Mayor Jim Desmond has been cleared of wrongdoing after an independent investigation found no “probable cause” to validate claims he violated campaign finance laws concerning his bid for the District 5 seat on the San Diego County Board of Supervisors.The complaint was filed on May 29 by Realtor Ana Rosvall, among others, who claimed Desmond violated the city’s municipal code (2.16.010), which prohibits votes within 12 months of receiving a donation or receiving donations within 12 months of a vote. Rosavall’s complaint alleged Desmond accepted campaign donations from several sources prior to votes on development projects in the city.“Unfortunately, it was a last-minute campaign hit,” Desmond said. “An independent Elections Council was able to determine very quickly that there was no wrongdoing and I’ve been cleared of all allegations. So, we’re going to continue full speed ahead with the campaign.”Desmond, a republican, is running against Oceanside City Councilman Jerry Kern, also a republican, and Democrats Jacqueline Arsivaud and Michelle Gomez. Many consider Desmond the frontrunner for the June 5 primary. On June 2, Desmond continued his campaign by reaching out to voters.“We are phone calling, we’ve got several people walking precincts,” Desmond said. “We’re making sure people are going to get out and vote.”A letter to Desmond from investigators dated June 1 confirmed he did not violate any ordinances. The independent Elections Council verified what Desmond and his campaign believed since the complaint was filed. John Hoy, Desmond’s campaign consultant, said on May 31 the municipal code in question does not apply to elections outside the city. The code, he added, only applies to candidates running for election in a city race, and not any other jurisdiction.Also, Hoy said Desmond’s attorney, who is also his campaign director, did not send a formal letter to the Elections Council or have any contact with investigators.“Our position is it just simple doesn’t apply to him,” he said on May 29. “That’s a City of San Marcos ordinance drafted to regulate elections in San Marcos. He’s running in the county of San Diego for supervisor under the rules of the County of San Diego. This ordinance is just not applicable in this situation.”A letter from the law firm, states the alleged violations in question are not covered in the municipal code, are barred by the statute of limitations or will be by next Tuesday (June 5) and no sufficient facts to “demonstrate probable cause.” In addition, the letter states the amount of campaign contributions apply only to municipal elections, which has been the position of Desmond and Hoy since May 29.The complaint alleged Farouk Kubba of Vista San Marcos LLC donated $800 to Desmond’s campaign on June 6, 2017, and Desmond voted for the controversial San Marcos Highlands project on Nov. 15, 2017. In addition, $650 was donated to Desmond by David Hammer and Eric Armstrong, who worked on the Brookfield project.“I’m pretty disappointed,” Rosvall said of the investigation. “I feel that these laws should be applied to all elections. It seems like no matter what you do, they’re one step ahead of you.”
Category Archives: Politics
San Marcos Mayor Hit With Campaign Finance Complaint In Bid For County Supervisor Seat Thursday, May 31, 2018 By Leo Castañeda / inewsource Six days before the June 5 election, the city of San Marcos appointed an outside attorney on Wednesday to investigate a complaint alleging Mayor Jim Desmond violated city campaign finance laws as part of his run for the county Board of Supervisors.
Realtor Ana Rosvall filed the complaint on Tuesday with the city clerk and the California Fair Political Practices Commission. She alleges Desmond received contributions too close to when six donors had development projects voted on by the City Council. San Marcos requires a 12-month gap between campaign contributions and council votes. A spokesman for Desmond, a Republican running for Supervisor Bill Horn’s open seat, said he doesn’t believe San Marcos’ campaign finance rules apply to a county race. “The rules that govern our campaign are the county of San Diego rules,” spokesman John Hoy said. “We’re quite certain that we adhere to both the spirit and the letter of the law as they apply to the county supervisor race.” Also running for Horn’s seat are Oceanside Mayor Jerry Kern, a Republican, and two Democrats, Jacqueline Arsivaud and Michelle Gomez. Rosvall said she’s been involved in campaigns to stop housing developments that required zoning changes in San Marcos and unincorporated San Diego County. She’s a Democrat and said she filed the complaint against Desmond because she and others are concerned he is overly influenced by developers. Rosvall said she is happy the city is investigating her complaint. “It’s so amazing that someone is taking us seriously and listening to us, and that it’s a process that’s working the way it’s supposed to,” she said. Campaign finance rules in San Marcos say City Council members can’t vote on an issue that financially affects someone who gave them a campaign contribution of $100 or more during the previous 12 months. Council members also can’t receive contributions of $100 or more in the 12 months after casting a vote that affects that donor. The mayor is part of the council. San Marcos City Attorney Helen Holmes Peak told inewsource Shawn Hagerty, an attorney with Best Best & Krieger, has been hired to investigate Rosvall’s complaint. Hagerty specializes in municipal and water law and is Santee’s city attorney, according to his law firm’s website. The donors listed in the complaint include San Marcos Highlands developer Farouk Kubba. The council approved his project to build 169 single-family homes in November 2016. Kubba contributed $800 to Desmond’s supervisor campaign seven months later in June 2017. Three others working on the project also contributed a total of $1,350 to Desmond’s campaign. Two other donors who had worked on the Brookfield Residential project to build 220 condominiums in San Marcos contributed a total of $650 to Desmond’s campaign. The City Council approved the project in January.
San Marcos Planning Commissioner Eric Flodine today announced his campaign for City Council. Flodine has served on the City Planning Commission for 6 years including 4 years as Chairman. Prior to this, he served 2 years on the City General Plan Advisory Committee.
According to Flodine: “San Marcos is a great community to call home. We are blessed to be the education and recreation hub of North County, and this is the result of the dedication of past councils, City staff, educational leaders, teachers, business leaders and active residents. We have experienced an extraordinary growth rate over the last 20 years. With this growth, we have experienced growing pains.
With my education and career as a community planner, I always tell my kids, “Start with the end in mind and work backwards”. Unfortunately, I have seen too many recent Council decisions being made in a reactionary way. This has resulted in understandable frustration by our City’s residents. I will work with City Staff and other stakeholder agencies to adopt forward thinking, measurable policies that will strengthen our future City decisions.
I will bring PROACTIVE LEADERSHIP to the City Council as our City continues to mature, looking ahead to the next 5, 10 and 20 years.
My plan to make San Marcos the leading community of North County is called C.I.T.Y. and combined with resident and business input will guide my future decisions on the City Council.”
Visit the Flodine campaign website at www.Flodine2018.us
Campaign to focus on reducing traffic, improving infrastructure and protecting quality of life
Three-term City Councilman Chris Orlando today announced his campaign for Mayor of San Marcos. Orlando, who has served on the San Marcos City Council since 2006, announced his intention to run for mayor through social media and an email to supporters.
“My priorities as mayor will be reducing traffic congestion, keeping city finances and infrastructure strong, planning for our future with a more thoughtful approach toward growth, and constantly focusing on improving the quality of life in San Marcos for families, students, and seniors,” said Orlando.
In addition to serving on the Council, Orlando has represented San Marcos on the Board of Directors of the San Diego Association of Governments as the city’s primary member and first alternate since 2014. From 2007 to 2012 he was a member of the North County Transit District’s Board of Directors, serving as chairman from 2010 to 2012 and vice chairman from 2009 to 2010. Before his election to the Council, he was vice chairman of the city’s Planning Commission, serving on the panel from January 2005 to December 2006. He has previously served on the boards of directors for the San Marcos Chamber of Commerce and San Diego Youth and Community Services.
Orlando has been an active part of the San Marcos community for 16 years. As a community member, he advocated for improved fire protection and smarter development, and worked to add the citizens’ voice to city decisions. Orlando has been a strong advocate for schools and improving infrastructure – opposing projects that add to crowded schools and bring more traffic.
“When I was first elected to City Council in 2006, my goal was to be a strong voice for the residents of San Marcos,” said Orlando. “In my time on City Council, I’ve tried to do exactly that – standing up when I thought residents’ voices were not being heard.”
Orlando was the lone “no” vote on the San Marcos City Council in two recent controversial development decisions. In November 2016, the Council voted 4-1 to approve the Highlands project, which annexed unincorporated county land into the city and up-zoned it for the development of 189 units. In January 2018, the Council voted 4-1 to grant Brookfield Homes a General Plan Amendment to build 218 units adjacent to an existing 346-unit project that is under development. A referendum is currently being circulated by residents to overturn the Council’s decision to approve that General Plan Amendment. Orlando voted against both projects based on their traffic impact and a lack of capacity in the schools that would serve the new communities.
The election for San Marcos Mayor takes place November 6, 2018.
SAN MARCOS — Chris Orlando and his son, Ryan, are at a crossroads that few father-and-son duos face together.Call it ‘term limits’ — figuratively and literally. Chris Orlando is a San Marcos City Councilman in the final year of his last four-year term of office. Ryan Orlando, 18, is a standout basketball player at San Marcos High School, playing his final high school basketball season. Both are plotting their next steps. For Chris Orlando, the next step could be a run — for mayor, that is. For Ryan Orlando, it could be a walk — as in “walk-on,” the term for a nonscholarship member of a collegiate basketball team.But both of them are enjoying going through the transition together.“It’s really interesting, as I am considering my next step and watching him do that, the realization that we’re both figuring out what the next chapter is, is kind of cool,” Chris Orlando said. “My son has a strict ‘no pep talk’ policy, so we keep the pep talks to a minimum, but it is neat we are at a new chapter at the same time. It’s been good.”The Orlandos’ respective political and athletic journeys have virtually paralleled each other. The elder was elected in 2006, around the time that the younger first picked up a basketball.
San Marcos Patent Attorney Running for Congress
San Marcos, CA– Today, in view of the announcement by District 49 Representative, Darrell Issa, that he will be retiring, local patent attorney Joshua S. Schoonover announced that he will refocus his campaign to seek office in District 49. “When initially discussing the idea of running for Congress with my wife, Erika, we weighed the options of whether to run in District 49, where our business is located and where most of our friends and business contacts live, or District 50 where we reside. At the time, I thought the people of District 50 most needed the things that I can bring to Congress, however, now with Rep. Issa retiring and no Republican candidate on the ticket, it is clear that I must amend the direction of our campaign and seek office in District 49”, said Schoonover.
Schoonover is a conservative who supports individual freedom, personal accountability, low taxes, small government and a strong military.
More information and a map of the 49th District can be accessed on Schoonover’s campaign website: www.JoshuaSchoonover.com.
Phone: (858) 945-7817
San Elijo Life had an informative conversation with Jason and Scott Simmons. They are two brothers that have grown up in San Marcos and their company they are affiliated with are the developers of this project. Their father also has a historical footprint here in San Marcos as a developer. They are very focused in connecting with the community by providing information on this project. They want to be available to speak and/or meet with anyone to answer questions, hear your feedback and solutions. This is a preview of information on this project and a more detailed article from us is coming soon. They provided this statement below for our San Elijo Life readers to learn more about Copper Hills. The site is a treasure for local residents to hike, bike, run and play and we encourage everyone to go and enjoy the spring green hills and familiarize yourself with the site. The old dump and it’s safety along with the long history of old recycling center are important parts of this area and the history before and during the existence of San Elijo Hills. Traffic, school crowding and designated open space are topics that should be part of the community discussion.
Just southwest of San Elijo Hills town center, nestled in between Old Creek Ranch and the old recycling center, is a little know gem of a property now known as Copper Hills.
You may have hiked or biked from the old recycling center gates on this property on your way to Copper Creek trailheads or the old Copper Mines southwest of San Elijo Hills. The property is currently located in the jurisdiction of the County of San Diego, but is being proposed to annex into the City of San Marcos. This will give us in San Elijo Hills and San Marcos a voice in the proposed uses for the site.
While most of the land will remain in open space; a portion will be developed into usable residential and commercial as well as park space and recreation opportunities. This is the last spot along San Elijo Road that could fulfill some of the needs of the community that have been missing. Potential uses include community gathering facilities, trail access and parking, large park area, a Boys and Girls Club and Teen Center, a skate park, outdoor basketball courts, community pools, congregate care for seniors, family restaurants and breweries as well as a top notch residential community by respected high end builder Colrich Communities, who has built some beautiful communities in San Elijo Hills and Old Creek Ranch.
The developer is actively developing solutions for traffic concerns and while the elementary school will be Carrillo, they understand school impact concerns and will be addressing those with the public’s involvement. Your direct input to the developer is much appreciated and welcomed.
The Bieri Companies, who has owned the property since 2003; however has been working in San Marcos since the 1980’s and is responsible for CSUSM and areas around it is much appreciated developments. Local land planning firm CCI or Consultants Collaborative has been involved from the beginning and both principals live in San Elijo Hills. All 3 firms involved are local and family owned. Please visit www.ExploreCopperHills.com for more information and direct contact information.
*www.ExploreCopperHills.com will be live next week
City of San Marcos officials are encouraging residents to get involved and make a difference in their community by applying for open positions on the Community Services Commission, Planning Commission, San Marcos Community Foundation, Traffic Commission and San Marcos Creek Specific Plan Oversight Commission.
The deadline to apply for each of these openings is Friday, Dec. 16 at 5:30 pm. Appointments will be made after public interviews are conducted by the City Council during its regular meeting on Tuesday, Jan. 10 at 6 pm. Candidates should be prepared to provide a brief presentation discussing their background and qualifications for the desired position.
Detailed eligibility requirements, application instructions and interview requirements are available online at www.san-marcos.net/commissions or by visiting 1 Civic Center Drive.
Two positions are open on city’s Community Services Commission, which has the responsibility of advising the City Council in matters pertaining to the creation, operation, maintenance, management and control of the community recreation programs, of playgrounds and indoor and outdoor recreation, activities, and facilities.
The Planning Commission has four openings for individuals interested in evaluating and making decisions on a variety of land use matters for both long-range and short-range planning within the City of San Marcos. The commission conducts public hearings on significant planning, zoning and land subdivision matters such as specific plans, subdivision maps, conditional use permits and rezones; and handling any other matters as required by the municipal code.
Four positions are open on the San Marcos Community Foundation, which serves to enrich the quality of life for the community of San Marcos by serving as a nonprofit public benefit corporation providing grants to other nonprofit organizations that assist the city or its residents.
The Traffic Commission has three vacancies for residents looking to seek ways to improve traffic conditions, operations and safety, and the administration of enforcement of traffic regulations.
Finally, eight positions are open on the San Marcos Creek Specific Plan Oversight Committee. This body was created for the purpose of monitoring the implementation of the San Marcos Creek Specific Plan as well as conducting a formal progress report on the San Marcos Creek Specific Plan
For more information about applying for a vacancy, please contact the San Marcos City Clerk at (760) 744-1050, ext. 3145 or firstname.lastname@example.org.
For more information about the city’s commissions, please visit www.san-marcos.net.