2024-10-11 Exh B Transcript 1250 OCEANSIDE LLC (PL-BOA-2024-000104 & 105)

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particularly in answering the questions within his purview, he does not have discretion to rule on matters that are beyond his scope of authority or beyond his jurisdiction. The Director's declaratory rulings before you, present careful and proper responses to the requests that fall within his scope and authority and jurisdiction. Today, it's quite likely that the appellant, 1250 Oceanside and/or the intervenor will attempt to have this Board consider materials that are well beyond the basis or the narrow nature of the appeals. It's quite likely that 1250 and/or Oceanside or excuse me, 1250 Oceanside and/or the intervenor may ask questions of the witnesses relating to matters, again that are beyond the scope of these appeals. What is before this Board is whether the Director, in issuing the declaratory orders, abused his discretion, clearly erred, or violated the law. The answer is no, and we respectfully request that this Board affirm the rulings. Thank you very much for your attention today. LEWIS: Thank you very much. Okay, we'll move on to the presentation of the case and your first witness and— SIMON: Good morning, Chair. Our first witness is Michael Vitousek, the client representative for 1250 Oceanside LLC. LEWIS: Thank you. SURPRENANT: Mr. Simon,just so you know, we might need for you speak a little bit closer into the mic—yeah or either of you who is speaking and you—can borrow one of the wireless—okay, you just have to be close. Thanks. WESLEY-SMITH: Here you go, Mike. Thanks—and you might want to grab one of the exhibit sets from up there and there's also a copy for each Board member if they'd like to follow along. WAN: Just one of them—so Deputy Corporation Counsel Sylvia Wan—so at this point in time I'll just note the appellant's request for the Board to consider it's exhibits filed in case PL-BOA- 2024-000104 as it's exhibits. SIMON: Let me try to be a little more clear. WAN: Sure, please. SIMON: When we filed these two appeals, they were separate and there were slightly different exhibits for both appeals and they had different exhibit numbering, and it makes it a little confusing. The other parties have not done that, but I think the most efficient way to go about this we would propose is referencing the exhibits in PL-BOA-2024-000104. They're all also in the record of PL-BOA-2024-000105 and we can provide some kind of filing with the Board post hearing,just indicating where the exhibits are in the appeal number PL-BOA-2024-000105. Yeah, just a little chart—something for clarity, you know make sure that the Board has a clean record. Thank you. BAILEY: May I interrupt for just a moment. In the stipulation that was just accepted by this Board, it states that to ensure a clear record, the parties shall make reference to the specifics of the appellee's orders by case number during the consolidated presentation. The County would assert EXHIBIT B Page 8