800 in the superior court of the state of … · 3/5/2018 · i'm sorry. q. does late 2016...
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
MONDAY, MARCH 5, 2018
APPEARANCES ON NEXT PAGE
LOIS MASON THOMPSON, CSR, RPR, CRRCSR NO. 3685
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801
APPEARANCES:
FOR THE PLAINTIFF 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
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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
MONDAY, MARCH 5, 2018 AM SESSION 804MONDAY, MARCH 5, 2018 PM SESSION 909
CHRONOLOGICAL INDEX OF WITNESSES
WITNESSES PAGE
MARK VARGAS CROSS-EXAMINATION (RESUMED) BY MR. JACOBS
805
REDIRECT EXAMINATION BY MR. BRIGGS
811
JAMES HOWELL,
DIRECT EXAMINATION BY MR. BRIGGS
823
CROSS-EXAMINATION BY MR. JACOBS
853
REDIRECT EXAMINATION BY MR. BRIGGS
879
RECROSS-EXAMINATION BY MR. JACOBS
898
KATHRYN BURTON,
DIRECT EXAMINATION BY MR. BRIGGS
900
KATHRYN BURTON CROSS-EXAMINATION BY MR. JACOBS
918
REDIRECT EXAMINATION BY MR. BRIGGS
950
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I N D E X
SPOTLIGHT ON COASTAL CORRUPTION VS. STEVE KINSEY; ERIK HOWELL; MARTHA MCCLURE; WENDY MITCHELL, MARK VARGAS
MONDAY, MARCH 5, 2018
EXHIBITS RECEIVED IN EVIDENCE
COURTS PAGE
764907
817 910
818 912
819 913
820 914
1260 952
1260 927
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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804
San Diego, California, Monday, March 5, 2018, AM Session
---000---
THE COURT: Good morning, folks. Nice to see
everybody again.
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: We are all set to start.
Is there anything else that needs to be taken
up before we resume?
MR. JACOBS: Your Honor, I just wanted to
advise the Court -- and I have advised Mr. Briggs on
Saturday -- that we will be adding -- we would like to,
and we intend to, with the Court's permission, add a
witness on Wednesday, Susan Hansch, who is the deputy
director of the Coastal Commission. Her testimony has
become necessary in light of some of the testimony that
was given on Friday (sic).
THE COURT: Okay. Well, we'll have to see
whether there's any objection to that, and if so, I
guess I'll have to resolve that.
MR. JACOBS: Okay.
THE COURT: Okay.
MR. JACOBS: But I did want to give everyone
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as much notice as possible.
All right. I thank you.
All right. Is it contemplated that Mr. Vargas
will resume the stand?
MR. BRIGGS: Yes, Your Honor.
THE COURT: Sir, kindly do so.
You remain under oath from last week.
MARK VARGAS,
Having been previously sworn by the Plaintiffs, resumed
the stand and testified further as follows:
THE WITNESS: Good morning, Your Honor.
THE COURT: Good morning, sir.
The examination may resume.
CROSS-EXAMINATION (RESUMED)
BY MR. JACOBS:
Q. Good morning, Mr. Vargas.
A. Yes, sir. Good morning.
Q. Do you have the binder with Exhibit 428 in
front of you?
A. I do.
Q. Okay. Please turn to Exhibit 428.
A. I have it here.
Q. So I believe on Friday we were beginning to
talk about the Banning Ranch matter.
What is your recollection as to when the
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commission addressed Banning Ranch?
A. I don't remember exactly when we had the
hearing, but I'm certain it was after this August 22nd
date.
Q. Okay. Do you have the binder with Exhibit 512
in front of you?
A. I do not.
Q. Okay.
THE COURT: My binders jump from 492 to 628,
and then to 764. It doesn't look like I have a binder
with 512 in it.
MR. JACOBS: And with apologies, Your Honor.
The box that's been marked as containing that exhibit
doesn't appear to contain it, so we are going to skip it
for now.
BY MR. JACOBS:
Q. Does late 2016 ring a bell in terms of when
the commission heard --
A. Yes. It was definitely in -- at the -- and I
apologize for jumping on top of your question.
Did you want to...
Q. Yeah. Please allow me to finish the question.
A. I'm sorry.
Q. Does late 2016 ring a bell in terms of when
the commission heard the application and decided whether
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to approve the application for the Banning Ranch
project?
A. Yes, that's correct. I'm pretty certain it
was later that same year but definitely after August.
THE COURT: While he's thinking of his next
question, when you are not serving as a coastal
commissioner, what do you do?
THE WITNESS: I am currently -- I work on a
lot of entrepreneurial projects. I use my time and my
capital to invest in new ventures.
THE COURT: Thank you, sir.
MR. JACOBS: With apologies, Your Honor.
Ms. Packard will be here shortly and things will proceed
more crisply once we have two people. So I apologize
for the delay.
BY MR. JACOBS:
Q. Mr. Vargas, have your practices in terms of
how you report ex partes changed over time?
THE COURT: And there's the aforementioned
Ms. Packard.
Good morning, Ms. Packard.
MS. PACKARD: Good morning, Your Honor.
THE WITNESS: Sir, no. They are generally --
my practice is -- I'm sorry.
Your question, to review again.
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BY MR. JACOBS:
Q. Whether your practices have changed over time
in terms of how you report ex parte communications.
A. Generally speaking, as I mentioned the other
day, I will review something that -- if somebody gives
me a draft of the disclosure, I will review it and edit
it, and that sometimes takes a few days to sit down and
get a chance to do that. But once I sign and date the
disclosure form, I generally turn it in on the same day.
Q. And have you noticed -- so since the changes
that went into effect in 2016, have you observed any
changes generally with ex partes at the
Coastal Commission in terms of how efficiently they are
processed or recorded?
A. Yes, I have.
Q. What have you noticed?
A. On the staff side, I noticed that when we send
an ex parte disclosure in to the new email address, we
usually get a -- well, not usually, I think almost
always get a confirmation email post the August 2016 new
rules.
Q. And did you consistently receive a
confirmation email before the August 2016 changes went
into effect?
A. I don't think so.
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Q. Please turn to Exhibit 432.
A. Okay.
Q. So on Friday (sic) you discussed Exhibit 432
with Mr. Briggs.
I'd like to show you Exhibit 1146.
Are you able to tell us what Exhibit 1146 is?
A. 1146 looks like a receipt of my email. It
looks like an email header showing that I -- that
Jeff Staben forwarded over to Allison Dettmer and
Tom Lester.
Q. On what date, sir?
A. August 16th. So is that June 8th? Yeah.
June 8th.
Q. Is there anything attached to the email
message?
A. It seems like it is -- well, it's a PDF file,
and it has the title "Poseidon Desalination Project
Design Approval, M. Vargas, 06-08-16 Disclosure."
Q. Is that the same disclosure form --
THE COURT: Can I just stop you? Because I
don't have a binder with 1146 in it.
MR. JACOBS: So, Your Honor, for the
defendants' exhibits generally, with a few exceptions,
we are -- we have one set of binders, so there's a
physical copy for evidence. There is -- there are
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810
electronic copies, and we have provided the Court with a
laptop that has the electronic copies of both the
plaintiff's and the defendants' exhibits.
This exhibit, I should note the original copy
that we provided electronically was -- our database
misprinted the second page.
And so the copy the witness is looking at is
the corrected second page. I think the Court's laptop
may have something that looks like the disclosure form
but it is sort of gobbledegook as that exhibit number,
and we will replace that.
THE COURT: So I shouldn't bother clicking on
the icon?
MR. JACOBS: Well, Your Honor will see the
transmitting email and Your Honor will see the attached
form, but the attached form didn't print correctly. So
we will replace that for the Court.
We just noted it essentially over the weekend
and have replaced it for the witnesses' binder, and I
advised Mr. Briggs that we were doing so.
So the Court understands, there are a large
number of documents, and I think everyone tried to print
everything as accurately and completely as possible, but
along the way we have identified a few problems here and
there. So we're trying to correct those.
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THE COURT: Yes. Well, it's hard to follow
the examination without -- I mean, you wanted him to
look at 432 and 1146 in tandem. I can only look at half
of that.
MR. JACOBS: I understand, Your Honor. I
apologize for the inconvenience to the Court.
THE COURT: Go ahead with your examination.
MR. JACOBS: Thank you, Your Honor.
Your Honor, I don't have any other questions
for Mr. Vargas.
THE COURT: Okay. Thank you.
Mr. Briggs.
REDIRECT EXAMINATION
BY MR. BRIGGS:
Q. Mr. Vargas, are you still looking at 1146?
A. I am.
Q. You are not listed as one of the parties who
sent that email; correct?
A. I am not.
Q. And you are not listed as one of the
recipients; correct?
A. No. That's correct.
Q. And there's nothing on the cover email that
actually refers to an attachment; right? The word
"attachment" doesn't appear on the cover email; correct?
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A. It does not look like that word "attachment"
is on there.
Q. You have not seen that email before today;
correct?
A. No, I have not.
Q. Okay. Last week -- well, let me ask you this:
At least until the time this lawsuit was filed, did you
think the public should have viewed you as an honest
coastal commissioner?
A. I think the public should always view their
commissioners as honest commissioners.
Q. You in particular?
A. Certainly.
Q. Okay. And that is from the period of time you
began as a commissioner until today? Yes?
A. That's correct.
Q. Okay. Prior to the lawsuit, would the public
have been justified, in your mind, in taking you at your
word when you made statements at Coastal Commission
meetings about your ex parte meetings?
A. Could you repeat that question again.
Q. Yeah.
Before this lawsuit was filed, would the
public have been justified in taking you at your word
when you made oral statements about your ex parte
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communications?
A. I think so.
Q. Before this lawsuit was filed, would the
public have been justified in believing that your
failure or your nondisclosure of material information
about a particular project meant that you had no
material information to disclose?
A. You are going to have to repeat that. I'm
sorry.
Q. Let me try to say it a different way.
Before this lawsuit was filed, would it have
been reasonable for the public to assume that you didn't
have any material information about a project to
disclose if in fact you had not done a written or oral
disclosure making that information explicit?
A. I think that's reasonable.
Q. Okay. For your ex parte communications that
were the subject of a written or oral disclosure, how
would any nonparticipant know about the communications
if they were not present?
MR. JACOBS: Objection, Your Honor.
Foundation. Calls for speculation.
THE COURT: Overruled.
You may answer.
THE WITNESS: So, again, I'm not following.
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Could you one more time.
MR. BRIGGS: Sure.
BY MR. BRIGGS:
Q. For those ex parte communications that you
disclosed either orally or in writing, how would any
nonparticipant know what transpired during that ex parte
communication if they weren't present?
A. They would know by either reading the
disclosure form or hearing the disclosure on the mic.
Q. And that's the only way they would know if
they weren't participants; correct?
A. It's the only way they would know what?
Q. What transpired during the ex parte
communication.
A. That's correct.
Q. Okay. In your mind, is there a difference
between paraphrasing a conversation and quoting the
conversation verbatim?
A. In my mind, is there a difference between
paraphrasing or quoting verbatim?
Q. Yeah.
A. Yes.
Q. What's the difference in your mind?
A. Quoting something verbatim is quoting
something exactly word for word.
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Q. Okay.
A. And paraphrasing is not quoting something word
for word.
Q. Paraphrasing is usually summarizing; is that
fair?
A. Not necessarily.
Q. Do you think that paraphrasing gives a full,
complete, comprehensive account of the subject matter
being paraphrased or would that be done through a
verbatim statement?
MR. JACOBS: Objection. Vague. Lacks
foundation. Calls for speculation.
THE COURT: Overruled.
You may answer.
THE WITNESS: Would you mind repeating it
again.
BY MR. BRIGGS:
Q. Do you think that you could provide a full,
complete, comprehensive disclosure if you were merely
paraphrasing the conversation?
A. Yes.
Q. So do you distinguish between verbatim and
paraphrased disclosures when you describe them?
A. So we have to understand the context, I think,
of your line of questioning.
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And when we talk about verbatim, I assume you
are talking about my notes on my disclosure form.
Q. We're getting there.
A. And that is me verbatim reading the disclosure
form.
Now, me paraphrasing the disclosure form does
not mean that I'm not fully disclosing the ex parte
communication. It just means that I'm using other
words.
Q. But --
A. Not verbatim of the written text on the
disclosure, but I'm still giving a full disclosure.
Q. Okay. So last Thursday I asked you if you
recalled certain disclosures. You didn't recall them.
Then we took a break. You refreshed your recollection
by looking at some notes.
When you came back and Mr. Jacobs was asking
you questions, you had refreshed your recollection and
you were testifying based on notes you had on your
phone; correct?
A. Correct.
Q. You are not testifying from your phone right
now, are you?
A. I am not.
Q. And you don't have your notes in front of you;
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correct?
A. I do not.
Q. In those notes, you prepared them the night
before you were on the stand, last Wednesday; correct?
A. That's correct.
THE COURT: This was the Excel spreadsheet?
MR. BRIGGS: Yes, Your Honor.
THE COURT: And you didn't receive that?
MR. BRIGGS: I did receive that, yes.
THE COURT: Thank you.
Proceed.
BY MR. BRIGGS:
Q. And when I looked at the metadata on your
file, it appeared that you had spent about three hours
from the time you started, opened the spreadsheet to the
time you last saved it; is that fair?
A. That sounds about right.
Q. Okay. And on that form, you looked at the --
your oral disclosures for what are reflected in
Exhibits 390, 392, 396, 397 through 400, 403
through 408, 410, 411, 412, 414 through 417, 425 and
426, 430, 437, 438, and 442.
Does that sound about right?
A. I'll have to take your word for it.
Q. Okay. And on your notes that you were writing
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yourself, sometimes you would describe a disclosure as
verbatim, and sometimes you described it as
paraphrasing; correct?
A. Not correct.
Q. You didn't write the word "paraphrased"?
A. I did write that word, yes.
Q. And the notes, you prepared with your own
hand; right?
A. That's right.
Q. And sometimes you wrote "verbatim"?
A. I believe I wrote "read almost verbatim."
Q. Okay. And sometimes you wrote "read almost
verbatim" or "paraphrased but almost verbatim"; right?
A. Right.
Q. So, in your mind when you were writing these
notes, you recognized that some of those disclosures
were paraphrased and some of them were verbatim;
correct?
A. Again, read almost verbatim.
Q. Well, sometimes you just said "paraphrased"?
A. Correct.
Q. So, in your mind, when you were writing these
notes, you thought there was a difference. Last
Wednesday night sitting at your computer typing notes,
you thought there was a difference between paraphrased
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and verbatim; correct?
A. Again, I wrote "read almost verbatim."
Q. Did you think there was a difference, last
Wednesday night when you were typing your notes, between
verbatim and paraphrased, "yes" or "no"?
A. Yes.
Q. Okay. And you would agree that a verbatim
disclosure provides more information than a paraphrased
disclosure; correct?
MR. JACOBS: Asked and answered.
THE COURT: Overruled.
You may answer.
THE WITNESS: No.
BY MR. BRIGGS:
Q. So if paraphrased and verbatim provide the
same information, why did you alternate in your
descriptions on your notes during the same note-taking
session last Wednesday night?
MR. JACOBS: Misstates the testimony and
argumentative.
THE COURT: Sustained on other grounds. The
"why" during testimony during the case, not relevant.
MR. BRIGGS: Okay.
THE COURT: The "why" might be relevant
relative to the time frame in question, but not during
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the trial.
MR. BRIGGS: Okay.
BY MR. BRIGGS:
Q. Did you think when you were watching your
notes -- sorry -- when you were watching the videos,
that at the time that you made the disclosures you
watched, that your -- those that you described as
paraphrased did not provide the same amount of
information as those that you described as verbatim?
A. No.
Q. So why do you describe them -- why do you use
the two different terms?
MR. JACOBS: Again, asked and answered several
times, I believe.
THE COURT: Overruled.
You may answer.
THE WITNESS: So the purpose of the
spreadsheet that you have was for me to look at the --
or to hear the video disclosures while looking at the
exhibits and to see whether they were comparatively
verbatim as to the disclosure form itself. So whether
or not -- I don't think there was any instance on the
video microphone disclosures where I left out
information. It's just that they were not verbatim to
the written disclosure. I may have dropped a word here
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or there, but the information of the ex parte itself was
disclosed.
BY MR. BRIGGS:
Q. When you were testifying last week looking at
your phone, is it true that, apart from the notes on
your phone, you didn't have an independent recollection
of any of those ex parte disclosures?
A. Mostly, yeah. That was the point of the
exercise.
MR. BRIGGS: Your Honor, I don't have any
further questions of this witness.
THE COURT: Thank you.
Anything further?
MR. JACOBS: Nothing further.
THE COURT: Thank you, sir. You are excused.
THE WITNESS: Oh, wow.
THE COURT: The next witness, if you please.
MR. BRIGGS: Erik Howell.
THE COURT: Deputy, would you see if
Mr. Howell is in the corridor. Thanks ever so much.
THE BAILIFF: No response, Your Honor.
MR. JACOBS: Your Honor, I know that
Mr. Howell is in town, and I was expecting him here at
9:00 this morning. I'm happy to step out and call him
on the phone.
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822
THE COURT: Well, why don't you?
(Break in proceedings.)
MR. JACOBS: Your Honor, Mr. Howell is in the
building, and he will be here momentarily.
THE COURT: At least he's in the arena.
That's good.
Mr. Howell, come forward and be sworn.
THE WITNESS: Thank you, Your Honor. I'm
sorry for my tardiness. I got a little bit lost.
THE COURT: Stop right there and raise your
right hand. Thank you.
JAMES HOWELL,
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: James Erik Howell, H-o-w-e-l-l.
THE COURT: Typical spelling of Eric with a C?
THE WITNESS: Oh, I'm sorry, Your Honor. With
a K.
THE COURT: With a K. E-r-i-k.
THE WITNESS: Yes, Your Honor.
THE COURT: All right. Thank you.
All right. You may inquire.
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DIRECT EXAMINATION
BY MR. BRIGGS:
Q. Good morning, Mr. Howell.
You are currently a coastal commissioner;
right?
A. I am.
Q. You became a coastal commissioner in 2014?
A. Yes, I did.
Q. Are you member of the California State Bar?
A. Yes.
Q. When were you sworn in as a lawyer?
A. '93, '94.
Q. Okay. Do you hold any public offices at this
time?
A. I do.
Q. Which ones?
A. I'm a member of the Pismo Beach City Council.
Q. And how long have you held that office?
A. Recently passed my five years.
Q. Thank you.
Any other public offices that you have held
besides city council?
A. I was on the school board for the Lucia Mar
Unified School District.
Q. Is that L-u-c-i-a, new word, M-a-r?
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A. It is.
Q. Okay. No other public offices that you have
held; correct?
A. None.
Q. Other than the Coastal Commission, as we
mentioned.
Is your email address [email protected]?
A. Yes.
Q. And you remember bringing some email to your
deposition that we took in this case a few months back;
correct?
A. Yes.
Q. You printed out some emails?
And those were all between you and Sara Wan;
correct?
A. I believe so.
Q. Do you recall looking for emails between you
and anyone else with whom you would have had an ex parte
communication and finding them?
A. I looked pursuant to the discovery request.
Q. Okay. And the only email account that you
would have been using as a coastal commissioner for your
ex parte communications is the [email protected]
account; right?
A. On occasion I get emails at my city email.
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Q. Okay. You didn't produce any emails from that
account concerning ex parte communications; correct?
A. I think -- I don't know if I did or not.
Q. Okay. Have you ever heard the term "official
record" as it pertains to Coastal Commission
proceedings?
A. Yes.
Q. Do you have an understanding of what the term
"official record" means with regard to
Coastal Commission proceedings?
MR. JACOBS: Objection. Relevance.
THE COURT: Overruled.
You may answer.
THE WITNESS: I think I have a general
knowledge.
BY MR. BRIGGS:
Q. And what does your general knowledge tell you?
A. That it would be all of the information
related to a project, to an application.
Q. And those things that are related to the
project, your experience has been that that information
is posted on the Coastal Commission's website a few days
before the hearing on the project in question; correct?
A. Some of that information is.
Q. Is there information that's not posted to the
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website that you are aware of?
A. Yeah.
Q. For a given project?
A. Yes. I could give an example.
Q. Like what?
A. Okay. I'm from Pismo Beach, the Oceano Dunes.
It's been -- it's been in front of the commission for
40 years. And when I visited the office up in
Santa Cruz, there was boxes and boxes of correspondence.
And it's from 40 years ago. And when we recently heard
that the Dunes in Cambria, it wasn't there.
Q. Okay. Other than that example, are you aware
of any other instances when material in the official
record for a project was not included on the website for
the project -- for the meeting on the project?
A. Then I guess I don't understand what you mean
by "official record."
Q. Well, how do you access materials for
Coastal Commission meetings?
A. Before a project, I typically access it
online.
Q. Okay. And when you do that, your expectation
is that all of the pertinent information for the
decision that will come before you as a commissioner is
available online; correct? At least as of the time you
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are on the website; correct?
A. I believe the relevant information that staff
believes I need to make my decision will be there.
Q. Okay.
THE COURT: Stop.
Before we go any further, sir, you practice
law in addition to your duties as a commissioner and a
city councilman?
THE WITNESS: Rarely.
THE COURT: Did you?
THE WITNESS: Yes. Yes.
THE COURT: What was the nature of your
practice when you were practicing?
THE WITNESS: Your Honor, I live in
Pismo Beach. So I grew up there. I do many things.
This next week, I guess, I'm doing criminal law. And I
have done some civil law.
THE COURT: So criminal defense?
THE WITNESS: On occasion, yes.
THE COURT: You have done what else?
THE WITNESS: I have done medical malpractice.
THE COURT: So was your practice, when it was
active, court based or office based or both?
THE WITNESS: Both. Predominantly court
based, Your Honor.
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THE COURT: Okay. Thank you.
Sorry. Go ahead.
It helps as to my understanding of the
witness's background.
MR. BRIGGS: No problem.
A friendly request: You're a little bit off
your mic, and with the construction background in the
back, I'm straining to hear you.
THE COURT: Yes. Thank you.
You are quite right. There is jack hammering,
pile driving associated with the MTDB's brilliant
decision to construct a trolley stop between the new
courthouse and the Hall of Justice.
MR. BRIGGS: Thank you.
THE COURT: Too bad the Coastal Commission did
not hold forth on that, he said in jest.
MR. BRIGGS: Everyone is laughing.
THE COURT: It's a disaster. And it's quite
loud.
You are quite right, Mr. Briggs, to point that
out.
Go ahead.
MR. BRIGGS: Thank you.
BY MR. BRIGGS:
Q. Do you recall me asking you during your
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deposition prior to hearings how you get your copy of
the record as it exists at that time?
Do you remember the question?
A. Yes.
Q. Did you remember telling me that you go
online?
MR. JACOBS: Your Honor, might we have the
page and line references, please.
THE COURT: What's the objection?
MR. JACOBS: That counsel has not --
THE COURT: Improper cross.
MR. JACOBS: Improper cross.
THE COURT: Sustained.
Let's have the deposition page and line,
please. That's not a proper cross-examination.
BY MR. BRIGGS:
Q. If you look --
MR. BRIGGS: Whoops. Let me bring it to you.
THE COURT: Thank you, sir.
Stand by one second.
For your reference, Madam Clerk, the
deposition in question was taken October 6th, 2017.
All right. Go ahead, Mr. Briggs.
MR. BRIGGS: Your Honor, I would like to read
from Page 32, Lines 4 through 12.
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830
MR. JACOBS: Your Honor, it's not clear to me
that's really impeachment.
THE COURT: I don't agree.
You may read.
MR. BRIGGS:
"Question: How do you get the record --
prior to the hearings, how do you get your
copy of the record as it exists at that time?
"Answer: I go online.
"Question: To the Coastal Commission's
website; correct?
"Answer: Yes.
"Question: So you access information the
same way the general public does, online;
correct?
"Answer: I do."
BY MR. BRIGGS:
Q. Mr. Howell, do you know what an ex parte
communication is in the context of the
Coastal Commission?
A. I have a general knowledge of it, yes.
Q. Okay. And you have been on the dais and
received training on ex parte communications during
Coastal Commission open sessions; correct?
A. I don't know if I would use the term
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"training." We have had presentations, yes.
MR. BRIGGS: Your Honor, I would like to read
from Page 54, Lines 10 through 14.
THE COURT: You may read.
MR. BRIGGS:
"Question: Let's be clear about
something. You have been on the dais and
received training on ex parte communications
from attorneys during open session; correct?
"Answer: Yes, certainly. Some of them."
BY MR. BRIGGS:
Q. When did you first learn about the ex parte
rules that apply at Coastal Commission meetings?
A. I believe soon after I was appointed to the
commission.
Q. Okay. So sometime in 2014?
A. Yes.
Q. Okay. And what is your understanding of what
an ex parte communication is?
A. I believe an ex parte is a conversation
related to an application that takes place outside of a
commission meeting between commissioners and interested
parties without staff present.
Q. Okay. And when you were on the dais receiving
training, you were always awake and paying attention;
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832
correct?
A. I'm fairly confident. I'm always awake.
Q. And paying attention?
A. Yes.
Q. Okay. Do you think that anything you learned
during the public sessions was incorrect? And I mean
concerning the ex parte trainings?
A. I can't remember.
MR. BRIGGS: Your Honor, I would like to read
from Page 62, Lines 7 through 9.
THE COURT: You may read.
MR. BRIGGS:
"Question: Do you think that what you
learned during the public sessions was
incorrect?
"Answer: No."
BY MR. BRIGGS:
Q. Are you aware of what's known as the Friends
of the Canyon ruling that was a lawsuit in Orange County
Superior Court decided in September of 2016?
A. Yeah, yes. I believe so.
Q. Did you ever read that decision?
A. Fully? No. I don't believe I did.
Q. Are you aware of any of the factual assertions
in that decision about how you handled your ex parte
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833
communications on that project?
A. No. Generally I read portions of the
decision, but I can't point to what the decision said
related to me.
Q. Okay. Have you ever heard the term
"exhaustion of remedies"?
A. Yes.
Q. What's your understanding of what it means to
exhaust remedies?
A. That an aggrieved party must go through all of
the administrative remedies before they can go to court
for redress.
Q. You, as a decision-maker at the
Coastal Commission, expect members of the public who are
concerned about a matter to tell you about their
concerns, whatever they know about; correct?
A. Excuse me?
Q. As a coastal commissioner, you expect members
of the public who are concerned about projects to come
forward and tell you their concerns, tell you everything
that concerns them about a decision you are being asked
to make; correct?
A. Oh, I would hope so.
Q. And the reason you want them to tell you is
because you don't have a crystal ball; right?
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834
A. No.
Q. That's not right or you don't have a crystal
ball?
A. I don't have a crystal ball.
Q. Is it your understanding that members of the
public get access to the materials in the record for a
project the same way that you do, namely, by going to
the commission's website a few days before the hearing
on a project?
MR. JACOBS: Object that the word "the record"
is used in the question. Calls for a legal conclusion
and is vague and ambiguous.
THE COURT: Overruled.
You may answer.
THE WITNESS: I would assume that the members
of the public by and large access information the same
way I do.
BY MR. BRIGGS:
Q. If the public is not aware of an aspect of a
proposal that the commissioners are aware of, would you,
as a commissioner, expect a member of the public to
nevertheless address that aspect of the proposal if he
or she didn't know about it?
MR. JACOBS: Calls for speculation.
THE COURT: Overruled.
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835
You may answer.
THE WITNESS: No.
BY MR. BRIGGS:
Q. You wouldn't expect them to make an issue out
of something they are unaware of; correct?
A. Of course not.
Q. Okay. You haven't deleted any of your emails
concerning ex parte disclosures going all the way back
to when you first became a commissioner; correct?
A. I don't believe so.
Q. Do you know who Sara Wan is?
A. I do.
Q. Who is Sara Wan?
A. A former chair of the Coastal Commission.
Q. Does she do any advocacy before the
Coastal Commission now?
A. I believe she does; she was recently.
Q. Have you done any ex parte communications with
Sara Wan?
A. I have.
Q. Do you know who Frank Angel is?
A. I do.
Q. Who is Mr. Angel?
A. He's a colleague of Sara Wan's.
Q. Have you done any ex parte communications with
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836
Mr. Angel?
A. I believe one. But if you told me there was
two or three, I might believe it.
Q. And do you know who Susan McCabe is?
A. I do.
Q. Who is Ms. McCabe?
A. She's a consultant.
Q. She also gets paid to advocate for interested
persons before the Coastal Commission; correct?
A. I believe so.
Q. And her company is McCabe & Company?
A. That's -- yes, that's my understanding.
Q. And Anne Blemker, one of her associates?
A. I think she works for Susan.
Q. And you have had ex parte communications with
Ms. McCabe or Ms. Blemker?
A. I have.
Q. Donald Schmidtz, do you recognize that name?
A. I do.
Q. Is he also a paid advocate before the
Coastal Commission?
A. I believe so.
Q. Okay. You have had ex parte communications
with Mr. Schmidtz?
A. Yes.
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Q. Does the name David Neish sound familiar to
you?
A. It does.
Q. Do you know two Dave Neishes?
A. I know the Neishes, yes.
Q. Junior and Senior; correct? Yes?
A. Yes.
Q. They are also paid advocates before the
Coastal Commission?
A. Yes. I believe so.
Q. How about Jared, J-a-r-e-d, Ficker,
F-i-c-k-e-r, at California Strategies, does that name
sound familiar?
A. The name sounds familiar.
Q. Have you had any ex parte communications with
Mr. Ficker?
A. I don't believe so, but I might have, but it
would have been a long time ago.
Q. How about Stanley Lamport, does that name
sound familiar?
A. It does sound familiar.
Q. As an advocate before the commission?
A. I believe so.
Q. Have you had any ex parte communications with
Mr. Lamport?
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838
A. I may have, but I think it's been some time.
Q. How about Andriette Culbertson, does that name
sound familiar?
A. It does.
Q. Have you had any ex parte communications with
Ms. Culbertson?
A. I think two.
Q. Overall since you have been a coastal
commissioner, how many ex parte communications have you
had that you did not disclose orally or in writing?
A. None.
Q. Can you tell me what your practice has been in
terms of filling out ex parte disclosure forms? Do you
fill them out yourself, or does somebody else do them
for you?
A. It depends on -- typically, I fill them out
myself. But some of the consultants, after the
ex parte, will send a rehash of what was discussed to be
reviewed for accuracy and additions before it gets sent
on.
Q. Do you ever use the forms they send you?
A. I have.
MR. BRIGGS: Your Honor, I would like to read
from Page 100, Lines 8 through 12.
MR. JACOBS: Your Honor --
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839
MR. BRIGGS: I'll withdraw that. I'll
withdraw that.
THE COURT: Yes.
MR. BRIGGS: Withdrawn.
BY MR. BRIGGS:
Q. How have you -- what has been your practice
for transmitting your written disclosures to the
Coastal Commission? How would you get the form to the
office?
A. Often I would mail them.
Q. With snail mail or Postal Service, or do you
mean electronic mail?
A. They are all snail mail. But it's not
electronic. I would send them from Pismo Beach,
typically.
Q. And have you used email at all?
A. I have.
Q. When did you start using email?
A. I think I gradually started using email when
one Coastal Commission came up with a form that seemed
to be more conducive to doing that.
Q. Okay. Did you ever do anything to verify that
the Coastal Commission in fact received disclosures that
you sent to the executive office?
A. No.
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Q. Has it been your practice to sign the written
ex parte disclosure forms?
A. Yes, typically. Certainly when I am at home
handwriting them, of course I would. But with the
emails, not so much. I'm not very good with technology,
and I couldn't figure out how to get my signature on the
electronic form.
Q. Do you think that the public should regard
you -- when you are making statements from the dais at a
Coastal Commission meeting, should regard you as an
honest public official?
A. I would hope so.
Q. Have you always been fully candid with the
public about what you know on a project?
A. Yes, I believe so.
Q. You have never withheld any material
information about a project that you had that wasn't --
let me ask it a different way.
When you had an ex parte communication, you've
never withheld any information that you thought was
material in your oral and written disclosures; right?
A. No.
Q. So if the public saw one of your written
disclosures before a hearing or heard one of your oral
disclosures at a hearing, they should be entitled to
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take that disclosure at face value; correct?
A. Yes.
Q. Before this lawsuit was filed, do you think
the public had any reason to be dubious about the --
about the information that you disclosed from your
ex parte communications?
MR. JACOBS: Foundation. Calls for
speculation.
THE COURT: Overruled.
You may answer.
THE WITNESS: I don't know why the public
would, no.
BY MR. BRIGGS:
Q. Okay. What's your understanding of the
information that needs to go into an ex parte
disclosure?
A. Off the top of my head, who you are meeting
with, what -- the substantive discussions that are
taking place, and the information that is being
provided, where you are meeting and the time and date.
Q. What's your understanding of the ex parte
rules as they relate to written materials that you cover
during your ex parte communications?
A. They need to be provided to staff.
Q. Okay. Did you ever review written materials
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during any of your ex parte communications?
A. Yes.
Q. Did you ever do anything to verify that those
written materials were in the record for the project?
A. I didn't need to. The written materials
provided in ex partes always end up as part of the
presentations.
Q. Did you do anything to verify that the written
materials that you reviewed during your ex parte
communications were already in the project's file or in
the project's record?
A. No, I didn't verify.
Q. Mr. Howell, I'm going to attempt to shortcut
some of the questions today.
You have Exhibits 26 through 45.
Let me get those for you.
Take a look at Exhibits 26 through 45, please.
Have you looked at those, Mr. Howell?
A. I have.
Q. Okay. I'm going to ask you a collective
question, hopefully to accelerate this morning's
testimony.
These exhibits, 26 through 45, they are your
written ex parte communication disclosures; correct?
A. Yes.
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Q. You had an opportunity to review all of those
during your deposition in this case; correct?
A. Yes.
Q. For those disclosures, do you independently
recall any portion of the specific ex parte
communication apart from what's shown in the exhibit?
A. Yes.
Q. Okay. For which exhibits do you recall
something that's not disclosed on the exhibit?
A. Excuse me? I guess I misunderstood your
question.
Q. Let me ask it again.
I'm trying to find out whether there's
anything about the ex parte communications disclosed in
Exhibits 26 through 45 that you independently recall
right now that's not reflected in those disclosures. In
other words, do those disclosures tell us everything you
recall about those ex parte communications?
MR. JACOBS: Your Honor, I would object that
this calls on the witness to have in mind dozens of
exhibits at the same time, which is not a reasonable
request of the witness.
THE COURT: I don't think it's dozens.
Overruled.
You may answer.
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THE WITNESS: Again, I'm confused.
THE COURT: I actually think, Mr. Jacobs --
sorry to interrupt -- that Mr. Briggs is reacting to the
Court's concern expressed last week about going over the
same stuff over and over again. And I appreciate his
effort to shortcut the presentation.
Go ahead and answer if you have the question
in mind, sir.
THE WITNESS: Thank you, Your Honor.
So I guess I don't understand the question.
Certainly I remember some of these ex partes,
and I remember them well. The first one that's here is
Brian Lecont.
THE COURT: L-e-c-o-n-t?
THE WITNESS: -- c-o-n-t, yes, Your Honor.
So I know Brian well. I mean, this is right
next door to Pismo Beach. So what we talked about is
reflected in this in terms of the relevance to the --
BY MR. BRIGGS:
Q. So what I'm trying to find out is whether
there's anything about the ex parte communications that
are reflected in these exhibits that you didn't actually
put into the disclosures. Did you leave anything out,
in other words?
A. Oh, related to the project?
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Q. No. Related to the ex parte communications.
Did you leave anything out of Exhibits 26 through 45?
A. Not related to the projects.
Q. What information did you leave out that was
unrelated to the projects?
A. We had lunch.
Q. Okay.
A. We talk -- yeah, I mean, we're friends.
Q. Okay. So information that didn't have to do
with the project itself, you wouldn't have included?
Like what restaurant we went to, or, you know, we had
small talk about the kids and work before we talked
about the project. You'd leave out the small talk and
stuff; right?
A. It seemed most efficient, yes.
Q. Okay. But in terms of what you discussed
about the project itself, all of the information that
you recall is reflected in Exhibits 26 through 45;
correct?
A. Yes, to my recollection.
Q. Okay. For each of these that makes a
reference to a PowerPoint or to written materials --
actually, you've answered that. I'll take that question
back.
For any of those exhibits, 26 through 45, do
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you recall a corresponding oral disclosure? And let me
refer you to Exhibits 46 through 78 to refresh your
recollection.
In the binder that you have before you, sir,
you may get to the end without getting to Exhibit 78, so
I have put the next binder to your immediate left.
A. Okay.
Q. Okay. The last request, sir, is whether you
recall -- for the written disclosures, do you recall a
corresponding oral disclosure. And if so, which exhibit
is the corresponding oral disclosure? Have you had a
chance to prepare those two sets of disclosures?
A. No, I haven't. I thought the question was to
look and see if there were some.
Q. Okay. Have you looked at all of those
exhibits up through 78 now?
A. I have.
Q. Okay. Are there any written disclosures for
which you believe there's a corresponding oral
disclosure?
A. I do.
Q. Okay. Which written disclosures do you think
have a corresponding oral disclosure? For now, just
give me the number and then we'll go over them.
A. Okay. The ones that -- they are not in order.
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So the ones that jump out at me are 51.
Q. 51 corresponds to which oral?
A. To -- 51 is the oral.
Q. Okay.
A. And then it corresponds to -- I think I saw
corresponds to 27, 33.
Q. Corresponds to which one?
A. To 51.
Q. Okay.
A. And I think 51 and 52 are the same.
Q. Okay. So 27 and 33 both correspond to --
sorry -- Exhibits 27 and 33 both correspond to
Exhibit 51, yes?
A. I believe so.
Q. And if you would be kind enough to look at
Exhibit 52, Exhibit 52 is the same as Exhibit 51, except
your attorney and I, before trial, noticed a typo. The
word "major" should have been "mayor."
Does that sound right to you?
A. It is Mayor Peterson, yes. The former mayor
of Grover Beach.
Q. Is it -- well, let me now have you focus on
the oral disclosures which are 46 through 78. And I'm
going to ask you some collective questions to try to
keep moving along.
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First, these are your oral ex parte
communication disclosures; correct? 46 through 78?
A. Yes, I believe so.
Q. Okay. And, again, with the exception of those
that have some typo corrections, we reviewed all of
those disclosures during your deposition; correct?
A. I believe so, yes.
Q. Okay. For each oral disclosure, do you
independently recall any portion of the ex parte
communication apart from what is shown in the exhibit?
Once again, is there anything from that ex parte
communication that is not reflected in the exhibit?
A. Well, yes.
Q. Okay. Which exhibit?
A. Well, a good deal of these oral disclosures
take place after the other commissioners have spoken.
So given that the information is on the mic, is on the
video, I mostly did not repeat everything that had
previously been said.
Q. You were essentially saying "ditto" to some
aspect of what was said previously; right?
A. Yes.
Q. And by "previously," I mean you were saying
"ditto" to some aspect of what a commissioner making an
oral disclosure said before you had the mic; correct?
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A. With Jonna Zimmer on the commission, she
covered everything.
Q. Did any of the commissioners, who disclosed
before you, ever disclose content that you didn't cover
in your specific ex parte communication?
A. Certainly.
Q. Okay. For any oral disclosures that make
reference to a PowerPoint or written materials, again,
you didn't do anything to independently verify that
those materials were already in the record; correct?
A. I'd see them in the report, no.
Q. So your answer is no, you didn't do anything
to independently verify; correct?
A. I didn't go out of my way to verify that they
were there.
Q. Did you do anything to verify that they were
already in the record?
A. I'd see them as they would show up, so I did
not independently go out to verify that they were there.
Q. Okay.
THE COURT: When you say "the report," you
mean the staff report?
THE WITNESS: Yes, sir.
BY MR. BRIGGS:
Q. And that includes all the materials that are
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online for you and the public to download; correct?
A. Yes.
Q. Okay. But sitting here today, is there any
information that you would like to add to any of your
oral disclosures?
A. No.
Q. Do you understand that the obligation to make
an ex parte disclosure falls on the commissioner and not
on the interested party?
A. Yes.
Q. And it's your understanding that the
Coastal Commission's practice is to put disclosure forms
that it receives from commissioners into the materials
that are posted online for the hearing. That's how they
are made available to the public; right?
A. I believe that's the current practice, yes.
Q. And that has been the practice as long as you
have been on the commission; correct?
A. I don't know.
Q. You don't recall whether that has been the
practice ever since 2014?
A. I don't know what the practice was of staff
when I first got on the commission.
MR. BRIGGS: Your Honor, I would like to read
from Page 151, Lines 12 through 17.
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THE COURT: You may read.
MR. BRIGGS: Yes.
"Question: Is it your understanding that
the Coastal Commission practice is to put
disclosure forms that it receives from
commissioners into the materials that are
posted online for the hearings? That is how
they are made available to the public; right?
"Answer: Yes."
MR. JACOBS: Your Honor, I would object that
as to the question previously asked about historic
practices, this is not impeachment.
THE COURT: The objection is overruled.
BY MR. BRIGGS:
Q. Do you understand that, while you have been a
commissioner, if there has been an ex parte
communication more than seven days before the hearing,
that you are required to disclose it in writing within
seven days?
A. Yes.
Q. And that's been your understanding since you
got on the commission; right?
A. Yes.
Q. And if the ex parte communication occurred
within seven days of the hearing, then you did an oral
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disclosure from the dais; correct?
A. Yes.
MR. BRIGGS: Your Honor, I have no further
questions at this time.
THE COURT: Friendly cross?
Time estimate?
MR. JACOBS: Your Honor, I would say an hour.
THE COURT: Let's take our midmorning recess
and thereafter take up your examination.
MR. JACOBS: Thank you, Your Honor.
THE COURT: Just for your planning purposes,
my intent is to go to noon, break for an hour and then
go 1:00 to 2:15ish. Okay?
MR. BRIGGS: May I beg your indulgence for
30 seconds before we break --
THE COURT: Yes.
MR. BRIGGS: -- for planning?
We were expecting to call Mr. Kinsey after
Mr. Howell. It's my understanding this morning that
Mr. Kinsey won't be here until tomorrow. That means
that I would, in order to avoid downtime, bring up
Ms. Burton. The problem is that some of the documents
requested in the trial notice remain at my office and
are not here in court.
So my plan, if we get to her before lunch, is
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to rush back to the office to get those and bring them
back for the afternoon.
THE COURT: All the way to Upland?
MR. BRIGGS: No. The San Diego office.
THE COURT: Oh, okay.
MR. BRIGGS: We have them here. I just don't
have any staff this morning who can drive it down. So
I'm going to do my best to do that, but I wanted to
highlight that in case for some reason I don't get all
of those documents back that were requested for her
cross-examination.
THE COURT: I think someone is wanting to help
you.
(Break in proceedings.)
MR. BRIGGS: We may have them, but if we
don't, I just wanted to flag the issue for you.
THE COURT: Thank you.
We'll take a recess and pick up with friendly
cross.
(Recess.)
THE COURT: Sir, please retake the stand.
You remain under oath. Thank you.
CROSS-EXAMINATION
BY MR. JACOBS:
Q. Good morning, Mr. Howell.
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A. Good morning.
Q. Mr. Howell, as a commissioner, have you ever
had any meetings about a Coastal Commission matter that
you treated as some kind of secret meeting?
A. No.
Q. Have you had ex parte communications where you
made any sort of effort to conceal the existence of the
ex parte communication?
A. No. I never would.
Q. Have you had any ex parte communications in
which any participant expressed a desire that
information related to the Coastal Commission matter
remained confidential?
A. No, I haven't.
Q. When others have prepared ex parte disclosure
forms for you, have you reviewed those forms to ensure
that they accurately reflected the conversations you
had?
A. I have.
Q. Have you ever found inaccuracies or anything
that you wanted to change?
A. I found, I want to say additions, but not --
mostly when they call and have -- they're reading from a
script. That's mostly it. They're reading from a
script, and then they send the forms which show exactly
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what they said from their script.
Q. A moment ago you said that there have been
times when you found additions. Did you mean additions
that you wanted to make to the form or additions that
the form made to the communication that actually
happened?
A. There's been a handful of things that I've
added, I think, but I could be wrong.
Q. Okay. So that was my next question, which is,
what you have done when you have found information that
you wanted to add to a form prepared by someone else.
And I think you just answered it, but so the record is
clear, please tell me what your practice is.
A. My practice of when I receive forms that
consultants have filled out?
Q. Yes.
A. I review it to confirm that is what was
covered in our ex parte, and then I send it on to staff.
Q. And when you find information that you recall
being a part of the ex parte communication that's not in
the form, what do you do?
A. Usually I -- and it's -- I can't even give an
example. I think over the past four years maybe it's
happened once, and I think I would just go and just redo
the thing myself.
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Q. When you have drafted ex parte communications
disclosure forms, have you ever deliberately omitted
significant information from a form?
A. No.
Q. When you have given oral disclosures, has
there ever been information that was in your mind as
being part of the ex parte communication significant
information that you decided not to include? And let's
put aside those situations where another commissioner
had already given an accurate description of your
conversation.
So when you were recounting the specifics of
your conversation, have you ever deliberately omitted
one or more significant details?
A. No. I would never want to keep the public
from knowing what's going on.
Q. And you gave Mr. Briggs one example of a
project where there was extensive correspondence that
was not included in the staff report. Are there others?
A. Yes, there are.
Q. Okay. So in your experience, is it accurate
to say that all correspondence the commission receives
about a matter is attached to the staff report and
posted on the Internet?
A. I think as a rule with most projects, that is
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the case, but I think that there is also some that that
doesn't happen. And I think there's reports that staff
take into consideration in terms of making their
recommendations that are also not attached to the
report.
Q. What would be an example of a kind of report
that staff might consider but you wouldn't necessarily
see attached to the staff report?
A. I think sometimes the biological reports
aren't necessarily attached. There might be
archeological reports that have been done, but staff --
and those are just ones that might come to mind that
staff are taking into consideration for how they make
their recommendations to the commission. But I don't
think -- but they wouldn't necessarily be attached.
Q. Do you have an understanding of why staff
would not attach a particular report that it reviewed to
the staff report that's distributed?
A. I think just maybe from an efficiency
standpoint, from an efficiency standpoint. And also, I
guess perhaps they don't feel that some of the
information is probably relevant.
I know some people have gone to the
Coastal Commission offices to review everything
that's -- that's related to projects that are in front
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858
of the commission.
Q. In your experience, does the likelihood that a
technical report will be attached to the staff report
have any relationship to the size of the technical
report? In other words, do you notice shorter reports
being attached and not longer reports, or is there any
sort of correlation in your experience?
A. I think the -- it probably has to do with the
size of the report. It probably has to do with the age
of the report. Some of these projects have been
lingering for years.
Q. So when there's -- when there is
correspondence about a particular project that is not
attached to the staff report, do you consider that
correspondence to be part of the commission's record?
A. Yes.
Q. Okay. When there's a technical report that
staff reviews and perhaps mentions in the staff report,
but it's not distributed with the agenda materials, do
you consider that technical report to be part of the
commission's record?
A. Yes.
Q. So let's turn to Exhibit 26.
Do you have that in front of you, sir?
A. I do.
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Q. Do you recall the ex parte communication
that's memorialized here?
A. I do.
Q. Okay. There's -- you see that there's no date
on the form in terms of when you signed the form;
correct?
A. I do.
Q. Okay. Any idea why you didn't date the form?
A. I don't.
Q. Okay. And without a date, do you have a
belief about when you likely completed the form and
transmitted it to commission staff?
A. I think I probably just went home and wrote it
out and mailed it to staff.
Q. Okay. Within what period of time, based on
your practice, would you expect that to have happened?
A. Based on my practice, but also I want -- this
one got mailed out that day. I wanted staff to realize
that there is opposition to the project, and I didn't
think that -- I wanted them to get it as quickly as
possible.
Q. What has been your experience over the years
with -- withdrawn.
When you have mailed ex parte disclosure forms
to commission staff, from where have you typically
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mailed them?
A. I typically mail them from Pismo Beach.
Q. What has been your experience over the years
with mail from Pismo Beach to San Francisco?
A. Initially I thought that the mail got there in
a timely fashion. I no longer believe that to be the
case. As I get campaign fliers back after a year and a
half later as undeliverable, I am less confident in our
mail service.
Q. So these days to what extent do you rely on
snail mail to transmit ex parte disclosure forms to
commission staff?
A. I don't think that I would dare. I'll hand
them to them at commission meetings or try and email
them.
Q. So I want to go back to your testimony earlier
today when you said that you have not --
(Telephonic interruption.)
THE COURT: Stand by, please.
BY MR. JACOBS:
Q. Mr. Howell, you testified earlier that you
have not deliberately deleted emails related to
commission matters. Can you rule out the possibility
that some of your emails related to commission matters
have been deleted?
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861
A. No, I can't rule out that possibility.
Q. How would that happen?
A. I am not very technologically savvy. I have a
tendency to acquire too many emails, most of them spam,
and my computer over the years has actually froze up
because of it. And, you know, I have had my partner
help me try and work on it to get it to work better and
to work, period. And I think maybe one of the ways that
that happens is taking out emails and trying to free up
space.
When I took it to the Mac store, they worked
on it, and it doesn't seem to have worked dramatically
better. But I tried.
Q. So is it possible that large numbers of emails
from particular periods might have been deleted that
might have included some Coastal Commission-related
emails?
A. Yes.
Q. Exhibit 28 is a disclosure form related to
potential Martin Resorts.
Do you have it in front of you?
A. Yes.
Q. Was potential Martin Resorts a matter that
came before the Coastal Commission for a hearing?
A. No.
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Q. What about Cambria Brackish Water, which is
Exhibit 29?
A. I don't know if it will ever come in front of
us, no.
Q. It has not so far?
A. No.
Q. Okay. Please turn to Exhibit 30.
So Exhibit 30 was a disclosure form from you
for Black Hill Villas for an October 20th, 2014
communication.
Do you see that?
A. I do.
Q. Okay. Do you recall offhand whether that
disclosure form was attached to the staff report for the
matter?
A. I don't recall.
Q. Okay. Then perhaps we can refresh your
recollection.
Exhibit 496 is the staff report. Does that
staff report look familiar to you?
A. I'm not wearing my glasses, but...
THE COURT: Where are they? Your glasses.
THE WITNESS: I don't have them, Your Honor.
But it does look familiar now that you have --
yes, now that you have enlarged it.
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BY MR. JACOBS:
Q. Okay. So you are able to read it with the
enlargement in front of you?
A. Yes.
Q. And it refers to the applicant, Wayne Colmer.
Is that the same project that Exhibit 30 was a
disclosure for?
A. Yes.
Q. Okay. So I would like to turn to the 135th
page of this document, which will be projected on the
screen.
THE COURT: What exhibit are you projecting?
MR. JACOBS: Exhibit 496, Your Honor.
THE COURT: Thank you.
MR. JACOBS: I think I seem to have the wrong
page, Your Honor, so we're not going to do that page.
BY MR. JACOBS:
Q. All right. Let's turn to Exhibit 31.
Do you have Exhibit 31 in front of you?
A. I do.
Q. Okay. Does Exhibit 31 accurately list all
persons who were present for that ex parte
communication?
A. No, it doesn't.
Q. Who -- what is inaccurate about the list of
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the people present?
A. Charles Lester's name is not on it.
Q. Do you have an independent recollection of
Mr. Lester being present for that?
A. I do.
Q. Okay. And at the time, what was your
understanding about how you should report ex parte
communications if staff was present for the
communication?
A. My understanding was that, if staff were
present for the communication, it was not an ex parte.
Q. So we are going to turn back to the staff
report that was connected to Exhibit 30. This is
Exhibit 496. And I would like to turn to the 134th page
of this document.
Okay. Mr. Howell, is this your disclosure
form for the Colmer project for a October 20th, 2014
ex parte communication?
A. It is.
Q. Please turn to Exhibit 33, which is a
disclosure form related to Goleta Beach.
And the person with whom you had the ex parte
communication is Carbajal?
A. Yes.
Q. Okay.
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865
A. Congressman Carbajal.
Q. Okay.
Do you have an independent recollection of
this conversation?
A. I do.
Q. About how long did it last, the whole
conversation?
A. Maybe 15, 20 minutes.
Q. Okay.
A. Maybe half hour.
Q. In this conversation did you discuss matters
other than the Goleta Beach project?
A. Virtually everything was a discussion about
something other than the Goleta Beach project.
Q. So what are some of the other topics that came
up in the conversation?
A. Well, we discussed -- Supervisor Carbajal at
the time was running for Congress, and Mayor John Shoals
is the mayor of a neighboring city. We discussed
groundwater. We discussed transportation. We discussed
what the federal government could do to help out our
communities.
I filed the ex parte because, as a throwaway,
Supervisor Salud Carbajal said, "And, by the way, I
support maintaining the Goleta Beach."
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866
Q. And other than that comment, is it your
testimony that the rest of the conversation had to do
with matters other than Goleta Beach?
A. Everything else had to do with matters other
than Goleta Beach.
Q. How often do you have a conversation with
someone in which a Coastal Commission matter comes up
but the conversation is mostly about other topics?
A. The vast majority of the time.
Q. Let's turn to Exhibit 38.
THE COURT: Well, hold on. Before we leave
33, it's not dated or signed.
When did you send this one in, sir?
THE WITNESS: I don't remember, Your Honor.
BY MR. JACOBS:
Q. Sir, according to your practice, do you have a
belief about when you likely would have sent it in?
A. My guess is I would have sent it in when I
came home.
MR. BRIGGS: Objection. Calls for spec- --
move to strike. Calls for speculation.
THE COURT: The motion is granted. That is
classic -- any answer that begins with "my guess is" is
not admissible.
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BY MR. JACOBS:
Q. Mr. Howell, typically when did you submit
ex parte forms to the Coastal Commission staff?
A. I would typically submit it the same day.
Q. Generally speaking, was it easier for you to
submit it the same day than to submit it at a later
point in time?
A. Yes.
Q. Can you recall a circumstance where you had a
reason to delay transmitting an ex parte disclosure to
commission staff?
A. Absolutely. When I've been out of town, when
I haven't had access to the Internet. When I haven't
had access to stamps. There's, of course, many examples
of when I haven't done it immediately.
Q. Are you able to estimate what percentage of
the time your practice was to transmit disclosure forms
to staff on the same day -- or approximately when it was
completed?
A. I'd say the majority.
Q. Okay. Would it be more likely that you would
transmit it immediately if it's an ex parte that is
local to you?
A. Yes.
Q. An ex parte communication.
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Let's turn to Exhibit 38, which relates to the
Loperena matter.
Do you have a recollection of this
conversation?
A. I do.
Q. Okay. About how long did it last?
A. Maybe 15 minutes.
Q. Okay. What did you talk about with
Mr. Massara?
A. Mark Massara is a friend of mine, and we
talked about what he was up to. I teased him about him
appearing in a video that had been shown previously at
the commission from 20 years ago. Just generally, for
lack of a better term, made small talk.
Q. How much of the conversation was devoted to
the matter referred to on the ex parte disclosure form?
A. Perhaps 1 percent, 5 percent maybe. This was
him saying that they agreed with the staff
recommendation. This is what was being proposed. And
he was representing them. And all he was saying is,
"We're okay with everything."
Q. Please turn to -- no, I'm sorry.
I'd like to show Exhibit 508, which is a
commission staff report.
Please pull up the center part.
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Mr. Howell, are you able to read the cover
page?
A. I am.
Q. Okay. Does this staff report pertain to the
same matter that we have just been discussing?
A. It does.
Q. Okay. I would like to turn to Page -- the
1,133rd page of this document.
So attached to the staff report, do you see
your disclosure form?
A. I do.
Q. Please turn to Exhibit 39.
Mr. Howell, do you have an independent
recollection -- withdrawn.
Do you have an independent recollection of the
ex parte communication that's the subject of Exhibit 39?
A. I do.
Q. Approximately how long did the entire
communication last?
A. Maybe half an hour.
Q. Did you discuss matters other than the project
in that half hour?
A. Absolutely.
Q. Approximately what -- how much of the half
hour was spent discussing other matters?
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A. Probably 90, 95 percent.
Hannah Miller is the aide for our local
supervisor and a friend of mine and lives in the
neighborhood. I think she's in Cayucos. And so even
though we were there to look at property and get a
general idea of it, I spent my time talking to Hannah.
Q. Okay. I'd like to show you the first page of
Exhibit -- actually, let's turn to Exhibit 40, which is
a disclosure form of yours for the Windward matter.
And with that in front of you, I would like to
show you Exhibit 515, which is a Coastal Commission
staff report and addendum.
Do you recognize that addendum?
Or the subject line says "Additional hearing
materials." Do you recognize those additional hearing
materials?
A. I do.
Q. And do those pertain to the same project?
A. Yes.
Q. Okay. I would like to turn to the 58th page
of this document.
Mr. Howell, is this page your disclosure form
for the ex parte communication?
A. Yes.
Q. Let's turn to Exhibit 41, which is -- this
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appears -- oh, this is another ex parte disclosure form
for the same project.
Do you have it in front of you?
A. I do.
Q. So then we're going to go to Page 69 of those
additional materials, which is Exhibit 515.
Mr. Howell, is Page 69 your disclosure form
for the communication with Ms. Collins?
A. Yes.
Q. And was this -- were these materials that are
Exhibit 515 distributed in connection with the
Coastal Commission meeting?
The additional materials -- the document, 515,
which is entitled "Additional materials," do you have a
recollection of whether that was distributed?
A. Oh. Yes.
Q. Please turn to Exhibit 42.
Do you see the form date, January 27th?
A. Oh, yes.
Q. Do you have -- well, first of all, do you have
a recollection of this communication?
A. I do.
Q. And the communication date was May 5th, 2016?
A. Yes.
Q. And the form indicates that it's dated
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January 27th.
Do you have any idea why that would be?
A. I am not very technologically adept. I
sometimes would use a form and clear out the information
on it and then try and fill in the new information.
And, well, that looks to me like that's what happened
here.
Q. So do you believe that January 27th, 2016, is
the date on which you signed Exhibit 42?
A. Oh, no, of course not.
Q. Do you have a recollection of when you signed
Exhibit 42?
A. I believe I signed it -- I believe I sent it
in the next day. This was a lunch meeting, late lunch
with Chris Yelich.
Q. How long did the ex parte communication -- how
long did the conversation with Mr. Yelich last?
A. Probably an hour.
Q. Did you talk about matters other than matters
before the commission?
A. Everything was on matters other than what was
before the commission.
Q. Do you recall things that you talked about
with Mr. Yelich other than commission matters?
A. I do. He was looking into purchasing the
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Wine Train up in Napa.
Q. Do you know whether you disclosed this
ex parte communication on the mic in addition to the
form?
A. I don't recall.
Q. Please turn to Exhibit 43.
Do you recall whether Exhibit 43 was attached
to the commission's staff report?
A. I don't recall.
Q. Okay. We're going to project Exhibit 512.
Is Exhibit 512 the staff report that would be
related to Exhibit 42?
A. Yes.
Q. Okay. So we're going to turn to the 220th
page of the staff report.
Is that page your ex parte disclosure form
that we have just been discussing?
A. Yes.
Q. Now I would like to turn to the 181st page of
this document.
Is this page the same ex parte disclosure form
that we find in Exhibit 43?
A. Yes.
Q. Please turn to Exhibit 48.
So Exhibit 48 is a transcription of an
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on-the-mic disclosure.
Do you see a reference in the transcript to
the date of the communication?
A. No.
Q. With the information that you have, do you
have any way of estimating when the communication would
have happened? And particularly the site visit that's
referred to there.
A. I believe it -- I believe it was at the
same -- either the same day or -- yes. I want to say
it's the same day as when we had the commission meeting
in Santa Barbara, but I couldn't swear to it.
Q. Do you have a recollection about whether you
went on the site visit while you were at the commission
meeting or at some other time?
A. I believe it's when I was at the commission
meeting.
Q. And typically how long are commission
meetings?
A. They vary. Some go 14 hours a day.
Q. I'm sorry, sir. My question was not clear.
How many days typically were the Coastal Commission
meetings?
A. Typically they are three days.
Q. So -- well, that's fine.
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Please turn to Exhibit 54.
Actually, that request is withdrawn.
I would like to turn to Exhibit 40 one more
time.
Mr. Howell, I believe you said that you have a
recollection of the conversation that is memorialized in
Exhibit 40?
A. I do.
Q. Okay. In that conversation, did you discuss
matters related to the Rozo project that you would
characterize as substantive, procedural, or both.
A. No. It's procedural.
Q. Thank you.
Please turn to Exhibit 55.
And I have the same -- well, my first question
about Exhibit 55 is a similar question, whether you
would characterize this conversation as being procedural
or substantive or both?
A. I would characterize it as procedural.
Q. What about Exhibit 62, how would you
characterize that conversation?
A. Embarrassingly complimentary to the staff. I
don't think there's really any -- anything substantive
in here.
Q. Do you have an independent recollection of the
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conversation Exhibit 62 refers to?
A. Yes.
Q. So you have just said you remember compliments
to the staff.
Do you recall information about the project
being transmitted to you in that conversation?
A. No. This project is next door to my town.
I'm well familiar with it. And these comments from
Councilmember Lee and former Mayor Peterson were, "Yeah,
we're still in favor of it."
Q. And you don't --
A. "We love staff" also.
Oh, I'm sorry.
Q. I'm sorry.
Do you recall anything beyond "Yeah, we're in
favor of it" being said specific to the project in that
conversation?
A. No. I -- no.
Q. Please turn to Exhibit 63.
Do you have an independent recollection of the
conversation that Exhibit 63 concerns?
A. I do.
Q. What is your recollection of the conversation?
A. We had lunch at the Broad Beach -- not
Broad Beach -- Goleta Beach Cafe, or whatever it's
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called now, and the vice chair -- not vice chair -- the
vice director for facilities just sat down and walked
through the staff report and said, "We're in agreement
on everything."
Q. When you say "walked through the staff
report," what do you mean?
A. I believe read the staff report: This is what
we're doing. This is what we do. Well, this is what we
want to do. This is what we want to do.
And this is why staff is -- yeah, so it was
really just showing me the staff report.
Q. Was there information in the ex parte
communication that wasn't in the staff report?
A. No.
Q. Please turn back to Exhibit 58, an ex parte
disclosure form related to Los Angeles County Department
of Public Works with Mr. Tripp?
A. Yes.
Q. And so you -- you say in your online
disclosure that Mr. Tripp was basically just going over
the project. Can you explain what you meant by that?
A. Typically with public works officials, they
don't want to editorialize. They don't want to really
try and persuade you of anything. They're just making
sure that you are looking at their project.
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Q. And when you say "looking at their project,"
looking at what kinds of materials or information?
A. Oh, like their plans. You know, the staff
report, the -- it's really that these are plans. They
are attached to the staff report. I -- you know, I'm
sending the plans to the staff if they haven't done so
already. It's very cut and dry and technical.
Q. Please turn to Exhibit 61, which is a
transcript of an oral disclosure.
Do you have an independent recollection of the
August 2nd, 2014 conversation with Mr. and Mrs. -- is it
pronounced Hundriches?
A. I can't remember how it's pronounced.
Q. Okay.
Do you have an independent recollection of
that conversation?
A. I do.
Q. What do you recall being said about
Children's Pool?
A. They said that they were opposed to the
staff -- well, first, they were in Pismo Beach on
vacation, so they popped in. I believe I was at
City Hall and on my way out. But they said they wanted
to say hi and say they are opposed to the staff
recommendation for closure of the beach. "Hi. Thank
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you."
Q. Please turn to Exhibit 67.
Actually, I'm going to withdraw that request
and move on.
MR. JACOBS: I have no further questions,
Your Honor. Thank you.
THE COURT: All right.
Mr. Briggs, anything further.
MR. BRIGGS: Yes, please.
REDIRECT EXAMINATION
BY MR. BRIGGS:
Q. Mr. Howell, between your deposition in this
case and your testimony today, did you review any
documents to prepare for today?
A. I have reviewed the exhibits, yes.
Q. In your deposition transcript?
A. Yes.
Q. Okay. How do you know -- for Exhibit 26
through 45 that don't have a "received" stamp on them
from the Coastal Commission, how do you know when the
Coastal Commission actually received them from you?
A. I don't know.
Q. Now, did you or did you not delete any emails
concerning ex parte matters since you have been on the
Coastal Commission?
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A. Excuse me?
Q. Have you or have you not deleted any emails
concerning ex parte matters since you have been on the
commission?
A. I haven't gone through to delete any ex parte
emails.
Q. Did I hear you correctly testify earlier that
there may have been some deleted emails on your Mac?
A. Yes.
Q. How did those get deleted?
A. Maybe I misunderstood your question.
Is -- some of my emails have been deleted.
Q. And how long have you known that they have
been deleted since the date of your deposition?
A. I don't know. Maybe I don't understand.
So, no, I don't know.
Q. Have you or have you not deleted any emails
concerning Coastal Commission matters since you became a
commissioner? "Yes" or "no."
THE COURT: Coastal Commission matters or
ex parte communications?
MR. BRIGGS: Right now, Coastal Commission
matters.
THE WITNESS: I probably have.
MR. BRIGGS: Okay.
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Your Honor, I would like to read from Page 72,
Line 25, through Page 73, Line 2.
THE COURT: You may read.
MR. BRIGGS:
"Question: Have you ever deleted any
emails concerning Coastal Commission matters?
"Answer: No."
BY MR. BRIGGS:
Q. Now, during any of your ex parte
communications, did you ever ask questions during those
communications?
A. On occasion.
Q. Okay. Did you disclose in any of the written
or oral disclosures we have reviewed this morning the
questions that you asked?
A. Probably no.
Q. Is there some reason you wouldn't have
disclosed the questions you asked?
A. If the answers are there, that, to my mind,
would suffice.
Q. How about the questions that elicited those
answers? Did you not think that that would be pertinent
information?
A. Not necessarily.
Q. With your attorney, you looked at a number of
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unsigned written disclosures.
Any explanation for why those are unsigned?
A. As I --
MR. JACOBS: Asked and answered, Your Honor.
THE COURT: Overruled.
THE WITNESS: As I mentioned previously, I am
not very good with using technology, and I don't --
still, I'm not a hundred percent sure how I can get my
signature on forms that I send. So most places, my FPPC
form -- it's electronically signed when you send it in.
So my take on it was, well, okay. I'm having a hard
time getting this signature on it. I'd rather just have
the information to the staff so they can make their
recommendations.
BY MR. BRIGGS:
Q. You don't have any difficulty physically
picking up a pen and signing a piece of paper; correct?
A. No.
Q. Okay. Do you have a smartphone?
A. I do.
Q. Okay. Does it have email capability?
A. It does.
Q. And has your phone allowed you to send emails
since at least the time you became a Coastal Commission
member?
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A. I guess, perhaps.
Q. When did you get that phone? Was it before
you became a coastal commissioner?
A. Yeah.
Q. And you can send and receive emails on that
phone going back to when you got it; correct?
A. Perhaps. I never have.
Q. Have you ever taken a picture of something and
emailed it to anybody? A selfie, maybe, or a picture of
somewhere you were and thought "This is a picture that
would be nice to send to so-and-so"?
Have you ever done that?
A. No. I text it.
Q. Okay. But you do know how to send a photo as
an attachment to an electronic communication on your
phone; correct?
A. I think my phone would freeze up if I ever
tried that.
Q. You do know how to send an attached photo on
your telephone; correct?
A. No, I don't.
Q. As a lawyer, has it been your experience that
people signing documents with legal significance usually
put the date next to their signature when they sign it?
A. Yes.
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Q. Do you think that ex parte communication
disclosures, the written ones, have any legal
significance?
A. Yes.
Q. How many other disclosures have you made in
writing or orally that did not identify all the people
present during the communication?
A. To my recollection, only -- only the one. But
earlier, I don't believe it was -- I can't think of --
earlier, it wasn't necessary to disclose everyone who
was present. So --
Q. What do you mean by "earlier"?
A. I think in 2014 it wasn't required to say who
else was present. So I think it's probably possible,
but...
Q. Okay.
A. Oh, yeah.
Q. Let's take a look at Exhibit 28, would you?
That's for Martin's Beach; right?
A. No.
Q. What's it for?
A. It's for a project at Pismo Beach.
Q. Called Martin Resorts?
A. Yes.
Q. Okay. That matter went to the
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Coastal Commission but never got a hearing because it
was withdrawn; correct?
MR. JACOBS: Objection. Compound.
THE COURT: Overruled.
You may answer.
THE WITNESS: I don't think that's true at
all.
BY MR. BRIGGS:
Q. So why did it never get a hearing?
A. I don't think it ever got appealed.
Q. So why were you talking to Noreen Martin?
A. Because she's a friend of mine, and we hike.
And she lives in Pismo Beach, and she's -- yeah. She's
a valuable citizen. And she's -- I'm interested in
tourism. She sits on the state tourism board, and we go
hiking and go to the beach.
Q. Take a look at Exhibit 29, please.
That item for Cambria Brackish Water, you said
that it never got a hearing; correct?
A. That's correct.
Q. Why were you discussing it with
Claudia Worthen?
A. Because she called me.
Q. Did she tell you that the matter was receiving
some sort of pushback from Coastal staff?
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A. I -- no. I don't think she said anything of
the sort. But this is also in San Luis Obispo County,
and it's in the news. It's a huge controversy.
Q. So what was she asking you to do during that
ex parte?
A. She was telling me that she thinks it's a
mess.
Q. And what was the Coastal Commission's
involvement in that project?
A. I don't think we have any involvement.
Q. So she was calling a member of the Pismo Beach
City Council to talk about the so-called mess that's not
in the City and is not before the Coastal Commission?
A. No. She was calling me because I'm the local
coastal commissioner.
Q. Was she asking you to do anything?
A. She was telling me that she didn't like it.
Q. Did you tell her you would look into matters?
A. No, I didn't. I don't think there's any need
to.
Q. Did she tell you in what way she thought the
project would damage the environment?
A. No.
Q. Why did you write down "She believes that
Cambria has misrepresented the project and that what is
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887
proposed will damage the environment"?
A. Because she -- that's what she told me, that
Cambria has misrepresented the project, and she does
think it will damage the environment. That's what she
told me.
Q. Did she tell you in what way she thinks it
will damage the environment?
MR. JACOBS: Asked and answered. Cumulative
and asked and answered.
THE COURT: Sustained.
BY MR. BRIGGS:
Q. Let's take a look at Exhibit 31.
How would any member of the public looking at
this disclosure know that Charles Lester was present?
A. They wouldn't.
Q. How do you know Charles Lester was present?
A. Because I was also present.
Q. Why didn't you write that on the form?
A. Because I didn't think it was necessary.
Q. Why?
A. Because my understanding of ex partes is it's
not ex parte when the executive director is taking part
in the conversation.
Q. But you filled out this form; right?
A. Well, it was filled out for me.
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888
Q. By whom?
A. By Bonnie Neeley.
Q. Who submitted it to the Coastal Commission?
A. I did.
Q. Why?
A. Because she sent me the form.
Q. So whatever the advocate sends you, you just
submit without asking whether it's appropriate to submit
it?
A. No. I didn't see the harm in submitting a
form that was already filled out. I didn't believe it
was an ex parte. The executive director was sitting
there.
Q. And that's why you didn't sign the form or
date the form? Because you didn't think it had any
significance?
A. No. I probably just looked at it, forwarded
it on to staff.
Q. But you don't recall doing so; correct?
A. No. I recalled the conversation, but I don't
recall sending the form.
Q. Let's take a look at Exhibit 33.
You don't know when that exhibit was received
by the Coastal Commission, do you?
A. No.
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Q. Take a look at Exhibit 38 -- sorry. Let's go
to 34.
You don't know when Exhibit 34 was received by
the Coastal Commission, do you?
A. No.
Q. Let's take a look at 35.
You don't know when Exhibit 35 was received by
the Coastal Commission, do you?
A. No.
Q. Let's take a look at 38, please.
You don't know when Exhibit 38 was received by
the Coastal Commission, do you?
A. No.
Q. Take a look at Exhibit 39.
Same question. Would you give me the same
answer?
A. Yes.
Q. Take a look at Exhibits 40 and 41. Neither
has your signature.
You don't know when either of those two items
was received by the Coastal Commission, do you?
A. No.
Q. Take a look at Exhibit 42.
Am I remembering correctly that this was a
roughly 15-minute ex parte communication with only 1 to
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5 percent of the time spent on this Coastal Commission
matter? Am I remembering that correctly?
A. No.
Q. Okay. How long did the ex parte communication
reflected in Exhibit 42 last?
A. Maybe -- this was a late lunch. Maybe,
really, five minutes at the most.
It was more just I had lunch with
Chris Yelich, talking about his Napa train, and he said,
"We're going to scale back the proposal before the
commission."
And that was the extent of it.
Q. Okay. So you wrote that Mr. Yelich -- by the
way, that's Y-e-l-i-c-h -- outlined the scaled-back
proposal.
Can you tell me the elements of the outline
that you recall?
A. I used the wrong terminology there.
Q. What should you have said?
A. I should have said, "He said, 'We're coming
back with a scaled-back project to the commission.'"
Q. And he didn't tell you in what way it was
scaled back?
A. I didn't want to hear it.
Q. Did he tell you the way it was scaled down?
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891
"Yes" or "no."
A. No.
Q. So the only sentence that he uttered
concerning the project during lunch was that his client
was submitting a scaled-back proposal?
A. Yes.
MR. BRIGGS: Your Honor, I would like to read
from Page 194, Lines 14 through 23.
THE COURT: I'm guessing "tail wind" should
have been "tail end."
MR. BRIGGS: Sounds reasonable.
THE COURT: You may read.
MR. BRIGGS:
"Question: How long did it take Chris to
describe how the project had been scaled back?
"Answer: Probably the tail end of the
meeting.
"Question: How many minutes?
"Answer: Three.
"Question: And did he tell you in what
ways the project had been scaled back?
"Answer: Yes.
"Question: What did he tell you?
"Answer: Fewer homes."
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BY MR. BRIGGS:
Q. Take a look at Exhibit 43, please.
You don't know when Exhibit 43 was received by
the Coastal Commission, do you?
A. No.
Q. Take a look at Exhibit 48, please.
THE COURT: Wait. 43.
MR. BRIGGS: Sorry, Your Honor. You are going
back to 43?
THE COURT: I sure am.
MR. BRIGGS: Okay.
THE COURT: Do you know when it was received?
It's got a "received" stamp on it.
MR. BRIGGS: Oh, you are correct. I'm sorry.
Let me just make sure that I didn't miss --
BY MR. BRIGGS:
Q. Take a look at Exhibit 44, please.
Do you know when that one was received by the
Coastal Commission?
A. No.
Q. And on Exhibit 45, do you know when that one
was received by the Coastal Commission?
A. No.
Q. Looking at Exhibit 48, I believe you said that
your meeting with the Carrs -- I think you said it to
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Mr. Jacobs -- your meeting with the Carrs was either the
same day as the commission hearing or the day before.
Am I recalling that correctly?
A. Sometime along those lines. I thought it's
when the commission meeting was in Santa Barbara, but I
could be wrong.
MR. BRIGGS: Your Honor, I would like to read
from Page 210, Lines 11 through 13. If necessary, I can
back up to Line 3 for context.
MR. JACOBS: Well --
THE COURT: Proceed from Lines --
MR. JACOBS: Well, Your Honor, I would ask
that it be read through Line 16 for context.
THE COURT: 1 through 16. Please read.
MR. BRIGGS:
"Question: When did you meet with the
Carrs?
"Answer: I don't remember.
"Question: Did you disclose when you met
with the Carrs in your disclosure?
"Answer: I don't remember.
"Question: Can you look at what's typed
here? Do you see a date?
"Answer: I didn't type this --
"Question: I understand. But you can
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read it, right?
"Answer: The typing doesn't say the
date.
"Question: And you don't independently
recall the date of the ex parte, do you?
"Answer: No.
"Question: Could it have been more than
seven days before the oral disclosure?
"Answer: I would be shocked."
BY MR. BRIGGS:
Q. Going back to Exhibits 40 and 45.
I believe you indicated that you thought those
ex parte communications were procedural in nature.
Is that your testimony, sir?
A. Yes.
MR. JACOBS: Actually, I believe that
misstates the testimony, Your Honor.
THE COURT: Not according to the witness.
MR. JACOBS: Okay.
THE COURT: Proceed.
BY MR. BRIGGS:
Q. What do you mean by "procedural"?
A. "Procedural" means how the commission would
handle matters. I know about Mr. Ochylski, and I don't
think he's acquainted with how Coastal Commission
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procedures work.
Q. You were explaining to him what it means for
the Coastal Commission to make a finding on a
substantial issue; right?
A. Yes.
Q. "Substantial issue." Those two words are
actually a term of art at the Coastal Commission;
correct?
A. I don't know if I would use that term, but
you --
Q. Does the Coastal Commission, when it decides
to exercise its appellate jurisdiction, have to make a
finding that there's a, quote/unquote, substantial
issue?
A. Yes.
Q. And there being a substantial issue is
essentially the handle by which the Coastal Commission
grabs jurisdiction over the subject matter; correct?
A. Yes.
Q. And you also discussed during that ex parte
communication a letter that you had received; correct?
A. Yes.
Q. You didn't attach that letter to your ex parte
disclosure, did you?
A. No, I didn't.
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Q. Take a look at 45.
That, you claim, was also a procedural matter;
correct?
A. Yes.
Q. In what ways did you think that communication
was procedural in nature?
A. They wanted to ask how these would -- how the
Coastal Commission procedures would work.
Q. And did you discuss the possibility that the
staff might make a finding that there's a substantial
issue?
A. I stated that there is always the possibility
that staff will find a substantial issue.
Q. And during that communication, did you discuss
what might prompt staff to make a finding or a
recommendation that there is a substantial issue?
A. Not specific to their project.
I outlined the -- the reasons why you find a
substantial issue.
THE COURT: Anything further, Mr. Briggs?
MR. BRIGGS: Yes. There's going to be one
more question, Your Honor. I am just trying to find the
exhibit.
BY MR. BRIGGS:
Q. Would you please turn to Exhibit 67.
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I would like you to compare that to
Exhibit 814 that I am going to show you right now.
Do you recognize Exhibit 814, Mr. Howell?
A. No. No, I don't.
Q. Take a look at the first page of that, the
email from Sara Wan to you.
Does that ring a bell?
A. I mean, I see Sara Wan's email address, but
that's the extent of it.
Q. Do you see your email address as the
recipient?
A. Yes.
Q. Do you recall receiving that email?
A. No, I don't.
Q. And nothing in Exhibit 814 refreshes your
recollection about receiving that email?
A. No.
Q. Okay. Go back to Exhibit 63.
That was -- that meeting with the officials
from UC Santa Barbara, was that also -- that was a lunch
as well; is that right?
A. Yes.
Q. And how much time did you spend actually
talking about the staff report?
A. I don't remember.
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Q. It says here that you went through the staff
report; right?
A. Yes.
Q. That was a lengthy staff report, wasn't it?
A. I'm sure he went over the highlights of it and
what specifically they were doing or wanting to do.
Q. You didn't mention any of the highlights that
they went over or that they were wanting to do, did you?
A. No.
MR. BRIGGS: Nothing further, Your Honor.
THE COURT: Anything else, Mr. Jacobs?
MR. JACOBS: Very briefly, Your Honor.
RECROSS-EXAMINATION
BY MR. JACOBS:
Q. Mr. Howell, please turn to Exhibit 33.
And we are going to project a staff report
which is Exhibit 502.
Well, it's actually an addendum followed by a
staff report.
Do you recognize Exhibit 502 to be the
addendum related to the same subject matter as
Exhibit 33?
A. Yes.
Q. Okay. I'd like to turn to the 211th page of
this document.
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Is this page your ex parte disclosure form
that is also Exhibit 33?
A. It is.
MR. JACOBS: Nothing further, Your Honor.
THE COURT: Hang on.
What does the stamp say?
MR. JACOBS: Your Honor, to my eye --
Mr. Howell, are you able to make out what the
stamp says on this page, Page 211?
THE WITNESS: I don't see a stamp.
BY MR. JACOBS:
Q. On the screen. We can magnify the stamp.
A. Oh. Okay. April 30th.
Q. Are you able to read what it says below
April 30th?
A. "California Coastal Commission, South Central
Coast District."
MR. JACOBS: I have nothing further,
Your Honor.
THE COURT: Thank you.
Mr. Briggs, may the witness be excused?
MR. BRIGGS: He may, Your Honor.
THE COURT: Thank you.
Sir, you may step down.
THE WITNESS: Thank you, Your Honor.
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THE COURT: All right.
Next witness, please.
MR. BRIGGS: That would be Kathryn Burton.
KATHRYN BURTON,
Called by the Plaintiffs, having been first duly sworn,
was examined and testified as follows:
THE WITNESS: May I hand these to Mr. Briggs?
THE CLERK: Please take a seat on the witness
stand.
Please state your full name and spell your
last name for the record.
THE WITNESS: Kathryn, K-a-t-h-r-y-n, Burton,
B-u-r-t-o-n.
THE COURT: You may inquire.
DIRECT EXAMINATION
BY MR. BRIGGS:
Q. Good morning, Ms. Burton.
Are you familiar with an organization known as
Spotlight on Coastal Corruption?
A. Yes.
Q. Can you tell me what that organization is?
A. It's a 501(c)(3) nonprofit organization.
Q. Is it -- do you know what type of entity it
is? Is it like a corporation? limited liability
company? What is it, that you know of?
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A. I thought it was a 501(c)(3) nonprofit
corporation.
Q. Okay. And do you recall when it formed?
A. When the paperwork was filed?
Q. Yeah.
A. I think it was June 17th, 2016.
Q. Okay. And what does Spotlight on Coastal
Corruption do? What's the reason that it exists, that
you know of?
A. It exists to make sure or to try to make sure
that the Coastal Act is followed, that commissioners
follow the Coastal Act with regard to ex parte
communications, and that the public gets fair process, a
fair process and due process, and that the meetings are
open and transparent.
Q. Who formed Spotlight? If I just "say
Spotlight," you will know what I am talking about,
Spotlight?
A. Yes.
Q. Who formed Spotlight?
A. Well, I did, along with the other board of
directors and some other members of the public that were
interested in the issues.
Q. Who were the other board members?
A. Susan Turney and Gerald Sodomka.
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902
Q. And what got you interested in the subject
matter that Spotlight focuses on?
A. Well, it's a little bit of a long story. But
it began in 2015, I think, with California Public
Utilities Commission. I was following that lawsuit for
the reason of improper ex parte communications. And
then after the firing of Charles Lester in
February of 2016, I began to read articles in the
Los Angeles Times, the Sac Bee, and other small
newspapers in California that people believed there were
problems with ex parte communications.
Q. Okay. You indicated that you had been reading
about the CPUC; correct?
A. Yes.
Q. Okay. Do you know any of the lawyers who were
working on the CPUC case?
A. I know two of them.
Q. Who are they?
A. Michael Aguirre and Mia Severson.
Q. Now, you have some history with Mr. Aguirre,
yes?
A. I would say that, yes.
Q. What is that history?
A. Well, when he was the city attorney during his
brief tenure for four years, I worked in his office.
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903
Q. You were one of his assistants or deputies?
A. I was one of his assistants managing the
office, the personnel issues.
Q. So you are an attorney?
A. Yes.
Q. Yes. And how long have you been an attorney?
A. Well, I passed the California Bar in 1994.
Q. What aspects of what you had been reading in
the newspapers in 2016 caused you to form Spotlight?
Were there any particular issues?
A. The problems with ex parte communications.
And, also, around that -- around that time beforehand,
there had been a bill, SB 1190, that was sponsored by
Senator Jackson to ban ex partes, but that met with
substantial resistance by the development lobbyist
industry.
Q. Okay.
A. So that didn't go.
Q. And what was it that you were learning, in
reading these articles and following these events, about
ex parte communications? Was there something in
particular that was motivating you to do something like
form Spotlight?
MR. JACOBS: Objection, Your Honor. Hearsay.
THE COURT: Overruled.
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THE WITNESS: Well, the motivation was -- for
the organization was that, if ex partes aren't filed
correctly, the public doesn't have access to the same
information. There isn't a level playing field. And
the public basically gets shut out of the process.
BY MR. BRIGGS:
Q. Okay. I want to show you some documents.
Ms. Burton, I would like you to take a look at
what had been marked as Exhibit 764. And there are
several pages there, so if you could just look at them
and make yourself aware of what's under that exhibit tab
and let me know when you are done.
A. Under 764, I have reviewed them.
Q. Okay. Do you know what the first page of that
exhibit is?
THE COURT: Let me ask you to stand by for
just a minute, please.
Madam, I'm sorry to interrupt you, but this
only occurred to me when I heard about the witness's
history with Mr. Aguirre and his partner. Were you
involved in a lawsuit called Disenhouse vs. Peavey?
THE WITNESS: No. I didn't work on litigation
with Mr. Aguirre.
THE COURT: This was after he was city
attorney.
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THE WITNESS: While he was city attorney or
after?
THE COURT: After.
THE WITNESS: No. I was -- after I left the
office, I had very little contact with Mr. Aguirre after
that, other than what I would read in the newspaper.
THE COURT: All right. Good. Then there is
no problem.
That was a case that I handled, and it
ultimately resulted in a published opinion in the
4th DCA Division 1. And if the witness was involved in
that, I wanted to know about it.
She said no, so you may resume your
questioning.
MR. BRIGGS: Thank you, Your Honor.
THE COURT: Thank you.
BY MR. BRIGGS:
Q. Ms. Burton, if you look at the first page of
Exhibit 764, do you recognize that document?
A. Yes, I do.
Q. What do you recognize it to be?
A. It's the Entity Status Letter from the
State of California Franchise Tax Board.
Q. And what's the date on that letter?
A. February 19th, 2018.
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906
Q. How did you get this document?
A. Well, I downloaded it from the
State of California Franchise Tax Board website.
Q. Through the Entity Status Letter portal?
A. Yes.
Q. Okay. If you would turn to the next page.
Do you recognize the next three pages of
Exhibit 764?
A. The Articles of Incorporation of Spotlight.
Q. Okay. And do you notice on the third page
there's a photocopy of a certificate from the Secretary
of State? It's black and white as opposed to the
typical red.
A. Yes.
Q. And did you authorize these articles to be
filed with the Secretary of State?
A. Yes, I did, because I'm the president of the
organization.
Q. And do you have an understanding of the
purpose of these articles being filed?
A. Yes. We needed to file articles of
incorporation in order to be -- have a nonprofit status.
Q. Okay. And does the stamp on the second page
of Exhibit 764 help focus your recollection of when
Spotlight was first incorporated?
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907
A. Yes, it does. The stamp says June 20th, 2016.
Q. I'm sorry. The stamp says what?
A. The stamp -- it's on Page 3 of that exhibit --
says June 20th, 2016.
Q. And if you look at the first page of the
articles themselves, what's the filing date?
A. That's a different date. That's June 13th,
2016.
MR. BRIGGS: Your Honor, I would like to move
Exhibit 764 into evidence.
THE COURT: Any objection?
MR. JACOBS: No, Your Honor.
THE COURT: Received.
(Court's Exhibit 764 received in
evidence.)
THE COURT: We'll leave it there for the noon
recess.
MR. BRIGGS: Leave it there for the noon
recess?
THE COURT: Yes.
MR. BRIGGS: Okay.
THE COURT: I'll see everybody at 1:00.
MR. BRIGGS: 1:00.
MR. JACOBS: Thank you, Your Honor.
THE COURT: 1:00, not 1:30. We'll go for an
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908
hour to an hour and 15 minutes this afternoon, and then
recess as the Court has a medical appointment.
MR. BRIGGS: Okay. Thank you, Your Honor.
THE COURT: Thank you.
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909
San Diego, California, Monday, March 5, 2018 PM Session
---000---
THE COURT: Ms. Burton, kindly retake the
stand.
You remain under oath.
KATHRYN BURTON,
Having been previously sworn by the Plaintiffs, resumed
the stand and testified further as follows:
THE COURT: Deputy, would you speak to the
fellow in the gallery about cell phone use in the
courtroom, please.
THE BAILIFF: Yes, Your Honor.
DIRECT EXAMINATION (RESUMED)
BY MR. BRIGGS:
Q. Ms. Burton, would you please turn to
Exhibit 817 in the notebook in front of you.
A. Yes.
Q. Do you recognize Exhibit 817?
A. Yes, I do.
Q. What do you understand it to be?
A. I understand it to be the organization's
exemption from federal income tax.
Q. And is this a document that's kept in the
corporate records?
A. Yes, it is.
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910
Q. Okay. And is it your understanding that the
IRS has recognized Spotlight as a tax exempt
organization?
MR. JACOBS: Objection. Leading.
THE COURT: No, that did not suggest the
answer.
Feel free to say "yes" or "no."
THE WITNESS: Yes.
THE COURT: Overruled.
BY MR. BRIGGS:
Q. And the document is dated July 12th of 2016.
Do you recall when you first saw the document
in Spotlight's records?
A. Not specifically, but I do recall the
document.
Q. Do you recall seeing it sometime in 2016?
A. Well, I recall seeing it around this date, but
I don't recall the specific date.
MR. BRIGGS: Your Honor, I would like to move
into evidence Exhibit 817.
MR. JACOBS: No objection, Your Honor.
THE COURT: Very well. It is received.
(Court's Exhibit 817 received in
evidence.)
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911
BY MR. BRIGGS:
Q. Please turn to --
THE COURT: Hold on. I've got to mark it in.
Proceed.
BY MR. BRIGGS:
Q. Please turn to Exhibit 818.
Do you have that exhibit in front of you,
Ms. Burton?
A. Yes.
Q. What do you recognize Exhibit 818 to be?
A. It's our letter from the State saying that
we're now registered as a nonprofit.
Q. Okay. And the letter is dated December of
2016; correct?
A. Yes.
Q. Do you recall whether this document is in the
corporation's records?
A. Yes, it is.
Q. Okay. And do you recall when you first saw
the document?
A. Around -- around this time.
Q. "This time" is a reference to what?
A. Exactly. Around December 1st, 2016.
MR. BRIGGS: Okay. Your Honor, I would like
to move Exhibit 818 into evidence.
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MR. JACOBS: No objection.
THE COURT: It likewise is received in
evidence.
(Court's Exhibit 818 received in
evidence.)
THE COURT: It's from the AG's office?
MR. BRIGGS: Yes.
THE COURT: No wonder there was no objection.
MR. BRIGGS: Registry charitable trusts.
THE COURT: Yes.
MR. BRIGGS: May I proceed?
THE COURT: Indeed.
BY MR. BRIGGS:
Q. Please turn to Exhibit 819, Ms. Burton.
Do you recognize Exhibit 819?
A. Yes.
Q. What do you understand it to be?
A. This is another filing with the Secretary of
State. It shows the corporation's mailing address and
the president, secretary, and treasurer.
Q. Okay. The date on the document is June 23 of
2016?
Do you see that?
A. Yes, I do.
Q. Do you recall when you first saw this
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913
document?
A. I saw it at the time I signed it. It's my
signature on it.
Q. Okay. Your signature has been redacted for --
A. Yes.
Q. But you recall signing this; correct?
A. Yes, I do.
Q. Okay. And do you know whether this document
is kept in the corporation's records?
A. Yes, it is.
Q. Okay.
MR. BRIGGS: Your Honor, I would like to move
Exhibit 819 into evidence.
MR. JACOBS: No objection.
THE COURT: Received.
(Court's Exhibit 819 received in
evidence.)
BY MR. BRIGGS:
Q. Ms. Burton, would you please turn to
Exhibit 820.
Do you recognize Exhibit 820?
A. Yes, I do.
Q. What do you understand Exhibit 820 to be?
A. It's the minutes of the initial organizational
meeting of Spotlight, the Articles of Incorporation,
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914
Bylaws, a Record of the Election of Directors.
Q. Okay. The minutes have a date of June 23,
2016, on them.
Do you see that?
A. Yes.
Q. Do you recall the meeting around June 23 of
2016?
A. Yes, I do.
Q. For purposes of dealing with corporate
business?
A. Yes.
Q. Okay. The document appears to bear a
signature of secretary Susan Turney on the last page.
Do you recognize that?
A. Yes. I know that she signed it.
Q. Okay. And have you seen this document in the
corporation's records before?
A. Yes.
Q. Okay.
MR. BRIGGS: Your Honor, I would like to move
Exhibit 820 into evidence.
MR. JACOBS: No objection.
THE COURT: It is received.
(Court's Exhibit 820 received in
evidence.)
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915
BY MR. BRIGGS:
Q. Ms. Burton, have you ever filed any claims,
appeals, or other business with the California
Coastal Commission?
A. Yes.
Q. And can you tell me about that?
A. In 2004 I filed an appeal regarding a waterway
in Carmel Valley that was also a wildlife corridor
where, in the coastal zone, some several very large
buildings were going to be built in close proximity.
Q. Okay. And did you --
THE COURT: Hold on, please.
I'm sorry.
You're talking about an entire state here.
Which Carmel Valley? The one in Monterey or the one in
San Diego?
THE WITNESS: Good point. The one in
San Diego.
THE COURT: Thank you.
Proceed.
MR. BRIGGS: Okay.
BY MR. BRIGGS:
Q. Did you follow that matter as it made its way
to the commission for a decision?
A. Yes.
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916
Q. How did you track the project?
A. I went to the website and looked at materials
on the Coastal Commission website.
Q. Okay. Now, before lunch you had mentioned
some newspaper articles in 2016 that piqued your concern
about ex parte communications; correct?
Do I recall that correctly?
A. Yes.
Q. Before the newspaper articles of 2016 about
the ex parte disclosures that concerned you, what
information, if any, did you have about commissioners
not submitting written disclosures on time?
A. I had no information.
Q. Okay. And prior to those articles, what
information, if any, did you have about commissioners
making late oral disclosures?
A. I had no information.
Q. And prior to the time of those articles, what
information, if any, did you have about the subject
matter of the ex parte communications that were being
disclosed apart from what was on the commission's
website?
A. No information.
Q. Okay. Now, going back to even before this
lawsuit, where would you go to get access to the record
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///
///
917
for a project pending before the Coastal Commission?
A. I would go to the Coastal Commission's
website.
Q. Okay. And prior to the 2016 news reports
about the ex parte communications, where would you have
gone to find ex parte disclosures for projects before
the commission?
A. I would go to the agenda item and look at the
materials that were on the website --
Q. Okay.
A. -- in relation to the agenda item.
Q. The same place?
A. Yes.
Q. Okay. And how about now where would you go?
A. I would go to the same place.
Q. Okay. Have you ever observed
Coastal Commission staff not being meticulous in
processing any paperwork that you have been involved in
at the Coastal Commission?
A. No.
MR. BRIGGS: Your Honor, I have no further
questions at this time.
THE COURT: Cross?
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918
MR. JACOBS: Yes, Your Honor.
CROSS-EXAMINATION
BY MR. JACOBS:
Q. Good afternoon, Ms. Burton.
A. Good afternoon, Mr. Jacobs.
Q. I have just placed your deposition transcript
on the desk before you. We may make reference to it
over the course of this examination. I wanted you to
have it handy.
A. Thank you.
Q. That deposition was taken on January 15th of
this year, yes?
A. Yes.
Q. And the deposition was of the entity,
Spotlight on Coastal Corruption; correct?
A. Yes.
Q. You were the witness who appeared, but you
understood that you were testifying on behalf of
the plaintiff, Spotlight on Coastal Corruption?
A. Yes.
Q. And you read the notice of the deposition
before the deposition; correct?
A. Yes, I did.
Q. That notice of deposition indicated that the
examination was to be on three topics; correct?
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919
A. Yes.
Q. The first topic was the plaintiffs'
participation in Coastal Commission hearings, broadly
speaking, yes?
A. Yes.
Q. The second topic was any harm allegedly
suffered by the plaintiff, its members, and/or the
public as a result of the violations alleged in this
action?
A. Yes.
Q. And the third topic on which you were
representing the entity, Spotlight on Coastal
Corruption, was the organization membership, purpose,
structure, and history of plaintiffs' Spotlight on
Coastal Corruption; correct?
A. Yes.
Q. So you understood you were speaking on behalf
of Spotlight for all three of those areas, yes?
A. Yes.
Q. The conversations that led to the formation of
Spotlight on Coastal Corruption occurred in the
aftermath of the commission firing its executive
director; correct?
A. Yes.
Q. The persons involved in those discussions were
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920
upset about the firing of Charles Lester, yes?
A. Yes.
Q. And the reaction to that firing was a
contributing factor that sort of set things in motion
that led to the formation of Spotlight on Coastal
Corruption; correct?
A. It was one of the things.
Q. The members of Spotlight on Coastal Corruption
consist of the board of directors, yes?
A. The board of directors and then there are
others.
MR. JACOBS: Your Honor, I would like to read
from the deposition transcript, Page 21.
THE COURT: Ms. Packard, may I be favored with
a copy so that I can follow along?
Just bring me a copy of the transcript.
MR. JACOBS: Your Honor, I'm happy to give you
the certified copy. I believe I have another copy, but
it will take me a moment to retrieve it.
THE COURT: I didn't want to take yours. I
just need one.
Page and line again?
MR. JACOBS: So, Your Honor, this would be
Page 21 from Line 20 through 24.
THE COURT: You may read.
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921
MR. JACOBS: Thank you, Your Honor.
"Question: How many members does SOCC
have?
"Answer: In terms of the membership, all
I can say is that we have a board of
directors. I am the president, Susan Turney
is the secretary, and Gerald Sodomka is the
treasurer."
BY MR. JACOBS:
Q. As the person most knowledgeable about
Spotlight on Coastal Corruption's membership, as of
January 15th, 2015 (sic), which is about a month and a
half ago, you did not know --
THE COURT: Over three years ago. You might
want to start your question again.
MR. JACOBS: Okay.
THE COURT: When you see the transcript, you
will see that I am right.
BY MR. JACOBS:
Q. As the person most knowledgeable about
Spotlight on Coastal Corruption, as of January 15th,
2018, which is approximately a month and a half ago, you
did not know how many other members the organization
had; correct?
A. I didn't know a specific number.
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922
Q. You didn't know any number; correct?
A. I told you I couldn't remember the number.
Q. In fact, you had no idea how many members
Spotlight on Coastal Corruption had as of
January of this year; correct?
A. No, I didn't.
Q. You can't even say how one becomes a member of
Spotlight on Coastal Corruption; correct?
A. I can.
Q. As of a month and a half ago when I asked you
the question, you refused to give me an answer, didn't
you?
A. I can't remember that.
MR. JACOBS: Your Honor, I would like to read
from the transcript, Page 24, beginning on Line 8
through Line 10.
"Question: Are you going to tell me how
one becomes a member of SOCC?
"Answer: I'm going to take my counsel's
advice."
THE COURT: Permission granted. You didn't
wait for me to hold forth on that.
MR. JACOBS: I apologize, Your Honor.
THE COURT: Okay.
MR. JACOBS: Thank you for the retroactive
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923
permission.
THE COURT: Yes.
BY MR. JACOBS:
Q. Spotlight has had about ten meetings since
2016; is that right?
A. Approximately.
Q. And you would define a meeting as when people
are talking, yes?
A. Yes. That's how I would define it.
Q. Six of those meetings have been entirely via
email, yes?
A. Approximately six, yes.
Q. And there have been -- how many meetings have
there been that have had minutes?
A. As I told you in my deposition, the meetings
that we have through email, I consider the minutes to be
what's reflected in the emails.
Q. You received a notice to attend trial that my
office served on you?
Do you recall that?
A. Yes.
Q. And you recall that notice asked you to bring
all minutes of the organization?
A. Yes. But our attorney was involved in those
meetings.
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924
Q. How many -- so you were asked on direct
examination about Exhibit 820, which were the minutes of
the initial meeting.
A. Yes.
Q. Did you bring any other minutes with you here
today?
A. No, I didn't.
Q. Do minutes exist of any other meetings?
A. Minutes exist in the form of emails that
included our organization's attorney.
Q. Those would be emails between a member of the
board of directors or more than one member of the board
of directors and Mr. Briggs; correct?
A. Whenever the organization spoke with
Mr. Briggs, for the most part, when we had to make
decisions, every member was involved.
Q. So when you say that there were minutes of
other meetings in the form of email, you are referring
to email messages between one to three members of the
board of directors and Mr. Briggs; correct?
A. They would be between the three board members
and Mr. Briggs.
Q. And outside of email discussions between the
three members of the board of directors and its counsel,
there are no other minutes of Spotlight on Coastal
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Corruption other than Exhibit 820; is that correct?
A. That's probably correct.
Q. Those email exchanges that you described with
Mr. Briggs, were they in connection with this
litigation?
A. Yes.
Q. Spotlight on Coastal Corruption has never held
a meeting in which it invited anything that was referred
to as the full membership to attend; correct?
A. We have not had a meeting in which we invited
the full membership of 54 people.
Q. Today you brought a membership list with you;
correct?
A. Yes.
Q. Where is that list?
A. Mr. Briggs is handing it to you right now.
Q. Thank you.
Who created --
MR. BRIGGS: Hang on just one second.
Your Honor, before I turn it over, I want to
assert an objection based on privacy and relevance as to
the identity of the members.
THE COURT: Exhibits don't go in the court's
file. You are getting them back at the conclusion of
the case, following which you will lodge it with the
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926
Court of Appeal.
MR. BRIGGS: I understand. But I want to make
sure that --
THE COURT: What's the privacy issue if it's
not going in the court's docket?
MR. BRIGGS: Their names shouldn't be
discussed in open court and put into the record.
THE COURT: Well, we'll see about that.
MR. BRIGGS: Okay.
THE COURT: I don't know whether it's relevant
or not.
But you now have the list?
MR. JACOBS: I do, Your Honor.
THE COURT: Very fine.
Does it have an exhibit number on it?
MR. JACOBS: It does not.
THE COURT: Well, we need to remedy that so
the Court of Appeal will know what we are talking about.
Bring it up here, please.
Can you suggest a number, Madam Clerk?
THE CLERK: It looks like 1256 is the next
defense number.
THE COURT: Ms. Packard, are you at peace with
that number?
MS. PACKARD: We have an updated list. And so
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927
the next defendants' exhibit is 1260.
THE CLERK: Sorry. I don't have that list.
THE COURT: Right. We don't have that list.
So I'm sure we'll be hearing further from Ms. Packard
about that.
MS. PACKARD: May I approach?
THE COURT: Not now.
THE CLERK: So mark it 1260, Your Honor?
THE COURT: Yes, ma'am.
1260. It's been marked with a brown tag.
It is a handwritten list of first initials and
surnames. At least that's what it appears to the Court.
And it is two single-sided pages in length, handwritten
in pencil, I dare say.
MR. JACOBS: Thank you, Your Honor.
THE COURT: Yes, you bet. Marked for
identification.
(Court's Exhibit 1260, Schematic
drawing by Ms. Miller marked for
identification.)
THE COURT: Mr. Jacobs, that's the second time
that you have done it. I am going to have to call you
on it.
I ordered in advance of trial that no lawyer
cross the well without permission. You neither sought
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928
nor received permission to cross the well. Kindly
respect that rule of Department 72 in the future.
MR. JACOBS: I apologize, Your Honor. But I
have to admit I am confused, because I thought that
Your Honor wanted us to present exhibits to the
witnesses.
THE COURT: I do. And that's when I
specifically said, "Walk over and up the ramp and ask
witnesses about exhibits." I specifically said that.
MR. JACOBS: I think I understand more clearly
now, Your Honor. Thank you.
THE COURT: Okay.
Do you have 1260 now, Madam?
THE WITNESS: Yes, I do.
THE COURT: Thank you.
You may proceed.
MR. JACOBS: Thank you, Your Honor.
THE COURT: Sure.
BY MR. JACOBS:
Q. Ms. Burton, who created Exhibit 1260?
A. I did.
THE COURT: Hold on.
Is that your handwriting?
THE WITNESS: Yes, it is my handwriting.
THE COURT: Okay. Thank you.
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929
BY MR. JACOBS:
Q. And you did so in pencil?
A. That's my practice is to use pencil.
Q. When did you create 1260?
A. I don't remember when I started creating it,
but -- yes. I just remembered when I started creating
it, when I received your request for the trial to bring
a membership list.
Q. And 1260 is the only membership list for
Spotlight on Coastal Corruption in existence; correct?
A. In this form.
Q. In what other form would a membership -- does
a membership list exist?
A. Well, it's all bits of this and bits of that.
And so I just put everything together and made a
comprehensive list the best I was able to.
Q. Are you able to estimate the date on which you
made Exhibit 1260?
A. I can't remember exactly, but I can tell you
what I do remember is that I received your request, and
I am complying with your request to the best of my
ability. So that's all I remember.
Q. Okay. I appreciate that, but I do have some
more questions about it for you.
A. That's okay.
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Q. Do you believe that you created it in the last
few weeks?
A. If that is when the -- whenever it was that
you sent that notice for the trial. I can't remember
the date of that, but it was at that time that I
responded to that. I started pulling everything
together because I knew that I was going to need to
bring a list to comply with your request.
Q. Okay. But it would have been in between your
deposition and today, yes?
A. Yes.
Q. You referred a few minutes ago to bits and
pieces that you pulled together. What were those bits
and pieces?
A. Emails that I received from people, PayPal
account donations, and checks that were written to SOCC.
And that was probably the main bits and pieces.
Q. None of the source documents that you used to
compile Exhibit 1260 was itself anything called a
membership list; right?
A. I guess if -- it was -- okay. If you -- if
that's the way you characterize it. There's -- it
wasn't specifically called a membership list. I created
a membership list from the information that I had.
Q. And there's no membership list that existed in
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931
the past that has been destroyed or lost; right?
A. No, Mr. Jacobs.
Q. There's never been a decision that Spotlight
on -- withdrawn.
Approximately how many names are on the
membership list?
A. I counted. There are 54.
Q. Okay. As far as you know, those 54 people
don't know that they are members of Spotlight on Coastal
Corruption; correct?
A. I don't think that's correct.
Q. Okay. So how -- do you believe that all of
them know that they are members of Spotlight on Coastal
Corruption?
A. I believe that it has to be the majority
believe that they are.
Q. Is there a particular communication from the
organization that you are thinking of that leads you to
believe that they know that they are members?
A. The -- at the time of some of the donations,
people were sent a thank-you letter and -- well,
everyone who made a contribution to the organization was
sent a thank-you letter. And then, subsequently, I have
emailed as many people as I could that I had their
emails. I emailed them "Thank you for your membership.
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932
And I want to give you a status update on what is going
on with the progress of our litigation."
Q. When did you send that email?
A. At the time I put the list together.
Q. So which you have testified is sometime
between your January deposition and today.
So prior to that email you sent out --
withdrawn.
At your deposition I asked you about members;
right?
A. You did.
Q. And after you gave your deposition was the
first time you ever sent out an email to people
notifying them that they were members; correct?
A. The other thank-you notes were sent out by
other board members. However -- and I spoke to some
people personally, you know, in 2016, but this was the
first time that I sent out, you know, a trial update and
"Thank you for your membership."
Q. So my question, though, was that the email
message that you sent out around the time that you were
putting together this list for trial of members in
response to the notice that you received, that was the
first time that you sent an email to people telling them
that they were members; correct?
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933
A. That I personally did, yes.
Q. And you are not aware of anyone else sending
out --
A. I don't know what was in the --
THE COURT: Madam, you must let him finish his
question.
THE WITNESS: I'm sorry, Your Honor.
BY MR. JACOBS:
Q. So, Ms. Burton, that was the first time that
you sent out an email to people telling them that they
were members, yes?
A. That I did.
Q. And you are not aware of anyone else sending
out an email earlier telling people that they were
members; correct?
A. In 2016 when the majority of the donations
were received by the organization, either the secretary
or the treasurer had answered many of them. I do not
know exactly what they put in their letter other than
"Thank you."
Q. The organization doesn't issue membership
cards; right?
A. No.
Q. Or any other kind of documentation of
membership?
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934
A. No.
Q. Do most of the donations come in through the
website?
A. No.
May I --
THE COURT: Just wait for the next question.
THE WITNESS: Okay.
BY MR. JACOBS:
Q. A substantial number of them do come in
through the website, though; right?
A. Yes.
MR. BRIGGS: Objection. Relevance.
THE COURT: Overruled.
BY MR. JACOBS:
Q. The website has a button to donate?
A. Right.
Q. The website has no button to become a member
of the organization; right?
A. No.
Q. And there's no other option described in the
entire website to become a member of the organization?
A. No.
Q. The website doesn't describe how one becomes a
member of the organization; correct?
A. No.
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935
Q. The website doesn't even have any indication
that such a thing as membership of the organization
exists; correct?
A. No.
Q. Am I correct in that statement?
A. I said -- I answered your question.
Q. And I'm sorry, ma'am. I just want to make
sure that the record is clear because I asked a question
and you said, "No," and I wasn't sure whether you were
disagreeing with me or agreeing with me.
So the court reporter is taking down what
we're saying, and I want to make sure that anyone who
reads it understands your answer.
So was my statement correct?
A. Yes.
Q. Thank you.
And as of the time of your January 15, 2018,
deposition, there was no notification to people that
they were members of the organization; correct?
A. Other than the thank-you letter that was sent
to them or the response to their questions.
Q. But there were no thank-you letters that went
out before January 15th of 2018 that told people that
they were members of the organization; right?
MR. BRIGGS: Misstates testimony.
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936
THE COURT: She's already said that she
doesn't know what the secretary and the treasurer put in
their thank-you notes. She did say that. Sustained.
BY MR. JACOBS:
Q. On January 15 of this year, you told me on
behalf of your organization that there was no
notification to people that they were members; right?
A. Not that I knew of.
Q. You personally think of people who donate as
members; right?
A. Yes, I do.
Q. And other than that and other than the email
message that you sent out after your deposition, there
is nothing that the organization does that treats people
as members; right?
A. I really -- I don't know, you know, how you
define "membership," and I define "membership"
differently.
MR. JACOBS: Your Honor, I would like to read
from the January transcript, Page 40, beginning at
Line 8 through Line -- through Page 41, Line 1.
THE COURT: You may read.
MR. JACOBS:
"Question: Have the people that have
donated to SOCC received any kind of
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notification at any time that they were
members of SOCC?
"Answer: Not that I know of. And I
probably should know that, but I don't think
that anybody has received a letter saying 'You
are now a member.'
"Question: Or an email?
"Answer: Or an email saying 'You are a
member. Thank you for your donation. Thank
you for helping the organization.'
"Question: And other than a letter or
email, have they been told in some other way
that they are members?
"Answer: Not that I know of.
"Question: And other than you thinking
of them as members, is there anything else the
organization does that treats them as
members?"
And after an objection, the witness
answered: "I -- no." And that's n-o.
BY MR. JACOBS:
Q. Ms. Burton, there are no decisions that the
full membership, meaning anyone who has donated, has
made, correct, on behalf of Spotlight?
A. That is correct.
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938
Q. And that would include any sort of online
vote? There has not been an online vote of the full
membership?
A. No.
Q. When Spotlight on Coastal Corruption wants to
spend money, it instructs Mr. Briggs to do so, yes?
A. Yes.
Q. Spotlight has no employees?
A. No.
Q. Other than the website, Spotlight has no
publications?
A. No.
Q. For legally required paperwork, Spotlight uses
the Briggs Law Corporation as its address, yes?
A. Yes.
Q. And in fact you were asked on direct
examination about some of that legally required
paperwork; correct?
A. Yes.
Q. So, for example, Exhibit 817, which should be
in front of you. Exhibit 817 -- on Exhibit 817
Spotlight listed Mr. Briggs's law office as its address,
yes?
A. Yes.
Q. And that would also be true of Exhibit 819,
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that Spotlight used Mr. Briggs's law office as the
address of the organization?
A. Yes.
Q. There is also an Irvine address that the
organization has sometimes used; correct? A P.O. Box?
A. Yes, I believe so. That is on some of the
documents.
Q. I believe it's on Exhibit 818, the Irvine
address?
A. Let me find that, please.
I don't believe it's on Exhibit 818.
Q. But there is an Irvine address that the
organization sometimes uses? A P.O. Box?
A. Yes. That was earlier.
Q. Okay.
A. But now we have a different P.O. Box,
Box 7952, San Diego. But that's the same -- you know,
same thing that Mr. Briggs -- his employee picks up the
mail.
Q. So for both the San Diego and the Irvine
P.O. Box, an employee of Mr. Briggs picks up the mail
that is addressed to Spotlight on Coastal Corruption,
yes?
A. Yes.
Q. Who prepares -- does -- who prepares documents
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940
that Spotlight submits to the IRS?
A. That's a tax matter.
Q. Yes.
A. So that would be Mr. Briggs.
Q. Okay. Does the organization file income tax
returns?
A. I don't believe that we'll be required to.
Q. Has it filed?
A. I don't believe so, no.
Q. But if it did, that would be something that
Mr. Briggs would handle, yes?
A. Either Mr. Briggs or a tax attorney.
Q. You believe the defendants have had secret
ex parte meetings, yes?
A. Yes.
Q. Are you aware of any evidence that such
meetings occurred?
A. I am aware of the evidence I have heard during
this trial and the evidence that was accumulated after
we employed Mr. Briggs.
Q. Okay. So -- and you have been sitting in the
courtroom for at least most of the trial, yes?
A. Yes.
Q. So other than the evidence you have heard in
court, do you have any other evidence of secret ex parte
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meetings by any of the defendants?
A. Mr. Briggs has researched the issue, and he
has found evidence of improper ex parte meetings.
Q. Okay. But sitting here today and testifying,
you don't have in mind any other examples other than
what's been presented in the courtroom; correct?
A. Not any other examples than what's been
presented in the courtroom.
Q. And you understand from your involvement in
the organization and following the litigation that
sometimes defendants have filed their ex parte
disclosure forms more than seven days after the
communication occurred but before the hearing on the
matter.
You understand that; correct?
A. Yes.
Q. Okay. And you are not aware of any problems
that those late filings have caused; correct?
MR. BRIGGS: Objection. Vague and calls for a
legal conclusion.
THE COURT: Sustained.
BY MR. JACOBS:
Q. In terms of the public's ability to
participate in Coastal Commission meetings, you are not
aware of any particular -- of any specific problems that
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any particular late disclosure has caused; correct?
MR. BRIGGS: Same objection.
THE COURT: The problem is with "problems."
MR. JACOBS: Okay.
THE COURT: I don't know what you mean.
Problems for staff? There certainly has been evidence
that staff had a hard time getting them where they
needed to be in a seasonable fashion until August of
2016. I've heard all that evidence.
MR. JACOBS: I will withdraw the question,
Your Honor.
THE COURT: Okay.
BY MR. JACOBS:
Q. Ms. Burton, you are not aware of any
individual who has been impeded from participating in a
Coastal Commission meeting because of an ex parte
disclosure that was filed more than seven days after the
commission but in advance of the hearing; correct?
A. No.
Q. You -- in fact, you believe that, if a
disclosure form is filed at least seven days before a
hearing, the law is followed and the public is not shut
out of the process; correct?
A. If the law is filed (sic) .
Q. Well, you believe that, if an ex parte
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disclosure form is filed at least seven days before the
hearing, then the law is filed; correct -- the law is
followed?
A. Well, with respect to that provision of the
law.
Q. Okay. And in that circumstance, you believe
the public is not shut out of the process; correct?
A. As long as the filing is comprehensive.
Q. Your personal view is that ex parte
communications should be banned entirely; correct?
A. Yes.
Q. You have no knowledge of anyone from Spotlight
on Coastal Corruption ever checking before a
Coastal Commission hearing to see whether any late
ex parte disclosure form was on file; correct?
A. No.
Q. "No," that's not correct, or "no," you have no
information?
A. Depending on what time you are talking about.
Can you give me a date?
Q. Let's say from 2013 until the present.
A. I'm not aware of 2013, but I think from the
time we filed Spotlight on Coastal Corruption, no one
has.
Q. Okay. And you don't have any information
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that, before the time you filed this lawsuit, someone
from Spotlight on Coastal Corruption checked to see
whether there were any late disclosures in connection
with the hearing?
A. I don't know about the full membership, no.
Q. Well, but you don't have any -- I understand
that you don't have complete information, but you don't
have any information that says anybody did do that, did
check to see whether there were any late disclosure
forms on file before a Coastal Commission hearing;
correct?
A. I don't have information of that.
Q. To the best of your knowledge, no one from
Spotlight on Coastal Corruption has ever testified at a
Coastal Commission meeting before a vote and complained
about any sort of ex parte issue; correct?
A. That -- you mean subsequent to forming in
June of 2016?
Q. Okay. Let's take the three members of the
board of directors. So before or after Spotlight
formed, to your knowledge, none of the three of you has
ever appeared at a Coastal Commission meeting and
testified before the commission voted that there was any
concern about any particular ex parte disclosure;
correct?
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A. No.
Q. "No," that's not correct, or "no," it didn't
happen?
A. No, it didn't happen.
Q. And you personally, as the president of
Spotlight on Coastal Corruption, have never participated
in a Coastal Commission hearing where there were any
issues related to ex parte that you are aware of;
correct?
A. Correct.
Q. And as far as you know, none of the -- neither
of the other board members has ever participated in a
Coastal Commission hearing where there was any sort of
ex parte issue; correct?
A. Correct.
Q. No one speaking on behalf of Spotlight on
Coastal Corruption has ever appeared at a
Coastal Commission hearing to object to any alleged
ex parte violation; correct?
A. Correct.
Q. No one has ever written on behalf of Spotlight
on Coastal Corruption to the Coastal Commission
objecting to any particular ex parte disclosure or
nondisclosure; correct?
A. Correct.
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Q. You are not aware of any complaints by any
person that they participated in a Coastal Commission
meeting where there was any sort of issue with an
ex parte communication; correct?
A. Not personally.
Q. So you can't complain about an ex parte
violation that is kept secret; right?
A. That's correct.
Q. So other than that obstacle, that you can't
complain about an ex parte violation that is secret,
there are no other reasons why Spotlight on Coastal
Corruption has not brought any alleged violations to the
attention of the Coastal Commission; correct?
A. Well, you can't know what you don't know.
Q. Right. And other than that obstacle, there
are no other reasons that you can testify about why
Spotlight has not brought alleged violations to the
attention of the Coastal Commission; correct?
A. We didn't have time to because we quickly
formed and we filed this lawsuit so that there would be
some resolution to the problem of ex parte
communications, the problems of timeliness, and the
problem with sufficient explanation of what occurred in
meetings with lobbyists.
Q. So you told Mr. Briggs that, prior to reading
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about ex parte issues in the newspaper, you didn't have
information about ex parte violations; right?
A. I had none. I had no reason to think that
there would be problems with ex partes. I assumed that
the commissioners were doing the jobs they had swore to
do properly.
Q. How did that view change once you read the
articles in the paper?
A. Well, I realized that there was a lot of
sloppiness and that the public was getting shut out of
the process.
Q. How important is it to Spotlight on Coastal
Corruption to identify ex parte violations?
MR. BRIGGS: Objection. Vague.
THE COURT: Overruled.
You may answer.
THE WITNESS: It is important.
BY MR. JACOBS:
Q. That's really the highest priority of the
organization; correct?
A. I'd say it's one of the priorities.
One of the priorities is to make sure
commissioners follow the Coastal Act and that the public
is able to participate fully in the hearings. And that
the business is not being done outside the public's
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view.
Q. And the way that Spotlight does that is by
calling out ex parte violations; right?
A. Yes.
Q. You believe that's the most effective way to
address the problems that you read about in the
newspaper; right?
A. Well, if you want me to answer that question,
I'd have to say I think it would be important for the
legislature to address it; but the legislature hasn't.
Q. Spotlight has done a thorough investigation of
ex parte violations by coastal commissioners; right?
A. I believe so.
Q. I mean, that was the purpose for which you
brought the litigation -- you retained counsel and
brought the litigation. That's what the organization
has been trying to do; right?
A. We hired an attorney to investigate our
suspicions that were raised by articles in the
newspaper. And subsequent to our attorney's
investigations, we discovered that, yes, our suspicions
were correct that there were problems.
Q. Do you believe that the organization has now
done a thorough investigation of ex parte violations?
A. As the best that we could, you know, given the
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949
time period and the constraints. Because there's still
a possibility that there's ex parte communications that
just went totally, you know -- are just totally -- were
never filed.
Q. Okay. But putting aside forms that were never
filed, in the two years since -- almost two years since
the case was filed, Spotlight has done a thorough
investigation of this issue, yes?
A. I hope so.
Q. Okay. You are confident in the work that the
organization has done to investigate this, yes?
A. Yes.
Q. How many ex parte violations have there been
since the lawsuit was filed?
A. We haven't investigated subsequent to the
lawsuit.
Q. Okay. Was there any particular reason you
didn't investigate?
A. Well, there's only a certain time period that
we went from the time we filed and then back a couple of
years.
Q. Okay. But in sitting here, you are not aware
of any violations, any ex parte violations since early
August -- let's go back a little farther than when the
lawsuit was filed.
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You are not aware of any ex parte violations
by any commissioner since early August of 2016; correct?
A. I am not.
MR. JACOBS: No further questions, Your Honor.
THE COURT: Time estimate, Mr. Briggs?
MR. BRIGGS: Five minutes.
THE COURT: Do it.
REDIRECT EXAMINATION
BY MR. BRIGGS:
Q. Ms. Burton, did any persons that you know to
be members of Spotlight show up at any point during this
trial?
A. Yes.
Q. Were they in the gallery?
A. Yes, they were.
Q. How many members showed up?
Let me withdraw it and ask it this way.
Can you tell me the names of the persons that
you saw in the courtroom that you know to be members?
A. Yes. Pam Slater-Price, Hershell Price,
Dean Turney, Susan Turney, and Gerald Sodomka.
Q. Okay. And Pam Slater-Price has been here on
multiple occasions; correct?
A. Yes.
Q. There was a question about money being spent
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951
and direction being given to my office?
A. Yes.
Q. Do you recall that?
A. Not specifically. Mr. Jacobs asked a couple
of questions.
Q. In order for SOCC's money to be spent, does
the board need to do anything?
A. Yes. You take direction from us. The board
votes, and then I tell you to spend money.
Q. Okay.
MR. BRIGGS: Nothing further, Your Honor.
THE COURT: Anything further, Mr. Jacobs?
MR. JACOBS: Your Honor, I don't have any
further questions, but I realize that I neglected to
move Exhibit 1260 into evidence.
THE COURT: Any objection?
MR. BRIGGS: Yes. Objection. Privacy and
relevance.
THE COURT: Overruled. I think that the --
when we're talking about privacy, the Court must take a
balancing of the interests in privacy versus the
probative value of the document in question. And in
this case the Court feels that the privacy risk is
minimal inasmuch as the list has first initials and
surnames only and is not going into the records of the
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952
Court but rather would be clerked in by the clerk, used
for purposes of me deciding the case at the trial level,
given back to Mr. Briggs to be held pending submission
to the Court of Appeal in connection with any appellate
review that either side may deem necessary, and I just
think that there's minimal risk of intrusion into
privacy. So the objection is overruled for those
reasons.
May I have that paper, please, Madam?
THE WITNESS: Yes, Your Honor. Here.
THE COURT: Thank you.
THE WITNESS: You're welcome.
THE COURT: I'm going to hand it to the clerk
so that it may be clerked in as received.
(Court's Exhibit 1260 received in
evidence.)
THE COURT: Okay. That brings us to the close
of our proceedings for today.
What is the witness lineup for tomorrow?
MR. BRIGGS: Your Honor, I believe from our
side it will be Al Wanger.
THE COURT: This is in order -- in the order
in which you intend to call the witness?
MR. BRIGGS: Yes, Your Honor. Sorry, no.
Commissioner Kinsey and Al Wanger are the two remaining.
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953
We will take whoever is here at 9:00 in order to keep
things moving.
I would like the Court to know that, with the
exception of moving some exhibits that were produced by
Mr. Wanger as the Coastal Commission's PMQ into evidence
as well as getting some agenda materials that need to be
moved in that the defendants have actually taken the
laboring oar on to prepare, we're looking to rest after
those two witnesses and after those exhibits are put in.
THE COURT: Do you think that
Commissioner Kinsey's testimony will be more like the
witness we heard from today or more like some of the
earlier commissioners?
How many more hours.
MR. BRIGGS: My goal is to have
Commissioner Kinsey be more like Commissioner Howell,
but the Court should be aware that there are more
written and oral disclosures from Commissioner Kinsey
because he's been on the commission longer. And so in
that respect it may take more time, but I'm going to try
to do it collectively as I did today. That appeared to
be more efficient.
THE COURT: Thank you.
Okay. So you expect to rest tomorrow or --
MR. BRIGGS: I'm optimistic that it will be
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954
tomorrow.
THE COURT: Thank you.
MR. JACOBS: So, Your Honor, our case will
not -- I have tried to cover as much material as
possible with the defendants during the plaintiffs' case
in chief. I don't anticipate our case being more than
half a day.
As the Court knows, the estimate for this
trial was eight days. I have two witnesses who are not
available tomorrow but are available on Wednesday. So I
would ask the Court's indulgence.
THE COURT: Have them here without fail.
MR. JACOBS: On Wednesday.
THE COURT: Yes, sir.
MR. JACOBS: They will certainly be here on
Wednesday. They will be here Wednesday morning, but one
of them is on the other side of the country and the
other simply has a conflict that can't be rearranged.
As the Court knows, things were moving much
more slowly until very recently, so our estimates are
off. So I appreciate the Court's flexibility about
that.
THE COURT: I have plenty to do. I have a law
and motion calendar on Friday that I have yet to start
looking at in any real sense. So I'll have plenty to
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955
do.
MR. JACOBS: Okay. Thank you.
And we are continuing to work to come to
stipulations that can shorten testimony. We know
the Court appreciates that, so we are doing what we can.
MR. BRIGGS: One last issue, Your Honor?
THE COURT: Yes, sir.
MR. BRIGGS: If the defendants --
THE COURT: Madam, you are free to step down.
THE WITNESS: Okay. Thank you. I was
waiting.
THE COURT: Sorry about that.
MR. BRIGGS: Your Honor, if we finish with the
evidence on Wednesday, would the Court be amenable to a
closing argument on the affirmative defenses on
Thursday?
THE COURT: Yes.
MR. BRIGGS: Okay.
THE COURT: Not just amenable but wanting
that. I have some specific questions for you. Although
the trial briefs were very good, obviously they were
done before the evidence came in, and I have some
specific questions for you on standing, exhaustion,
substantial compliance, and the statute of limitations.
I would ask that you cover those.
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956
In terms of your post-trial briefing, what I
will be looking for is a set of -- by the defendant, a
set of violations that you believe that you have proved,
assuming the three-year statute and one assuming the
one-year statute applies. I want you to run it both
ways.
MR. BRIGGS: I'm sorry. You want it to be
how?
THE COURT: I want you to run it both ways.
MR. BRIGGS: Oh, okay.
THE COURT: One assuming the -- as I have
understood it, you contend that a three-year statute of
limitations applies.
MR. BRIGGS: Yes, I hear you. I got you.
THE COURT: And your adversary contends that
340(a) applies, one year. And I want to run it both
ways. And then I'm going to hear argument on which
should apply.
But in terms of preparing your post-trial
briefing, I'm going to want you to look at it through
both prisms, if you will.
MR. BRIGGS: Sure.
For the argument on Thursday, the Court is not
expecting us to have the actual violations listed by
that time; correct?
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957
THE COURT: That's right. That's right.
MR. BRIGGS: That will come after the Court
rules.
THE COURT: That's right.
There is going to be a tentative decision, as
I think we previously discussed, addressing all of the
affirmative defenses, and then we're going to get to
remedy in a later proceeding.
MR. BRIGGS: Okay.
MR. JACOBS: Your Honor, there are two things
that the Court inquired about during the trial that we
have identified documents that are responsive to. And
so we would like to -- not right now, but probably
tomorrow, introduce them into evidence; so I just wanted
to let everyone know so that counsel has an opportunity
to consider them and decide whether they want to object
to them.
THE COURT: What are they?
MR. JACOBS: So the Court asked whether other
courts have dealt with the issue of substantial
compliance in connection with ex parte violations or
alleged ex parte violations.
THE COURT: Right, right.
MR. JACOBS: And there is actually a
department of this Court that issued a minute order that
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958
discussed that matter. It's -- the case was called
San Diego Navy Broadway Complex Coalition vs. The
California Coastal Commission. So we have a copy of the
minute order that we would be happy to introduce into
evidence so the Court can consider at least the legal
reasoning that that court employed.
THE COURT: Which judge?
MR. BRIGGS: Judge Wohlfeil.
THE COURT: Judge Wohlfeil, next door.
MR. JACOBS: So we have that and can present
it at whatever time the Court thinks is convenient.
THE COURT: Okay.
MR. JACOBS: The other thing the Court
mentioned at one point was --
THE COURT: Judge Wohlfeil and I were
adversaries in the practice of law. So there's a long
history of me not agreeing with him.
MR. BRIGGS: Well, that's good because I'm
familiar with the minute order. I was on the losing end
of it, and it's up on appeal.
THE COURT: Okay.
MR. JACOBS: So that's one thing.
And then the other thing: The Court made a
comment at one point about how it was hearing a lot
about commissioners saying, "Same here, that I had the
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959
same ex parte communication without evidence of what
preceded it."
THE COURT: Right.
MR. JACOBS: So we would like to play the
video of a Coastal Commission meeting where that
happened, where there was a series of commissioners
making disclosures, and then one of the defendants said,
"I had a similar conversation."
THE COURT: Just one by way of example?
MR. JACOBS: One by way of example.
THE COURT: I'm open to that.
MR. JACOBS: Okay.
THE COURT: As long as it's one of the ones
that we have a snippet, one or more snippets from that's
already in evidence.
MR. JACOBS: It is. And, in fact, that
particular one has been the subject of extensive
testimony, so we thought it would be a particularly good
one.
THE COURT: All right. Good. Okay. I'm
going to go to the doctor. I'll see you tomorrow.
MR. JACOBS: See you tomorrow, Your Honor.
MR. BRIGGS: Your Honor, is it okay if we
remain for a little bit and work to get some things
organized, or do you need us to get out of here?
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THE COURT: I think the clerk needs to switch
gears and Kelly will need to probably come back, so
she'll probably want it quiet in here. The whole
purpose of Kelly not being here today is to catch up on
trial minutes for your case. So I would be grateful if
you would do your work in the corridor or elsewhere.
MR. BRIGGS: Okay.
THE COURT: Thank you.
(Proceedings adjourned at 2:01 p.m.)
---000---
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961
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 March 5, 2018, that my notes were
transcribed into typewriting under my direction, that
the foregoing transcript, pages 800 through 961 is a
full, true, and correct transcript of the said
proceedings.
Dated at San Diego, California, March 8, 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.
''93 [1] - 823:12'94 [1] - 823:12'We're [1] - 890:20'You [2] - 937:5, 8
0000 [3] - 804:2; 909:2;
960:1100028494-CU-MC [1] -
800:1006-08-16 [1] - 809:18
11 [6] - 800:7; 868:17;
889:25; 893:14; 905:11; 936:21
1,133rd [1] - 869:810 [3] - 800:7; 831:3;
922:16100 [2] - 800:12;
838:2411 [2] - 800:12; 893:8111 [1] - 801:51146 [6] - 809:5-7, 21;
811:3, 151190 [1] - 903:1312 [3] - 829:25;
838:24; 850:251256 [1] - 926:211260 [14] - 803:12;
927:1, 8, 10, 18; 928:13, 20; 929:4, 9, 18; 930:19; 951:15; 952:15
12th [1] - 910:1113 [1] - 893:8134th [1] - 864:14135th [1] - 863:913th [1] - 907:714 [3] - 831:3; 874:20;
891:815 [5] - 865:8; 868:7;
908:1; 935:17; 936:515-minute [1] - 889:25151 [1] - 850:251515 [1] - 801:1515th [4] - 918:11;
921:12, 21; 935:2316 [2] - 893:1316th [1] - 809:1217 [1] - 850:2517th [1] - 901:6181st [1] - 873:19194 [1] - 891:81994 [1] - 903:719th [1] - 905:25
1:00 [4] - 852:13; 907:22, 25
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831:16; 850:21; 862:9; 864:17; 878:11; 884:13
2015 [2] - 902:4; 921:12
2016 [30] - 806:17, 24; 808:11, 20, 23; 832:20; 871:23; 872:8; 901:6; 902:8; 903:9; 907:1, 4, 8; 910:11, 16; 911:14, 23; 912:22; 914:3, 7; 916:5, 9; 917:4; 923:5; 932:17; 933:16; 942:9; 944:18; 950:2
2017 [1] - 829:222018 [12] - 800:16;
802:5; 803:3; 804:1; 905:25; 909:1; 921:22; 935:17, 23; 961:9, 14
20th [4] - 862:9; 864:17; 907:1, 4
21 [2] - 920:13, 24210 [1] - 893:8211 [1] - 899:9211th [1] - 898:24220th [1] - 873:1422nd [1] - 806:323 [4] - 891:8; 912:21;
914:2, 624 [2] - 920:24; 922:1525 [1] - 881:226 [9] - 842:15, 17, 23;
843:15; 845:2, 18, 25; 858:23; 879:18
27 [3] - 847:6, 1127th [3] - 871:18;
872:1, 828 [2] - 861:19; 884:1829 [2] - 862:2; 885:172:01 [1] - 960:102:15ish [1] - 852:132nd [1] - 878:11
33 [2] - 893:9; 907:330 [5] - 852:15; 862:7;
863:6; 864:1330th [2] - 899:13, 1531 [4] - 863:18, 21;
887:12310 [1] - 801:932 [1] - 829:2533 [9] - 847:6, 11-12;
864:20; 866:12; 888:22; 898:15, 22; 899:2
34 [2] - 889:2340(a [1] - 956:1635 [2] - 889:63685 [3] - 800:24;
961:5, 1937-2016 [1] - 800:938 [5] - 866:10; 868:1;
889:1, 1039 [3] - 869:12, 16;
889:14390 [1] - 817:20392 [1] - 817:20396 [1] - 817:20397 [1] - 817:20
44 [1] - 829:2540 [8] - 826:8, 10;
870:8; 875:3, 7; 889:18; 894:11; 936:20
400 [1] - 817:20403 [1] - 817:20408 [1] - 817:2141 [3] - 870:25;
889:18; 936:21410 [1] - 817:21411 [1] - 817:21412 [1] - 817:21414 [1] - 817:21417 [1] - 817:2142 [6] - 871:17; 872:9,
12; 873:12; 889:23; 890:5
425 [1] - 817:21426 [1] - 817:22428 [2] - 805:18, 2143 [7] - 873:6, 22;
892:2, 7, 9430 [1] - 817:22432 [3] - 809:1, 3;
811:3437 [1] - 817:22438 [1] - 817:2244 [1] - 892:17
442 [1] - 817:224452 [1] - 801:945 [11] - 842:15, 17,
23; 843:15; 845:2, 18, 25; 879:19; 892:21; 894:11; 896:1
46 [3] - 846:2; 847:23; 848:2
48 [4] - 873:24; 892:6, 24
492 [1] - 806:9496 [3] - 862:19;
863:13; 864:144th [1] - 905:11
55 [10] - 800:16; 802:5;
803:3; 804:1; 868:17; 890:1; 909:1; 961:9, 14
501(c)(3 [2] - 900:22; 901:1
502 [2] - 898:17, 20508 [1] - 868:2351 [7] - 847:1-3, 8, 10,
13, 16510.879.0279 [1] -
801:17512 [4] - 806:5, 11;
873:10515 [4] - 870:11;
871:6, 11, 1352 [3] - 847:10, 1654 [5] - 831:3; 875:1;
925:11; 931:755 [2] - 875:14, 1658 [1] - 877:1558th [1] - 870:205th [1] - 871:23
661 [1] - 878:8619.500.3209 [1] -
801:1062 [3] - 832:10;
875:20; 876:1628 [1] - 806:963 [3] - 876:19, 21;
897:1867 [2] - 879:2; 896:2569 [2] - 871:5, 769954(D [1] - 961:216th [1] - 829:22
77 [1] - 832:10
1
72 [3] - 800:4; 881:1; 928:2
73 [1] - 881:2764 [9] - 803:7;
806:10; 904:9, 13; 905:19; 906:8, 24; 907:10, 14
78 [5] - 846:2, 5, 16; 847:23; 848:2
7952 [1] - 939:17
88 [3] - 838:24; 922:15;
936:21800 [1] - 961:11804 [1] - 802:5805 [1] - 802:10811 [1] - 802:11814 [3] - 897:2, 15817 [8] - 803:8;
909:16, 18; 910:20, 23; 938:20
818 [7] - 803:9; 911:6, 10, 25; 912:4; 939:8, 11
819 [6] - 803:10; 912:14; 913:13, 16; 938:25
820 [8] - 803:11; 913:20, 23; 914:21, 24; 924:2; 925:1
823 [1] - 802:14853 [1] - 802:15879 [1] - 802:16898 [1] - 802:178th [2] - 809:12
99 [1] - 832:1090 [1] - 870:1900 [1] - 802:19907 [1] - 803:7909 [1] - 802:6909.949.7115 [1] -
801:6910 [1] - 803:8912 [1] - 803:9913 [1] - 803:10914 [1] - 803:1191786 [1] - 801:6918 [1] - 802:2192116 [1] - 801:10927 [1] - 803:1394612-0550 [1] -
801:1695 [1] - 870:1950 [1] - 802:22952 [1] - 803:12
961 [1] - 961:1199 [1] - 801:59:00 [2] - 821:24;
953:1
Aability [2] - 929:22;
941:23able [9] - 809:6; 863:2;
867:16; 869:1; 899:8, 14; 929:16; 947:24
absolutely [2] - 867:12; 869:23
accelerate [1] - 842:21access [9] - 826:18,
20; 830:13; 834:6, 16; 867:13; 904:3; 916:25
according [2] - 866:16; 894:18
account [5] - 815:8; 824:21, 24; 825:2; 930:16
accumulated [1] - 940:19
accuracy [1] - 838:19accurate [2] - 856:10,
21accurately [3] -
810:23; 854:17; 863:21
acquainted [1] - 894:25
acquire [1] - 861:4Act [3] - 901:11;
947:23action [1] - 919:9active [1] - 827:23actual [1] - 956:24add [3] - 804:15;
850:4; 855:11added [1] - 855:8addendum [4] -
870:12; 898:18, 21adding [1] - 804:14addition [2] - 827:7;
873:3Additional [2] -
870:14; 871:14additional [3] -
870:15; 871:6, 13additions [5] - 838:19;
854:22; 855:3address [14] - 808:18;
824:7; 834:22; 897:8, 10; 912:19; 938:14, 22; 939:2, 4, 9, 12; 948:6, 10
addressed [2] - 806:1; 939:22
addressing [1] - 957:6adept [1] - 872:3adjourned [1] - 960:10administrative [1] -
833:11admissible [1] -
866:24admit [1] - 928:4advance [2] - 927:24;
942:18adversaries [1] -
958:16adversary [1] - 956:15advice [1] - 922:20advise [1] - 804:13advised [2] - 804:13;
810:20advocacy [1] - 835:15advocate [4] - 836:8,
20; 837:22; 888:7ADVOCATES [1] -
801:7advocates [1] - 837:8aforementioned [1] -
807:19aftermath [1] - 919:22afternoon [4] - 853:2;
908:1; 918:4AG's [1] - 912:6age [1] - 858:9agenda [4] - 858:19;
917:8, 11; 953:6aggrieved [1] - 833:10ago [9] - 826:10;
837:18; 855:2; 868:13; 921:13, 22; 922:10; 930:12
agree [2] - 819:7; 830:3
agreed [1] - 868:18agreeing [2] - 935:10;
958:17agreement [1] - 877:3Aguirre [5] - 902:19;
904:20, 23; 905:5ahead [5] - 811:7;
828:2, 22; 829:23; 844:7
aide [1] - 870:2Al [2] - 952:21, 25ALL [2] - 803:17alleged [5] - 919:8;
945:18; 946:12, 17; 957:22
allegedly [1] - 919:6Allison [1] - 809:9allow [1] - 806:22allowed [1] - 882:23
almost [7] - 808:19; 818:11-13, 19; 819:2; 949:6
alternate [1] - 819:16AM [2] - 802:5; 804:1ambiguous [1] -
834:12amenable [2] -
955:14, 19amount [1] - 820:8AND [3] - 800:2, 7, 11Andriette [1] - 838:2Angel [3] - 835:21, 23;
836:1Angeles [2] - 877:16;
902:9Anne [1] - 836:13Answer [22] - 830:9,
12, 16; 831:10; 832:16; 851:9; 881:7; 891:16, 19, 22, 24; 893:18, 21, 24; 894:2, 6, 9; 921:4; 922:19; 937:3, 8, 14
answer [19] - 813:24; 815:14; 819:12; 820:16; 825:13; 834:14; 835:1; 841:10; 843:25; 844:7; 849:12; 866:23; 885:5; 889:16; 910:6; 922:11; 935:13; 947:16; 948:8
answered [10] - 819:10; 820:13; 845:23; 855:12; 882:4; 887:8; 933:18; 935:6; 937:20
answers [2] - 881:19, 22
anticipate [1] - 954:6ANY [1] - 803:19apart [4] - 821:5;
843:6; 848:10; 916:21
apologies [2] - 806:12; 807:12
apologize [5] - 806:20; 807:14; 811:6; 922:23; 928:3
Appeal [3] - 926:1, 18; 952:4
appeal [2] - 915:7; 958:20
appealed [1] - 885:10appeals [1] - 915:3appear [2] - 806:14;
811:25APPEARANCES [2] -
800:20; 801:1appeared [5] - 817:14;
918:17; 944:22; 945:17; 953:21
appearing [1] - 868:12appellate [2] - 895:12;
952:4applicant [1] - 863:5application [4] -
806:25; 807:1; 825:19; 831:21
applies [3] - 956:5, 13, 16
apply [2] - 831:13; 956:18
appointed [1] - 831:14appointment [1] -
908:2appreciate [3] - 844:5;
929:23; 954:21appreciates [1] -
955:5approach [1] - 927:6appropriate [1] -
888:8Approval [1] - 809:18approve [1] - 807:1April [2] - 899:13, 15archeological [1] -
857:11ARE [1] - 803:17areas [1] - 919:18arena [1] - 822:5argument [3] - 955:15;
956:17, 23argumentative [1] -
819:20ARISES [1] - 803:19art [1] - 895:7Articles [1] - 913:25articles [13] - 902:8;
903:20; 906:9, 15, 20-21; 907:6; 916:5, 9, 14, 18; 947:8; 948:19
aside [2] - 856:9; 949:5
aspect [4] - 834:19, 22; 848:21, 24
aspects [1] - 903:8assert [1] - 925:21assertions [1] -
832:24assistants [2] - 903:1associated [1] -
828:11associates [1] -
836:13
2
assume [3] - 813:12; 816:1; 834:15
assumed [1] - 947:4assuming [3] - 956:4,
11attach [2] - 857:17;
895:23attached [16] - 809:14;
810:15; 856:23; 857:4, 8, 10, 15; 858:3, 6, 14; 862:14; 869:9; 873:7; 878:5; 883:19
attachment [4] - 811:24; 812:1; 883:15
attempt [1] - 842:13attend [2] - 923:18;
925:9attention [4] - 831:25;
832:3; 946:13, 18attorney [11] - 847:17;
881:25; 902:24; 903:4, 6; 904:25; 905:1; 923:24; 924:10; 940:12; 948:18
ATTORNEY [1] - 801:14
attorney's [1] - 948:20attorneys [1] - 831:9August [9] - 806:3;
807:4; 808:20, 23; 809:12; 878:11; 942:8; 949:24; 950:2
authorize [1] - 906:15available [5] - 826:25;
850:15; 851:8; 954:10
avoid [1] - 852:21awake [2] - 831:25;
832:2aware [20] - 826:1, 12;
832:18, 24; 834:19; 904:11; 933:2, 13; 940:16, 18; 941:17, 25; 942:14; 943:22; 945:8; 946:1; 949:22; 950:1; 953:17
BB-u-r-t-o-n [1] -
900:13background [2] -
828:4, 7bad [1] - 828:15BAILIFF [2] - 821:21;
909:12
balancing [1] - 951:21ball [3] - 833:25; 834:3ban [1] - 903:14banned [1] - 943:10Banning [3] - 805:24;
806:1; 807:1Bar [1] - 823:9bar [1] - 903:7Barbara [3] - 874:12;
893:5; 897:20based [7] - 816:19;
827:23, 25; 859:15, 17; 925:21
Beach [22] - 823:17; 826:6; 827:15; 839:14; 844:17; 847:21; 860:2, 4; 864:21; 865:12, 14, 25; 866:3, 5; 876:24; 878:21; 884:19, 22; 885:13; 886:11
beach [2] - 878:25; 885:16
bear [1] - 914:12became [5] - 823:7;
835:9; 880:18; 882:24; 883:3
become [3] - 804:18; 934:17, 21
becomes [3] - 922:7, 18; 934:23
Bee [1] - 902:9beforehand [1] -
903:12beg [1] - 852:14began [3] - 812:15;
902:4, 8beginning [3] -
805:23; 922:15; 936:20
begins [1] - 866:23behalf [6] - 918:18;
919:17; 936:6; 937:24; 945:16, 21
belief [2] - 859:11; 866:17
believes [2] - 827:3; 886:24
bell [3] - 806:17, 24; 897:7
below [1] - 899:14BEST [1] - 803:16best [5] - 853:8;
929:16, 21; 944:13; 948:25
bet [1] - 927:16better [3] - 861:7, 13;
868:14between [16] - 814:17,
19; 815:22; 818:25;
819:4; 824:14, 17; 828:12; 831:22; 879:12; 924:11, 19, 21, 23; 930:9; 932:6
beyond [1] - 876:15bill [1] - 903:13binder [7] - 805:18;
806:5, 10; 809:21; 810:19; 846:4, 6
binders [2] - 806:9; 809:24
biological [1] - 857:9bit [4] - 822:9; 828:6;
902:3; 959:24bits [5] - 929:14;
930:12, 17Black [1] - 862:9black [1] - 906:12Blemker [2] - 836:13,
16board [17] - 823:23;
885:15; 901:21, 24; 920:9; 921:5; 924:12, 20-21, 24; 932:16; 944:20; 945:12; 951:7
Board [2] - 905:23; 906:3
Bonnie [1] - 888:2bother [1] - 810:12BOULEVARD [1] -
801:9Box [5] - 939:5, 13,
16-17, 21box [1] - 806:13boxes [2] - 826:9Brackish [2] - 862:1;
885:18break [3] - 816:15;
852:12, 15Break [2] - 822:2;
853:14Brian [2] - 844:13, 16brief [1] - 902:25briefing [2] - 956:1, 20briefly [1] - 898:12briefs [1] - 955:21BRIGGS [143] - 801:4;
802:12, 14, 16, 20, 23; 804:5; 805:5; 811:14; 814:2; 815:17; 817:7, 9, 12; 819:14, 23; 820:2; 821:3, 10, 18; 823:2; 825:16; 828:5, 14, 17, 23-24; 829:16, 18, 24; 830:5, 17; 831:2, 5, 11; 832:9, 12, 17; 834:18; 835:3; 838:23;
839:1, 4-5; 841:13; 844:19; 849:24; 850:24; 851:2, 14; 852:3, 14, 17; 853:4, 6, 15; 866:20; 879:9, 11; 880:22, 25; 881:4, 8; 882:15; 885:8; 887:11; 891:7, 11, 13; 892:1, 8, 11, 14, 16; 893:7, 15; 894:10, 21; 896:21, 24; 898:10; 899:22; 900:3, 16; 904:6; 905:15, 17; 907:9, 18, 21, 23; 908:3; 909:14; 910:10, 19; 911:1, 5, 24; 912:7, 9, 11, 13; 913:12, 18; 914:20; 915:1, 21-22; 917:21; 925:19; 926:2, 6, 9; 934:12; 935:25; 941:19; 942:2; 947:14; 950:6, 9; 951:11, 17; 952:20, 24; 953:15, 25; 955:6, 8, 13, 18; 956:7, 10, 14, 22; 957:2, 9; 958:8, 18; 959:23; 960:7
Briggs [30] - 804:13; 809:4; 810:20; 811:12; 828:20; 829:23; 844:3; 856:17; 879:8; 896:20; 899:21; 900:7; 924:13, 15, 20, 22; 925:4, 16; 938:6, 14; 939:18, 21; 940:4, 11-12, 20; 941:2; 946:25; 950:5; 952:3
Briggs's [2] - 938:22; 939:1
brilliant [1] - 828:11bring [9] - 829:18;
852:21; 853:1; 920:16; 923:22; 924:5; 926:19; 929:7; 930:8
bringing [1] - 824:9brings [1] - 952:17Broad [2] - 876:24broadly [1] - 919:3Broadway [1] - 958:2brought [5] - 925:12;
946:12, 17; 948:15brown [1] - 927:10building [1] - 822:4buildings [1] - 915:10
built [1] - 915:10Burton [18] - 852:22;
900:3, 12, 17; 904:8; 905:18; 909:3, 15; 911:8; 912:14; 913:19; 915:2; 918:4; 928:20; 933:9; 937:22; 942:14; 950:10
BURTON [4] - 802:18, 21; 900:4; 909:6
business [3] - 914:10; 915:3; 947:25
but.. [2] - 862:21; 884:15
button [2] - 934:15, 17BY [81] - 801:4, 8, 14;
802:11, 14-17, 20, 22-23; 805:15; 806:16; 807:16; 808:1; 811:14; 814:3; 815:17; 817:12; 819:14; 820:3; 821:3; 823:2; 825:16; 828:24; 829:16; 830:17; 831:11; 832:17; 834:18; 835:3; 839:5; 841:13; 844:19; 849:24; 851:14; 853:24; 860:20; 863:1, 17; 866:15; 867:1; 879:11; 881:8; 882:15; 885:8; 887:11; 892:1, 16; 894:10, 21; 896:24; 898:14; 899:11; 900:16; 904:6; 905:17; 909:14; 910:10; 911:1, 5; 912:13; 913:18; 915:1, 22; 918:3; 921:9, 19; 923:3; 928:19; 929:1; 933:8; 934:8, 14; 936:4; 937:21; 941:22; 942:13; 947:18; 950:9
Bylaws [1] - 914:1
CCafe [1] - 876:25calendar [1] - 954:24California [15] - 804:1;
823:9; 837:12; 899:16; 902:4, 10; 903:7; 905:23; 906:3; 909:1; 915:3;
3
958:3; 961:2, 7, 14CALIFORNIA [5] -
800:1; 801:6, 10, 16Cambria [5] - 826:11;
862:1; 885:18; 886:25; 887:3
campaign [1] - 860:7candid [1] - 840:13Canyon [1] - 832:19capability [1] - 882:21capital [1] - 807:10Carbajal [4] - 864:23;
865:1, 17, 24cards [1] - 933:22Carmel [2] - 915:8, 15Carrs [4] - 892:25;
893:1, 17, 20case [18] - 819:22;
824:10; 843:2; 853:9; 857:1; 860:7; 879:13; 902:16; 905:9; 925:25; 949:7; 951:23; 952:2; 954:3, 5-6; 958:1; 960:5
CASE [1] - 800:9catch [1] - 960:4caused [3] - 903:9;
941:18; 942:1Cayucos [1] - 870:4cell [1] - 909:10center [1] - 868:25Central [1] - 899:16certain [4] - 806:3;
807:3; 816:14; 949:19
certainly [7] - 812:13; 831:10; 840:3; 844:11; 849:6; 942:6; 954:15
CERTIFICATE [1] - 961:1
certificate [1] - 906:11certified [1] - 920:18certify [1] - 961:8chair [3] - 835:14;
877:1chance [2] - 808:8;
846:12change [2] - 854:21;
947:7changed [2] - 807:18;
808:2changes [3] - 808:10,
12, 23characterize [5] -
875:11, 17, 19, 21; 930:22
charitable [1] - 912:9Charles [5] - 864:2;
887:14, 16; 902:7; 920:1
check [1] - 944:9checked [1] - 944:2checking [1] - 943:13checks [1] - 930:16chief [1] - 954:6Children's [1] - 878:19Chris [3] - 872:15;
890:9; 891:14CHRONOLOGICAL
[1] - 802:7circumstance [2] -
867:9; 943:6citizen [1] - 885:14City [4] - 823:17;
878:23; 886:12city [7] - 823:22;
824:25; 827:8; 865:19; 902:24; 904:24; 905:1
civil [1] - 827:17claim [1] - 896:2claims [1] - 915:2CLARKE [2] - 801:8;
804:7classic [1] - 866:23Claudia [1] - 885:22CLAY [1] - 801:15clear [6] - 830:1;
831:6; 855:13; 872:4; 874:21; 935:8
clearly [1] - 928:10clerk [3] - 952:1, 13;
960:1Clerk [2] - 829:21;
926:20CLERK [5] - 822:15;
900:8; 926:21; 927:2, 8
CLERK'S [1] - 803:18clerked [2] - 952:1, 14clicking [1] - 810:12client [1] - 891:4close [2] - 915:10;
952:17closing [1] - 955:15closure [1] - 878:25Coalition [1] - 958:2Coast [1] - 899:17COASTAL [4] - 800:6;
801:2; 802:2; 803:2coastal [11] - 807:6;
812:9; 823:4, 7; 824:22; 833:18; 838:8; 883:3; 886:15; 915:9; 948:12
Coastal [119] - 804:17; 808:13; 812:19;
824:5; 825:5, 10, 22; 826:19; 828:15; 830:10, 20, 24; 831:13; 833:14; 835:14, 16; 836:9, 21; 837:9; 839:8, 20, 23; 840:10; 850:12; 851:4; 854:3, 12; 857:24; 861:16, 24; 866:7; 867:3; 870:11; 871:12; 874:22; 879:20, 25; 880:18, 20, 22; 881:6; 882:24; 885:1, 25; 886:8, 13; 888:3, 24; 889:4, 8, 12, 21; 890:1; 892:4, 19, 22; 894:25; 895:3, 7, 11, 17; 896:8; 899:16; 900:19; 901:7, 11-12; 915:4; 916:3; 917:1, 17, 19; 918:15, 19; 919:3, 12, 15, 21; 920:5, 8; 921:11, 21; 922:4, 8; 924:25; 925:7; 929:10; 931:9, 13; 938:5; 939:22; 941:24; 942:16; 943:13, 23; 944:2, 10, 14-15, 22; 945:6, 13, 17-18, 22; 946:2, 11, 13, 18; 947:12, 23; 953:5; 958:3; 959:5
Code [1] - 961:21colleague [1] - 835:24collective [2] - 842:20;
847:24collectively [1] -
953:21Collins [1] - 871:8Colmer [2] - 863:5;
864:17coming [1] - 890:20comment [2] - 866:1;
958:24comments [1] - 876:8Commission [81] -
804:17; 808:13; 812:19; 824:5; 825:5, 10; 826:19; 828:15; 830:20, 24; 831:13; 833:14; 835:14, 16; 836:9, 21; 837:9; 839:8, 20, 23; 840:10; 851:4; 854:3, 12; 857:24; 861:16, 24; 866:7;
867:3; 870:11; 871:12; 874:22; 879:20, 25; 880:18, 20, 22; 881:6; 882:24; 885:1; 886:13; 888:3, 24; 889:4, 8, 12, 21; 890:1; 892:4, 19, 22; 894:25; 895:3, 7, 11, 17; 896:8; 899:16; 902:5; 915:4; 916:3; 917:1, 17, 19; 919:3; 941:24; 942:16; 943:14; 944:10, 15, 22; 945:7, 13, 18, 22; 946:2, 13, 18; 958:3; 959:5
commission [42] - 806:1, 18, 25; 826:7; 831:15, 22; 837:22; 849:1; 850:18, 23; 851:22; 856:22; 857:14; 858:1; 859:12, 25; 860:12, 14, 23-24; 867:11; 868:13, 24; 872:20, 22, 24; 874:11, 14, 16, 18; 880:4; 890:11, 21; 893:2, 5; 894:23; 915:24; 917:7; 919:22; 942:18; 944:23; 953:19
Commission's [6] - 825:22; 830:10; 850:12; 886:8; 917:2; 953:5
commission's [5] - 834:8; 858:15, 21; 873:8; 916:21
Commission-related
[1] - 861:16commissioner [21] -
807:7; 812:9, 15; 823:4, 7; 824:22; 826:24; 827:7; 833:18; 834:21; 835:9; 838:9; 848:24; 850:8; 851:16; 854:2; 856:9; 880:19; 883:3; 886:15; 950:2
Commissioner [5] - 952:25; 953:11, 16, 18
commissioners [17] - 812:11; 831:22; 834:20; 848:16; 849:3; 850:13; 851:6; 901:11;
916:11, 15; 947:5, 23; 948:12; 953:13; 958:25; 959:6
communication [50] - 814:7, 14; 816:8; 824:19; 830:19; 831:19; 840:19; 842:24; 843:6; 848:2, 10, 12; 849:5; 851:17, 24; 854:8; 855:5, 20; 856:7; 859:1; 862:10; 863:23; 864:9, 11, 18, 23; 867:25; 869:16, 19; 870:23; 871:8, 21, 23; 872:16; 873:3; 874:3, 6; 877:13; 883:15; 884:1, 7; 889:25; 890:4; 895:21; 896:5, 14; 931:17; 941:13; 946:4; 959:1
communications [45] - 808:3; 813:1, 17, 19; 814:4; 824:23; 825:2; 830:23; 831:8; 833:1; 835:18, 25; 836:15, 23; 837:15, 24; 838:5, 9; 841:6, 23; 842:1, 10; 843:14, 18; 844:21; 845:1; 854:6, 10; 856:1; 864:8; 880:21; 881:10; 894:13; 901:13; 902:6, 11; 903:11, 21; 916:6, 20; 917:5; 943:10; 946:22; 949:2
communities [1] - 865:22
company [2] - 836:11; 900:25
Company [1] - 836:11comparatively [1] -
820:20compare [1] - 897:1compile [1] - 930:19complain [2] - 946:6,
10complained [1] -
944:15complaints [1] - 946:1complete [3] - 815:8,
19; 944:7completed [2] -
859:11; 867:19completely [1] -
810:23
4
Complex [1] - 958:2compliance [2] -
955:24; 957:21complimentary [1] -
875:22compliments [1] -
876:3comply [1] - 930:8complying [1] -
929:21compound [1] - 885:3comprehensive [4] -
815:8, 19; 929:16; 943:8
computer [2] - 818:24; 861:5
conceal [1] - 854:7concern [3] - 844:4;
916:5; 944:24concerned [3] -
833:15, 19; 916:10concerning [8] -
825:2; 832:7; 835:8; 879:24; 880:3, 18; 881:6; 891:4
concerns [4] - 833:16, 20-21; 876:21
conclusion [3] - 834:11; 925:24; 941:20
conducive [1] - 839:21
confident [3] - 832:2; 860:8; 949:10
confidential [1] - 854:13
confirm [1] - 855:17confirmation [2] -
808:20, 23conflict [1] - 954:18confused [2] - 844:1;
928:4Congress [1] - 865:18Congressman [1] -
865:1connected [1] -
864:13connection [5] -
871:11; 925:4; 944:3; 952:4; 957:21
consider [6] - 857:7; 858:14, 20; 923:16; 957:16; 958:5
consideration [2] - 857:3, 13
consist [1] - 920:9consistently [1] -
808:22constraints [1] - 949:1construct [1] - 828:12
construction [1] - 828:7
consultant [1] - 836:7consultants [2] -
838:17; 855:15CONT [1] - 844:15contact [1] - 905:5contain [1] - 806:14containing [1] -
806:13contemplated [1] -
805:3contend [1] - 956:12contends [1] - 956:15content [1] - 849:4context [4] - 815:24;
830:19; 893:9, 13continuing [1] - 955:3contributing [1] -
920:4contribution [1] -
931:22CONTROVERSY [1] -
803:19controversy [1] -
886:3convenient [1] -
958:11conversation [30] -
814:17; 815:20; 831:20; 856:11, 13; 865:4, 7, 11, 16; 866:2, 6, 8; 868:4, 15; 872:17; 875:6, 9, 17, 21; 876:1, 6, 17, 21, 23; 878:11, 16; 887:23; 888:20; 959:8
conversations [2] - 854:17; 919:20
copies [3] - 810:1; 961:23
copy [12] - 809:25; 810:4, 7; 829:1; 830:8; 920:15, 18; 958:3; 961:22
corporate [2] - 909:24; 914:9
corporation [2] - 900:24; 901:2
Corporation [1] - 938:14
CORPORATION [1] - 801:4
corporation's [4] - 911:17; 912:19; 913:9; 914:17
correct [127] - 807:3; 810:25; 811:18, 21-22, 25; 812:4, 16;
814:11, 15; 816:20; 817:1, 4-5; 818:3, 18; 819:1, 9; 824:3, 11, 15; 825:2, 23; 826:25; 827:1; 830:11, 15, 24; 831:9; 832:1; 833:16, 22; 835:5, 9; 836:9; 837:6; 841:1; 842:24; 843:2; 845:19; 848:2, 6, 25; 849:10, 13; 850:1, 18; 852:1; 859:6; 882:17; 883:6, 16, 20; 885:2, 19-20; 888:19; 892:14; 895:8, 18, 21; 896:3; 902:13; 911:14; 913:6; 916:6; 918:15, 22, 25; 919:15, 23; 920:6; 921:24; 922:1, 5, 8; 924:13, 20; 925:1, 9, 13; 929:10; 931:10; 932:14, 25; 933:15; 934:24; 935:3, 5, 14, 19; 937:24; 938:18; 939:5; 941:6, 15, 18; 942:1, 18, 23; 943:2, 7, 10, 15, 17; 944:11, 16, 25; 945:2, 9, 14, 19, 24; 946:4, 8, 13, 18; 947:20; 948:22; 950:2, 23; 956:25; 961:12
Correct [6] - 816:21; 818:21; 945:10, 15, 20, 25
corrected [1] - 810:8corrections [1] - 848:5correctly [7] - 810:16;
880:7; 889:24; 890:2; 893:3; 904:3; 916:7
correlation [1] - 858:7correspond [2] -
847:11correspondence [5] -
826:9; 856:18, 22; 858:13, 15
corresponding [5] - 846:1, 10-11, 19, 23
corresponds [4] - 847:2, 5
corridor [3] - 821:20; 915:8; 960:6
CORRUPTION [4] - 800:7; 801:3; 802:2; 803:2
Corruption [28] - 900:19; 901:8; 918:15, 19; 919:13, 15, 21; 920:6, 8; 921:21; 922:4, 8; 925:1, 7; 929:10; 931:10, 14; 938:5; 939:22; 943:13, 23; 944:2, 14; 945:6, 17, 22; 946:12; 947:13
Corruption's [1] - 921:11
CORY [1] - 801:4Council [2] - 823:17;
886:12council [1] - 823:22councilman [1] -
827:8Councilmember [1] -
876:9counsel [4] - 829:10;
924:24; 948:15; 957:15
counsel's [1] - 922:19counted [1] - 931:7country [1] - 954:17COUNTY [1] - 800:2County [5] - 832:19;
877:16; 886:2; 961:3, 7
couple [2] - 949:20; 951:4
course [5] - 835:6; 840:4; 867:14; 872:10; 918:8
Court [30] - 804:13; 810:1, 17, 21; 811:6; 832:20; 908:2; 926:1, 18; 927:12; 951:20, 23; 952:1, 4; 953:3, 17; 954:8, 19; 955:5, 14; 956:23; 957:2, 11, 19, 25; 958:5, 11, 13, 23; 961:6
court [10] - 827:23; 833:11; 852:24; 926:7; 935:11; 940:25; 958:6; 961:21, 23
COURT [204] - 800:1; 804:3, 9, 20, 24; 805:6, 12; 806:9; 807:5, 11, 19; 809:20; 810:12; 811:1, 7, 11; 813:23; 815:13; 817:6, 8, 10; 819:11, 21, 24; 820:15; 821:12, 15, 17, 19; 822:1, 5, 10,
18, 21, 23; 825:12; 827:5, 10, 12, 18, 20, 22; 828:1, 9, 15, 18; 829:9, 11, 13, 19; 830:3; 831:4; 832:11; 834:13, 25; 839:3; 841:9; 843:23; 844:2, 14; 849:21; 851:1, 13; 852:5, 8, 11, 16; 853:3, 5, 12, 17, 21; 860:19; 862:22; 863:12, 14; 866:11, 22; 879:7; 880:20; 881:3; 882:5; 885:4; 887:10; 891:9, 12; 892:7, 10, 12; 893:11, 14; 894:18, 20; 896:20; 898:11; 899:5, 20, 23; 900:1, 14; 903:25; 904:16, 24; 905:3, 7, 16; 907:11, 13, 16, 20, 22, 25; 908:4; 909:3, 9; 910:5, 9, 22; 911:3; 912:2, 6, 8, 10, 12; 913:15; 914:23; 915:12, 19; 917:23; 920:14, 20, 25; 921:14, 17; 922:21, 24; 923:2; 925:23; 926:4, 8, 10, 14, 17, 23; 927:3, 7, 9, 16, 21; 928:7, 12, 15, 18, 22, 25; 933:5; 934:6, 13; 936:1, 22; 941:21; 942:3, 5, 12; 947:15; 950:5, 7; 951:12, 16, 19; 952:11, 13, 17, 22; 953:10, 23; 954:2, 12, 14, 23; 955:7, 9, 12, 17, 19; 956:9, 11, 15; 957:1, 4, 18, 23; 958:7, 9, 12, 15, 21; 959:3, 9, 11, 13, 20; 960:1, 8
Court's [12] - 804:15; 810:8; 844:4; 907:14; 910:23; 912:4; 913:16; 914:24; 927:18; 952:15; 954:11, 21
court's [2] - 925:23; 926:5
courthouse [1] - 828:13
courtroom [5] - 909:11; 940:22; 941:6, 8; 950:19
5
courts [1] - 957:20COURTS [1] - 803:6cover [7] - 811:23, 25;
841:22; 849:4; 869:1; 954:4; 955:25
covered [2] - 849:2; 855:18
CPUC [2] - 902:13, 16create [1] - 929:4created [4] - 925:18;
928:20; 930:1, 23creating [2] - 929:5criminal [2] - 827:16,
18crisply [1] - 807:14cross [9] - 829:11, 15;
852:5; 853:11, 19; 917:23; 927:25; 928:1
CROSS [6] - 802:10, 15, 21; 805:14; 853:23; 918:2
cross-examination [2] - 829:15; 853:11
CROSS-EXAMINATION [6] - 802:10, 15, 21; 805:14; 853:23; 918:2
CRR [1] - 800:23Cruz [1] - 826:9crystal [3] - 833:25;
834:2, 4CSR [4] - 800:23;
961:5, 19CTL [1] - 800:10Culbertson [2] -
838:2, 6cumulative [1] - 887:8current [1] - 850:16cut [1] - 878:7
Ddais [5] - 830:22;
831:7, 24; 840:9; 852:1
damage [4] - 886:22; 887:1, 4, 7
dare [2] - 860:13; 927:14
database [1] - 810:5DATE [1] - 802:4date [27] - 806:4;
808:8; 809:11; 841:20; 859:4, 8, 10; 871:18, 23; 872:9; 874:3; 880:14; 883:24; 888:15; 893:23; 894:3, 5;
905:24; 907:6; 910:17; 912:21; 914:2; 929:17; 930:5; 943:20
Dated [1] - 961:14dated [4] - 866:12;
871:25; 910:11; 911:13
Dave [1] - 837:4David [1] - 837:1days [15] - 808:7;
825:22; 834:8; 851:17, 19, 25; 860:10; 874:22, 24; 894:8; 941:12; 942:17, 21; 943:1; 954:9
DCA [1] - 905:11deal [1] - 848:15dealing [1] - 914:9dealt [1] - 957:20Dean [1] - 950:21December [2] -
911:13, 23decide [1] - 957:16decided [3] - 806:25;
832:20; 856:8decides [1] - 895:11deciding [1] - 952:2decision [12] - 826:24;
827:3; 828:12; 832:22, 25; 833:3, 13, 21; 915:24; 931:3; 957:5
decision-maker [1] - 833:13
decisions [2] - 924:16; 937:22
deem [1] - 952:5defendant [1] - 956:2DEFENDANTS [2] -
800:13; 801:12defendants [7] -
940:13; 941:1, 11; 953:7; 954:5; 955:8; 959:7
defendants' [3] - 809:23; 810:3; 927:1
defense [2] - 827:18; 926:22
defenses [2] - 955:15; 957:7
define [4] - 923:7, 9; 936:17
definitely [2] - 806:19; 807:4
delay [2] - 807:15; 867:10
delete [2] - 879:23; 880:5
deleted [11] - 835:7; 860:22, 25; 861:15; 880:2, 8, 10, 12, 14, 17; 881:5
deliberately [3] - 856:2, 13; 860:22
department [1] - 957:25
DEPARTMENT [2] - 800:4; 801:13
Department [2] - 877:16; 928:2
deposition [23] - 824:10; 829:1, 14, 22; 843:2; 848:6; 879:12, 16; 880:14; 918:6, 11, 14, 21-22, 24; 920:13; 923:15; 930:10; 932:6, 9, 12; 935:18; 936:13
deputies [1] - 903:1deputy [3] - 804:16;
821:19; 909:9Desalination [1] -
809:17describe [5] - 815:23;
818:1; 820:11; 891:15; 934:23
described [5] - 818:2; 820:7, 9; 925:3; 934:20
description [1] - 856:10
descriptions [1] - 819:17
Design [1] - 809:18desire [1] - 854:11desk [1] - 918:7destroyed [1] - 931:1details [1] - 856:14Dettmer [1] - 809:9development [1] -
903:15devoted [1] - 868:15Diego [11] - 804:1;
853:4; 909:1; 915:16, 18; 939:17, 20; 958:2; 961:3, 7, 14
DIEGO [2] - 800:2; 801:10
difference [6] - 814:16, 19, 23; 818:23, 25; 819:3
different [5] - 813:10; 820:12; 840:18; 907:7; 939:16
differently [1] - 936:18difficulty [1] - 882:16DIRECT [5] - 802:14,
19; 823:1; 900:15; 909:13
direct [2] - 924:1; 938:16
direction [3] - 951:1, 8; 961:10
director [5] - 804:17; 877:2; 887:22; 888:12; 919:23
Directors [1] - 914:1directors [9] - 901:22;
920:9; 921:6; 924:12, 20, 24; 944:20
disagreeing [1] - 935:10
disaster [1] - 828:18disclose [8] - 813:7,
14; 838:10; 849:4; 851:18; 881:13; 884:10; 893:19
disclosed [9] - 814:5; 821:2; 841:5; 843:9, 14; 849:3; 873:2; 881:18; 916:21
disclosing [1] - 816:7disclosure [73] -
808:6, 9, 18; 809:19; 810:9; 813:15, 18; 814:9; 815:19; 816:2, 4, 6, 12; 818:1; 819:8; 820:21, 25; 838:13; 840:2; 841:1, 16; 846:1, 10-11, 20, 23; 848:8, 25; 850:8, 12; 851:5; 852:1; 854:15; 856:2; 859:24; 860:11; 861:19; 862:8, 14; 863:7; 864:16, 21; 867:10, 17; 868:16; 869:10; 870:9, 22; 871:1, 7; 873:16, 21; 874:1; 877:16, 20; 878:9; 887:14; 893:20; 894:8; 895:24; 899:1; 941:12; 942:1, 17, 21; 943:1, 15; 944:9, 24; 945:23
Disclosure [1] - 809:18
disclosures [41] - 815:23; 816:14; 817:19; 818:16; 820:6, 19, 23; 821:7; 835:8; 839:7, 23; 840:21, 24-25; 842:24; 843:4,
16-17; 844:23; 846:9, 12, 18, 22; 847:23; 848:2, 6, 15; 849:7; 850:5; 856:5; 881:14; 882:1; 884:2, 5; 916:10, 12, 16; 917:6; 944:3; 953:18; 959:7
discovered [1] - 948:21
discovery [1] - 824:20discuss [5] - 865:11;
869:21; 875:9; 896:9, 14
discussed [11] - 809:3; 838:18; 845:16; 865:17, 19-20; 895:20; 926:7; 957:6; 958:1
discussing [4] - 869:5, 25; 873:17; 885:21
discussion [1] - 865:13
discussions [3] - 841:18; 919:25; 924:23
Disenhouse [1] - 904:21
distinguish [1] - 815:22
distributed [4] - 857:18; 858:19; 871:11, 15
District [2] - 823:24; 899:17
ditto [2] - 848:20, 24Division [1] - 905:11docket [1] - 926:5doctor [1] - 959:21document [21] -
863:10; 864:15; 869:8; 870:21; 871:13; 873:20; 898:25; 905:19; 906:1; 909:23; 910:11, 15; 911:16, 20; 912:21; 913:1, 8; 914:12, 16; 951:22
documentation [1] - 933:24
documents [10] - 810:22; 852:22; 853:10; 879:14; 883:23; 904:7; 930:18; 939:7, 25; 957:12
DOES [2] - 800:7, 12Donald [1] - 836:18donate [2] - 934:15;
6
936:9donated [2] - 936:25;
937:23donation [1] - 937:9donations [4] -
930:16; 931:20; 933:16; 934:2
done [20] - 813:14; 815:9; 827:17, 20-21; 835:18, 25; 855:10; 857:11; 867:15; 878:6; 883:12; 904:12; 927:22; 947:25; 948:11, 24; 949:7, 11; 955:22
door [3] - 844:17; 876:7; 958:9
down [8] - 808:7; 853:7; 877:2; 886:24; 890:25; 899:24; 935:11; 955:9
download [1] - 850:1downloaded [1] -
906:2downtime [1] - 852:21dozens [2] - 843:20,
23draft [1] - 808:6drafted [1] - 856:1dramatically [1] -
861:12drawing [1] - 927:19drive [1] - 853:7driving [1] - 828:11dropped [1] - 820:25dry [1] - 878:7dubious [1] - 841:4due [1] - 901:14duly [2] - 822:13;
900:5Dunes [2] - 826:6, 11during [28] - 814:6,
13; 819:17, 22, 25; 828:25; 830:23; 831:9; 832:6, 14; 841:23; 842:1, 9; 843:2; 848:6; 881:9; 884:7; 886:4; 891:4; 895:20; 896:14; 902:24; 940:18; 950:11; 954:5; 957:11
duties [1] - 827:7
EE-r-i-k [1] - 822:21early [2] - 949:23;
950:2easier [1] - 867:5EAST [1] - 801:5edit [1] - 808:6editorialize [1] -
877:23effect [2] - 808:11, 24effective [1] - 948:5efficiency [2] - 857:19efficient [2] - 845:15;
953:22efficiently [1] - 808:13effort [2] - 844:6;
854:7EFFORTS [1] - 803:16eight [1] - 954:9either [8] - 814:5, 8;
874:10; 889:20; 893:1; 933:17; 940:12; 952:5
Election [1] - 914:1electronic [6] - 810:1;
839:12, 14; 840:7; 883:15
electronically [2] - 810:5; 882:10
elements [1] - 890:16elicited [1] - 881:21elsewhere [1] - 960:6email [42] - 808:18,
20, 23; 809:7, 14; 810:15; 811:18, 23, 25; 812:3; 824:7, 9, 21, 25; 839:16, 18-19; 860:14; 882:21; 897:6, 8, 10, 13, 16; 923:11, 16; 924:18, 23; 925:3; 932:3, 7, 13, 20, 24; 933:10, 14; 936:12; 937:7, 12
emailed [3] - 883:9; 931:24
emails [26] - 824:13, 17, 25; 825:1; 835:7; 840:5; 860:22, 24; 861:4, 9, 14, 17; 879:23; 880:2, 6, 8, 12, 17; 881:6; 882:23; 883:5; 923:17; 924:9, 11; 930:15; 931:25
embarrassingly [1] - 875:22
employed [2] - 940:20; 958:6
employee [2] - 939:18, 21
employees [1] - 938:8end [5] - 842:6; 846:5;
891:10, 16; 958:19enlarged [1] - 862:25enlargement [1] -
863:3ensure [1] - 854:16entire [3] - 869:18;
915:14; 934:21entirely [2] - 923:10;
943:10entitled [2] - 840:25;
871:14entity [3] - 900:23;
918:14; 919:12Entity [2] - 905:22;
906:4entrepreneurial [1] -
807:9environment [4] -
886:22; 887:1, 4, 7Eric [1] - 822:18Erik [2] - 821:18;
822:17ERIK [4] - 800:10;
801:12; 802:2; 803:2erik@erikhowell.
com [2] - 824:7, 23essentially [3] -
810:18; 848:20; 895:17
estimate [5] - 852:6; 867:16; 929:17; 950:5; 954:8
estimates [1] - 954:20estimating [1] - 874:6events [1] - 903:20evidence [29] -
809:25; 907:10, 15; 910:20, 24; 911:25; 912:3, 5; 913:13, 17; 914:21, 25; 940:16, 18-19, 24-25; 941:3; 942:6, 9; 951:15; 952:16; 953:5; 955:14, 22; 957:14; 958:5; 959:1, 15
EVIDENCE [1] - 803:5ex [150] - 807:18;
808:3, 12, 18; 812:20, 25; 813:17; 814:4, 6, 13; 816:7; 821:1, 7; 824:18, 23; 825:2; 830:18, 23; 831:8, 12, 19-20; 832:7, 25; 835:8, 18, 25; 836:15, 23; 837:15, 24; 838:5, 9, 13, 18; 840:2, 19; 841:6, 15, 21, 23; 842:1, 6, 9, 24; 843:5, 14, 18;
844:11, 21; 845:1; 848:1, 9, 11; 849:5; 850:8; 851:16, 24; 854:6, 8, 10, 15; 855:18, 20; 856:1, 7; 859:1, 24; 860:11; 863:22; 864:7, 11, 18, 22; 865:23; 867:3, 10, 22, 25; 868:16; 869:16; 870:23; 871:1; 872:16; 873:3, 16, 21; 877:12, 15; 879:24; 880:3, 5, 21; 881:9; 884:1; 886:5; 887:21; 888:12; 889:25; 890:4; 894:5, 13; 895:20, 23; 899:1; 901:12; 902:6, 11; 903:11, 14, 21; 904:2; 916:6, 10, 20; 917:5; 940:14, 25; 941:3, 11; 942:16, 25; 943:9, 15; 944:16, 24; 945:8, 14, 19, 23; 946:4, 6, 10, 21; 947:1, 4, 13; 948:3, 12, 24; 949:2, 13, 23; 950:1; 957:21; 959:1
exactly [6] - 806:2; 814:25; 854:25; 911:23; 929:19; 933:19
EXAMINATION [19] - 802:10, 14-17, 19, 21-22; 805:14; 811:13; 823:1; 853:23; 879:10; 898:13; 900:15; 909:13; 918:2; 950:8
examination [10] - 805:13; 811:2, 7; 829:15; 852:9; 853:11; 918:8, 25; 924:2; 938:17
examined [2] - 822:14; 900:6
example [8] - 826:4, 12; 855:23; 856:17; 857:6; 938:20; 959:9
examples [3] - 867:14; 941:5, 7
Excel [1] - 817:6except [1] - 847:16exception [2] - 848:4;
953:4exceptions [1] -
809:23
exchanges [1] - 925:3excuse [3] - 833:17;
843:10; 880:1excused [2] - 821:15;
899:21executive [4] - 839:24;
887:22; 888:12; 919:22
exempt [1] - 910:2exemption [1] -
909:22exercise [2] - 821:9;
895:12exhaust [1] - 833:9exhaustion [2] -
833:6; 955:23Exhibit [125] - 805:18,
21; 806:5; 809:1, 3, 5-6; 846:5; 847:13, 16; 858:23; 861:19; 862:2, 7-8, 19; 863:6, 13, 18-19, 21; 864:13, 20; 866:10; 868:1, 23; 869:12, 16; 870:8, 11, 25; 871:6, 11, 17; 872:9, 12; 873:6, 10-12, 22, 24-25; 875:1, 3, 7, 14, 16, 20; 876:1, 19, 21; 877:15; 878:8; 879:2, 18; 884:18; 885:17; 887:12; 888:22; 889:1, 3, 7, 11, 14, 23; 890:5; 892:2, 6, 17, 21, 24; 896:25; 897:2, 15, 18; 898:15, 17, 20, 22; 899:2; 904:9; 905:19; 906:8, 24; 907:10, 14; 909:16, 18; 910:20, 23; 911:6, 10, 25; 912:4, 14-15; 913:13, 16, 20-21, 23; 914:21, 24; 924:2; 925:1; 927:18; 928:20; 929:18; 930:19; 938:20, 25; 939:8, 11; 951:15; 952:15
exhibit [19] - 806:13; 810:4, 10; 843:6, 9; 846:10; 848:10, 12, 14; 863:12; 888:23; 896:23; 904:11, 15; 907:3; 911:7; 926:15; 927:1; 961:22
EXHIBITS [3] - 803:5, 17
7
Exhibits [10] - 817:20; 842:15, 17; 843:15; 845:2, 18; 846:2; 847:12; 889:18; 894:11
exhibits [15] - 809:23; 810:3; 820:20; 842:23; 843:8, 21; 844:22; 845:25; 846:16; 879:15; 925:23; 928:5, 9; 953:4, 9
exist [3] - 924:8; 929:13
existed [1] - 930:25existence [2] - 854:7;
929:10exists [5] - 829:2;
830:8; 901:8, 10; 935:3
expect [6] - 833:14, 18; 834:21; 835:4; 859:16; 953:24
expectation [1] - 826:22
expecting [3] - 821:23; 852:18; 956:24
experience [7] - 825:21; 856:21; 858:2, 7; 859:22; 860:3; 883:22
explain [1] - 877:21explaining [1] - 895:2explanation [2] -
882:2; 946:23explicit [1] - 813:15expressed [2] - 844:4;
854:11extensive [2] - 856:18;
959:17extent [3] - 860:10;
890:12; 897:9eye [1] - 899:7
Fface [1] - 841:1facilities [1] - 877:2fact [6] - 813:14;
839:23; 922:3; 938:16; 942:20; 959:16
factor [1] - 920:4factual [1] - 832:24fail [1] - 954:12failure [1] - 813:5fair [4] - 815:5;
817:16; 901:13fairly [1] - 832:2
falls [1] - 850:8familiar [11] - 837:1,
13-14, 20-21; 838:3; 862:20, 24; 876:8; 900:18; 958:19
far [3] - 862:5; 931:8; 945:11
fashion [2] - 860:6; 942:8
favor [2] - 876:10, 16favored [1] - 920:14February [2] - 902:8;
905:25federal [2] - 865:21;
909:22fee [1] - 961:22fellow [1] - 909:10few [8] - 808:7;
809:23; 810:24; 824:10; 825:22; 834:8; 930:2, 12
fewer [1] - 891:24Ficker [2] - 837:11, 16FICKER [1] - 837:12field [1] - 904:4figure [1] - 840:6file [8] - 809:16;
817:14; 842:10; 906:21; 925:24; 940:5; 943:15; 944:10
filed [28] - 812:7, 23; 813:3, 11; 841:3; 865:23; 901:4; 904:2; 906:16, 20; 915:2, 7; 940:8; 941:11; 942:17, 21, 24; 943:1, 23; 944:1; 946:20; 949:4, 6-7, 14, 20, 25
filing [3] - 907:6; 912:18; 943:8
filings [1] - 941:18fill [3] - 838:14, 16;
872:5filled [4] - 855:15;
887:24; 888:11filling [1] - 838:13fine [2] - 874:25;
926:14finish [3] - 806:22;
933:5; 955:13firing [4] - 902:7;
919:22; 920:1, 3first [26] - 822:13;
831:12; 835:9; 844:12; 848:1; 850:23; 870:7; 871:20; 875:15; 878:21; 897:5;
900:5; 904:14; 905:18; 906:25; 907:5; 910:12; 911:19; 912:25; 919:2; 927:11; 932:13, 18, 24; 933:9; 951:24
five [3] - 823:19; 890:7; 950:6
flag [1] - 853:16flexibility [1] - 954:21fliers [1] - 860:7focus [2] - 847:22;
906:24focuses [1] - 902:2folks [1] - 804:3follow [5] - 811:1;
901:12; 915:23; 920:15; 947:23
followed [4] - 898:18; 901:11; 942:22; 943:3
following [5] - 813:25; 902:5; 903:20; 925:25; 941:10
follows [4] - 805:10; 822:14; 900:6; 909:8
FOR [3] - 800:2; 801:2, 12
foregoing [1] - 961:11form [59] - 808:9;
809:19; 810:9, 16; 814:9; 816:2, 5-6; 817:18; 820:21; 839:8, 20; 840:7; 855:4, 11, 21; 856:3; 859:5, 8, 11; 861:19; 862:8, 14; 864:17, 21; 868:16; 869:10; 870:9, 22; 871:1, 7, 18, 25; 872:4; 873:4, 16, 21; 877:16; 882:10; 887:18, 24; 888:6, 11, 14-15, 21; 899:1; 903:9, 23; 924:9, 18; 929:11; 942:21; 943:1, 15
formation [2] - 919:20; 920:5
formed [5] - 901:3, 16, 20; 944:21; 946:20
former [3] - 835:14; 847:20; 876:9
forming [1] - 944:17forms [18] - 838:13,
21; 840:2; 850:12; 851:5; 854:16, 25; 855:14; 856:2; 859:24; 860:11; 867:3, 17; 882:9;
941:12; 944:10; 949:5
forth [2] - 828:16; 922:22
forward [2] - 822:7; 833:20
forwarded [2] - 809:9; 888:17
foundation [3] - 813:22; 815:12; 841:7
four [2] - 855:23; 902:25
FPPC [1] - 882:9frame [1] - 819:25Franchise [2] -
905:23; 906:3Francisco [1] - 860:4Frank [1] - 835:21free [3] - 861:9; 910:7;
955:9freeze [1] - 883:17Friday [4] - 804:19;
805:23; 809:3; 954:24
friend [3] - 868:10; 870:3; 885:12
friendly [3] - 828:6; 852:5; 853:18
Friends [1] - 832:18friends [1] - 845:8front [15] - 805:19;
806:6; 816:25; 826:7; 857:25; 858:24; 861:21; 862:3; 863:3, 19; 870:10; 871:3; 909:16; 911:7; 938:21
froze [1] - 861:5full [11] - 815:7, 18;
816:12; 822:15; 900:10; 925:9, 11; 937:23; 938:2; 944:5; 961:12
fully [4] - 816:7; 832:23; 840:13; 947:24
future [1] - 928:2
Ggallery [2] - 909:10;
950:14gears [1] - 960:2general [5] - 825:14,
17; 830:14, 21; 870:6
GENERAL [1] - 801:14generally [8] - 807:23;
808:4, 9, 12; 809:23; 833:2; 867:5; 868:13
Gerald [3] - 901:25; 921:7; 950:21
given [8] - 804:19; 826:3; 848:17; 856:5, 10; 948:25; 951:1; 952:3
glasses [2] - 862:21goal [1] - 953:15gobbledegook [1] -
810:10Goleta [7] - 864:21;
865:12, 14, 25; 866:3, 5; 876:25
Government [1] - 961:21
government [1] - 865:21
grabs [1] - 895:18gradually [1] - 839:19granted [2] - 866:22;
922:21grateful [1] - 960:5grew [1] - 827:15grounds [1] - 819:21groundwater [1] -
865:20Grover [1] - 847:21guess [10] - 804:22;
826:16; 827:16; 843:10; 844:10; 857:21; 866:18, 23; 883:1; 930:21
guessing [1] - 891:9GUILD [1] - 801:7
HH-o-w-e-l-l [1] -
822:17half [10] - 811:3;
860:8; 865:10; 869:20, 22, 24; 921:13, 22; 922:10; 954:7
Hall [2] - 828:13; 878:23
hammering [1] - 828:10
hand [5] - 818:8; 822:11; 860:13; 900:7; 952:13
handful [1] - 855:7handing [1] - 925:16handle [3] - 894:24;
895:17; 940:11handled [2] - 832:25;
905:9handwriting [3] -
8
840:4; 928:23handwritten [2] -
927:11, 13handy [1] - 918:9hang [2] - 899:5;
925:19Hannah [2] - 870:2, 6Hansch [1] - 804:16happy [3] - 821:24;
920:17; 958:4hard [3] - 811:1;
882:11; 942:7harm [2] - 888:10;
919:6head [1] - 841:17header [1] - 809:8hear [6] - 820:19;
828:8; 880:7; 890:24; 956:14, 17
heard [11] - 806:18, 25; 825:4; 826:10; 833:5; 840:24; 904:19; 940:18, 24; 942:9; 953:12
hearing [28] - 806:3; 814:9; 825:23; 834:8; 840:24; 850:14; 851:17, 25; 861:24; 870:14; 885:1, 9, 19; 893:2; 927:4; 941:13; 942:18, 22; 943:2, 14; 944:4, 10; 945:7, 13, 18; 958:24
hearings [5] - 829:1; 830:7; 851:7; 919:3; 947:24
hearsay [1] - 903:24held [6] - 823:18, 21;
824:3; 925:7; 952:3; 961:9
help [4] - 853:12; 861:7; 865:21; 906:24
helping [1] - 937:10helps [1] - 828:3hereby [1] - 961:7Hershell [1] - 950:20hi [2] - 878:24highest [1] - 947:19highlight [1] - 853:9highlights [2] - 898:5,
7hike [1] - 885:12hiking [1] - 885:16Hill [1] - 862:9hired [1] - 948:18historic [1] - 851:11history [5] - 902:20,
23; 904:20; 919:14;
958:17hold [7] - 823:13;
828:16; 866:11; 911:3; 915:12; 922:22; 928:22
home [3] - 840:3; 859:13; 866:19
homes [1] - 891:24HON [1] - 800:4honest [3] - 812:8, 11;
840:11Honor [105] - 804:5-8,
12; 805:5, 11; 806:12; 807:12, 22; 809:22; 810:14; 811:5, 8-9; 813:21; 817:7; 821:10, 21-22; 822:3, 8, 19, 22; 827:14, 25; 829:7, 24; 830:1; 831:2; 832:9; 838:23, 25; 843:19; 844:9, 15; 850:24; 851:10; 852:3, 7, 10; 862:23; 863:13, 16; 866:14; 879:6; 881:1; 882:4; 891:7; 892:8; 893:7, 12; 894:17; 896:22; 898:10, 12; 899:4, 7, 19, 22, 25; 903:24; 905:15; 907:9, 12, 24; 908:3; 909:12; 910:19, 21; 911:24; 913:12; 914:20; 917:21; 918:1; 920:12, 17, 23; 921:1; 922:14, 23; 925:20; 926:13; 927:8, 15; 928:3, 5, 11, 17; 933:7; 936:19; 942:11; 950:4; 951:11, 13; 952:10, 20, 24; 954:3; 955:6, 13; 957:10; 959:22
hope [3] - 833:23; 840:12; 949:9
hopefully [1] - 842:21hour [9] - 852:7, 12;
865:10; 869:20, 22, 25; 872:18; 908:1
hours [3] - 817:14; 874:20; 953:14
Howell [26] - 821:18, 20, 23; 822:3, 7, 17; 823:3; 830:18; 842:13, 18; 852:19; 853:25; 854:2; 860:21; 864:16;
867:2; 869:1, 13; 870:22; 871:7; 875:5; 879:12; 897:3; 898:15; 899:8; 953:16
HOWELL [6] - 800:10; 801:12; 802:3, 13; 803:2; 822:12
huge [1] - 886:3hundred [1] - 882:8Hundriches [1] -
878:12
Iicon [1] - 810:13idea [4] - 859:8; 870:6;
872:2; 922:3identification [2] -
927:17, 20identified [2] - 810:24;
957:12identify [2] - 884:6;
947:13identity [1] - 925:22IF [1] - 803:19immediate [1] - 846:6immediately [2] -
867:15, 22impeachment [2] -
830:2; 851:12impeded [1] - 942:15important [3] -
947:12, 17; 948:9improper [4] - 829:11;
902:6; 941:3IN [3] - 800:1; 803:5inaccuracies [1] -
854:20inaccurate [1] -
863:25inasmuch [1] - 951:24INCLUDE [1] - 803:17include [2] - 856:8;
938:1included [5] - 826:14;
845:10; 856:19; 861:16; 924:10
includes [1] - 849:25income [2] - 909:22;
940:5inconvenience [1] -
811:6incorporated [1] -
906:25Incorporation [1] -
913:25incorporation [2] -
906:9, 22incorrect [2] - 832:6,
15indeed [1] - 912:12independent [9] -
821:6; 864:3; 865:3; 869:13, 15; 875:25; 876:20; 878:10, 15
independently [7] - 843:4, 15; 848:9; 849:9, 13, 19; 894:4
INDEX [2] - 802:7; 803:16
indicated [3] - 894:12; 902:12; 918:24
indicates [1] - 871:25indication [1] - 935:1individual [1] - 942:15indulgence [2] -
852:14; 954:11industry [1] - 903:16information [56] -
813:5, 7, 13, 15; 819:8, 16; 820:9, 24; 821:1; 825:18, 21, 24-25; 826:23; 827:2; 830:13; 834:16; 840:17, 20; 841:5, 15, 19; 845:4, 9, 17; 848:17; 850:4; 854:12; 855:10, 19; 856:3, 6, 8; 857:22; 872:4; 874:5; 876:5; 877:12; 878:2; 881:23; 882:13; 904:4; 916:11, 13, 15, 17, 19, 23; 930:24; 943:18, 25; 944:7, 12; 947:2
initial [2] - 913:24; 924:3
initials [2] - 927:11; 951:24
inquire [2] - 822:24; 900:14
inquired [1] - 957:11instance [1] - 820:22instances [1] - 826:13instructs [1] - 938:6intend [2] - 804:15;
952:23intent [1] - 852:12INTEREST [1] - 801:7interested [6] -
831:22; 836:8; 850:9; 885:14; 901:23; 902:1
interests [1] - 951:21internal [1] - 961:23Internet [2] - 856:24;
867:13interrupt [2] - 844:3;
904:18interruption [1] -
860:18introduce [2] - 957:14;
958:4intrusion [1] - 952:6invest [1] - 807:10investigate [3] -
948:18; 949:11, 18investigated [1] -
949:15investigation [3] -
948:11, 24; 949:8investigations [1] -
948:21invited [2] - 925:8, 10involved [6] - 904:21;
905:11; 917:18; 919:25; 923:24; 924:16
involvement [3] - 886:9; 941:9
IRS [2] - 910:2; 940:1Irvine [4] - 939:4, 8,
12, 20issue [19] - 835:4;
853:16; 895:4, 6, 14, 16; 896:11, 13, 16, 19; 926:4; 933:21; 941:2; 944:16; 945:14; 946:3; 949:8; 955:6; 957:20
issued [1] - 957:25issues [5] - 901:23;
903:3, 10; 945:8; 947:1
item [3] - 885:18; 917:8, 11
items [1] - 889:20itself [5] - 820:21;
821:1; 845:10, 17; 930:19
Jjack [1] - 828:10Jackson [1] - 903:14Jacobs [9] - 816:17;
844:2; 893:1; 898:11; 918:5; 927:21; 931:2; 951:4, 12
JACOBS [120] - 801:14; 802:11, 15, 17, 22; 804:6, 12, 23, 25; 805:15; 806:12, 16; 807:12, 16; 808:1; 809:22; 810:14; 811:5, 8; 813:21; 815:11;
9
819:10, 19; 820:13; 821:14, 22; 822:3; 825:11; 829:7, 10, 12; 830:1; 834:10, 24; 838:25; 841:7; 843:19; 851:10; 852:7, 10; 853:24; 860:20; 863:1, 13, 15, 17; 866:15; 867:1; 879:5; 882:4; 885:3; 887:8; 893:10, 12; 894:16, 19; 898:12, 14; 899:4, 7, 11, 18; 903:24; 907:12, 24; 910:4, 21; 912:1; 913:14; 914:22; 918:1, 3; 920:12, 17, 23; 921:1, 9, 16, 19; 922:14, 23, 25; 923:3; 926:13, 16; 927:15; 928:3, 10, 17, 19; 929:1; 933:8; 934:8, 14; 936:4, 19, 23; 937:21; 941:22; 942:4, 10, 13; 947:18; 950:4; 951:13; 954:3, 13, 15; 955:2; 957:10, 19, 24; 958:10, 13, 22; 959:4, 10, 12, 16, 22
James [1] - 822:17JAMES [2] - 802:13;
822:12January [12] - 871:18;
872:1, 8; 918:11; 921:12, 21; 922:5; 932:6; 935:17, 23; 936:5, 20
Jared [1] - 837:11JARED [1] - 837:11Jeff [1] - 809:9jest [1] - 828:16jobs [1] - 947:5JOEL [1] - 801:14John [1] - 865:18Jonna [1] - 849:1judge [1] - 958:7Judge [3] - 958:8, 15July [1] - 910:11jump [2] - 806:9;
847:1jumping [1] - 806:20June [10] - 809:12;
901:6; 907:1, 4, 7; 912:21; 914:2, 6; 944:18
junior [1] - 837:6jurisdiction [2] -
895:12, 18JUSTICE [1] - 801:13Justice [1] - 828:13justified [3] - 812:18,
24; 813:4
KKathryn [2] - 900:3, 12KATHRYN [5] -
802:18, 21; 900:4, 12; 909:6
keep [3] - 847:25; 856:15; 953:1
Kelly [2] - 960:2, 4kept [3] - 909:23;
913:9; 946:7kids [1] - 845:12kind [5] - 847:15;
854:4; 857:6; 933:24; 936:25
kindly [3] - 805:6; 909:3; 928:1
kinds [1] - 878:2Kinsey [5] - 852:18,
20; 952:25; 953:16, 18
KINSEY [4] - 800:10; 801:12; 802:2; 803:2
Kinsey's [1] - 953:11knowing [1] - 856:16knowledge [6] -
825:15, 17; 830:21; 943:12; 944:13, 21
knowledgeable [2] - 921:10, 20
known [3] - 832:18; 880:13; 900:18
knows [2] - 954:8, 19
Llaboring [1] - 953:8lack [1] - 868:14lacks [1] - 815:11Lamport [2] - 837:19,
25laptop [2] - 810:2, 8large [4] - 810:21;
834:16; 861:14; 915:9
last [21] - 805:7; 812:6; 816:13; 817:4, 16; 818:23; 819:3, 18; 821:4; 822:16; 844:4; 846:8; 865:6; 868:6; 869:19; 872:17; 890:5; 900:11; 914:13; 930:1; 955:6
late [10] - 806:17, 24; 872:14; 890:6; 916:16; 941:18; 942:1; 943:14; 944:3, 9
laughing [1] - 828:17LAUREN [1] - 801:15Law [1] - 938:14law [12] - 827:7, 16-17;
938:22; 939:1; 942:22, 24; 943:2, 5; 954:23; 958:16
LAW [1] - 801:4lawsuit [15] - 812:7,
17, 23; 813:3, 11; 832:19; 841:3; 902:5; 904:21; 916:25; 944:1; 946:20; 949:14, 16, 25
lawyer [3] - 823:11; 883:22; 927:24
lawyers [1] - 902:15leading [1] - 910:4leads [1] - 931:18learn [1] - 831:12learned [2] - 832:5, 14learning [1] - 903:19least [9] - 812:7;
822:5; 826:25; 882:24; 927:12; 940:22; 942:21; 943:1; 958:5
leave [7] - 844:23; 845:2, 4, 13; 866:11; 907:16, 18
Lecont [1] - 844:13LECONT [1] - 844:14led [2] - 919:20; 920:5Lee [1] - 876:9left [3] - 820:23; 846:6;
905:4legal [5] - 834:11;
883:23; 884:2; 941:20; 958:5
legally [2] - 938:13, 17legislature [2] -
948:10length [1] - 927:13lengthy [1] - 898:4less [1] - 860:8Lester [6] - 809:10;
864:4; 887:14, 16; 902:7; 920:1
Lester's [1] - 864:2letter [11] - 895:21, 23;
905:24; 911:11, 13; 931:21, 23; 933:19; 935:20; 937:5, 11
Letter [2] - 905:22;
906:4letters [1] - 935:22level [2] - 904:4; 952:2liability [1] - 900:24light [1] - 804:18likelihood [1] - 858:2likely [3] - 859:11;
866:17; 867:21likewise [1] - 912:2limitations [2] -
955:24; 956:13limited [1] - 900:24Line [10] - 881:2;
893:9, 13; 920:24; 922:15; 936:21
line [5] - 815:25; 829:8, 14; 870:14; 920:22
Lines [7] - 829:25; 831:3; 838:24; 850:25; 891:8; 893:8, 11
lines [2] - 832:10; 893:4
lineup [1] - 952:19lingering [1] - 858:11list [22] - 863:21, 25;
925:12, 15; 926:12, 25; 927:2, 11; 929:8, 13, 16; 930:8, 20, 23-25; 931:6; 932:4, 22; 951:24
listed [4] - 811:17, 20; 938:22; 956:24
litigation [6] - 904:22; 925:5; 932:2; 941:10; 948:15
live [1] - 827:14lives [2] - 870:3;
885:13lobbyist [1] - 903:15lobbyists [1] - 946:24local [3] - 867:23;
870:2; 886:14lodge [1] - 925:25Lois [2] - 961:5, 18LOIS [1] - 800:23lois.mason51@
gmail.com [1] - 800:24
look [35] - 806:10; 811:3; 812:1; 820:18; 829:17; 842:17; 846:14; 847:15; 862:20, 24; 870:5; 884:18; 885:17; 886:18; 887:12; 888:22; 889:1, 6, 10, 14, 18, 23; 892:2, 6, 17;
893:22; 896:1; 897:5; 904:8, 10; 905:18; 907:5; 917:8; 956:20
looked [8] - 817:13, 18; 824:20; 842:18; 846:15; 881:25; 888:17; 916:2
looking [15] - 810:7; 811:15; 816:16; 820:19; 821:4; 824:17; 872:25; 877:25; 878:1; 887:13; 892:24; 953:8; 954:25; 956:2
looks [5] - 809:7; 810:9; 872:6; 926:21
Loperena [1] - 868:2Los [2] - 877:16; 902:9losing [1] - 958:19lost [2] - 822:9; 931:1loud [1] - 828:19love [1] - 876:12Lucia [1] - 823:23LUCIA [1] - 823:25Luis [1] - 886:2lunch [10] - 845:6;
852:25; 872:14; 876:24; 890:6, 8; 891:4; 897:20; 916:4
Mma'am [2] - 927:9;
935:7Mac [2] - 861:11;
880:8machine [1] - 961:8Madam [7] - 829:21;
904:18; 926:20; 928:13; 933:5; 952:9; 955:9
magnify [1] - 899:12mail [11] - 839:10-13;
860:2, 4-5, 9, 11; 939:19, 21
mailed [4] - 859:14, 18, 24; 860:1
mailing [1] - 912:19main [1] - 930:17maintaining [1] -
865:25major [1] - 847:18majority [4] - 866:9;
867:20; 931:15; 933:16
maker [1] - 833:13malpractice [1] -
827:21managing [1] - 903:2
10
Mar [1] - 823:23MAR [1] - 823:25March [4] - 804:1;
909:1; 961:9, 14MARCH [4] - 800:16;
802:5; 803:3mark [2] - 911:3; 927:8Mark [1] - 868:10MARK [6] - 800:11;
801:12; 802:3, 10; 803:2; 805:8
marked [5] - 806:13; 904:9; 927:10, 16, 19
MARKED [1] - 803:18MARTHA [4] - 800:11;
801:12; 802:3; 803:2Martin [4] - 861:20,
23; 884:23; 885:11Martin's [1] - 884:19MASON [1] - 800:23Mason [2] - 961:5, 18Massara [2] - 868:9material [7] - 813:5, 7,
13; 826:13; 840:16, 21; 954:4
materials [24] - 826:18; 834:6; 841:22, 25; 842:4, 9; 845:22; 849:8, 10, 25; 850:13; 851:6; 858:19; 870:15; 871:6, 10, 13-14; 878:2; 916:2; 917:9; 953:6
matter [25] - 805:24; 815:8; 833:15; 854:3, 12; 856:23; 861:23; 862:15; 866:7; 868:2, 16; 869:5; 870:9; 884:25; 885:24; 890:2; 895:18; 896:2; 898:21; 902:2; 915:23; 916:20; 940:2; 941:14; 958:1
matters [20] - 860:23; 865:11; 866:3; 869:21, 25; 872:19, 21, 24; 875:10; 879:24; 880:3, 18, 20, 23; 881:6; 886:18; 894:24
mayor [3] - 847:18, 20; 865:19
Mayor [3] - 847:20; 865:18; 876:9
McCabe [4] - 836:4, 6, 11, 16
MCCLURE [4] - 800:11; 801:12; 802:3; 803:2
mean [17] - 811:2; 816:7; 826:16; 832:6; 839:12; 844:16; 845:8; 848:23; 849:22; 855:3; 877:6; 884:12; 894:22; 897:8; 942:5; 944:17; 948:14
meaning [1] - 937:23means [6] - 816:8;
825:9; 833:8; 852:20; 894:23; 895:2
meant [2] - 813:6; 877:21
medical [2] - 827:21; 908:2
meet [1] - 893:16meeting [27] - 826:15;
831:22; 840:10; 841:17, 20; 854:4; 871:12; 872:14; 874:11, 15, 17; 891:17; 892:25; 893:1, 5; 897:19; 913:25; 914:6; 923:7; 924:3; 925:8, 10; 942:16; 944:15, 22; 946:3; 959:5
meetings [22] - 812:20; 826:19; 831:13; 854:3; 860:14; 874:19, 23; 901:14; 923:4, 10, 13, 15, 25; 924:8, 18; 940:14, 17; 941:1, 3, 24; 946:24
member [16] - 823:9, 17; 834:21; 882:25; 886:11; 887:13; 922:7, 18; 924:11, 16; 934:17, 21, 24; 937:6, 9
members [39] - 833:14, 18; 834:5, 15; 901:22, 24; 919:7; 920:8; 921:2, 23; 922:3; 924:19, 21, 24; 925:22; 931:9, 13, 19; 932:9, 14, 16, 22, 25; 933:11, 15; 935:19, 24; 936:7, 10, 15; 937:2, 13, 16, 18; 944:19; 945:12; 950:11, 16, 19
membership [25] - 919:13; 921:4, 11; 925:9, 11-12; 929:8, 12-13; 930:20, 23-25; 931:6, 25; 932:19; 933:21, 25; 935:2; 936:17; 937:23; 938:3; 944:5
memorialized [2] - 859:2; 875:6
mention [1] - 898:7mentioned [5] - 808:4;
824:6; 882:6; 916:4; 958:14
mentions [1] - 858:18merely [1] - 815:19mess [2] - 886:7, 12message [3] - 809:15;
932:21; 936:13messages [1] - 924:19met [2] - 893:19;
903:14metadata [1] - 817:13meticulous [1] -
917:17Mia [1] - 902:19mic [6] - 814:9; 828:7;
848:17, 25; 873:3; 874:1
Michael [1] - 902:19microphone [1] -
820:23midmorning [1] -
852:8might [12] - 819:24;
829:7; 836:3; 837:17; 857:7, 10, 12; 861:15; 896:10, 15; 921:14
Miller [2] - 870:2; 927:19
mind [13] - 812:18; 814:16, 19, 23; 815:15; 818:15, 22; 843:20; 844:8; 856:6; 857:12; 881:19; 941:5
mine [3] - 868:10; 870:3; 885:12
minimal [2] - 951:24; 952:6
minute [4] - 904:17; 957:25; 958:4, 19
minutes [19] - 865:8; 868:7; 890:7; 891:18; 908:1; 913:24; 914:2; 923:14, 16, 23; 924:2, 5, 8-9, 17, 25; 930:12; 950:6;
960:5MINUTES [1] - 803:19misprinted [1] - 810:6misrepresented [2] -
886:25; 887:3miss [1] - 892:15misstates [3] - 819:19;
894:17; 935:25misunderstood [2] -
843:10; 880:11MITCHELL [4] -
800:11; 801:12; 802:3; 803:2
moment [2] - 855:2; 920:19
momentarily [1] - 822:4
Monday [2] - 804:1; 909:1
MONDAY [4] - 800:16; 802:5; 803:3
money [4] - 938:6; 950:25; 951:6, 9
MONIQUE [1] - 801:8Monterey [1] - 915:15month [3] - 921:12,
22; 922:10months [1] - 824:10morning [20] - 804:3,
5-8; 805:11, 16-17; 807:21; 821:24; 823:3; 852:19; 853:7, 25; 854:1; 881:14; 900:17; 954:16
morning's [1] - 842:21most [11] - 845:15;
856:25; 861:4; 882:9; 890:7; 921:10, 20; 924:15; 934:2; 940:22; 948:5
mostly [5] - 821:8; 848:18; 854:23; 866:8
motion [3] - 866:22; 920:4; 954:24
motivating [1] - 903:22
motivation [1] - 904:1move [8] - 866:21;
879:4; 907:9; 910:19; 911:25; 913:12; 914:20; 951:15
moved [1] - 953:7moving [4] - 847:25;
953:2, 4; 954:19MR [260] - 802:11,
14-17, 20, 22-23; 804:5, 12, 23, 25;
805:5, 15; 806:12, 16; 807:12, 16; 808:1; 809:22; 810:14; 811:5, 8, 14; 813:21; 814:2; 815:11, 17; 817:7, 9, 12; 819:10, 14, 19, 23; 820:2, 13; 821:3, 10, 14, 18, 22; 822:3; 823:2; 825:11, 16; 828:5, 14, 17, 23-24; 829:7, 10, 12, 16, 18, 24; 830:1, 5, 17; 831:2, 5, 11; 832:9, 12, 17; 834:10, 18, 24; 835:3; 838:23, 25; 839:1, 4-5; 841:7, 13; 843:19; 844:19; 849:24; 850:24; 851:2, 10, 14; 852:3, 7, 10, 14, 17; 853:4, 6, 15, 24; 860:20; 863:1, 13, 15, 17; 866:15, 20; 867:1; 879:5, 9, 11; 880:22, 25; 881:4, 8; 882:4, 15; 885:3, 8; 887:8, 11; 891:7, 11, 13; 892:1, 8, 11, 14, 16; 893:7, 10, 12, 15; 894:10, 16, 19, 21; 896:21, 24; 898:10, 12, 14; 899:4, 7, 11, 18, 22; 900:3, 16; 903:24; 904:6; 905:15, 17; 907:9, 12, 18, 21, 23-24; 908:3; 909:14; 910:4, 10, 19, 21; 911:1, 5, 24; 912:1, 7, 9, 11, 13; 913:12, 14, 18; 914:20, 22; 915:1, 21-22; 917:21; 918:1, 3; 920:12, 17, 23; 921:1, 9, 16, 19; 922:14, 23, 25; 923:3; 925:19; 926:2, 6, 9, 13, 16; 927:15; 928:3, 10, 17, 19; 929:1; 933:8; 934:8, 12, 14; 935:25; 936:4, 19, 23; 937:21; 941:19, 22; 942:2, 4, 10, 13; 947:14, 18; 950:4, 6, 9; 951:11, 13, 17; 952:20, 24; 953:15, 25; 954:3, 13, 15; 955:2, 6, 8, 13, 18;
11
956:7, 10, 14, 22; 957:2, 9-10, 19, 24; 958:8, 10, 13, 18, 22; 959:4, 10, 12, 16, 22-23; 960:7
MS [5] - 804:7; 807:22; 926:25; 927:6
MTDB's [1] - 828:11multiple [1] - 950:23must [3] - 833:10;
933:5; 951:20
Nn-o [1] - 937:20name [11] - 822:15;
836:18; 837:1, 12, 14, 19; 838:2; 864:2; 900:10
namely [1] - 834:7names [3] - 926:6;
931:5; 950:18Napa [2] - 873:1;
890:9nature [3] - 827:12;
894:13; 896:6Navy [1] - 958:2necessarily [5] -
815:6; 857:7, 10, 15; 881:24
necessary [5] - 804:18; 884:10; 887:19; 893:8; 952:5
need [11] - 827:3; 841:24; 842:5; 886:19; 920:21; 926:17; 930:7; 951:7; 953:6; 959:25; 960:2
needed [2] - 906:21; 942:8
needs [3] - 804:10; 841:15; 960:1
Neeley [1] - 888:2neglected [1] - 951:14neighborhood [1] -
870:4neighboring [1] -
865:19Neish [1] - 837:1Neishes [2] - 837:4never [13] - 840:16,
20; 854:9; 856:15; 883:7; 885:1, 9, 19; 925:7; 931:3; 945:6; 949:4
nevertheless [1] - 834:22
new [6] - 807:10; 808:18, 20; 823:25;
828:12; 872:5news [2] - 886:3;
917:4newspaper [6] -
905:6; 916:5, 9; 947:1; 948:7, 20
newspapers [2] - 902:10; 903:9
next [16] - 807:5; 821:17; 827:16; 844:17; 846:6; 855:9; 872:14; 876:7; 883:24; 900:2; 906:6; 926:21; 927:1; 934:6; 958:9
NEXT [1] - 800:20nice [2] - 804:3;
883:11night [4] - 817:3;
818:24; 819:4, 18NO [2] - 800:9, 24nondisclosure [2] -
813:5; 945:24none [6] - 824:4;
838:11; 930:18; 944:21; 945:11; 947:3
nonparticipant [2] - 813:19; 814:6
nonprofit [4] - 900:22; 901:1; 906:22; 911:12
noon [3] - 852:12; 907:16, 18
Noreen [1] - 885:11NOT [1] - 803:17note [2] - 810:4;
819:17NOTE [1] - 803:16note-taking [1] -
819:17notebook [1] - 909:16noted [1] - 810:18notes [17] - 816:2, 16,
19, 25; 817:3, 25; 818:7, 16, 23-24; 819:4, 17; 820:5; 821:5; 932:15; 936:3; 961:9
nothing [8] - 811:23; 821:14; 897:15; 898:10; 899:4, 18; 936:14; 951:11
notice [10] - 805:1; 852:23; 858:5; 906:10; 918:21, 24; 923:18, 22; 930:4; 932:23
noticed [4] - 808:10,
16-17; 847:17notification [3] -
935:18; 936:7; 937:1notifying [1] - 932:14number [12] - 810:10,
22; 846:24; 881:25; 921:25; 922:1; 926:15, 20, 22, 24; 934:9
numbers [1] - 861:14
OOAKLAND [1] -
801:16oar [1] - 953:8oath [3] - 805:7;
853:22; 909:5Obispo [1] - 886:2object [5] - 834:10;
843:19; 851:10; 945:18; 957:16
objecting [1] - 945:23objection [25] -
804:21; 813:21; 815:11; 825:11; 829:9; 851:13; 866:20; 885:3; 903:24; 907:11; 910:4, 21; 912:1, 8; 913:14; 914:22; 925:21; 934:12; 937:19; 941:19; 942:2; 947:14; 951:16; 952:7
obligation [1] - 850:7observed [2] - 808:11;
917:16obstacle [2] - 946:9,
15obviously [1] - 955:21occasion [3] - 824:25;
827:19; 881:12occasions [1] -
950:23occurred [6] - 851:24;
904:19; 919:21; 940:17; 941:13; 946:23
Oceano [1] - 826:6Ochylski [1] - 894:24October [3] - 829:22;
862:9; 864:17OF [6] - 800:1; 801:13;
802:7offhand [1] - 862:13office [16] - 823:18;
826:8; 827:23; 839:9, 24; 852:23; 853:1, 4; 902:25;
903:3; 905:5; 912:6; 923:19; 938:22; 939:1; 951:1
OFFICE [1] - 801:13offices [4] - 823:13,
21; 824:2; 857:24official [5] - 825:4, 9;
826:13, 17; 840:11officials [2] - 877:22;
897:19often [2] - 839:10;
866:6omitted [2] - 856:2, 13ON [6] - 800:6, 20;
801:2; 802:2; 803:2, 18
on-the-mic [1] - 874:1once [5] - 807:14;
808:8; 848:11; 855:24; 947:7
one [57] - 809:24; 811:17, 20; 814:1; 829:20; 836:2, 13; 839:20; 840:23; 844:12; 847:7; 856:14, 17; 859:18; 861:8; 866:13; 875:3; 884:8; 892:18, 21; 896:21; 903:1; 915:15, 17; 920:7, 21; 922:7, 18; 924:12, 19; 925:19; 934:23; 943:23; 944:13; 945:16, 21; 947:21; 954:16; 955:6; 956:4, 11, 16; 958:14, 22, 24; 959:7, 9-10, 13-14, 17, 19
one-year [1] - 956:5ones [6] - 823:16;
846:25; 847:1; 857:12; 884:2; 959:13
online [11] - 826:21, 25; 829:6; 830:9, 14; 850:1, 14; 851:7; 877:19; 938:1
open [5] - 830:24; 831:9; 901:15; 926:7; 959:11
opened [1] - 817:15opinion [1] - 905:10opportunity [2] -
843:1; 957:15opposed [3] - 878:20,
24; 906:12opposition [1] -
859:19optimistic [1] - 953:25
option [1] - 934:20oral [27] - 812:25;
813:14, 18; 817:19; 840:21, 24; 846:1, 10-11, 19, 23; 847:2, 23; 848:1, 8, 15, 25; 849:7; 850:5; 851:25; 856:5; 878:9; 881:14; 894:8; 916:16; 953:18
orally [3] - 814:5; 838:10; 884:6
Orange [1] - 832:19order [11] - 846:25;
852:21; 906:22; 951:6; 952:22; 953:1; 957:25; 958:4, 19; 961:23
ordered [1] - 927:24organization [33] -
900:18, 21-22; 904:2; 906:18; 910:3; 919:13; 921:23; 923:23; 924:14; 931:18, 22; 933:17, 21; 934:18, 21, 24; 935:2, 19, 24; 936:6, 14; 937:10, 17; 939:2, 5, 13; 940:5; 941:10; 947:20; 948:16, 23; 949:11
organization's [2] - 909:21; 924:10
organizational [1] - 913:24
organized [1] - 959:25original [1] - 810:4otherwise [1] - 961:23outline [1] - 890:16outlined [2] - 890:14;
896:18outside [3] - 831:21;
924:23; 947:25overall [1] - 838:8Overruled [15] -
813:23; 815:13; 819:11; 820:15; 825:12; 834:13, 25; 841:9; 882:5; 885:4; 903:25; 910:9; 934:13; 947:15; 951:19
overruled [3] - 843:24; 851:13; 952:7
own [1] - 818:7
12
Pp.m [1] - 960:10P.O [4] - 939:5, 13, 16,
21Packard [6] - 807:13,
20-21; 920:14; 926:23; 927:4
PACKARD [4] - 801:15; 807:22; 926:25; 927:6
Page [19] - 829:25; 831:3; 832:10; 838:24; 850:25; 869:7; 871:5, 7; 881:1; 891:8; 893:8; 899:9; 907:3; 920:13, 24; 922:15; 936:20
page [29] - 810:6, 8; 829:8, 14; 863:10, 16; 864:14; 869:2, 8; 870:7, 20, 22; 873:15, 19, 21; 897:5; 898:24; 899:1, 9; 904:14; 905:18; 906:6, 10, 23; 907:5; 914:13; 920:22
PAGE [4] - 800:20; 802:4, 8; 803:6
pages [4] - 904:10; 906:7; 927:13; 961:11
paid [3] - 836:8, 20; 837:8
Pam [2] - 950:20, 22paper [3] - 882:17;
947:8; 952:9paperwork [4] - 901:4;
917:18; 938:13, 18paraphrased [11] -
815:9, 23; 818:5, 13, 17, 20, 25; 819:5, 8, 15; 820:8
paraphrasing [8] - 814:17, 20; 815:2, 4, 7, 20; 816:6; 818:3
PARK [1] - 801:9part [8] - 842:6;
855:20; 856:7; 858:15, 20; 868:25; 887:22; 924:15
parte [142] - 808:3, 18; 812:20, 25; 813:17; 814:4, 6, 13; 816:7; 821:1, 7; 824:18, 23; 825:2; 830:18, 23; 831:8, 12, 19-20; 832:7, 25; 835:8, 18,
25; 836:15, 23; 837:15, 24; 838:5, 9, 13, 18; 840:2, 19; 841:6, 15, 21, 23; 842:1, 9, 24; 843:5, 14, 18; 844:21; 845:1; 848:1, 9, 11; 849:5; 850:8; 851:16, 24; 854:6, 8, 10, 15; 855:18, 20; 856:1, 7; 859:1, 24; 860:11; 863:22; 864:7, 11, 18, 22; 865:23; 867:3, 10, 22, 25; 868:16; 869:16; 870:23; 871:1; 872:16; 873:3, 16, 21; 877:12, 15; 879:24; 880:3, 5, 21; 881:9; 884:1; 886:5; 887:22; 888:12; 889:25; 890:4; 894:5, 13; 895:20, 23; 899:1; 901:12; 902:6, 11; 903:11, 21; 916:6, 10, 20; 917:5; 940:14, 25; 941:3, 11; 942:16, 25; 943:9, 15; 944:16, 24; 945:8, 14, 19, 23; 946:4, 6, 10, 21; 947:1, 13; 948:3, 12, 24; 949:2, 13, 23; 950:1; 957:21; 959:1
partes [8] - 807:18; 808:12; 842:6; 844:11; 887:21; 903:14; 904:2; 947:4
participant [1] - 854:11
participants [1] - 814:11
participate [2] - 941:24; 947:24
participated [3] - 945:6, 12; 946:2
participating [1] - 942:15
participation [1] - 919:3
particular [14] - 812:12; 813:6; 857:17; 858:13; 861:15; 903:10, 22; 931:17; 941:25; 942:1; 944:24; 945:23; 949:17; 959:17
particularly [2] - 874:7; 959:18
parties [2] - 811:17; 831:23
partner [2] - 861:6; 904:20
party [4] - 833:10; 850:9; 961:21, 24
passed [2] - 823:19; 903:7
past [2] - 855:23; 931:1
paying [3] - 831:25; 832:3; 961:22
PayPal [1] - 930:15PDF [1] - 809:16peace [1] - 926:23Peavey [1] - 904:21pen [1] - 882:17pencil [3] - 927:14;
929:2pending [2] - 917:1;
952:3people [23] - 807:14;
857:23; 864:1; 883:23; 884:6; 902:10; 923:7; 925:11; 930:15; 931:8, 21, 24; 932:13, 17, 24; 933:10, 14; 935:18, 23; 936:7, 9, 14, 24
percent [5] - 868:17; 870:1; 882:8; 890:1
percentage [1] - 867:16
perhaps [6] - 857:21; 858:18; 862:17; 868:17; 883:1, 7
period [5] - 812:14; 859:15; 861:8; 949:1, 19
periods [1] - 861:15permission [5] -
804:15; 922:21; 923:1; 927:25; 928:1
person [6] - 864:22; 921:10, 20; 946:2; 961:21, 24
personal [1] - 943:9personally [5] -
932:17; 933:1; 936:9; 945:5; 946:5
personnel [1] - 903:3persons [5] - 836:9;
863:22; 919:25; 950:10, 18
persuade [1] - 877:24pertain [2] - 869:4;
870:18
pertains [1] - 825:5pertinent [2] - 826:23;
881:22Peterson [2] - 847:20;
876:9phone [11] - 816:20,
22; 821:5, 25; 882:23; 883:2, 6, 16-17; 909:10
photo [2] - 883:14, 19photocopy [1] -
906:11physical [1] - 809:25physically [1] - 882:16pick [1] - 853:18picking [1] - 882:17picks [2] - 939:18, 21picture [3] - 883:8piece [1] - 882:17pieces [3] - 930:13, 17pile [1] - 828:11piqued [1] - 916:5Pismo [11] - 823:17;
826:6; 827:15; 839:14; 844:17; 860:2, 4; 878:21; 884:22; 885:13; 886:11
place [5] - 831:21; 841:19; 848:16; 917:12, 15
placed [1] - 918:6places [1] - 882:9plaintiff [2] - 918:19;
919:7PLAINTIFF [1] - 801:2plaintiff's [1] - 810:3PLAINTIFFS [1] -
800:8Plaintiffs [4] - 805:9;
822:13; 900:5; 909:7plaintiffs' [3] - 919:2,
14; 954:5plan [1] - 852:25planning [2] - 852:11,
17plans [3] - 878:3, 6play [1] - 959:4playing [1] - 904:4PLEASE [1] - 803:18plenty [2] - 954:23, 25PM [2] - 802:6; 909:1PMQ [1] - 953:5point [8] - 821:8;
828:20; 833:3; 867:7; 915:17; 950:11; 958:14, 24
Pool [1] - 878:19popped [1] - 878:22portal [1] - 906:4
portion [3] - 843:5; 848:9; 961:22
portions [1] - 833:2Poseidon [1] - 809:17possibility [5] -
860:23; 861:1; 896:9, 12; 949:2
possible [6] - 805:1; 810:23; 859:21; 861:14; 884:14; 954:5
post [3] - 808:20; 956:1, 19
post-trial [2] - 956:1, 19
Postal [1] - 839:11posted [5] - 825:22,
25; 850:14; 851:7; 856:24
potential [2] - 861:20, 23
PowerPoint [2] - 845:22; 849:8
practice [21] - 807:24; 827:6, 13, 22; 838:12; 839:6; 840:1; 850:12, 16-17, 21-22; 851:4; 855:13; 859:16; 866:16; 867:17; 929:3; 958:16
practices [3] - 807:17; 808:2; 851:12
practicing [1] - 827:13preceded [1] - 959:2predominantly [1] -
827:24prepare [3] - 846:12;
879:14; 953:8prepared [4] - 817:3;
818:7; 854:15; 855:11
prepares [2] - 939:25preparing [1] - 956:19present [17] - 813:20;
814:7; 831:23; 863:22; 864:1, 4, 8, 11; 884:7, 11, 14; 887:14, 16-17; 928:5; 943:21; 958:10
presentation [1] - 844:6
presentations [2] - 831:1; 842:7
presented [2] - 941:6, 8
president [4] - 906:17; 912:20; 921:6; 945:5
pretty [1] - 807:3
13
previously [9] - 805:9; 848:19, 21, 23; 851:11; 868:12; 882:6; 909:7; 957:6
Price [3] - 950:20, 22print [2] - 810:16, 22printed [1] - 824:13priorities [2] - 947:21priority [1] - 947:19prisms [1] - 956:21privacy [7] - 925:21;
926:4; 951:17, 20-21, 23; 952:7
pro [1] - 961:5probative [1] - 951:22problem [6] - 828:5;
852:22; 905:8; 942:3; 946:21, 23
problems [11] - 810:24; 902:11; 903:11; 941:17, 25; 942:3, 6; 946:22; 947:4; 948:6, 22
procedural [9] - 875:11, 17, 19; 894:13, 22-23; 896:2, 6
procedures [2] - 895:1; 896:8
proceed [8] - 807:13; 817:11; 893:11; 894:20; 911:4; 912:11; 915:20; 928:16
proceeding [1] - 957:8proceedings [7] -
822:2; 825:6, 10; 853:14; 952:18; 961:9, 13
Proceedings [1] - 960:10
process [7] - 901:13; 904:5; 942:23; 943:7; 947:11
processed [1] - 808:14
processing [1] - 917:18
produce [1] - 825:1produced [1] - 953:4progress [1] - 932:2Project [1] - 809:17project [52] - 807:2;
813:6, 13; 825:19, 21, 23; 826:3, 14-15, 20; 833:1; 834:7, 9; 840:14, 17; 842:4; 844:25; 845:10, 13, 17; 856:18; 858:13; 859:19; 863:6;
864:17; 865:12, 14; 869:21; 870:18; 871:2; 873:10; 875:10; 876:5, 7, 16; 877:21, 25; 878:1; 884:22; 886:9, 22, 25; 887:3; 890:21; 891:4, 15, 21; 896:17; 898:16; 916:1; 917:1
project's [2] - 842:10projected [1] - 863:10projecting [1] - 863:12projects [8] - 807:9;
833:19; 845:3, 5; 856:25; 857:25; 858:10; 917:6
prompt [1] - 896:15pronounced [2] -
878:12proper [1] - 829:15properly [1] - 947:6property [1] - 870:5proposal [5] - 834:20,
22; 890:10, 15; 891:5
proposed [2] - 868:19; 887:1
proved [1] - 956:3provide [4] - 815:18;
819:15; 820:8; 961:23
provided [5] - 810:1, 5; 841:20, 24; 842:6
provides [1] - 819:8provision [1] - 943:4proximity [1] - 915:10public [39] - 812:8, 10,
17, 24; 813:4, 12; 823:13, 21; 824:2; 830:14; 832:6, 14; 833:14, 19; 834:6, 16, 19, 21; 840:8, 11, 14, 23; 841:4, 11; 850:1, 15; 851:8; 856:15; 877:22; 887:13; 901:13, 22; 904:3, 5; 919:8; 942:22; 943:7; 947:10, 23
PUBLIC [1] - 801:7Public [2] - 877:17;
902:4public's [2] - 941:23;
947:25PUBLIC-INTEREST
[1] - 801:7publications [1] -
938:11published [1] - 905:10
pull [1] - 868:25pulled [1] - 930:13pulling [1] - 930:6purchased [1] -
961:21purchasing [1] -
872:25purpose [5] - 820:17;
906:20; 919:13; 948:14; 960:4
purposes [3] - 852:11; 914:9; 952:2
pursuant [2] - 824:20; 961:22
pushback [1] - 885:25put [12] - 844:23;
846:6; 850:12; 851:4; 856:9; 883:24; 926:7; 929:15; 932:4; 933:19; 936:2; 953:9
putting [2] - 932:22; 949:5
Qquestioning [2] -
815:25; 905:14questions [19] - 811:9;
816:18; 821:11; 842:14; 847:24; 852:4; 879:5; 881:10, 15, 18, 21; 917:22; 929:24; 935:21; 950:4; 951:5, 14; 955:20, 23
quickly [2] - 859:20; 946:19
quiet [1] - 960:3quite [3] - 828:10, 18,
20quote/unquote [1] -
895:13quoting [5] - 814:17,
20, 24; 815:2
Rraise [1] - 822:10raised [1] - 948:19ramp [1] - 928:8Ranch [3] - 805:24;
806:1; 807:1rarely [1] - 827:9rather [2] - 882:12;
952:1reacting [1] - 844:3reaction [1] - 920:3read [37] - 818:11, 19;
819:2; 829:24; 830:4; 831:2, 4; 832:9, 11, 22; 833:2; 838:23; 850:24; 851:1; 863:2; 869:1; 877:7; 881:1, 3; 891:7, 12; 893:7, 13-14; 894:1; 899:14; 902:8; 905:6; 918:21; 920:12, 25; 922:14; 936:19, 22; 947:7; 948:6
reading [8] - 814:8; 816:4; 854:23; 902:12; 903:8, 20; 946:25
reads [1] - 935:13real [1] - 954:25realize [2] - 859:18;
951:14realized [1] - 947:9really [8] - 830:2;
875:23; 877:11, 23; 878:4; 890:7; 936:16; 947:19
rearranged [1] - 954:18
reason [9] - 833:24; 841:4; 853:9; 867:10; 881:17; 901:8; 902:6; 947:3; 949:17
reasonable [4] - 813:12, 16; 843:21; 891:11
reasoning [1] - 958:6reasons [4] - 896:18;
946:11, 16; 952:8recalled [2] - 816:14;
888:20recalling [1] - 893:3receipt [1] - 809:7receive [5] - 808:22;
817:8; 855:14; 883:5RECEIVED [2] - 803:5,
17received [37] - 830:23;
831:8; 839:23; 879:19, 21; 888:23; 889:3, 7, 11, 21; 892:3, 12-13, 18, 22; 895:21; 907:13; 910:22; 912:2, 4; 913:15; 914:23; 923:18; 928:1; 929:7, 20; 930:15; 932:23; 933:17; 936:25; 937:5; 952:14
receives [3] - 850:13; 851:5; 856:22
receiving [4] - 831:24; 885:24; 897:13, 16
recently [4] - 823:19; 826:10; 835:17; 954:20
recess [5] - 852:8; 853:18; 907:17, 19; 908:2
Recess [1] - 853:20recipient [1] - 897:11recipients [1] - 811:21recognize [13] -
836:18; 870:13, 15; 897:3; 898:20; 905:19, 21; 906:7; 909:18; 911:10; 912:15; 913:21; 914:14
recognized [2] - 818:16; 910:2
recollection [25] - 805:25; 816:15, 18; 821:6; 845:20; 846:3; 862:18; 864:3; 865:3; 868:3; 869:14; 871:15, 21; 872:11; 874:13; 875:6, 25; 876:20, 23; 878:10, 15; 884:8; 897:16; 906:24
recommendation [3] - 868:19; 878:25; 896:16
recommendations [3] - 857:4, 14; 882:14
Record [1] - 914:1record [21] - 822:16;
825:5, 9; 826:14, 17; 829:2; 830:6, 8; 834:6, 10; 842:4, 11; 849:10, 17; 855:12; 858:15, 21; 900:11; 916:25; 926:7; 935:8
RECORD [1] - 803:18recorded [1] - 808:14records [6] - 909:24;
910:13; 911:17; 913:9; 914:17; 951:25
recounting [1] - 856:12
RECROSS [2] - 802:17; 898:13
RECROSS-EXAMINATION [2] - 802:17; 898:13
red [1] - 906:13
14
redacted [1] - 913:4REDIRECT [6] -
802:11, 16, 22; 811:13; 879:10; 950:8
redo [1] - 855:24redress [1] - 833:12refer [1] - 846:2REFER [1] - 803:18reference [6] - 829:21;
845:22; 849:8; 874:2; 911:22; 918:7
references [1] - 829:8referred [4] - 868:16;
874:8; 925:8; 930:12referring [1] - 924:18refers [3] - 811:24;
863:5; 876:1reflected [9] - 817:19;
843:16; 844:18, 22; 845:18; 848:12; 854:17; 890:5; 923:17
refresh [2] - 846:2; 862:17
refreshed [2] - 816:15, 18
refreshes [1] - 897:15refused [1] - 922:11regard [4] - 825:9;
840:8, 10; 901:12regarding [1] - 915:7registered [1] - 911:12registering [1] - 912:9rehash [1] - 838:18relate [1] - 841:22related [19] - 825:19;
831:21; 833:4; 844:25; 845:1, 3; 854:12; 857:25; 860:22, 24; 861:16, 19; 864:21; 873:12; 875:10; 877:16; 898:21; 945:8
relates [1] - 868:1relation [1] - 917:11relationship [1] -
858:4relative [1] - 819:25relevance [4] - 825:11;
844:18; 925:21; 951:18
Relevance [1] - 934:12
relevant [5] - 819:22, 24; 827:2; 857:22; 926:10
rely [1] - 860:10remain [5] - 805:7;
852:23; 853:22;
909:5; 959:24remained [1] - 854:13remaining [1] - 952:25remedies [3] - 833:6,
9, 11remedy [2] - 926:17;
957:8remember [20] -
806:2; 824:9; 829:3, 5; 832:8; 844:11; 866:14; 876:3; 878:13; 893:18, 21; 897:25; 922:2, 13; 929:5, 19-20, 22; 930:4
remembered [1] - 929:6
remembering [2] - 889:24; 890:2
repeat [3] - 812:21; 813:8; 848:18
repeating [1] - 815:15replace [2] - 810:11,
17replaced [1] - 810:19report [45] - 807:18;
808:3; 849:11, 21-22; 856:19, 23; 857:5, 8, 17-18; 858:3, 5, 9-10, 14, 17-18, 20; 862:14, 19-20; 864:7, 13; 868:24; 869:4, 9; 870:12; 873:8, 11, 15; 877:3, 6-7, 11, 13; 878:4; 897:24; 898:2, 4, 16, 19
reported [1] - 961:8reporter [3] - 935:11;
961:6, 22REPORTER'S [2] -
800:15; 803:16reports [6] - 857:2, 9,
11; 858:5; 917:4representing [2] -
868:20; 919:12REPRESENTS [1] -
803:16reproduce [1] - 961:22request [10] - 824:20;
828:6; 843:22; 846:8; 875:2; 879:3; 929:7, 20-21; 930:8
requested [2] - 852:23; 853:10
required [5] - 851:18; 884:13; 938:13, 17; 940:7
researched [1] - 941:2resistance [1] -
903:15resolution [1] - 946:21resolve [1] - 804:22Resorts [3] - 861:20,
23; 884:23respect [3] - 928:2;
943:4; 953:20responded [1] - 930:6response [3] - 821:21;
932:23; 935:21responsive [1] -
957:12rest [3] - 866:2; 953:8,
24restaurant [1] - 845:11result [1] - 919:8resulted [1] - 905:10resume [4] - 804:11;
805:4, 13; 905:13RESUMED [3] -
802:10; 805:14; 909:13
resumed [2] - 805:9; 909:7
retained [1] - 948:15retake [2] - 853:21;
909:3retrieve [1] - 920:19retroactive [1] -
922:25returns [1] - 940:6review [9] - 807:25;
808:5; 841:25; 843:1; 855:17; 857:24; 879:13; 952:5
reviewed [8] - 838:19; 842:9; 848:5; 854:16; 857:17; 879:15; 881:14; 904:13
reviews [1] - 858:18ring [3] - 806:17, 24;
897:7risk [2] - 951:23; 952:6roughly [1] - 889:25Rozo [1] - 875:10RPR [1] - 800:23rule [5] - 856:25;
860:23; 861:1; 928:2; 961:23
rules [4] - 808:21; 831:13; 841:22; 957:3
ruling [1] - 832:19run [3] - 956:5, 9, 16running [1] - 865:18rush [1] - 853:1
SSac [1] - 902:9Salud [1] - 865:24San [13] - 804:1;
853:4; 860:4; 886:2; 909:1; 915:16, 18; 939:17, 20; 958:2; 961:3, 7, 14
SAN [2] - 800:2; 801:10
Santa [4] - 826:9; 874:12; 893:5; 897:20
Sara [7] - 824:14; 835:11, 13, 19, 24; 897:6, 8
sat [1] - 877:2Saturday [1] - 804:14saved [1] - 817:16savvy [1] - 861:3saw [7] - 840:23;
847:5; 910:12; 911:19; 912:25; 913:2; 950:19
SB [1] - 903:13scale [1] - 890:10scaled [7] - 890:14,
21, 23, 25; 891:5, 15, 21
scaled-back [3] - 890:14, 21; 891:5
Schematic [1] - 927:18
Schmidtz [2] - 836:18, 24
school [1] - 823:23School [1] - 823:24screen [2] - 863:11;
899:12script [3] - 854:24;
855:1seasonable [1] -
942:8seat [1] - 900:8second [7] - 810:6, 8;
829:20; 906:23; 919:6; 925:19; 927:21
seconds [1] - 852:15secret [5] - 854:4;
940:13, 25; 946:7, 10
secretary [5] - 912:20; 914:13; 921:7; 933:17; 936:2
Secretary [3] - 906:11, 16; 912:18
Section [1] - 961:21see [31] - 804:3, 20;
810:14; 820:20; 821:19; 846:14; 849:11, 18; 857:8; 859:4; 862:11; 869:9; 871:18; 874:2; 888:10; 893:23; 897:8, 10; 899:10; 907:22; 912:23; 914:4; 921:17; 926:8; 943:14; 944:2, 9; 959:21
seeing [2] - 910:16seem [2] - 861:12;
863:15selfie [1] - 883:9sell [1] - 961:23Senator [1] - 903:14send [15] - 808:17;
838:18, 21; 839:14; 854:25; 855:18; 866:13; 882:9, 23; 883:5, 11, 14, 19; 932:3
sending [4] - 878:6; 888:21; 933:2, 13
sends [1] - 888:7Senior [1] - 837:6sense [1] - 954:25sent [19] - 811:18;
838:19; 839:24; 866:17; 872:13; 888:6; 930:4; 931:21, 23; 932:7, 13, 15, 18, 21, 24; 933:10; 935:20; 936:13
sentence [1] - 891:3September [1] -
832:20series [1] - 959:6served [1] - 923:19service [1] - 860:9Service [1] - 839:11serving [1] - 807:6SESSION [2] - 802:5session [2] - 819:18;
831:9Session [2] - 804:1;
909:1sessions [3] - 830:24;
832:6, 14set [5] - 804:9; 809:24;
920:4; 956:2sets [1] - 846:12seven [8] - 851:17, 19,
25; 894:8; 941:12; 942:17, 21; 943:1
several [3] - 820:13; 904:10; 915:9
15
Severson [1] - 902:19shall [1] - 961:23Shoals [1] - 865:18shocked [1] - 894:9shortcut [2] - 842:13;
844:6shorten [1] - 955:4shorter [1] - 858:5shorthand [1] - 961:8shortly [1] - 807:13show [9] - 809:5;
849:18; 854:25; 868:23; 870:7, 11; 897:2; 904:7; 950:11
showed [1] - 950:16showing [2] - 809:8;
877:11shown [3] - 843:6;
848:10; 868:12shows [1] - 912:19shut [4] - 904:5;
942:22; 943:7; 947:10
sic [3] - 809:3; 921:12; 942:24
sic) [1] - 804:19side [4] - 808:17;
952:5, 21; 954:17sided [1] - 927:13sign [4] - 808:8; 840:1;
883:24; 888:14signature [8] - 840:6;
882:9, 12; 883:24; 889:19; 913:3; 914:13
signed [8] - 859:5; 866:12; 872:9, 11, 13; 882:10; 913:2; 914:15
significance [3] - 883:23; 884:3; 888:16
significant [3] - 856:3, 7, 14
signing [3] - 882:17; 883:23; 913:6
similar [2] - 875:16; 959:8
simply [1] - 954:18single [1] - 927:13single-sided [1] -
927:13sit [1] - 808:7site [2] - 874:7, 14sits [1] - 885:15sitting [6] - 818:24;
850:3; 888:12; 940:21; 941:4; 949:22
situations [1] - 856:9
six [2] - 923:10, 12size [2] - 858:4, 9skip [1] - 806:14Slater [2] - 950:20, 22Slater-Price [2] -
950:20, 22sloppiness [1] -
947:10slowly [1] - 954:20small [4] - 845:12;
868:14; 902:9smartphone [1] -
882:19snail [3] - 839:11, 13;
860:11snippet [1] - 959:14snippets [1] - 959:14so-and-so [1] - 883:11so-called [1] - 886:12SOCC [5] - 921:2;
922:18; 930:16; 936:25; 937:2
SOCC's [1] - 951:6Sodomka [3] - 901:25;
921:7; 950:21someone [4] - 853:12;
855:11; 866:7; 944:1sometime [4] -
831:16; 893:4; 910:16; 932:5
sometimes [11] - 808:7; 818:1, 10, 12, 20; 857:9; 872:4; 939:5, 13; 941:11
somewhere [1] - 883:10
soon [1] - 831:14sorry [25] - 806:23;
807:24; 813:9; 820:5; 822:9, 19; 828:2; 844:3; 847:12; 868:22; 874:21; 876:13; 889:1; 892:8, 14; 904:18; 907:2; 915:13; 927:2; 933:7; 935:7; 952:24; 955:12; 956:7
sort [10] - 810:10; 854:7; 858:7; 885:25; 886:2; 920:4; 938:1; 944:16; 945:13; 946:3
sought [1] - 927:25sound [7] - 817:23;
837:1, 13, 20-21; 838:3; 847:19
sounds [3] - 817:17;
837:14; 891:11source [1] - 930:18South [1] - 899:16space [1] - 861:10spam [1] - 861:4speaking [5] - 808:4;
867:5; 919:4, 17; 945:16
spec [1] - 866:20specific [9] - 843:5;
849:5; 876:16; 896:17; 910:18; 921:25; 941:25; 955:20, 23
specifically [6] - 898:6; 910:14; 928:8; 930:23; 951:4
specifics [1] - 856:12speculation [5] -
813:22; 815:12; 834:24; 841:8; 866:21
spell [2] - 822:16; 900:10
spelling [1] - 822:18spend [3] - 897:23;
938:6; 951:9spent [6] - 817:14;
869:25; 870:6; 890:1; 950:25; 951:6
spoken [1] - 848:16sponsored [1] -
903:13Spotlight [56] -
900:19; 901:7, 16-18, 20; 902:2; 903:9, 23; 906:9, 25; 910:2; 913:25; 918:15, 19; 919:12, 14, 18, 21; 920:5, 8; 921:11, 21; 922:4, 8; 923:4; 924:25; 925:7; 929:10; 931:3, 9, 13; 937:24; 938:5, 8, 10, 13, 22; 939:1, 22; 940:1; 943:12, 23; 944:2, 14, 20; 945:6, 16, 21; 946:11, 17; 947:12; 948:2, 11; 949:7; 950:11
SPOTLIGHT [4] - 800:6; 801:2; 802:2; 803:2
Spotlight's [1] - 910:13
spreadsheet [3] - 817:6, 15; 820:18
Staben [1] - 809:9staff [71] - 808:17;
827:2; 831:23; 841:24; 849:22; 850:22; 853:7; 855:18; 856:19, 23; 857:2, 7-8, 11, 13, 16, 18; 858:3, 14, 18; 859:12, 14, 18, 25; 860:12; 862:14, 19-20; 864:8, 10, 12; 867:3, 11, 18; 868:18, 24; 869:4, 9; 870:12; 873:8, 11, 15; 875:22; 876:4, 12; 877:3, 5, 7, 10-11, 13; 878:3, 5-6, 21, 24; 882:13; 885:25; 888:18; 896:10, 13, 15; 897:24; 898:1, 4, 16, 19; 917:17; 942:6
stamp [10] - 879:19; 892:13; 899:6, 9-10, 12; 906:23; 907:1
stamps [1] - 867:14stand [10] - 805:4, 10;
817:4; 829:20; 853:21; 860:19; 900:9; 904:16; 909:4, 8
standing [1] - 955:23standpoint [2] -
857:20Stanley [1] - 837:19start [4] - 804:9;
839:18; 921:15; 954:24
started [5] - 817:15; 839:19; 929:5; 930:6
state [6] - 822:15; 885:15; 900:10; 911:11; 915:14; 961:2
STATE [1] - 800:1State [7] - 823:9;
905:23; 906:3, 12, 16; 912:19; 961:6
statement [3] - 815:10; 935:5, 14
statements [3] - 812:19, 25; 840:9
Status [2] - 905:22; 906:4
status [2] - 906:22; 932:1
statute [4] - 955:24; 956:4, 12
step [3] - 821:24; 899:24; 955:9
STEVE [4] - 800:10; 801:12; 802:2; 803:2
still [5] - 811:15; 816:12; 876:10; 882:8; 949:1
stipulations [1] - 955:4
stop [4] - 809:20; 822:10; 827:5; 828:12
store [1] - 861:11story [1] - 902:3straining [1] - 828:8Strategies [1] - 837:12STREET [2] - 801:5,
15strike [1] - 866:21structure [1] - 919:14stuff [2] - 844:5;
845:14subject [9] - 813:18;
815:8; 869:16; 870:14; 895:18; 898:21; 902:1; 916:19; 959:17
submission [1] - 952:3
submit [6] - 867:2, 4, 6; 888:8
submits [1] - 940:1submitted [1] - 888:3submitting [3] -
888:10; 891:5; 916:12
subsequent [3] - 944:17; 948:20; 949:15
subsequently [1] - 931:23
substantial [12] - 895:4, 6, 13, 16; 896:10, 13, 16, 19; 903:15; 934:9; 955:24; 957:20
substantive [4] - 841:18; 875:11, 18, 23
suffered [1] - 919:7suffice [1] - 881:20sufficient [1] - 946:23suggest [2] - 910:5;
926:20SUITE [3] - 801:5, 9,
16summarizing [1] -
815:4Superior [2] - 832:20;
961:6SUPERIOR [1] - 800:1supervisor [1] - 870:3Supervisor [2] -
865:17, 24
16
support [1] - 865:25surnames [2] -
927:12; 951:25Susan [7] - 804:16;
836:4, 14; 901:25; 914:13; 921:6; 950:21
suspicions [2] - 948:19, 21
sustained [5] - 819:21; 829:13; 887:10; 936:3; 941:21
swear [1] - 874:12switch [1] - 960:1swore [1] - 947:5sworn [6] - 805:9;
822:7, 13; 823:11; 900:5; 909:7
Ttab [1] - 904:11tag [1] - 927:10tail [3] - 891:9, 16tandem [1] - 811:3tardiness [1] - 822:9tax [5] - 909:22; 910:2;
940:2, 5, 12Tax [2] - 905:23; 906:3TAYLOR [1] - 800:4teased [1] - 868:11technical [5] - 858:3,
17, 20; 878:7technologically [2] -
861:3; 872:3technology [2] -
840:5; 882:7telephone [1] - 883:20telephonic [1] -
860:18tem [1] - 961:5ten [1] - 923:4tendency [1] - 861:4tentative [1] - 957:5tenure [1] - 902:25term [7] - 825:4, 8;
830:25; 833:5; 868:14; 895:7, 9
terminology [1] - 890:18
terms [15] - 806:17, 24; 807:17; 808:3, 13; 820:12; 838:13; 844:18; 845:16; 857:3; 859:5; 921:4; 941:23; 956:1, 19
testified [8] - 805:10; 822:14; 860:21; 900:6; 909:8; 932:5;
944:14, 23testify [2] - 880:7;
946:16testifying [5] - 816:19,
22; 821:4; 918:18; 941:4
testimony [14] - 804:17; 819:19, 22; 842:22; 860:16; 866:2; 879:13; 894:14, 17; 935:25; 953:11; 955:4; 959:18
text [2] - 816:11; 883:13
thank-you [6] - 931:21, 23; 932:15; 935:20, 22; 936:3
THE [267] - 800:1; 801:2, 12-13; 803:16, 18; 804:3, 9, 20, 24; 805:6, 11-12; 806:9; 807:5, 8, 11, 19, 23; 809:20; 810:12; 811:1, 7, 11; 813:23, 25; 815:13, 15; 817:6, 8, 10; 819:11, 13, 21, 24; 820:15, 17; 821:12, 15-17, 19, 21; 822:1, 5, 8, 10, 15, 17-19, 21-23; 825:12, 14; 827:5, 9-12, 14, 18-22, 24; 828:1, 9, 15, 18; 829:9, 11, 13, 19; 830:3; 831:4; 832:11; 834:13, 15, 25; 835:2; 839:3; 841:9, 11; 843:23; 844:1, 9, 14-15; 849:21, 23; 851:1, 13; 852:5, 8, 11, 16; 853:3, 5, 12, 17, 21; 860:19; 862:22; 863:12, 14; 866:11, 14, 22; 879:7; 880:20, 24; 881:3; 882:5; 885:4, 6; 887:10; 891:9, 12; 892:7, 10, 12; 893:11, 14; 894:18, 20; 896:20; 898:11; 899:5, 10, 20, 23, 25; 900:1, 7-8, 12, 14; 903:25; 904:1, 16, 22, 24; 905:1, 3-4, 7, 16; 907:11, 13, 16, 20, 22, 25; 908:4; 909:3, 9, 12; 910:5, 8-9, 22;
911:3; 912:2, 6, 8, 10, 12; 913:15; 914:23; 915:12, 17, 19; 917:23; 920:14, 20, 25; 921:14, 17; 922:21, 24; 923:2; 925:23; 926:4, 8, 10, 14, 17, 21, 23; 927:2, 7-9, 16, 21; 928:7, 12, 14-15, 18, 22, 24-25; 933:5, 7; 934:6, 13; 936:1, 22; 941:21; 942:3, 5, 12; 947:15, 17; 950:5, 7; 951:12, 16, 19; 952:10-13, 17, 22; 953:10, 23; 954:2, 12, 14, 23; 955:7, 9-10, 12, 17, 19; 956:9, 11, 15; 957:1, 4, 18, 23; 958:7, 9, 12, 15, 21; 959:3, 9, 11, 13, 20; 960:1, 8
themselves [1] - 907:6thereafter [1] - 852:9thereof [1] - 961:22thinking [3] - 807:5;
931:18; 937:15thinks [3] - 886:6;
887:6; 958:11third [2] - 906:10;
919:11THIS [1] - 803:16Thompson [2] - 961:5,
18THOMPSON [1] -
800:23thorough [3] - 948:11,
24; 949:7three [15] - 817:14;
836:3; 874:24; 891:19; 906:7; 918:25; 919:18; 921:14; 924:19, 21, 24; 944:19, 21; 956:4, 12
three-year [2] - 956:4, 12
THROUGH [2] - 800:7, 12
throwaway [1] - 865:23
Thursday [3] - 816:13; 955:16; 956:23
timeliness [1] - 946:22
timely [1] - 860:6TIMOTHY [1] - 800:4title [1] - 809:17TO [2] - 803:17
to.. [1] - 806:21today [16] - 812:3, 15;
842:14; 850:3; 860:17; 879:13; 924:6; 925:12; 930:10; 932:6; 941:4; 952:18; 953:12, 21; 960:4
together [5] - 929:15; 930:7, 13; 932:4, 22
Tom [1] - 809:10tomorrow [8] -
852:20; 952:19; 953:24; 954:1, 10; 957:14; 959:21
took [3] - 816:15; 824:10; 861:11
top [2] - 806:20; 841:17
topic [3] - 919:2, 6, 11topics [3] - 865:15;
866:8; 918:25totally [2] - 949:3tourism [2] - 885:15town [3] - 821:23;
867:12; 876:7track [1] - 916:1train [1] - 890:9Train [1] - 873:1training [4] - 830:23;
831:1, 8, 25trainings [1] - 832:7transcribed [1] -
961:10TRANSCRIPT [1] -
800:15transcript [12] - 874:2;
878:9; 879:16; 918:6; 920:13, 16; 921:17; 922:15; 936:20; 961:11, 21
transcription [1] - 873:25
transmit [3] - 860:11; 867:17, 22
transmitted [2] - 859:12; 876:6
transmitting [3] - 810:15; 839:7; 867:10
transparent [1] - 901:15
transpired [2] - 814:6, 13
transportation [1] - 865:20
treasurer [4] - 912:20; 921:8; 933:18; 936:2
treated [1] - 854:4treats [2] - 936:14;
937:17trial [19] - 820:1;
847:17; 852:23; 923:18; 927:24; 929:7; 930:4; 932:18, 22; 940:19, 22; 950:12; 952:2; 954:9; 955:21; 956:1, 19; 957:11; 960:5
tried [4] - 810:22; 861:13; 883:18; 954:4
Tripp [2] - 877:17, 20trolley [1] - 828:12true [4] - 821:5; 885:6;
938:25; 961:12trusts [1] - 912:9try [8] - 813:10;
847:24; 860:14; 861:7; 872:5; 877:24; 901:10; 953:20
trying [6] - 810:25; 843:13; 844:20; 861:9; 896:22; 948:17
turn [40] - 805:21; 808:9; 809:1; 858:23; 862:7; 863:9, 18; 864:12, 14, 20; 866:10; 868:1, 22; 869:7, 12; 870:8, 20, 25; 871:17; 873:6, 14, 19, 24; 875:1, 3, 14; 876:19; 877:15; 878:8; 879:2; 896:25; 898:15, 24; 906:6; 909:15; 911:2, 6; 912:14; 913:19; 925:20
Turney [5] - 901:25; 914:13; 921:6; 950:21
two [16] - 807:14; 820:12; 836:3; 837:4; 838:7; 846:12; 889:20; 895:6; 902:17; 927:13; 949:6; 952:25; 953:9; 954:9; 957:10
type [2] - 893:24; 900:23
typed [1] - 893:22typewriting [1] -
961:10typical [2] - 822:18;
906:13
17
typically [12] - 826:20; 838:16; 839:15; 840:3; 859:25; 860:2; 867:2, 4; 874:18, 22, 24; 877:22
typing [3] - 818:24; 819:4; 894:2
typo [2] - 847:17; 848:5
UUC [1] - 897:20ultimately [1] - 905:10unaware [1] - 835:5undeliverable [1] -
860:8under [6] - 805:7;
853:22; 904:11, 13; 909:5; 961:10
understood [3] - 918:18; 919:17; 956:12
Unified [1] - 823:24unrelated [1] - 845:5unsigned [2] - 882:1up [28] - 804:11;
826:8; 827:15; 839:20; 842:6; 846:16; 849:18; 852:9, 21; 853:18; 861:5, 9; 865:16; 866:7; 868:11, 25; 873:1; 882:17; 883:17; 893:9; 926:19; 928:8; 939:18, 21; 950:11, 16; 958:20; 960:4
update [2] - 932:1, 18updated [1] - 926:25Upland [1] - 853:3UPLAND [1] - 801:6upset [1] - 920:1uses [2] - 938:13;
939:13Utilities [1] - 902:5uttered [1] - 891:3
Vvacation [1] - 878:22vague [4] - 815:11;
834:12; 941:19; 947:14
Valley [2] - 915:8, 15valuable [1] - 885:14value [2] - 841:1;
951:22Vargas [6] - 805:3, 16;
807:17; 809:18; 811:10, 15
VARGAS [6] - 800:11; 801:12; 802:3, 10; 803:2; 805:8
vary [1] - 874:20vast [1] - 866:9ventures [1] - 807:10verbatim [23] - 814:18,
20, 24; 815:10, 22; 816:1, 4, 11; 818:2, 10-11, 13, 17, 19; 819:1, 5, 7, 15; 820:9, 21, 24
verify [9] - 839:22; 842:3, 8, 12; 849:9, 13-14, 16, 19
versus [1] - 951:21via [1] - 923:10vice [3] - 877:1VICTORIA [1] - 801:8video [5] - 820:19, 23;
848:18; 868:12; 959:5
videos [1] - 820:5view [4] - 812:10;
943:9; 947:7; 948:1viewed [1] - 812:8Villas [1] - 862:9violation [3] - 945:19;
946:7, 10violations [16] - 919:8;
946:12, 17; 947:2, 13; 948:3, 12, 24; 949:13, 23; 950:1; 956:3, 24; 957:21
virtually [1] - 865:13visit [2] - 874:7, 14visited [1] - 826:8vote [3] - 938:2;
944:15voted [1] - 944:23votes [1] - 951:9vs [2] - 904:21; 958:2VS [3] - 800:9; 802:2;
803:2
Wwait [3] - 892:7;
922:22; 934:6waiting [1] - 955:11Walk [1] - 928:8walked [2] - 877:2, 5Wan [5] - 824:14;
835:11, 13, 19; 897:6
Wan's [2] - 835:24; 897:8
Wanger [3] - 952:21,
25; 953:5wants [1] - 938:5WARDENAAR [2] -
801:8; 804:8watched [1] - 820:7watching [2] - 820:4Water [2] - 862:1;
885:18waterway [1] - 915:7Wayne [1] - 863:5ways [6] - 861:8;
891:21; 896:5; 956:6, 9, 17
wearing [1] - 862:21website [20] - 825:22;
826:1, 14; 827:1; 830:11; 834:8; 906:3; 916:2, 22; 917:3, 9; 934:3, 10, 15, 17, 21, 23; 935:1; 938:10
Wednesday [10] - 804:16; 817:4; 818:24; 819:4, 18; 954:10, 13, 16; 955:14
week [5] - 805:7; 812:6; 821:4; 827:16; 844:4
weekend [1] - 810:18weeks [1] - 930:2welcome [1] - 952:12WENDY [4] - 800:11;
801:12; 802:3; 803:2WHILE [1] - 803:18white [1] - 906:12whole [2] - 865:6;
960:3whoops [1] - 829:18wildlife [1] - 915:8wind [1] - 891:9Windward [1] - 870:9Wine [1] - 873:1withdraw [5] - 839:1;
879:3; 942:10; 950:17
withdrawn [7] - 839:4; 859:23; 869:14; 875:2; 885:2; 931:4; 932:8
withheld [2] - 840:16, 20
witness [16] - 804:16; 810:7; 821:11, 17; 843:20, 22; 894:18; 899:21; 900:2, 8; 905:11; 918:17; 937:19; 952:19, 23; 953:12
WITNESS [49] -
805:11; 807:8, 23; 813:25; 815:15; 819:13; 820:17; 821:16; 822:8, 17, 19, 22; 825:14; 827:9, 11, 14, 19, 21, 24; 834:15; 835:2; 841:11; 844:1, 9, 15; 849:23; 862:23; 866:14; 880:24; 882:6; 885:6; 899:10, 25; 900:7, 12; 904:1, 22; 905:1, 4; 910:8; 915:17; 928:14, 24; 933:7; 934:7; 947:17; 952:10, 12; 955:10
witness's [2] - 828:4; 904:19
witnesses [4] - 928:6, 9; 953:9; 954:9
WITNESSES [2] - 802:7
witnesses' [1] - 810:19
Wohlfeil [3] - 958:8, 15
wonder [1] - 912:8word [15] - 811:24;
812:1, 19, 24; 814:25; 815:2; 817:24; 818:5; 820:25; 823:25; 834:10; 847:18
words [5] - 816:9; 843:17; 844:24; 858:5; 895:6
Works [1] - 877:17works [2] - 836:14;
877:22Worthen [1] - 885:22wow [1] - 821:16write [4] - 818:5;
886:24; 887:18writing [7] - 814:5;
817:25; 818:15, 22; 838:10; 851:18; 884:6
written [26] - 813:14, 18; 816:11; 820:25; 839:7; 840:1, 21, 23; 841:22, 25; 842:4, 8, 24; 845:22; 846:9, 18, 22; 849:8; 881:13; 882:1; 884:2; 916:12; 930:16; 945:21; 953:18
wrote [6] - 818:10-12;
18
819:2; 859:13; 890:13
Yyear [9] - 807:4; 860:7;
918:12; 922:5; 936:5; 956:4, 12, 16
years [14] - 823:19; 826:8, 10; 855:23; 858:11; 859:22; 860:3; 861:5; 868:13; 902:25; 921:14; 949:6, 21
YELICH [1] - 890:14Yelich [5] - 872:15,
17, 24; 890:9, 13yourself [3] - 818:1;
838:14; 904:11
ZZimmer [1] - 849:1zone [1] - 915:9