HomeMy WebLinkAbout2012-05-22; City Council; 20902; Amending Local Conflict of Interest Code Apply Former Carlsbad Redevelopment Agency Designations to Successor Agency, Add Oversight Board, Adopt Revised Appendix Designating Positions for Both EntitiesCITY OF CARLSBAD ~ AGENDA BILL
AB#
MTG.
20,902
5/22/12
DEPT. CITY ATTY
AMENDMENT TO LOCAL CONFLICT
OF INTEREST CODE TO APPLY
FORMER CARLSBAD
REDEVELOPMENT AGENCY
DESIGNATIONS TO THE SUCCESSOR
AGENCY, ADD THE OVERSIGHT
BOARD, AND ADOPT A REVISED
APPENDIX DESIGNATING POSITIONS
FOR BOTH ENTITIES
DEPT.DIRECTOR
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2012-114 amending the Local Conflict of Interest Code to
apply former Carisbad Redevelopment Agency designations to the City of Carisbad
Successor Agency , and to add the Oversight Board as a designated entity, and adopt a
revised appendix designating positions for both entities.
ITEM EXPLANATION:
As a result of ABX1 26 adopted in June, 2011, the Carlsbad Redevelopment Agency was
dissolved as of February 1, 2012. In an action taken by the City Council in its meeting of
January 10, 2012, the City of Carisbad was designated as the Successor Agency to the
Carisbad Redevelopment Agency charged with carrying out the enforceable obligations of the
former Redevelopment Agency. The Successor Agency has a seven-member Oversight
Board established by ABX1 26 to oversee the Successor Agency in its efforts to wind down
the former Redevelopment Agency's operations. The Oversight Board is also required to
direct the Successor Agency to carry out specific tasks, including the disposal of the former
Redevelopment Agency's assets and properties, transfer of affordable housing
responsibilities to the entity that assumes those responsibilities, and the termination or re-
negotiation of outstanding agreements, that would in the best interest of the taxing entities.
The Oversight Board has a fiduciary responsibility to holders of enforceable obligations and
the taxing entities that benefit from the distribution of property tax and other revenues.
The Fair Political Practices Act and its Conflict of Interest Code provisions require public
officials to disclose information about their flnancial interests that can be materially affected
DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball(5)carisbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
WITHDRAWN • RETURNED TO STAFF •
AMENDED • COUNCIL RECEIVED THE •
REPORT/PRESENTATION
OTHER-SEE MINUTES •
Page 2
by their official action and to disqualify them from acting when they have conflicts of interest
(Government Code § 81002(c)). Each "agency" is required to adopt its own conflict of
interest code.
Government Code § 87301 ultimately leaves the determination of what constitutes an
"agency," and thus the decision of which entity is obligated to adopt the code, to the code
reviewing body.
Since the City of Carisbad is serving as the Successor Agency for the Carisbad
Redevelopment Agency, the City Council is the code reviewing body of the Successor
Agency and its Oversight Board (Government Code § 82011(c)).
The City Attorney is recommending that the former Redevelopment Agency's Conflict of
Interest Code be amended to apply, as appropriate, to the activities ofthe Successor Agency.
For purposes of the Act, the Oversight Board is also deemed to be a local entity. (Health &
Safety Code §§ 34179 (e)) and it is recommended that the Oversight Board be added to the
existing conflict of Interest Code for the City and related agencies. (Government Code
§87301 provides that Conflict of Interest codes shall be formulated at the most decentralized
level possible and questions related to the formation of a code are resolved by the code
reviewing body.)
The Oversight Board is a new agency whose positions should be added to the existing Local
Conflict of Interest Code for that entity as follows:
• Member appointed by the County Board of Supervisors.
Member appointed by the Mayor of the City of Carisbad.
• Member appointed by Tri-City Hospital (largest special district)
• Member appointed by the County Superintendent of Education or Board.
• Member appointed by Chancellor of California Community Colleges to represent the
Community College District
• Member of the public appointed by the County Board of Supervisors.
• Member representing the employees of the former Redevelopment Agency appointed
by the Mayor of Carisbad.
Disclosure for each position is tailored to the scope of the official's job duties, (Government
Code §§ 87300-87313).
According to guidance provided by the Fair Political Practices Commission in its letter of April
25, 2012, to the California League of Cities, if the agency for which an official flies a
Statement of Economic Interests under Government Code § 87200 shares the same, or is
wholly located within the same geographical jurisdiction as the Oversight Board, the official
does not have to flie a Statement of Economic Interests with the Oversight Board. However,
if this is not the case, the official must flie his or her Statement of Economic Interests with
both agencies. The jurisdiction of the Successor Agency and the Oversight Board is the
same.
Existing designated employees should flie a Statement of Economic Interests pursuant to the
provisions of regulation 18735 and employees in newly created positions should flie pursuant
to regulation 18734. It is recommended that the fliing officer for the Successor Agency
Page 3
designated employees and Oversight Board members be the City of Carisbad as the code
reviewing body (§ 87500(p)).
FISCAL IMPACT:
There is minor increase in administrative costs to distribute, complete and flie the disclosure
forms.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a
"project" within the meaning of CEQA in that it has no potential to cause either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change
in the environment, and therefore does not require environmental review.
EXHIBITS:
1. Resolution No. 2012-114
2. Existing Local Conflict of Interest and Appendix (redlined)
3. Amended Local Conflict of Interest and Appendix
1 RESOLUTION NO. 2012-114
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDMING THE LOCAL
^ CONFLICT OF INTEREST CODE TO APPLY FORMER
REDEVELOPMENT AGENCY DESIGNATIONS TO THE
SUCCESSOR AGENCY, ADD THE OVERSIGHT BOARD,
5 AND ADOPT A REVISED APPENDIX DESIGNATING
POSITIONS FOR BOTH ENTITIES
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8 WHEREAS, as a result of ABX1 26 adopted in June, 2011, the Carlsbad
^ Redevelopment Agency was dissolved as of February 1, 2012; and
WHEREAS, the City Council in its meeting of January 10, 2012,
designated the City of Carisbad as the Successor Agency to the Carisbad
Redevelopment Agency charged with carrying out the enforceable obligations of the
former Redevelopment Agency; and
WHEREAS, the Successor Agency has a seven-member Oversight Board
16 established by ABX1 26 to oversee the Successor Agency in its efforts to wind down the
17 former Redevelopment Agency's operations; and
18 WHEREAS, the Oversight Board is also required to direct the Successor
Agency to carry out specific tasks, including the disposal of the former Redevelopment
Agency's assets and properties, transfer of affordable housing responsibilities to the
entity that assumes those responsibilities, and the termination or re-negotiation of
outstanding agreements, that would in the best interest of the taxing entities; and
WHEREAS, the oversight Board has a fiduciary responsibility to holders of
enforceable obligations and the taxing entities that benefit from the distribution of
26 property tax and other revenues; and
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1 WHEREAS, the Political Reform Act of 1974 ("Act") and its Conflict of
2 Interest Code provisions require public officials to disclose information about their
^ flnancial interests that can be materially affected by their official action and to disqualify
them from acting when they have conflicts of interest (Government Code § 81002(c));
and
WHEREAS, the Act requires each "agency" to adopt its own conflict of
interest code; and
WHEREAS, the Act leaves the determination of what constitutes an
"agency" and the decision of which entity is obligated to adopt the code to the code
11 reviewing body (Government Code § 87301); and
12 WHEREAS, the Act provides that conflict of interest codes shall be
13 formulated at the most decentralized level possible and questions related to the
formation of a code shall be resolved by the code reviewing body (Government Code §
87301); and
WHEREAS, the Oversight Board is deemed to be a local entity for
purposes of the Act (Health & Safety Code § 34179(e)); and
WHEREAS, since the City of Carisbad is serving as Successor Agency for
the Redevelopment Agency, the City Council is the code reviewing body of the
21 Successor Agency and its Oversight Board (Government Code § 82011(c)); and
22 WHEREAS, the former Redevelopment Agency's Conflict of Interest Code
23 may be amended to apply, as appropriate, to the activities of the Successor Agency;
24 and
2^ WHEREAS, provisions of the Act require an amendment to said code due
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to changed circumstances, changed duties or new positions; and
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1 WHEREAS, the City Attorney has prepared amendments to the Appendix
2 that are required to be incorporated in said code; and
^ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the former Carisbad Redevelopment Agency Conflict of Interest
Code and Appendix is amended to apply, as appropriate, to the activities of the
9 Successor Agency.
10 3. That the Oversight Board as a new agency is added to the existing
^ 1 Conflict of Interest Code for the City and related agencies.
4. That the attached revised Conflict of Interest Code and Appendix for the
combined City of Carisbad, City of Carisbad as Successor Agency to the Carisbad
Redevelopment Agency, Oversight Board for the Successor Agency, Carlsbad
Municipal Water District and Carisbad Public Financing Authority reflecting the changed
circumstances in agencies, positions and disclosure categories since the last
18 amendment, is hereby approved.
19 5. That the fliing officer for the Successor Agency designated employees and
2^ Oversight Board members is the City of Carisbad as the code reviewing body
2^ (Government Code § 87500(p)).
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carisbad on the 22""^ day of May, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
MATT MALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL) i^^.P^'.
CONFLICT OF INTEREST CODE OF
THE CITY OF CARLSBAD
AND
THE CARLSBAD HOUSING AND REDEVELOPMENT AGENCY
CITY OF CARLSBAD AS SUCCESSOR AGENCY TO THE CARLSBAD
REDEVELOPMENT AGENCY
AND
OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY
AND
THE CARLSBAD MUNICIPAL WATER DISTRICT
AND
THE CARLSBAD PUBLIC FINANCING AUTHORITY
ARTICLE I. GENERAL
SECTION I: Titie: This Code shall be known and may be cited as "Conflict Of Interest
Code of the City Of Carisbad, Carisbad Housing and Rodovolopmont Agoncy
Successor Aqencv to the Carisbad Redevelopment Aqencv, Oversiaht Board to the
Successor Aqencv. Carisbad Municipal Water District, and Carisbad Public Financing
Authority."
SECTION II: Authoritv: This Code is adopted pursuant to the provisions of the "Political
Reform Act of 1974", Titie 9 of the Government Code commencing with Government
Code Section 81000 and Section 18730 of Article 2 of Chapter 7 of Division 6 of Titie 2
of the California Code of Regulations.
SECTION III: Purpose: This Code is adopted in order to:
A. Assure that all employees designated herein perform their duties in an
impartial manner, free from bias caused by financial interests;
Page 1 of 4 September 28, 2010
B. Enumerate and differentiate the positions of employment within the City which
involve the making of decisions which may foreseeably have a material effect
upon a financial interest;
C. Require the disclosure of such interests, by setting forth the specific types of
interests which are reportable for each position;
D. Require that designated employees disqualify themselves from participation
in City decision-making which may involve a conflict of interest.
SECTION IV: Incorporation bv Reference: The provisions of Titie 2 California Code of
Regulations Section 18730, except Section 9.5 thereof, a copy of which is attached
hereto marked Exhibit "A", are hereby incorporated by this reference and constitute the
Conflict of Interest Code of the City of Carisbad, Carisbad Housing and Rodovolopment
AgenevSuccessor Aqencv to the Carisbad Redevelopment Aqencv, Oversiqht Board for
the Successor Aqencv. Carisbad Municipal Water District and the Carisbad Public
Financing Authority.
SECTION V: Amendments: Section of the Code found in Titie 2 California Code of
Regulations Section 18730 Is replaced with the following Section 4:
Section 4: All designated employees shall file the statements of
economic interests required herein with the City Clerk of the City
of Carisbad. Where the person filing such statements is
required to file multiple statements on account of his or her
capacity in both City and Agency, District and/or Authority, filing
may be made on a single form(s), specifying therein that it is
filed in both capacities.
APPENDIX
A. Persons holding positions listed in the Appendix are required to file the initial,
annual, and leaving office statements of financial interest required by this
Code for the types of interests in the categories set forth in the column
"Disclosure Categories" opposite the column "Designated Positions". It has
been determined that these persons make or participate in making decisions
which foreseeably may have a material effect on such financial interests if
those interests meet certain monetary thresholds.
B. Where the disclosure category requires disclosure of interests in real
property, the designated employee need only disclose real property which is
located in whole or in part within or not more than two miles outside the
boundaries of the jurisdiction or within two miles of any land owned or used
by the local government agency.
Page 2 of 4 September 28, 2010
C. Where the disclosure category requires disclosure of investments or sources
of income, the designated employee need only disclose investments in
business entities and sources of income which do business in the jurisdiction,
plan to do business in the jurisdiction or have done business in the jurisdiction
within the past two years. In addition to other activities, a business entity is
doing business within the jurisdiction if it owns real property within the
jurisdiction.
D. Where the disclosure category requires disclosure of business positions, the
designated employee need only disclose positions of director, officer, partner,
trustee, employee, or any position of management in organizations or
enterprises operated for profit.
SECTION Vi: Act: "Act" means the Political Reform Act of 1974, comprising Titie 9
(commencing with Section 81000) of the Government Code of the State of California.
SECTION Vll: Desiqnated emplovee: "Designated employee" means any officer,
employee, commission or board member or consultant to the City whose position is
listed in the Appendix of this Code.
SECTION Vlll: Desiqnated position: "Designated position" means a position specified
in the Appendix of this Code and requiring disclosure as provided in this Code because
the position entails the making or participating in the making of decisions which may
foreseeably have a material effect on a financial interest.
SECTION IX: Requlations: "Regulations" mean the regulation of the Fair Political
Practices Commission adopted pursuant to Title 9 of the Government Code and
reported at Titie 2 of the California Code of Regulations commencing with Section
18100.
SECTION X: Repeal: This Code shall repeal and supersede all previous versions of
the "Conflict of Interest Code of the City of Carisbad, Carisbad Housing and
Redevelopment Agency, Carisbad Municipal Water District, and Carisbad Public
Financing Authority".
SECTION XI: Effective date: This Code shall be effective upon adoption by resolution
of the appropriate code reviewing body.
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Page 3 of 4 September 28, 2010
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Page 4 of 4 September 28,2010 | ^
APPENDIX
TO THE LOCAL CONFLICT OF INTEREST CODE
OF THE CITY OF CARLSBAD,
THE HOUSING & REDEVELOPMENT AGENCY, CARLSBAD, CALIFORNIA
CITY OF CARLSBAD AS SUCCESSOR AGENCY TO THE CARLSBAD REDEVELOPMENT
AGENCY
OVERSIGHT BOARD FOR SUCCESSOR AGENCY
PUBUC FINANCING AUTHORITY
AND THE
CARLSBAD MUNICIPAL WATER DISTRICT
The positions and categories within the City listed in this appendix are "designated positions." Any person
whose position with the City is a designated position is a designated employee. Designated employees shall
disclose in the manner provided in the Local Conflict of Interest Code of the City of Carisbad those financial
interests, which are within the categories represented by the number(s) following the listed position. The
categories correspond to the subsections of Title 2, California Code of Regulations Section 18730, subsection 7
and represent the following disclosures: "1" investment and real property disclosure; "2" personal income
disclosure; "3" business entity income disclosure; "4" business position disclosure.
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Mayor and Members of the City Council *
City Manager
City Attorney
City Clerk
Chairman and Members of the Successor Aqencv-
of the Housing and
Rodovolopment Commission *
Executive Director-of the Successor Aqencv
to the Housing and
Redevelopment Commission
Attorney foref the-Successor Aqencv
Housing and
Rodovolopment Commission **
Secretary of the-Successor Aqencv
Housing and
Rodovolopment Commission *
President, and Members of the Board of Directors
of the Carisbad Municipal Water District
Page 1 of 6 5/11/20125/10/2012 ^'
Executive Manager of the
Carisbad Municipal Water District
General Counsel for the
Carisbad Municipal Water District
Secretary of the CMWD Board
Chairman and Members of the
Public Financing Authority
Executive Director of the Carisbad
Public Financing Authority
General Counsel effor the Carlsbad
Public Financing Authority
Secretary of the Public Financing Authority
Treasurer of the Public Financing Authority
Officials Who Manaqe Public Investments:
Administrative Services Director
Assistant to the Treasurer
City Treasurer
Deputy City Treasurer
Finance Director
Citv Staff under Citv Manaqer:
Accountant 2, 3,4
Accounting Supervisor 2, 3,4
Aquatics Supervisor 2, 3
Assistant City Manager 1, 2, 3,4
Assistant Engineer 1, 2
Assistant Finance Director 1, 2, 3,4
Assistant Planner 1, 2, 3.4
Assistant Planning Director 1, 2, 3,4
Associate Analyst 1, 2, 3,4
Associate Contract Administrator 1, 2, 3,4
Associate Engineer 1, 2
Associate Planner 1, 2, 3,4
Benefits Administrator 2, 3
Building & Code Enforcement Manager 1, 2,3
Building Inspector 1 & II 1, 2,3
Business Systems Specialist 2, 3,4
Buyer /Contract Administrator 1, 2, 3,4
City Communications Manager 1, 2, 3,4
City Planner 1, 2, 3,4
Code Enforcement Officer 1 & II 1, 2,3
Community and Economic Development Director 1, 2, 3,4
Community Coordinator 2, 3,4
Page 2 of 6 5/11/20125/10/2012
Community Relations Manager
Community Outreach Supervisor
Construction Manager
Cultural Arts Manager
Deputy City Engineer
Deputy City Manager
Deputy Fire Marshall
Deputy Library Director
Development Services Manager
Economic Development Manager
2,3
2, 3,4
1,2, 3,4
1,2, 3,4
1,2, 3,4
1,2, 3,4
1,2,3
1,2, 3,4
1,2, 3,4
1,2, 3,4
Emergency Medical Sen/ices (EMS)
Paramedic Nurse Coordinator
Emergency Preparedness Coordinator
Environmental Programs Manager
Environmental Specialist I & II & Senior
Equipment Maintenance Supervisor
Finance Manager
Fire Chief
Fire Division Chief
Fire Battalion Chief
Fire Marshal
Fire Prevention Specialist I & II
Gallery Curator
Geographic Information Systems Manager
Housing & Neighborhood Services Director
Housing Program Manager
Human Resources Director
Human Resources Manager
Information Technology Director
Information Technology Manager
Library and Cultural Arts Director
Management Analyst
Management Assistant
Management Intern
Municipal Projects Manager
Municipal Property Manager
Park Development Manager
Park Planner
Parks and Recreation Director
Parks/Trees Supervisor
Parks Superintendent
2, 3,4
2, 3,4
2,3
2,3
3
2, 3,4
2, 3,4
2, 3,4
2, 3,4
2, 3,4
2,3
3
3
2, 3,4
2,3
2, 3,4
3
2, 3.4
2, 3.4
2, 3.4
2, 3.4
3
2, 3.4
2, 3,4
2, 3,4
2, 3,4
2, 3,4
2,3,4
2,3
2, 3,4
Page 3 of 6 5/11/20125/10/2012 \i\
Planning Technician 1 & II 1, 2, 3,4
Police Chief 1, 2, 3,4
Police Captain 2, 3
Police Communications Manager 2, 3
Police Lieutenant 2, 3
Principal Librarian 2, 3,4
Principal Planner 1, 2, 3,4
Property & Environmental Management Director 1, 2. 3,4
Public Safety Information Technology Manager 1, 2, 3,4
Public Works Inspector 1 & II 1, 2,3
Public Works Manager 1, 2,3
Public Works Superintendent 1, 2. 3,4
Public Works Supervisor 2, 3
Records Supervisor (Police) 2, 3
Recreation Area Manager 2, 3,4
Recreation Sen/ices Manager 2, 3.4
Risk Manager 1, 2. 3.4
Senior Accountant 1, 2, 3.4
Senior Building Inspector 1, 2, 3.4
Senior Business Systems Specialist 2, 3,4
Senior Circulation Supervisor 1, 2,3
Senior Civil Engineer 1, 2, 3,4
Senior Construction Inspector 1, 2, 3,4
Senior Contract Administrator 1, 2, 3,4
Senior Librarian 2, 3,4
Senior Management Analyst 1, 2, 3,4
Senior Planner 1, 2. 3.4
Traffic Engineer 1, 2. 3.4
Transportation Director 1, 2, 3.4
Junior Planner 1, 2. 3,4
Video Production Manager 2, 3
Warehouse Technician 1. 2, 3,4
Citv Attornev's Office:
Senior Assistant City Attorney
Assistant City Attorney
Deputy City Attorney
1,2. 3.4
1,2. 3,4
1,2, 3,4
Citv Clerk's Office:
Assistant City Clerk
Deputy City Clerk/Technician
Records Manager
2, 3,4
2, 3,4
2,3
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Records Management Supervisor 2,3
Citv Emplovees under the Executive Manaqer
of the Carisbad Municipal Water District:
Accountant
Accounting Supervisor
Associate Engineer
Cross Connection Control Technician
Deputy City Engineer
Management Analyst
Public Works Manager
Public Works Supervisor
Senior Civil Engineer
Senior Cross Connection Control Technician
Senior Engineering Inspector
Utilities Director
3,4
3
2
2
2, 3,4
3
3
3
2, 3,4
2, 3,4
2, 3,4
2, 3,4
Consultants
Boards and Commissions:
Members of the Agricultural Conversion Mitigation
Fee Ad Hoc Citizens' Advisory Committee 1, 2, 3, 4
Members of the Arts Commission 1, 2, 3, 4
Members of the Board of Library Trustees 1, 2, 3, 4
Members of the Carisbad Tourism Business Improvement District 1,2,3, 4
Members of the Design Review Board 1, 2. 3, 4
Members of the Housing Commission 1, 2, 3. 4
Members of the Oversiqht Board for the Successor Aqencv 1. 2. 3. 4
Members of the Parks and Recreation Commission
Members of the Planning Commission
1,2, 3,4
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Members of the Senior Commission 1, 2, 3, 4
Members of the Traffic Safety Commission 1, 2, 3, 4
This position is required to report by virtue of Govemment Code Section 87200.lt is included for disqualification purposes only. See Government
Code Section 87200 for disclosure requirements.
When a designated employee is also required to file a conflict of interest form under Article 2 (Gov't Code §87200, Form 700) of the Act, he or
she may expand their statement to cover reportable interests in both jurisdictions or both positions and file copies of this expanded statement
with the City Clerk provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated
employee as if it were an original.
The duties of each consultant will be separately evaluated to determine whether or not disclosure will be required, and the categories which will
apply. The evaluation of the consultant's duties will be conducted by the department head of the department which is responsible for the hiring
of the consultants. The disclosure requirement shall be included in the consultant's contract approved by the City Council, Housing and
Redevelopment Commission, City Manager or Executive Manager of the Carlsbad Municipal Water District.
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