DocuSign Envelope ID: 29BBFD18-FBB3-40E8-9461-329DE827001E

May 25, 2018

Phillip Scollick, City Clerk

1 Civic Center Drive,
San Marcos CA 92069 

City of San Marcos, CA
Notice of Voting and Receipt of Funds Violation Against Mayor
Jim Desmond

I write to serve a notice of a voting and receipt of funds violation
has occurred, as defined by Sections 2.16.070 and 2.16.030 of the
City of San Marcos Municipal Code, as elsewhere defined therein
Chapter 2.16 of the City of San Marcos Municipal Code, and as
statutory and judicially defined by the laws of the State of
California. Not only is there an enforceable limit on the amount
which may be contributed to political campaigns, for the purpose
of preventing potential improper or undue influence over elected
officials by campaign contributions, but no City of San Marcos
councilmember shall make, participate in making, or attempt to
influence any government decision or action within 12 months of
receiving those funds.
•

A donation from David Hammer, working with Hunsaker &
Associates on the Brookfield MU-4 development project, made
a donation of $250 on 12/4/2017 to Jim Desmond’s Campaign
for County Board of Supervisors. Hunsaker & Associates
prepared the tentative map. The vote for Brookfield MU-4 was
by City Council on 1/9/2018, with Mayor Jim Desmond
participating. This is a Section 2.16.070 violation.

•

Donations from Eric Armstrong, working with Fuscoe
Engineering on the Brookfield MU-4 project, made donations
of $250 on 10/5/2017 and $150 on 11/9/2017 to Mayor Jim

 DocuSign Envelope ID: 29BBFD18-FBB3-40E8-9461-329DE827001E

Desmond’s campaign for County Board of Supervisors. This is
a Section 2.16.030(b) violation.
•

Donation of $800 from Farouk Kubba of Vista San Marcos
LLC (property owner of San Marcos Highlands project) on
6/6/2017 to Jim Desmond for Supervisor 2018 campaign. The
vote for San Marcos Highlands was 11/15/2016. This is a
Section 2.16.030 violation.

•

In addition to these violations, there were several others that
have exceeded the filing limitation, though pointing to a history
of undue influence of contributions from those benefiting from
votes being made by the Mayor.


William Everett, Environmental Consultant on San
Marcos Highlands, donated $250 to Jim Desmond for
Supervisor on 5/7/2017. Vote was on 11/15/2016



Robert Dentino, Excel Engineering, contributed $550 to
Jim Desmond for Supervisor on 5/16/2017. Worked on
San Marcos Highlands which was voted on 11/15/16.



Michael Levin, Excel Engineering, contributed $550 to
Jim Desmond for Supervisor on 5/17/2017. Worked on
San Marcos Highlands, which was voted on 11/15/16.

We respectfully request the City Clerk to look into the matter, in
accordance with Section 2.16.080 of the City of San Marcos
Municipal Code. The City Attorney should open a full
investigation to review these violations and any enforceable action,
without limitation. The responsibilities of governance set forth and
as established by the constitutional laws of the State of California,
is a municipal affair or concern to our resident community.
We ask you to look in to the matter with urgency and importance.
Respectfully

5/29/2018 12:33:54 PM PDT

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