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HomeMy WebLinkAbout1979-10-02; City Council; 5860-1; Local conflict of interest codeCITY OF CARLSBAD ' ,---a AGENDA BILL NO.-nt - #1 DATE : October 2, 1979 DEPARTMENT: City Attorney Initial: Dept . Hd. C. Atty. C. Mgr. Subject: LOCAL CONFLICT OF INTEREST CODE Statement of the Matter The Political Reform Act of 1974 was approved as an initiative measure by a substantial majority of California's voters. Since its adoption, the City Council and the City Manager have been satisfying a part of its requirements by filing annual financial disclosure statements. Act requires that the Council adopt a Local Conflict of Interest Code to require certain other City employees and officers to make similar disclosures. A memorandum to the City Manager, dated May 21, 1979, explaining this requirement is attached. The City Council, at your June 5, 1979 meeting, adopted Resolution 5789 setting a deadline for the preparation of a Local Conflict of Interest Code and approving Rules of Procedures therefor. A copy of the Rules of Interest Code is attached. The original deadline of September 5, 1979 was extended by the City Council until October 2, 1979. We have proceeded as directed in accordance with the rules. The proposed code and the other submittals required by rule 10 are attached and the matter is before the City Council for public hearing. The Procedure For Approval and Adoption of the Conflict of ., Exhibits , City Attorney's memorandum dated May 21, 1979. , Rules of Procedure for Approval and Adoption of Conflict of Interest Codes Proposed Local Conflict of Interest Code Declaration of Compliance with Notice of Hearing Requirements Summary of Agencies' Public Hearing Recommendation That after a full public hearing, the City Council, by motion, approve the proposed Code as submitted and return the Code to the Agencies for implementation. other two options afforded by Rule 15. The Council may also wish to consider the Council Action: '0-2-79 Council approved the proposed code as submitted and returned to Agencies for implementation. .. . MEMORANDUM DATE : May 21, 1979 TO : City Manager FROM: City Attorney SUBJECT: ADOPTION OF LOCAL CONFLICT OF INTEREST CODE - Government Code Sections 87300 et seq. (Chapter 7, Article 3 of the Political Reform Act of 1974). requires our City to adopt local Conflict of Interest Codes. On August 17, 1976, by adoption of Resolution No. 3985, a Code was adopted for the City Council. The Fair Political Practices Commission, acting as the Council's Code Reviewing Body, approved it on October 19, 1976. We are also obligated to adopt a code for any person who . holds a position which entails the making or participation in the making of governmental decisions which may fore- seeably have a material financial effect on a financial interest. These persons , called "designated employees", must make certain financial disclosure pursuant to the local code. This requirement applies to all designated employees within "Agencies" of the City which are defined by The Act as including all City departments and some of our boards and .commissions. The Act does not specify a deadline for this code but most of the other cities in the county have already acted and it is my recommendation that we proceed with our's as soon as possible. The City Council is the Code Reviewing Body for these local co.des. Section 87303 of the Government Code provides that a proposed local code must be submitted by the deadline established for the agency by the Code Reviewing Body and that no code shall be effective until it is approved by the Code Reviewing Body. Once approved, the code will supersede the conflict of interest and financial disclosure provisions of the Moscone Act and Chapter 2.02 of the Carlsbad Municipal Code currently applicable to the Planning Commission, the City Manager's assistants and certain department heads and planning officials. It will also apply to a number of persons not now covered, including the City Attorney. The first step in the process is for the City Council to adopt a resolution setting a deadline for the adoption of the Conflict of Interest Code applicable to all designated employees of the City of Carlsbad. I suggest ninety days, from the date the resolution is adopted,,is a reasonable time. The resolution and an agenda bill to submit it to the City Council, is attached. .. . . . . _- City Manager -2- Iaay 21, 1979 The resolution also designates those boards, commissions, officials and employees which shall be considered agencies for purposes of The Act. I have made a judgment that we . should exclude all advisory boards and commissions. It is possible to argue they should be included but considering that they are unsalaried, the size of our City, the admin- istrative burdens involved with handling that number of disclosure statements, the minimal value from requiring di.sclosure and the practice of other cities in our area, it is recommended that only those boards and commissions who are empowered to make decisions on behalf of the City be included. My review indicates only the Planning Commission and the Building Advisory and Appeals Board fall in that category. It is the policy of The Act to formulate local codes at the most decentralized level possible (587301). The decision of the appropriate level to be deemed an agency is one for the Council. It is generally accepted that in cities of our size it is not necessary to have each department be an agency. It is my recommendation that we, in effect, desig- nate the entire City staff as one agency. The resolution makes you responsible for preparing the code for all City departments which are under your direction and determines that it is not reasonable to reach any €urther into the administrative structure in developing our code. It also directs the Chairmen of the Planning Commission and the Building Advisory and Appeals Board, myself, the City Clerk and the City Treasurer to develop codes for their "agencies" as a part of your effort for the rest of the City. Finally, the resolution adopts a set of Rules of Procedure for Approval and Adoption of Conflict of Interest Codes. They provide for a public hearing process whereby interested employees, employee organizations and members of the general public may comment upon and suggest changes in the proposed code. In order to be of assistance in the process of drafting, considering and adopting such Conflict of Interest Code, we have attached hereto a proce-dural outline of the initial steps involved with the adoption of the resolution. We have also attached a proposed Conflict of Interest Code which would be used by all of the City's agencies. We think that the procedural arrangements established by the outline, the resolution and the rules of procedure comply with the requirements of the Political Reform Act of 1974, and that the proposed Conflict of Interest Code is, by and .. ~ , . . City Manager -3- may 21, 1979 large, predetermined by the requirements of the Political Reform Act. should be reviewed carefully by the City Attorney before approval. The one area in which local public agencies have the greatest amount of discretion is in the content of Section 300. The Act requires that employees involved in making or participating in making governmental decisions which may have a material financfal effect on a financial interest should be designated employees and subject to disclosure requirements. However, it leaves to each local . agency, which knows its own organization best, to determine which of its employees fall into such category. As a consequence, the contents of Section 300 should be the focus of primary attention in arriving at a local conflict of Interest Code. Any changes considered or proposed therein - We have taken the liberty to set forth in the proposed code those positions which we feel fall within the prescribed category. We have also indicated our views therein with regard to the nature of the disclosuress to be required by each of the persons occupying such positions. This is the large area of local discretion and may reasonably be modified upon further investigation, employee comment, and expressions from members of the general public. attached are lists of designated employees from the Cities of El Cajon and Vista. As discusse'd previously, in regard to the designation of the City's agencies, we included both the Planning Commission and the Building Advisory and Appeals Board only because all of the other boards and commissions are unsalaried and advisory only. We included all department heads and most'of the administrative management team. With regard to lower level employees in determining which positions should be designated positions, the primary criteria for deciding whether or not the disclosure should be required, is whether or not in negotiating, advising and making recommendations their actions are subject to significant substantive review by their supervisors. If they are subject to significant substantive review by supervisors, then that particular position may not need to be'included as a designated position. Wherever the action of an employee is'not subject to significant substantive review, it should be designated as a designated position for the purposes of disclosing financial interests which could result in a conflict of interest. FQr comparison purposes City Manager -4- .-Nay. 2.1, 1979 To summarize, the first step in adopting our local Conflict of Interest Code is to have the Council adopt the attached resolution setting the deadline date for submission. The second step then is to review the proposed Conflict of Interest Code and then to have you promulgate and hold hearings on the code as provided in the procedural rules, arriving at a code which is satisfactory to yourself and the other agency heads. The code is then submitted to the City Council who,.after public hearings, approve it by resolution. We will then prepare the forms and manuals necessary to its administration. If you need further assistance, please let us know. VINCENT F. BIONDO, JR. City Attorney VFB/mla Attachments , . 1. 2. 3. 4. RULES OF PROCEDURE FOR APPROVAL ~ -~ .AND ADOPTION OF CONFLICT OF INTEREST CODES The City Manager, with the aid and assistance of the Chairmen of the Planning Commission and the Building Advisory and Appeals Board, the City Clerk, City Treasurer and City Attorney, members of which should be designated employees within the meaning' of Government Code Section 82019 because the positions entail the making or participating in decisions which may foresee- ably have a material effect on any financial interests, and with the approval of the City Attorney, shall draft a Conflict of Interest Code for the Agency as constituted in Paragraph 2. The Planning Commission, Building Advisory and Appeals Board, City Clerk, City Treasurer, City Attorney and City Manager shall constitute "Agencies" within the meaning of Section 87300 of the Government Code for which a Conflict of Interest Code shall be promulgated and adopted pursuant to these rules. Each chairman of such Board or Commission, the City Clerk, City Treasurer and City Attorney shall be responsible for and approve those portions of the Conflict of Interest Code appli- cable to the members of his Agency and the City Manager shall be responsible for and approve the portions of the Conflict of Interest Code applicable to all other persons. Upon completion a draft of such Code shall be forwarded to the City Clerk. The City Clerk shall notice the proposed Code for hearing before the City Manager, City Clerk, City Treasurer, City Attorney, the Planning Commission and the Building Advisory and Appeals Board (hereinafter "Agencies") held in the City Council Chambers at such time as the Clerk ascertains it is convenient for the participants. . The City Clerk shall publish notice of such hearing once in the Carlsbad Clerk shall also mail notice thereof to all news media covering the City, all employee organizations, all employees listed in the proposed Code as designated employees, and to other interested persons at least ten days prior to the hearing. The notice shall be sub- stantj-ally in the form of Exhibit A, attached hereto. . Journal at least ten days prior to the hearing. The All persons wishing to comment on any provision of the proposed Code may submit in writing to the City Manager, on behalf of the Agencies, a concise statement of their objections to the proposed Code. . .. 5. On the date and at the time and place designated in the notice the Agencies shall afford the Agency or any interested person or his or her duly authorized repre- sentative, or both, the opportunity to present state- ments, arguments or contentions in writing. Oral testimony shall be encouraged; however, oral statements may be limited to the discretion of the Agencies but may be supplemented by written statements. The Agencies shall consider all relevant matters presented to them during the public hearing or appearing on the record of such hearing prior to approving or revising the proposed Code or returning the proposed Code to the Agencies for revision. 6. During any hearing held pursuant to these rules of procedure the Agencies shall have authority to continue or postpone such hearing from time to time and at such place as they shall determine. 7. After a full hearing by the Agencies they shall: (a) Approve the proposed Code as submitted, (b) Revise the proposed Code and approve it as revised, or (c) Return the proposed Code to the Agencies for revision and resubmission. .8. , After completion of its own hearing pursuant to Government Code,Section 87311, and its tentative adoption of its . Conflict of Interest Code, the Agencies shall submit an original and two copies of its proposed Code to the City Council by the established deadline. 9.. A proposed Conflict of Interest Code of the Agency shall be deemed to be received for purposes of review pursuant to Government Code Section 87303 on the dead- line date if submitted to tlie City Council earlier than the deadline date. 10. The proposed Code shall satisfy the requirements of Government Code Section 87300, et seq. The Code shall be accompanied by: (a) A declaration of the City Manager, City 'Clerk, City Treasurer, City Attorney, and chairmen of the Planning Commission and the Building Advisory and Appeals Board declaring that the Agencies have satisfied the notice and hearing requirements preliminary to the formation of the Code pursuant to Government Code Section 8731.1. -2- (b) A summary of the hearing held by the Agencies with appropriate identification of any areas of controversy and their manner of resolution. (c) The original or one copy of all submissions made to the Agencies regarding the proposed Code, requests the admission of the submission from the record of the Agencies' hearing. , unless the person making.the written submission (d) The names and addresses of a11 persons who participated in the public hearing of the Agencies on the proposed Code or who requested notice from the Agencies of the date for hearing on the adoption of the Code by the City Council. 11. Within ten days of receipt of the proposed Code by the City Council pursuant to Paragraph 9, the City Clerk shall notice the proposed Code for hearing before the City Council to be held no later than the forty-fifth day following receipt of the Code. Notice shall be published and mailed in accordance with the provisions of Paragraph 3. 12. 13. All persons wishing to comment on any provisions of the proposed Code may submit in writing to the City Council a concise statement of their objections to the proposed Code. On the date and at the time and place designated in its notice, the City Council shall afford any agency or interested person, or his or her duly authorized representative, or both, the opportunity to present statements, arguments or contentions in writing. Oral testimony shall be encouraged; however, all oral state- ments may be limited at the discretion of the Mayor or may be supplemented by written statements. Council shall consider all relevant matters presented to it during the public hearing or appearing on the record of such hearing prior to approving or revising and approving the proposed Code or returning the proposed Code to the Agencies for revision. The City 14. During any public hearing held pursuant to this rules of procedure the City Council shall have the authority to continue or postpone such hearing from time to time and at such place as it shall determine. -3- 15. After 'a full hearing the City Council shall: (a) Approve the proposed Code as submitted and return the Code to the Agencies for implementation, or . (b) Revise the proposed Code and approve it as revised and return the proposed Code to the Agencies for implementation, or (c) Return the proposed Code to the Agencies for revision and resubmission within sixty days. . -4- CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD The agencies designated by the City Council hereby submit the following Conflict of Interest Code to the City Council of Comm i s s i on Advisory and Appeals Board City Treasurer Received on behalf of the City Council of the City of Carl sbad. Dated: A?, /977 City Clerk t. The following Conflict of Interest Code, having been submitted by the agencies designated above, was approved by order of the Code Reviewing Body on nrtohpr 7, 1979 I Other action if any: City Clerk BY OAA SUMMARY OF PUBLIC HEARING ON ADOPTION OF CONFLICT OF INTEREST CODE Held Before: Designated Agencies of the City of Carlsbad Date: September 12, 1979 Time : 4:OO P.M. Place: City Council Chambers The following Agency Heads were present: Vincent F. Biondo, Jr., City Attorney Aletha L. Rautenkranz, City Clerk Paul D. Bussey, City Manager Frank Rice, City Treasurer Stephen M. L'Heureux, Chairman/Planning Commission Robert Ladwig, Chairman/Building Advisory & Appeals Board The City Attorney commenced the hearing at 4:OO P.M., stating the purpose was to consider promulgation of a local Conflict of Interest Code for the Agencies of the City of Carlsbad. Daniel Hentschke, Assistant City Attorney, reviewed the provisions of the proposed Code, indicating they were dictated by the Government Code and regulations established by the Fair Political Practices Commission, pursuant to the Political Reform Act of 1974. Mr. Hentschke referenced two maps which indicated the jurisdiction of the City of Carlsbad and properties owned by the City of Carlsbad within the City of Oceanside, respectively, as being two miles outside the City limits of Carlsbad and two miles around any property owned by the City for the most inclusive disclosure categories, and 500 feet outside the Carlsbad City Limits and 500 feet around any property owned by the City for the lesser disclosure categories. Mr. Hentschke then outlined the contents of the instruction manual and explained and defined the disclosure requirements. The City Attorney then indicated that the proposed local Conflict of Interest Code, when adopted, would remove the need to disclose under the Moscone Act and all disclosures would be consistent under the provisions of Proposition 9 (Political Reform Act of 1974). The City Clerk then indicated that notices had been sent as required by the rules and procedure and that no written comments had been received in response thereto. In response to a question by Robert Ladwig, the Assistant City Attorney indicated that adoption of the proposed Code was required by the provisions of the Government Code and failure to comply with such Code when adopted had been determined to be a criminal violation. -1- In response to a question by Ronald Beckman, Public Works Administrator, the City Attorney indicated that the City Clerk was the filing officer for disclosure statements. Each individual required to file under the Code would be responsible for timely filing on their own initiative. had agreed to calendar the due dates and make forms available at the appropriate time. At that time, the Assistant City Attorney indicated that two changes had been made to the proposed Code since the time same had been distributed: It was noted that the City Clerk 1. On Page 7 under Category E, the reference to Subsection B had been changed to Subsection 2, since there was no Subsection B. 2. On Page 7 under Category E (continued on Page S), an additional subsection had been added to Subsection (2) to read: "Gifts exchanged between a designated employee and an individual on holidays, birthdays and similar occasions except to the extent that the gift given by the employee exceeds the value of the gift received is excluded from income." Mr. Hentschke noted the change was made to conform the Code to the existing regulations outlined in the instruction manual. Mr. Beckman referenced the second map indicating the northerly part of Oceanside which was the holding of the water enterprise. Mr. Beckman did not feel that with the exception of the Public Works Administrator, the City Manager and the Utilities Director, that any other appointive officer would be involved in decisions impacting same. He noted that there were no serving rights -- only tanks and a pump station. Discussion then centered around the definition of jurisdiction as it applied to Planning Commissioners in that Mr. L'Heureux expressed concerns that the extent of disclosure required for them was not justified in view of the decisions with which the Commission was charged. Specifically, Mr. L'Heureux felt that the Planning Commission could not make any decisions or recommendations with regard to any item beyond the City limits of Carlsbad and therefore should not be required to disclose interests outside of same, but yet within the service area of Encina. Mr. Biondo responded that Encina had been included in the proposed local Code in that it had been determined that the Joint Advisory Committee of Encina was not an independent legal entity and would not be adopting its own local code. Consequently, those officials whose duties involve decisions affecting Encina would have to include Encina within the definition of the City's jurisdiction. In response to a question by Mr. Rice, Mr. Biondo indicated that Ex-Officio offices were excluded since in his view they do not participate in the making of any policy decisions. -2- The City Attorney then closed the public hearing at 4:40 P.M. and enumerated the three options available to Agency Heads in making the decision required under the rules and procedures. The Agency Heads submitted the Code to the City Council. of the Planning Commission, Mr. L'Heureux requested the following modifications: On behalf "That the definition of jurisdiction be modified so as to require Planning Commissioners to disclose interests within the Encina service area outside the limits of the City of Carlsbad; to not require Planning Commissioners to disclose in accordance with the City of Carlsbad owned property located in the City of Oceanside; and that a map be included which delineated the areas applicable for disclosure. " The only area of controversy involved the need to disclose within two miles of the Water Department property in Oceanside. Several people were of the view that there was no possibility that their decisions could affect interests in Oceanside. The matter was resolved by the City Attorney's recommendation that the disclosure only be required for interests within 500 feet of the Water property. forwarded to the City Council. Such change has been incorporated in the draft Code The City Attorney concurs in the changes and they have been incorporated in the draft Code. The following is a list of the names and addresses of the people appearing at the hearing: Ronald Beckman, 4872 Sevilla Way, Carlsbad, CA Les Evans, 3106 Quebrada Circle, Carlsbad, CA Jim Elliott, 1007 Alberta, Oceanside, CA Bob Wojcik, 3699 Barnard Drive, Oceanside, CA Jim Hagaman, 5320 Sunnycreek Road, Carlsbad, CA Mike Zander, 906 Woodgrove Drive, Cardiff, CA E. J. Jose, 2099 Truesdell Lane, Carlsbad, CA ... NOTICE OF PUBLIC HEARING ON ADOPTION OF CONFLICT OF INTEREST CODE BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA NOTICE IS HEREBY GIVEN that the City Council, of the City of Carlsbad, California, will hold a public hearing on October 2, 1979, at 6:OO P.M., in the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, pursuant to the Political Reform Act of 1974 (Title 9, commencing with Section 8100, of the Government Code) to consider adoption of a Conflict of Interest Code for the agencies of the City of Carlsbad, as specifically required by Section 87300, - et seq. of the Government Code. The proposed Conflict of Interest Code will require each member of the Building Advisory and Appeals Board and each member of the Planning Commission and certain officers and employees of the City of Carlsbad to disclose investments, interests in real property, and income as required under Section 87200 of the Government Code, and also will require each such person to disqualify him/herself from making or participating in the making of any decision which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any financial interest, as defined in Government Code Section 87103. Under the proposed Code, no such person would be prevented, however, from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. Section 87311 of the Government Code requires that the review and preparation of Conflict of Interest Codes by local government agencies shall be carried out under procedures which guarantee to residents of the jurisdiction adequate notice and a fair opportunity to present their views. Accordingly, any interested party may appear at the date and time stated above and be heard concerning the City of Carlsbad Conflict of Interest Code. A copy of the proposed Code and rules of procedure for the conduct of the public hearing are available for inspection at the office of the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California. PUBLISH: September 22, 1979 CITY CLERK NOTICE OF PUBLIC HEARING ON ADOPTION OF CONFLICT OF INTEREST CODE BY THE CITY OF CARLSBAD, CALIFORNIA NOTICE IS HEREBY GIVEN that the City Clerk, City Manager, City Attorney, City Treasurer, Chaffman of the Building Advisory and Appeals Board and Chairman of the Planning Comnission will hold a public hearing on September 12, 1979, at 4:OO P.M. in City Council Chambers of the City of Carlsbad, at 1200 Elm Avenue, Carlsbad, California, pursuant to the Political Reform Act of 1974 (Title 9, commencing with Section 81000, of the Govern- ment Code) to consider adoption of a Conflict of Interest Code for the agencies of the City of Carlsbad as specifically required by Section 87300, et seq. of the Government Code. The proposed Conflict of Interest Code will require each member of the Building Advisory and Appeals Board and the Planning Comnission and certain officers and employees of the City of Carlsbad to disclose investments, interests in real property, and income as required under Section 87200 of the Government Code, and also will require each such person to disqualify himself from making or participating in the making of any decision which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any financial interest, as defined in Government Code Section 87103. vented, however, from making or participating in the making of any decision to the extent his participation is legally required for the decision to be made. Under the Proposed Code, no such person would be pre- -- Section 87311 of preparation of Confl shall be carried out jurisdiction adequat the Government Code requires that the review and ct of Interest Codes by local government agencies under procedures which guarantee to residents of the notice and a fair opportunity to present their views. Accordingly, any interested party may appear at the date and time stated above and be heard concerning the City of Carlsbad Conflict of Interest Code. A copy of of the public City Clerk, C the proposed code and the rules of procedure for the conduct hearing are available for inspection at the office of the ty of Carlsbad, 1200 Elm Avenue, Carlsbad, California. LZ&&- ALETHA RAUTENKRANZ City Clerk Decreed A Legal Newspaper by the Superior Court of Son Diego County 3088 PIO PICO AVENUE P.O. BOX 248 CARLSBAD, CA 92008 0 729-2345 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entireissue of said newspaper and not in any supplement thereof on the following dates, to-wit: .September. 22.. ............... 19..79 2M 15-79 ................................. 19 .... ................................. 19 .... under Secffoa‘BS200 0ftheGorenuoent Person to ditgudiFy him/bersclf &om making oiprtieipating m uta mkiw Of any decision which r%U rot+sSeably have a rnalmdaaancdef%ct.&stiw guishable bar it8 effee w the pubkc ~enerally. financial ram as defined in Oacrnwnt Code Section 87103. Undcp%be proposed Code, 110 ever, from mkms or participating in the makingdmydecuionto theaunt quirea forthedeanon DO bt we. Preparation of Conan of tntemt Codes by id government agencies shall be cmbd out under pmecdWe. whrch Buarrntet to residents or the l~risdiction adequatenotree aadapir cordingly.amhbsmted party m qyap pear at thedateand time rtaw a- and be heard concerning the c~ty d Car1sb.d C~~lllct of Interest Code. 1 A COPY of the proposed Coda and rules of procedure for the conduct or Code. and .Is0 rill reqqire ewh such ................................. 19.s.. 19 ................................. .... Such penon d k prevented hbla his or her pttmrpatlon IS 1~~9 16 Section 81311 of Me Government Code requires tbat the review and State of California on F! 3rd I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad County of San Diego, OPPortuDltJ te pment their new. Ac. Clerk of the Printer ~“yQ _q--f_rr_-l--.._l------ .- ___* I__(_---- .-z*- -- __I - _-- - - - -- -- -- - - -ma I--- - I c Decree - Legal Newspaper by the Superior Court of S, Xego County 3088 PI0 PI P AVENUE 0 P.O. BOX 248 CARLSBAO, CA 5.- J8 729-2345 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for thddissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 1 193 ................................ ................................. 19 .... ................................. 19 .... ................................. 19 .... ................................. 19 .... 2M 15-79 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad County of San Diego, State of California on the fst * Clerk of the Printer