46297.00006\30403852.4
SGMHD/BIA Settlement Agt
SETTLEMENT AGREEMENT & MUTUAL RELEASE
This Settlement Agreement and Release (“Agreement”) is made by and between the City of Escondido, a California municipality, the City Council of the City of Escondido, (collectively “City”), and Building Industry Association of San Diego County, a California non -profit corporation (“BIA”). The City and BIA shall collectively be referred to herein as the “Parties”.
RECITALS
WHEREAS, on February 26, 2021, BIA filed a petition for writ of mandate and complaint for declaratory relief entitled Building Industry Association of S an Diego County v. City of Escondido, et al., San Diego County Superior Court, Case No. 37-2021-00008423-CU-MC-CTL (“Action”). BIA’s Action was filed to seek judicial review and challenge the City’s adoption of City Ordinance 2020-24 (“the Ordinance”) and other local policies to require that applicants for new residential development must agree either to vote to annex into a new “Mello -Roos Community Facilities District [“CFD”] for Services” [“CFD (Services) 2020-1,”] or to establish an “alternative funding mechanism” acceptable to the City requiring payment of special taxes, fees, or other forms of charges to the City ostensibly to offset a lleged fiscal impacts on certain of the City’s generally available public services;
AND WHEREAS, the City filed a Demurrer to the Action;
AND WHEREAS, following a hearing in the San Diego Superior Court, the City’s Demurrer was over-ruled and the City was directed to file its Answer to the Action; AND WHEREAS, the City filed its Answer, which generally denied the allegations of the Petition and Complaint, and asserted several affirmative defenses; AND WHEREAS, the City subsequently considered various alter natives as potential sources of revenue to fund the types of general public services, and during this time, the Parties entered into a series of stipulations (with Court approval) providing for the litigation to be temporarily suspended, in order to provid e opportunities for the Parties to explore potential alternative funding mechanisms and the concomitant possibilities for settlement of the issues raised in this Action;
AND WHEREAS, the Parties explored settlement possibilities in good faith, but the Parties did not reach any agreement as to a mutually acceptable revenue mechanism to replace the requirements of Ordinance No. 2020-24. Nevertheless, the Parties continued to pursue discussions that might allow for the resolution of this Action by mutual agreement and releases; AND WHEREAS, the Parties now desire to settle all present, past and future controversies, claims, causes of action or purported causes of action, defenses, and disputes, arising from the City’s disputed adoption of Ordinance 2020-24, both real and potential. The City, by its Council, has agreed to pursue local legislative action to repeal and rescind said Ordinance and to repeal any related policies or requirements that applicants for new residential development must agree either to vote to annex into a new “Mello -Roos Community Facilities District [“CFD”] for Services” [“CFD (Services) 2020-1,”] or to establish an “alternative funding mechanism” acceptable to the 267
Item8.
Resolution No. 2024-12
Exhibit “A”
46297.00006\30403852.4
SGMHD/BIA Settlement Agt
City requiring payment of special taxes, fees, or other forms of charges to the City ostensibly to offset alleged fiscal impacts on certain of the City’s public services. BIA by its gov erning Board and officers have agreed, in return, to diligently pursue the voluntary dismissal of this Action against all Parties, with prejudice, as soon as the City’s actions to rescind and repeal the disputed Ordinance and policies become final.
The Parties now seek to document in this Settlement Agreement and Mutual Release, and confirm their respective agreements, including the terms and conditions for settlement and mutual release of all claims, defenses, counter -claims or other liabilities arising in connection with this Action.
NOW, THEREFORE, in consideration of the mutual promises and mutual covenants set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. RECITALS
The Recitals are incorporated into and are made a part of this Agreement. The purpose of this Agreement is to resolve, in their entirety, all of the disputes arising from or related to the Action and the Ordinance, and any and all claims which exist betwe en the Parties including, but not limited to, all allegations and contentions of the Parties as set forth in the Petition, Answer, pleadings, claims, petitions or correspondence in relation thereto. This Agreement shall finally and fully settle the disputes between the Parties as to the Action and the Ordinance.
2. CITY’S SETTLEMENT OBLIGATIONS
In consideration of this Agreement, the City agrees to promptly initiate and diligently pursue appropriate local legal actions leading to the complete rescission of sa id Ordinance and to repeal any related policies or requirements that require, as a condition of development approval, applicants for new residential development must agree either to vote to annex into a new “Mello - Roos Community Facilities District [“CFD”] for Services” [“CFD (Services) 2020 -1,”] or to establish an “alternative funding mechanism” acceptable to the City requiring payment of special taxes, fees, or other forms of charges to the City ostensibly to offset alleged fiscal impacts on certain of the City’s generally-available public services.
The City agrees to initiate such rescission action within 45 days from the date of execution of this Agreement, and to complete such rescission of the disputed Ordinance and policies within 90 days of the date of execution of this Agreement.
The City further agrees as material consideration for this Agreement that it will not take any action to replace or reinstate the Ordinance, or similar requirements that new developments establish an “alternative funding mechanism” acceptable to the City requiring payment of special taxes, fees, or other forms of charges to the City to offset alleged fiscal impacts on certain of the City’s public services without first giving sixty (60) day’s notice to the BIA of the intent to adopt a similar ordinance and thereafter meeting and conferring in good faith with the BIA to identify 268
Item8.
Resolution No. 2024-12
Exhibit “A”
46297.00006\30403852.4
SGMHD/BIA Settlement Agt
the basis and computation for any such fees or charges . The City Council affirmatively states it does not at this time intend to replace or reinstate the Ordinance or similar funding obligations on developers but cannot legally bind the actions of future city councils.
The Parties acknowledge that this Agreement is not intended to impair the City’s discretion or its exercise of its police power authority. The Parties further acknowledge and agree that in the event the City does not complete the rescission of the disputed Ordinance and policies in a timely manner as described above, for any reason, then this Agreement shall become null a nd void as to its remaining unexecuted terms. BIA shall be entitled to resume or re-file its litigation and shall be free to pursue any claims related to the Action, including claims for legal fees and costs against the City.
3. BIA’S SETTLEMENT OBLIGATIONS
BIA by its governing Board and officers agree to diligently pursue and file with the San Diego Superior Court a Request for Dismissal of this entire Action against all Parties, with prejudice, as soon as the City’s actions to rescind and repeal the dispute d Ordinance and policies (described above) become final (and not subject to referendum or other appeal action)
4. MUTUAL WAIVERS OF CLAIMS FOR FEES OR COSTS
The Parties mutually agree that neither of them shall claim or seek to recover any attorney fees, or costs of this Action, by any means, and that all Parties have agreed to bear their own legal fees and costs relating to this Action, and upon the final rescission of the disputed Ordinance, agree to waive and release all such claims, or potential claims for attorney fees or costs of litigation.
5. MUTUAL RELEASE
(a) In further consideration of this Agreement and in recognition of the benefits to be derived therefrom, and except as to the rights, duties and obligations of the Parties as set forth in this Agreement, the Parties hereby release, and fully and finally and forever discharge each other, and each of their associates, owners, predecessors, successors, heirs, executors, administrators, assigns, agents, directors, officers, partners, employees, representatives , lawyers, and all persons acting by, through, under, or in concert with them or any of them (hereinafter collectively called “Additional Releases”) of and from any and all manner of actions or causes of action, in law or in equity, suits, debts, liens, li abilities, claims, demands, and damages of any nature whatsoever, known or unknown, fixed or contingent (hereinafter called “Claims”), existing or as the law may change, including, without limitations, Claims which either Party may now have against each other, arising from or related to the Action and the Ordinance. This Agreement shall not affect the rights of either Party to make claims against the other for future acts. (b) Except as otherwise provided in this Agreement, it is the intention of the Parties that the Release shall be mutually effective as a bar to all claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, and attorneys’ fees, of every character and kind, known or unknown, exi sting or contingent, latent or patent; and in furtherance of such intention, the Parties expressly waive any and all rights conferred upon them by the provisions of California Civil Code Section 1542, which reads as follows:
269
Item8.
Resolution No. 2024-12
Exhibit “A”
46297.00006\30403852.4
SGMHD/BIA Settlement Agt
A GENERAL RELEASE DO ES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR H ER
FAVOR AT THE TIME OF EXECUTING THE RELEA SE
AND THAT, IF KNOWN BY HIM OR HER , WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMEN T
WITH THE DEBTOR OR RELEASED PARTY.
(c) It is the intention of the Parties that the releases entered into as part of this Agreement shall be effective as a bar to all actions, causes of action, obligations, costs, expenses, attorney’s fees, damages, losses, claims, liabilities and demands of any character, nature and kind, known or unknown, suspected or unsuspected, to be so barred; in furtherance of which intention the Parties expressly waive any and all right and benefit conferred upon them by the provisions of Section 1542 of the California Civil Code. The Parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately.
The Parties expressly agree that the release provisions herein contained s hall be given full force and effect in accordance with each and all of their express terms and provisions, including but not limited to those terms and provisions relating to unknown or unsuspected claims, demands and causes of action herein above specifie d. The Parties assume the risk of the foregoing and of the subsequent discovery or understanding of any matter, fact or law which if now known or understood would in any respect have affected this Agreement.
6. NECESSARY ACTS
Each Party shall perform any fur ther acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement.
7. AUTHORITY TO SIGN
Each Party warrants that the individuals who have signed this Agreement on behalf of that Party have the legal power, right, and authority to so sign and thereby bind that Party and its heirs, personal representatives, successors and assigns and any person or entity that may otherwise be entitled to grant the Release.
8. ENTIRE AGREEMENT; AMENDMENTS
This Agreement is the entire agreement between the Parties concerning the subject matter hereof, and supersedes any prior negotiations, discussions, oral or written communications, or agreements between the Parties. The terms of this Agreement may only be modifie d or amended by an instrument in writing executed by all Parties.
9. GOVERNING LAW; VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California state court in the County of Riverside, California. 270
Item8.
Resolution No. 2024-12
Exhibit “A”
46297.00006\30403852.4
SGMHD/BIA Settlement Agt
10. NO INTERPRETATION AGAINST DRAFTER; ADVICE OF COUNSEL This Agreement is to be construed fairly and not in favor of or against any Party regardless of which Party or Parties drafted or participated in the drafting of its terms. Each Party acknowledges it has had the opportunity to receive independent legal advice with respect to the advisability of making this Agreement and with respect to the meaning o f California Civil Code Section 1542, and that they are freely and voluntarily entering in this Agreement and understand this Agreement in its entirety.
11. NO ADMISSION OF LIABILITY
The Parties agree and mutually acknowledge that this Agreement is for settlement purposes only. The Parties deny any wrongdoing in connection with the facts alleged in the Action. Neither this Agreement nor any action taken pursuant to this Agreement shall constitute an admission of any wrongdoing, fault, violation of law, or lia bility of any kind on the part of any of the Parties.
The Parties agree that this Agreement shall be inadmissible as evidence of liability in any forum or proceeding.
12. NO WAIVER
The failure to insist on any one occasion upon strict compliance with any of the covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of any rights or powers hereunder at any other time or times.
13. NO THIRD PARTY BENEFICIARIES
The Parties acknowledge that there are no express or implied third party beneficiaries to this Agreement. No person or entity not a signatory hereto shall have any rights or causes of action against any Party hereto as a result of that Party’s performance or nonperformance of any obligation hereunder.
14. NO PRIOR ASSIGNMENTS.
The Parties represent and warrant that they have not sold, assigned or transferred, or purported to sell, assign or transfer, and shall not hereafter sell, assign or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies, damages, rights, actions, or causes of action released pursuant to this Agreement.
15. SEVERABILITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. 271
Item8.
Resolution No. 2024-12
Exhibit “A”
46297.00006\30403852.4
SGMHD/BIA Settlement Agt
16. CAPTIONS
Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provisions hereof.
17. EACH PARTY TO BEAR OWN COSTS
Except as otherwise provided herein, each Party shall bear its own legal expenses and costs incurred in the preparation and review of this Agreement.
18. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of the successors, assigns, personal representatives, ex ecutors, estate, heirs, agents and related entities of the respective Parties.
19. COUNTERPART EXECUTION
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. This Settlement Agreement may be executed on counterpart signature pages and may be signed by fax or scanned email signature.
{Signatures on following page}
272
Item8.
Resolution No. 2024-12
Exhibit “A”
46297.00006\30403852.4
SGMHD/BIA Settlement Agt
IN WITNESS WHEREOF, each Party has executed this Agreement on the date whi ch appears next to its/his signature below.
Dated: __________________________ BUILDING INDUSTRY ASSOCIATION OF
SAN DIEGO COUNTY
By: _____________________________
Name: Lori Holt Pfeiler
Title: Chief Executive Officer
Dated: __________________________
CITY OF ESCONDIDO
By: ___________________________
Name: _________________________
Title: __________________________
273
Item8.
Resolution No. 2024-12
Exhibit “A”
46297.00006\30403852.4
SGMHD/BIA Settlement Agt
APPROVED AS TO FORM AND CONTENT:
Dated: __________________________ RUTAN & TUCKER LLP
By: _____________________________
David P. Lanferman
Attorneys for Building Industry Association
of San Diego County
Dated: __________________________ CITY ATTORNEY
By: ___________________________
Michael R. McGuinness,
Attorney for
CITY OF ESCONDIDO and
THE MAYOR AND CITY COUNCIL OF
THE CITY OF ESCONDIDO
274
Item8.
ORDINANCE NO. 2024-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, REPEALING ORDINANCE NO.
2020-10, ORDINANCE NO. 2020 -24, AND RESOLUTION
NO. 2020 -44, WHICH TOGETHER AUTHORIZED
FORMATION AND IMPLEMENTATION OF THE CITYWIDE
COMMUNITY FACILITIES DISTRICT (CFD 2020 -1) AND
ASSOCIATED PROPERTY TAX LEVIES
The City Council of the City of Escondido (“City Council”), California, DOES HEREBY ORDAIN as follows:
SECTION 1. The City Council makes the following findings:
WHEREAS, on May 13, 2020, the City Council of the City of Escondido (“City Council”) adopted Resolution No. 2020-44 authorizing formation of the Citywide Services Community Facilities District, CFD 2020-1 (“Services CFD”); and
WHEREAS, on May 13, 2020, the City Council adopted Ordinance No. 2020-10 authorizing the levy of special taxes for the Services CFD; and
WHEREAS, on October 21, 2020, the City Council adopted Ordinance No. 2020-24 authorizing the conditioning of any development permit or entitlement on the establishment of a funding mechanism to offset the impacts to ongoing public services; (“Services Funding Ordinance“); and WHEREAS, on October 21, 2020, the City Council adopted an amendment to Escondido Municipal Code § 6-434 to include as subsection (g) the following provision “Fees and exactions for public services referenced in Escondido Municipal Code Section 6-457”; and WHEREAS, on or about February 26, 2021, the Building Industry Association of San Diego County (“BIASD”) filed a Petition for Writ of Mandate and Complaint for Declaratory Relief against the City of Escondido (“City”) in San Diego Superior Court, Case No. 37 -2021-00008423-CU-MC-CTL (“Lawsuit”) wherein it challenged and sought judicial review of Ordinance No. 2020 -24 and other City policies and development approval prerequisites which required new residential development applicants to annex 275
Item8.
into CFD 2020-1 or establish an acceptable alternative funding mechanism to offset the fiscal impacts of the new development on City public services; and
WHEREAS, the City Council adopted Resolution No. 2023 -156 on December 13, 2023 setting all levies for the Services CFD to $0 per year; and
WHEREAS, the City disputes the allegations of the Lawsuit and maintains that all of its municipal code provisions, ordinances, resolutions, policies, and legislative actions, as well as any and all fees of any type and amount imposed and recovered to date, are lawful and consistent with state law; and WHEREAS, the City Council desires to prevent future Services CFD levies unless and until the City completes another distinct CFD formation process in compliance with state law; and WHEREAS, in light of the adoption of Resolution No. 2023-156, it is in the best interests of the City to repeal ordinances with implement the Services CFD; and WHEREAS, the City Council therefore desires to repeal and rescind in their entirety Ordinance No. 2020-10 and Ordinance No. 2020 -24 and such related code pro visions implementing Citywide Services Community Facilities District, CFD 2020-1.
SECTION 2. The City Council did hold a regularly scheduled and noticed meeting to consider this ordinance.
SECTION 3. That, upon consideration of the staff report, draft ordinance, and public comments, the City Council does HEREBY ordain as follows:
a. That the above recitations and those contained in Resolution No. 2023 -156 are true and are incorporated herein.
b. That Resolution No. 2020-44 adopted on May 13, 2020 is hereby repealed in its entirety.
c. That Ordinance No. 2020-10 adopted on May 13, 2020 is hereby repealed in its entirety.
276
Item8.
d. That Ordinance No. 2020-24 adopted on October 21, 2020 resulting in any amendments to the Escondido Municipal Code is hereby repealed in its entirety including, but not limited to, Escondido Municipal Code § § 6-434(g) and 6-457.
SECTION 4. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.
SECTION 5. That as of the effective date of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 6. The City Council authorizes all subsequent action to be taken by City Officials consistent with this Ordinance.
SECTION 7. That the City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido.
SECTION 8. The Ordinance shall become effective 30 days from the date of the passage.
277
Item8.
STAFF REPORT
January 24, 2024
File Number 0120-15
SUBJECT
SAN DIEGO COUNTY WATER AUTHORITY BOARD OF DIRECTORS VACANCY INTERVIEWS
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council conduct interviews of applicants to fill a vacancy on the San Diego County Water Authority Board of Directors , discuss and consider applicant qualifications, and take action on the vacancy, including appointment of a San Diego County Water Authority Director by approving Resolution No. 2024-13R.
Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
PREVIOUS ACTION
On September 14, 2022, the City Council appointed Councilmember Consuelo Martinez to serve on the San Diego County Water Authority Board of Directors with a term set to expire on October 18, 2028.
On November 15, 2023, Councilmember Martinez was appointed to the San Dieguito River Park JPA Board of Directors.
On January 10, 2024, Councilmember Martinez was removed from the San Diego County Water Authority Board of Directors on January 10, 2024, thus creating a vacancy.
BACKGROUND
On January 10, 2024, the City Council voted unanimously to solicit applications from candidates interested in filling a vacancy on the San Diego County Water Authority Board of Directors, with interviews scheduled for January 24, 2024.
Under the terms of the County Water Authority Act, members of the San Diego County Water Authority Board of Directors hold office for a term of six years until their successors are appointed and qualified.
The term of the City of Escondido’s representative will end on October 18, 2028.
278
Item9.
RESOLUTIONS
a. Resolution No. 2024-13R
ATTACHMENTS
a. Attachment 1 – Candidate Applications
279
Item9.
RESOLUTION NO. 2024-13R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPROVING THE
APPOINTMENT OF ESCONDIDO’S REPRESENTATIVE ON
THE SAN DIEGO COUNTY WATER AUTHORITY BOARD
OF DIRECTORS
WHEREAS pursuant to section 6, paragraph (b) of the County Water Authority Act, the City Council of the City of Escondido may appoint a representative to serve on the San Diego County Water Authority Board of Directors to vote on behalf of the City of Escondido; and WHEREAS, the City Council of the City of Escondido desires to confirm ______________________ as the duly appointed member of the San Diego County Water Authority Board representing the City of Escondido with a term set to expire on October 18, 2028.
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 appoints ___________________ as the duly appointed member of the San Diego County Water Authority Board representing the City of Escondido with a term set to expire on October 18, 2028.
280
Item9.
Name Roberto Garcia
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 2 years
Employer Wermers
Occupation Construction
Business Address 5120 Shoreham Place #150
Business Phone 8586234941
Board of Commission for which you are applying? San Diego County Water Authority 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 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? n/a If so, list name and relationship? n/a
Personal References (Name/Address/Business Address/Occupation) Blanca Romero Community Involvement: List present membership in any community service or civic organizations, if any? Community HousingWorks
Attachment "1"
281
Item9.
Name Kevin Grangetto
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 40
Em
ployer Grangetto's Farm and Garden Supply
Occupation Owner
Business Address 1105 W. Mission Ave, Escondido, CA 92025 Business Phone 7607454671
Board of Commission for which you are applying? San Diego County Water Authority Board of Directors 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) George Weir, Mike Morasco, Sam Abed, Richard Aeling, Ed Grangetto Jr.
Community Involvement: List present membership in any community service or civic organizations, if any? San Diego County Farm Bureau Board of Directors, Tri-City Bible Church Member, San Diego Flower and Plant Association
Attachment "1"
282
Item9.
Name Thomas Kennedy
Address
Do you live in the City of Escondido Limits? Yes
Do you live in the General Plan Area? Tes
Home Phone
Email Address
L
ength of time you lived in the area 25 yea rs
Employer Self Employed
Occupation Water Consultant
Business Address
Business Phone
Board of Commission for which you are applying? SDCWA Representative 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) Consuelo Martinez, Councilmember, City of Escondido Angela Morrow, Interim Utilities Director, City of Escondido David Drake, Board member, Rincon Del Diablo Municipal Water District, 1920 North Iris Lane, Escondido 760- 745-4235 Greg Quist, Board member, Rincon Del Diablo Municipal Water District, 1920 North Iris Lane, Escondido 760-745-4235
Community Involvement: List present membership in any community service or civic organizations, if any? Immediate Past President, Bonsali Rotary Board Member, San Diego County Water Authority representing Rainbow MWD - 2015 - 2023 Past President, California Special Districts Advisory Committee - 2015 - 2019 Member of the Local Agency Formation Commission Special Districts Advisory Committee (elected) 2015-2023
Attachment "1"
283
Item9.
Name Deanna M Smith
Address
Do you live in the City of Escondido Limits? My business has been for 15+ years Do you live in the General Plan Area? Yes
Home Phone
Email Address
Length of time you lived in the area 49 years
Employer Gluten Not Included, Inc.
Occupation President | CEO
Business Address
Business Phone 7604326100
Board of Commission for which you are applying? Water
If you have filed additional applications for other boards or commissions, please list them in order of preference NA
If you are an incumbent, how long have you served in your current position NA Have you ever been a member of any City board or Commission, or employed by the City of Escondido No
If so what capacity? NA
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? NA
Personal References (Name/Address/Business Address/Occupation) Mayor Dane White Judy Fitzgerald - Planning Commissioner, Escondido business owner Jeff Epp - retired Escondido City Manager/Attorney George Weir - retired business owner, philanthropist Jack Raymond - business owner, philanthropist Yessenia Mendoza - business owner, Secretary, Escondido Chamber of Commerce Community Involvement: List present membership in any community service or civic organizations, if any? Madam Chairman, Escondido Chamber of Commerce Sunrise Rotary
284
Item9.
KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP
1/31/2024
CONSENT CALENDAR - (A. MORROW) - NOTICE OF COMPLETION FOR THE MEMBRANE FILTRATION REVERSE OSMOSIS FACILITY PROJECT - Request the City Council adopt Resolution No. 2024-10, authorizing the Interim Director of Utilities to file a Notice of Completion for the Membrane Filtration Reverse Osmosis ("MFRO") Facility Project.
CURRENT BUSINESS - (Z. BECK) - DISSOLUTION OF HISTORIC PRESERVATION COMMISSION - Request the City Council approve the dissolution of the Historic Preservation Commission.
CURRENT BUSINESS - (D. WHITE) - COUNCIL RESOLUTION OPPOSING THE REMOVAL OR REPURPOSING OF ANY EXISTING ROADWAY TRAFFIC LANES - Request the City Council adopt Resolution No. 2023-172, objecting to the removal or repurposing of any travel lanes for purposes of accommodating state or NCTD Climate Goals.
CURRENT BUSINESS - (D. WHITE) - COUNCIL RESOLUTION OBJECTING TO ANY NEW TAXES, CHARGES OR FEES PROPOSED BY SANDAG ON MOTORISTS TO USE ALREADY BUILT LOCAL ROADS AND HIGHWAYS - Request the City Council approve a resolution objecting to any new taxes, charges, or fees proposed by SANDAG on motorists to use already built local roads and highways.
CURRENT BUSINESS - (C. MCKINNEY/J. AXELROD) - AMERICAN RESCUE PLAN ACT PROJECT UPDATE - Request the City Council receive an update on the American Rescue Plan Act funds and Approve the Budget Adjustment Request.
285
Item10.