CHAPTER 2
ADMINISTRATION

Article 1.    In General.

§ 2-1.    Time and place of City Council meetings.

§ 2-2.    Special meetings of City Council.

§ 2-2.1    Closed Session Rules.

§ 2-3.    Members of Boards and Commissions- Voting and Conflicts of Interest

§ 2-3.1    Members of City Council to serve as members of redevelopment agency.

§ 2-3.2    Appointment of honorary life members of certain City boards and commissions.

§ 2-3.3    Judicial review of decisions; time limitations.

Article 2.    Parks and Recreation Commission.

§ 2-4.    Established.

§ 2-5.    Composition; Ex-Officio Members.

§ 2-6.    Terms of office of members; meetings; officers.

§ 2-7.    Powers.

§ 2-7.1.    Duties.

§ 2-7.2.    Quorum; Voting Requirements.

§ 2-8.    Compensation

§ 2-9.    Reserved for future use.

Article 3.    Historic Preservation Commission.

§ 2-10.    Established.

§ 2-11.    Composition; Ex-Officio Members.

§ 2-12.    Terms of office of members; meetings; officers.

§ 2-13.    Powers and Duties.

§ 2-14.    Quorum; Voting Requirements.

Article 4.    Colton Hall Museum and Cultural Arts Commission.

§ 2-15.    Established.

§ 2-16.    Composition.

§ 2-17.    Terms of office of members; meetings; officers.

§ 2-18.    Powers and Duties.

ARTICLE 1.
IN GENERAL.

Sec. 2-1. Time and place of City Council meetings.

The regular meetings of the City Council shall be held on the first and third Tuesday of each month, unless such Tuesday falls on a holiday, in which case the meeting shall be held on the next day immediately thereafter, not a holiday. Regular meetings shall commence at either 4:00 p.m. or 7:00 p.m. as set forth in the posted notice of such meeting, and any adjournment of a regular meeting to a later date shall commence at the same time unless otherwise specified in the motion to adjourn or posted notice of such meeting.

All meetings of the City Council shall be held in a public facility suitable for such a meeting. Any meeting not held in Few Memorial Hall of Records shall be adequately noticed in a newspaper of general circulation as to the time, place and general subject matter of the meeting, and said notice shall also be posted on the doors of Few Memorial Hall of Records prior to and during the meeting of the Council.

Sec. 2-2 Special Meetings of City Council.

Special Meetings of the City Council may be held at any time upon the call of the Mayor, or a majority of the City Council, upon filing the same with the City Clerk and upon notice given in the manner provided by law. The City Clerk, upon receiving a call for such a meeting, shall prepare and address to each member of the City Council a copy thereof, and deliver the same to each member of the City Council at least twenty-four hours before the time set for the meeting. Such notice, if mailed, shall be addressed to each Councilmember at his/her last known place of residence and deposited in the post office in the City, or in any United States mail box in the City. The call and notice shall be posted at least twenty-four hours prior to the Special Meeting in a location that is freely accessible to members of the public. These notice provisions may be waived by the City Council by a unanimous vote in setting any Special Meeting.

Sec. 2-2.1 Closed Session Rules.

Provisions of the Ralph. M. Brown Act (Gov. C. § 54950 et seq.) shall be followed when meeting in closed session to discuss any item. Closed sessions shall be utilized only when necessary, and only to discuss valid issues pursuant to the Brown Act, including personnel matters, pending or threatened litigation, negotiations of terms relating to real estate transactions, labor negotiations, grand jury testimony, matters related to public and national security, and such other matters as may be specifically authorized by the Brown Act.

In carrying out the terms and provisions of the Brown Act, the following rules shall be followed: (1) only items properly noticed or agendized for hearing in a closed session may be discussed at such session; (2) notice of closed sessions for regular meetings shall be included in the regular agenda for the meeting posted at least 72 hours prior to the meeting; (3) decisions to purchase, sell, exchange, or lease real property shall be made in open session, except that discussion related to price and terms of the transaction may be held in closed session, either before or after the decision to enter into the transaction is made; (4) the City Clerk, or in the case of a Board or Commission a designated staff member, shall take confidential minutes of the meeting by electronic tape recording pursuant to Gov. C. § 54957.2, and such minutes shall be made available only to qualified members of the legislative body involved or to a court of competent jurisdiction in the event an allegation of violation of the Brown Act is alleged to have occurred; (5) action taken in closed session, if any, shall be by roll call vote, and such votes shall be disclosed when appropriate in accordance with provisions of the Brown Act and Monterey Charter 4.25; (6) the reasons for voting in a particular manner shall not be revealed until disclosure of the action taken and vote is appropriate, but members of the legislative body may explain or discuss their vote on non-personnel issues at any time after disclosure occurs.

Sec. 2-3 Members of Boards and Commissions - Voting and Conflict of Interest.

Unless prohibited by a conflict of interest or other valid reason for disqualification, every member of a board or commission of the City who is present at a meeting shall register a vote on every motion before the body and shall not abstain from voting unless disqualified. This section shall not apply to the Board of Library Trustees.

If a member has a conflict of interest pursuant to the Political Reform Act, the member shall so state for the record at the time the matter is called and thereafter shall absent himself or herself from the meeting room and not participate in the deliberations of decision on the matter.

If a member is aware that a conflict of interest pursuant to the Political Reform Act exists, or should reasonably know that such a conflict exists, the member shall either disqualify himself or herself or request an opinion from the City Attorney as to whether a conflict situation exists. If the City Attorney determines that a conflict of interest situation exists, the member shall either disqualify himself or herself or request a formal or informal opinion regarding their status from the Fair Political Practices Commission or staff, however, no member shall vote or participate in deliberations on any matter in which a conflict situation has been determined to exist by the City Attorney until the Fair Political Practices Commission decision is received. This request may be made through the City Attorney or individually. Notwithstanding any other provision to the contrary, any member who fails to disqualify himself or herself from participation in any matter in which it has been determined by the City Attorney, or on further review, the Fair Political Practices Commission or staff, that a conflict of interest situation exists, shall immediately be disqualified from their position and forfeit his or her membership on the board or commission. The forfeiture shall be effective immediately, and the member shall not participate in any further proceedings of the board or commission including deliberations or decision on the matter giving rise to the conflict of interest situation, and shall not continue to serve until a replacements is made by the Council.

Sec. 2-3.1 Members of City Council to serve as Members of Redevelopment Agency.

Pursuant to Section 33200, as amended, of the Community Redevelopment Law, this legislative body hereby declares that its members shall also be the members of the Redevelopment Agency of the City.

In order that the members of this legislative body may also become the members of the redevelopment agency, it is hereby declared that the offices of existing members of the agency are vacated as of 12:00 midnight on May 13, 1972, at which time the members of this legislative body shall, in addition to their capacity as legislators, also become the members of the redevelopment agency.

The Section does not in any manner change the status; of the redevelopment agency of the City as a public body, corporate and politic, as specified in Section 33100 of the Community Redevelopment Law, which agency has continued and continues to exist as a legal entity without change since the date it was determined that there was a need for the agency to function by Resolution No. 8641 C.S., dated October 1, 1957.

Sec. 2-3.2. Appointment of honorary life members of certain City boards and commissions.

The City Council may by unanimous vote elect honorary life members of the Planning Commission, Board of Library Trustees, Museum Board of Trustees, Parks & Recreation Commission and the Architectural Review Committee.

The person elected shall usually have served at least ten consecutive years on such board, commission or committee, and demonstrated active participation during such time, provided the City Council may confer such honor on any person who has been duly appointed.

Honorary life members shall receive all notices and minutes of meetings, shall be invited to attend such meetings, but shall not be entitled to vote.

Sec. 2-3.3. Judicial review of decision; time limitations.

The provisions of Code of Civil Procedure Section 1094.6 are hereby adopted, with such provisions generally providing that judicial review of any decision of a local agency, as defined in Government Code Section 54951, or of any commission, board, officer or agent thereof, may be instituted pursuant to Code of Civil Procedure Section 1094.5 only if the petition for writ of mandate pursuant to such Section is filed within 90 days following the date on which the decision becomes final.

As used in this Section, the decision shall become final:

(a)    If there is no provision for reconsideration on the date it is made.

(b)    If there is a provision for reconsideration and reconsideration is not sought, upon the expiration of the reconsideration period.

(c)    If there is a provision for reconsideration and such reconsideration is utilized but rejected, on the rejection date.

In making a final decision as set forth in this Section, the local agency shall provide notice to the affected party or parties that the time which judicial review may be sought is governed by Code of Civil Procedure Section 1094.6.

ARTICLE 2.
PARKS AND RECREATION COMMISSION

Sec. 2-4. Established.

A Parks and Recreation Commission is hereby created to be known as the “Parks and Recreation Commission of the City of Monterey.”

Sec. 2-5. Composition; Ex-Officio Members.

The Parks and Recreation Commission shall be composed of seven (7) members to be appointed by a majority of the City Council. In addition, there shall be two (2) ex-officio non voting members, one each representing the Naval Postgraduate School and the Presidio of Monterey and appointed by the commander of each facility; and such other ex-officio non voting members as a majority of the City Council may, upon recommendation of the Parks and Recreation Commission, appoint.

Sec. 2-6. Terms of Office; Meetings; Officers.

Except for the ex-officio non-voting members, the terms of office of the members shall be for a period of two (2) years ending on the 31st day of December in the second year following their appointment; provided that members whose terms have expired shall continue to serve until their vacancy is filled by the City Council. The terms of such members shall be staggered.

The Commission shall elect a chairperson, vice-chairperson, and such other officers as it deems appropriate annually at a January meeting. The Commission shall designate the time, place, and manner of its regular meetings. Special meetings may be called by the Chairperson or by any three (3) members. The Community Services Director shall act as secretary to the Commission. (Ord. 3472 § 1, 2012)

Sec. 2-7. Powers.

The Parks and Recreation Commission shall [carry out the policies established by the City Council in acting] on all matters pertaining to the use, development, and improvement of the City’s recreational programs and park facilities, and shall make recommendations to the City Council on the acquisition, design, and development of park facilities. The Commission shall adopt such rules as needed for the conduct of its deliberations. The Commission shall meet, confer, and make recommendations upon any matter referred to it by the City Council or other commission, and may make recommendations on its own accord regarding all matters pertaining to parks, park facilities, recreation, recreation programs, and recreation facilities.

Sec. 2-7.1. Duties.

The function and duties of the Parks and Recreation Commission shall be as follows:

a.    It shall develop, maintain, and periodically review and update the Parks and Recreation Master Plan and any other specific or focused plans as may be necessary or desirable.

b.    It shall annually, or as required, review and make recommendations to the City Council on those portions of the City’s capital improvement program which pertain to parks and recreation.

c.    It shall, no less than annually, review and make recommendations to the Neighborhood Improvement Program Committee regarding parks and recreation projects suitable for consideration as Neighborhood Improvement Program projects.

d.    It shall annually, or as required, review and make recommendations to the City Council regarding park and recreation projects or acquisitions recommended by the Neighborhood Improvement Committee.

e.    It shall review and act upon applications for major special event use permits regarding recreation and park facilities.

f.    It shall review and make recommendations on proposals from other public agencies related to parks and recreation.

g.    It shall recommend to the City Council names or name changes for all park and recreation facilities.

h.    It shall perform such other functions as the City Council may direct.

Sec. 2-7.2. Quorum; Voting Requirements.

A majority of the appointed members of the Commission shall constitute a quorum. In the event any member or members are present but disqualified and must be absent from deliberations or determination of any item, the member or members shall be counted as present for the purpose of establishing a quorum. Determination of any issue, except procedural matters, shall require the vote of at least three (3) members. If a matter cannot be determined at a meeting due to the lack of three (3) voting members, it shall be continued to the next available meeting.

Sec. 2-8. Compensation.

As compensation for their services, regular members of the Parks and Recreation Commission shall receive $25.00 for each regular, special, or adjourned meeting attended, provided the total compensation shall not exceed $75.00 in any calendar month.

ARTICLE 3.
HISTORIC PRESERVATION COMMISSION

Sec. 2-10 Established.

A Historic Preservation Commission is hereby created to increase awareness of the City’s rich cultural heritage and to protect and preserve historic structures, sites, and features.

Sec. 2-11 Composition; Ex-Officio Members.

The Historic Preservation Commission shall be composed of seven members to be appointed by a majority of the City Council. In addition, there shall be a number of ex-officio non-voting members appointed by a majority of the City Council upon recommendation of the Commission.

Ex-officio members shall be persons possessing special knowledge of, skills relating to, or interest in Monterey’s historical past. They may not vote, however, they will give technical advice and assistance in promoting the protection and restoration of Monterey’s historic buildings, sites, artifacts, and related items.

Sec. 2-12 Terms of Office; Meetings; Officers.

All regular and ex-officio members shall be appointed for a term of two years beginning January 1 of the year of appointment. Members whose terms expire shall continue to serve until the vacancy is filled by the City Council. The terms of regular members shall be staggered so that no more than three members’ terms expire in any one year.

A time and place for regular meetings shall be established by resolution of the Commission. Special meetings may be called by the Chairperson or upon request of at least three members, provided that at least 24 hours notice of the meeting stating the time and place of the meeting and the business to be transacted is first given to all members of the Commission and to each local newspaper of general circulation and radio or television station which has requested notice of such meetings in writing.

The Commission shall hold elections in January of each year at which time it shall select a Chairperson, Vice-chairperson, and such other officers as it deems appropriate from the regular members. Committees may be established by the Chairperson as necessary, and ex-officio members may be appointed to such committees; however, each committee shall contain at least one regular member of the Commission.

Sec. 2-13. Powers and Duties

The Historic Preservation Commission shall act on all matters pertaining to promotion, restoration, and protection of City of Monterey historic buildings, sites, artifacts and related items, in accord with City ordinances or instruction from the City Council. The Historic Preservation Commission shall adopt minimum submittal requirements and such rules as needed for the conduct of its deliberations. The Commission shall meet, confer, and make recommendations upon any matter referred and may make recommendations on its own accord regarding promotion, restoration, and protection of historical matters within the City.

Sec. 2-14. Quorum, Voting Requirements

A majority of the appointed members of the Commission shall constitute a quorum. In the event any member or members abstain from the determination of any item, said member or members shall be counted as present for the purpose of determining a quorum. Determination of any issue, except procedural matters, shall require at least three members present and voting. If a matter cannot be determined at a meeting due to the lack of three voting members, it shall be continued to the next regular, adjourned, or special meeting. If the matter still cannot be determined for said reason, it shall be referred to the Planning Commission for determination. Members abstaining from the determination of any issue may vote for a continuance or referral to the Planning Commission.

ARTICLE 4
COLTON HALL MUSEUM AND CULTURAL ARTS COMMISSION

Sec. 2-15. Established.

The Colton Hall Museum and Cultural Arts Commission is hereby created as an official advisory commission of the City.

Sec. 2-16. Composition.

The commission shall be composed of seven members who shall act as an advisory commission to the City Council on matters affecting the operation of the Colton Hall Museum and on matters pertaining to Monterey history and cultural arts. Members shall represent a variety of cultural arts-related disciplines and activities, including, but not limited to:

(a)    California history; especially as it relates to Monterey;

(b)    Museum administration;

(c)    Performing arts, such as drama, music, and dance;

(d)    Visual arts, such as painting, sculpture, photography, graphics, and applied art.

In addition to regular members, the Mayor, with the approval of the City Council, may appoint additional ex-officio members who have studied early California history, who are authorities on the customs or are particularly interested in preserving, collecting, and collating historical objects of Monterey, or who are particularly well versed or interested in cultural arts. Such members may not vote, however, they will give technical advice and assistance in promoting Monterey’s museum and cultural arts.

Sec. 2-17. Terms; Meetings; Officers.

Members shall be appointed by the City Council in accordance with the provisions of Monterey Charter sections 4.7 and 4.8 for a term of two (2) years, and vacancies shall be filled in a like manner. Such members shall serve without compensation.

The Commission shall meet regularly at least once a month at such time and place as the Commission shall fix. A majority of the Commission shall constitute a quorum for the transaction of business. At the first meeting in January of each year, the Commission shall elect a Chairperson and Vice-Chairperson for the ensuing year. The Commission shall cause a proper record of its proceedings to be kept, and may adopt rules and procedures for the orderly and proper conduct of its meetings.

Sec. 2-18. Powers and Duties.

The Colton Hall Museum and Cultural Arts Commission shall:

(a)    Recommend to the City Council policy for administration of the Colton Hall Museum.

(b)    Recommend to the City Council policy for administration of the Monterey Conference Center Art Collection, including the inventory, use, placement, and maintenance of this art. Also, the recommended funding of this program and expenditure of trust funds held by the City for this purpose.

(c)    Advise and recommend to the City Council regarding acquisition, removal, relocation, alteration, or display of works of art in an endeavor to generally increase the aesthetic appeal and beauty of public sites and buildings. All purchases of works of art shall be approved by the City Council.

(d)    Create subcommittees and utilize non-member experts as needed to advise and assist the Commission in making informed and appropriate decisions.

(e)    Encourage cultural arts, including historically oriented exhibits or events and performing and visual arts projects and programs.

(f)    When appropriate, work with other civic or community groups to jointly sponsor events related to the cultural arts.

(g)    Investigate and process the means by which cultural arts can be obtained, including recommending to the City Council the securing and offering of grants which may be available for the purpose of promoting the cultural arts, whether through federal, state, or private sources.

(h)    Confer and make recommendations on any matter specifically referred by the City Council.