National City City Council
November 18, 2025

From: David Garcia
To: Public Comment
Subject: FORMAL PUBLIC COMMENT: A Vision for National City"s Future: The "Growth & Guarantee" Initiative Date: Saturday, November 15, 2025 7:22:00 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Dear Honorable Mayor, Members of the City Council, and Esteemed City Staff, Please accept this email as my formal Public Comment for the next available National City Council meeting.

I am submitting a vision for the future—the National City 'Growth & Guarantee' Initiative—a strategic pathway to enhance public safety, unlock economic competitiveness, and fundamentally raise our community's quality of life.

This is a time-sensitive proposal. Delaying this integrated approach carries a high cost: future construction inflation will make the project significantly more expensive, and our opportunity to be viewed as a leader in municipal innovation will be lost to neighboring cities. I urge our City leadership to consider this vision now.

The Initiative is built on three interconnected pillars:

1. Strategic Growth for Quality of Life and Competitiveness We believe that a cohesive, well-governed community provides the highest quality of life and attracts the strongest investment.

Community Cohesion: We can end fragmented governance by exploring the annexation of Lincoln Acres. This creates a unified market, signals stability to investors, and ensures every resident has equal access to highquality city services.

Economic Edge: This integrated approach is the key to attracting the necessary investment to our region. It increases job opportunities, supports property value growth, and enhances our overall competitiveness against other South Bay cities.

2. Integrated Safety and Service Hub (A Model for Innovation) We have a unique opportunity to act swiftly on the available 7.65-acre site at 2400 Euclid Avenue to develop the East Side Public Safety Hub. This project is our chance to redefine public safety.

Integrated Model: The facility should be designed as a 50/50 split: a modern Police Wing for faster response times, and a Community Resource General Comment
Center (CRC) Wing.

Leveraging County Assets: The CRC would function as a satellite extension of the County’s nearby Live Well Center, allowing us to co-locate social workers and mental health experts to proactively address root issues. This innovative model is fiscally responsible and establishes National City as a leader in modern community well-being.

3. A Guaranteed and Responsible Funding Pathway
To ensure this critical investment is delivered efficiently and on time, we must establish a clear financial plan:

Long-Term Sustainability: The new structural revenue from the annexation of Lincoln Acres provides the crucial, long-term operational funds to sustain these expanded services.

Construction Guarantee: To prevent delays and cost increases, we can guarantee the $45 million construction budget by proposing a 0.50% Local Sales Tax Measure to the voters. This guarantees the project's delivery, transforming our vision into reality without financial uncertainty.

My Suggested Next Steps:

I encourage the City Council and our City Manager to immediately initiate the necessary due diligence: a preliminary analysis of the zoning suitability for 2400 Euclid Avenue and a joint study (with LAFCO staff) of the fiscal implications of this unified Growth & Guarantee Initiative.

Thank you for your leadership and for considering this proposal for a safer, more prosperous, and more cohesive National City.

Sincerely,
David Garcia Ozua, PhD
Development Economist
| garciaozua.com
From: David Garcia
To: Public Comment
Subject: Strategic Rezoning Proposal for National City Boulevard (Mile of Cars) Date: Thursday, November 13, 2025 7:50:48 PM
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Dear Mayor and Members of the City Council,
This public comment addresses the urgent need for strategic rezoning along the Mile of Cars corridor to facilitate a transition from an auto retail center to a high-value, 21st-century economic hub focused on corporate, biotech, and high-density mixed-use development.

The current zoning limitations are a financial constraint. To make redevelopment economically viable and attractive to major institutional investors, we must create an immense opportunity for existing property owners by dramatically increasing the land's potential asset value.

I strongly recommend the City Council enact a high-density rezoning program utilizing two key zone designations:

1. EMX-Aggressive (Employment Mixed-Use)
The primary dealership parcels should be rezoned to an aggressive Employment Mixed-Use (EMX) category. This zone must prioritize high-value non-residential uses (Research & Development, Corporate Headquarters, Life Sciences, Class-A Office).

Mandatory Standards: A minimum allowable height of 120+ feet (8–10 stories) and a minimum Floor Area Ratio (FAR) of 4:1 are necessary to create the required land value for corporate campuses.

2. MXD-2 (Major Mixed-Use District)
The adjacent and supporting properties should utilize the Major Mixed-Use District (MXD2) to support the corporate core with high-density housing, hotels, and vibrant retail.

Mandatory Standards: Leveraging the MXD-2's capacity for up to 165 feet and high residential density (up to 175 DU/Acre) will ensure the district can attract the necessary talent pool.

Conclusion
This aggressive, high-density rezoning strategy acts as a Future Opportunity Catalyst for all property owners. By maximizing the allowable square footage and height, the City ensures the land's intrinsic value reflects its Highest and Best Use. This strategic step provides existing owners with the maximum asset value and flexibility, enabling a high-quality, market-driven evolution of the corridor that secures National City’s competitive edge for decades to come.

Thank you for your consideration of this strategic approach to implementing the General Plan's vision for a resilient and competitive National City.

Sincerely,
David Garcia Ozua, PhD
Development Economist
| garciaozua.com
From: leslie johnson
To: Public Comment
Subject: parking
Date: Sunday, November 16, 2025 10:11:34 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. the council knows by now there is a parking problem.I can go 2 blocks in any direction and find dozens of violations..there are too many cars..too many houses renting out rooms that the city overlooks.. one house has 13 cars on my block! people on 7th come to park on 6th ...we need to limit the number of cars in one house hold and assign parking pewrmits if the problem is not addressed.. the city needs to hire a night time parking patrol as that is when most of the violations occur
From: Michael Aguirre
To: Shelley Chapel; Clerk
Cc: Maria Severson; Alexander Gutterud
Subject: City Council Meeting (11/18/2025) Written Public Comment Date: Tuesday, November 18, 2025 1:48:34 PM
Attachments: MORRISON, RONALD 05-28-2025_errata.pdf
MORRISON, RONALD 05-28-2025_mini.pdf
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Mayor,
We are asking you to sign, under penalty of perjury, your sworn testimony in the attached deposition. It was sent to you on July 10, 2025, with a request to review and sign. You did not do it. We are now attaching the deposition and the signature page to give you a chance to sign your sworn testimony. And if you won’t, why?
Michael J. Aguirre, Esq.

AGUIRRE & SEVERSON LLP
501 W. Broadway, Ste. 1050
San Diego, CA 92101
Tel. 619-876-5364
[email protected]

·1· · · · · · · · SUPERIOR COURT OF CALIFORNIA
·2· · · · · · · · · · COUNTY OF SAN DIEGO
·3
·4· MICAELA POLANCO,
·5· · · · · · ·Plaintiff,
·6· · · ·vs.· · · · · · · · · · · · · · No. 25CU004193C ·7· THE CITY OF NATIONAL CITY,
· · et al.,
·8
· · · · · · · ·Defendants.
·9· _________________________________
10 11
12 13
14 15
16· · · · · · · ·DEPOSITION of RONALD MORRISON
17· · · · · · · · · ·San Diego, California
18· · · · · · · · · · · · May 28, 2025
19 20
21 22· Pages 1 - 66
23· Reported by:
· · Veronica S. Thompson
24· California CSR 6056, RPR, CRR, CCRR
25· Job No. 10164479

·1· · · · · · · · SUPERIOR COURT OF CALIFORNIA
·2· · · · · · · · · · COUNTY OF SAN DIEGO
·3
·4· MICAELA POLANCO,
·5· · · · · · ·Plaintiff,
·6· · · ·vs.· · · · · · · · · · · · · · No. 25CU004193C ·7· THE CITY OF NATIONAL CITY,
· · et al.,
·8
· · · · · · · ·Defendants.
·9· _________________________________
10 11
12 13
14 15
16· · · · · · The Deposition of RONALD MORRISON was taken on 17· behalf of Plaintiff at 501 West Broadway, Suite 1050, 18· San Diego, California 92101, beginning at 9:57 AM and 19· ending at 11:49 AM on Wednesday, May 28, 2025, before 20· Veronica S. Thompson, CSR 6056.
21 22
23 24
25

·1· · · · · · · · · · · · APPEARANCES
·2
·3· For Plaintiff Micaela Polanco:
·4· · · ·Aguirre & Severson LLP
·5· · · ·By:· Michael J. Aguirre, Esq.
·6· · · ·501 West Broadway, Suite 1050
·7· · · ·San Diego, California 92101
·8· · · ·619-876-5364
·9· · · ·[email protected]
10 11· For Defendant The City of National City:
12· · · ·Devaney Pate Morris & Cameron LLP
13· · · ·By:· William C. Pate, Esq.
14· · · ·402 West Broadway, Suite 1300
15· · · ·San Diego, California 92101
16· · · ·619-354-5030
17· · · ·[email protected]
18 19· Also present:
20· · · ·Marissa Cuevas, Law Clerk, Aguirre & Severson
21· · · ·Micaela Polanco
22· · · ·Luisa McCarthy
23 24
25

·1· · · · · · · · · · · · · ·INDEX
·2· Witness:· RONALD MORRISON
·3
·4· EXAMINATION· · · · · · · · · · · · · · · · · · · · ·PAGE ·5· By Mr. Aguirre· · · · · · · · · · · · · · · · · · · · 5 ·6
·7
·8· · · · · · · · · · · · · EXHIBITS
·9· NUMBER· · · · · · · · ·DESCRIPTION· · · · · · · · · PAGE 10· Exhibit 11· Text message(s)· · · · · · · · · · · · · 32 11· Exhibit 12· Email(s) re PRA 25-92 - Records· · · · · 54 12· · · · · · · request for Josie Flores Clark
13· · · · · · · Communications
14 15
16· · · FIRST REFERENCE TO PREVIOUSLY MARKED EXHIBIT(S) 17· NUMBER· · · · · · · · · · · · · · · · · · · ·PAGE· ·LINE 18· Exhibit 1· · · · · · · · · · · · · · · · · · · 8· · · 4 19· Exhibit 3· · · · · · · · · · · · · · · · · · ·22· · ·10 20 21
22 23
24 25

·1· · · · SAN DIEGO, CALIFORNIA, MAY 28, 2025, 9:57 AM
·2· · · · · · THE REPORTER:· Good morning.· The court
·3· reporter today is Veronica Thompson, Certificate
·4· No. 6056.
·5· · · · · · · · · · · RONALD MORRISON,
·6· · · ·having been duly sworn, testified as follows:
·7· · · · · · · · · · · · EXAMINATION
·8· BY MR. AGUIRRE:
·9· · · ·Q.· ·Good morning.
10· · · · · · I wanted to show you -- we're going to start 11· off with a clip that will help us.· This is from the 12· March 6 -- the March 4, 2025, city council meeting. 13· · · ·A.· ·Uh-huh.
14· · · ·Q.· ·And it's --
15· · · · · · MR. AGUIRRE:· Marissa, where does it start? 16· · · · · · MS. CUEVAS:· 35 minutes and 2 seconds.
17· · · · · · MR. AGUIRRE:· Speak up.
18· · · · · · MS. CUEVAS:· 35 minutes and 2 seconds.
19· · · · · · MR. AGUIRRE:· Okay.· Go ahead.
20· · · · · · (Audio plays as follows:)
21· · · · · · "We have scoured everything trying
22· · · ·to find anything.· They keep wanting us
23· · · ·to provide records" --
24· · · · · · MR. AGUIRRE:· Okay.· Go ahead.
25· · · · · · (Audio plays as follows:)

·1· · · · · · "We have scoured everything trying
·2· · · ·to find anything.· They keep wanting us
·3· · · ·to provide records that we can't find
·4· · · ·that exist.· And a lot of this stuff
·5· · · ·is -- is on the city computers.· We can't
·6· · · ·delete it if we wanted to.· That has all
·7· · · ·been scoured, everything else."
·8· BY MR. AGUIRRE:
·9· · · ·Q.· ·Okay.· Did you hear your statement that you 10· made at the March 4 National City council meeting?
11· · · ·A.· ·Yes.· The one that you just played, yes.
12· · · ·Q.· ·And you heard where it said the word
13· "scoured"?
14· · · ·A.· ·Yeah.
15· · · ·Q.· ·And what was your understanding of the meaning 16· of the word "scoured"?
17· · · ·A.· ·Scoured knows we've checked -- we've looked 18· over everything and tried to see everything that we 19· could find and it was -- and I say, trying to find any 20· and everything we can to answer -- answer your PRA. 21· · · ·Q.· ·Do you have cell phones that you use in
22· connection with your duties as the Mayor of National 23· City?
24· · · ·A.· ·Yes.
25· · · ·Q.· ·And you have three of them?

·1· · · ·A.· ·No.
·2· · · ·Q.· ·You have one for your campaign, and you have ·3· two other ones?
·4· · · ·A.· ·No.· I have a city phone, and I have just my ·5· personal phone.· That's it.
·6· · · ·Q.· ·Do you recognize the number 619-250-6091? ·7· · · ·A.· ·That's a city phone.· City cell phone, I
·8· should say.
·9· · · ·Q.· ·Do you recognize the number 619-475-2996? 10· · · ·A.· ·That was a landline at my house that I have 11· not had for years.
12· · · ·Q.· ·And do you recognize the number 619-339-1539? 13· · · ·A.· ·That's my personal phone.· Yes.
14· · · ·Q.· ·Okay.
15· · · ·A.· ·Personal cell phone.
16· · · ·Q.· ·Okay.· Tell us, when did you review the phone 17· number 619-339-1539 to see if it might have text
18· messages responsive to the PRAs in this case?
19· · · ·A.· ·It was before I answered -- before I turned in 20· the material to the City.
21· · · ·Q.· ·Okay.· But --
22· · · ·A.· ·I can't give you the exact date.
23· · · ·Q.· ·As best you can.
24· · · ·A.· ·Whatever the date was.· I mean, we've been hit 25· with so many PRAs, so try to remember the exact -- how

·1· we addressed each one is rather impossible.
·2· · · ·Q.· ·Okay.
·3· · · ·A.· ·So -- but...
·4· · · ·Q.· ·Let me show you what we've previously marked ·5· as Exhibit 1 in this case.
·6· · · · · · MR. AGUIRRE:· And, Counsel, I have one for you ·7· as well.
·8· · · · · · MR. PATE:· Thank you.
·9· BY MR. AGUIRRE:
10· · · ·Q.· ·This is -- starts off with request 24-688.· Do 11· you see that?
12· · · ·A.· ·Okay.
13· · · ·Q.· ·Do you have that in front of you?
14· · · ·A.· ·This one here?· Yes.
15· · · ·Q.· ·Okay.· And did you -- you see the date on 16· that?
17· · · ·A.· ·Let's see.· It was published on the 29th. 18· · · ·Q.· ·The 29th of?
19· · · ·A.· ·Looks like 29th of January.
20· · · ·Q.· ·Okay.· And when was it received?
21· · · ·A.· ·I have to see on your documentation where it 22· shows that stuff.
23· · · ·Q.· ·Do you recognize what Exhibit 1 is?
24· · · ·A.· ·As far as the request, yes.
25· · · ·Q.· ·And do you see where it says -- on the first

·1· page under "dates" it says a December date?
·2· · · ·A.· ·Oh, received December 9.· I see it up there ·3· now, yes.
·4· · · ·Q.· ·Okay.· So were you in the City of National ·5· City during the month of December?
·6· · · ·A.· ·Yes.
·7· · · ·Q.· ·And while you were in National City, did you ·8· review your telephone number 619-250-6091 to see if ·9· there were email -- or text messages responsive to
10· request 24-688?
11· · · ·A.· ·I looked through it, yes, and -- but that was 12· IT that did the reporting off of -- off of that -- off 13· the city phone.
14· · · ·Q.· ·And you're saying that the phone 619-250-6091 15· is a city phone?
16· · · ·A.· ·Yes.
17· · · ·Q.· ·And when you say IT, who do you mean?
18· · · ·A.· ·Our -- our -- our computer division goes
19· through all of our IT equipment.
20· · · ·Q.· ·What -- who in the computer division?
21· · · ·A.· ·I don't know who.· I don't know who
22· individually did this one, but they're in charge of 23· looking over both our computers and our cell phones as 24· far as the city equipment, and they turn all that in. 25· · · ·Q.· ·Did you submit your phone number with the

·1· number 619-250-6091 to someone in your IT department to ·2· review for responsive records to request No. 688?
·3· · · ·A.· ·They have access to all of our -- they have ·4· electronic access to all of that.· I don't have to
·5· actually hand them the phone itself.
·6· · · ·Q.· ·Okay.· So you -- is the answer to my question ·7· you did not submit your phone?
·8· · · ·A.· ·Don't submit the phone, no, because they have ·9· electronic access to it.
10· · · ·Q.· ·They have -- so the text messages that you 11· send and receive on phone number 619-250-6091 are stored 12· somewhere in addition to your actual phone?
13· · · ·A.· ·Yes.
14· · · ·Q.· ·And where are they stored?
15· · · ·A.· ·On the city -- city computer system.· I'm 16· not -- I'm not an IT person, but this is -- but as I 17· say, they already said that they do all, like, text 18· messages, emails, everything else.· And whether if
19· someone is -- has, you know, altered them or not, it 20· doesn't make any difference.· They have all that.
21· That's what they've informed me, and that's -- so
22· they've turned all that in.
23· · · ·Q.· ·And who was it that informed you of that? 24· · · ·A.· ·I've been informed both by our legal
25· department --

·1· · · ·Q.· ·Don't tell me that.· Don't tell me things your ·2· lawyer said.
·3· · · ·A.· ·Say what?
·4· · · ·Q.· ·Don't say anything your lawyer said to you. ·5· · · ·A.· ·Well, that's --
·6· · · ·Q.· ·Because it's protected by attorney-client ·7· privilege.
·8· · · ·A.· ·Well, that may be, but I'm just -- you're ·9· asking me who did.· I mean -- because I asked them on 10· what we need to do on this, and they -- and I was told 11· that IT will handle it.
12· · · · · · MR. PATE:· Okay.
13· · · · · · MR. AGUIRRE:· We'll be careful about that. 14· · · · · · MR. PATE:· Please.
15· BY MR. AGUIRRE:
16· · · ·Q.· ·All right.· So let's go back for a sec.
17· · · ·A.· ·Okay.
18· · · ·Q.· ·So it's true then that you did not personally 19· look over the phone --
20· · · ·A.· ·Ah --
21· · · ·Q.· ·Just one second.
22· · · · · · -- phone number 619-250-6091 to determine if 23· there were text messages on it responsive to PRA 24-688? 24· · · ·A.· ·I did.· For my personal, yes, I did.· I mean, 25· for my personal use looking it over.· But as IT is the

·1· one who turns it over to be sent on to respond to the ·2· request.
·3· · · · · · MR. AGUIRRE:· Could you read back his
·4· response, please.
·5· · · · · · THE REPORTER:· "A.· I did.· For my
·6· · · ·personal, yes, I did.· I mean, for my personal ·7· · · ·use looking it over.· But as IT is the one who ·8· · · ·turns it over to be sent on to respond to the
·9· · · ·request."
10· BY MR. AGUIRRE:
11· · · ·Q.· ·Okay.· Did --
12· · · ·A.· ·I will change the word.· When my personal use 13· and my personal purview.· In other words, I wanted to 14· see was there anything there.· And so I did look for 15· that, but IT is the one who officially turns it over. 16· · · ·Q.· ·How did you go about searching to see if you 17· had text messages that were responsive to 24-688?
18· · · ·A.· ·I fit -- well, a couple things.· I used word 19· search, but then I also went ahead and physically looked 20· through them and through the emails and also through 21· text messages.· And so -- both cases.· Both.· I just 22· physically went through text messages, emails, but then 23· I also did word search, but I don't always trust word 24· search by itself.
25· · · ·Q.· ·What search terms did you use?

·1· · · ·A.· ·I would have to remember what all was in on ·2· this particular PRA, but anything that referred to it, ·3· whether if it was the different things you used here on ·4· Brikho.· It was on Sweetwater.· It was on gas station. ·5· It was on all those different things.· Sweetwater Road. ·6· All those different things.
·7· · · ·Q.· ·You did that personally?
·8· · · ·A.· ·Yeah.
·9· · · ·Q.· ·And how long did you take time to do that? 10· · · ·A.· ·I tried to remember on that one.· It was
11· probably a good couple hours going through that stuff 12· just to take a look and see.· I say, that was the first 13· of many, many PRAs on the subject, so I did probably a 14· little bit more looking on that to see what there was 15· because it covered a lot of area and area that I hadn't 16· looked over in a while.
17· · · ·Q.· ·Did anyone assist you to do that?
18· · · ·A.· ·No.· Other than IT doing their separate thing. 19· But did not -- did not directly help me, no.
20· · · ·Q.· ·And how did you know someone at IT was doing 21· that?
22· · · ·A.· ·Because I was informed by our legal counsel. 23· · · ·Q.· ·Okay.· Did anyone from IT -- did you talk to 24· anyone from IT?
25· · · ·A.· ·Not directly, no.

·1· · · ·Q.· ·Who's in charge of IT?
·2· · · ·A.· ·That's Ron Williams.
·3· · · ·Q.· ·Okay.· Did you talk to Ron Williams to see if ·4· he had looked over the -- what was available at The City ·5· of National City to see if there were text messages on ·6· your phone that were responsive?
·7· · · ·A.· ·No, I did not.
·8· · · ·Q.· ·Other than legal counsel, did you talk to ·9· anyone else about reviewing what was on the National 10· City computer system related to your phone to see if 11· there were any text messages responsive to the 24-688? 12· · · ·A.· ·No.· There was not a need to -- or I did not 13· feel there was a need to.
14· · · ·Q.· ·So putting aside anything you heard from your 15· counsel, no one else told you that they had reviewed 16· your --
17· · · ·A.· ·Well, I'll take that back.· It was also the 18· city clerk.· The city clerk -- because the PRA was
19· coming through the city clerk.· So I just -- I did ask 20· to make sure that -- you know, that all that had been 21· covered by IT.· And I was informed by the city clerk, 22· thinking back on this, that the IT had responded with 23· all their information.
24· · · ·Q.· ·So you asked who at the city clerk's office? 25· · · ·A.· ·That was our city clerk.

·1· · · ·Q.· ·What is her name?
·2· · · ·A.· ·Why am I blanking all of a sudden?
·3· · · ·Q.· ·It's okay.
·4· · · ·A.· ·Yeah, anyway...
·5· · · ·Q.· ·We're getting old.
·6· · · ·A.· ·I know.· Tell me about it.
·7· · · ·Q.· ·All right.· But do you remember her name now? ·8· · · ·A.· ·No.· Give me a moment.· Maybe I will come up ·9· with it.
10· · · · · · MR. AGUIRRE:· Does anybody know her name? 11· · · · · · MS. POLANCO:· I think it could be Shelley. 12· · · · · · THE WITNESS:· Yeah, Shelley.
13· · · · · · MR. AGUIRRE:· Shelley what?
14· · · · · · MS. McCARTHY:· From Texas.
15· · · · · · MS. POLANCO:· Chapel.
16· · · · · · (Reporter interrupts overlapping speakers.) 17· · · · · · THE WITNESS:· Shelley Chapel.
18· · · · · · MR. AGUIRRE:· It wasn't me.
19· BY MR. AGUIRRE:
20· · · ·Q.· ·All right.· And that is a fair thing for the 21· court reporter to say, is -- I don't expect it will be a 22· problem, but we just don't want to talk over each other. 23· · · ·A.· ·Sure.
24· · · ·Q.· ·So what did you say, and what did she say in 25· response?

·1· · · ·A.· ·To the best of my recollection, it was -- ·2· basically, I asked had she received everything from IT ·3· and -- and said that, yeah, IT had provided the --
·4· everything off of both computer and cell phone.
·5· · · ·Q.· ·Did you find any text messages that were -- ·6· you felt were responsive?
·7· · · ·A.· ·As I remember it, yes, there were.
·8· · · ·Q.· ·Okay.· And how --
·9· · · ·A.· ·But --
10· · · ·Q.· ·Go ahead.· I'm sorry.
11· · · ·A.· ·I have no idea how many.· This has been, you 12· know -- I think yesterday I was told so far we got
13· like -- on this one subject like 27 PRAs, so I've been 14· going through a lot of them.· So try to remember a
15· specific one, little difficult.
16· · · ·Q.· ·Well, okay.· And I understand that.· But let's 17· just do the best we can.
18· · · ·A.· ·Uh-huh.
19· · · ·Q.· ·So when you started in the first review, you 20· were asked, for example, to see if you had any text 21· messages with the Brikhos?
22· · · ·A.· ·Uh-huh.
23· · · ·Q.· ·Correct?
24· · · ·A.· ·Uh-huh.
25· · · ·Q.· ·You have to -- you have to --

·1· · · ·A.· ·Yes.
·2· · · ·Q.· ·You don't have to say yes or no, but it just ·3· has to be an audible --
·4· · · ·A.· ·Okay.· No problem.
·5· · · ·Q.· ·-- response.
·6· · · · · · All right.· So -- and did you find any text ·7· messages that you had that were responsive with the ·8· Brikhos?
·9· · · ·A.· ·I can't remember specifically in this case, 10· but if I did, I turned them over, yeah.
11· · · ·Q.· ·Okay.· So you can't remember if you had any 12· Brikho text messages --
13· · · ·A.· ·I can't remember if there was anything
14· specifically with the Brikhos or not or something that 15· involved the Brikhos or something where I was in a chain 16· with the Brikhos.· May not made necessarily a
17· conversation between me and the Brikhos.
18· · · ·Q.· ·Did you see any text messages that were a 19· chain that you were involved in with the Brikhos?
20· · · ·A.· ·I believe so.
21· · · ·Q.· ·Okay.· And how many of those did you --
22· · · ·A.· ·I have no idea.· There wasn't that many, but 23· there was a new.
24· · · ·Q.· ·And did they relate to the Sweetwater
25· project -- the gasoline project?

·1· · · ·A.· ·I think a couple of them did early on.· And ·2· then there was -- yeah, there was a few, but there
·3· wasn't that many.
·4· · · ·Q.· ·Do you remember if there were any related to ·5· the meeting that you had with the Brikhos at their
·6· gasoline station in January of 2024 with Ben Martinez? ·7· · · ·A.· ·There must have been.· Probably, if nothing ·8· else, just a -- a note on there about having a meeting. ·9· · · ·Q.· ·Okay.
10· · · ·A.· ·But -- but, yeah, that was the day of the 11· flood, as a matter of fact.
12· · · ·Q.· ·Um --
13· · · ·A.· ·That's the only reason I remember that one 14· specifically.
15· · · ·Q.· ·Now, on your phone -- do you have text
16· messages on that city phone?· Do you have text message 17· capacity?
18· · · ·A.· ·Yes.
19· · · ·Q.· ·Okay.· And do you have email on that phone as 20· well?
21· · · ·A.· ·Uh-huh, yes.· And it's linked with my
22· computer.
23· · · ·Q.· ·Okay.
24· · · ·A.· ·The city computer.
25· · · ·Q.· ·Okay.· And do you have a home computer as

·1· well?
·2· · · ·A.· ·Yes.
·3· · · ·Q.· ·And what type -- just tell me the type.· What ·4· type is it?
·5· · · ·A.· ·It's a laptop, and it's linked to my -- my ·6· personal phone.
·7· · · ·Q.· ·Okay.· So your personal phone -- let me
·8· withdraw that.
·9· · · · · · Is your personal computer linked with your 10· city phone number --
11· · · ·A.· ·No, it's not.
12· · · ·Q.· ·Okay.· So your personal phone -- hold on one 13· second.
14· · · · · · So this number, 475-2996 -- what number was 15· that one?
16· · · ·A.· ·That was a landline that I have -- don't
17· have -- don't have that.· Haven't had it for years. 18· · · ·Q.· ·Okay.· That wasn't a political phone?
19· · · ·A.· ·I used it during my campaigning, yes.· I used 20· it, but --
21· · · ·Q.· ·But it's been -- it's been disconnected?
22· · · ·A.· ·It's been disconnected for several years. 23· · · ·Q.· ·Okay.· Good.
24· · · · · · And then the 339 -- actually, let me back up. 25· Start again.

·1· · · · · · The number 619-339-1539 -- that is your
·2· personal phone?
·3· · · ·A.· ·Correct.
·4· · · ·Q.· ·And that personal phone is connected to your ·5· computer to --
·6· · · ·A.· ·To my home one, yes.
·7· · · ·Q.· ·Okay.· But not your city?
·8· · · ·A.· ·Correct.
·9· · · ·Q.· ·Okay.· Now, you didn't have IT go through that 10· phone to see if you had any --
11· · · · · · (Reporter interrupts overlapping speakers.) 12· BY MR. AGUIRRE:
13· · · ·Q.· ·It's perfectly -- hold on.· This is -- the way 14· that you and I are interacting is perfectly normal. 15· · · ·A.· ·I know it.
16· · · ·Q.· ·So we just have to just pause for a second. 17· I'll ask you the question, so she -- because she'll get 18· really mad at us, so -- and she's got, you know --
19· · · ·A.· ·I'll put my hand over here so she can slap it 20· every now and then.
21· · · ·Q.· ·All right.· So let's go back for a second. 22· · · · · · So your 619-339-1539 -- you didn't have
23· someone from IT go through that phone to see if you had 24· responsive text messages.· Correct?
25· · · ·A.· ·No, I didn't.· I went through that, and then

·1· made copies and turned those in.
·2· · · ·Q.· ·Okay.· Now, is that -- is your -- is your ·3· 619-339-1539 -- is that phone -- is that -- that's the ·4· phone that's connected to your computer?
·5· · · ·A.· ·To my home computer, yes.
·6· · · ·Q.· ·Okay.· And did you find some text messages on ·7· that phone that were responsive?
·8· · · ·A.· ·I -- I believe so.· I'm -- I believe so, but ·9· can -- but with all these PRAs, I'm not going to be a 10· hundred percent sure on which one had stuff that was 11· related on those individual disclosures.
12· · · ·Q.· ·Now, is your -- is your -- is your
13· 619-339-1539 number -- is that connected to your Hotmail 14· account?
15· · · ·A.· ·Yes.
16· · · ·Q.· ·And did you find any -- let me start.
17· · · · · · Did you review your phone to see if you had 18· any emails that were responsive on your Hotmail?
19· · · ·A.· ·Yes, I did.
20· · · ·Q.· ·Did you find any?
21· · · ·A.· ·If I did -- I'm not going to swear one way or 22· another.· If I did, I turned them in.· Made copies and 23· turned them in.
24· · · ·Q.· ·So you can't remember if you found any?
25· · · ·A.· ·Not off -- not on that specific PRA, I'm

·1· not -- I'm not going to testify one way or another. ·2· · · ·Q.· ·How about as we're just generally speaking, ·3· did you find any?
·4· · · ·A.· ·I believe I did, but I'm not going to --
·5· · · ·Q.· ·I will tell you that -- let me show you what ·6· we previously marked as Exhibit -- I think it's 111? ·7· · · · · · MS. CUEVAS:· It's Exhibit 3.
·8· · · · · · MR. AGUIRRE:· Exhibit 3?
·9· BY MR. AGUIRRE:
10· · · ·Q.· ·Okay.· Let me show you what we previously 11· marked as Exhibit 3.
12· · · · · · Oh, no, no, no.· I'm sorry.· No, no.· Hold on. 13· Hold on.
14· · · · · · Let's take a short break.· Okay?
15· · · · · · MR. PATE:· Sure.
16· · · · · · (Recess, 10:17 AM to 10:26 AM.)
17· BY MR. AGUIRRE:
18· · · ·Q.· ·So would it be fair to say that whatever
19· documents you personally obtained in response to 24-688 20· were -- came from either your computer or your personal 21· phone?· Is that true?
22· · · ·A.· ·Yes.
23· · · ·Q.· ·Okay.
24· · · ·A.· ·Yeah.
25· · · ·Q.· ·And then would it also be fair to say that

·1· those -- those -- whatever items you did find that were ·2· responsive -- you delivered those to the city clerk? ·3· · · ·A.· ·Yes.
·4· · · ·Q.· ·Okay.· And as you noted that the production ·5· was on January the 29th under 24-688, do you remember ·6· how close to that date you actually delivered your
·7· documents to the city --
·8· · · ·A.· ·No, I don't.
·9· · · ·Q.· ·-- clerk?
10· · · · · · How did you deliver those documents to the 11· city clerk?· Was it by email or personal or --
12· · · ·A.· ·Some of it was by email, and the other one 13· was -- because I -- yeah, some of it was paper copy and 14· was delivered -- delivered it by hand to him.
15· · · ·Q.· ·To the actual city clerk -- what's her name 16· again?
17· · · · · · MS. POLANCO:· Shelley Chapel.
18· BY MR. AGUIRRE:
19· · · ·Q.· ·Shelley?
20· · · ·A.· ·Yes.· Either her or her direct assistant if 21· she wasn't in the office.
22· · · ·Q.· ·And who's her direct assistant?
23· · · ·A.· ·You're asking me all these names.
24· · · · · · MS. McCARTHY:· Tanya?
25· · · · · · THE WITNESS:· Huh?· Yeah.· Tanya.

·1· · · · · · (Interruption by reporter for clarification.) ·2· · · · · · MR. AGUIRRE:· Just whisper it to me next time. ·3· · · · · · MS. McCARTHY:· All right.
·4· · · · · · MR. AGUIRRE:· All right.
·5· · · · · · MS. POLANCO:· I'm sorry.· What was the
·6· question?
·7· · · · · · MR. AGUIRRE:· You can't talk.
·8· · · · · · MS. POLANCO:· I know, but --
·9· · · · · · MR. AGUIRRE:· You can't talk.
10· · · · · · MS. POLANCO:· -- Tanya's not her boss.
11· · · · · · MR. AGUIRRE:· Shh.
12· BY MR. AGUIRRE:
13· · · ·Q.· ·Tanya is the city clerk's assistant.· Correct? 14· · · ·A.· ·The assistant city clerk, yes.
15· · · · · · MR. AGUIRRE:· Okay.· Can you go to the -- this 16· entry here, please.
17· BY MR. AGUIRRE:
18· · · ·Q.· ·We're going to play a second one for you.· Go 19· ahead.
20· · · ·A.· ·Okay.
21· · · · · · (Audio plays as follows:)
22· · · · · · "So the -- this and -- cell phone
23· · · ·stuff has all been turned in."
24· BY MR. AGUIRRE:
25· · · ·Q.· ·Now, did you hear what you said there?

·1· · · ·A.· ·Uh-huh.
·2· · · ·Q.· ·You have to say either "yes" or "no" or
·3· something --
·4· · · ·A.· ·Yes.
·5· · · ·Q.· ·Okay.· And you said that the cell phone stuff ·6· had been turned in?
·7· · · ·A.· ·Right.· And it was anything that was pertinent ·8· to the PRA that was on cell phones.
·9· · · ·Q.· ·Now, I'm just talking your cell phone.
10· · · ·A.· ·My personal talk -- you're talking my personal 11· one?
12· · · ·Q.· ·Well, you had a personal cell phone and then 13· you had --
14· · · ·A.· ·Right.
15· · · ·Q.· ·-- the city cell phone.
16· · · · · · And your personal cell phone is the
17· 619-339-1539.· Correct?
18· · · ·A.· ·If it was pertinent to the -- to the PRA, yes. 19· · · ·Q.· ·But you didn't actually turn that --
20· · · · · · (Reporter interrupts overlapping speakers.) 21· BY MR. AGUIRRE:
22· · · ·Q.· ·You didn't turn in your personal cell phone, 23· 619-339-1539, to anyone in the City of National City. 24· Correct?
25· · · ·A.· ·Correct.· I just turned in the information

·1· that was requested.
·2· · · ·Q.· ·And that you turned in to either the city ·3· clerk or her assistant, Tanya?
·4· · · ·A.· ·Or the assistant city clerk, yes.
·5· · · ·Q.· ·And that's Tanya?
·6· · · ·A.· ·Yes.
·7· · · ·Q.· ·Okay.· And then with regard to your city cell ·8· phone, 619-250-6091, did you deliver that phone to the ·9· IT department?
10· · · ·A.· ·They already had ac- -- they had electronic 11· access to it.
12· · · ·Q.· ·Okay.· But they didn't -- you didn't actually 13· deliver the actual cell phone, 619-250-6091, to the IT 14· department.· Correct?
15· · · ·A.· ·No, I did not.
16· · · ·Q.· ·And, in fact, you didn't deliver that to
17· anyone in the City of National City?
18· · · ·A.· ·No.· If I did after 27 PRAs on this thing, I 19· would have never had use of my phone.
20· · · ·Q.· ·Okay.· But -- but --
21· · · · · · MR. AGUIRRE:· Can you read his answer, please? 22· · · · · · THE REPORTER:· "A.· No.· If I did after
23· · · ·27 PRAs on this thing, I would have never had
24· · · ·use of my phone."
25· ///

·1· BY MR. AGUIRRE:
·2· · · ·Q.· ·And I appreciate that, and I'm happy -- you ·3· can -- as long as you answer, if you want to add
·4· something, it's okay with me.
·5· · · ·A.· ·Thank you.
·6· · · ·Q.· ·So that's fine.· All right.
·7· · · · · · Let's go to April the 1st, 2025, City of
·8· National City.· Starting right there.
·9· · · · · · Okay.· Go ahead.
10· · · · · · (Audio plays as follows:)
11· · · · · · "You aware that your office and your
12· · · ·assistant set up a meeting between the
13· · · ·owners of the proposed gas station and
14· · · ·the owners of the cemetery where they
15· · · ·were -- the cemetery owners were offered
16· · · ·discounted gas and liquor in -- in -- in
17· · · ·an ask to stop opposition to the project?
18· · · · · · "I was aware that there was a
19· · · ·meeting at their request to have the two
20· · · ·sides meet together that he facilitated
21· · · ·so that they could meet and" --
22· BY MR. AGUIRRE:
23· · · ·Q.· ·Okay.· Did you hear that question and that 24· answer?
25· · · ·A.· ·Yes.

·1· · · ·Q.· ·You said you were aware of what Council Member ·2· Rodriguez had said?
·3· · · ·A.· ·Of the first part as far as that there was a ·4· meeting.
·5· · · ·Q.· ·Okay.· And how did you become aware of that? ·6· · · ·A.· ·I was aware of it.· Trying to think what would ·7· be in the first --
·8· · · · · · (Interruption by reporter for clarification.) ·9· · · · · · THE WITNESS:· I'm just trying to think it 10· through at the moment.
11· BY MR. AGUIRRE:
12· · · ·Q.· ·Take your time.
13· · · ·A.· ·Yeah.· No.· I'm just trying to remember back. 14· · · · · · I -- the only thing I can recollect was when 15· my assistant came and informed me of it, that -- that it 16· had been requested.
17· · · ·Q.· ·Your assistant informed you that what had been 18· requested?
19· · · ·A.· ·A meeting had been requested.
20· · · ·Q.· ·By?
21· · · ·A.· ·The two individuals, your two clients, and by 22· the Brikhos.
23· · · ·Q.· ·And I don't want to go any further than that 24· except just to ask:· Was that something that you
25· received in writing?

·1· · · ·A.· ·No.
·2· · · ·Q.· ·You didn't receive a text message that -- from ·3· your assistant saying that there was a meeting?
·4· · · ·A.· ·Not to my recollection.· I'd have to go back ·5· and look.
·6· · · ·Q.· ·Okay.· And what would you go back and look at? ·7· · · ·A.· ·Well, I mean, I would look to see if there was ·8· a text message.· I don't remember one at this moment. ·9· · · ·Q.· ·Did you typically receive text messages
10· involving this Sweetwater gasoline project that you 11· received from your assistant on your personal phone or 12· on your City of National City phone?
13· · · ·A.· ·Could be either one, but I -- I didn't receive 14· very many of -- I mean, it was just like any other
15· project, so I -- off the top of my head, I couldn't tell 16· you, but it wouldn't -- it wouldn't have been many in 17· any case.
18· · · · · · MR. AGUIRRE:· Could you read that question and 19· answer back, please?
20· · · · · · THE REPORTER:· "Q.· Did you typically
21· · · ·receive text messages involving this
22· · · ·Sweetwater gasoline project that you received
23· · · ·from your assistant on your personal phone or
24· · · ·on your City of National City phone?
25· · · · · · "A.· Could be either one, but I -- I

·1· · · ·didn't receive very many of" --
·2· · · · · · MR. AGUIRRE:· That's good.· That's good.
·3· BY MR. AGUIRRE:
·4· · · ·Q.· ·So you were saying that your personal
·5· assistant -- I'm sorry.
·6· · · · · · You're saying your assistant told you that -- ·7· actually, let me withdraw that.
·8· · · · · · MR. AGUIRRE:· Let's go back.· And can you ·9· replay that, if you would, starting here?
10· · · · · · (Audio plays as follows:)
11· · · · · · "You aware that your office and your
12· · · ·assistant set up a meeting between the
13· · · ·owners of the proposed gas station and
14· · · ·the owners of the cemetery where they
15· · · ·were -- the cemetery owners were offered
16· · · ·discounted gas and liquor in -- in a --
17· · · ·in an ask to stop opposition to the
18· · · ·project?
19· · · · · · "I was aware that there was" --
20· BY MR. AGUIRRE:
21· · · ·Q.· ·Now, so did your assistant tell you that the 22· Brikhos had offered discounted gas and liquor to
23· Ms. Polanco?
24· · · ·A.· ·She did.· Offered it as part of a request from 25· your clients, yes.

·1· · · ·Q.· ·Okay.
·2· · · ·A.· ·I mean, that it was offered and -- as part of ·3· a request from your clients.
·4· · · ·Q.· ·Okay.· And, again, that's a perfect example of ·5· giving an explanation, which is fine, but I need to make ·6· sure we got an answer.
·7· · · ·A.· ·Uh-huh.
·8· · · ·Q.· ·What I'm asking is:· Did your assistant tell ·9· you that the Brikhos had offered Ms. Polanco discounted 10· gas and discounted -- actually, let me stop.· Let me 11· withdraw that.· Let me start again.
12· · · · · · Did your assistant tell you that the Brikhos 13· had offered Ms. Polanco discounted gas and discounted 14· liquor in order to get them to support the Sweetwater 15· gasoline station project?
16· · · ·A.· ·If she did, it would have been in a
17· conversation.· I don't believe it was in part of any 18· document.
19· · · ·Q.· ·Okay.· And, again, that's a fair explanation, 20· but you're saying "if she did," and that's my question:
21· Do you remember if she did?
22· · · ·A.· ·Yeah.· The deal is what we're talking about is 23· documents here, PRA documents --
24· · · ·Q.· ·Exactly.
25· · · ·A.· ·-- not conversations.

·1· · · ·Q.· ·Right.· Exactly.· That's what I'm getting at. ·2· · · ·A.· ·Yeah.· So I'm not aware of a document for ·3· that.
·4· · · ·Q.· ·Okay.· So as you sit here today, you did not ·5· receive a text message --
·6· · · ·A.· ·I'm not aware of one that I can -- to the best ·7· of my recollection, I'm not aware of one.
·8· · · ·Q.· ·No.· And I'm with you on that, but you're ·9· going to get us in trouble, okay, with her, so just 10· don't talk --
11· · · ·A.· ·Okay.
12· · · ·Q.· ·So let's go back.
13· · · · · · Did you receive a copy of any text messages 14· between the Brikhos and Ms. Polanco involving the offer 15· of discounted gas and liquor in connection with the 16· Sweetwater gasoline project?
17· · · ·A.· ·I'd have to go back and look at the records. 18· Off the top of my head, I can't answer that.
19· · · · · · (Exhibit 11 was marked for identification.) 20· BY MR. AGUIRRE:
21· · · ·Q.· ·Exhibit 11 is, I think, what you would call a 22· chain of emails to your assistant, and they're in and 23· around Monday, November the 25th.
24· · · · · · That's on the second page, Counsel, at the 25· top.

·1· · · · · · And then they run -- they continue to run ·2· thereafter.
·3· · · ·A.· ·Uh-huh.
·4· · · ·Q.· ·Did you have Exhibit 11 in your possession at ·5· the time that request 24-688 was received by you?
·6· · · ·A.· ·I'm still looking it over, but...
·7· · · ·Q.· ·Okay.· Take your time.· Take your time.
·8· · · ·A.· ·If any of this was addressed to me, I would ·9· have.
10· · · ·Q.· ·Right.· I'm just asking if you have a
11· recollection of having a copy of this actually in your 12· possession --
13· · · ·A.· ·Yeah.
14· · · ·Q.· ·-- that you turned over --
15· · · ·A.· ·I'm just look- -- I'm just looking through it 16· right now.· And some of it looks familiar but not all of 17· it, so I'm not a hundred percent sure.
18· · · ·Q.· ·Okay.· That's fair.
19· · · · · · Let's go ahead and play the rest of that. 20· · · · · · (Audio plays as follows:)
21· · · · · · "I was aware that there was a
22· · · ·meeting at their request to have the two
23· · · ·sides meet together, and she facilitated
24· · · ·so that they could meet, and it was my
25· · · ·understanding that the two people from

·1· · · ·the cemetery was requesting the idea of
·2· · · ·discounted gasoline, discounted alcohol,
·3· · · ·and a monument sign for their facility on
·4· · · ·the -- on the property."
·5· BY MR. AGUIRRE:
·6· · · ·Q.· ·Did that information that you just indicated ·7· you were aware of -- actually, let me withdraw that. ·8· · · · · · MR. AGUIRRE:· Would you play that one more ·9· time?
10· · · · · · Excuse me.· Did you get that down?
11· · · · · · THE REPORTER:· I've gotten down the stuff that 12· was said.
13· · · · · · MR. AGUIRRE:· Excellent.· Thank you.· Then I 14· don't need to replay it.
15· BY MR. AGUIRRE:
16· · · ·Q.· ·So how did you become aware of that?
17· · · ·A.· ·To the best of my recollection, I was both 18· verbally told that, and also I was shown some text, but 19· I don't know if I -- if I had those texts in my -- I 20· don't believe I had all those texts in my possession, 21· but I was shown some.
22· · · ·Q.· ·Okay.· And by?
23· · · ·A.· ·Other individuals.
24· · · ·Q.· ·By the name of?· You have to give me their 25· name.· Was that your associate?

·1· · · ·A.· ·Huh?
·2· · · ·Q.· ·Was it your --
·3· · · ·A.· ·Well, no, because they -- weren't we talking ·4· about documents here?
·5· · · ·Q.· ·That's all we're talking about here.
·6· · · ·A.· ·Right.
·7· · · ·Q.· ·So what I'm asking is -- I'm trying to find ·8· out if your associate gave you such documents --
·9· · · ·A.· ·Right.
10· · · ·Q.· ·-- that you just described.
11· · · ·A.· ·Right.· And I'm not too sure if it was from 12· her or not, but I know I was shown some stuff, but I'm 13· not too sure if I ever had those in my possession.· And 14· so the only thing we're dealing with here is, you know, 15· documents that are within my possession.
16· · · ·Q.· ·Exactly.
17· · · ·A.· ·Right.
18· · · ·Q.· ·And so --
19· · · ·A.· ·But I'm not aware if those were ever in my 20· possession.
21· · · ·Q.· ·Is there someone other than your associate 22· that you might have received those documents from?
23· · · ·A.· ·Wouldn't have received them.· They might have 24· been shown to me.
25· · · ·Q.· ·And who would that have been?

·1· · · ·A.· ·Well, it wouldn't make any difference because ·2· the documents aren't in my possession.· That's what the ·3· PRA is dealing with.
·4· · · ·Q.· ·Well, we're also, though -- it would help us ·5· to see if we could identify whose possession they are ·6· in.
·7· · · ·A.· ·Uh-huh.
·8· · · ·Q.· ·So is there some other person --
·9· · · ·A.· ·You're asking me to do your work for you. 10· · · ·Q.· ·Well, you know, I gotta have somehow.
11· · · ·A.· ·So I had to say -- I had to say, some of the 12· stuff in there looks familiar, but whether clear -- it 13· was actually ever in my possession, I'm not -- I cannot 14· testify to that, although I know I was shown stuff by 15· people and...
16· · · ·Q.· ·Okay.
17· · · ·A.· ·So let's leave it at that.
18· · · ·Q.· ·Are you declining to say who those people are, 19· or you just don't remember who they were?
20· · · ·A.· ·Well, I just don't think it's part -- part of 21· this deposition.
22· · · ·Q.· ·Okay.· Well, I'll let you get away with that. 23· · · · · · MR. AGUIRRE:· Keep going.· Let's go to the 24· next -- let's go to the next.
25· · · · · · (Audio plays as follows:)

·1· · · · "I was aware that there was a
·2· ·meeting at their request to have the two
·3· ·sides meet together, and she facilitated
·4· ·so that they could meet, and it was my
·5· ·understanding that the two people from
·6· ·the cemetery was requesting the idea of
·7· ·discounted gasoline, discounted alcohol,
·8· ·and a monument sign for their facility on
·9· ·the -- on the property.
10· · · · "And you're aware of this because
11· ·the -- your assistant was there?"
12· · · · "She was there for the first part of
13· ·it when that happened, and then she left.
14· ·She was only there for the first portion
15· ·of it.
16· · · · "So how did you know about it?
17· · · · "Huh?
18· · · · "How did you know about it?
19· · · · "How did I know about?
20· · · · "If your assistant wasn't there at the
21· ·meeting, how did you know?
22· · · · "That was covered at the very first
23· ·part of the meeting.
24· · · · "So she was there?
25· · · · "I said she was at the first part of

·1· · · ·the meeting, yes.
·2· · · · · · "Okay.· So she was there --
·3· · · · · · "She was not there for the entire
·4· · · ·meeting.
·5· · · · · · "Uh-huh.
·6· · · · · · "And two things.· She was -- I think
·7· · · ·she was sick at the time, and she had
·8· · · ·just -- just lost her son."
·9· · · · · · MR. AGUIRRE:· Can you pause it?
10· BY MR. AGUIRRE:
11· · · ·Q.· ·Now, did you have a document that told you 12· that she lost a son or a nephew?
13· · · ·A.· ·Once again, this is not -- that's nothing to 14· deal with this PRA.
15· · · ·Q.· ·Okay.· So are you declining to answer?
16· · · ·A.· ·Well, in that it's not -- it's not part of 17· this PRA, which is what this deposition's about.
18· · · ·Q.· ·Okay.· Let's continue.
19· · · · · · (Audio plays as follows:)
20· · · · · · "Now that you bring up the son or --
21· · · ·or nephew, do you know if your assistant
22· · · ·asked for burial services to be paid by a
23· · · ·local business?
24· · · · · · "No, she did not.
25· · · · · · "Or businesses?

·1· · · · · · "Huh?
·2· · · · · · "Or businesses.
·3· · · · · · "Or businesses?· No, she did not.
·4· · · ·I'm not going to do an inquisition here,
·5· · · ·but she did not, although the -- let's
·6· · · ·see.· The attorney -- he's left the room.
·7· · · ·He did call her up and accuse her of
·8· · · ·that."
·9· · · · · · MR. AGUIRRE:· Stop that.
10· BY MR. AGUIRRE:
11· · · ·Q.· ·Did you have a document that told you that? 12· · · ·A.· ·Told me which part?
13· · · ·Q.· ·About an attorney calling up and accusing your 14· assistant?
15· · · ·A.· ·And -- as far as accusing on what?
16· · · ·Q.· ·Whatever you were saying there.
17· · · ·A.· ·Okay.· Yeah.· I think we might need to change 18· the name on your deal to Aguirre Severson & Rodriguez 19· because it sounds like as if he was working for you 20· here, but -- anyway, do I have a document of that?· No. 21· · · ·Q.· ·Yeah.· In other words, what was your source of 22· information for saying that?
23· · · ·A.· ·Okay.· A number of things.· One thing, I was 24· told.· And also, if it's the conversation I'm thinking 25· of, I was also in the room when the conversation was

·1· going on over the phone.
·2· · · ·Q.· ·With your assistant?
·3· · · ·A.· ·Yes.· But once again, there's not a
·4· document -- you asked if there's a document.· There is ·5· not a document, and which is that's what we're dealing ·6· with here today, is documents.
·7· · · ·Q.· ·And you're right, and we're going -- you know, ·8· sometimes we've got to find out what the information ·9· was --
10· · · ·A.· ·Uh-huh --
11· · · ·Q.· ·-- and then try to see if there was a
12· document.
13· · · ·A.· ·-- uh-huh.
14· · · · · · There is no document.
15· · · · · · MR. AGUIRRE:· Okay.· Continue on.
16· · · · · · (Audio plays as follows:)
17· · · · · · "And because she had let -- it was a
18· · · ·situation to where she had went over and
19· · · ·signed documents, everything else and
20· · · ·agreements, and take care of it" --
21· · · · · · MR. AGUIRRE:· Stop.
22· BY MR. AGUIRRE:
23· · · ·Q.· ·So you were indicating there that your
24· associate had gone over to Mica's La Vista --
25· · · ·A.· ·Uh-huh.

·1· · · ·Q.· ·-- and signed documents.· Is that correct? ·2· · · ·A.· ·Correct.
·3· · · ·Q.· ·Okay.· And was there a document that told you ·4· that?
·5· · · ·A.· ·I was shown documents.
·6· · · ·Q.· ·Okay.· And what documents were you shown? ·7· · · ·A.· ·It was documents between Josie Flores Clark ·8· and for the cemetery.
·9· · · ·Q.· ·Okay.
10· · · ·A.· ·So I was shown them, but...
11· · · ·Q.· ·Did you keep those documents?
12· · · ·A.· ·I don't have those documents, no.
13· · · ·Q.· ·Okay.· Were those documents related to the 14· burial of her nephew?
15· · · ·A.· ·Yes.
16· · · ·Q.· ·Okay.· But you didn't retain the documents? 17· · · ·A.· ·No.
18· · · · · · MR. AGUIRRE:· Keep going.
19· · · · · · (Audio plays as follows:)
20· · · · · · "A call the next week from Edco
21· · · ·asking had they set up services yet or
22· · · ·anything and" --
23· BY MR. AGUIRRE:
24· · · ·Q.· ·Did you -- did you receive information in a 25· written form from Edco that John had called your

·1· assistant to tell her that he would be -- Edco would be ·2· paying for the cost of the nephew's funeral?
·3· · · ·A.· ·Not in written form, no.
·4· · · ·Q.· ·Just -- that's what your associate told you? ·5· · · ·A.· ·Say what?
·6· · · ·Q.· ·Is that what your associate told you?
·7· · · ·A.· ·It's what Edco told me.
·8· · · ·Q.· ·John told you that?
·9· · · ·A.· ·John and also Steve South.
10· · · ·Q.· ·Was that by email?
11· · · ·A.· ·No, it was not.· They told me.· They did not 12· write to me.
13· · · ·Q.· ·All right.· Fair enough.· And we'll respect 14· the fact that this is for documents.
15· · · · · · MR. AGUIRRE:· Do you mind if we take another 16· short break?
17· · · · · · THE WITNESS:· If you want to, sure.
18· · · · · · (Recess, 10:50 AM to 11:01 AM.)
19· · · · · · MR. AGUIRRE:· Back on the record.
20· · · · · · (Audio plays as follows:)
21· · · · · · "She later got a call the next week
22· · · ·from Edco asking had they set up services
23· · · ·yet or anything.· And at that point she
24· · · ·said, 'Yes, I've already signed the
25· · · ·documents and everything else.'· And he

·1· · · ·said -- and this is John.· He said, 'When
·2· · · ·you get the bill, send it to me.'· She
·3· · · ·goes, 'Why?'· And that's when he informed
·4· · · ·her that they had a company policy to
·5· · · ·take care of their employees and their
·6· · · ·retirees I think after they were vested
·7· · · ·for their funeral services.· So no, she
·8· · · ·did not request from anyone that" --
·9· BY MR. AGUIRRE:
10· · · ·Q.· ·And that information came to you not by
11· written form?
12· · · ·A.· ·Not by written form.
13· · · ·Q.· ·Okay.· Continue on.
14· · · · · · (Audio plays as follows:)
15· · · · · · "That to happen.
16· · · · · · "She was unaware of it.
17· · · · · · "She did not request from any
18· · · ·businesses to offer payment for the
19· · · ·burial service of a family member?
20· · · · · · "She did not, no."
21· BY MR. AGUIRRE:
22· · · ·Q.· ·And you heard about the 7,000?
23· · · ·A.· ·As far as which -- which 7,000 we talking 24· about now?
25· · · ·Q.· ·That she had asked for from Mica.

·1· · · ·A.· ·I heard a claim made during public comments at ·2· city council.
·3· · · ·Q.· ·So you never heard that from her assistant? ·4· · · ·A.· ·No.· And I have no documentation.· My only ·5· knowledge of that was a claim made by your clients in a ·6· public comment.
·7· · · ·Q.· ·Well, the contract that you saw -- what was ·8· the price?
·9· · · ·A.· ·I cannot re- -- I saw orig- -- there was a 10· couple of contracts, and so...
11· · · ·Q.· ·All right.· So I don't want to go too much 12· further than this, but you're -- as you sit here today, 13· it's your testimony that you had no knowledge that -- of 14· your associate asking for $7,000 from Mica?
15· · · ·A.· ·I have no knowledge of that ever happening. I 16· only have knowledge of a claim made by your client. 17· · · ·Q.· ·And then at the meeting you were at with Josie 18· when she received a call telling her that the $7,000 19· couldn't be paid?· Did you ever hear that?
20· · · ·A.· ·Don't recollect that, but I have no document 21· on that either.
22· · · ·Q.· ·Okay.· All right.· Let's keep -- we're going 23· to go to April 15.
24· · · · · · (Audio plays as follows:)
25· · · · · · "I never had heard of Brikho

·1· ·discounts or asking people like that for
·2· ·discount.· Well, no, I won't say that
·3· ·I've never heard it because I did because
·4· ·there's -- they kept wanting to show up
·5· ·different stuff about text messages.
·6· ·There's a text messages they're not
·7· ·showing, and that was a text message
·8· ·between Mica and the developer, the
·9· ·Brikhos, where she is demanding that they
10· ·put in a formal listing, a formal letter
11· ·that they -- that -- that Luisa and Mica
12· ·would get a discount of gasoline and
13· ·discount for alcohol and to have it
14· ·notarized.· And that's actually in a
15· ·text, but they don't show that
16· ·because" --
17· · · · MR. AGUIRRE:· No.· Keep going.· Keep going.
18· · · · (Audio plays as follows:)
19· · · · -- "that wasn't between them and a
20· ·government official.· It was between them
21· ·and the developer."
22· · · · MR. AGUIRRE:· Okay.· Stop it.
23· · · · (Audio plays as follows:)
24· · · · "They were the ones asking for it."
25· · · · MR. AGUIRRE:· I'm sorry.· Just going a little

·1· further.
·2· · · · · · (Audio plays as follows:)
·3· · · · · · "And she actually had the audacity
·4· · · ·to come up here and act like as if I was
·5· · · ·doing that."
·6· BY MR. AGUIRRE:
·7· · · ·Q.· ·Okay.· So is Exhibit 11 -- is that the
·8· document that you were referring to?
·9· · · ·A.· ·No.· I'm sorry.· Which one now?
10· · · ·Q.· ·Exhibit 11.
11· · · · · · No, no.· It's the email -- or the text message 12· exchange.
13· · · ·A.· ·Oh.
14· · · ·Q.· ·Is that the documents you were referring to? 15· · · ·A.· ·I have to look through all this to see.· Some 16· of it looks familiar --
17· · · ·Q.· ·Take your time.
18· · · ·A.· ·-- some of it does not look familiar.
19· · · ·Q.· ·But the specific question is:· You had said 20· that the email -- the text messages that you had just 21· described.
22· · · ·A.· ·Huh?
23· · · ·Q.· ·That's what I'm asking.· Is that -- is
24· Exhibit 11 the text messages you were talking about 25· there?

·1· · · ·A.· ·This looks similar and -- but I don't know if ·2· it contains everything of what I was talking on there or ·3· not.
·4· · · ·Q.· ·Okay.· Now, that was something that you
·5· understood that was in Josie's possession?
·6· · · ·A.· ·I don't -- I'm not aware if that was in her ·7· possession or not.
·8· · · ·Q.· ·Was that a document that was produced by the ·9· City in response to 24-688?
10· · · ·A.· ·You're talking about this -- the original, 11· this first --
12· · · ·Q.· ·Yes --
13· · · ·A.· ·-- PRA?
14· · · ·Q.· ·-- yes.
15· · · ·A.· ·I do -- I did not see what all they produced. 16· I only know what I gave them.
17· · · ·Q.· ·Okay.· Okay.· So when you say "they produced," 18· who --
19· · · ·A.· ·The City -- from the City.
20· · · ·Q.· ·And who specifically did you understand did 21· the producing?
22· · · ·A.· ·I'm assuming that comes both through our city 23· clerk and our -- our city attorney's office.
24· · · ·Q.· ·Okay.· So you didn't see what was actually 25· produced?

·1· · · ·A.· ·No.· I only know what I gave them.
·2· · · ·Q.· ·Did you keep a list of what you gave?
·3· · · ·A.· ·I believe I do have a file and the things that ·4· I gave, yes.
·5· · · ·Q.· ·And -- okay.· Have you produced that?
·6· · · ·A.· ·Huh?
·7· · · ·Q.· ·Did you produce that to the -- for the -- in ·8· response --
·9· · · ·A.· ·Everything that I have I gave them, yes.
10· · · ·Q.· ·Including your list?
11· · · ·A.· ·Including what?
12· · · ·Q.· ·Including your list?
13· · · ·A.· ·Not a list.· I just gave them the documents. 14· · · ·Q.· ·I'm sorry.· You said just a moment ago that 15· you had a list of what you gave and --
16· · · ·A.· ·Oh.
17· · · ·Q.· ·-- I'm just wondering --
18· · · ·A.· ·No.· I have a folder of things that I gave -- 19· that I gave them for the different PRAs.
20· · · ·Q.· ·Uh-huh.
21· · · ·A.· ·And so -- but I don't -- I don't know from 22· what of that that they saw was pertinent to forward on 23· as part of the PRA.
24· · · ·Q.· ·Is that an electronic folder?
25· · · ·A.· ·No.· It's a physical folder.

·1· · · ·Q.· ·Where is that located?
·2· · · ·A.· ·At my office.
·3· · · ·Q.· ·At home?
·4· · · ·A.· ·No.· In my office at -- I don't have an office ·5· at home.· I have an office at City Hall.
·6· · · ·Q.· ·Okay.· Let's go to the next one.
·7· · · · · · (Audio plays as follows:)
·8· · · · · · "The one that was from Martin Reeder
·9· · · ·and claimed on there how they were
10· · · ·putting it on hold, so it's not hold --
11· · · ·he didn't -- the party didn't mention --
12· · · ·if you look up at the top of there -- and
13· · · ·I was close enough where I could see
14· · · ·it -- the subject matter of the text from
15· · · ·Martin Reeder was application
16· · · ·withdrawal."
17· BY MR. AGUIRRE:
18· · · ·Q.· ·Now, do you know when that document was
19· produced?
20· · · ·A.· ·When -- when it was originally produced?
21· · · ·Q.· ·It was produced in response to the PRA in this 22· case.
23· · · ·A.· ·Okay.· Know it was produced to you?
24· · · ·Q.· ·Yes.
25· · · ·A.· ·Okay.· I don't know the exact date it was, no,

·1· I do not.· I know the original document was on December ·2· the 10th because it was when we had the council meeting. ·3· · · ·Q.· ·But do you remember at some point you said ·4· that the City had scoured and had produced everything? ·5· · · ·A.· ·I -- I said we tried to produce everything, so ·6· to the best of my recollection, yes.
·7· · · ·Q.· ·And that was in March that you made that
·8· statement?· We saw that before?
·9· · · ·A.· ·I believe -- I believe that's correct.
10· · · ·Q.· ·Okay.· But then do you have an understanding 11· that the document you just described was not produced 12· until May?
13· · · ·A.· ·I don't know the date that it went -- when it 14· was produced.· I -- had to be before May because you 15· got -- you gave me -- you gave us a packet, and it was 16· in that -- it was in that packet.· That was the first 17· time that I actually -- actually got to see it.· I had 18· been told about it and told they were producing another 19· document that they'd found, but I -- first time I saw it 20· was in the packet that you gave us.
21· · · ·Q.· ·So you didn't see it in December of 2024? 22· · · ·A.· ·No.· It wasn't sent to me.· That was
23· between -- if I remember right, to the best of my
24· recollection, it was between the Brikhos going to Martin 25· Reeder.· I was not included on that.

·1· · · ·Q.· ·And you didn't see it at that time?
·2· · · ·A.· ·No.
·3· · · ·Q.· ·And --
·4· · · ·A.· ·We were told that they had withdrawn --
·5· · · ·Q.· ·But --
·6· · · ·A.· ·-- but I did not see a document.
·7· · · ·Q.· ·Would it be fair to say that you understood -- ·8· you understand now that that document was produced after ·9· your March 6 -- March 4 statement that all the documents 10· had basically been produced?
11· · · ·A.· ·I'm not too sure.· I don't know exactly when 12· it was produced to you.
13· · · ·Q.· ·Okay.· All right.· Let's keep going.
14· · · · · · If I can invite your attention back to
15· Exhibit 3.
16· · · ·A.· ·Uh-huh.
17· · · ·Q.· ·Do you see the first document there is -- 18· · · · · · MR. PATE:· Do you have an extra copy of
19· Exhibit 3?
20· · · · · · THE WITNESS:· I'll look on with you.
21· · · · · · (Reporter interrupts overlapping speakers.) 22· · · · · · MR. AGUIRRE:· Just take a break.· Hold on. 23· We'll get an extra copy.
24· · · · · · (Recess, 11:10 AM to 11:21 AM.)
25· · · · · · THE REPORTER:· Back on the record.

·1· BY MR. AGUIRRE:
·2· · · ·Q.· ·So we're looking at Exhibit 3, and this is ·3· from Joseph Brikho dated 30 May 2024, and it's to Josie ·4· Flores Clark --
·5· · · ·A.· ·Uh-huh.
·6· · · ·Q.· ·-- NC Mayor's office.· Okay.
·7· · · · · · And you see that.· Correct?
·8· · · ·A.· ·Yes.
·9· · · ·Q.· ·All right.· Now, if you go in -- connected to 10· that are a series of pictures --
11· · · ·A.· ·Uh-huh.
12· · · ·Q.· ·-- and architectural drawings.· And then the 13· next email after that.· I can show you.· It's about like 14· right here.
15· · · ·A.· ·Okay.
16· · · ·Q.· ·And here's -- do you see -- do you see the one 17· I have in front of you?
18· · · ·A.· ·Yes, it's that one.
19· · · · · · MR. PATE:· You got it.
20· BY MR. AGUIRRE:
21· · · ·Q.· ·So I'm looking at one from Josie Brikho.· And 22· do you see what it says along the top there?· Josie -- 23· Joseph Brikho --
24· · · ·A.· ·Uh-huh.
25· · · ·Q.· ·-- and then Ben Martinez, yourself, Josie

·1· Flores Clark --
·2· · · ·A.· ·Uh-huh.
·3· · · ·Q.· ·-- and Eddy Brikho.
·4· · · ·A.· ·Uh-huh.
·5· · · ·Q.· ·Okay.· Did you get a copy of this email?
·6· · · ·A.· ·I believe, best of my recollection, I got a ·7· copy of this, yes, of what you see here.
·8· · · ·Q.· ·Did you produce your copy of this email?
·9· · · ·A.· ·To the best of my recollection, I would have, 10· yes.
11· · · ·Q.· ·Now, if you turn the page.· And the one we 12· just looked at -- if you look at the next page -- just 13· make sure I've got this.
14· · · · · · No, that's fine.· We don't have to look at 15· that.
16· · · ·A.· ·Okay.
17· · · ·Q.· ·Let's look at the one after that one.· I see. 18· Okay.
19· · · · · · So is it correct that as Josie -- I'm sorry. 20· · · · · · Is it correct that, as your assistant received 21· these emails from the Brikhos, from time to time she 22· would forward them to you?
23· · · ·A.· ·I'm not a hundred percent sure, but that would 24· not be out of the ordinary.
25· · · ·Q.· ·Okay.· So did you produce all of the emails

·1· that the Brikhos sent Josie Flores Clark that were sent ·2· to you by her?· Did you produce all those?
·3· · · ·A.· ·To the best of my knowledge, everything that ·4· was sent to me I -- I produced it.
·5· · · ·Q.· ·If you wanted to see what was actually turned ·6· over in response to the PRAs in this case --
·7· · · ·A.· ·Uh-huh.
·8· · · ·Q.· ·-- from your files --
·9· · · ·A.· ·Uh-huh.
10· · · ·Q.· ·-- what would you do?
11· · · ·A.· ·What would I do?
12· · · ·Q.· ·Yes.
13· · · ·A.· ·I -- I could ask through our city clerk or 14· through our city attorney's office what was turned over. 15· · · ·Q.· ·Okay.· So -- so the city clerk -- and who in 16· the city clerk's office?
17· · · ·A.· ·Well, it would either be the city clerk or the 18· assistant city clerk and/or through the city attorney's 19· office.
20· · · ·Q.· ·Okay.· Let's mark as next in order, which will 21· be 12.
22· · · · · · (Exhibit 12 was marked for identification.) 23· BY MR. AGUIRRE:
24· · · ·Q.· ·Exhibit 12 is an email from Shelley Chapel. 25· That's the city clerk.· Correct?

·1· · · ·A.· ·Uh-huh.
·2· · · ·Q.· ·Yes?· You gotta say --
·3· · · ·A.· ·Yes.· Ms. Chapel, yes.
·4· · · ·Q.· ·It's to Josie Flores Clark and yourself, and ·5· it's related to PRA 25-92 records request.
·6· · · ·A.· ·Okay.
·7· · · ·Q.· ·Can you see that?
·8· · · ·A.· ·Okay.
·9· · · ·Q.· ·And it says, "We received the following PRA, 10· 25-92, requesting from Maria Severson."· And then it 11· goes on to describe -- let's see -- ten categories of 12· documents, and it indicates that the response is due by 13· February the 18th.· See that on the second page?
14· · · ·A.· ·Uh-huh.
15· · · ·Q.· ·On the first page -- I'm sorry.· First page on 16· the very top, is due by 2/18?
17· · · ·A.· ·Uh-huh.
18· · · ·Q.· ·Do you see that?
19· · · ·A.· ·I see that.
20· · · ·Q.· ·Okay.· What did you do in response to your 21· receipt after you received Exhibit 12?
22· · · ·A.· ·I say, this is one in a series of a number of 23· PRAs, but my assumption would be that I went ahead and 24· started forwarding it -- once again materials again. A 25· lot of it was repeat, and to forward those on over.

·1· · · · · · Now, the date that is due, that's a date that ·2· they tried to get it to the city clerk or the city
·3· attorney's office so they can start putting it together. ·4· It's not necessarily due to be sent out.· They're just ·5· trying to get a response back so they could put their ·6· materials together.
·7· · · ·Q.· ·And did you get a response back?
·8· · · ·A.· ·Did I get a response back?
·9· · · ·Q.· ·Did you get your response back by that date? 10· · · ·A.· ·I'm -- I would have to take a look.· I'm not 11· too sure if I did or not.· These things were coming in 12· kind of hot and heavy and trying to keep up with all of 13· them and actually get a day's work together was kind of 14· difficult.
15· · · ·Q.· ·And, again, those are good explanations.· So 16· you don't remember if you responded --
17· · · ·A.· ·I -- I can't give you a date on the exact date 18· that I responded to it.
19· · · · · · Now, this is on a different PA -- PRA than the 20· one that we're -- that this suit was about.· Correct? 21· · · ·Q.· ·I'm not really talking about what the suit's 22· about right now.· I'm talking about --
23· · · ·A.· ·Well, because the deposition was on the
24· lawsuit.· So I'm just going -- so do we have to -- are 25· we going to go through all 27 PRAs, is what my

·1· question -- even though my understanding of the lawsuit ·2· is based on the original PRA.
·3· · · ·Q.· ·The question, I think, is that this is covered ·4· by 688, and it's a effort to try to get a better
·5· response.
·6· · · ·A.· ·Uh-huh.
·7· · · ·Q.· ·Okay.· So there's -- but I'll just -- you ·8· don't remember having -- let me just ask you this
·9· question --
10· · · ·A.· ·I don't remember the specifics on -- on how I 11· responded to this one.· And if there had only been one 12· PRA, it's one thing, but having this many PRAs, I can't 13· tell you the specific dates or what the specific things 14· was, response to each one of them.
15· · · ·Q.· ·Okay.· But what you can tell us is whatever it 16· is that you gathered up is in a folder somewhere in your 17· office and --
18· · · ·A.· ·I believe it's a complete folder.· I tried to 19· keep complete records on it, yes.
20· · · ·Q.· ·The records that you provided are contained, 21· as best as you know, in a folder in your office called 22· what?
23· · · ·A.· ·It's just a folder that I got with -- says 24· "PRAs" I think.
25· · · ·Q.· ·Okay.· But is it a folder that says "PRAs" in

·1· specific reference to the PRAs in this case?
·2· · · ·A.· ·I can't tell you.· That's the main PRAs I've ·3· been dealing with lately, but...
·4· · · ·Q.· ·Let me see if I can help us.
·5· · · · · · What I'm trying to get at is, is to cover the ·6· possibility that what you produced was not actually what ·7· was delivered for a lot of different reasons --
·8· · · ·A.· ·Uh-huh.
·9· · · ·Q.· ·-- not nefarious necessarily.· So what I'm 10· trying to get to is, you kept your own copy of the
11· records you gathered that were responsive, as you
12· understood it, to 24-688 and to 25-92.· Correct?
13· · · ·A.· ·I believe I have complete copies of that. 14· · · ·Q.· ·Okay.· And I think -- okay.· And that's
15· that -- that folder is in your office?
16· · · ·A.· ·Should be.· I'm not too sure if it's a hundred 17· percent complete, but there should be -- a number of the 18· responses to PRAs were in there.
19· · · · · · MR. AGUIRRE:· Okay.· Let's take a short break, 20· and we might be done.
21· · · · · · MR. PATE:· Okay.
22· · · · · · (Recess, 11:31 AM to 11:45 AM.)
23· · · · · · MR. AGUIRRE:· Back on the record.· Sorry. 24· BY MR. AGUIRRE:
25· · · ·Q.· ·Okay.· So, Mayor, we want to show you

·1· something here --
·2· · · ·A.· ·Okay.
·3· · · ·Q.· ·-- if we can get your help.
·4· · · ·A.· ·Sure.
·5· · · ·Q.· ·It has to do with the phones.· Now, it looks ·6· like you've got a black phone in the hand there.
·7· · · ·A.· ·Uh-huh.
·8· · · ·Q.· ·And then -- and then -- then you switch over ·9· to a green phone.
10· · · ·A.· ·Uh-huh.
11· · · ·Q.· ·Is that true?· It's one green and one black? 12· · · ·A.· ·Yes.· Well, it's the covers, yeah.
13· · · ·Q.· ·And which is which?
14· · · ·A.· ·This -- the black one is the city phone.
15· · · ·Q.· ·Okay.· And the green is personal?
16· · · ·A.· ·Yeah.
17· · · ·Q.· ·Green color.· Okay.
18· · · · · · On your calendar, who keeps your calendar? 19· · · ·A.· ·Myself and my assistant.
20· · · ·Q.· ·And is that on Outlook?
21· · · ·A.· ·Yes.· I -- yes, yes.
22· · · ·Q.· ·Do you keep any calendar for -- other than 23· your official city calendar?
24· · · ·A.· ·The only thing is just if I need to block out 25· a time so I make sure I don't put an appointment in,

·1· I'll just block out something.
·2· · · ·Q.· ·And then just -- last clarification.
·3· · · · · · The folder that has what you found --
·4· · · ·A.· ·Well, some of it's on folders.· Some of it's ·5· in the mess on my desk, and I've got kind of -- to make ·6· sure I get it all assembled, but I believe I have a ·7· fairly complete copy.
·8· · · ·Q.· ·Okay.· Let me make sure I get a good question ·9· then.
10· · · · · · So the -- what you produced in response to 11· specifically 688 and 92 you have in a folder somewhere 12· in your office?
13· · · ·A.· ·I believe so.
14· · · ·Q.· ·Is that true?
15· · · ·A.· ·You're saying -- you're saying those numbers, 16· and there's a -- got a lot of those numbers lately. 17· · · ·Q.· ·Did you forward that information then in hard 18· copy or electronically or both?
19· · · ·A.· ·Both.
20· · · ·Q.· ·Okay.· And that was what you sent to the city 21· clerk?
22· · · ·A.· ·Correct.
23· · · ·Q.· ·Did you send something different to the city 24· attorney?
25· · · ·A.· ·Never -- to the best of my knowledge, never

·1· anything different.
·2· · · ·Q.· ·Okay.· In other words, you copied -- you might ·3· have copied the city attorney on what you sent to the ·4· city clerk?
·5· · · ·A.· ·Right.
·6· · · ·Q.· ·Now, you know, just a housekeeping thing. ·7· It's no big deal, but, as you probably know, we had ·8· Josie's deposition scheduled for -- Josie Flores Clark's ·9· deposition was scheduled -- did you know that? --
10· before?
11· · · ·A.· ·Yes.
12· · · ·Q.· ·And then she had to cancel it?
13· · · ·A.· ·Yes.
14· · · ·Q.· ·Now, we had reports that she was actually, you 15· know, not what was represented to us as.· Do you know 16· where she was yesterday?
17· · · ·A.· ·Yes.
18· · · ·Q.· ·Where?
19· · · ·A.· ·She was at her -- she was dropping off her 20· husband.· He was having surgery, and she was also at 21· some meetings.· And she was picking him up and taking 22· care of him.
23· · · · · · MR. AGUIRRE:· Okay.· Fair.· All right.· That's 24· all, Counsel.· Thank you very much for your courtesy. 25· Much appreciated.· Okay?

·1· · · · · · MR. PATE:· Thank you, Mr. Aguirre.
·2· · · · · · We have a standard stip in place, I would ·3· assume, or per Code?· All right.· We'll figure it out. ·4· · · · · · MR. AGUIRRE:· It's per Code anyway.· I don't ·5· think you can change it anyway.· I think everything's ·6· gotta be Code now.· Right, deposition officer?
·7· · · · · · MR. PATE:· Well, my question is if you want it ·8· electronically sent directly to the witness, which is ·9· the new method or you --
10· · · · · · MR. AGUIRRE:· That's fine.· We'll do it the 11· new way.· We'll do it your way.· Okay.· That sounds 12· good.
13· · · · · · MR. PATE:· All right.
14· · · · · · THE REPORTER:· Mr. Pate, do you need to order 15· a copy?
16· · · · · · MR. PATE:· Yes, please.
17· · · · · · (The deposition concluded at 11:49 AM.)
18 19
20 21
22 23
24 25

·1· · · · · · I, the undersigned, a Certified Shorthand ·2· Reporter of the State of California, do hereby certify:
·3· · · · · · That the foregoing proceedings were taken ·4· before me at the time and place herein set forth; that ·5· any witnesses in the foregoing proceedings, prior to ·6· testifying, were duly sworn; that a record of the
·7· proceedings was made by me using machine shorthand, ·8· which was thereafter transcribed by me; that the
·9· foregoing is a true record of the testimony given.
10· · · · · · Further, that if the foregoing pertains to the 11· original transcript of a deposition in a federal case, 12· before completion of the proceedings, review of the 13· transcript [ X ] was [ ] was not requested.
14· · · · · · I further certify I am neither financially 15· interested in the action nor a relative or employee of 16· any attorney or party to this action.
17· · · · · · In witness whereof, I have this date
18· subscribed my name.
19 20· · · · · · Dated:· June 4, 2025
21 22
23· · · · · · ____
· · · · · · · Veronica S. Thompson
24· · · · · · California CSR 6056, RPR, CRR, CCRR
25

·1· · · · · · ·DECLARATION UNDER PENALTY OF PERJURY
·2· ·Case Name: Polanco
· · · · · · vs. The City of National City
·3· ·Date of Deposition: 05/28/2025
·4· ·Job No.: 10164479
·5
·6· · · · · · · · ·I, RONALD MORRISON, hereby certify
·7· ·under penalty of perjury under the laws of the State of ·8· ·________________ that the foregoing is true and correct. ·9· · · · · · · · ·Executed this ______ day of
10· ·__________________, 2025, at ____________________. 11 12
13· · · · · · · · · · · · ·_________________________________ 14· · · · · · · · · · · · · · · ·RONALD MORRISON
15 16· ·NOTARIZATION (If Required)
17· ·State of ________________
18· ·County of _______________
19· ·Subscribed and sworn to (or affirmed) before me on 20· ·this _____ day of ____________, 20__,
21· ·by________________________,· · proved to me on the 22· ·basis of satisfactory evidence to be the person
23· ·who appeared before me.
24· ·Signature: ______________________________ (Seal)
25

·1· ·DEPOSITION ERRATA SHEET
· · ·Case Name: Polanco
·2· · · · · vs. The City of National City
· · ·Name of Witness: Ronald Morrison
·3· ·Date of Deposition: 05/28/2025
· · ·Job No.: 10164479
·4· ·Reason Codes:· 1. To clarify the record.
· · · · · · · · · · 2. To conform to the facts.
·5· · · · · · · · · 3. To correct transcription errors. ·6· ·Page _____ Line ______ Reason ______
·7· ·From _______________________ to ________________________ ·8· ·Page _____ Line ______ Reason ______
·9· ·From _______________________ to ________________________ 10· ·Page _____ Line ______ Reason ______
11· ·From _______________________ to ________________________ 12· ·Page _____ Line ______ Reason ______
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25· ·From _______________________ to ________________________

·1· ·DEPOSITION ERRATA SHEET
·2· ·Page _____ Line ______ Reason ______
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19· ·From _______________________ to ________________________ 20· ·Page _____ Line ______ Reason ______
21· ·From _______________________ to ________________________ 22· ·_______ Subject to the above changes, I certify that the · · · · · · ·transcript is true and correct
23· ·_______ No changes have been made. I certify that the · · · · · · ·transcript· is true and correct.
24 · · · · · · · · · ·_____________________________________ 25· · · · · · · · · · · · · RONALD MORRISON

·1· · · · · · ·DECLARATION UNDER PENALTY OF PERJURY
·2· ·Case Name: Polanco
· · · · · · vs. The City of National City
·3· ·Date of Deposition: 05/28/2025
·4· ·Job No.: 10164479
·5
·6· · · · · · · · ·I, RONALD MORRISON, hereby certify
·7· ·under penalty of perjury under the laws of the State of ·8· ·________________ that the foregoing is true and correct. ·9· · · · · · · · ·Executed this ______ day of
10· ·__________________, 2025, at ____________________. 11 12
13· · · · · · · · · · · · ·_________________________________ 14· · · · · · · · · · · · · · · ·RONALD MORRISON
15 16· ·NOTARIZATION (If Required)
17· ·State of ________________
18· ·County of _______________
19· ·Subscribed and sworn to (or affirmed) before me on 20· ·this _____ day of ____________, 20__,
21· ·by________________________,· · proved to me on the 22· ·basis of satisfactory evidence to be the person
23· ·who appeared before me.
24· ·Signature: ______________________________ (Seal)
25 ·1· ·DEPOSITION ERRATA SHEET
· · ·Case Name: Polanco
·2· · · · · vs. The City of National City
· · ·Name of Witness: Ronald Morrison
·3· ·Date of Deposition: 05/28/2025
· · ·Job No.: 10164479
·4· ·Reason Codes:· 1. To clarify the record.
· · · · · · · · · · 2. To conform to the facts.
·5· · · · · · · · · 3. To correct transcription errors. ·6· ·Page _____ Line ______ Reason ______
·7· ·From _______________________ to ________________________ ·8· ·Page _____ Line ______ Reason ______
·9· ·From _______________________ to ________________________ 10· ·Page _____ Line ______ Reason ______
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25· ·From _______________________ to ________________________ ·1· ·DEPOSITION ERRATA SHEET
·2· ·Page _____ Line ______ Reason ______
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19· ·From _______________________ to ________________________ 20· ·Page _____ Line ______ Reason ______
21· ·From _______________________ to ________________________ 22· ·_______ Subject to the above changes, I certify that the · · · · · · ·transcript is true and correct
23· ·_______ No changes have been made. I certify that the · · · · · · ·transcript· is true and correct.
24 · · · · · · · · · ·_____________________________________ 25· · · · · · · · · · · · · RONALD MORRISON