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City of Irvine City Council Great Park Audit in Re

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City of Irvine City Council Great Park Audit in Re CITY OF IRVINE CITY COUNCIL GREAT PARK AUDIT IN RE: ) ) ORANGE COUNTY ) GREAT PARK CORPORATION. ) ) ) ______________________________) DEPOSITION OF SUKHEE KANG Date and Time: Wednesday, February 18, 2015 9:58 a.m. - 1:12 p.m. Location: 18881 Von Karman Avenue Suite 1700 Irvine, California Reporter: Erika Kotteakos, RPR, CSR Certificate No. 9698 Job No. 5344 1 CITY OF IRVINE CITY COUNCIL 2 GREAT PARK AUDIT 3 4 5 6 IN RE: ) ) 7 ORANGE COUNTY ) GREAT PARK CORPORATION. ) 8 ) ) 9 ______________________________) 10 11 12 13 14 15 16 17 18 19 20 Deposition of SUKHEE KANG, taken before Erika 21 Kotteakos, RPR, CSR, a Certified Shorthand Reporter for 22 the State of California, with principal office in the 23 County of Orange, commencing at 9:58 a.m., on Wednesday, 24 February 18, 2015, at 18881 Von Karman Avenue, 25 Suite 1700, Irvine, California. 2 ELITE COURT REPORTING (949) 829-9222 1 APPEARANCES: 2 For City of Irvine City Council: 3 ALESHIRE & WYNDER, LLP BY: ANTHONY R. TAYLOR, ESQ. 4 18881 Von Karman Avenue Suite 1700 5 Irvine, California 92612 (949) 223-1170 6 7 For the Witness: 8 SCHIFFER|BUSS, APC BY: WILLIAM L. BUUS, ESQ. 9 3070 Bristol Street Suite 530 10 Costa Mesa, California 92626 (949) 825-6140 11 -and- 12 MKC LAW GROUP 13 BY: MIN K. CHAI, ESQ. 20101 S.W. Birch Street 14 Suite 210 Newport Beach, California 92660 15 (949) 514-8652 16 17 18 19 20 21 22 23 24 25 3 ELITE COURT REPORTING (949) 829-9222 1 I N D E X 2 EXAMINATION BY: PAGE 3 MR. TAYLOR 6 4 5 6 E X H I B I T S 7 EXHIBIT NO. PAGE 8 1 - Pages 14 and 15 of the Schematic Design 25 Contract (2 pages) 9 2 - Pages 1 and 2 of a letter dated 5/14/08 to 26 10 Stu Mollrich from Gafcon (GAFCONGP0035815 and GAFCONGP0035816) 11 3 - Invoice dated 3/16/10 to Stu Mollrich from 27 12 Gafcon (GAFCONGP0023343) 13 4 - E-mail string, latest dated 5/13/08 to Laura 31 Pili from Josh Sebert (GAFCONGP0035814) 14 5 - Page 30 of the Schematic Design Contract 36 15 (1 pages) 16 6 - E-mail string, latest dated 8/25/08 to Josh 38 Sebert from Dennis Walters (GAFCONGP0035519) 17 7 - Change Order No. 35, with attached Exhibit H 41 18 (5 pages) 19 8 - Agreement Concerning Close-Out of Schematic 52 Design Contract (9 pages) 20 9 - Collection of e-mails and attachments, the 69 21 first of which is an e-mail string, latest dated 4/8/11 to Craig Reem and Sukhee Kang 22 from Stu Mollrich (37 pages) 23 10 - Excerpt taken from the city's video system 109 for a meeting on January 25th, 2007 (1 page) 24 25 4 ELITE COURT REPORTING (949) 829-9222 1 I N D E X (Cont.) 2 3 E X H I B I T S 4 EXHIBIT NO. PAGE 5 11 - E-mail string, latest dated 7/24/06 to Subia 110 Aleem from Pamela Shaffer (GAFCONGP0032264 to 6 GAFCONGP0032266) 7 12 - E-mail string, latest dated 6/20/08 to Theresa 112 Hancock from Corbet Belcher (GAFCONGP0020027 8 and GAFCONGP0020028) 9 10 11 12 QUESTIONS WITNESS INSTRUCTED NOT TO ANSWER 13 PAGE LINE 14 76 14 15 16 17 18 19 20 21 22 23 24 25 5 ELITE COURT REPORTING (949) 829-9222 1 IRVINE, CALIFORNIA; 2 WEDNESDAY, FEBRUARY 18, 2015; 9:58 A.M. 3 4 SUKHEE KANG, 5 called as a witness and having been first duly sworn by 6 the Certified Shorthand Reporter, was examined and 7 testified as follows: 8 THE REPORTER: Do you solemnly swear that the 9 testimony you're about to give in the cause now pending 10 shall be the truth, the whole truth, and nothing but the 11 truth, so help you God? 12 THE WITNESS: I do. 13 14 EXAMINATION 15 BY MR. TAYLOR: 16 Q Good morning, Mr. Kang. My name is Anthony 17 Taylor. I'm special counsel for the City of Irvine 18 Great Park Audit. 19 How are you doing this morning? 20 A Fine, sir. 21 Q I see that you're here with two attorneys. I 22 was going to give your attorneys the opportunity to 23 introduce themselves, and then I was going to ask you, 24 after that, to state and spell your full name. 25 But why don't we go ahead and have your 6 ELITE COURT REPORTING (949) 829-9222 1 attorneys introduce themselves, just so we have a 2 record. 3 MR. BUUS: I'm William Buus on behalf of 4 Mayor Kang, and sitting next to me is Min Chai, 5 co-counsel. 6 MR. TAYLOR: Thank you. 7 BY MR. TAYLOR: 8 Q And Mr. Kang, can you please state and spell 9 your full name for the record. 10 A Sure. Sukhee, S-u-k-h-e-e, Kang, K-a-n-g. 11 Q Thank you. 12 Have you ever had your deposition taken 13 before? 14 A I have done once. 15 Q What type of case was that? 16 A I don't remember, but it was about seven or 17 eight years ago. 18 Q Did it involve the City of Irvine? 19 A No. 20 Q Did it involve a personal matter or a business 21 matter? 22 A I'm not sure. 23 Q Let me just take a brief moment and explain, 24 as I have done in the other depositions that have been 25 conducted for the Great Park Audit, the legislative 7 ELITE COURT REPORTING (949) 829-9222 1 subpoena process under the Government Code. 2 You've come here voluntarily in response to a 3 letter. I asked for some additional information and the 4 opportunity to speak with you. 5 A Yes. 6 Q And you were very cooperative. Your attorney 7 contacted my office and we arranged for today's 8 deposition. 9 There are some formalities we have to go 10 through in the deposition process. One of the most 11 important things is that only one of us can speak at a 12 time. 13 There will be times where you may know the 14 answer to my question before I finish the question. The 15 request I have of you is to please pause and allow me to 16 finish my question. 17 There may be times where your attorney or 18 attorneys may object to various questions that I have. 19 Please pause to allow them to assert those objections. 20 A Thank you. 21 Q At the end of this deposition process, you 22 will be provided with a deposition booklet. That 23 booklet will contain all of your testimony from today's 24 deposition. 25 You will be afforded the opportunity to make 8 ELITE COURT REPORTING (949) 829-9222 1 changes. You may have seen already on the Great Park 2 deposition public records disclosure that the city has 3 done, there are changes posted to various depositions. 4 We have allowed people to make changes. 5 The only words of caution I give is if you 6 make a change that's material, that is something that 7 could be commented on in the audit. For example, if you 8 testified "yes" to an answer and then you changed it to 9 a "no," that's something that could potentially be 10 commented on in the audit. 11 If we were in a more formal setting, such as 12 litigation, you would receive an instruction from an 13 attorney like myself that that could be used against 14 your credibility in court, but that's not the process 15 we're in here. So that's staying consistent with that 16 formality. 17 Does that make sense to you? 18 A Yes. 19 Q Now, all the depositions, as you've probably 20 seen, they are treated as public documents under the 21 California Public Records Act. So the city has elected 22 to post the documents on its Web site, which is one 23 manner of complying with the California Public Records 24 Act. 25 So I do want to let you know and make you 9 ELITE COURT REPORTING (949) 829-9222 1 aware that the testimony today is considered part of a 2 public proceeding. 3 Do you understand that? 4 A Yes. 5 Q Are there any documents you reviewed in 6 preparation for your deposition today? 7 A No. 8 Q Have you reviewed any of the deposition 9 transcripts that have previously been posted for the 10 Great Park Audit? 11 A A couple. But not in full length, just 12 section by section, yes. 13 Q And which of those transcripts did you review? 14 A I reviewed the -- the last one, which is -- 15 Q Stu Mollrich? 16 A Stu Mollrich. And I reviewed previously 17 the -- the CEO of the Great Park, Mike Ellzey. 18 Q Any other transcripts? 19 A No. 20 Q Was there any statements in particular that 21 stood out in your mind by either Stu Mollrich or Mike 22 Ellzey as being something that surprised you or 23 concerned you? 24 A No. 25 Q Besides your attorneys, did you speak with 10 ELITE COURT REPORTING (949) 829-9222 1 anyone else in preparation for your deposition today? 2 A No. 3 Q I did look at your background, at least in 4 terms of what's available publicly on the Internet, in 5 preparation for your -- your deposition today.
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