Attachment "4"
B-4
connection with investigating any such claim against it and defending any such action, insofar as and solely to the extent such losses, claims, damages, liabilities or actions, or legal or other expenses, arise out of or are based upon any untrue statement or alleged untrue statement of a material fact or the omission or alleged omission of a material fact by the Developer in the above-referenced information in the Preliminary Official Statement, as of its date, necessary to make the statements made by the Developer contained therein, in light of the circumstances under which they were made not misleading. This indemnity provision shall not be construed as a limitation on any other liability which the Developer may otherwise have to any Indemnified Party, provided that in no event shall the Developer be obligated for double indemnification, or for the negligence or willful misconduct of an Indemnified Party.
If any suit, action, proceeding (including any governmental or regulatory investigation), claim or d emand shall be brought or asserted against any Indemnified Party in respect of which indemnification may be sought pursuant to the above paragraph, such Indemnified Party shall promptly notify the Developer in writing; provided that the failure to notify the Developer shall not relieve it from any liability that it may have hereunder except to the extent that it has been prejudiced by such failure; and provided, further, that the failure to notify the Developer shall not relieve it from any liability that it may have to an Indemnified Party otherwise than under the above paragraph unless such liability was also conditioned upon such notice. If any such proceeding shall be brought or asserted against an Indemnified Party and it shall have notified the Developer thereof, the Developer shall retain counsel reasonably satisfactory to the Indemnified Party and approved thereby to represent the Indemnified Party in such proceeding and shall pay the fees and expenses of such counsel related to such proceeding, as incurred. In any such proceeding, any Indemnified Party shall have the right to retain its own counsel, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party unless (i) the Developer and the Indemnified Party shall hav e mutually agreed to the contrary; (ii) the Developer has failed within a reasonable time to retain counsel reasonably satisfactory to the Indemnified Party; (iii) the Indemnified Party shall have reasonably concluded that there may be legal defenses avail able to it that are different from or in addition to those available to the Developer such that a material conflict of interest exists for such counsel; or (iv) the named parties in any such proceeding (including any impleaded parties) include the Develope r and the Indemnified Party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them. It is understood and agreed that the Developer shall not, in connection with any proceedin g or related proceedings in the same jurisdiction, be liable for the fees and expenses of more than one separate firm (in addition to any local counsel) for all Indemnified Parties, and that all such fees and expenses, to the extent reasonable, shall be pa id or reimbursed as they are incurred. Any such separate firm shall be designated in writing by such Indemnified Parties. The Developer shall not be liable for any settlement of any proceeding effected without its written consent, but if settled with such consent or if there be a final judgment for the plaintiff, the Developer agrees, subject to the exceptions set forth hereinabove, to indemnify each Indemnified Party from and against any loss or liability by reason of such settlement or judgment. If the Developer shall, after receiving written notice of the indemnification obligation of the Developer and within a period of time necessary to preserve any and all defenses to any claim asserted, fails to assume the defense or to retain counsel for that purpose satisfactory to the Indemnified Party, the Indemnified Party shall have the right, but not the obligation, to undertake the defense of, and to compromise or settle the claim or other matter on behalf of, for the account of and at the risk of, the Develope r. The Developer shall not, without the written consent of the Indemnified Party, effect any settlement of any pending or threatened proceeding in respect of which any Indemnified Party is a party and indemnification 194
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could have been sought hereunder by such Indemnified Party, unless such settlement (x) includes an unconditional release of such Indemnified Party, in form and substance reasonably satisfactory to such Indemnified Party, from all liability on claims that a re the subject matter of such proceeding and (y) does not include any statement as to or any admission of fault, culpability or a failure to act by or on behalf of any Indemnified Party.
11. If between the date hereof and the Closing Date any event relating t o or affecting the Developer, its Affiliates, or the Property (including, without limitation, the development of the Property and the ownership of the Property)shall occur of which the undersigned has actual knowledge which would cause the information unde r the sections of the Preliminary Official Statement indicated in Paragraph 4 hereof, to contain an untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Developer shall notify the City, the Community Facilities District and the Underwriter and if in the opinion of counsel to the City or the Underwriter such event requires the preparation and publication of a suppleme nt or amendment to the Preliminary Official Statement, the Developer shall reasonably cooperate with the City and the Community Facilities District in the preparation of an amendment or supplement to the Preliminary Official Statement in form and substance satisfactory to counsel to the City, the Community Facilities District and to the Underwriter.
12. The Developer agrees to deliver a Closing Certificate dated the date of issuance of the Bonds at the time of issuance of the Bonds in substantially the form at tached as Exhibit C to the Bond Purchase Agreement. If any event related to or affecting the Developer, its Affiliates, or the ownership, development, or sale of the Property occurs, as a result of which it is necessary to modify the Closing Certificate, the Developer agrees to deliver a new Closing Certificate revised to reflect such event.
13. On behalf of the Developer, I have reviewed the contents of this Letter of Representations and have had the opportunity to discuss with counsel to the Developer the meaning of the contents of this Letter of Representations. The Developer acknowledges and understands that a variety of state and federal securities laws, including, but not limited to the Securities Act of 1933, as amended, and Rule 10b -5 promulgated under the Securities Exchange Act of 1934, as amended, may apply to the Developer and that under some circumstances, certification as to the matters set forth in this Letter of Representations, without additional disclosures or other action, may not fully discha rge all duties and obligations of the Developer under such securities laws.
[Remainder of Page Intentionally Left Blank; Signature Page Follows] 195
Item5.
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The undersigned has executed this Letter of Representations solely in his or her capacity as an authorized officer or representative of the Developer and he or she will have no personal liability arising from or relating to this Letter of Representations. Any liability arising from or relating to this Letter of Representations may only be asserted against the Developer.
CWC ESCONDIDO 113, LLC,
a Delaware limited liability company
By:
Name:
Title:
[EXECUTION PAGE OF LETTER OF REPRESENTATIONS OF
CWC ESCONDIDO 113, LLC]
196
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EXHIBIT A
To
DEVELOPER LETTER OF REPRESENTATIONS
DEVELOPER PROVIDED INFORMATION IN APPRAISAL REPORT
See attached.
B-2
197
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C-1
EXHIBIT C
FORM OF CLOSING CERTIFICATE
$[PAR]
COMMUNITY FACILITIES DISTRICT NO. 2022-1 OF THE
CITY OF ESCONDIDO (ECLIPSE/MOUNTAIN HOUSE)
SPECIAL TAX BONDS, SERIES 2024
CLOSING CERTIFICATE OF
CWC ESCONDIDO 113, LLC
[Closing Date]
Community Facilities District No. 2022-1
of the City of Escondido (Eclipse/Mountain House)
201 North Broadway
Escondido, California 92025
Attn: City Manager
Stifel, Nicolaus & Company, Incorporated
2121 Avenue of the Stars, Suite 2150
Los Angeles, California 90067
Ladies and Gentlemen:
Reference is made to the above-captioned bonds (the “Bonds”) and to the Bond Purchase Agreement, dated [Pricing Date] (the “ Bond Purchase Agreement ”), entered into in connection therewith. This Closing Certif icate of CWC Escondido 113, LLC (the “ Closing Certificate ”) is delivered pursuant to Section 3(F)(17) of the Bond Purchase Agreement. Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Letter of Representation s of CWC Escondido 113, LLC (the “ Letter of Representations ”), dated [POS Date], delivered by CWC Escondido 113, LLC, a Delaware limited liability company (the “Developer”).
The undersigned certifies that he or she is familiar with the facts herein certified and is authorized and qualified to certify the same as an authorized officer or representative of the Developer, and the undersigned, on behalf of the Developer, further certifies as follows:
1. The Developer has received the final Official Statement dated [Pricing Date] relating to the Bonds (the “Official Statement”). To the Actual Knowledge of the Undersigned, each statement, representation and warranty made in the Letter of Representations is true and correct in all material respects on and as of the date hereof with the same effect as if made on the date hereof, except that all references therein to the Preliminary Official Statement shall be deemed to be references to the Official Statement.
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2. To the Actual Knowledge of the Undersigned, no event has occurred since the date of the Preliminary Official Statement affecting the statements and information described in Paragraph 4 of the Le tter of Representations (and subject to the limitations and exclusions contained in Paragraph 4 of the Letter of Representations) relating to the Developer, its Affiliates, or the Property (including, without limitation, the development of the Property a nd the ownership of the Property), which should be disclosed in the Official Statement for the purposes for which it is to be used in order to make such statements and information contained in the Official Statement not misleading in any material respect.
3. For the period through 25 days after the “ End of the Underwriting Period ” as defined in the Bond Purchase Agreement (provided the Developer may assume the End of the Underwriting Period is the Closing Date (as defined in the Bond Purchase Agreement), unle ss it receives written notice from the Underwriter that the End of the Underwriting Period is later than the Closing Date), if any event relating to or affecting the Developer, its Affiliates, or the Property (including, without limitation, the development of the Property and the ownership of the Property) shall occur as a result of which it is necessary, in the opinion of the Underwriter or counsel to the City or the Community Facilities District, to amend or supplement the Official Statement in order to make the information under the sections of the Official Statement indicated in Paragraph 4 of the Letter of Representations not misleading in the light of the circumstances under which they were made, the Developer shall reasonably cooperate with the City, the Community Facilities District and the Underwriter in the preparation and publication of a supplement or amendment to the information under the sections of the Official Statement indicated in Paragraph 4 of the Letter of Representations, in form and sub stance satisfactory to the Underwriter and counsel to the City and the Community Facilities District which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact n ecessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.
[Remainder of Page Intentionally Left Blank; Signature Page Follows] 199
Item5.
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C-3
The undersigned has executed this Closing Certificate solely in his or her capacity as an authorized officer or representative of the Developer and he or she will have no personal liability arising from or relating to this Closing Certificate. Any liabilit y arising from or relating to this Closing Certificate may only be asserted against the Developer.
CWC ESCONDIDO 113, LLC,
a Delaware limited liability company
By:
Name:
Title:
[EXECUTION PAGE OF CLOSING CERTIFICATE OF
CWC ESCONDIDO 113, LLC]
200
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D-1
EXHIBIT D
FORM OF OPINION OF THE ISSUER’S COUNSEL
[Closing Date]
Community Facilities District No. 2022-1 of the
City of Escondido (Eclipse/Mountain House)
Escondido, California
Stifel, Nicolaus & Company, Incorporated
Los Angeles, California
The Bank of New York Mellon Company, N.A.,
as Trustee
Los Angeles, California
ISSUER’S COUNSEL OPINION
Re: $[PAR] Community Facilities District No. 2022-1 of the City of Escondido (Eclipse/Mountain House) Special Tax Bonds, Series 2024
Ladies and Gentlemen:
I am the City Attorney of the City of Escondido (the “City”), and in such capacity I have acted as issuer’s counsel (“Issuer’s Counsel”) Community Facilities District No. 2022 -1 of the City of Escondido (Eclipse/Mountain House) (the “Community Facilities District”) in connection with the issuance of the above -referenced bonds (the “Bonds”). In such capacity, I have been asked to render this opinion in connection with Section 3(F)(8) of that certain Bond Purchase Agreement, dated [Pricing Date] (the “Bond Pu rchase Agreement”), by and between Stifel, Nicolaus & Company, Incorporated, as underwriter, and the Community Facilities District, relating to the Bonds. All capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Bond Purchase Agreement.
In rendering this opinion, I have examined and relied upon originals or copies of the following upon which, with your permission, I am relying, without further inquiry or investigation (although I advise you that I have no actual knowledge to the contrary of any matters related thereto):
(i) the Community Facilities District Resolution of Issuance, (ii) the Formation Documents, including Resolution No. 2022-02, Resolution No. 2022-08, Resolution No. 2022-10, Resolution No. 2022-11, Resolution No. 2022-12, Ordinance No. 2022-03, (iii) the Community Facilities District Documents, and (iv) the Official Statement, relating to the Bonds, and I have made such other investigations of law and facts as I have deemed necessary to render the following opinions.
The opinions expressed herein are based on an analysis of existing statutes, regulations, rulings and court decisions and cover certain matters not directly addressed by such authorities. Such opinions may be affected by actions taken or omitted or events occurring after the date hereof. I have not undertaken to determine, or to inform any person, whether any such actions or events are taken or do occur.
201
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In our examination, I have assumed, without independent investigation, the authenticity of all documents submitted to us as originals, of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such latter documents and the accuracy of the statements and representations contained in such documents. In addition, I have assumed the authority of and due execution by each of the parties to the documents other than the City and the Community Facilities District.
Based on the foregoing, I hereby advise you that, as of the date hereof, I am of the opinion that:
(i) the City is a municipal corporation and general law city, duly organized and existing under the Constitution and the laws of the State of California;
(ii) the Community Facilities District is duly organized and validly existing as a community facilities district under and by virtue of the Constitution and laws of the State of California (including the Community Facilities District Act);
(iii) the Community Facilities District Resolution of Issuance and the Formation Documents have been duly adopted at meetings of the City Council of the City, which were called and held pursuant to law and with all public notice required by law and at which a qu orum was present and acting throughout, and the Community Facilities District Resolution of Issuance and the Formation Documents are in full force and effect and have not been modified, amended, rescinded or repealed since the respective dates of their adoption;
(iv) the Community Facilities District Documents and the Official Statement have been duly authorized, executed and delivered by the Community Facilities District and constitute the legal, valid and binding obligations of the Community Facilities Distri ct enforceable against the Community Facilities District in accordance with their terms, subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights, to the application of equitable principles where equi table remedies are sought and to the exercise of judicial discretion in appropriate cases or seeks to restrain or to enjoin the development of property within the Community Facilities District;
(v) except as may be stated in the Official Statement, to the bes t of my knowledge, there is no action, suit, proceeding or investigation before or by any court, public board or body pending (notice of which has been served on the City or the Community Facilities District) or threatened wherein an unfavorable decision, ruling or finding would: (a) affect the creation, organization, existence or powers of the City or the Community Facilities District, or the titles of their members and officers to their respective offices; or (b) affect the validity of the Community Facil ities District Documents or restrain or enjoin the repayment of the Bonds or in any way contest or affect the validity of the Community Facilities District Documents or contest the authority of the Community Facilities District to enter into or perform its obligations under any of the Community Facilities District Documents or under which a determination adverse to the City or Community Facilities District would have a material adverse effect upon the financial condition or the revenues of the City or Commu nity Facilities District, questions the right of the Community Facilities District to use Special Taxes levied within the Community Facilities District for the repayment of the Bonds or affects in any manner the right or ability of the Community Facilities District to collect or pledge the Special Taxes levied within the Community Facilities District for the repayment of the Bonds; 202
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(vi) the execution and delivery of the Bonds and the Community Facilities District Documents, and compliance with the provisions of each, will not conflict with or constitute a breach of or default under any loan agreement, note, ordinance, resolution, indenture, contract, agreement or other instrument of which the Community Facilities District is a party or is otherwi se subject or bound, a consequence of which could be to materially and adversely affect the ability of the Community Facilities District to perform its obligations under the Bonds or the Community Facilities District Documents; and
(vii) all approvals, consents , authorization, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the ability of the Community Facilities District, to perform its obligations under the Bonds or the Community Facilities District Documents, have been obtained or made, as the case may be, and are in full force and effect.
This letter is furnished by us as Issuer’s Counsel. Other than the City and the Community Facilities District, no attorney-client relationship has existed or exists between the City Attorney and you in connection with the Bonds or by virtue of this letter. I disclaim any obligation to update this letter. This letter is delivered to you, is solely for your benefit and is not to be used, circulated, quoted or otherwise referred to or relied upon for any other purpose or by any other person; provided, however, a copy may be included in the transcript of the proceedings for the Bonds. This letter is not intended to, and may not, be relied upon by owners of the Bonds.
I bring to your attention the fact that my conclusions are an expression of professional judgment and are not a guarantee of a result.
City Attorney
203
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F-1
EXHIBIT E
$[PAR]
COMMUNITY FACILITIES DISTRICT NO. 2022-1 OF THE
CITY OF ESCONDIDO (ECLIPSE/MOUNTAIN HOUSE)
SPECIAL TAX BONDS, SERIES 2024
FORM OF ISSUE PRICE CERTIFICATE
The undersigned, Stifel, Nicolaus & Company, Incorporated (“Stifel”), hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations (the “Bonds”).
1. Bond Purchase Agreement. On [Pricing Date] (the “Sale Date”), Stifel and the Issuer executed a Bond Purchase Agreement (the “Purchase Agreement”) in connection with the sale of the Bonds. Stifel has not modified the Purchase Agreement since its execution on the Sale Date.
2. Price.
(a) As of the date of this Certificate, for each [Maturity] [[of the General Rule Maturities] of the Bonds, the first price at which at least 10% of each such Maturity of the Bonds was sold to the Public (the “10% Test”) was the respective price for such Maturity listed in Schedule A attached hereto.
(b) [Stifel offered the Hold -the-Offering-Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent c ommunication for the Bonds is attached to this certificate as Schedule B.
(c) As set forth in the Bond Purchase Agreement, Stifel has agreed in writing that, (i) for each Maturity of the Hold-the-Offering-Price Maturities, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold -the-offering-price rule”), and (ii) any selling group agreement shall contain th e agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker -dealer who is a party to the retail distribution agreement, to comply with the hold -the-offering-price rule. P ursuant to such agreement, no Underwriter (as defined below) has offered or sold any Maturity of the Hold -the-Offering-Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period.]
(d) [** With respect to each of the General Rule Maturities of the Bonds:
(1) As of the date of this Certificate, Stifel has not sold at least 10% of the Bonds of these Maturities at any single price.
(2) As of the date of this Certificate, Stifel reasonably expects that the first sale to the Public of Bonds of these Maturities will be at or below the respective price or prices 204
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listed on the attached Schedule A as the “Reasonably Expected Sale Prices for Undersold Maturities.”
(3) Stifel will provide actual sales information (substantially similar to the information contained on Schedule B ) as to the price at which the first 10% of each such Maturity (i.e., the Undersold Maturity or Maturities) is sold to the Public.
(4) On the date the 10% Test is satisfied with respect to all Maturities of the Bonds, Stifel will execute a supplemental certif icate substantially in the form attached hereto as Schedule C with respect to any remaining Maturities for which the 10% Test has not been satisfied as of the Closing Date.**]
2. Defined Terms.
(a) “General Rule Maturities” means those Maturities of the Bonds listed in Schedule A hereto as the “General Rule Maturities.”
(b) “Hold-the-Offering-Price Maturities” means those Maturities of the Bonds listed in Schedule A hereto as the “Hold-the-Offering-Price Maturities.”
(c) “Holding Period” means, with respect to a Hold -the-Offering-Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date, or (ii) the date on which Stifel has sold at least 10% of such Hold-the- Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering-Price Maturity.
(d) “Issuer” means Community Facilities District No. 2022 -1 of the City of Escondido (Eclipse/Mountain House).
(e) “Maturity” means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities.
(f) “Public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter.
The term “related party” for purposes of this certificate generally means any two o r more persons who have greater than 50 percent common ownership, directly or indirectly.
(g) “Underwriter” means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead Underwriter to form an underwriting syndicate) to par ticipate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Pu blic (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public).
3. Reserve Account. The funding of the Reserve Account under the Indenture, and as provided in the Tax Certificate, is reasonably required, was a vital factor in marketing the Bonds, facilitated 205
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the marketing of the Bonds at an interest rate comparable to that of bonds and other tax-exempt obligations of a similar type, and is not in excess of the amount necessary for such purpose.
4. The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Stifel’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate of the Issuer dated [Closing Date] and with respect to compliance with the federal income tax rules affecting the Bonds, and by Bond Counsel, in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038 -G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds.
STIFEL, NICOLAUS & COMPANY,
INCORPORATED
By:
Managing Director
By:
Director
Dated: [Closing Date]
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E-4
SCHEDULE A
TO
ISSUE PRICE CERTIFICATE
[Schedules to be updated at pricing in the event there are Hold-the-Offering-Price-Maturities] Actual Sales Information as of Closing Date
Maturity/CUSIP Coupon Date Sold Time Sold Par Amount Sale Price
[**Reasonably Expected Sales Prices for Undersold Maturities as of Closing Date
Maturity/CUSIP Coupon Par Amount Offering Prices
**]
207
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E-5
[**SCHEDULE B
TO
ISSUE PRICE CERTIFICATE
Actual Sales for Undersold Maturities as of the Closing Date
Maturity/CUSIP Date Sold Time Sold Par Amount Sale Price
**]
208
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E-6
[**SCHEDULE C
TO
ISSUE PRICE CERTIFICATE
SUPPLEMENTAL ISSUE PRICE CERTIFICATE OF UNDERWRITER
$[PAR]
COMMUNITY FACILITIES DISTRICT NO. 2022-1 OF THE
CITY OF ESCONDIDO (ECLIPSE/MOUNTAIN HOUSE)
SPECIAL TAX BONDS, SERIES 2024
The undersigned, Stifel, Nicolaus & Company, Incorporated (“Stifel”), hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations (the “Bonds”).
1. Issue Price.
(a) Stifel sold at least 10% of the
Maturities of the Bonds to the Public at the price
or prices shown on the Issue Price Certificate dated as of the Closing Date (the “10% Test”). With respect to each of the Maturities of the Bonds, Stifel had not
satisfied the 10% Test as of the Closing Date (the “Undersold Maturities”).
(b) As of the date of this Supplemental Certificate, Stifel has satisfied the 10% Test with respect to the Undersold Maturities. The first price or prices at which at least 10% of each such Undersold Maturity was sold to the Public are the respective prices li sted on Exhibit A attached hereto.
2. Defined Terms.
(a) “Issuer” means Community Facilities District No. 2022 -1 of the City of Escondido (Eclipse/Mountain House).
(b) “Maturity” means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities.
(c) “Public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter.
The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly.
(d) “Underwriter” means (1) any person that agrees pursuant to a written contract with the Issuer (or with the lead Underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to th e Public, and (2) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (1) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public).
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3. The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Stifel’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer w ith respect to certain of the representations set forth in the Tax Certificate of the Issuer dated [Closing Date] and with respect to compliance with the federal income tax rules affecting the Bonds, and by Bond Counsel, in connection with rendering its op inion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038 -G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds.
STIFEL, NICOLAUS & COMPANY,
INCORPORATED
By:
[Title]
By:
[Title]
Dated: [Closing Date]
210
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E-8
EXHIBIT A
TO
SUPPLEMENTAL ISSUE PRICE CERTIFICATE**]
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STAFF REPORT
April 10, 2024
File Number 0650-40
SUBJECT
DESIGNATION OF ENFORCEMENT AUTHORITY FOR THE ESCONDIDO CAMPAIGN CONTROL ORDINANCE
DEPARTMENT
City Attorney’s Office
RECOMMENDATION
It is requested that the City Council adopt Resolution No. 202 4-31 designating Christina M. Cameron, Esq. and the law firm of Devaney Pate Morris & Cameron, LLP (“Law Firm”) as the enforcement authority for the Escondido Campaign Control Ordinance for the 202 4 Municipal Election (“Special Counsel”), as required by Escondido Municipal Code Section 2- 110.5(c).
Staff Recommendation: Approval (City Attorney's Office: Michael McGuinness, City Attorney)
Presenter: Michael R. McGuinness, City Attorney
ESSENTIAL SERVICE – Yes, internal requirement required by the Municipal Code.
COUNCIL PRIORITY –
FISCAL ANALYSIS
The costs associated with this engagement will depend on the number and complexity of referrals made to the Special Counsel pursuant to the Escondido Municipal Code.
PREVIOUS ACTION
On April 8, 2020, the City Council adopted Resolution No. 2020-41 appointing the City Attorney’s nominee, Gary Schons, Esq., with the law firm of Best Best & Krieger, LLP, as the enforcement authority for the 2020 municipal election. Mr. Schons thereafter retired from the practice of law.
On April 6, 2022, the City Council adopted Resolution No. 2022-33 appointing the City Attorney’s nominee, Christina Cameron, Esq., and the law firm Devaney Pate Morris and Cameron, LLP , as the enforcement authority for the 2022 municipal election.
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BACKGROUND
Pursuant to Escondido Municipal Code Section 2 -110.5(c), special counsel shall be selected as the enforcement authority for the Campaign Control Ordinance by the City Attorney and appointed by the City Council at least one hundred and eighty (180) days pri or to a city election. The next regularly scheduled municipal election will be held on November 5, 2024.
Under the California Government Code and the Escondido Municipal Code, the appointed City Attorney acts under the direction of the mayor and four elected councilmembers. When candidates and incumbents compete against each other for local offices, campaign issues, including possible Campaign Control Ordinance violations, should be handled by outside counsel. Therefore, Escondido Municipal Code Section 2-110.5 provides for outside or special counsel to review campaign-related complaints.
The City Attorney’s Office recommends that the City Council appoint Christina M. Cameron, Esq. as the City’s Special Counsel for enforcement of the Campaign Control Ordinance based on her exemplary prior service in 2022 as the City’s Special Counsel, as well as her extensive experience and knowledge of municipal law, election matters and public integrity compliance. Ms. Cameron is a founding member and partner of the Law Firm and has over 30 years of local government experience. Ms. Cameron currently serves as General Counsel to the San Diego Ethics Commission providing advisory, administrative enforcement and litigation services. She and the Law Firm provide regular training to local agencies and government officials in government ethics laws. Ms. Cameron has also served as special counsel to the Los Angeles City Ethics Commission and Oakland Public Ethics Commission.
In addition to Ms. Cameron, the Law Firm includes as a founding partner Leslie E. Devaney, Esq. Her relevant experience includes serving in the San Diego City Attorney’s Office for approximately 20 years , including service as a prosecutor with jury trial experience, as a legal advisor to the city council and city departments on elections issues. Ms. Devaney has comprehensive experience with campaigns and elections, and Brown Act and open government issues in her role as City Attorney for the cities of Murrieta, Del Mar, and Encinitas. She has served as Special Counsel to the Chula Vista Board of Ethics since 2012 working as an enforcement authority to manage complaints of violations of the City’s Code of Ethics, a role very similar to the City of Escondido’s Campaign Control Ordinance special counsel.
Based on the above, it is recommended that the City Council adopt Resolution No. 202 4-31 designating Christina M. Cameron, Esq. and the law firm of Devaney Pate Morris & Cameron, LLP as the enforcement authority for the Escondido Campaign Control Ordinance for the 2024 Municipal Election, as required by Escondido Municipal Code Section 2-110.5(c).
RESOLUTIONS
A. Resolution No. 2024-31
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RESOLUTION NO. 2024-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE
RETENTION OF CHRISTINA M. CAMERON, ESQ., AND THE
LAW FIRM OF DEVANEY PATE MORRIS & CAMERON, LLP,
AS SPECIAL COUNSEL FOR THE ENFORCEMENT OF THE
ESCONDIDO CAMPAIGN CONTROL ORDINANCE FOR THE
2024 MUNICIPAL ELECTION
WHEREAS, Escondido Municipal Code Section 2 -110.5 (c) requires the City of Escondido (“City”) to retain special counsel at least one hundred and eighty (180) days prior to a City election to enforce the Escondido Municipal Code pertaining to campaign related matters; and WHEREAS, the law firm of Devaney Pate Morris & Cameron, LLP (“Law Firm”), including partner Christina M. Cameron, Esq., has attorneys specialized in local government campaign and elections ethics, and has served as contract City Attorneys for local public agencies, as general counsel to public agency ethics commissions, and previously served as the City’s Campaign Enforcement Authority pursuant to the designation adopted in Resolution No. 2022-33 in April 2022; and WHEREAS, the Law Firm attorneys have the highest credentials, knowledge, experience, ethics and independe nce and would be well suited to continue serving as the City ’s campaign enforcement authority; and
WHEREAS, the City Attorney recommends the retention of Christina M. Cameron, Esq. and the Law Firm as special counsel to enforce the provisions of the Escondido Campaign Control Ordinance for the 2024 municipal election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
2. That the City Council accepts and adopt s the recommendation of the City Attorney , appoints Christina M. Cameron , Esq. and the Law Firm as the Enforcement Authority for the Escondido Campaign Control Ordinance, and authorizes the City Attorney to execute such documents as may be 214
Item6.
required to retain the Law Firm as special counsel to enforce the provisions of the Escondido Campaign Control Ordinance.
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STAFF REPORT
April 10, 2024
File Number 0120-10
SUBJECT
BOARD AND COMMISSION APPOINTMENTS
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council ratify the Mayor’s appointments to serve on the following Boards and Commissions:
Building and Advisory Appeals Board – Barry Speer, Mirek Gorny, Shir Cornblum, George Khoury, Scott McColl
Library Board of Trustees – Virginia Segarra Bunnell
Planning Commission – Marc Correll, Jeff Jester, Dustin Steeve, Stan Weiler Public Art Commission – Jacqueline Kelleher, Nathalie Martinez, Heidi Paul, Patricia Spann Transportation and Community Safety Commission – Bill Durney, Lon Grothen, Beth Kassebaum, Staff Recommendation: Approval (City Clerk’s Office: Zack Beck) Presenter: Mayor Dane White
PREVIOUS ACTION
On March 6, 2024 and March 20, 2024 the City Council conducted interviews of candidates that applied to serve on the City’s Boards and Commissions.
BACKGROUND
All Board and Commission appointments will be for a term of two (2) years with the exception of the Library Board of Trustees, who serve three (3) year terms, and the Planning Commission, who serve four (4) year terms. In accordance with State l aw, the Mayor will nominate members for each Board or Commission and the City Council will vote to ratify those nominations.
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ATTACHMENTS
a. Attachment “1” – Candidate Applications
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Name Barry Speer
Address
Do
you live in the City of Escondido Limits? yes
Do you live in the General Plan Area? yes
Home Phone
Email Address
Length of time you lived in the area 16 years
Employer Donan Engineering
Occupation Regional Engineering Manager
Business Address
Business Phone
Board of Commission for which you are applying? Building Advisory and Appeals Board If you have filed additional applications for other boards or commissions, please list them in order of preference Planning Commission
If you are an incumbent, how long have you served in your current position 4 years Have you ever been a member of any City board or Commission, or employed by the City of Escondido yes If so what capacity? Building Advisory and Appeals Board Are any persons now employed by the City of Escondido related to you by blood or by marriage? no If so, list name and relationship? none
Personal References (Name/Address/Business Address/Occupation) Michael Morasco/ /Physical Therapist/Escondido City Councilman
Community Involvement: List present membership in any community service or civic organizations, if any? Escondido Building Advisory and Appeals Board, Escondido Homelessness and Housing Public Advisory Committee Attachment "1"
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Name Mirek Krzysztof Gorny
Address 3196 Aberdeen Way
Do you live in the City of Escondido Limits? yes
Do you live in the General Plan Area? yes
Home Phone 8587748077
Email Address _____________
Length of time you lived in the area 22 yrs
Employer C2 Financial Corporation
Occupation Real Estate and Mortgage Broker
Business Address 3196 Aberdeen Way
Business Phone 18587748077
Board of Commission for which you are applying? Building and Advisory Appeals Board If you have filed additional applications for other boards or commissions, please list them in order of preference Transportation and Community Safety Commission If you are an incumbent, how long have you served in your current position 12 yrs Have you ever been a member of any City board or Commission, or employed by the City of Escondido LBOT
If so what capacity? Trustee
Are any persons now employed by the City of Escondido related to you by blood or by marriage? Yes If so, list name and relationship? Monika Gorny , Spouse Personal References (Name/Address/Business Address/Occupation) Ryan Ortega – Ortega &Associates San Diego 858-925-3354 Ed Gallo - Escondido 760-522-4851 Raul Fuchs Escondido 619-316-4733 Community Involvement: List present membership in any community service or civic organizations, if any? President - Polish American Congress of Southern California Member - Polish American Association Member - House Of Poland Balboa Park (past president) Coach for Escondido Soccer Club Attachment "1"
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Name Shir Cornblum,
Esq.
Address
Do you live in the City of Escondido Limits? N/A
Do you live in the General Plan Area? N/A
Home Phone
Email Address
Length of time you lived in the area N/A
Employer Macdonald & Cody, Legal, Irvine, California
Occupation Associate Attorney
Business Address N/A
Business Phone N/A
Board of Commission for which you are applying? Building Advisory & Appeals Board If you have filed additional applications for other boards or commissions, please list them in order of preference N/A If you are an incumbent, how long have you served in your current position N/A Have you ever been a member of any City board or Commission, or employed by the City of Escondido N/A If so what capacity? N/A
Are any persons now employed by the City of Escondido related to you by blood or by marriage? N/A If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) N/A Community Involvement: List present membership in any community service or civic organizations, if any? What skills and abilities will you bring to the City of Escondido? I recently moved from Huntington Beach to Escondido. I am highly motivated individual, currently working as an insurance defense attorney, and interested in finding solutions to constructions issues. I am able to bring a legal perspective with regards to insurance and contract as well assist with reaching resolutions due to my negotiation skills or case settlements from the legal field. Upon moving to Escondido, I have found the city has great potential for development and would greatly appreciate to be a part of its developmental process. I believe a balance should be created between environment and construction growth as well as ensuring great habitability in buildings according to code. I have great communication skills and believe this would be helpful to such position. What are your objectives for participating in this program? I would like to contribute to the city I have moved to. I believe Escondido has great potential and a lot to offer to new residents. I believe assisting with facilitating the constructional growth, habitability of the residents and ensuring protection of the environment while retaining "green areas" is important. What type of work would you like to do during your time with us? I would like to participate in city council committee and/or being a Board Member of the Building Advisory or planning communion. I could also assist volunteering in legal positions assisting the city or its residents. Please list any restrictions that may impact your ability to volunteer Availability regarding working hours. If performing legal job, conflict check proceedings will need to be put in place. Availability Monday ‐ Friday (after 6:00PM), availability could potentially be modified depending on the volunteering requirements.
Attachment "1"
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Shir Cornblum Esq.
PROFESSIONAL SUMMARY
Highly motivated and resourceful associate attorney with extensive background in contracts reviewing, litigation, insurance defense and international law. A member of the California and D.C. Bar in good standing currently seeking an employment opportunity to expand my skills, knowledge, and experience in the legal field.
EDUCATION
University of Connecticut School of Law, Hartford, CT, completed May 2017 U.S. Legal Studies LL.M. Program, Hartford, CT – Awarded Dean’s Scholarship Extensive, flexible, and individually specialized program preparing foreign law graduates to sit a U.S. bar exam.
Activities: LL.M. Student Representative to the Student Bar Association, Secretary of the Jewish Law Students’ Association, Member of Connecticut Alliance of International Lawyers Tilburg University, Tilburg, the Netherlands
Global Law LL.B. Program - Graduated with distinction, 2016 A Multidisciplinary study of law from a global perspective through exploration of legal systems throughout the world across legal disciplines. Relevant to the promotion of global development of law.
European Honors Certificate, 2016
Four-course optional interdisciplinary program focusing on the interrelations between European nations.
MEMBERSHIPS & CERTIFICATES
Bar Memberships: California, 2021 ; District Columbia, 2017 Certificates: Immigration Law, Legal Research LexisNexis, Professional Research LexisNexis, Foundations of U.S. Law, US Civil and Criminal Justice.
SKILLS
Microsoft Office
Time & Records Management
Legal Research & Writing
Public Speaking
Legal Document Drafting
Adaptability
Contract Law
Immigration Law
EXPERIENCE
Macdonald & Cody, Legal, Irvine, California
Associate Attorney, January, 2021 – Current
• Meet demands for policy limits, negotiate personal contributions on client’s behalf, complete minor’s compromise petitions and attend hearings and globally settle cases with multiple claimants • Conduct necessary and appropriate discovery, hearings, depositions, mediations, and similar proceeding • Research the law applicable to cases or matters; drafts legal documents, pleadings, motions, briefs and opinions as required. If requested, conduct settlement negotiations • Advise, communicate and confer with Claims Representatives and Insured Clients, rendering clear, unambiguous legal opinions and advice
Attachment "1"
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Macdonald & Cody, Legal, Irvine, California
Law Clerk, November, 2020 – December, 2020
• Review, analyze and summarize reports and other pre-litigation materials such as medical records, discovery, billings and other legal documents
• Communicate closely with clients and provide initial case analysis and defense strategies • Collaborate with opposing counsel in facilitating settlements on clients’ behalf • Draft settlement agreements, declarations, tender letters and legal correspondence Hadco Metal Trading LLC, Legal, Bensalem, Pennsylvania
Legal Administrator, October, 2017 - July, 2020
• Revi
ew contracts with customers and suppliers for compliance with state , federal and international law • Analyze, prepare and edit existing contracts or other documents such as legal correspondence , as well as organize and maintain documents in paper or electronic filing system • Examine, evaluate and discuss potential contract with customers • Prepare HR documents such as: employment contracts, new hire guides and disciplinary actions • Liaise with external partners (such as insurance vendors) and ensure legal compliance • Participate in HR projects such as joining a PEO, shelter volunteering, composing sexual harassment prevention trainings, ensuring compliance with safety & health programs and assisting in recruitment innovation • Meet with customers and suppliers to discuss details of contracts UConn LL.M. Admissions Office, Assistant
University Employment Spring 2017
• Contacted prospective students, production of alumni newsletter and creating profiles for graduate students Global Law Program, Promotion Team, Tilburg, the Netherlands
University Employment, April 2014 – April 2016
• Contacted prospective students, answering questions and organizing campus tours Danya Cebus, Internship, Bucharest, Romania
In-House Counsel Legal Assistant, Summer 2015
• Assisted with analyzing, drafting and examining current and potential construction contracts • Cooperated with financial, tax and bidding departments to understand terms of agreements and draft agreements. • Supported Communication with Israeli headquarters and developed knowledge of the civil law procedure and court’s hierarchy through attending court sessions
Milit
ary Service in the Israeli Defense Forces (IDF), Israel Casualty Department Administrative, Lieutenant, April 2011 – July 2013 • Managed an adjutancy office of 8 soldiers, maintaining daily responsibility for multiple sectors of the department • Maintained communication with 800 reservists and executed related administrative tasks • Received award for outstanding officer performance
International Relations Department, Israel
Soldier, October 2010 – March 2011
• Carried responsibility for scheduling expedition visits of U.S. Military personnel who shared combat training with Israeli soldiers and military reservists for operations in time of an emergency
LANGUAGES
English and Hebrew – Native/bilingual proficiency • Romanian and Spanish–Elementary proficiency Attachment "1"
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Item7.
Name Mr. G
eorge Khouy
Address
Do
you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? N/A
Home Phone N/A
Email Address
Length of time you lived in the area 6+ Years
Employer Retired
Occupation Civil/Environmental Engineer
Business Address N/A
Business Phone N/A
Board of Commission for which you are applying? Building Advisory & Appeals Board If you have filed additional applications for other boards or commissions, please list them in order of preference Planning Commission/Transportation & Community Safety Commission If you are an incumbent, how long have you served in your current position No Have you ever been a member of any City board or Commission, or employed by the City of Escondido N/A If so what capacity? N/A
Are any persons now employed by the City of Escondido related to you by blood or by marriage? N/A If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Mr. Sam Abed Home Address:
Business Address: Brush & Associates, 520 W. Valley Parkway Ste. A, Escondido (760‐ 745‐6700 Real Estate Mr. Mitchel Berner Home Address:
Retired Ms. Sandy Eichen Home Address:
Keller Williams, Escondido ‐ Real Estate
Community Involvement: List present membership in any community service or civic organizations, if any? Ex‐board member of Rancho Bernardo MPlanning Group, City of San Diego (2002‐2006) Ex‐board member of Bernado Santa Fe HOA, Escondido (2017‐2021) Presently Commissioner on the SD County Leon L. Williams Human Relations Commission Attachment "1"
223
Item7.
Attachment "1"
224
Item7.
Attachment "1"
225
Item7.
Name Scott McColl
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
Length of time you lived in the area 6 Months
Employer domusstudio architecture
Occupation Architect
Business Address 2800 Third Ave, San Diego
Business Phone 619‐692‐9393
Board of Commission for which you are applying? Building Advisory and Appeals If you have filed additional applications for other boards or commissions, please list them in order of preference N/A If you are an incumbent, how long have you served in your current position N/A Have you ever been a member of any City board or Commission, or employed by the City of Escondido No If so what capacity? N/A
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) David Keitel AIA / / 2022 AIA President San Diego, 2022 AIA California Board of Directors / Architect Diane Zoura, Principal / Senses & Spaces / / Interior Designer Jon Dominy AIA / Principal domusstudio architecture / / 2800 Third Ave San Diego, CA / Architect
Community Involvement: List present membership in any community service or civic organizations, if any? N/A Attachment "1"
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Item7.
N
ame Virginia Segarra Bunnell
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
L
ength of time you lived in the area 9 ye ars
Employer Excellos, Inc.
Occupation Vice President of People & Administration
Business Address 1155 Island Ave, Suite 400, San Diego, CA 92101 Business Phone
Board of Commission for which you are applying? Library If you have filed additional applications for other boards or commissions, please list them in order of preference N/A
If you are an incumbent, how long have you served in your current position 3 years Have you ever been a member of any City board or Commission, or employed by the City of Escondido Yes
If so what capacity? Library Board
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) John Schwab, retired, Pauline Gourdie, CEO, CSL Staffing,
Community Involvement: List present membership in any community service or civic organizations, if any? Library Board of Trustees Escondido Chamber of Commerce Charitable Foundation Attachment "1"
227
Item7.
Name Marc Correll
Address
Do you live in the City of Escondido Limits? Escondido
Do you live in the General Plan Area? yes
Home Phone
Email Address
L
ength of time you lived in the area 14 ye ars
Employer Sundancer Pools
Occupation Project manager
Business Address 1048 Metcalf St Escondido 92026
Business Phone
Board of Commission for which you are applying? Planning Commission If you have filed additional applications for other boards or commissions, please list them in order of preference I'm on the HPC, vice chair
If you are an incumbent, how long have you served in your current position 9 Have you ever been a member of any City board or Commission, or employed by the City of Escondido yes
If so what capacity? HPC
Are any persons now employed by the City of Escondido related to you by blood or by marriage? no If so, list name and relationship? none
Personal References (Name/Address/Business Address/Occupation) Robby Williams, Battalion Chief, Encinitas Fire. Troy Watson, New Mexico, Doctor.
Community Involvement: List present membership in any community service or civic organizations, if any? Assistant coach, Classical Academy High School Baseball and Football. Pastor, The Movement Church
Attachment "1"
228
Item7.
Name Jeff Jester
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
L
ength of time you lived in the area 25 ye ars
Employer Self-employed
Occupation GC/RE Developer
Business Address 1835A S. Centre City Parkway #436
Business Phone 7607471207
Board of Commission for which you are applying? Planning If you have filed additional applications for other boards or commissions, please list them in order of preference no
If you are an incumbent, how long have you served in your current position no Have you ever been a member of any City board or Commission, or employed by the City of Escondido no
If so what capacity? n/a
Are any persons now employed by the City of Escondido related to you by blood or by marriage? no If so, list name and relationship? none
Personal References (Name/Address/Business Address/Occupation) Steve Austin / 10602 Esmeralda Dr. San Diego CA / Retired / Port of San Diego, Engineer Ron Hanson / 2001 Felicita Rd. Escondido, CA / Retired / Business Owner Ray Nolan / 2817 E. Paseo Laredo, Anaheim, CA / Nolan Excavating, Business Owner
Community Involvement: List present membership in any community service or civic organizations, if any? none
Attachment "1"
229
Item7.
N
ame Dustin Steeve
Address
Do you live in the City of Escondido Limits? No
Do you live in the General Plan Area? Yes
Home Phone
Email Address
L
ength of time you lived in the area 22 yea rs
Employer Self-Employed
Occupation Business Owner / Executive
Business Address 2355 Main Street, Irvine 92014
Business Phone 8007571550
Board of Commission for which you are applying? Planning Commission If you have filed additional applications for other boards or commissions, please list them in order of preference N/A
If you are an incumbent, how long have you served in your current position N/A Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? N/A
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Todd Hoyt - Former business owner (North County Camera, ChristianAudio.com) Jason Mancino - Vice Principal, Escondido Charter High School Bill Bradford - Senior Advisor, Sutton Capital Partners, former SVP of Digital Media, FOX Broadcasting Company Blake Lawson - Director Retail Store Product Strategy at SAP Angela Cook - Sr.
Escrow Officer, Principle at Lighthouse Escrow, Inc.
Community Involvement: List present membership in any community service or civic organizations, if any? Board member and Secretary - Hildegard College, Costa Mesa CA Founder and President - Lighthouse Escrow Charitable Former board member - Seneca Family of Agencies in Orange County Former marketing advisory member - Pretend City Children's Museum, Irvine CA Former volunteer sound technician - Resurrection OC, Ladera Ranch, CA Former volunteer sound technician - Emmanuel Faith Community Church, Escondido CA
Attachment "1"
230
Item7.
N
ame Stan Weiler
Address
Do you live in the City of Escondido Limits? No
Do you live in the General Plan Area? Yes
Home Phone
Email Address
Le
ngth of time you lived in the area 52 yea rs
Employer HWL
Occupation Land Use Planning
Business Address 2888 Loker Avenue East, Ste. 217, Carlsbad, CA 92010 Business Phone 760.929.2288
Board of Commission for which you are applying? Planning Commission If you have filed additional applications for other boards or commissions, please list them in order of preference No other Boards or Commissions
If you are an incumbent, how long have you served in your current position 8 years on Planning Commission
Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? N/A
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Sam Abed - - President - Pacific West Consulting - Former Escondido Mayor John Conley - - City Manager - City of Vista David Ferguson - - Partner at Lounsbery Ferguson Altona & Peak -
Attorney
Community Involvement: List present membership in any community service or civic organizations, if any? Currently - Planning Commission Formerly - Board Member at Greater Escondido Chamber of Commerce, Chair of Government Affairs Committee
Attachment "1"
231
Item7.
Name Jacqueline Kelleher
Address
Do you live in the City of Escondido Limits? yes
Do you live in the General Plan Area? I don’t know
Home Phone
Email Address
L
ength of time you lived in the area 6 ye ars
Employer Helen Woodward animal center
Occupation Technology manager
Business Address 6523 Helen Woodward Way
Business Phone 858-756-4117 ext 359
Board of Commission for which you are applying? Public Art Comission If you have filed additional applications for other boards or commissions, please list them in order of preference No
If you are an incumbent, how long have you served in your current position No Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? No
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? No
Personal References (Name/Address/Business Address/Occupation) Fernanda Lopez - - Works for the San Diego County Health and Human Services Department as a Communications Officer Sara Adame - Graphic Designer for IMG Group
Community Involvement: List present membership in any community service or civic organizations, if any? Volunteer at the San Diego Zoo Safari Park for 5+ years Volunteer with MANA San Diego Hermanitas program for 2 years
Attachment "1"
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Item7.
Name Nathalie Martinez
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
L
ength of time you lived in the area 25 yea rs
Employer Universidad Popular
Occupation Community Educator
Business Address 261 Autumn Dr
Business Phone N/A
Board of Commission for which you are applying? Public Art Commission If you have filed additional applications for other boards or commissions, please list them in order of preference N/A
If you are an incumbent, how long have you served in your current position almost 2 years Have you ever been a member of any City board or Commission, or employed by the City of Escondido Yes
If so what capacity? Current Public Art commissioner
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Dr. Arcela Nuñez-Alvarez, Co-Director of Universidad Popular Maria Nuñez, San Marcos City Council Member Community Involvement: List present membership in any community service or civic organizations, if any? Member of the Southern Border Coalition, San Diego County Economic Development Agencies Sector
Attachment "1"
233
Item7.
Name Heidi Paul
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
L
ength of time you lived in the area 27 yea rs
Employer Retired from SMUSD (SMHS & Mission Hills High) Occupation English/AVID/History Teacher
Business Address N/A
Business Phone N/A
Board of Commission for which you are applying? Public Art Commission If you have filed additional applications for other boards or commissions, please list them in order of preference N/A
If you are an incumbent, how long have you served in your current position 2 Years Have you ever been a member of any City board or Commission, or employed by the City of Escondido Public Art Commission
If so what capacity? Commissioner
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No.
If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Melinda Finn Home Address:
Business Address: Palomar College, San Marcos (760) 803-4284 Photography Teacher Cheri Barbour Home Address:
Artist, Retired RN Nancy Herzfeld-Pipkin Home Address:
Retired Grossmont College Teacher
Community Involvement: List present membership in any community service or civic organizations, if any? Qualifications: I would like to continue to serve my community on the Public Art Commission.
Attachment "1"
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Name Patricia Spann
Address
Do you live in the City of Escondido Limits? 46 plus years Do you live in the General Plan Area? yes
Home Phone
Email Address
Length of time you lived in the area 46 plus years
Employer Expressions Design/Correct Carpet
Occupation Designer and Sales
Business Address 218 East Grand Ave.
Business Phone 760-7414047
Board of Commission for which you are applying? Public Art Commission If you have filed additional applications for other boards or commissions, please list them in order of preference N/A
If you are an incumbent, how long have you served in your current position 2 Terms 4 years Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? N/A
Are any persons now employed by the City of Escondido related to you by blood or by marriage?
If so, list name and relationship?
Personal References (Name/Address/Business Address/Occupation) Dr. Matt Hubbard Awaken Church Pastor and Chiropractor Dan and Heather Moe Design Moe Kitchen Board of DBA Escondido Traci Bass Caldwell BankerRealtor President of Old Escondido Historic District Urban
Community Involvement: List present membership in any community service or civic organizations, if any? Current Public Arts Commission Past Board Member of DBA and Old Escondido Historic District
235
Item7.
N
ame Bill Durney
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
L
ength of time you lived in the area 22 ye ars
Employer Retired
Occupation Former Business Owner
Business Address None
Business Phone
Board of Commission for which you are applying? Transportation If you have filed additional applications for other boards or commissions, please list them in order of preference None
If you are an incumbent, how long have you served in your current position 14 years Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? None
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? None
Personal References (Name/Address/Business Address/Occupation) Mayor Dane White EUHSD Superintendent Jon Peterson Tina Pope, Neighborhood Healthcare Community Involvement: List present membership in any community service or civic organizations, if any? Member Escondido High School Board Member Escondido Transportation and Safety Commission Attachment "1"
236
Item7.
Name Lon R Grothen
Address
Do you live in the City of Escondido Limits? yes
Do you live in the General Plan Area? yes
Home Phone
Email Address
L
ength of time you lived in the area 10 yea rs
Employer retired from GEICO
Occupation Auto Claims
Business Address 14111 Danielson Poway
Business Phone
Board of Commission for which you are applying? Traffic If you have filed additional applications for other boards or commissions, please list them in order of preference No
If you are an incumbent, how long have you served in your current position No Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? N/A
Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Robert Thompson Claims Supervisor GEICO Lynne Anderson
Retired Auto Claims Supervisor/Regional Liability Administrator GEICO Chris Hedden Address to be provided, Regional Liability Administrator.
Community Involvement: List present membership in any community service or civic organizations, if any? Intern: San Diego Police Department Chair GEICO Grassroots Committee; Distributed Corporate donations to the local charities. Board Member and Manager; La Mesa Little League Attachment "1"
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Item7.
N
ame Beth Kassebaum
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Yes
Home Phone
Email Address
L
ength of time you lived in the area 10 yea rs
Employer Self-employed
Occupation Homeschool mom, jam maker, sometimes traffic engineer Business Address
Business Phone
Board of Commission for which you are applying? Transportation and Community Safety Commission If you have filed additional applications for other boards or commissions, please list them in order of preference None
If you are an incumbent, how long have you served in your current position 6 years Have you ever been a member of any City board or Commission, or employed by the City of Escondido Yes
If so what capacity? I worked as a Traffic Engineer for the City from 2011-2015 Are any persons now employed by the City of Escondido related to you by blood or by marriage? No If so, list name and relationship? N/A
Personal References (Name/Address/Business Address/Occupation) Ray Laigo, Traffic Engineer Ted Hamilton, Pastor Jeff
& Jenny Morgan, structural engineer & homemaker, close friends Community Involvement: List present membership in any community service or civic organizations, if any? Active member of the Old Escondido neighborhood group and Homes Tour host Attachment "1"
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Item7.
KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP
4/17/2024
PROCLAMATION - MARINE CAPTAIN RICHARD J. GANNON II
PROCLAMATION/PRESENTATION: NATIONAL VOLUNTEER WEEK
PRESENTATION: CERTIFICATES OF RECOGNITION - OUTGOING COMMISSIONERS CONSENT CALENDAR - (C. MCKINNEY) - EL CABALLO PARK RFP PROJECT - It is requested that the City Council approve the selection of Michael Baker Inc. as the environmental consultant, and award the bid contract fee of $190,545 with the option to include four (4) additional task, totaling $48,390 for an aggregate of $238,935. The budget approved for the Request for Proposal (RFP) was $200,000, and staff is presenting the item before City Council as required per Article 6, Section 10-133(a)(1) to approve Staff’s ability to award the consultant any additional fees beyond $200,000, and not to exceed the contract fee of $238,935. The awarded consultant for the Project will provide the City with environmental review services including an environmental determination and the optional task are dependent on the findings within the environmental studies. The document determined to be appropriate will be prepared in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines.
ESSENTIAL SERVICE: YES, LAND USE/DEVELOPMENT
COUNCIL PRIORITY: Encourage Housing Development
CONSENT CALENDAR - (C. MCKINNEY) - CONSULTING AGREEMENT FOR DESIGN OF MOUNTAIN VIEW PARK PICKLEBALL COURTS PROJECT - It is recommended that the City Council adopt Resolution No. 2024-23 awarding a consulting agreement to David Volz Design Landscape Architects, Inc. (DVD) in the amount of $235,009 to provide engineering design services for the Mountain View Park Pickleball Courts Project (“Project”).
ESSENTIAL SERVICE: YES, MAINTENANCE OF PARKS FACILITIES/OPEN SPACES COUNCIL PRIORITY: INCREASE RETENTION AND ATTRACTION OF PEOPLE AND BUSINESSES TO ESCONDIDO CONSENT CALENDAR - (C. MCKINNEY) - APPROVE BUDGET ADJUSTMENT, CHANGE ORDER AND CONTRACT AMENDMENT FOR THE CITRACADO PARKWAY EXTENSION PROJECT - It is requested that the City Council adopt Resolution No. 2024-43 authorizing a budget adjustment to receive reimbursement in the amount of $2,033,103.50 from Rincon Del Diablo Municipal Water District, Resolution 2024-44 for a change order in the amount of $994,407.97 to the construction contract with Flatiron West, Inc., and Resolution 2024-45 authorizing Amendment 4 to the consultant contract with TY Lin International in the amount of $389,823 for the Citracado Parkway Extension Project (“Project”).
ESSENTIAL SERVICE: YES, PUBLIC WORKS/INFRASTRUCTURE
COUNCIL PRIORITY: IMPROVE PUBLIC SAFETY; INCREASE RETENTION AND ATTRACTION OF PEOPLE AND BUSINESSES TO ESCONDIDO PUBLIC HEARING - (C. MCKINNEY) - ARTICLE 40 REVISIONS (PL24-0017) - It is requested that the City Council amend Article 40 (Historical Resources) of the Escondido Zoning Code to delegate historic preservation responsibilities to the Planning Commission and/or City staff.
ESSENTIAL SERVICE: YES - LAND USE/DEVELOPMENT
COUNCIL PRIORITY: ELIMINATE STRUCTURAL DEFICIT; IMPROVE PUBLIC SAFETY; INCREASE RETENTION AND ATTRACTION OF PEOPLE AND
BUSINESSES TO ESCONDIDO
PUBLIC HEARING - (E. VARSO) - APPROVAL OF RENEWAL OF THE ESCONDIDO POLICE DEPARTMENT MILITARY ORDINANCE NO. 2024-04 APPROVING DEPARTMENT INSTRUCTION 1.55, MILITARY EQUIPMENT USE POLICY, IN ACCORDANCE WITH NEWLY ESTABLISHED STATE LAW REQUIREMENTS AS SET FORTH IN ASSEMBLY BILL NO. 481.
ESSENTIAL SERVICE: YES - INTERNAL REQUIREMENT IN SUPPORT OF POLICE SERVICES COUNCIL PRIORITY: IMPROVE PUBLIC SAFETY
CURRENT BUSINESS - (J. GOULART) - AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PLAYGROUND EQUIPMENT REPLACEMENT PROJECT AT WASHINGTON PARK, JESMOND DENE PARK, AND WESTSIDE PARK - Request the City Council adopt Resolution No. 2024-39, authorizing the Mayor to execute, on behalf of the City, a cooperative Purchase Agreement through Sourcewell with Miracle Recreation Equipment Company, in the amount of $520,928.97 for the purchase of playground equipment for children 2-5 years, 5-12 years, and integrated shade structures for the Community Development Block Grant (“CDBG”) Playground Equipment Replacement Project at Washington Park, Jesmond Dene Park, and Westside Park.
ESSENTIAL SERVICE: Maintenance of Parks facilities/Open Spaces COUNCIL PRIROTY: Increase Retention and Attraction of People and Businesses to Escondido;
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Item8.
KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP
CURRENT BUSINESS - (J. GOULART) - AUTHORIZE THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR THE SAN DIEGO COUNTY PARK IMPROVEMENTS PROJECT AT MOUNTAIN VIEW PARK AND KIT CARSON PARK - Request the City Council adopt Resolution No. 2024-40, authorizing the Mayor to execute, on behalf of the City, a cooperative Purchase Agreement through Sourcewell with Miracle Recreation Equipment Company, in the amount of $892,217.53 for the purchase and installation of playground equipment for children 2-5 years, 5-12 years, and integrated shade structures for the San Diego County Park Improvements Project at Mountain View Park and Kit Carson Park.
ESSENTIAL SERVICE: Maintenance of Parks facilities/Open Spaces COUNCIL PRIROTY: Increase Retention and Attraction of People and Businesses to Escondido; CURRENT BUSINESS - (C.MCKINNEY) - HOUSING ELEMENT PROGRESS REPORT - Request the City Council to review and receive the 2023 calendar year annual progress report for the Housing Element of the General Plan (“Housing Element APR”) and authorize submittal of the report to the State Office of Planning and Research ("OPR"), the State Department of Housing and Community Development ("HCD"), and the San Diego Association of Governments ("SANDAG").
ESSENTIAL SERVICE: YES - LAND USE/DEVELOPMENT
COUNCIL PRIORITY: ELIMINATE STRUCTURAL DEFICIT; IMPROVE PUBLIC SAFETY; INCREASE RETENTION AND ATTRACTION OF PEOPLE AND
BUSINESSES TO ESCONDIDO
5/1/2024 - NO MEETING (SPRING BREAK)
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Item8.