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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Carol W. Lynch, City Attorney
DATE: AUGUST 19, 2003
SUBJECT: ORDINANCE NO. 398 REPEALING CITY MANAGER RESIDENCY REQUIREMENT
Adopt Ordinance No. 398, AN ORDINANCE OF THE CITY OF RANCHO PALOSVERDES AMENDING CHAPTER 2.08 (CITY MANAGER) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY REPEALING SECTION 2.08.020 OF CHAPTER 2.08 OF TITLE 2.
While discussing some provisions of the Municipal Code, the City Attorney mentioned that Section 2.08.020 of the Code is not valid. The California Constitution and the California Government Code expressly prohibit city governments from requiring that its employees be city residents. (Cal. Const. art. XI, § 10(b); Gov’t Code § 50083.) Section 2.08.020 of the Rancho Palos Verdes Municipal Code, as currently enacted, grants discretion to the City Council as to whether the city manager must become a resident of the City or can reside outside of the City. This discretion is in conflict with state law, and as a result, should be repealed. Accordingly, Mayor Stern stated that Staff should prepare a code amendment to eliminate this inconsistency with state law.
The attached ordinance, that was introduced on August 19, 2003, rectifies the current inconsistency with state law. Accordingly, Staff recommends that the City Council approve a motion to read the attached ordinance by title only, waive further reading, and adopt the ordinance.
Respectfully submitted: Reviewed by,
Carol Lynch, City Attorney Les Evans, City Manager
ORDINANCE NO. 398
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 2.08 (CITY MANAGER) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY REPEALING SECTION 2.08.020 OF CHAPTER 2.08 OF TITLE 2
WHEREAS, the State of California Constitution, Article XI, § 10 (b) limits the power of general law cities to impose residency requirements for city employees; and,
WHEREAS, Government Code § 50083 restricts local agencies, including general law cities, from requiring that employees be residents of such local agencies; and,
WHEREAS, Section 2.08.020 of the Rancho Palos Verdes Municipal Code, as currently enacted, grants discretion to the City Council on whether the city manager must become a resident of the City or can reside outside of the City, which discretion exceeds the authority granted to the City by the State Constitution and the general laws of the State of California; and,
WHEREAS, amendment of Section 2.08.020 of the Rancho Palos Verdes Municipal Code is not a project subject to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State’s CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq., and the City’s Local CEQA Guidelines, because the amendment constitutes nothing more than a continuing administrative activity that is related to personnel issues and general policies of the City. (State CEQA Guidelines §15378(b)(2).)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby repeals section 2.08.020 of Chapter 2.08 of Title 2 of the Rancho Palos Verdes Municipal Code in its entirety.
PASSED, APPROVED and ADOPTED THIS 19TH DAY OF August, 2003.
STATE OF CALIFORNIA )
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; the foregoing Ordinance No. 398 passed first reading on August 5, 2003, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 19, 2003, and that the same was passed and adopted by the following roll call vote: