HomeMy WebLinkAbout2024-11-19; City Council; ; Adoption of Ordinance No. CS-477 Amending Title 2, Chapter 2.12, Section 2.12.010 of the Carlsbad Municipal Code relating to Residency Requirements of the City ManagerCA Review CKM
Meeting Date: Nov. 19, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Director
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Adoption of Ordinance No. CS-477 Amending Title 2, Chapter 2.12,
Section 2.12.010 of the Carlsbad Municipal Code relating to Residency
Requirements of the City Manager
District: All
Recommended Actions
Adopt Ordinance No. CS-477 amending Title 2, Chapter 2.12, Section 2.12.010 of the Carlsbad
Municipal Code relating to residency requirements of the City Manager.
Executive Summary
The recommended action adopts Ordinance No. CS-477 amending Title 2, Chapter 2.12, Section
2.12.010 of the Carlsbad Municipal Code relating to residency requirements of the City
Manager.
Chapter 2.12.010 of the Carlsbad Municipal Code currently states that residence in the city at
the time a City Manager is appointed shall not be required as a condition of the appointment,
but within 180 days after reporting for work, the City Manager must become a resident of the
city unless the City Council approves his or her residence outside the city.
Staff are recommending amending the residency requirement in Section 2.12.010 to comply
with the state Constitution. The proposed ordinance amends Section 2.12.010 to require that
the City Manager reside in California within 40 miles of City Hall, rather than within the City of
Carlsbad.
Explanation & Analysis
Ordinance No. CS-477 was introduced and first read at the City Council meeting held on
Nov. 12, 2024. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member
Acosta, the City Council voted 5-0 to introduce Ordinance No. CS-477. The second reading
allows the City Council to adopt the ordinance.
Fiscal Analysis
The existing fiscal year 2024-2025 budget for the City Clerkâs Office includes sufficient funding
for the cost of amending the referenced code section.
Nov. 19, 2024 Item #7 Page 1 of 4
Next Steps
The City Clerk Services Department will have the ordinance, or a summary of the ordinance,
published in a newspaper of general circulation within 15 days following adoption of the
ordinance. The ordinance will be effective 30 days after its adoption.
Environmental Evaluation
In keeping with California Public Resources Code Section 21065, this action does not constitute
a project within the meaning of the California Environmental Quality Act 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.
Exhibits
1. Ordinance No. CS-477
Nov. 19, 2024 Item #7 Page 2 of 4
Exhibit 1
ORDINANCE NO. CS-477
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.12, SECTION 2.12.010 OF THE
CARLSBAD MUNICIPAL CODE RELATING TO RESIDENCY REQUIREMENTS OF
THE CITY MANAGER
WHEREAS, the City Manager of the City of Carlsbad is an appointed official; and
WHEREAS, the City Manager is appointed by the City Council wholly on the basis of his or her
administrative and executive ability and qualifications and shall hold office for and during the pleasure
of the City Council; and
WHEREAS, the City Manager residency requirements currently in Carlsbad Municipal Code
Section 2.12.010 are not consistent with Article XI, Section 10(b) of the California Constitution.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1. The above recitations are true and correct.
2. That Title 2, Chapter 2.12, Section 2.12.010 is amended to read as follows:
§ 2.12.010. Residency requirements.
Within 180 days after reporting for work, the City Manager must establish and maintain
residency in California within 40 miles of the City of Carlsbad City Hall facility.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
Nov. 19, 2024 Item #7 Page 3 of 4
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 12th
day of November, 2024, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of November, 2024, by the following vote, to wit:
AYES:
NAYS:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
ABSTAIN: NONE.
ABSENT: NONE.
APPROVED AS TO FORM AND LEGALITY:
~Jc.Hot.~
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Nov. 19, 2024 Item #7 Page 4 of 4