 280:16; 283:14; 285:1; 289:24; 302:21; 305:13; 306:16; 317:5; 318:4; 324:4; 341:25; 345:23; 356:24; 360:8; 373:18; 414:6; 448:11; 451:23; 473:14; 480:2, 13
BRIGGS [220] - 260:4; 261:12, 15, 18, 21, 23, 25; 262:2; 264:5; 274:12, 24; 275:1, 10, 12, 16, 18;
280:10, 18, 23; 281:1, 3; 284:14; 285:8; 287:21, 23; 289:17, 20, 25; 299:25; 302:23; 304:22; 305:1, 14; 306:17; 311:12; 312:6; 313:18; 317:3, 6, 12; 318:6, 8; 319:11; 321:13; 322:2, 4, 14; 323:2, 6, 13, 18; 324:13, 20; 327:7, 10, 21; 332:10, 15, 25; 333:3, 7; 335:10, 16; 337:3; 338:11; 340:7; 342:1, 14; 343:12; 346:2; 347:5, 7, 23; 348:18; 350:16; 351:8; 353:21; 357:14; 359:12; 363:17; 366:8, 11, 16, 20, 23; 367:1, 6, 8, 20; 368:9, 21; 369:1, 8; 370:12, 16, 19; 371:1, 7, 16, 22; 372:1, 4, 10, 23; 373:1, 10, 13, 19, 23; 374:3, 9; 375:24; 377:2, 13; 378:1, 4, 14; 380:8, 14, 18; 384:5, 10; 385:16, 20; 387:4, 8, 13; 388:1, 5, 10; 389:17, 25; 390:1, 10-11; 391:19, 22, 25; 392:1, 7, 16, 22; 393:18; 394:1, 18, 21; 395:7; 396:10, 17; 398:15, 19, 21; 400:19, 22; 401:2; 404:24; 405:19, 23-24; 407:5, 8, 10, 15; 410:13; 411:2, 4, 15; 414:9; 415:19; 416:6, 15; 422:4, 7, 11; 424:3, 6, 10; 428:23; 434:15, 21; 435:11, 17; 440:1, 19; 443:1, 5, 23; 444:2, 6, 13, 18; 456:21; 457:5; 461:17; 465:13, 15; 471:21; 473:17; 474:11; 477:15; 478:3, 6; 480:3, 6; 481:2; 491:4; 495:23; 496:13, 23; 497:11, 14, 16, 20; 498:2, 7, 11, 13, 17
4
Briggs' [3] - 354:5; 355:8; 356:4
bring [9] - 276:4; 323:21, 24; 324:18; 327:17; 331:20; 446:25; 483:20; 497:23
bringing [1] - 478:16broached [1] - 350:11Broad [3] - 343:15;
456:1; 466:20brought [7] - 265:9;
271:1; 332:7; 348:2, 6
Brown [1] - 337:24Brown's [1] - 471:8bulk [1] - 417:15bullet [2] - 346:18;
347:12bunch [1] - 385:18burden [1] - 439:21business [9] - 275:20;
320:12; 322:21; 328:12, 23-24; 329:17; 398:1; 482:18
but.. [2] - 328:19; 477:15
buzzing [1] - 391:20BY [130] - 260:4, 8, 14,
21; 261:11-13, 15, 18-19, 21-25; 262:2; 264:19; 266:15; 269:10; 273:3, 8; 285:21; 288:2, 21; 289:8; 290:4; 291:13; 292:3, 22; 295:1; 296:2, 14; 297:15; 298:13; 300:4, 14, 20; 301:10; 302:3, 23; 306:17; 307:24; 311:12; 312:6; 313:23; 318:8; 319:11; 321:13; 322:4, 14; 323:2, 18; 324:20; 327:21; 332:15; 333:7; 335:10, 16; 337:3; 338:11; 340:7; 342:1, 14; 343:12; 346:2; 347:7, 23; 348:18; 350:16; 351:8; 354:2; 358:1; 360:2; 363:21; 364:1; 368:9; 369:8; 370:12; 371:1, 22; 372:10; 373:1; 374:3, 9; 375:24; 377:2; 378:14;
380:18; 384:10; 388:10; 390:1, 11; 392:1, 22; 395:7; 396:17; 398:16, 21; 401:2; 404:24; 405:24; 407:15; 410:13; 411:4, 15; 414:9; 416:6, 15; 422:11; 424:10; 428:23; 434:21; 435:17; 440:1, 19; 443:5; 445:3; 447:7; 449:4; 456:21; 457:5; 461:17; 465:15; 471:21; 473:17; 474:17; 477:21; 478:6; 481:2; 491:4
CCal.4th [1] - 276:11calendar [3] - 355:4,
10; 415:21California [20] - 264:1;
318:14, 16; 320:4; 337:10, 21, 24; 338:3; 369:15; 383:1; 454:10; 463:8, 21; 469:24; 481:5, 19-20; 499:2, 7, 14
CALIFORNIA [6] - 259:1; 260:6, 10, 16, 22
cannot [3] - 364:9; 387:15; 487:18
canyon [1] - 370:22Canyon [1] - 372:17capacity [1] - 428:4car [1] - 352:18carefully [1] - 385:25carelessness [1] -
407:24Carollo [9] - 302:25;
303:1, 15-16, 22; 315:25; 316:14, 21
case [15] - 265:4; 311:19; 338:24; 343:22; 362:18, 20; 372:16; 376:10; 379:4; 381:11; 386:21; 390:20; 398:23; 444:11; 446:3
CASE [1] - 259:9cases [5] - 310:13;
446:2; 468:2cautionary [1] - 444:9CCP [3] - 280:4, 7, 13
center [3] - 369:15; 426:12; 427:3
centralized [1] - 486:2CEQA [2] - 337:21;
446:2certain [5] - 275:21;
356:8; 394:7; 466:3; 494:8
certainly [8] - 266:14; 272:4; 276:7; 277:12; 300:11; 303:3; 307:6; 351:16
CERTIFICATE [1] - 499:1
certificate [1] - 370:8certify [1] - 499:8chain [1] - 333:24chair [2] - 270:8;
351:14challenging [1] -
451:23chance [1] - 487:7change [7] - 265:23;
267:2; 301:21; 375:2; 448:10; 450:17; 457:6
changed [9] - 265:11; 301:15; 327:5, 13; 457:17; 482:15; 485:23; 497:1
characterization [1] - 354:13
Charles@coastal [1] - 457:13
chasing [1] - 480:4check [5] - 369:10;
378:23; 401:17; 441:24; 452:3
checked [2] - 356:16; 472:24
chief [1] - 471:8Chris [2] - 393:6Christopher [1] -
393:5CHRONOLOGICAL
[1] - 261:7Chula [2] - 352:19;
355:22Cindy [1] - 298:20circles [1] - 383:18citation [2] - 278:4;
281:17City [5] - 316:3;
343:22; 351:17; 442:9; 481:20
city [4] - 286:6; 338:24; 339:3; 364:15
city-approved [1] - 338:24
civil [1] - 369:15Civil [1] - 276:20CJA [1] - 415:21claim [1] - 308:18clarification [2] -
306:15; 447:2clarified [1] - 266:2clarify [3] - 266:12;
375:14; 445:20clarity [1] - 439:19CLARKE [2] - 260:8;
264:7CLAY [1] - 260:15clean [1] - 317:19clear [6] - 308:4;
373:16; 445:23; 477:3; 482:25; 490:19
clearer [2] - 374:1; 498:5
Clerk [2] - 322:8; 395:4
clerk [10] - 284:25; 332:18; 370:8; 378:22; 386:8; 387:23; 472:7, 10; 498:2, 7
CLERK [6] - 317:24; 318:3; 322:11; 336:19, 22, 24
CLERK'S [1] - 263:17clerked [1] - 284:25clerks [1] - 386:8client [2] - 375:9;
376:2clients [4] - 316:24;
337:16; 338:13clients' [1] - 353:5clock [3] - 383:13, 20;
397:6close [4] - 356:8;
448:7; 450:5; 487:7closed [3] - 286:11;
412:25; 415:4closer [4] - 279:18;
301:19; 490:3, 25Coastal [110] - 265:5,
13, 17, 23; 270:5; 271:12; 272:12; 283:5; 284:20; 286:2, 23; 299:5, 11; 303:3, 13; 307:14; 318:25; 320:4, 14, 24; 321:1; 323:4; 325:17; 326:19; 328:24; 329:17; 331:16; 337:19; 338:4; 339:5, 9; 343:15; 344:19; 345:7, 13; 352:19;
355:20; 358:6; 364:16; 376:21; 379:1; 384:19, 24; 389:5; 393:2; 395:11, 21; 396:19, 22; 397:1; 399:16; 402:15, 18, 23; 404:13; 406:4, 6, 9, 11; 407:3, 13; 408:5, 24; 410:7; 411:6, 22; 412:7, 17; 415:1, 12; 416:3; 417:6; 424:18; 425:5; 428:17, 21; 429:3; 432:21; 433:1; 437:7, 15; 446:5; 450:23; 452:8; 454:7, 12; 463:9, 22; 468:1; 472:1, 5, 12; 474:2; 475:8; 476:20; 481:13; 482:4, 22; 483:5, 18; 485:4; 486:12; 493:16; 495:8; 496:24
COASTAL [4] - 259:6; 260:2; 261:2; 263:2
coastal [31] - 269:15; 285:25; 303:9; 318:10; 319:12, 23; 325:5; 338:24; 362:14; 373:3, 7; 376:22; 384:23; 385:5, 14; 388:14; 416:5; 447:13; 457:9, 11; 460:12; 470:5, 8; 481:5; 482:1; 484:13; 486:21; 487:2; 488:14; 491:18; 493:22
Code [12] - 272:3; 275:14, 19; 276:19, 22, 24; 278:9; 280:11; 332:11; 394:14; 477:18; 499:21
codified [1] - 394:14coffee [1] - 328:19colleagues [3] -
310:19; 334:12, 25college [3] - 322:1, 23;
323:3comfortably [2] -
328:1, 8coming [9] - 305:11;
312:14; 366:20; 413:24; 418:20; 427:9, 15; 457:15; 496:25
5
comments [1] - 462:11
Commission [105] - 265:5, 13, 17, 21, 23; 270:5; 271:12; 283:5; 284:20; 286:2; 299:5, 11; 303:3, 13; 307:14; 318:25; 320:4, 14, 24; 321:1; 323:4; 325:17; 326:19; 328:24; 329:17; 331:16; 337:19; 339:5, 9; 343:15; 344:19; 345:7, 13; 352:19; 355:20; 364:16; 376:21; 379:1; 384:19, 24; 393:2; 395:11, 21; 396:19, 22; 399:16; 402:15, 18, 23; 404:13; 406:4, 6, 9, 11; 407:3, 13; 408:5, 24; 410:7; 411:6, 22; 412:7, 17; 415:1, 12; 416:3; 417:6; 424:18; 425:5; 428:17, 21; 429:3; 432:21; 433:1; 437:7, 15; 446:5; 450:23; 452:8; 454:7, 12; 463:9, 22; 468:1; 472:1, 5, 12; 474:2; 475:8; 476:20; 481:13, 19, 21-22; 482:4; 483:5, 18; 485:4; 486:12; 493:16; 495:8; 496:24
commission [88] - 268:18; 269:5, 16, 20, 23; 270:8; 285:24; 287:3, 9; 289:10, 13; 293:4, 13; 295:9; 304:10, 14; 306:14, 20; 307:10; 308:5; 310:25; 314:15; 315:1; 319:21; 320:9, 12; 323:21; 325:11; 326:4, 6; 327:1; 328:22; 329:20; 330:3; 331:19, 21; 333:9, 17, 19, 22; 334:9; 335:24; 339:4, 7; 345:21; 351:14; 358:17; 359:11; 360:23; 361:10; 364:21; 365:15, 20; 373:6; 374:23;
378:12; 381:12; 397:16, 20; 412:11, 22; 414:15; 415:3; 416:8, 17; 417:24; 428:3, 7, 9; 430:3; 436:18; 438:15; 441:20, 25; 442:6, 12; 445:11; 446:14; 455:2; 475:13; 483:23; 484:4; 485:24; 490:5; 492:3, 6; 493:4
Commission's [7] - 272:12; 286:23; 338:4; 358:6; 389:5; 397:1; 482:22
commission's [9] - 319:14; 334:22; 336:1; 358:12; 379:18; 386:14; 387:2; 399:17; 483:6
commission-generated [1] - 293:4
commissioner [63] - 264:22; 267:6; 269:15; 271:10; 286:1; 292:6, 9-10, 15; 293:20; 294:7; 299:2; 309:7; 318:10; 319:12, 23; 325:5, 19, 25; 326:13, 15; 328:11, 16; 334:4; 335:5, 11; 339:17; 340:1; 345:10; 348:5; 351:19, 22; 359:9, 18, 20; 373:3, 8; 380:19; 385:5, 14; 388:14, 23; 389:15; 395:13; 447:13; 470:6, 9; 475:9, 14, 22-23; 476:2, 14, 19; 481:5; 482:1; 484:13; 486:17, 22; 487:3; 488:15; 491:18; 493:22
Commissioner [40] - 292:21, 24; 293:17; 297:9, 18; 308:14; 339:18, 21; 340:6; 342:25; 344:11, 17, 22; 346:8, 11, 16, 22, 25; 347:13; 348:8, 11, 21; 349:6, 10, 15; 350:3, 5, 10, 24; 351:1, 23-24; 352:9, 24; 360:18; 361:3
commissioners [51] - 269:22, 25; 270:3,
21; 274:19; 283:3; 286:18; 287:2; 297:3; 309:4, 15; 321:3; 335:20; 344:5; 349:4; 353:12, 20; 354:11, 20, 22; 355:7; 357:5; 358:6, 13, 22; 359:8; 360:4, 9; 361:1; 362:11, 14, 17, 24; 363:6, 9, 14; 364:18; 365:3; 374:13, 19; 376:22; 384:24; 391:7; 460:12; 461:5; 462:2; 478:23; 479:13, 17, 21; 491:13
commissioners' [6] - 310:4, 14; 311:2; 376:16; 459:13; 478:11
common [5] - 274:9; 278:11; 316:11; 475:7, 13
communicate [2] - 461:11; 463:4
Communication [1] - 396:2
communication [149] - 264:25; 273:21; 274:2; 297:25; 299:4; 305:24; 310:20; 312:8, 23-24; 314:10; 315:15; 325:7, 22-23; 329:12, 19, 22; 330:2, 4; 331:12; 339:20; 342:9, 18-19, 25; 344:17, 23; 345:3; 346:12, 16, 21, 24; 347:15; 348:11, 22; 349:14; 350:23, 25; 352:8; 360:13; 363:14; 375:23; 380:21; 381:8; 385:10; 402:12; 403:8, 11, 13, 18, 21, 25; 404:1, 5; 407:19; 413:5; 417:5, 19; 418:11; 419:17, 21; 420:25; 421:8, 20, 24; 422:9, 16, 20, 25; 423:10, 15, 21, 25; 424:8, 14, 24; 425:4; 432:13, 17; 433:7, 14, 18, 22, 24; 436:2, 6, 12; 437:3, 7; 440:6, 10, 23; 442:5, 22;
443:10; 447:18, 22, 25; 448:1, 4; 452:20; 453:5, 11, 15; 454:3, 12-13, 17-18, 21; 455:1, 3-4, 18, 23; 456:2, 10, 14; 458:14, 23; 459:21; 460:4; 461:2, 21; 462:12, 23; 463:3; 464:16; 465:17; 466:2; 467:15; 468:21; 472:17; 475:15, 17; 476:1; 477:24; 484:6, 9, 15; 486:6, 11, 19; 488:5, 12; 491:23; 492:1
communications [42] - 264:23; 271:16; 299:9; 304:3; 308:1, 8; 313:2; 326:7; 329:2, 5-6; 338:12; 339:15, 22; 344:14; 345:5; 348:6; 354:7; 355:17; 356:5, 24; 358:18; 359:7; 362:13, 17; 365:21; 368:13; 374:15; 375:10; 376:2; 381:1; 392:6; 400:16; 405:2; 446:12; 447:9, 14; 473:19; 484:22; 485:3; 488:24; 489:3
community [2] - 460:14; 461:7
companies [1] - 291:6company [1] - 303:8compare [3] - 292:12;
297:21; 403:24comparing [1] -
355:13compensation [1] -
316:22complaining [1] -
448:23complaint [2] - 404:20Complete [1] - 297:24complete [5] - 297:25;
320:20; 330:15; 455:15; 488:4
completed [2] - 320:21; 348:24
completely [5] - 266:10; 439:18; 459:10; 476:17; 485:16
complex [1] - 369:15complexity [1] -
365:10complying [1] -
488:15comprehensive [4] -
297:24; 330:15; 376:13; 488:5
computer [1] - 358:3conceal [1] - 447:21concentration [1] -
379:7concern [1] - 334:12concerned [5] -
427:19; 441:18; 468:4; 483:24
concerning [5] - 307:15; 329:16, 20; 330:3; 368:13
concerns [7] - 267:8; 299:8, 10; 334:25; 365:13; 484:1, 3
concluded [6] - 310:1; 312:15, 19, 22; 313:1
concludes [1] - 302:19
conclusion [3] - 307:20; 321:10; 390:5
condition [1] - 279:4Condition [7] - 431:9,
14-16, 18, 22conduct [1] - 444:24conducted [1] -
325:13conducting [1] -
277:14conduit [1] - 462:18confer [1] - 282:22conference [2] -
294:20; 340:6confident [1] - 441:11confidential [3] -
363:1, 3; 447:19configuration [1] -
376:24confirm [3] - 362:7;
378:15; 454:20confirmation [3] -
334:8; 494:20; 495:7confirmations [1] -
495:11confirmed [3] - 453:6,
10, 16confirming [2] -
311:11; 495:14confuse [1] - 440:14confused [2] - 266:10;
442:25confusing [1] - 438:8confusion [3] - 406:2;
413:23; 468:9conjunction [1] -
6
349:4connect [1] - 331:8connected [3] -
466:13; 476:10connecting [1] - 306:9connection [2] -
360:23; 365:15consecutively [2] -
291:24; 357:23conservative [1] -
356:17consider [2] - 278:21;
450:16consideration [4] -
397:15, 17, 21; 405:10
considered [2] - 447:15; 482:19
consistent [9] - 311:4; 359:2, 5; 371:12, 15; 388:12; 389:13; 494:5; 495:12
consists [2] - 321:2, 4constitute [2] -
276:13; 482:23constitutes [1] -
484:14consultants [2] -
316:11, 16contact [1] - 269:11contain [1] - 293:4contained [3] -
319:14; 461:1; 463:5contains [3] - 288:24;
293:6; 320:14content [5] - 297:21,
25; 298:2; 341:15; 375:22
contents [3] - 373:25; 377:21; 482:17
context [2] - 483:17; 490:19
continue [2] - 384:14; 385:9
CONTINUED [1] - 384:9
continuous [1] - 444:10
contract [1] - 446:3contribution [1] -
489:11control [1] - 301:6controversial [1] -
270:18CONTROVERSY [1] -
263:18conversation [22] -
267:25; 268:15; 273:12; 306:6; 340:9; 351:20;
363:1; 364:5; 365:24; 426:14; 430:5, 19, 21-22; 431:2, 5, 7, 18; 475:10, 20; 478:24
conversations [7] - 274:8, 10; 314:3; 340:12; 354:12, 17; 356:15
copied [1] - 360:1copies [6] - 284:18;
345:10; 349:1; 359:18; 499:23
copy [30] - 272:15; 285:5, 8; 288:7, 12, 24; 295:4; 306:10, 24; 307:1; 319:22; 342:19; 345:1; 358:3; 376:19; 406:17, 21, 24; 409:2; 411:24; 413:21; 445:16; 460:8; 466:14; 468:17; 498:8; 499:22
CORPORATION [1] - 260:4
correct [181] - 274:4; 275:16; 281:6; 287:18; 303:11, 23; 304:4; 305:14, 16; 308:19; 309:13, 23; 311:15; 312:3, 25; 319:8; 320:2, 6, 17; 321:8, 15, 20; 322:18; 323:4, 25; 324:18; 325:19; 328:13; 329:6, 9, 23, 25; 330:6, 19; 331:1, 5; 332:17; 333:5; 334:1; 335:2, 25; 336:1; 347:25; 348:8; 349:19; 351:2; 353:1; 354:20; 355:10; 360:5; 361:12, 18; 362:4, 11; 363:16; 364:3; 365:5; 368:14; 371:24; 372:7, 21; 373:3; 379:12, 23; 380:16; 381:8, 12, 24; 383:21; 384:25; 385:6, 14; 388:6; 389:9; 391:14; 392:21; 395:14, 21-22; 396:6, 19-20, 23; 397:9, 12, 22; 398:25; 399:2, 17; 400:10; 403:5, 9, 13;
404:7, 14; 405:4, 14, 19; 407:3; 411:7, 12, 16; 412:20, 23; 413:1, 11; 414:16; 417:3, 20, 22, 25; 418:3; 419:8, 14-15, 18; 420:6, 9; 421:13, 21; 427:25; 428:7; 429:18; 431:14; 432:9, 21; 433:1, 10; 434:13; 436:19, 22; 439:1; 440:5, 24-25; 446:16; 450:24; 458:23; 459:10; 462:7, 25; 463:5, 23; 464:6; 465:23; 466:18; 471:23; 472:12; 473:21; 481:7; 482:7, 20; 485:13; 486:9; 487:3, 15; 489:11, 16, 19; 490:2, 11; 491:16; 492:23, 25; 493:9, 25; 495:1, 8, 15-16, 18, 21; 499:12
Correct [84] - 268:13; 270:12; 300:23; 305:17; 307:11; 308:20; 311:14; 320:3, 7; 321:9, 16, 21; 324:19; 326:3, 20; 327:2; 328:25; 330:1, 7, 20, 24; 331:2; 335:3; 349:16; 381:9, 13; 385:12; 395:15, 18; 396:3, 7, 24; 397:10, 13, 23; 399:18; 400:11; 403:6; 405:5; 406:12, 15, 18; 411:17; 412:21, 24; 414:17; 417:21, 23; 418:1, 4; 419:9, 19; 420:4, 7, 10; 421:16, 22; 428:8; 429:1, 5, 19; 430:16, 20; 433:23; 434:12; 435:10; 436:20, 23; 439:14; 441:1; 442:24; 447:12; 449:14; 450:25; 454:15; 455:16; 457:19; 458:24; 462:8; 467:23; 471:24; 473:9; 474:21; 476:15
corrected [3] - 322:19; 432:2, 7
correction [1] - 284:16corrections [1] -
435:21correctly [7] - 304:1;
309:19; 311:18; 345:20; 352:18; 355:5; 446:11
correspondence [2] - 364:15
corresponding [4] - 457:9; 459:21; 479:2; 482:12
corresponds [2] - 396:5; 479:23
CORRUPTION [4] - 259:7; 260:3; 261:2; 263:2
CORY [1] - 260:4Costal [1] - 265:21council [2] - 339:3;
364:15counsel [5] - 282:23;
367:17; 385:25; 392:13; 496:8
Counsel [4] - 266:12; 282:20; 410:22; 443:25
counsels [1] - 387:21counted [1] - 441:12Counties [1] - 470:15county [6] - 332:19;
379:3; 401:15; 428:18; 439:4
COUNTY [1] - 259:2County [9] - 318:21;
319:4; 370:21; 378:9; 428:5; 472:4, 6; 499:3, 7
county's [1] - 406:23couple [8] - 272:5;
343:4, 10; 347:21, 24; 366:9; 479:6; 496:24
courier [1] - 493:3course [3] - 285:25;
353:5; 409:21COURT [331] - 259:1;
264:4, 9, 15; 266:1, 9, 12; 267:14, 17; 268:2, 6, 9, 14, 20, 23; 269:6; 272:2, 5, 17, 20, 25; 273:6; 274:14, 23, 25; 275:2, 8, 11, 15, 17, 25; 276:4, 9, 19, 23; 277:2, 6, 9, 14, 19; 278:1, 7, 10; 279:16; 280:3, 15, 19, 25; 281:2, 6, 14, 25; 282:7, 9, 13, 19, 24; 283:10, 12, 20, 25; 284:13, 21, 23;
285:3, 10, 15, 20; 287:22, 25; 288:5, 12, 19; 289:3, 16, 18, 22; 290:1, 3, 8, 16, 20; 291:3, 6, 21; 292:1, 17; 295:24; 296:12; 298:8; 300:9, 12, 16, 18; 301:3, 6, 9, 24; 302:20; 304:18, 23, 25; 305:3, 10, 15, 18, 23; 306:3, 15; 307:21; 311:8; 312:5; 313:20; 317:2, 4, 11, 14, 17, 19; 318:4; 319:2, 5, 8; 321:12; 322:6, 12, 25; 323:11; 324:2, 9, 12, 16; 327:9, 16; 332:13; 333:2; 335:13; 336:3, 8, 13; 337:1; 338:8; 339:25; 340:25; 341:6, 11, 16, 24; 342:4, 7, 10; 343:6; 345:17, 21; 347:4, 18; 348:14; 350:7; 351:7; 353:23; 357:13, 17, 25; 359:13, 19; 363:19, 23, 25; 366:3, 7, 9, 12, 14, 18, 25; 367:7, 10, 15, 22, 24; 368:1, 4, 23; 369:2; 370:7, 10, 18; 371:11, 18; 372:3; 373:16, 21; 374:2, 6; 375:11, 17, 22; 376:3; 377:15, 18; 378:2, 5, 11; 380:12; 381:25; 383:4, 9, 12, 15, 17, 22; 384:1, 3; 385:18, 23; 386:14, 19; 387:1, 5, 10, 15; 388:2, 6; 389:20, 22; 390:6; 391:21, 23; 392:12; 393:24; 394:6, 9, 19, 24; 395:4; 396:12, 14; 398:14, 18; 400:21; 404:22; 405:17, 21; 407:7, 9; 410:12, 24; 411:3, 10; 413:18, 25; 414:3, 5; 415:18, 20, 24; 416:13; 422:6; 424:5; 428:12; 434:18; 435:14; 439:16; 440:5; 442:2, 4, 14, 19, 21, 25; 444:4, 9, 20, 24; 445:19, 22,
7
25; 446:9, 18, 22; 447:3; 448:22; 456:18; 457:2; 461:15; 464:19, 22, 25; 465:4, 6, 9, 12, 14; 471:18; 473:7, 12, 22; 474:3, 5, 8, 14; 477:11, 16, 18, 20; 478:4; 480:1, 4, 8, 10, 14, 18, 22; 490:19; 495:25; 496:4, 6, 15, 19; 497:3, 7, 10, 12, 15, 18, 21; 498:3, 10, 12, 14, 18
Court [23] - 271:23; 272:4, 19; 276:11; 283:17; 285:1; 289:3; 291:22; 367:18; 369:14; 370:21; 376:18; 377:19; 378:9; 383:20; 386:1, 10; 387:24; 440:9; 497:6; 498:6; 499:6
court [14] - 277:7, 23; 278:17; 343:22; 355:15; 373:5; 398:9; 423:22; 428:21; 446:7, 24; 498:2; 499:21, 23
Court's [9] - 272:6; 377:24; 385:24; 388:7; 389:23; 395:2; 396:15; 434:19; 435:15
COURTS [1] - 263:6covered [13] - 309:10;
310:3, 6-7; 311:1; 350:5; 424:20; 457:25; 466:8, 16; 468:12; 479:15, 19
covers [1] - 310:6Cox [9] - 297:9;
351:23; 352:1; 360:18; 361:3, 5; 374:19
credential [2] - 318:14, 16
Crescent [1] - 442:9CROSS [6] - 261:10,
18, 21; 264:18; 354:1; 445:2
cross [9] - 264:16; 277:4, 15; 289:23; 327:18; 353:23; 444:22, 25; 471:17
CROSS-EXAMINATION [6] - 261:10, 18, 21;
264:18; 354:1; 445:2cross-examined [1] -
277:4CRR [1] - 259:23crunch [1] - 445:9crush [1] - 445:9CSR [4] - 259:23;
499:5, 19CTL [1] - 259:10cumulative [1] -
473:16cure [2] - 322:17cured [1] - 322:19curious [1] - 310:9custodian [11] -
272:12; 275:6, 8, 13, 22; 276:5; 277:21; 278:16; 279:2; 281:4, 11
Ddaily [1] - 387:20dais [9] - 328:11;
417:14; 418:13, 16, 25; 443:12, 17; 468:18; 487:2
date [38] - 267:20; 301:15; 330:11; 349:17; 355:6, 24; 369:25; 370:2; 378:2, 5; 389:1; 403:15, 18, 21, 25; 407:25; 408:4, 23; 413:9; 416:11; 423:2, 9; 429:25; 430:1, 4; 437:14; 438:2; 441:2, 5, 25; 450:9; 472:21, 25; 482:18; 489:20
DATE [1] - 261:4date-stamped [1] -
441:25dated [2] - 358:8;
381:19Dated [1] - 499:14dates [9] - 354:6;
355:4, 9, 16; 427:7, 12; 440:24; 473:11; 474:3
Dave [1] - 294:20David [1] - 292:7Davis [1] - 481:24day-of [1] - 286:21day-to-day [1] -
271:11days [52] - 265:11;
266:3, 5, 20; 269:1; 287:11; 304:20; 305:7; 319:25;
322:22; 325:12; 329:20, 22; 330:3; 340:19; 356:1; 389:1; 390:20; 391:7; 395:20; 408:7; 413:16, 22; 415:16; 417:10; 418:3; 430:25; 437:8, 19; 438:2, 19; 439:23; 440:3, 21-22; 441:2, 13; 446:14; 470:1; 485:4; 486:6, 8, 12; 489:19; 490:6; 491:3, 25
deadline [1] - 391:8deal [2] - 337:23;
344:24December [13] -
268:17; 292:8; 294:19; 378:13; 437:4, 10-12, 20, 25; 438:4; 440:25
decide [2] - 269:21; 270:4
decided [4] - 397:8, 12; 476:23; 477:25
deciding [1] - 271:8decision [11] - 270:6;
285:18; 319:18; 326:6, 9; 339:4; 351:18; 380:20; 398:1; 418:17; 483:19
decision-makers [1] - 351:18
decision-making [1] - 398:1
decisions [4] - 319:13, 17; 409:20; 483:5
declaration [20] - 272:13, 15, 19; 275:7, 9, 15, 18, 22-23; 277:3, 10, 22; 278:15, 19, 21; 279:12, 15, 25; 281:5, 19
declarations [1] - 276:13
deep [1] - 465:6deeper [1] - 380:6defend [1] - 376:22DEFENDANT [1] -
260:19DEFENDANTS [2] -
259:13; 260:12defendants [1] -
394:13defendants' [1] -
284:14defense [2] - 324:3, 5definitely [2] - 348:4;
380:3Del [7] - 318:21;
319:4, 7; 428:5; 472:4, 6
delay [1] - 383:7deleted [1] - 368:12deliberation [1] -
486:18deliberations [1] -
487:15deliver [5] - 331:24;
391:9; 392:4; 416:20; 493:23
delivered [5] - 269:5; 401:21, 25; 402:7; 417:24
delivering [1] - 333:9delivery [3] - 494:20;
495:14, 20denied [2] - 366:3;
369:2DEPARTMENT [2] -
259:4; 260:13depo [2] - 369:3, 5deposition [26] -
320:25; 322:9; 324:22; 328:1; 368:24; 369:13; 370:2, 5, 14; 371:5; 372:16; 384:16; 388:20, 23; 392:9; 397:15; 399:9; 401:18; 402:6; 410:15; 422:2; 432:1, 3; 435:21; 458:20; 460:16
deputy [1] - 391:21derogation [1] -
277:22desalinization [1] -
420:22describe [2] - 450:13;
476:17described [10] -
342:18; 348:8; 407:20; 436:12; 443:10; 444:15; 448:12; 467:15; 472:18; 473:19
description [5] - 297:24; 330:12; 454:17; 455:4; 482:13
designated [1] - 492:12
designation [1] - 283:21
designee [1] - 334:23desire [2] - 447:18, 25desk [2] - 287:7; 295:5detail [5] - 314:5;
379:24; 426:1; 462:3detailed [2] - 392:5;
486:25details [3] - 270:17;
354:6; 390:21determine [2] - 281:9;
409:11developed [2] - 461:9;
476:11developers [1] -
314:18development [4] -
299:1; 314:25; 338:24; 353:15
deviated [1] - 455:12Dick [1] - 463:18Diego [6] - 264:1;
383:1; 441:5; 499:3, 7, 14
DIEGO [2] - 259:2; 260:10
difference [1] - 391:3different [20] - 264:25;
277:16; 278:14; 282:19; 298:5; 299:10, 13; 316:5, 15; 345:25; 367:4; 380:1; 391:13; 415:8; 430:25; 444:3; 448:5; 452:11; 463:15; 468:3
differs [4] - 390:3, 13, 24; 392:19
difficult [4] - 325:1; 459:19; 468:11; 479:11
diligence [1] - 470:3dire [2] - 287:21;
289:20direct [3] - 345:22;
392:23; 395:8DIRECT [9] - 261:15,
17, 20; 262:2; 318:7; 337:2; 368:8; 384:9; 481:1
directed [3] - 304:22; 391:6
direction [2] - 305:1; 499:10
directions [1] - 335:25directly [5] - 269:12;
320:3; 364:21; 449:17; 462:15
director [4] - 271:14; 334:22; 335:25;
8
379:14directors [2] - 335:5,
17disabuse [1] - 496:12disagree [2] - 375:25;
387:1disagreed [4] - 376:4,
9disagreement [3] -
375:5, 18; 466:22disclose [26] - 315:23;
329:22; 330:22; 331:1; 375:22; 376:4; 400:12; 423:25; 424:7; 454:2, 5; 455:19, 24; 456:2, 6, 11, 15; 457:23; 460:25; 462:1, 10; 466:23, 25; 475:10, 12; 486:14
disclosed [36] - 310:25; 326:7; 329:9; 330:10, 19; 375:12; 380:21; 381:1; 400:17, 24; 404:5; 413:15; 451:13, 16; 452:20; 453:7, 11, 16, 18; 454:13; 455:2; 457:22, 24; 460:6; 461:2; 462:2, 13; 466:18; 469:9, 11; 475:14, 16, 23; 476:1; 485:6
disclosing [10] - 265:24; 267:3; 269:2; 374:14; 400:9; 419:16; 421:19; 455:14; 467:2, 5
disclosure [163] - 266:18; 267:8; 273:10, 19; 288:13; 292:6, 11, 15, 24-25; 293:17; 294:8, 18; 296:5, 17; 297:22; 298:19; 302:5; 308:13, 17; 310:5; 314:13; 330:5, 14-15; 331:4; 346:7; 347:13, 25; 354:8, 24; 355:2, 14; 377:4; 379:11; 389:14; 399:10; 400:16; 401:4, 6, 11; 402:10; 403:2, 7; 404:12; 407:2; 408:12, 20; 409:12; 411:16; 413:14; 414:11, 21;
416:8, 17, 24; 419:7, 11, 20; 420:8, 12; 421:4, 7, 12, 17, 23; 422:9, 13, 19, 23; 423:13, 18; 424:12, 17, 23; 425:3, 8; 426:4, 8; 427:5; 429:7, 15; 430:2, 8, 17; 431:13; 432:1, 5, 11, 16, 20, 25; 433:4, 6, 11, 17; 435:24; 436:5, 11, 17, 21; 440:6, 13; 443:7, 9; 444:15; 452:21; 457:17; 458:14, 19, 22; 459:1, 4, 10, 20; 460:1, 6, 20, 23, 25; 461:11, 21; 462:6; 464:8, 12, 16; 465:17; 466:1; 467:14, 19; 468:20; 469:5, 10; 472:17; 473:5; 474:19; 475:9; 476:2, 14, 16, 21, 24; 477:5, 7, 10, 23, 25; 484:22; 485:7, 10, 20; 486:8, 13; 487:11; 488:5, 10, 20; 491:25; 492:2; 494:3; 495:9
disclosures [58] - 265:7, 15, 19; 267:1; 269:13; 271:16; 274:10; 279:21; 301:17; 307:16; 310:13; 314:7; 330:9; 331:18; 332:16; 333:8, 14, 17; 334:13, 21; 335:1, 8, 19; 375:3; 377:9; 378:16; 391:6; 403:5; 418:3, 13, 24; 423:8; 445:5; 449:12, 16; 451:11; 475:8; 478:8, 12; 479:14, 18, 22; 483:25; 488:17; 491:13, 19-20; 492:8, 14, 25; 493:8, 15, 18, 23; 494:1
discovered [1] - 425:24
discrete [1] - 448:19discuss [4] - 343:2;
352:23; 418:9; 426:10
discussed [28] - 273:5; 302:18; 308:25; 309:1;
314:5; 330:13, 16, 18, 23; 335:21; 343:4, 8; 347:14; 350:11, 15; 351:11, 13; 352:25; 353:2; 354:19; 426:11; 431:21; 461:6; 475:19; 476:6, 8; 489:14
discusses [1] - 311:22discussing [4] -
267:19; 297:19; 328:22
discussion [6] - 296:10; 353:19; 427:20; 450:15; 478:17; 491:22
discussions [2] - 430:25; 489:8
dispatch [1] - 496:22display [1] - 306:20displayed [6] - 305:16,
20, 22, 24; 306:22; 307:9
disposition [1] - 275:13
distinctly [1] - 407:1distinguish [2] -
340:11; 353:8distributed [3] -
286:18; 296:7; 297:3distribution [1] -
286:23District [2] - 318:22;
481:22doctored [1] - 399:22document [34] -
272:22; 276:3; 279:12, 15, 23-24; 280:1; 283:4; 284:5; 285:9; 288:15, 17, 25; 291:25; 294:16; 295:2, 17; 297:5, 12, 16; 302:13; 356:6; 370:24; 371:2, 4; 373:5; 389:8; 394:25; 414:19; 431:12; 440:6, 13; 497:24
documentation [2] - 333:16; 438:9
documents [19] - 272:1, 11; 275:5; 280:13; 281:9, 13; 282:5; 283:1, 3, 18; 284:1; 288:14; 293:4; 299:5, 11; 364:22; 482:7, 22; 483:1
DOES [2] - 259:7, 12
Don [1] - 396:18done [8] - 289:1;
338:12; 346:5; 387:21; 409:2; 451:25; 470:2; 498:11
door [1] - 287:5double [3] - 401:17;
451:8; 452:3double-check [2] -
401:17; 452:3doubt [1] - 398:19down [18] - 277:15,
18; 301:15; 306:4; 311:15; 317:4; 319:6; 335:22; 354:7; 386:7; 431:8, 19; 437:23; 441:5; 451:8; 458:6; 496:7
download [2] - 320:17; 482:6
downloaded [1] - 320:5
downloads [1] - 320:6dozed [1] - 487:4draft [5] - 367:11;
425:18; 485:15; 491:24
drafted [2] - 339:5; 367:14
drill [1] - 335:22drilling [1] - 306:4driving [1] - 352:19dry [1] - 284:1due [6] - 413:22;
437:9; 438:3; 439:23; 440:3; 470:2
dug [1] - 380:6duly [3] - 317:22;
336:17; 480:16duplicate [1] - 331:10duration [1] - 356:5during [70] - 267:6;
304:3, 9; 306:20; 307:15; 311:16; 312:8, 16; 324:21; 325:5; 326:4, 11, 18; 327:22, 25; 328:20; 331:16; 335:17; 344:16, 23; 345:2; 346:15; 347:14; 349:7; 351:20; 359:19; 370:4, 13; 373:6; 387:3; 389:5; 393:2, 11; 397:11, 14; 400:15; 402:5; 408:9; 410:14; 418:10, 13, 24; 422:2; 426:4; 427:14; 428:15;
435:20; 441:7; 442:15-17, 21; 447:10; 453:22; 454:7, 9, 12; 455:1, 6; 457:25; 458:9; 459:13; 460:16, 25; 462:10; 464:1, 3; 476:22; 488:11; 491:9
duty [1] - 279:6
Ee-mailing [1] - 449:12early [5] - 337:20;
352:17; 389:9; 390:20; 497:1
easier [2] - 290:14; 295:5
EAST [1] - 260:5Ed [1] - 292:7effect [1] - 450:18effectively [1] - 344:1effort [2] - 282:3;
376:22EFFORTS [1] - 263:15efforts [1] - 446:12either [11] - 325:24;
333:9; 363:10; 364:14; 367:11; 440:13; 454:8; 485:15; 486:1; 493:11, 22
elected [3] - 318:18, 21; 470:18
election [1] - 337:22elective [1] - 481:10electronic [2] -
495:17; 498:8electronically [4] -
319:24; 378:8; 437:8; 438:24
Elkins [5] - 276:11; 277:7, 23; 278:17; 281:18
email [49] - 320:2; 333:10, 23; 334:3; 345:4, 6; 360:14; 361:1; 401:15; 406:21, 24; 428:17; 434:7, 10; 435:1, 4, 6; 438:25; 439:2, 5; 448:13; 449:16, 18, 20, 25; 450:4, 16; 451:5; 457:1, 6, 8; 485:25; 486:2; 492:4, 8-9, 12; 493:23; 494:1, 10, 19; 495:7, 13, 18, 20
emailed [9] - 306:6;
9
332:24; 345:1; 359:24; 406:20; 440:22; 485:25; 492:18; 494:2
emailing [1] - 457:16emails [8] - 332:23;
340:11; 360:25; 368:12; 427:7; 428:9; 429:2; 450:4
emphasis [1] - 338:2emphasized [3] -
343:19; 344:11; 354:23
employee [2] - 279:7; 472:8
end [10] - 309:25; 311:17; 317:10; 320:9; 323:15; 333:18, 21; 450:5; 473:8, 10
ended [1] - 334:24enforcement [2] -
337:20, 24engineering [1] -
302:25Engineering [4] -
303:1, 15-16, 22Engineers [1] - 315:25English [1] - 446:23enhancement [1] -
426:19entail [1] - 337:14enter [1] - 281:20entire [7] - 341:5;
438:22; 466:7; 467:6; 478:18; 492:5; 497:24
entirely [1] - 431:17entirety [10] - 373:13;
459:5; 460:22; 464:11, 15; 467:18, 22, 25; 469:3; 473:4
entitled [2] - 324:4; 376:6
enunciated [1] - 277:7envelope [3] - 343:24;
344:24; 457:14Environmental [1] -
337:21environmental [4] -
314:23; 337:15, 17; 471:2
equal [1] - 381:4era [1] - 492:17ERIK [4] - 259:10;
260:12; 261:2; 263:2Erik [1] - 340:6error [1] - 270:22errors [1] - 270:20essence [2] - 371:13;
469:11essentially [2] - 397:6;
482:17establish [11] - 275:4;
276:2; 278:24; 279:14, 20, 22, 25; 280:1; 288:24; 344:5; 394:17
estimate [3] - 328:1, 8; 340:16
et [2] - 280:21; 394:15Ethel [1] - 298:20evaluate [1] - 335:4evaluated [2] - 335:7,
18evaluation [2] -
376:11; 452:17evening [2] - 287:3;
397:21event [1] - 279:4events [1] - 333:24eventually [1] - 339:6evidence [36] -
271:22, 25; 273:6; 274:21; 283:19; 285:12, 17; 287:20; 289:15; 290:14; 294:25; 296:22; 302:8, 17; 341:15; 373:11; 377:14, 25; 385:17; 387:25; 388:4, 8; 389:24; 393:19; 394:8; 395:3; 396:11, 14, 16; 432:19, 24; 434:16, 20; 435:12, 16
EVIDENCE [1] - 263:5Evidence [9] - 272:3;
275:14, 19; 276:22, 24; 278:9; 280:11; 332:11; 477:18
evident [1] - 374:12evolved [2] - 486:2;
494:4ex [360] - 264:23, 25;
265:7, 15, 19, 24; 266:6, 18; 267:2, 9; 268:25; 269:13; 271:16; 273:10, 19, 21; 274:8; 279:21; 283:2; 288:13; 290:25; 291:1; 292:6; 293:6, 9; 294:18; 296:5, 17; 297:8, 17; 298:10, 19; 299:4, 9, 21; 301:16; 304:3, 10; 305:23; 307:8, 16; 308:1, 8, 13, 18, 24;
309:1, 9, 11, 13, 23; 310:4, 6-8, 12, 20, 23; 311:2, 16; 312:8, 16, 23-24; 313:2; 314:6, 13; 315:14, 19-20; 319:20; 325:7, 13, 15-16, 18, 21, 23; 326:7; 327:3, 23; 328:9; 329:2, 4, 6, 12, 19, 21; 330:2, 9, 16, 19, 23; 331:11, 17, 23; 332:6, 16; 333:8; 334:20; 335:8, 19; 338:4, 12; 339:14, 20, 22; 340:14; 342:9, 17, 19, 25; 343:17; 344:13, 17, 23; 345:2; 346:7, 12, 16, 21, 24; 347:15; 348:3, 10, 21; 349:5, 7, 14; 350:23, 25; 352:8, 13; 354:8; 355:2, 5, 7, 13; 356:1, 13, 23; 357:9, 11; 358:7, 13, 18; 359:1, 7, 20; 360:7, 21, 23; 361:16; 362:4, 9-10, 13, 17, 19, 21, 23; 363:14; 364:19; 365:2, 7, 21; 366:22; 368:13; 374:15; 375:3; 376:19; 377:4, 9; 378:17; 379:11, 15; 380:21; 381:1, 7; 385:10; 388:13; 389:14; 391:6; 392:6; 394:5, 13; 400:9, 13, 24; 401:3; 402:2, 11, 16; 403:2, 7, 11-12; 404:12; 405:2, 11; 406:9; 407:2, 12, 19; 413:5, 20; 417:5, 19; 418:10; 419:7, 17, 20; 420:6; 421:8; 422:9, 16, 20, 25; 423:8, 19, 25; 424:8, 14, 20, 24; 425:4; 429:7, 9, 17, 20; 430:18, 25; 432:13, 17; 433:4, 6-7, 14, 18, 22, 24; 436:2, 5-6, 11; 437:3, 6; 438:6; 440:4, 6, 10, 13, 23; 441:10; 442:5, 22; 443:10, 18; 444:15; 445:5, 12-14; 446:12; 447:9, 14, 17, 22,
24; 448:4, 12; 449:12, 15; 450:4; 451:24; 452:20; 453:5, 11, 15; 454:3, 7, 11, 13, 16; 455:1, 8, 18, 22; 456:2, 6, 10, 14; 458:14, 22; 459:13, 21; 460:4, 9, 11; 461:21, 24; 462:12, 15, 22; 463:2; 464:2, 12, 16; 465:17; 466:1, 13, 16; 467:7, 14; 468:21; 469:10; 472:17, 25; 473:19; 474:22; 475:17; 476:1, 17, 22; 477:24; 483:25; 484:6, 14, 22; 485:3, 5; 486:5, 8, 11, 13, 19, 23; 487:11; 488:4, 9, 11, 16, 20; 489:3; 491:12, 19-20, 23-24; 492:8; 496:21
Ex [1] - 396:1exact [7] - 308:6;
340:13, 20; 355:24; 463:18; 489:20
exactly [12] - 271:6; 354:19; 365:9, 25; 387:21; 415:21; 448:22; 461:4; 465:22; 466:8; 468:11; 469:14
EXAMINATION [25] - 261:10-12, 15, 17-18, 20-24; 262:2; 264:18; 302:22; 313:22; 318:7; 337:2; 354:1; 368:8; 384:9; 445:2; 456:20; 474:16; 478:5; 481:1
examination [6] - 271:20; 301:7; 302:19; 345:22; 384:4; 414:6
examine [2] - 285:16; 318:4
examined [5] - 277:4; 317:23; 332:7; 336:18; 480:17
examining [1] - 387:16
example [6] - 270:21; 288:5; 299:14; 377:11; 476:5, 12
examples [1] - 360:7exceed [1] - 497:17
excellent [1] - 496:19exception [17] -
276:17; 277:6, 20; 278:13, 17; 281:16; 283:18; 329:11; 333:12; 373:17, 21; 386:20; 452:5; 461:6; 476:7, 18
exceptions [1] - 276:15
excepts [1] - 281:18excerpt [1] - 448:20exchange [1] - 361:2exclude [1] - 267:10excuse [3] - 417:18;
455:9excused [3] - 367:24;
480:10; 496:6executive [11] -
271:13; 334:22; 335:4, 17, 25; 379:14; 457:13; 472:9; 486:3; 492:11; 494:19
[email protected] [6] - 449:13, 16; 450:1, 17; 486:4; 494:10
[email protected] [1] - 448:14
exhaust [1] - 324:3exhaustion [4] -
321:22; 322:15; 323:15; 483:11
Exhibit [282] - 271:18; 273:4; 274:21; 282:1, 14; 284:22; 285:22; 286:8, 10, 17; 287:20; 288:3, 13; 289:9; 290:6; 291:14, 21; 293:3, 12, 24; 294:12, 14, 23; 295:3, 19, 22; 296:1, 3-4, 9, 11, 15, 21-23; 298:17; 299:18, 24-25; 300:1, 5, 7, 15; 302:7; 308:10; 311:5, 20, 24; 342:3, 5, 15, 18, 24; 343:8; 346:4, 20; 347:6; 350:2, 18; 351:10; 357:7, 23; 366:10, 16; 368:16, 18-19, 24; 369:4, 10, 12, 19, 21; 370:4, 13, 20; 371:23; 372:6, 14, 21; 373:13; 377:14, 20, 24;
10
381:14, 16-18; 384:13, 15; 385:17; 387:6; 388:3, 7; 389:19, 23; 392:24; 393:20; 395:2, 6, 9-10; 396:11, 15; 398:3, 12, 22; 399:1, 4, 25; 400:4, 7; 402:14, 17; 403:4, 9, 11, 15, 20, 25; 404:1, 6-7, 9, 17, 25; 405:14, 25; 406:3, 14; 407:3, 16-17, 20, 23; 408:1, 4, 16-17; 409:9; 411:18, 21; 412:2, 13; 414:20; 416:25; 417:16; 418:5, 7, 10; 419:3, 10, 23; 420:3, 11, 13; 421:3, 5, 15; 422:22; 423:12; 424:11; 425:7, 12, 14; 426:7; 427:4; 429:6, 22, 24; 430:14, 17; 431:13; 432:6; 433:3, 9, 12, 20; 434:2, 4, 10, 16, 19; 435:12, 15, 19-21, 25; 436:8, 17; 437:14, 25; 438:14; 439:15, 18; 440:24; 443:4, 6, 10; 444:4, 6-7, 16; 448:25; 449:2, 6, 9; 450:20, 23; 451:12, 14, 17; 452:20; 453:3, 6, 10, 14, 16, 25; 455:17, 19, 22-23; 456:1, 5, 9, 13, 23; 457:20; 458:15, 23; 459:9, 22-23, 25; 460:2, 5, 7, 20; 461:1, 12, 18-19, 22; 462:12; 463:5, 7; 464:5, 7, 17; 465:18; 466:2, 16; 467:12, 15; 469:5; 472:15, 18; 474:18, 20; 476:12; 479:1, 15, 19, 23; 494:15; 497:18
exhibit [30] - 272:7; 283:8; 301:1; 308:12; 369:18; 372:15; 384:12; 386:6; 387:10; 398:24; 399:7; 401:7, 10, 19-20; 402:10; 434:22; 436:15; 437:1; 439:16; 444:7, 10; 448:18, 20; 460:10;
497:22; 498:1, 16; 499:22
EXHIBITS [3] - 263:5, 16
Exhibits [6] - 409:22; 410:5, 17; 411:5; 431:24; 473:20
exhibits [14] - 271:21; 282:16; 284:12, 14, 17, 19; 295:21; 302:17; 386:23; 387:22; 424:21; 429:23; 460:9; 498:15
existed [1] - 279:24existence [2] - 279:14;
447:22existing [1] - 295:21expansion [1] -
391:15expect [6] - 323:19,
24; 324:17, 22, 24; 325:2
expectations [1] - 497:17
experience [8] - 269:15; 274:7; 299:2, 8; 314:1, 8; 378:20; 491:15
explain [2] - 365:11; 391:16
explained [1] - 390:18explains [1] - 269:2explanatory [1] -
391:10explore [1] - 473:15exposed [2] - 364:20,
23express [7] - 334:12;
375:5, 18; 447:18, 25; 483:25; 484:3
expressed [2] - 298:25; 299:9
extent [3] - 279:25; 337:22; 375:9
extremely [1] - 468:11eyes [2] - 405:19;
487:7
Fface [2] - 281:17;
444:8fact [10] - 279:24;
307:7; 309:1; 331:22; 340:19; 353:8; 418:9; 425:7; 443:18; 478:13
facts [1] - 410:11fail [1] - 281:20
failure [2] - 324:3; 344:9
fair [7] - 315:19; 354:12; 363:4; 452:17; 465:9; 482:13; 493:21
fall [1] - 340:17false [1] - 426:4familiar [4] - 286:1;
338:19, 21; 399:15far [8] - 273:10;
287:10; 308:22; 364:7; 365:13; 375:12; 445:9; 490:8
fashion [1] - 271:24fast [2] - 383:14; 427:9fault [1] - 414:3faulty [1] - 376:23fax [7] - 332:16, 21;
333:4; 392:4; 493:8, 10, 13
faxed [2] - 332:18, 24February [7] - 264:1;
383:1; 394:12; 412:4, 15; 499:9, 14
FEBRUARY [4] - 259:16; 261:5; 263:3
FedEx [2] - 493:2, 6fee [1] - 499:22fell [1] - 488:17felt [4] - 344:4; 353:4,
13; 365:11few [10] - 313:21;
332:23; 344:20; 362:16; 365:7; 390:20; 391:7; 471:13; 478:8; 482:15
fewer [1] - 330:3field [1] - 381:5figure [4] - 277:19;
301:19; 336:4; 479:8file [19] - 293:10;
320:15, 22; 331:9; 377:12; 379:16; 405:11, 14; 415:6; 429:10, 18; 430:18; 438:10; 442:1; 458:7; 472:7; 488:25; 489:7
filed [2] - 334:5; 394:12
files [5] - 272:12; 379:21; 380:15; 415:5; 483:2
fill [2] - 470:11film [1] - 451:18final [1] - 370:20financial [1] - 316:15fine [3] - 286:15;
301:23; 356:19finger [2] - 290:9;
374:6fingertips [1] - 277:1finish [4] - 312:20;
398:8; 423:23; 464:14
finished [2] - 350:18; 465:1
firms [1] - 380:4first [36] - 268:18;
272:21; 273:4; 277:11; 279:11; 285:6; 291:11; 304:13; 305:19, 22; 306:18, 23; 307:9; 317:22; 321:25; 326:7; 334:3; 336:17; 369:9, 19; 371:19; 372:20; 376:10; 420:21; 424:19; 433:21; 434:9; 451:22; 454:19; 457:11; 466:11; 470:12; 477:15; 480:16
firstly [1] - 410:22fit [1] - 286:23five [10] - 353:17;
383:14; 430:24; 470:1; 471:9; 488:1; 493:4
five-day [2] - 430:24flat [1] - 316:8flexible [1] - 497:6flipped [1] - 306:11flow [1] - 335:23focus [2] - 267:19;
268:7focused [1] - 293:11folks [2] - 264:4;
489:13follow [16] - 288:10;
340:12; 360:15; 367:17; 392:25; 406:17; 413:20; 430:4, 6, 19, 21-22; 431:2, 6; 435:4; 447:4
follow-up [11] - 340:12; 360:15; 430:4, 6, 19, 21-22; 431:2, 6; 435:4; 447:4
followed [3] - 343:22; 356:2; 414:18
following [12] - 266:22; 310:16; 331:11; 410:15; 412:9; 415:4;
418:16; 430:9; 438:6, 11; 441:10; 451:3
follows [8] - 264:14; 298:2; 317:23; 336:18; 368:7; 384:8; 431:8; 480:17
football [2] - 397:9, 11FOR [4] - 259:2;
260:2, 12, 19foregoing [1] - 499:11foreign [1] - 465:7foreshortened [1] -
371:14forgot [2] - 332:10;
346:10forgotten [1] - 383:24form [40] - 273:11,
13-15, 19, 25; 288:13; 292:15, 24-25; 293:6, 18; 294:18; 295:8; 296:5; 297:8, 17; 346:7; 355:14; 401:11; 402:10; 403:2; 408:12, 20; 414:11, 21; 417:22; 436:5; 453:12; 454:20; 455:5, 7, 12; 456:9; 457:17; 462:15; 485:10, 12; 491:25
formal [1] - 287:1format [2] - 482:10;
485:6forms [16] - 283:2;
309:11, 20; 310:5, 20; 313:24; 314:2, 8; 331:4; 354:8, 24; 355:2; 377:4; 379:11; 404:13
formulate [1] - 325:1forth [2] - 362:25;
450:11forward [12] - 312:14;
317:15; 336:14; 386:5; 424:17; 425:18; 428:2, 6, 9; 470:13, 18, 20
forwarded [8] - 402:24; 428:14, 16; 429:2; 439:8, 11; 441:8
foul [1] - 440:8foundation [18] -
271:24; 272:10; 275:1, 4; 278:22; 281:15; 282:2, 4; 283:14; 284:4, 7; 287:24; 289:17;
11
348:13; 386:25; 411:8
four [12] - 351:9; 365:8; 384:13; 388:3; 395:20; 403:8, 12; 404:6; 430:23; 471:9; 473:13; 496:21
fourth [1] - 496:10FPPC [1] - 303:20fragments [1] - 379:6frame [1] - 387:3Francisco [1] - 276:6Frank [7] - 317:8;
336:15, 21; 432:14; 453:20; 461:4; 474:23
FRANK [2] - 261:16; 336:16
free [4] - 289:23; 290:17; 367:17; 369:3
frequently [6] - 270:7; 274:16; 308:2; 309:11, 14, 17
friendly [6] - 264:16; 277:15; 289:23; 327:18; 444:22, 25
friends [2] - 370:22; 405:20
Friends [1] - 372:17frightened [1] - 459:8front [18] - 280:7;
282:14; 285:3; 291:9, 15; 311:6; 342:4; 357:8, 23; 366:14, 17; 367:1, 8; 449:5; 466:5; 469:16; 484:3
full [7] - 317:24; 336:19; 341:10, 13; 487:19; 488:4; 499:12
fully [3] - 355:2; 380:21; 381:10
fun [1] - 427:2function [1] - 495:13furious [1] - 427:9FURTHER [2] -
261:24; 478:5future [2] - 383:19;
497:4fuzzy [1] - 354:11
Ggame [2] - 397:9, 11GARY [1] - 260:21gates [1] - 353:15general [18] - 274:2;
277:22; 280:4; 362:9; 364:8; 443:14; 445:4, 18; 482:8; 484:7; 485:1, 18; 488:7, 13, 18; 490:4; 492:7; 493:25
GENERAL [1] - 260:14generalist [1] - 446:3generally [20] - 265:1;
284:19; 287:4; 303:6; 316:22; 338:6; 482:14, 16, 25; 484:16, 20; 485:11, 15; 486:10; 487:9; 488:21; 489:17; 491:17, 21, 25
generated [1] - 293:4given [11] - 302:18;
309:6; 325:16; 335:25; 380:11; 393:2; 402:3, 11; 420:20; 428:18; 475:5
glad [1] - 460:10glean [1] - 468:3glorious [1] - 426:18golf [1] - 409:20goodness [1] - 459:6gosh [2] - 443:11;
457:10governing [1] - 307:25Government [1] -
499:21government [2] -
322:21; 344:10Governor [3] - 471:8,
12; 481:24Governor's [1] -
470:16granted [1] - 340:25graphic [1] - 298:1Gray [1] - 481:24Gregory [1] - 352:1ground [1] - 341:5grounds [3] - 274:25;
341:13; 363:11group [1] - 471:2GROUP [1] - 260:20grueling [1] - 328:18guess [2] - 276:16;
365:24GUILD [1] - 260:7guilty [1] - 443:1guys [1] - 418:18
Hhalf [6] - 348:17;
382:1; 415:16;
438:16, 18, 21hall [1] - 383:5Hamilton [1] - 369:17hand [3] - 279:1;
391:8; 485:16handed [5] - 305:25;
309:22; 345:10; 349:1; 359:17
handful [1] - 362:19handle [1] - 387:22handled [3] - 308:5, 9;
377:9handling [1] - 335:8hands [2] - 386:2;
402:4handy [1] - 278:4hang [2] - 293:15;
442:2happy [3] - 272:18;
275:7; 497:7hard [11] - 281:22;
284:6; 345:11; 349:1; 358:2; 406:17; 411:24; 413:21; 445:16; 466:13
head [1] - 415:17headquarters [1] -
441:25hear [10] - 270:19;
285:15; 307:11; 311:18; 315:22; 321:25; 324:9; 407:8; 446:15; 497:8
heard [22] - 274:11; 285:24; 311:2; 313:5; 315:1, 10; 321:22; 323:14; 334:11, 24; 338:3; 339:18; 379:13, 22; 411:2; 449:18, 25; 457:2; 473:13; 480:3; 483:10, 18
hearing [47] - 265:2; 266:23; 269:5; 270:3, 23; 271:2; 313:2, 6-7, 11-14; 329:20; 339:7, 9, 11, 15; 344:20; 345:11, 13, 22; 348:25; 363:11; 364:5; 365:12; 374:13; 389:1; 399:6; 412:23, 25; 417:2, 6; 448:6; 451:4; 463:23, 25; 464:1; 469:17; 484:10; 486:7, 15; 488:24; 490:25; 491:9
hearings [1] - 307:11
hearsay [18] - 276:13; 277:7; 278:12; 281:16, 20; 335:9, 12; 341:14; 373:15, 17, 22; 377:17; 386:12, 18; 393:23
heavily [3] - 343:16, 19
height [1] - 343:25held [4] - 318:18, 22;
481:10; 499:9hello [1] - 423:5help [14] - 266:12;
268:11; 282:16, 20; 290:8; 341:24; 366:11; 415:13; 435:22; 469:23; 472:11; 494:18
helping [1] - 440:17hereby [1] - 499:7herself [1] - 356:22history [1] - 446:23hit [2] - 428:21; 458:6hold [6] - 318:24;
339:25; 394:6, 9; 428:12; 498:3
home [1] - 408:8HON [1] - 259:4Honor [140] - 264:5-8,
17; 269:9; 271:19; 273:2; 275:3, 10; 276:1, 18; 277:25; 278:5; 279:9; 280:6, 8, 10, 12; 281:7; 282:12; 283:16; 284:11; 285:13, 19; 287:19; 288:11, 18, 20; 289:14; 290:2, 13; 291:23; 294:24; 300:11, 25; 302:2, 15, 19; 313:21; 317:1, 3, 6; 318:6; 321:11; 322:2, 11; 323:6; 324:7, 11, 13; 327:7; 332:10, 25; 336:11; 340:23; 341:4, 9; 353:22; 357:16, 19, 22; 366:1, 6, 8, 11, 16, 23; 367:9, 21, 23, 25; 368:21; 370:16; 371:7, 16; 372:1, 23; 373:10, 14; 375:8, 14; 377:13, 16; 378:1; 380:8; 383:7, 10; 384:2, 5; 385:16; 386:13, 23; 387:4; 389:17, 21; 391:19; 392:7, 10; 393:18, 21; 394:7; 396:10,
13; 400:19; 404:18; 407:5; 410:9, 22; 411:2; 416:10; 422:4; 424:3; 434:15; 435:11; 443:3, 23, 25; 444:18; 445:1, 21; 446:20; 447:2, 6; 456:17; 461:14; 474:11, 15; 477:14; 478:2; 479:24; 480:14; 495:23; 496:5, 14, 18, 23; 497:9, 14
Hoover [1] - 481:19Hope [1] - 393:6hope [3] - 445:22;
493:12; 496:12hoping [2] - 276:7;
281:7hotel [3] - 287:5;
396:21, 23hour [1] - 348:17hourly [1] - 316:17hours [1] - 287:4house [5] - 396:18,
22; 397:12, 25; 496:20
housekeeping [1] - 496:17
HOWELL [4] - 259:10; 260:12; 261:3; 263:2
Howell [19] - 339:17, 21; 340:6, 15, 17, 21; 342:8, 20, 25; 344:11, 17, 22; 346:11, 16; 348:8; 349:10; 366:21; 374:19
Humboldt [1] - 470:14hundreds [3] - 404:20;
490:22; 491:10Huntington [2] -
286:6; 456:6hyperlinks [2] - 482:6,
12
IIdaho [1] - 303:9idea [13] - 310:3;
379:10; 409:8, 23; 410:5; 415:7; 416:7, 16; 417:9; 441:24; 463:19; 489:6
ideas [1] - 410:16identical [11] - 292:13;
295:22; 297:9; 308:17, 21; 309:1; 310:5, 13, 19; 311:1;
12
475:11identification [1] -
275:5identified [6] - 391:13;
410:23; 431:11; 432:3; 435:23; 457:7
identify [6] - 289:1; 376:14; 431:11; 463:14; 465:22; 475:22
IF [1] - 263:18ignore [1] - 391:19image [1] - 291:17immediately [1] -
377:7impact [1] - 353:6imparted [1] - 395:1impeaching [2] -
368:25; 392:11impeachment [4] -
371:10; 380:11; 392:14; 410:24
important [4] - 343:21; 344:4; 353:16; 383:17
importantly [1] - 387:23
impossible [2] - 463:13; 465:21
imprecise [3] - 306:4; 440:16; 442:14
impression [3] - 266:21; 312:11; 376:5
improper [1] - 410:24improvement [1] -
428:24IN [3] - 259:1; 263:5inaccurate [1] -
399:19inadmissible [1] -
276:14inasmuch [2] -
341:17; 377:19inception [1] - 283:19INCLUDE [1] - 263:16include [6] - 293:12;
476:23; 477:7, 25; 490:15; 491:12
included [8] - 398:12; 399:4, 10, 12; 405:6; 454:23; 476:25
includes [2] - 438:7; 481:17
including [2] - 395:5; 488:16
inconsistent [2] - 371:19
incorrect [1] - 465:24increment [1] - 383:18
indeed [1] - 465:14independent [7] -
283:3; 319:19; 354:18, 21; 355:16, 21; 359:14
independently [4] - 309:7; 359:25; 371:23; 372:6
INDEX [2] - 261:7; 263:15
indicate [1] - 317:8indicated [3] - 279:5;
388:9; 422:17indicates [1] - 347:6individual [3] -
315:22; 319:19; 471:1
individuals [3] - 297:19; 298:25; 309:19
indulgence [2] - 389:18; 393:19
inform [3] - 265:6, 14, 18
information [94] - 264:24; 265:1; 266:22; 267:7; 269:4; 273:22; 279:4; 292:23; 305:9; 307:13; 309:4, 6; 310:17; 315:20; 319:13, 16; 320:14, 18, 21; 322:19; 325:15; 345:25; 362:25; 363:5, 8, 13, 15; 364:17, 19; 365:4, 19, 22; 372:18; 378:22; 379:4; 381:4; 387:11; 392:3; 402:24; 428:18, 20; 437:22; 441:8; 445:10; 447:19; 448:1, 3, 5; 451:7, 9; 452:18; 453:19, 21-22; 454:6; 457:14; 458:5, 25; 459:22; 460:1, 6; 461:1, 11; 462:10, 17-18; 463:1, 4, 6; 464:2, 18; 466:12, 20-21; 473:1; 474:21; 475:15, 18, 24-25; 476:7, 22; 477:6, 23; 482:3; 489:4; 490:2; 491:3, 11
informed [1] - 379:17initiating [2] - 361:16;
362:4
initiatives [1] - 337:23injury [1] - 446:2input [1] - 301:16inquire [1] - 337:1instance [3] - 391:5,
18; 476:5instances [2] -
264:24; 360:3instead [4] - 265:10;
266:4; 267:23; 305:8intelligently [1] -
365:11intend [1] - 439:20intended [3] - 278:3;
283:1; 498:15intent [2] - 266:22;
462:23intention [2] - 269:3;
404:15interaction [1] -
430:24interest [6] - 314:5;
337:15; 453:24; 460:14; 461:7; 476:9
INTEREST [1] - 260:7interested [7] - 306:8;
319:20; 415:18; 440:11; 446:13; 459:12; 478:14
interlineate [1] - 498:5internal [1] - 499:23interpretation [4] -
344:6; 351:17; 353:6; 463:24
interrupt [3] - 289:23; 458:12; 497:7
interrupted [1] - 336:9interruption [1] -
269:8intervening [1] -
461:16interview [1] - 471:8interviewed [2] -
471:10introduce [2] - 272:13;
274:21introduced [1] -
271:25introduction [2] -
420:19, 21Investment [1] -
481:18invite [1] - 272:6invited [1] - 409:5involved [6] - 315:2;
356:24; 358:16; 447:24; 457:12; 470:22
involving [1] - 314:13irregularity [1] -
397:25isolate [1] - 340:13issue [22] - 269:1;
270:14, 16, 18; 313:9; 334:19; 339:8, 10; 344:6; 347:16; 350:14; 353:3; 365:9; 394:19, 21-22; 441:13; 446:25; 483:19; 496:14
issued [1] - 275:21issues [8] - 302:18;
308:5; 309:6; 312:13; 323:9; 354:10, 19; 365:10
IT [1] - 400:2Item [4] - 350:11;
394:11; 396:1; 436:15
item [22] - 270:1, 19, 21; 285:23; 299:21; 306:9; 314:6; 330:12; 343:21; 409:4; 412:25; 417:2; 425:8; 445:17; 460:14; 461:6; 482:18; 484:14; 486:7, 18; 487:15; 488:24
Items [2] - 342:23; 343:3
items [22] - 269:16; 270:7, 11; 271:9; 307:11; 308:3; 319:22; 320:12; 343:4, 10, 13; 347:21; 350:5, 10; 351:9; 352:24; 380:24; 387:9; 483:3; 489:23; 491:9; 492:9
iteration [1] - 468:17iterations [2] - 489:22;
490:24itself [2] - 269:20;
293:13
JJacobs [17] - 264:15;
267:15; 269:7; 282:17; 301:6, 9, 24; 302:20; 324:2; 327:17; 345:24; 373:20; 435:22; 444:24; 446:10; 456:25; 474:14
JACOBS [188] - 260:14; 261:11, 13,
19, 22, 24; 264:6, 17, 19; 266:14; 267:16; 269:9; 271:19; 272:4, 11, 18, 24; 273:1, 3, 7-8; 274:20; 275:3; 276:1, 6, 18, 21, 25; 277:5, 8, 12, 17, 25; 278:3, 8; 279:9, 18; 280:6, 12; 281:7, 24; 282:5, 8, 11, 22, 25; 283:11, 16, 24; 284:11, 22; 285:2, 5, 13, 19, 21; 287:19; 288:2, 10, 18, 20-21, 23; 289:7, 14; 290:2, 4, 13, 22; 291:11, 13, 23; 292:3, 20, 22; 294:24; 295:1, 25; 296:2, 14; 297:14; 298:13; 300:1, 4, 11, 14, 17, 19-20, 25; 301:10; 302:2, 12; 307:19, 24; 312:4; 313:21, 23; 317:1; 321:10; 322:24; 323:8; 324:1, 7, 11; 335:9, 12; 336:11; 338:7; 340:23; 341:2, 4, 9, 12; 348:13; 350:6; 351:6; 354:2; 357:19; 358:1; 360:2; 363:21, 24; 364:1; 366:1, 5; 367:23; 370:6; 371:9; 373:14; 375:8, 14, 21; 376:1; 377:16; 380:10; 383:10, 13, 16, 19, 24; 384:2; 386:12, 15, 22; 389:21; 390:5; 392:10; 393:21; 394:7; 396:13; 404:18; 410:9, 22; 411:1, 8; 416:10; 434:17; 435:13; 443:25; 445:1, 3, 20; 446:19; 447:1, 6-7; 448:25; 449:4; 456:17; 461:14; 471:16; 474:15, 17; 477:13, 19, 21; 478:2; 479:24; 490:17; 496:17; 497:5, 9
January [7] - 268:18; 273:11; 320:8; 368:13; 403:16; 404:4
Jeff [2] - 486:1; 492:10
13
Jennifer [1] - 369:16Jeri [1] - 294:22job [7] - 314:1, 4;
315:21; 378:24; 379:1; 452:14, 16
Joel [1] - 317:16JOEL [1] - 260:14journal [1] - 387:20judge [2] - 301:14;
376:24judges [1] - 285:11judicial [2] - 279:17;
439:19Julie [1] - 369:16July [3] - 355:25;
358:8; 379:10jumped [1] - 437:23June [4] - 419:17;
424:18; 425:20; 426:4
JUSTICE [1] - 260:13
KKAUFMAN [1] -
260:20Keane [3] - 338:20,
22, 25KEANE [1] - 338:25keen [1] - 496:8keep [1] - 496:23Kellogg [2] - 302:6, 9kept [3] - 283:25;
399:16; 496:19kind [12] - 334:17;
368:17; 450:18; 451:7; 452:13; 453:1; 465:7; 471:2; 478:15; 483:18; 486:24
kindly [2] - 317:15; 336:14
Kinsey [4] - 350:24; 351:1, 19; 374:20
KINSEY [4] - 259:10; 260:12; 261:2; 263:2
knowing [3] - 319:25; 418:20; 443:2
knowingly [1] - 477:9knowledge [1] -
289:21known [4] - 338:19;
379:6; 399:19, 22Kochis [3] - 294:22;
295:11, 14
LL.A [1] - 376:18lack [6] - 275:1;
287:23; 289:17; 324:6; 428:24; 482:10
lacking [2] - 289:4; 439:18
ladies [1] - 278:6laid [3] - 271:24;
278:21; 386:25land [2] - 337:21;
465:7landlord's [1] - 361:6landowner [1] - 476:9language [3] - 278:11;
388:11; 463:15large [1] - 293:5last [21] - 309:18;
317:25; 333:21; 336:20; 348:11; 349:24; 351:4; 353:17; 370:5; 375:15; 387:17, 19; 426:14; 431:4; 452:12; 457:12; 472:22; 478:8; 482:15; 490:2; 498:8
last-minute [1] - 490:2lasted [3] - 340:9, 15;
356:15late [3] - 355:25;
401:4; 421:12LAUREN [1] - 260:15Lauren [1] - 298:4law [4] - 337:22,
24-25; 383:18LAW [1] - 260:4lawsuit [6] - 267:10;
334:5; 368:10; 370:22; 441:22
lawyer [2] - 310:12; 483:21
lawyers [1] - 271:6lay [7] - 272:10; 275:2;
282:4; 284:4, 6; 288:1; 289:5
laying [1] - 281:15LCP [6] - 337:20;
344:2, 7; 351:17; 353:6, 8
leading [4] - 339:15; 350:6; 351:6; 477:11
learn [1] - 378:25least [8] - 278:13;
283:8; 301:19; 334:25; 345:5; 397:24; 398:18; 497:17
leave [6] - 317:17, 19; 336:3; 378:12; 381:25; 427:16
left [2] - 423:4; 468:4
legal [4] - 307:19; 321:10; 390:5; 396:4
LEGAL [1] - 260:20Legal [1] - 396:2legalese [1] - 468:10legislature [2] - 327:4,
13length [1] - 340:13less [4] - 340:15;
349:25; 352:7; 356:9letters [7] - 293:9;
299:15; 363:11; 364:22; 380:1, 3; 470:24
letting [1] - 317:13level [1] - 334:19lieu [1] - 396:22life [2] - 318:15light [1] - 461:15likely [5] - 273:15;
313:2; 315:3; 451:2limits [1] - 365:14line [8] - 297:23;
316:23; 323:9; 376:11, 25; 390:17; 467:7; 473:11
lines [13] - 323:7, 11; 327:8; 368:22; 370:17; 371:8, 17; 372:2; 400:20; 407:6; 422:5; 424:4
Lines [4] - 333:1; 380:9; 392:8; 443:24
linked [1] - 288:14linking [1] - 368:23links [1] - 482:19list [9] - 281:11; 283:8;
358:13; 387:10, 14; 451:22; 481:17; 497:22; 498:1
listed [11] - 283:12; 312:9; 342:24; 343:2; 347:14; 350:3, 10; 351:9; 404:21; 418:10; 431:1
listen [8] - 341:20; 445:19; 459:9; 465:10; 479:10, 13, 17, 21
listened [1] - 459:5listening [3] - 352:7;
398:18; 487:19lists [2] - 358:6literally [4] - 309:21;
423:5; 441:12; 489:23
litigated [1] - 314:6litigation [2] - 314:7;
337:16
live [1] - 469:24lobbyist [1] - 484:18lobbyists [2] - 309:12,
20local [1] - 344:10locals [1] - 343:23located [1] - 379:19location [1] - 330:11locked [3] - 401:15;
406:22; 439:6Lois [3] - 497:15;
499:5, 18LOIS [1] - 259:23lois.mason51@
gmail.com [1] - 259:24
look [54] - 268:6; 273:4; 274:1; 277:21; 278:15, 19-20; 280:8; 282:18; 286:13; 290:20; 291:10; 292:13; 294:23; 295:4; 306:7; 311:5; 342:2, 11; 346:3, 20; 350:2, 17; 351:9; 358:9, 13; 362:7; 368:18; 372:13; 376:13; 381:17; 388:17; 398:3; 403:20; 404:16; 405:25; 412:12; 424:11; 429:21; 430:12; 431:8; 433:20; 434:1; 435:18; 452:9; 457:20; 460:19; 461:18; 467:12; 472:15; 474:4; 478:11; 494:16
looked [12] - 308:10; 311:8; 328:6; 340:10; 395:22; 441:16; 458:17, 22; 466:15; 472:24; 473:10; 478:7
looking [19] - 290:7; 305:1; 308:22; 316:20; 346:5; 354:7; 355:1; 370:4, 13; 381:16; 398:22, 25; 402:16; 409:22; 429:11-13; 452:13
looks [6] - 293:15; 294:10; 296:7; 297:8, 18
Loperena [8] - 298:22; 299:22; 311:7, 10; 314:12; 315:6
Los [8] - 303:7; 316:3;
415:15; 416:2, 4, 21; 481:20
MM-c-C-l-u-r-e [1] -
318:2ma'am [10] - 264:9;
267:17; 277:24; 305:4; 317:4; 370:10; 414:1; 445:25; 464:25; 470:5
machine [3] - 427:23; 493:10; 499:8
Madam [5] - 282:14; 322:8; 378:3; 395:4; 480:10
magnifying [1] - 290:19
mail [6] - 332:2; 391:6; 450:6; 492:24; 493:6
mailed [4] - 332:5, 8; 333:13
mailing [4] - 370:9; 390:20; 449:12; 472:14
main [2] - 353:2; 364:9major [1] - 353:11majority [1] - 445:12makers [1] - 351:18Malibu [4] - 338:20,
22; 343:23; 344:25Malibu's [1] - 351:17Maloney [1] - 420:18manage [1] - 479:8managed [1] - 333:25management [1] -
271:11Manerva [1] - 309:18manner [2] - 335:18;
362:18March [2] - 422:17;
423:16margin [1] - 386:9Mark [8] - 313:3, 16;
314:13; 315:1, 7; 480:14, 20
MARK [7] - 259:11; 260:12; 261:3; 262:1; 263:2; 480:15, 21
marked [4] - 374:10; 381:18; 386:7; 494:15
MARKED [1] - 263:17MARTHA [9] - 259:11;
260:12; 261:3, 14, 20; 263:2; 317:21; 368:5; 384:6
14
Martha [3] - 317:7; 318:1; 346:22
Mason [2] - 499:5, 18MASON [1] - 259:23Massara [6] - 313:3,
16; 314:13; 315:1, 7master [1] - 297:20matched [3] - 355:14;
454:20; 455:4material [3] - 321:17;
331:23; 361:16materials [41] -
286:24; 298:1; 306:22; 309:22; 320:5; 321:2, 5, 7, 19; 330:22; 331:1, 12-13; 358:21, 23; 359:9; 360:4, 9, 11; 364:20; 379:19, 22; 380:16, 23; 399:5, 11; 405:6; 483:4, 8; 488:10; 489:15, 18; 490:5, 10, 12, 14, 18; 491:5, 7, 12
matter [28] - 270:1, 25; 279:13; 280:2; 286:4; 288:4; 289:10, 12; 295:12, 14; 296:6; 297:19; 300:15; 314:12; 315:6; 326:8; 329:21; 330:4; 363:16; 365:16; 404:20; 475:10, 24; 479:14, 18, 22; 484:12; 496:17
matters [7] - 274:8; 337:20, 22-23; 386:17; 404:21; 482:23
McCabe [1] - 420:18McClure [41] - 317:7,
15; 318:1, 9; 336:9; 346:8, 22, 25; 347:13; 348:2, 11, 21; 349:6; 350:3, 10, 15; 368:1, 5, 10, 17; 369:23; 370:24; 371:2; 372:11; 374:20; 384:6, 11; 392:23; 395:8; 398:4, 22; 410:14; 434:1; 435:18; 440:2; 444:7; 445:4; 456:22; 473:18; 474:18; 478:7
MCCLURE [7] - 259:11; 260:12; 261:3, 14, 20; 263:2; 317:21
McClure's [1] - 322:9mean [31] - 282:3;
288:16; 294:19; 301:19; 316:17; 322:16; 338:1; 342:8; 353:2; 357:2; 358:8; 359:17; 362:19; 363:22; 364:4, 8; 406:19; 413:18; 431:6; 440:2, 20; 482:25; 484:8, 17; 487:16; 488:7; 489:6; 495:4, 9
meaning [3] - 304:21; 337:24; 343:24
means [3] - 413:19; 443:25; 483:14
meant [4] - 275:17; 292:17; 295:24; 325:7
meet [8] - 275:19, 22; 315:18; 324:4; 442:8, 11, 13
meeting [93] - 268:19; 269:17; 270:2, 5; 286:18; 287:1, 8, 10; 293:7; 304:14, 21; 305:11, 19, 21; 306:14, 20, 23; 307:9; 309:12, 25; 310:1; 320:1, 24; 321:1, 4, 7-8, 17, 20; 325:17, 24; 326:2; 328:20; 329:16; 330:3, 6, 16, 23; 352:20; 355:21; 356:3; 389:6; 393:3; 395:21; 396:19; 397:2; 408:7, 9-10; 409:5; 411:14; 414:16; 415:4, 12, 15; 417:12; 418:16; 423:4; 437:13; 441:5-7; 442:6, 12, 17-18, 22; 446:14; 447:15; 453:22; 454:8, 13; 455:2; 457:24; 462:14; 466:5; 469:11; 475:8; 484:14; 485:4; 486:12; 487:14; 489:5, 19; 490:1, 6-7; 493:19
meetings [30] - 287:4; 304:10; 309:23; 310:4, 21, 23, 25; 319:21; 320:17; 326:12, 19; 328:13, 17; 355:9; 395:11;
399:16; 404:13; 409:24; 410:7, 19; 411:6; 442:15; 445:15; 464:3; 482:2; 483:6; 487:6; 489:16; 493:24
meets [1] - 343:24member [3] - 337:10;
379:14; 471:3members [10] - 308:4;
323:19, 23; 324:16, 22; 325:2; 381:6, 10; 483:24; 484:17
memo [12] - 381:19; 389:11; 390:13, 24; 391:13; 392:18; 449:19, 24; 450:3, 18; 457:7; 494:22
memorable [1] - 495:4memorandum [3] -
268:3; 448:11; 449:15
memory [6] - 328:4; 354:11; 368:15; 402:7; 409:14; 452:22
Mendocino [1] - 470:14
mental [1] - 376:5mention [1] - 418:25mentioned [4] - 265:8;
344:15; 350:4; 356:23
mercy [1] - 446:6merit [1] - 324:6Mesa [1] - 270:15mess [1] - 386:11message [3] - 266:25;
427:21messages [4] -
427:12, 16, 25; 428:2
met [7] - 306:9; 418:18; 420:17; 423:4; 442:13; 458:2, 4
mic [56] - 265:10; 266:4, 6; 267:23; 269:2; 310:25; 325:14; 331:21; 400:13; 405:9; 406:12; 408:14; 411:13, 23, 25; 412:9; 413:15; 414:17; 421:11; 432:23; 445:14, 17; 447:11; 451:6, 10, 14, 17; 452:4; 453:8, 12, 17-18, 21; 454:2, 14, 24; 455:3, 20,
24; 456:3, 7, 11, 15; 457:22; 459:7; 462:11, 16; 476:4; 478:25; 479:8; 486:15
middle [3] - 355:22; 389:4; 449:11
midmorning [1] - 336:4
midnight [1] - 489:23might [6] - 282:22;
290:14; 306:10; 341:9; 383:10; 424:22
mild [2] - 392:12, 14miles [3] - 353:13;
408:8; 442:10Miller [1] - 492:9mind [13] - 268:10;
279:19; 280:8; 305:3; 315:6; 325:3; 379:2; 386:16; 393:22; 439:19; 474:3; 476:18; 496:24
minds [2] - 324:23mine [6] - 266:5;
298:15; 309:8; 316:19; 356:17; 479:11
minor [2] - 353:9, 16minute [3] - 372:19;
373:5; 490:2MINUTES [1] - 263:18minutes [23] - 283:14;
332:14; 336:6; 340:16; 341:1, 3; 344:21; 349:24; 351:4; 356:9; 363:12; 365:7; 383:14, 17; 395:10, 14, 16, 19; 444:21; 465:1
misheard [1] - 281:2misread [1] - 283:4miss [2] - 481:16;
487:16missed [2] - 487:10,
13missing [5] - 289:2;
333:24; 347:25; 351:11; 483:8
misspoke [2] - 347:2, 6
misunderstood [1] - 306:2
Mitchell [16] - 264:20; 285:22; 288:22; 289:9; 290:5; 291:14; 292:4;
295:2; 301:11; 302:8, 24; 306:18; 313:24; 326:15; 349:15; 350:5
MITCHELL [7] - 259:11; 260:12, 19; 261:3, 10; 263:2; 264:12
Moby [1] - 463:18modify [2] - 377:3;
485:17moment [8] - 277:13;
282:22; 291:4; 366:20; 405:20; 419:25; 425:6; 475:7
Monday [3] - 356:10, 16; 415:20
money [2] - 316:5, 21Monica [1] - 408:8MONIQUE [1] - 260:8monitor [1] - 305:2month [15] - 267:20,
24; 302:24; 303:5, 10, 15, 22, 24-25; 315:25; 316:6; 389:6; 466:10; 491:9
monthly [1] - 316:7months [7] - 403:8,
12; 404:6; 471:13; 472:22; 478:8
morning [15] - 264:4-8, 20-21; 318:9; 337:4; 345:11; 352:16; 354:3; 386:23; 387:14
morphed [1] - 482:15most [7] - 266:5;
268:25; 284:18; 331:21; 353:13; 447:8; 492:20
mostly [1] - 337:15motion [5] - 340:25;
341:10, 12; 366:3move [15] - 287:19;
289:14; 294:3; 340:23; 366:1; 373:11; 377:14; 385:16, 21; 389:18; 393:19; 396:10; 434:15; 435:11; 439:16
moved [2] - 269:16; 473:3
moving [3] - 291:12; 302:12; 341:4
MR [405] - 261:11-13, 15, 18-19, 21-25; 262:2; 264:5, 17, 19; 266:14; 267:16;
15
269:9; 271:19; 272:4, 11, 18, 24; 273:1, 3, 7-8; 274:12, 20, 24; 275:1, 3, 10, 12, 16, 18; 276:1, 6, 18, 21, 25; 277:5, 8, 12, 17, 25; 278:3, 8; 279:9, 18; 280:6, 10, 12, 18, 23; 281:1, 3, 7, 24; 282:5, 8, 11, 22, 25; 283:11, 16, 24; 284:11, 14, 22; 285:2, 5, 8, 13, 19, 21; 287:19, 21, 23; 288:2, 10, 18, 20-21, 23; 289:7, 14, 17, 20, 25; 290:2, 4, 13, 22; 291:11, 13, 23; 292:3, 20, 22; 294:24; 295:1, 25; 296:2, 14; 297:14; 298:13; 299:25; 300:1, 4, 11, 14, 17, 19-20, 25; 301:10; 302:2, 12, 23; 304:22; 305:1, 14; 306:17; 307:19, 24; 311:12; 312:4, 6; 313:18, 21, 23; 317:1, 3, 6, 12; 318:6, 8; 319:11; 321:10, 13; 322:2, 4, 14, 24; 323:2, 6, 8, 13, 18; 324:1, 7, 11, 13, 20; 327:7, 10, 21; 332:10, 15, 25; 333:3, 7; 335:9, 12, 16; 336:11; 337:3; 338:7, 11; 340:7, 23; 341:2, 4, 9, 12; 342:1, 14; 343:12; 346:2; 347:5, 7, 23; 348:13, 18; 350:6, 16; 351:6, 8; 353:21; 354:2; 357:14, 19; 358:1; 359:12; 360:2; 363:17, 21, 24; 364:1; 366:1, 5, 8, 11, 16, 20, 23; 367:1, 6, 8, 20, 23; 368:9, 21; 369:1, 8; 370:6, 12, 16, 19; 371:1, 7, 9, 16, 22; 372:1, 4, 10, 23; 373:1, 10, 13-14, 19, 23; 374:3, 9; 375:8, 14, 21, 24; 376:1; 377:2, 13, 16; 378:1, 4, 14; 380:8, 10, 14, 18; 383:10, 13, 16,
19, 24; 384:2, 5, 10; 385:16, 20; 386:12, 15, 22; 387:4, 8, 13; 388:1, 5, 10; 389:17, 21, 25; 390:1, 5, 10-11; 391:19, 22, 25; 392:1, 7, 10, 16, 22; 393:18, 21; 394:1, 7, 18, 21; 395:7; 396:10, 13, 17; 398:15, 19, 21; 400:19, 22; 401:2; 404:18, 24; 405:19, 23-24; 407:5, 8, 10, 15; 410:9, 13, 22; 411:1, 4, 8, 15; 414:9; 415:19; 416:6, 10, 15; 422:4, 7, 11; 424:3, 6, 10; 428:23; 434:15, 17, 21; 435:11, 13, 17; 440:1, 19; 443:1, 5, 23, 25; 444:2, 6, 13, 18; 445:1, 3, 20; 446:19; 447:1, 6-7; 448:25; 449:4; 456:17, 21; 457:5; 461:14, 17; 465:13, 15; 471:16, 21; 473:17; 474:11, 15, 17; 477:13, 15, 19, 21; 478:2, 6; 479:24; 480:3, 6; 481:2; 490:17; 491:4; 495:23; 496:13, 17, 23; 497:5, 9, 11, 14, 16, 20; 498:2, 7, 11, 13, 17
MS [4] - 264:7; 291:4; 383:5
mud [1] - 445:23Munford [1] - 292:7must [5] - 275:22;
357:17; 378:7; 410:1; 429:11
mustering [1] - 334:18
Nname [17] - 309:18;
317:24; 318:1; 336:19; 346:8; 390:18; 406:16; 457:11; 470:13, 18-19, 25; 480:18, 20
named [2] - 391:9; 455:8
names [3] - 309:17; 470:23
narrative [1] - 470:21
narrow [1] - 301:15Native [2] - 426:11;
427:3NBR [1] - 463:10near [1] - 279:3necessarily [1] - 275:4necessary [4] -
281:10; 322:9; 474:25; 485:17
need [19] - 266:17; 267:14, 22; 268:10; 276:8; 277:6; 278:23; 284:21; 286:10, 13; 291:4; 328:18; 345:22; 421:9; 440:7; 465:1; 470:15, 17; 496:1
needed [9] - 265:10; 330:9, 11, 15; 376:13; 396:21; 441:24; 464:2; 470:21
needing [1] - 358:23needs [2] - 281:4;
402:3neighbor [2] - 313:4;
314:23neighbors [2] -
313:17; 315:8Neish [3] - 286:13;
292:7; 294:20net [1] - 449:21never [19] - 307:25;
308:7; 309:18; 312:2, 17; 320:22; 328:20; 329:11; 334:11; 362:16; 379:13, 16; 380:6; 439:10; 477:9; 487:4, 10, 13; 492:24
new [6] - 268:7; 417:14; 439:10, 13; 457:18; 473:15
Newport [2] - 454:3; 456:10
next [14] - 271:21; 283:21; 301:24; 317:5; 327:16, 18; 341:21; 345:17; 349:1; 406:16; 434:22; 438:12; 459:4; 480:13
NEXT [1] - 259:20night [7] - 307:3;
348:25; 396:18, 21; 397:21; 489:24; 498:9
NO [2] - 259:9, 24nonavailable [1] -
474:2none [3] - 354:24;
356:9; 470:25nonetheless [1] -
372:5nonresponsive [1] -
301:20noon [1] - 382:1NOON [1] - 382:3normal [1] - 484:10Norte [7] - 318:21;
319:4, 7; 428:5; 472:4, 6
Northern [1] - 469:24NOT [1] - 263:16note [2] - 279:11;
327:17NOTE [1] - 263:15notebook [1] - 449:5noted [1] - 332:13notes [9] - 283:4;
311:15; 466:7; 467:6; 468:14; 469:12; 473:25; 474:4; 499:9
nothing [7] - 270:20; 303:3; 390:12; 392:18; 409:15; 462:24; 478:15
notice [7] - 270:23; 279:17; 310:11; 333:23; 385:9; 394:3; 395:1
noticed [1] - 268:25notification [1] -
270:15notified [1] - 270:16November [3] -
421:19; 456:5nuance [1] - 448:10number [11] - 283:1;
354:5; 357:18; 367:3; 398:23; 403:23; 448:19; 460:10, 17; 478:8
Number [2] - 434:2; 436:15
numbered [5] - 290:23; 291:24; 357:23; 381:22; 395:24
numbers [6] - 367:4; 392:4; 444:10; 449:3; 466:12
numerical [1] - 343:25numerous [1] - 385:4
OOAKLAND [1] -
260:16oath [3] - 264:9;
304:25; 368:2object [13] - 272:7, 9;
323:8; 371:9; 373:15; 375:8; 376:1; 380:10; 386:12, 15; 393:21; 404:18; 410:9
objected [3] - 281:21; 283:14; 376:15
objection [38] - 272:8, 23; 274:12, 23; 278:12; 281:17, 20; 283:10; 284:2, 4; 287:23; 289:16, 19, 25; 307:19; 324:10; 335:9; 336:12; 348:13; 359:12; 363:17; 370:6; 373:14, 22; 375:11, 15; 377:15, 18; 389:20; 394:24; 396:12; 411:8; 416:10; 434:17; 435:13; 471:16; 490:17
objections [3] - 283:6; 324:6
obligations [1] - 486:13
obstacle [1] - 365:18obstructed [2] -
353:10, 14obviously [5] -
267:10; 271:8; 293:5; 308:23; 387:15
occasionally [2] - 332:3; 358:15
occasions [2] - 328:15; 385:5
occupation [1] - 337:7occur [4] - 334:7;
352:13; 433:24; 485:3
occurred [12] - 267:25; 321:6; 322:9; 330:2, 4; 339:12; 400:10; 403:12; 404:6; 442:21; 447:14; 492:1
October [14] - 322:10; 334:1; 369:25; 370:5; 408:7, 25; 417:3, 7; 420:6, 9; 436:3; 455:18, 22; 456:1
odd [1] - 310:18
16
OF [6] - 259:1; 260:13; 261:7
offer [7] - 272:7, 10, 22; 277:3; 301:12; 386:5; 498:15
offered [6] - 279:13; 281:5; 283:13; 284:2; 392:4
offering [4] - 279:25; 373:23; 393:24
office [6] - 303:7; 318:18, 20; 481:10, 25; 493:16
OFFICE [1] - 260:13officer [1] - 472:9offices [3] - 318:24;
481:12, 15official [17] - 272:14;
278:13; 319:14, 22; 320:11, 13; 331:14; 334:13; 335:2; 379:12; 386:20; 409:24; 410:6, 10, 18; 482:23; 483:1
Official [1] - 276:25often [3] - 286:25;
287:4; 494:5omitted [1] - 477:9ON [6] - 259:6, 20;
260:2; 261:2; 263:2, 17
on-the-mic [2] - 451:10; 462:11
once [5] - 321:4; 381:11; 428:16; 485:8; 491:21
one [89] - 265:9; 266:16; 276:17; 282:7; 283:23; 284:23; 285:3; 288:1, 6; 291:4; 297:10; 302:14; 316:4; 325:23; 329:7, 10-11, 13; 332:7; 333:12; 339:25; 341:19; 343:5; 346:10; 348:4; 353:5; 357:9; 362:18; 363:25; 376:10, 16-17; 386:4; 387:24; 390:17; 403:5, 8; 404:7, 20; 408:6; 413:2, 4; 417:15; 419:25; 421:12; 424:19, 21; 425:6; 429:11, 24; 430:19, 23; 431:6; 437:18; 439:20; 441:14; 452:12; 457:15;
459:4, 16; 460:9, 14, 24; 461:9, 23; 462:9; 468:7, 16, 22; 469:1, 5; 472:23; 475:4, 11; 476:7, 11; 478:19-21; 479:1; 481:8; 489:1; 493:5; 495:9; 498:4
one-on-one [1] - 325:23
ones [6] - 313:25; 333:10; 354:22; 362:14; 468:3; 479:7
ongoing [1] - 409:19online [4] - 409:24;
410:6, 10, 18onset [1] - 485:24open [1] - 439:11opened [2] - 379:21;
380:15opener [1] - 492:12operating [1] - 471:1operations [1] - 446:4opponent [1] - 440:11opponent's [1] -
325:25opponents [1] -
446:13opportunity [6] -
394:4, 22; 483:20; 487:10, 13, 17
opposed [23] - 299:1, 3; 311:17, 21, 25; 312:2, 7, 12, 16-17, 22, 24; 313:1, 5, 17; 314:24; 315:4, 7-8, 12; 416:12; 431:11
opposing [1] - 299:15opposition [2] -
311:23; 312:10oral [58] - 302:5;
321:6; 330:5; 400:15; 411:16; 413:13; 418:24; 419:11; 426:4; 430:8, 17; 431:25; 436:21; 455:6, 8; 458:10, 13, 22; 459:1, 9, 20, 25; 460:5, 8, 19, 22, 25; 461:2, 11, 21; 462:11; 463:2, 24; 464:8, 11, 15; 465:16; 466:1; 467:14, 19; 468:20; 469:4; 472:16; 473:4; 474:18; 475:8; 476:1, 13, 21, 23; 477:5, 7, 10; 478:8; 479:14, 18,
22orally [15] - 265:5;
453:7; 454:2, 23; 455:14; 463:4; 466:18, 23; 467:2; 469:9; 475:14, 23; 478:25; 486:14; 487:11
orange [2] - 369:15; 370:21
Orange [1] - 378:9order [11] - 281:3;
315:19; 320:20; 372:19; 373:5; 383:22; 385:24; 387:11, 18; 497:2; 499:23
ordinarily [1] - 278:24organization [2] -
303:7; 313:4organizations [1] -
314:23orientation [1] - 487:1originally [1] - 489:21otherwise [5] - 365:4;
386:10; 393:23; 416:4; 499:23
outline [2] - 482:10outlook [1] - 355:4outside [9] - 267:7;
269:5; 287:1; 315:23; 391:20; 404:19; 471:16; 479:25; 484:10
overlooked [1] - 278:4overnight [2] - 397:16;
493:2Overruled [18] -
274:14; 289:18; 307:21; 321:12; 322:25; 335:13; 348:14; 350:7; 351:7; 359:13; 363:19; 370:7; 390:6; 404:22; 411:10; 416:13; 471:18; 490:19
overruled [8] - 324:10; 341:16; 375:11; 376:8; 377:18, 23; 394:24; 461:15
own [7] - 292:11; 334:16; 372:5; 377:3; 386:20; 452:25; 469:22
owned [1] - 461:8owners [1] - 314:16ownership [1] -
350:12owns [2] - 350:13;
476:9
Pp.m [8] - 346:23;
347:1, 3, 5; 351:1; 413:5; 498:20
PACKARD [3] - 260:15; 291:4; 383:5
Packard [2] - 383:4, 9packet [4] - 389:10;
420:20; 436:16; 482:2
packets [1] - 287:5PAGE [4] - 259:20;
261:4, 8; 263:6Page [31] - 290:5;
302:11; 308:11; 311:13; 323:7, 11; 327:8; 333:1; 368:22; 370:17; 371:8, 17; 372:2; 380:9; 384:12; 385:9; 388:18; 392:8, 24; 393:9; 400:20; 407:6; 422:5; 424:4; 434:2; 443:24; 449:2, 8; 456:23; 497:22
page [36] - 285:6; 290:20, 22; 291:11, 21, 24; 292:4; 295:16, 18; 297:4, 12; 302:12; 328:5; 357:22; 358:5; 369:9, 19; 372:18, 20; 374:4, 10; 387:19; 390:24; 395:22, 24; 399:25; 400:4; 404:3; 434:9; 438:22; 449:3, 11; 452:7; 491:8; 498:4
PAGES [3] - 263:8Pages [11] - 384:18;
385:21; 388:7, 11; 389:18, 23; 393:19; 395:2; 448:21, 25; 494:15
pages [20] - 291:23; 294:4; 297:11; 308:12; 380:1; 381:22; 384:13; 388:3, 19, 22, 25; 390:2; 392:24; 417:14; 452:23; 490:22; 491:10; 494:16, 18; 499:11
paid [2] - 396:23; 397:25
panicked [1] - 469:21
panicking [1] - 468:6Papas [2] - 430:6, 24paper [8] - 268:3;
306:10; 408:14; 427:22; 443:21; 466:5; 477:1
papers [3] - 415:5; 443:20; 460:15
paperwork [7] - 283:13; 335:23; 377:12; 411:13; 412:10; 413:8; 470:11
paragraph [4] - 328:5; 420:5, 15; 433:21
paragraphs [1] - 464:5parameters [2] -
343:25paraphrase [8] -
462:21, 24; 463:3, 12, 14, 17; 469:15, 18
paraphrased [8] - 462:14, 22; 463:1, 6; 464:4, 18, 20; 469:12
paraphrasing [2] - 463:15; 468:17
parcels [3] - 350:12; 476:9
pardon [5] - 295:13; 338:21; 362:12; 438:20; 470:7
PARK [1] - 260:9parking [1] - 423:5part [22] - 271:20;
305:6, 8; 306:13; 307:1; 309:14; 314:7; 315:21; 319:16; 333:21; 341:17; 348:21; 379:8; 389:10; 391:24; 427:19; 428:4; 462:21; 463:8, 20; 468:6; 492:20
part-time [1] - 309:14Parte [2] - 385:10;
396:1parte [314] - 264:23,
25; 265:15, 19; 266:18; 269:13; 271:16; 273:10, 19, 21; 274:8; 279:21; 283:2; 288:13; 290:25; 291:2; 292:6; 293:6; 294:18; 296:5, 17; 297:8, 17; 298:10, 19; 299:4, 9, 21;
17
301:16; 304:3, 10; 305:23; 307:8, 16; 308:1, 8, 13, 18, 24; 309:1, 9, 11, 13, 23; 310:4, 6, 12, 20, 23; 311:16; 312:8, 16, 23-24; 313:2; 314:6, 13; 315:14, 19; 325:7, 13, 15-16, 18, 21, 23; 326:7; 327:3, 23; 328:9; 329:2, 4, 6, 12, 19, 21; 330:2, 9, 16, 19, 23; 331:11, 17, 23; 332:16; 333:8; 334:20; 335:8, 19; 338:4, 12; 339:14, 20, 22; 342:9, 17, 19, 25; 344:13, 17, 23; 345:2; 346:7, 12, 16, 21, 24; 347:15; 348:10, 21; 349:7, 14; 350:23, 25; 352:8, 13; 354:8; 355:2, 13; 356:23; 357:9, 11; 358:7, 13, 18; 359:7, 20; 360:21; 361:16; 362:4, 13, 17, 19; 363:14; 365:21; 366:22; 368:13; 374:15; 375:3; 376:19; 377:4, 9; 378:17; 379:11; 380:21; 381:1, 7; 388:13; 389:14; 391:6; 392:6; 394:5, 13; 400:9, 13, 24; 401:3; 402:2, 11, 16; 403:2, 7, 11-12; 404:12; 405:2, 11; 406:9; 407:2, 12, 19; 413:5, 20; 417:5, 19; 418:10; 419:7, 17, 20; 420:6; 421:8; 422:9, 16, 20, 25; 423:8, 19, 25; 424:8, 14, 20, 24; 425:4; 429:7, 9, 17, 20; 430:18, 25; 432:13, 17; 433:4, 6-7, 14, 18, 22, 24; 436:2, 5-6, 11; 437:3, 6; 438:6; 440:4, 6, 10, 13, 23; 442:5, 22; 443:10, 18; 444:15; 445:5, 12, 14; 446:12; 447:9, 14, 17, 22, 24; 448:4; 449:12, 15; 450:4; 452:20; 453:5, 11,
15; 454:3, 7, 11, 13, 16; 455:1, 8, 18, 22; 456:2, 6, 10, 14; 458:14, 22; 459:21; 460:4, 9, 11; 461:21, 24; 462:12, 15, 22; 463:2; 464:12, 16; 465:17; 466:1, 16; 467:14; 468:21; 469:10; 472:17, 25; 473:19; 474:22; 475:17; 476:1, 17, 22; 477:24; 483:25; 484:6, 14, 22; 485:3, 5; 486:5, 8, 11, 13, 19, 23; 487:11; 488:4, 9, 11, 16, 20; 489:3; 491:12, 19-20, 23-24; 492:8
partes [45] - 265:7, 24; 266:6; 267:2, 9; 268:25; 293:9; 310:7; 311:2; 315:20; 319:20; 332:6; 340:14; 343:17; 348:3; 349:5; 355:5, 7; 356:1, 13; 359:1; 360:7, 23; 362:9, 21, 23; 364:19; 365:2, 7; 379:15; 424:20; 438:7; 441:10; 445:6, 13; 448:12; 451:24; 459:13; 464:2; 466:13; 467:7; 496:21
participants [2] - 311:16, 21
participate [3] - 486:17; 487:14, 18
participated [3] - 326:8; 374:13; 380:5
participating [4] - 266:23; 326:6; 352:4; 380:20
particular [8] - 270:2; 272:6; 299:3; 308:11; 316:6; 340:1; 354:19; 358:11
particularly [3] - 274:16; 350:11; 452:11
parties [6] - 267:7; 281:19; 296:18; 319:20; 358:22; 446:13
partway [1] - 468:24party [7] - 276:8;
281:8; 326:1;
361:15; 440:11; 499:21, 24
passage [3] - 371:9, 12; 374:6
passed [5] - 289:12; 362:25; 428:19; 441:8
passing [1] - 329:13past [4] - 382:1;
439:16; 466:10; 487:20
patient [1] - 277:24pay [4] - 393:11;
397:16, 20; 465:2paying [3] - 487:3, 9;
499:22Pederson [3] - 393:5pending [1] - 409:6people [21] - 267:12;
270:18; 274:10, 17; 278:10; 309:3; 310:8; 311:25; 316:19; 330:12; 378:22; 415:5; 441:13; 442:8, 13; 452:14, 17; 471:9; 479:10; 484:19
Pepperdine [1] - 300:16
PER [9] - 261:10, 14, 20; 262:1; 264:12; 317:21; 368:5; 384:6; 480:15
perceive [1] - 496:11perception [1] -
496:12perfect [1] - 476:5perfectly [1] - 483:22performing [1] - 379:1perhaps [4] - 280:10;
364:4; 369:4; 435:22period [5] - 267:6;
362:19; 427:14; 428:15
permanent [2] - 463:8, 21
permission [4] - 287:21; 289:20; 332:11; 369:2
permit [1] - 338:24permitted [1] - 341:9Perry [2] - 426:10, 16person [20] - 306:10;
349:22; 362:4; 390:18; 391:9; 442:9, 11; 447:17; 452:25; 453:1; 454:17; 461:9; 469:22; 491:23; 493:16, 19, 23;
499:21, 24personal [1] - 446:2personally [1] - 333:9Personnel [1] - 481:22persons [3] - 264:23;
299:3; 489:2pertain [3] - 410:8;
482:24; 483:2pertained [2] - 409:25;
410:20ph [1] - 281:2phone [10] - 306:5;
339:23; 351:2; 383:13; 427:12, 16; 468:25; 471:11; 478:24; 491:22
photo [1] - 361:20photograph [10] -
360:16; 361:2, 5-9, 11; 362:2
photographs [1] - 360:20
phrase [8] - 321:22; 323:15; 325:6; 410:10; 483:10; 484:5, 8; 490:17
physical [1] - 472:14physically [3] -
331:18, 20; 416:21pick [1] - 464:1picking [1] - 452:24piece [4] - 268:3;
289:2; 477:6; 498:15pieces [1] - 379:5pitch [2] - 300:13;
427:2place [6] - 320:6;
352:15, 20; 379:7; 486:9; 495:23
placed [1] - 357:22plaintiff [2] - 284:17;
367:20Plaintiff [2] - 264:13;
317:22PLAINTIFFS [2] -
259:8; 260:2Plaintiffs [4] - 336:17;
368:6; 384:7; 480:16plaintiffs' [3] - 284:12,
17plan [1] - 297:20planned [1] - 270:19planning [1] - 339:4PLEASE [1] - 263:17Pluto [1] - 298:20PM [2] - 261:6; 383:2podunk [1] - 469:25podunk-you-know-
where [1] - 469:25point [19] - 265:9;
266:16; 272:19; 280:23; 289:2; 317:7; 318:12; 324:8; 329:9; 343:18; 344:3, 10; 351:16; 353:11; 371:5; 378:25; 386:5; 397:1; 473:14
points [9] - 346:18; 347:12; 348:7, 9; 351:15; 353:3; 354:23; 376:10; 458:7
policies [2] - 344:2; 353:7
policy [1] - 333:22pontificating [1] -
388:2portion [7] - 372:14;
463:11; 465:16, 20; 466:1; 499:22
Poseidon [1] - 456:6position [6] - 298:24;
318:22; 343:23; 353:5; 471:10
positive [1] - 489:10possession [1] -
490:6possibility [1] - 476:8possible [9] - 273:24;
276:7; 415:9; 431:17, 19, 21; 492:17; 493:5
possibly [7] - 270:8; 304:16; 328:19; 415:4; 437:17; 441:4; 459:11
posted [13] - 320:16; 358:17; 388:15; 409:23; 410:6, 18; 482:7; 489:18, 21; 490:1, 6; 491:12, 16
postpone [1] - 270:4postponed [4] - 270:7,
11, 21; 271:9posts [1] - 482:9powder [1] - 284:1power [1] - 336:1PowerPoint [40] -
304:2, 9, 14, 19; 305:12, 15; 306:6, 10, 19, 21; 307:7, 13; 310:16; 344:3, 16, 18; 345:1; 348:20, 23; 349:3; 356:25; 357:1, 3-4; 359:16, 20, 23; 360:12; 361:9, 13; 362:7; 364:14; 393:1, 8; 396:5;
18
434:5, 10PowerPoints [2] -
305:6; 307:5practice [22] - 265:12;
273:18; 331:17; 333:15; 337:14; 383:18; 436:23; 443:14; 445:5; 451:1; 475:13; 482:8; 485:11, 18-19; 491:19, 21; 492:5, 7; 493:7, 21
preceded [3] - 479:14, 18, 22
precedent [1] - 351:16precise [4] - 355:16;
440:7, 12; 479:2precision [1] - 268:16prejudicial [1] - 353:4premise [1] - 392:5preparation [5] -
320:19; 355:3; 458:18, 21; 460:18
prepare [6] - 309:15; 408:20; 469:21; 472:13; 491:24
prepared [20] - 273:15, 20; 283:2; 284:17; 309:12, 20; 314:1, 9; 344:18; 346:18; 356:25; 381:11; 408:22; 454:16, 25; 489:5, 10, 12; 496:13
preparing [1] - 314:2present [9] - 272:18;
326:1, 16; 330:12; 359:21; 360:11; 376:13; 395:19; 489:3
presentation [20] - 300:21; 304:19; 306:6, 14; 307:8, 13; 310:16; 344:16; 345:2; 348:20, 23; 356:25; 357:1; 359:23; 393:2, 8, 12, 15; 396:5; 434:11
presentations [3] - 304:2, 9; 305:15
presented [18] - 265:1; 298:1; 304:9; 309:4; 313:25; 335:11; 358:21; 360:4, 6, 8, 12; 363:10; 365:21; 376:12; 395:17; 434:6; 435:20
presenting [4] - 358:23; 359:9;
364:18; 365:19preserved [1] - 488:25pretrial [4] - 276:10;
383:22; 385:24; 387:11
pretty [2] - 337:20; 353:12
previous [4] - 311:1; 424:21; 476:14, 16
previously [7] - 264:13; 314:22; 358:4; 368:6; 384:7; 475:19; 496:10
primarily [1] - 472:8primary [1] - 490:4principle [1] - 462:22printed [4] - 355:3;
414:19; 455:5, 7printout [2] - 304:19;
305:25priority [1] - 331:21private [2] - 329:16;
337:16privy [1] - 320:22pro [1] - 499:5problem [12] - 283:8;
322:20; 323:20, 24; 324:17; 366:3; 377:17; 379:17; 400:3; 474:9; 497:2
problematic [1] - 405:22
problems [6] - 265:6, 14, 18; 269:12; 377:17; 474:10
procedure [4] - 391:4; 450:12; 457:16
Procedure [1] - 276:20
procedures [13] - 335:21; 377:4; 389:14; 390:3, 14, 25; 391:1, 13, 16; 392:19; 394:3; 448:12
proceed [11] - 292:2; 322:13; 332:11; 392:15; 404:23; 422:6; 440:18; 443:3; 465:13; 478:3; 480:23
proceeding [2] - 321:19; 438:11
Proceedings [1] - 498:20
proceedings [4] - 321:6; 499:9, 13
process [17] - 286:22; 307:15; 320:8; 391:1, 4, 11, 15;
392:5; 450:12; 471:6, 14, 22; 483:21; 494:4, 22; 497:3
processed [2] - 335:19; 375:2
produced [2] - 280:14; 376:19
professional [1] - 337:5
progress [1] - 285:17prohibited [3] - 326:5;
380:20; 381:15project [57] - 270:15;
274:21; 286:8; 290:17; 294:21; 296:25; 298:21, 25; 299:3, 15; 302:9, 25; 303:9, 11, 16, 23; 307:12; 311:17, 21, 25; 312:12, 14, 17-18; 313:5, 15, 17; 314:24; 315:8, 12; 319:15; 320:20; 331:14; 338:19, 22; 343:24; 344:5, 7; 350:24; 374:14; 376:11; 379:12, 22; 399:6; 405:7, 10; 418:14; 424:15; 426:12, 19-20, 25; 449:1; 482:12; 484:10
projected [2] - 290:15; 305:12
projects [3] - 409:25; 410:8, 19
prompt [1] - 334:15promptly [1] - 496:22promulgate [1] -
308:2pronunciation [1] -
319:9proof [2] - 439:21;
441:20proper [2] - 282:2;
283:14properly [3] - 270:16;
374:14; 376:12property [6] - 314:16;
461:7; 476:8, 10proposal [2] - 296:19;
323:20propose [1] - 308:7proposed [2] - 307:25;
308:2protect [1] - 353:16protecting [1] - 353:7provide [8] - 275:7;
277:12; 291:7;
365:24; 387:13; 423:9; 458:25; 499:23
provided [15] - 272:15; 273:22; 287:2; 304:12; 340:21; 348:20, 24; 349:3; 361:7; 363:8, 13; 415:21; 432:1; 459:22; 460:1
providing [2] - 361:16; 363:5
provision [3] - 276:19, 23; 280:7
public [51] - 279:6; 287:12; 304:3, 6, 13; 306:19, 22; 307:9, 11; 308:4; 315:22; 318:18, 23-24; 320:6, 17, 22; 321:3, 15; 323:19, 23; 324:16, 22; 325:2; 326:2, 12, 19; 337:15; 339:6, 8, 11, 15; 343:16, 20; 353:17; 365:12; 381:6, 10; 399:6; 400:2; 411:5; 425:25; 448:1, 6; 452:15; 481:12; 482:5; 483:24; 484:13, 17
Public [2] - 337:25; 394:14
PUBLIC [1] - 260:7PUBLIC-INTEREST
[1] - 260:7publicly [1] - 363:15published [1] - 319:25purchased [1] -
499:21purports [1] - 288:15purpose [7] - 281:12;
308:6; 377:19; 386:16; 393:24; 394:25
purposes [3] - 267:9; 387:24; 489:2
pursuant [4] - 280:14, 24; 281:5; 499:22
purview [1] - 336:2put [23] - 280:3; 290:9;
291:3; 293:9; 310:12; 341:18, 21; 342:3; 374:6; 378:16; 379:5, 12; 380:6; 404:13; 415:5; 431:19; 453:21; 457:14; 470:13, 18-19; 483:5
putting [2] - 267:5; 332:1
puzzle [1] - 379:5
QQ14 [1] - 357:23qualifies [1] - 275:12qualify [1] - 275:18qualitative [1] - 353:6Quality [1] - 337:21quality [1] - 344:2queries [1] - 428:22questioning [2] -
289:5; 323:9questions [31] - 301:1;
302:16; 313:18, 21; 317:1; 345:23; 349:7-9, 11-12; 351:19, 22; 352:7; 353:21; 354:6; 355:8; 356:4; 366:5; 374:1; 393:14; 394:4; 398:8; 444:19; 456:17; 465:2, 10; 474:13; 475:6; 478:2
quit [1] - 300:9quite [4] - 334:18;
449:22; 459:11, 15quote [4] - 311:17;
323:15quote/unquote [1] -
329:5
Rrack [1] - 357:20raised [1] - 344:19raises [1] - 278:25ramp [2] - 290:11Ranch [5] - 418:17,
20; 454:4; 456:10, 14
range [3] - 340:16, 18; 348:12
rarely [1] - 362:16rather [3] - 279:12;
431:20; 443:20rationale [1] - 488:19ray [1] - 437:18reach [1] - 416:5reached [1] - 384:11read [90] - 301:25;
305:11; 322:2; 323:6, 11; 324:13, 23-24; 325:2, 18; 327:7, 9; 332:25; 333:2; 346:15, 17; 368:21; 369:2;
19
370:17; 371:7, 11, 16, 21, 23; 372:1, 6, 13-15, 17, 21; 373:6; 376:18; 377:5; 379:21, 24; 380:2-4, 8, 13, 16, 23; 385:13; 389:11; 392:7, 13; 394:13; 400:19, 21; 407:5, 7, 9; 408:14; 409:13; 411:24; 412:10; 421:9; 422:4; 424:3, 5; 432:22; 435:9; 443:12, 14, 16, 23; 444:12; 445:8, 13-14, 17; 446:17; 449:24; 455:7, 9; 462:15, 19; 466:6; 474:24; 490:14, 21; 491:5, 7-8, 11; 495:15
readily [2] - 462:16; 463:22
reading [10] - 346:13; 355:9; 364:20; 371:4; 373:2; 443:19, 21; 462:17; 463:16; 468:18
realized [3] - 409:4; 425:17; 472:25
really [11] - 364:8; 397:15; 440:8; 445:7; 452:15; 473:16; 479:6; 483:21; 491:1; 493:10
reason [15] - 340:1; 358:9; 361:14, 25; 362:1; 365:2, 6; 399:13; 400:2; 406:10; 407:22; 408:19; 415:3; 426:3; 452:6
reasons [7] - 312:9; 341:17; 380:25; 418:9, 14, 25; 487:18
recalled [2] - 476:21; 477:24
receipt [6] - 334:9, 16; 494:2; 495:14, 17, 20
receipts [2] - 333:15; 495:16
receive [20] - 267:6; 277:9; 287:9, 13; 319:24; 325:16; 326:11; 387:5; 388:25; 427:21; 434:7; 452:17;
454:11; 470:15; 482:1; 486:21; 495:11
received [67] - 264:25; 272:8; 273:19; 283:19; 284:24; 290:1; 291:1; 306:24; 307:12; 316:21; 333:23; 334:3; 377:23; 386:3; 387:25; 388:4, 8; 389:8, 22, 24; 394:17, 25; 395:3; 396:14; 402:15, 17; 403:1; 404:9, 14; 406:9, 13; 409:9; 413:4; 416:8, 11, 17; 425:9; 427:24; 432:20, 22, 25; 434:18; 435:4, 9, 14-15; 441:10, 21; 447:9; 448:3; 450:3; 454:6, 16, 25; 463:2; 466:19; 468:10; 476:22; 482:3; 487:1; 489:15; 495:7
RECEIVED [2] - 263:5, 16
receiving [8] - 282:1; 315:24; 316:1; 435:6; 458:5; 477:24; 486:24
recently [4] - 425:17; 451:25; 452:9; 453:6
RECESS [1] - 382:3recess [4] - 336:4, 6;
382:1; 442:18Recess [2] - 336:7;
444:23reciting [1] - 341:14recognize [60] -
285:22; 288:3; 289:9; 292:4; 295:2, 18; 296:22; 297:6, 16; 299:19; 300:6; 342:15; 343:5; 346:6; 368:19; 369:12; 370:23; 381:19; 384:18; 393:1, 8; 395:10; 398:4; 400:6; 404:25; 407:17; 408:17; 411:19; 412:2, 13; 414:11, 21; 416:24; 417:17; 418:6; 419:11, 24; 420:3, 12; 421:4, 17; 422:13, 23; 423:13; 426:8; 427:5; 429:7, 15; 432:5, 11; 433:4,
11; 434:4, 9; 435:1, 24; 436:9; 437:1; 443:7
recognized [1] - 271:5recollect [2] - 343:18;
344:12recollection [23] -
270:22, 24; 343:9; 352:5; 354:18, 22; 355:16, 19, 21, 23-24; 356:7, 12; 357:6; 359:15, 22; 372:8; 407:14; 450:22; 452:1, 10; 494:18
recommendation [2] - 339:24; 490:9
record [54] - 299:6, 12; 317:25; 319:14, 22; 320:12; 321:2, 4, 14; 322:8; 330:5; 331:14; 332:12; 334:13; 335:2; 336:20; 342:16; 345:8, 13; 346:9; 361:10, 19; 362:6; 364:3, 6, 11; 365:20, 23; 374:12; 376:16; 378:16; 379:12; 402:21; 409:24; 410:7, 10, 18; 420:16, 19; 425:25; 440:9; 443:15, 22; 451:9; 463:8, 21; 464:10; 468:13; 482:23; 483:1; 490:10; 497:15
RECORD [1] - 263:17recorded [3] - 356:12;
408:14; 423:6recording [2] -
365:24; 427:24records [16] - 272:13;
275:6, 9, 13, 20; 278:13, 16; 279:2; 280:17; 281:4; 340:22; 341:15; 386:20; 406:9; 430:13
Records [2] - 276:25; 337:25
records' [1] - 277:21RECROSS [6] -
261:12, 23-24; 313:22; 474:16; 478:5
recross [1] - 479:25RECROSS-
EXAMINATION [6] - 261:12, 23-24;
313:22; 474:16; 478:5
red [3] - 376:11, 14, 25
redirect [3] - 289:24; 302:21; 456:19
REDIRECT [4] - 261:11, 22; 302:22; 456:20
redo [2] - 387:10; 497:25
refer [4] - 430:7, 22; 448:18; 494:14
REFER [1] - 263:17reference [11] -
300:21; 358:20, 22; 383:19; 401:6; 431:13; 448:13, 15; 449:12; 460:11; 466:3
referenced [1] - 368:24
referencing [2] - 298:11; 299:21
referred [3] - 353:10; 376:25; 396:7
referring [4] - 269:22, 24; 352:25; 474:19
refers [3] - 286:19; 433:21; 456:13
reflect [4] - 298:15; 351:10, 12; 365:25
reflected [8] - 343:11; 458:15, 23; 461:21; 462:11; 464:16; 465:18; 466:2
refresh [3] - 452:1, 10; 494:18
refreshing [1] - 328:3regard [3] - 333:10;
445:5; 485:3regarding [6] -
296:18; 300:15; 313:24; 358:18; 456:14; 488:24
region [1] - 482:18regular [1] - 316:3regularly [1] - 442:7regulations [6] -
307:14, 17-18, 25; 308:3, 6
regulatory [1] - 337:12reiterate [1] - 459:18reiterated [1] - 278:17related [7] - 270:14;
303:3, 8, 12; 307:12; 308:8; 311:22
relates [1] - 399:7relationship [2] -
426:12; 461:7
relative [3] - 296:25; 297:9; 308:3
release [2] - 445:7; 459:17
released [1] - 390:19relevance [8] - 275:1;
322:24; 324:1; 338:7; 370:6; 373:15; 377:17
Relevance [1] - 359:12
relevant [7] - 300:12; 323:9; 324:5; 338:9; 377:22; 387:3; 473:2
relied [1] - 309:11relying [4] - 277:20;
356:6; 452:21remain [3] - 264:9;
368:2; 391:16remaining [2] -
302:16; 353:17remedies [5] - 321:23;
322:16; 323:15; 324:4; 483:11
remember [43] - 303:4; 313:3, 7, 9, 11-12, 14, 16; 332:4; 345:5; 348:2; 352:18; 360:16; 361:3, 5; 362:21; 363:2; 364:12; 365:9; 397:18; 400:18; 409:18; 421:25; 426:23; 427:1; 437:22; 443:11; 457:10; 459:2, 14; 464:24; 469:19; 478:16; 479:6; 486:25; 488:2; 492:19; 494:13; 495:5, 10
remind [2] - 294:16; 296:15
Rent [1] - 481:20repaginate [1] -
497:23repeat [7] - 335:14;
390:8; 410:1; 416:14; 425:2; 448:16; 457:3
rephrase [1] - 435:5reply [1] - 494:6report [36] - 266:7;
283:5; 287:10; 293:1, 13, 16, 19, 23, 25; 294:5, 8, 10; 295:10; 296:6, 8; 299:20; 304:16, 20; 305:6; 343:14, 16; 353:4, 9; 355:25;
20
373:4; 380:3; 412:9; 413:4, 20; 414:18; 427:19; 430:12; 445:8, 14; 446:17
reported [17] - 303:20; 325:12; 329:14; 406:12; 411:12, 23; 413:21; 414:17; 418:15; 421:11; 430:3; 451:6; 460:13; 461:5; 466:19, 21; 499:8
reporter [4] - 398:9; 446:7; 499:6, 22
REPORTER'S [2] - 259:15; 263:15
reporter's [1] - 423:22reporting [8] - 391:8;
443:19; 448:7, 12; 468:5; 478:23; 479:9
reports [4] - 284:20; 286:2; 380:5; 490:15
represent [7] - 314:16, 18, 20; 337:16; 358:4; 384:14; 470:14
representatives [1] - 463:11
represented [3] - 313:16; 338:23; 339:3
representing [2] - 313:3; 315:8
REPRESENTS [1] - 263:15
represents [1] - 314:21
reproduce [1] - 499:22request [2] - 332:12;
495:14requested [6] -
273:20; 303:2; 315:19; 334:4; 360:20; 361:2
requesting [1] - 334:15
requests [1] - 424:20require [3] - 272:2;
484:22; 497:24required [15] - 281:14,
16; 325:11; 330:22; 331:1, 4, 8, 10; 359:10; 376:6; 423:9; 486:7; 488:4, 10, 16
requirement [1] - 325:14
requirements [4] - 275:19, 21; 385:10; 486:23
requires [1] - 391:23rescheduled [1] -
352:14research [5] - 301:18;
319:19; 380:4; 409:2, 11
researched [1] - 320:23
resisted [1] - 446:11Resources [1] -
394:14respect [2] - 326:8;
498:14respond [3] - 327:15;
381:7; 427:11responding [2] -
360:15; 441:22response [4] - 275:25;
301:13; 354:5; 393:14
responses [1] - 293:9responsibility [1] -
488:15responsible [1] -
271:11responsive [2] -
341:18; 446:10restate [1] - 457:3result [1] - 270:25resume [3] - 264:15;
383:20; 384:4RESUMED [4] -
261:10, 20; 264:12; 368:5
resumed [3] - 264:13; 368:6; 384:7
retainer [5] - 315:24; 316:1, 7-8, 18
retake [1] - 368:1rethink [1] - 377:8returning [1] - 496:7review [16] - 292:10;
296:3; 309:16; 327:3, 12; 328:9; 387:18; 454:19; 461:18, 20; 464:15; 485:15, 17; 489:7; 491:1
reviewed [15] - 273:22; 309:8; 327:23; 330:23; 331:12; 350:21; 358:17; 385:4, 25; 387:3; 388:20; 395:16; 396:6; 464:9; 488:11
reviewing [2] - 332:6; 350:19
revised [2] - 346:19; 387:13
RFAs [1] - 385:18ridge [1] - 286:7Ridge [3] - 288:4;
289:10, 12risen [1] - 379:7road [6] - 277:15, 18;
343:19; 353:13; 361:7
Road [1] - 343:15Roberta [1] - 427:8role [1] - 271:7rolls [1] - 446:5room [4] - 278:6;
287:5; 396:23; 474:1Rose [1] - 369:16Rosenfeld [1] - 369:16roster [1] - 384:23roughly [1] - 494:11routinely [1] - 379:11RPR [1] - 259:23rule [11] - 266:3;
277:7, 22; 278:17; 281:16; 329:24; 344:24; 402:2; 490:4; 499:23
rules [39] - 306:25; 315:21; 325:10, 18; 326:5, 12; 327:4, 12, 23; 328:9; 334:20; 338:4; 358:7, 13, 17; 359:2, 6; 388:13; 389:14; 390:3, 13, 24; 391:1, 3; 392:19; 394:5, 14; 401:4; 450:13; 483:23; 484:2, 21, 25; 485:2; 488:4, 10, 16, 20; 489:2
ruling [13] - 341:6; 370:20; 372:7; 374:24; 375:1, 6, 19, 25; 376:9; 377:5, 8; 378:2, 6
SSACRAMENTO [1] -
260:22safe [1] - 391:19sake [1] - 398:9sales [1] - 427:2San [7] - 264:1; 276:6;
383:1; 441:5; 499:3, 7, 14
SAN [2] - 259:2; 260:10
Sanders [1] - 374:20Santa [3] - 378:10;
408:8; 420:17Sara [11] - 339:23;
420:6; 421:8; 432:14; 434:6, 13; 435:1; 453:20; 461:3; 474:23; 478:22
savvy [1] - 479:12saw [14] - 270:10;
304:6; 305:23; 309:17; 344:8; 358:11; 365:3; 437:23; 449:19; 454:22; 458:19; 467:4
scanned [1] - 328:6scant [1] - 275:23scary [1] - 452:13schedule [2] - 496:9,
11scheduled [3] - 270:3;
317:8; 355:5Schmidtz [1] - 397:9Schmidtz' [1] - 396:18ScholarShare [1] -
481:18school [3] - 378:20;
379:2; 446:24School [1] - 481:21scope [4] - 279:6;
404:19; 471:16; 479:25
scores [1] - 491:8Scott [1] - 420:18screen [13] - 286:9;
291:3, 18; 297:7; 302:1; 305:12, 16, 20, 22, 24; 306:7; 308:23; 310:12
script [3] - 346:13, 15, 17
Sea [2] - 296:19; 297:19
seat [1] - 472:1second [4] - 278:6;
295:16, 18; 487:7secret [1] - 447:15secretary [1] - 452:25section [2] - 385:10,
13Section [7] - 278:9,
23; 280:4, 11, 21; 477:18; 499:21
Sections [1] - 394:15see [54] - 272:22;
286:10; 290:16; 291:17; 293:21; 300:16; 304:2, 13; 305:2; 321:3; 327:4, 12; 343:10; 347:16, 22; 357:19; 358:20, 22, 24; 367:4; 369:9,
18; 374:11, 16, 21; 382:1; 385:11; 386:11; 387:19; 396:1; 398:6, 10; 401:8; 403:15, 20; 420:23; 428:19; 431:9; 438:8; 439:5; 441:4, 15, 24; 443:19; 446:19; 449:12; 458:8; 467:6; 489:8, 13, 22; 491:15; 497:12
seeing [2] - 388:22; 467:1
seek [1] - 272:13seem [1] - 334:18sees [1] - 304:3self [2] - 303:19self-reported [1] -
303:20sell [1] - 499:23send [13] - 295:9;
299:15; 310:1; 333:22; 441:16; 449:15, 21; 457:18; 485:18, 22, 25; 492:13
sending [3] - 360:15; 391:6; 485:24
sense [2] - 266:8; 483:19
sent [9] - 299:11; 360:20; 361:1; 437:24; 451:2; 492:16; 494:22; 498:8
sentence [4] - 374:16, 18; 463:10
sentences [1] - 463:14separate [3] - 345:4;
349:2; 497:21separated [1] - 278:10separately [1] - 386:7September [11] -
294:20; 296:18; 370:23; 371:24; 378:8; 419:4, 8, 13; 451:4; 454:3; 456:13
seq [2] - 280:21; 394:15
sequential [1] - 444:10
sequentially [1] - 290:23
series [1] - 356:1servant [2] - 315:22;
452:15served [2] - 485:23;
493:4service [4] - 318:23;
21
492:24; 495:18, 21services [1] - 291:7SESSION [2] - 261:5Session [2] - 264:2;
383:2set [4] - 284:9, 16;
297:25setback [1] - 343:25setting [1] - 351:16seven [30] - 265:11;
266:3, 5, 20; 269:1; 325:12; 328:2, 8; 329:20, 22; 330:2; 347:12; 350:9; 390:21; 391:8; 413:16, 22; 418:3; 437:19; 446:14; 485:4; 486:6, 8, 12; 489:19; 490:6; 491:25
seven-day [1] - 391:8several [8] - 344:13;
348:2, 6; 352:25; 405:2; 472:23; 481:17; 490:24
shall [2] - 496:8; 499:23
Shallenberger [4] - 352:2; 360:16, 18; 361:4
shambles [1] - 285:12shame [1] - 276:10share [1] - 344:22shared [5] - 357:5;
381:7; 387:12; 488:11; 489:4
short [6] - 349:2; 365:12; 426:15; 427:1; 445:15; 468:24
shorthand [1] - 499:8shortly [3] - 334:2;
360:20; 494:22shot [1] - 279:11shoulders [1] - 488:17show [17] - 272:9;
282:9; 284:21; 288:6, 14; 295:6; 333:16; 367:3; 369:3; 373:24; 377:20; 394:1-3; 489:10, 12; 494:2
showed [1] - 344:18showing [2] - 432:19,
24shown [1] - 284:22sic [1] - 292:11side [3] - 315:2;
325:25; 361:6sides [2] - 283:25;
290:10sign [9] - 407:22;
412:4, 15; 414:13, 23; 419:4; 485:9, 13
signature [7] - 330:13; 398:6, 10; 399:1; 400:6; 418:6; 485:18
signed [10] - 273:11, 23, 25; 292:8; 369:16; 412:19; 417:9, 22, 25; 448:19
significant [1] - 365:10
signing [1] - 402:10similar [8] - 274:9;
279:22; 299:10; 316:19; 448:8; 460:12; 461:4; 475:11
simply [6] - 276:2; 279:14, 21, 23; 281:12; 284:5
simultaneous [1] - 318:23
single [1] - 491:8sit [4] - 364:13; 407:1;
439:19; 465:25site [2] - 409:6; 487:14sitting [7] - 307:4;
313:7; 328:7; 332:20; 354:16; 355:15; 466:17
situation [1] - 387:23situations [4] - 270:1,
10; 281:18; 415:22six [13] - 374:13;
383:14, 17; 437:8, 19; 438:2, 19; 439:23; 440:3, 20, 22; 441:2
sixth [4] - 438:5, 16; 441:9, 11
skip [5] - 300:3, 13; 301:1; 302:14; 457:2
slides [1] - 344:24slightly [1] - 298:7small [2] - 344:4, 7solve [1] - 474:10someone [7] - 277:3;
305:10; 329:13; 408:22; 458:7; 485:16; 492:15
sometime [6] - 326:25; 371:23; 372:6; 389:8; 429:3; 494:24
sometimes [21] - 281:23; 287:3; 304:2, 8; 306:18, 21;
307:7; 313:25; 314:9; 316:16; 328:18; 332:4; 442:10; 464:1; 478:13; 479:7, 9; 487:6, 16; 489:25
somewhere [2] - 469:25; 494:9
soon [2] - 273:24; 472:24
sooner [1] - 400:17sore [1] - 445:25sorry [47] - 265:8;
268:18; 269:7, 22; 277:24; 282:21; 284:15; 286:11, 14; 291:1, 4-5; 292:20; 293:8, 11; 294:19; 295:25; 298:9, 11, 22; 300:1, 25; 301:8; 304:24; 306:1; 347:2; 371:8; 373:19; 375:21; 378:4; 383:7; 398:15; 405:19; 416:14; 418:23; 420:1; 423:24; 429:13; 442:3, 16, 20; 443:1; 444:2; 445:24; 446:21; 457:21; 458:12
sort [12] - 316:11; 334:8; 337:12, 25; 338:1; 362:21; 441:20; 457:6; 472:10; 494:2, 20; 495:7
sorted [2] - 482:16sound [1] - 328:7sounded [1] - 301:11sounds [3] - 279:17;
281:9; 287:13sources [1] - 279:4SPEAKER [1] - 297:13speaking [7] - 482:14;
484:16, 20; 488:21; 491:17, 21, 25
Special [2] - 431:9special [1] - 481:24specialist [1] - 446:4specialize [1] - 337:19specific [15] - 276:14;
277:6; 291:12; 309:19; 312:9; 356:12; 357:11; 360:7, 17; 362:14; 363:5; 450:22; 482:12; 484:9; 494:8
specifically [10] - 269:24; 270:14;
281:18; 308:8; 348:1; 354:23; 383:23; 385:24; 386:6; 465:2
specifics [2] - 309:16; 311:22
specified [1] - 316:5speculate [1] - 362:5speculation [4] -
274:13; 363:18; 411:9; 416:19
spell [4] - 317:25; 336:20, 22; 480:18
spelled [1] - 309:19spent [1] - 396:18split [1] - 437:16spoken [1] - 453:19SPOTLIGHT [4] -
259:6; 260:2; 261:2; 263:2
Staben [1] - 492:10staff [108] - 265:5, 9,
13, 17, 21, 23; 266:7, 16, 25; 267:2, 5, 21; 269:11, 23; 270:7, 10; 271:3-5, 13; 283:5; 284:20; 285:23; 286:2; 287:1, 10; 293:1, 13, 16, 18, 23, 25; 294:5, 8, 10; 295:9; 296:6, 8; 297:2; 299:20; 304:7, 12, 16, 20; 305:6; 306:24; 325:17; 334:17; 343:14, 16; 353:4, 9; 355:25; 358:23; 359:11, 17, 21; 360:1, 23; 361:12, 14, 17; 362:2, 6; 364:21; 365:20, 25; 371:14; 373:4; 376:12; 377:11; 378:15; 379:1, 13; 380:3; 401:20; 402:1, 4, 7, 11; 416:5; 420:21; 427:22; 445:8, 16; 446:17; 450:24; 457:9, 13; 464:1; 466:21; 469:22; 471:9; 472:4, 6; 485:21; 486:1; 488:25; 490:8, 15; 492:11; 494:19
staff's [1] - 301:16staffers [1] - 496:25stamp [9] - 403:1;
404:9, 14; 406:13; 409:9; 425:9;
429:25; 430:1; 466:14
stamped [4] - 291:1; 415:3; 416:12; 441:25
stand [11] - 264:14; 278:25; 284:10; 317:20; 357:17, 20; 368:2, 7; 384:8, 12; 496:9
stands [3] - 321:12; 341:6; 375:13
start [10] - 267:22; 285:11, 16; 293:23, 25; 334:15; 347:18; 429:23; 451:12; 494:7
started [12] - 268:12, 17; 271:2; 315:12; 337:19; 389:7; 487:1; 494:9, 19, 21; 496:22
starts [1] - 294:4state [8] - 279:19;
304:17; 317:24; 336:19; 386:16; 393:22; 439:10; 499:2
State [3] - 481:19; 499:6
STATE [1] - 259:1statement [1] - 397:18statements [2] -
279:23; 427:10states [8] - 374:11, 18;
406:16; 420:5, 15; 429:17; 430:17; 444:6
stating [1] - 405:9statutory [3] - 276:15;
277:20; 278:16stay [4] - 397:8, 12,
20; 461:19staying [2] - 396:22;
397:25step [3] - 317:4;
487:17; 496:7stepped [1] - 487:22steps [3] - 438:12;
447:21; 455:13STEVE [4] - 259:10;
260:12; 261:2; 263:2Steve [1] - 437:17stick [1] - 465:1sticker [4] - 284:24;
285:5; 369:4, 18still [14] - 287:25;
289:4; 291:14; 302:1; 377:16; 384:20; 395:5;
22
409:6, 19; 415:13; 425:18; 452:2, 13; 455:13
stipulate [1] - 281:19stipulated [1] - 283:22stipulating [1] -
281:21stipulation [2] -
394:11stole [2] - 387:19stop [4] - 267:14;
268:9; 405:17; 495:24
stream [4] - 376:11, 14, 24; 377:1
STREET [3] - 260:5, 15, 21
stressed [1] - 469:20stretch [1] - 487:5stricken [1] - 405:21strict [1] - 316:7strike [8] - 294:1;
310:9, 18; 340:23; 341:5, 12, 16; 366:1
structure [1] - 463:16studied [1] - 409:3stuff [6] - 386:1;
417:14; 441:23; 446:5; 469:23
subject [15] - 267:18; 268:4; 275:6; 276:14; 326:8; 329:21; 330:4; 394:11; 453:6, 11, 15; 455:19, 23; 460:5; 496:7
subjects [2] - 446:22, 25
submission [1] - 365:20
submissions [1] - 472:11
submit [17] - 299:5; 332:1; 358:23; 359:10; 365:15; 408:4, 23; 414:25; 423:3; 429:20; 437:6, 14; 438:23; 486:7; 492:14, 24; 493:22
submitted [72] - 273:24; 292:15; 321:7, 20; 332:21; 333:14, 16; 334:21; 335:1; 345:6, 12; 359:15; 360:22; 361:11, 14, 21-22, 24; 362:1, 5; 364:21; 376:18; 378:9; 380:2, 7; 404:4;
405:10, 15; 406:4, 11; 407:2, 12; 408:13, 25; 409:12; 411:22; 412:6, 8, 10; 415:2; 425:5; 429:9, 17; 430:14, 18; 436:18; 437:8, 11, 17-18, 25; 438:4, 14, 16, 18, 21-22; 439:18; 440:3; 441:14, 19; 443:12; 451:7; 460:15; 470:23; 474:22
submitting [6] - 310:19; 331:17; 377:4; 408:11; 430:2; 491:19
subpart [2] - 387:6; 395:5
subparts [3] - 386:6, 8subpoena [5] -
275:20; 280:14, 17, 24; 281:4
subpoenaed [1] - 280:19
subsequent [2] - 269:16; 270:4
substance [9] - 308:16; 309:5, 10; 310:15; 311:1; 312:1; 330:8; 490:8
substantial [4] - 339:8, 10; 344:6; 365:9
substantially [2] - 475:19; 476:6
substantively [1] - 310:19
sufficiency [1] - 278:19
sufficient [1] - 379:15suggested [1] -
272:21suggesting [1] -
276:16SUITE [4] - 260:5, 9,
16, 22suits [1] - 459:17summarized [1] -
314:3summary [5] - 274:2;
309:5; 314:9, 11; 455:1
sunshine [1] - 337:23super [1] - 482:25Superior [6] - 276:11;
369:14; 370:21; 378:9; 499:6
SUPERIOR [1] - 259:1supervisor [2] -
378:21; 401:16Supervisor [1] -
318:21supervisors [2] -
319:2; 472:6supplemented [1] -
321:18support [5] - 469:22;
470:13, 25; 471:4; 472:10
suppose [1] - 280:9supposed [3] -
361:17; 362:3; 447:10
Surfrider [1] - 314:22Susan [1] - 420:18sustained [6] - 284:3;
312:5; 338:8; 410:12, 25; 480:1
Sweetwater [1] - 270:15
swelling [1] - 437:23sworn [6] - 264:13;
317:22; 336:17; 368:6; 384:7; 480:16
synopsis [2] - 455:10system [3] - 406:22;
428:5systematic [3] - 344:8
TTab [11] - 412:1, 12;
413:17; 414:10, 20; 416:23; 418:5; 419:23; 422:12; 434:22; 436:24
tab [2] - 403:4; 444:7table [1] - 482:17tabs [1] - 367:5tail [1] - 480:4tale [1] - 444:9talks [1] - 484:11taught [2] - 318:17;
446:23TAYLOR [1] - 259:4teach [1] - 446:22teacher [2] - 318:12;
378:21teacher's [2] - 318:14,
16teaching [1] - 318:23tech [1] - 479:12technically [1] -
481:23technological [1] -
428:24telephone [7] - 340:5,
8, 12; 347:10; 349:22; 352:21
tem [1] - 499:5ten [8] - 283:13;
287:11; 304:20; 305:7; 319:25; 389:1; 415:21; 491:3
ten-year [1] - 415:21tender [1] - 322:6tenure [10] - 307:15;
325:5; 326:4; 327:22; 331:16; 333:18; 334:24; 335:18; 447:13; 450:6
term [5] - 320:9; 322:15; 428:25; 442:15; 482:10
terms [3] - 316:15; 440:17
Terry [1] - 437:17testified [25] - 264:14;
265:22; 266:16, 19; 273:9; 308:16; 311:16; 317:23; 336:18; 347:21; 354:10; 356:10; 358:5; 360:3, 24; 361:23; 362:10, 15, 24; 368:7; 384:8; 387:2; 467:2, 10; 480:17
testify [3] - 270:19; 355:5; 468:16
testifying [3] - 354:17; 355:18; 356:21
testimony [19] - 267:18; 294:13; 300:7, 10; 301:12; 332:20; 336:9; 371:13, 19; 372:11; 380:11; 391:12; 405:21; 414:1; 439:17; 440:8; 473:13; 474:19; 487:19
text [1] - 297:25that.. [1] - 474:12THE [456] - 259:1;
260:2, 12-13, 19; 263:15, 17; 264:4, 9, 11, 15; 266:1, 9, 11-12; 267:14, 17; 268:1, 5-6, 8-9, 13-14, 17, 20-21, 23-24; 269:6; 272:2, 5, 17, 20, 25; 273:6; 274:14, 16, 23, 25; 275:2, 8, 11, 15, 17, 25; 276:4, 9, 19, 23; 277:2, 6, 9, 14, 19; 278:1, 5, 7, 10;
279:16; 280:3, 15, 19, 25; 281:2, 6, 14, 25; 282:7, 9, 13, 18-19, 21, 24; 283:10, 12, 20, 25; 284:13, 21, 23; 285:3, 7, 10, 15, 20; 287:22, 25; 288:5, 12, 19; 289:3, 16, 18, 22; 290:1, 3, 8, 16, 19-20, 25; 291:3, 6, 21; 292:1, 17, 19; 295:24; 296:12; 298:8; 300:9, 12, 16, 18; 301:3, 6, 8-9, 24; 302:20; 304:18, 23-25; 305:3, 5, 10, 15, 17-18, 21, 23; 306:1, 3, 5, 15; 307:21, 23; 311:8, 10; 312:5; 313:20; 317:2, 4, 11, 14, 16-19, 24; 318:1, 3-4; 319:2, 4-6, 8, 10; 321:12; 322:6, 11-12, 25; 323:1, 11; 324:2, 9, 12, 16, 19; 327:9, 15-16, 20; 332:13; 333:2; 335:13; 336:3, 8, 13, 19, 21-24; 337:1; 338:8; 339:25; 340:4, 25; 341:3, 6, 11, 16, 23-24; 342:4, 6-8, 10, 13; 343:6, 9; 345:17, 19, 21; 347:4, 18, 20; 348:14, 16; 350:7, 9; 351:7; 353:23; 357:13, 17-18, 25; 359:13, 19, 22; 363:19, 23, 25; 366:3, 7, 9, 12-14, 18, 21, 25; 367:3, 7, 10, 13, 15, 22, 24-25; 368:1, 3-4, 23; 369:2, 7; 370:7, 10-11, 18; 371:11, 18; 372:3, 24; 373:12, 16, 21; 374:2, 6; 375:11, 17, 22; 376:3, 9; 377:15, 18; 378:2, 5, 7, 11, 13; 380:12; 381:25; 383:4, 9, 12, 15, 17, 22; 384:1, 3; 385:18, 23; 386:14, 19; 387:1, 5, 10, 15; 388:2, 6; 389:20, 22; 390:6, 8; 391:21, 23; 392:12; 393:24;
23
394:6, 9, 19, 24; 395:4; 396:12, 14; 398:14, 18; 400:21; 404:22; 405:17, 21; 407:7, 9; 410:12, 24; 411:3, 10, 12; 413:18, 25; 414:2-5, 8; 415:18, 20, 23-25; 416:13; 422:6; 424:5; 428:12, 14; 434:18; 435:14; 439:16; 440:5; 442:2-4, 7, 14, 16, 19-21, 24-25; 444:4, 9, 20, 24; 445:19, 22, 24-25; 446:8, 16, 18, 21-23; 447:3, 5; 448:22; 456:18; 457:2; 461:15; 464:19, 21-22, 24-25; 465:3-7, 9, 11-12, 14; 471:18, 20; 473:7, 9, 12, 22, 25; 474:3-5, 7-9, 14; 477:11, 16-18, 20; 478:4; 480:1, 4, 8-10, 12, 14, 18, 20, 22; 490:19, 21; 495:25; 496:3-6, 15, 19; 497:3, 7, 10, 12, 15, 18, 21; 498:3, 10, 12, 14, 18
thereafter [3] - 284:25; 444:21; 450:4
therefore [1] - 376:12therein [1] - 377:21thereof [1] - 499:22thinking [4] - 267:17;
301:4; 340:13; 424:22
third [6] - 276:8; 281:8; 336:15; 374:7; 417:11; 429:24
third-party [1] - 276:8THIS [1] - 263:15Thompson [2] - 499:5,
18THOMPSON [1] -
259:23three [13] - 328:2, 8;
350:12; 363:12; 365:7; 387:8; 417:10; 427:15; 430:23; 451:24; 461:8; 470:1; 476:9
THROUGH [4] - 259:7, 12; 263:8, 10
throughout [2] - 444:11; 466:10
throw [1] - 386:2tight [1] - 445:9TIMOTHY [1] - 259:4TO [2] - 263:16today [16] - 267:18;
282:2; 310:11; 328:7; 338:9; 354:16; 362:15; 407:1; 436:14; 458:18, 21; 460:18; 465:25; 466:17; 495:24; 497:3
together [3] - 339:23; 340:5; 379:6
tomorrow [7] - 496:2, 7-8, 21, 25; 497:13, 16
tongue [1] - 446:6took [6] - 343:23;
352:15, 20; 361:20; 450:18; 479:7
top [2] - 403:15; 415:17
topic [1] - 353:19topics [6] - 275:24;
342:24; 350:3; 353:2; 482:11
touched [1] - 273:18tour [3] - 298:12, 16toward [4] - 285:17;
355:22; 369:18; 420:15
towards [1] - 333:21training [7] - 326:11;
394:2, 17; 396:8; 486:22, 24
trainings [2] - 326:16, 18
transcribed [1] - 499:10
TRANSCRIPT [1] - 259:15
transcript [9] - 322:7; 369:3; 378:22; 392:9; 410:23; 443:24; 499:11, 21
transcription [1] - 431:25
transcripts [2] - 321:18; 460:16
transmit [2] - 463:19; 492:3
transmitted [3] - 285:1; 372:18; 450:23
transmitting [2] - 434:10; 495:9
transparency [1] - 308:4
transparent [1] -
381:5travel [2] - 276:8;
442:9traveling [1] - 304:17travelled [2] - 408:7;
415:14TRC [1] - 387:18trial [12] - 276:14;
277:10; 278:16; 280:20; 281:23; 283:19; 285:11, 14; 323:10; 387:17, 22
tried [4] - 266:6; 315:18; 316:18; 466:24
triggered [1] - 409:14trip [1] - 281:8true [15] - 283:16;
304:15; 306:23; 319:12; 320:8; 328:7; 390:12, 16-17; 392:17; 395:21; 401:23; 425:23; 488:13; 499:12
trust [1] - 497:4trustworthiness [1] -
279:5truth [6] - 279:13, 23;
280:2; 373:24; 377:20; 386:17
truthful [1] - 355:3truthfully [1] - 469:20try [9] - 282:3, 9, 11;
284:3; 293:22; 414:2, 4; 445:20; 496:21
trying [18] - 268:10; 276:2; 279:20, 22; 369:10; 384:20; 418:20; 440:14; 451:8; 452:2; 465:3; 468:2, 18; 469:21; 474:9; 477:1, 4
Tsukomoto [1] - 298:20
turn [67] - 271:15, 18; 272:21; 288:22; 290:5; 294:12; 295:16; 296:9, 20; 298:17; 299:18; 300:5; 302:4, 7, 11; 374:4; 385:8; 395:24; 399:25; 400:4; 403:4; 404:3; 407:16; 408:16; 411:18; 412:1, 17; 413:17, 23; 414:10, 20; 416:23; 417:13, 15-16; 418:3, 5;
419:3, 10, 23; 420:11; 421:3, 15; 422:12, 22; 423:12; 426:7; 427:4; 428:11; 429:6; 431:24; 433:3, 9; 434:22; 436:8, 24; 439:15; 443:6; 445:16; 449:8; 450:20; 453:3, 14, 25; 455:17; 475:5; 493:19
turn-in [1] - 417:15Turnball [1] - 374:20Turnball-Sanders [1] -
374:20turned [27] - 297:10;
309:9; 331:22; 376:20; 384:12; 401:19; 402:23; 404:12; 408:15; 411:13, 24; 412:19; 413:6, 13; 415:9, 25; 416:2; 417:15; 418:21; 441:23; 443:13, 20; 463:7, 25; 468:18; 473:1
turning [4] - 297:4, 11; 299:24; 455:11
two [33] - 278:10; 297:11; 298:24; 305:9; 326:20; 340:19; 347:21; 348:7, 9; 350:4; 351:15; 352:24; 354:23; 355:20; 361:1; 376:9; 388:19, 22, 25; 390:2, 24; 415:16; 423:4; 427:15; 430:23; 438:7; 440:24; 452:5; 473:23; 478:19; 490:1
two-and-a-half [1] - 415:16
two-page [1] - 390:24type [1] - 485:12typed [1] - 273:13types [1] - 485:13typewriting [1] -
499:10typical [3] - 286:22;
295:8; 322:20typically [7] - 287:9;
299:4, 16; 305:16; 314:20; 475:17
typos [1] - 432:2
UU.S [2] - 446:23;
492:24unable [2] - 401:14;
452:6unavailable [2] -
400:1, 3uncommon [1] -
489:22under [11] - 264:9;
266:21; 275:13; 276:11; 278:22; 304:25; 332:11; 368:2; 369:23; 401:4; 499:10
underlying [1] - 279:12
underneath [1] - 287:5
understood [6] - 330:18; 345:20; 410:1; 442:4; 446:11, 19
unfortunately [1] - 395:6
UNIDENTIFIED [1] - 297:13
Unified [1] - 481:21unity [3] - 350:12;
453:23; 476:8unknown [15] - 410:2;
424:19; 427:9; 433:8; 459:24; 460:3; 462:5; 464:13; 466:24; 467:4; 469:8, 14; 473:6; 479:16, 20
unsure [1] - 332:19untenable [1] - 387:22unwittingly [1] -
440:14up [58] - 280:8; 290:8;
291:3; 295:6; 298:3; 300:13; 301:17; 317:10, 20; 334:18; 339:15; 340:12; 341:1; 344:13; 348:2, 6; 351:18; 360:15; 366:20; 367:17; 379:4; 386:2, 9; 405:10; 409:4, 16; 413:7, 20; 430:4, 6, 19, 21-22; 431:2, 6; 435:4; 437:23; 438:13; 439:11; 440:9; 444:22; 447:4; 452:12, 24; 464:2; 467:7; 473:11;
24
483:20; 485:12; 488:24; 489:10, 12, 23; 491:24
update [1] - 496:9updates [2] - 489:22;
490:25UPLAND [1] - 260:6Uranga [1] - 297:18
VV-a-r-g-a-s [1] -
480:21vague [3] - 410:10;
440:16; 490:18vaguely [2] - 313:9;
483:15Vanessa [10] - 331:24;
413:8; 425:19; 437:24; 439:3; 441:9, 17; 449:17; 486:1; 492:9
Vargas [8] - 352:9, 24; 374:20; 480:14, 20; 481:3; 494:14
VARGAS [6] - 259:11; 260:12; 261:3; 262:1; 263:2; 480:15
variety [1] - 308:3various [6] - 264:23;
296:18; 310:17; 354:6; 355:7, 17
vegetation [1] - 353:15
Ventura [1] - 292:8verbal [1] - 462:13verbalize [2] - 365:23;
366:2verbally [1] - 311:2verbatim [9] - 455:10;
458:6, 11; 459:2, 16, 18; 462:19; 466:6; 468:13
verbiage [1] - 463:19verified [1] - 455:3verify [3] - 309:7;
401:14; 402:9version [7] - 358:12,
14; 371:14; 384:23; 403:2; 432:2, 8
versus [1] - 353:10via [7] - 320:2; 434:7;
438:25; 449:16; 482:3; 492:4; 493:23
vicinity [1] - 280:4VICTORIA [1] - 260:8video [23] - 321:5, 18;
399:15; 451:19; 452:10; 453:7; 458:17; 460:19, 23;
461:20; 462:1, 6; 464:7; 466:7, 9, 14; 467:1, 4, 13, 18; 469:17; 472:16; 473:5
videos [3] - 452:11; 466:8; 473:23
view [6] - 289:3; 353:5, 10; 360:16; 361:6
views [6] - 353:7, 9, 11, 14, 16, 18
violation [1] - 404:19vis-à-vis [1] - 496:9visit [2] - 409:6, 17visited [3] - 343:16, 19visitors [1] - 426:11Vista [2] - 352:19;
355:22visual [1] - 291:7Vlosky [1] - 423:16VLOSKY [1] - 423:16voiced [1] - 423:5voicemail [2] - 427:17;
428:6voir [2] - 287:21;
289:20volume [2] - 284:18;
357:14Volume [1] - 357:15voluminous [1] -
284:15voluntarily [1] -
471:22volunteer [1] - 345:25volunteers [1] -
309:15vote [3] - 395:13;
487:15, 17voted [7] - 302:24;
303:11, 15, 22; 374:14; 395:17; 487:21
voting [1] - 319:15vs [1] - 276:11VS [3] - 259:9; 261:2;
263:2
Wwait [14] - 327:16, 18;
341:21; 342:11; 345:17, 23; 398:14; 405:17; 413:18; 414:5, 7; 490:25
walk [1] - 290:8wall [2] - 353:14wall-to-wall [1] -
353:14Walsh [1] - 437:17
Wan [22] - 339:23; 340:4, 12, 19; 346:19; 349:2; 356:11, 15; 359:24; 360:13; 361:21; 367:13; 420:6; 421:8; 432:14; 434:6, 13; 435:1; 453:20; 461:3; 474:23; 478:22
Wan's [3] - 339:24; 357:3; 361:9
wants [1] - 359:19WARDENAAR [2] -
260:8; 264:8watch [17] - 459:3, 13;
460:22; 464:7, 11; 466:7, 9; 467:13, 18; 468:6, 13, 20; 469:7; 472:16; 473:4; 478:14
watched [22] - 443:18; 451:18; 462:6, 8; 464:23; 466:10; 467:5, 21, 24; 468:22, 24-25; 469:1, 4, 17; 473:7, 9; 478:18, 21; 479:4
watching [3] - 453:7; 459:12; 469:19
ways [2] - 272:5; 288:16
web [3] - 328:5; 452:7, 23
website [25] - 320:4, 16; 321:3, 5, 15, 17; 358:3, 6, 12; 379:18; 384:19, 24; 385:4; 386:14; 387:2; 399:5, 11, 17; 482:4, 9, 15, 23; 483:6, 8
WEDNESDAY [4] - 259:16; 261:5; 263:3
Wednesday [2] - 264:1; 383:1
weeds [1] - 335:22week [7] - 415:2, 4,
11; 416:3; 452:12; 454:12; 455:1
weeks [1] - 355:20WENDY [7] - 259:11;
260:12, 19; 261:3, 10; 263:2; 264:12
WHILE [1] - 263:17whole [4] - 371:11;
464:23; 478:14; 497:25
willfulness [2] - 394:20, 22
wind [1] - 300:13
window [2] - 446:14; 447:10
WINUK [1] - 260:21withdraw [2] - 338:17;
477:13withdrawing [1] -
363:23withdrawn [12] -
267:12; 294:2; 310:10; 322:3; 329:1; 368:11; 380:24; 399:14; 407:25; 408:19; 409:18; 477:19
witness [33] - 272:9; 275:4; 276:8; 278:25; 281:11; 282:4; 285:16; 288:25; 289:6; 291:9; 304:22; 317:5; 318:5; 336:5, 10, 15; 341:14; 353:22; 357:24; 366:17; 367:2, 9; 378:5; 383:4; 387:1, 14, 16; 394:2; 473:16; 480:13; 496:11
WITNESS [111] - 264:11; 266:2, 11; 268:1, 5, 8, 13, 17, 21, 24; 274:16; 278:5; 282:18, 21; 285:7; 290:19, 25; 292:19; 296:13; 298:9; 301:4, 8; 304:24; 305:5, 17, 21; 306:1, 5; 307:23; 311:10; 317:16, 18; 318:1; 319:4, 6, 10; 323:1; 324:19; 327:15, 20; 335:14; 336:21, 23; 340:4; 341:3, 23; 342:6, 8, 13; 343:9; 345:19; 347:20; 348:16; 350:9; 357:18; 359:14, 22; 366:13, 21; 367:3, 13, 25; 368:3; 369:7; 370:8, 11; 372:24; 373:12; 376:9; 378:7, 13; 390:8; 411:12; 413:19; 414:2, 4, 8; 415:23, 25; 416:14; 428:14; 442:3, 7, 16, 20, 24; 445:24; 446:8, 16, 21, 23; 447:5; 464:21, 24; 465:3, 5, 7, 11;
471:20; 473:9, 25; 474:4, 7, 9; 477:17; 480:9, 12, 20; 490:21; 496:3, 5
witness's [6] - 289:21; 340:24; 341:13; 386:16; 392:8; 461:16
witnesses [3] - 358:5; 497:8
WITNESSES [2] - 261:7
wonderful [1] - 426:17wondering [1] -
394:10word [7] - 308:21;
310:13; 450:12; 463:18
words [3] - 306:21; 330:9; 406:19
wordy [1] - 446:21works [1] - 446:1World [2] - 296:19;
297:20worse [1] - 440:15write [7] - 311:24;
312:1, 23; 386:9; 408:1; 470:21
writing [13] - 265:11, 14; 266:3, 5, 18, 21; 267:22; 311:3; 329:22; 365:15; 424:1, 8; 486:8
writings [1] - 279:3written [65] - 267:1;
321:7, 19; 330:22; 331:1, 12; 333:10, 14-15; 334:12, 21; 335:1, 19; 360:4, 8, 11; 361:16; 365:19, 22; 408:3; 416:7, 16; 418:3; 419:20; 421:7, 23; 422:8, 19; 423:18; 424:23; 425:3, 8; 431:12; 432:16, 19-20, 24-25; 433:6, 17; 436:5, 11, 17; 443:9; 444:14; 451:7; 452:21; 454:17, 20; 455:4; 467:7; 469:16; 474:20; 477:23, 25; 485:6, 10, 20; 488:10; 491:20; 492:14; 493:15, 18; 495:9
wrote [5] - 311:15, 20; 312:1, 17
25
Yyear [7] - 267:20, 25;
326:23; 333:22; 370:5; 415:21; 419:17
years [12] - 268:14; 318:17, 22; 327:4, 12; 334:4; 362:20; 451:24; 482:15; 485:23; 493:5
yesterday [15] - 264:10; 267:18; 271:17; 272:16; 273:5, 18; 290:10; 294:13; 295:20; 296:11; 300:7, 10; 304:1, 8; 309:17
yourself [4] - 371:5; 467:1; 477:6; 492:15
ZZadir [1] - 423:15ZADIR [1] - 423:16zoning [2] - 337:22