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Council narrows city manager residency requirement to 40 miles from City Hall
Summary
Council amended municipal code to require the city manager to establish residency within 40 miles of City Hall (instead of the initial 60-mile proposal), adding clarity to avoid cross-border interpretations; the ordinance passed unanimously.
The City Council voted unanimously on Nov. 12 to amend Carlsbad Municipal Code Chapter 2.12.0.01 to require that the city manager establish and maintain residency within 40 miles of the Carlsbad City Hall facility.
Staff (Sheila Bacobian, Director of Legislative and Constituent Services) explained that the original municipal-code language dated to 1955 and had not been enforced since the California Constitution prohibits local governments from requiring city residency for employees. The staff recommendation initially proposed a 60-mile distance that would align with a "reasonable distance" standard; public comment raised a concern that a 60-mile radius could, as written, include locations across the international border. Council asked clarifying legal and policy questions, and the council amended the proposal to specify a 40-mile radius measured from City Hall. The revised ordinance passed unanimously.
Nut graf: The change is procedural and intended to align city code with constitutional limits while giving the city a clear, enforceable expectation about a manager's commuting distance. Councilmembers said the narrower 40-mile radius better reflects drive times and regional commuting realities.
Representative detail: Staff noted the California Constitution (Article XI, Section 10(b)) prohibits residency requirements for public employees except within a "reasonable and specific distance," which the council must define. Council directed the city attorney and staff to structure the ordinance around City Hall as the measuring point; the effective ordinance language sets 40 miles from City Hall.
Ending: The council adopted the ordinance with the new 40-mile radius and staff will publish the revised municipal code language and update personnel guidance documents accordingly.
