Monterey Municipal Code § 2-1 In General

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 an Americans with Disabilities Act accessible public facility. Any meeting not held in Few Memorial Hall of Records shall be adequately noticed on the City’s website as to the time, place and general subject matter of the meeting, and said notice shall also be posted on the exterior of the building adjacent to the City Council chambers at the Few Memorial Hall of Records prior to and during the meeting of the Council. (Ord. 3599 § 2, 2019)

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 notice given in the manner provided by law. (Ord. 3599 § 2, 2019)

a. Regular Meetings.The dates for regular meetings of the Neighborhood and Community Improvement Program Committee are determined by formal action by the Committee at its first meeting of the calendar year. Regular meetings typically include: orientation meeting, preliminary project screening meeting, project nomination meetings, field trips, project review meetings, and voting night.

b.Special meetings of the Neighborhood and Community Improvement Program Committee may be held at any time upon the call of the Chair, or a majority of the Committee, preferably upon 14 days’ advance notice by email to each Committee member; however, this does not preclude a special meeting from being called upon notice given in the manner provided by law. (Ord. 3599 § 2, 2019)

Members of City Council who are compensated for their service or reimbursed for expenses undertaken in the performance of official duties shall take two hours of training in ethics principles and laws every two years as required by Government Code Sections 53234 through 53235. The training shall occur, and a signed certificate of completion filed with the City Clerk, within 60 calendar days of assuming office, and every two years thereafter.

The City Clerk shall report a member’s noncompliant status within five working days after the compliance deadline to the Finance Department and the City Manager. During a period of noncompliance, all compensation paid pursuant to Section 2-1.06 and expense reimbursements shall cease. Salary and expense reimbursement shall resume when compliance is obtained, but the member shall not be paid for any service or expense undertaken during the period of noncompliance. (Ord. 3694 § 3, 2025; Ord. 3599 § 2, 2019)

a. Definitions.For purposes of this section, the definitions in California Government Code Section 82000 et seq., as may be amended, shall apply, with the following additional definitions:

“Campaign finance disclosure statement” or “statement” means any statement, report, or other document required to be filed pursuant to Chapter 4 of the Political Reform Act.

“Electronic filing system” means a service to provide electronic filing for campaign finance disclosure statements, provided by a vendor that is approved by the California Secretary of State for such purpose, and which is managed by the City Clerk for such use by Monterey filers.

“Filer” means a person or combination of persons filing or required to file any statement pursuant to requirements of the Political Reform Act, including any elected officer, candidate, committee, or other person required to file statements.

b. Electronic Filing System.

1.Each filer required to file campaign finance disclosure statements shall file such statements using the electronic filing system according to procedures established by the City Clerk. These procedures shall ensure that the electronic filing system complies with the requirements set forth in Section 84615 of the Government Code, as may be amended from time to time.

A. Exceptions.Compliance with this subsection (b)(1) is optional when:

(i)A filer receives contributions totaling less than $2,000, and makes expenditures totaling less than $2,000 in a calendar year, in which case a paper format statement may be filed pursuant to subsection (b)(3) of this section.

(ii)An original statement is required to be filed with the Secretary of State, in which case a paper format copy of the statement may be filed with the City Clerk pursuant to subsection (b)(3) of this section.

2.Any filer who has electronically filed a statement with the City Clerk using the electronic filing system is not required to file a duplicate paper copy of the same statement with the City Clerk.

3.In the event that a particular type of statement is not authorized, available, or required by state law or the City Code to be electronically filed, a filer may file that statement in paper format with the City Clerk. (Ord. 3694 §§ 4, 5, 2025; Ord. 3601 § 3, 2019)

a. Purpose.The purpose of this section is to:

1.Eliminate the possibility of corruption or the appearance of corruption in local elections by adopting limits on the amounts of money any person may contribute or otherwise cause to be available to candidates for the City Council; and

2.Promote informed actions by the electors of the City by requiring the full and truthful disclosure of contributions and expenditures in election campaigns; and

3.Inhibit improper or illegal campaign activity, and to provide for enforcement of this section.

b. Definitions.The definitions in the Political Reform Act, Government Code Section 81000 et seq., as amended, shall govern this section in addition to the following:

1.Candidate means a person who (A) is listed on the ballot for City Council or Mayor; (B) has qualified to have write-in votes counted by election officials for nomination or election to the City Council or the office of Mayor; or (C) receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or make an expenditure with a view to bringing about a nomination or election to the City Council or to the office of Mayor, whether or not the specific office sought for nomination or election is known at the time the contribution is received or the expenditure is made, and whether or not the candidacy has been announced or a declaration of candidacy has been filed at such time. Candidate also includes any member of the City Council who is the subject of a recall effort. For the purpose of this section, a member of the City Council becomes the subject of a recall effort, and therefore becomes a candidate, at such time as the notice of intention to circulate petitions is served on that member.

An individual who becomes a candidate shall retain that status as a candidate until such time as that status is terminated pursuant to Section 84214 of the California Government Code, as amended.

2.City office means the offices of Mayor and City Councilmember.

3.Election means a primary, general, special, or recall election. Each of these is a separate election for purposes of this section.

4.Election cycle means the two-year period of time beginning on January 1st in the year in which a general election for a City office is held, and ending at midnight on December 31st of the following non-election year. Election cycle includes the period of time for gathering signatures for a recall election.

5.Entity means any person, other than individual.

6.Person means an individual or any proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, labor organization and any other organization or group of persons acting in concert.

c. Contribution Limitations.

1.No person or committee shall make to any candidate, including the controlled committee of such candidate, and no such candidate or such candidate’s controlled committee shall solicit or accept, any contribution that will cause the amount contributed by the contributor to the candidate or the candidate’s controlled committee to exceed $500.00 for any single election cycle.

2.The provisions of this section shall not apply to a candidate’s contribution of personal funds to the candidate’s own campaign.

3.Contributions to a candidate by the candidate’s registered domestic partner or spouse of separate property, and contributions by a candidate’s children or any other family members, shall be subject to the contribution limits of this section.

4.Contributions by dependent children shall be treated as contributions by their parent or parents. If there is joint custody of the child, one-half of the contribution shall be attributed to each parent, and if there is a single custodial parent, the contribution shall be attributed to that parent.

5. Anonymous Contributions.No person shall make an anonymous contribution or contributions to a candidate or committee or any other person exceeding $25.00 for any election cycle. An anonymous contribution of more than $25.00 shall not be kept by the intended recipient but instead shall, within 14 days of receipt, be returned to the contributor if known by the candidate or otherwise shall be paid to the City Clerk for deposit in the general fund of the City.

6.The contribution limits established in this section shall be adjusted annually in July of every odd-numbered year for Consumer Price Index (CPI) based on the published CPI for the San Francisco Area (San Francisco -- Oakland -- San Jose) April Edition to reflect any increase or decrease in the Consumer Price Index since the last such adjustment of the contribution limit. Such adjustments shall be rounded to the nearest $10.00 amount. In addition to, or in lieu of, the cost of living adjustments provided for in this section, the City Council may adjust the contribution limits set forth in this section at any time and in the amounts that it determines to be appropriate by adoption of an ordinance amending this section.

d. Aggregation of Contributions.

1.For the purposes of the contribution limitations contained in this section, contributions of two or more persons or entities shall be aggregated as follows:

A.The contributions of an entity whose contributions are directed and controlled by any individual shall be aggregated with contributions made by that individual and any other entity whose contributions are directed and controlled by the same individual;

B.If two or more entities make contributions that are directed and controlled by a majority of the same persons, the contributions of those entities shall be aggregated; or

C.Contributions made by entities that are majority owned (which means ownership of more than 50 percent) by any person shall be aggregated with the contributions of the majority owner and all other entities majority owned by that person, unless those entities act independently in their decision to make contributions.

2.Contributions by spouses shall be treated as separate contributions and shall not be aggregated.

3.A candidate shall not be deemed to be in violation of this section if the candidate accepts a contribution from a person or persons that exceeds the contribution limits set forth in subsection (c)(1) of this section because of the aggregation of contributions pursuant to subsection (d)(1)(A) of this section. It is the intent of this subsection to make contributors, and not candidates, liable for violations of this subsection occurring as a result of the applicability of the aggregation rules set forth herein, except where there is proof that the candidate had knowledge that the contributions must be aggregated.

e. Return of Contributions in Excess of Limits.

1.Contributions which either in the aggregate or on their face exceed the contribution limits of this section shall be deemed to not have been accepted within the meaning of that provision if returned prior to deposit or negotiation within the earliest of the following:

1.Within 14 days of receipt; or

2.If the contribution is received within three days prior to the election, within 24 hours of receipt.

2.A non-monetary contribution shall qualify as returned if, within the deadlines listed in subsection (e)(1) of this section, the candidate returns to the contributor any of the following: the non-monetary contribution, its monetary equivalent, or the monetary amount by which the value of the non-monetary contribution exceeds the contribution limits of this section.

f. Additional Campaign Statements.

1.In addition to the campaign statements required to be filed pursuant to the Political Reform Act, candidates and their controlled committees shall file a pre-election statement with the City Clerk as follows: No later than five days before the election for the period beginning 16 days and ending six days before the election.

2.A candidate or committee may use the forms for campaign statements required to be filed pursuant to the state Political Reform Act (Government Code Section 81000 et seq.) in order to comply with the reporting requirements of this section; provided, however, that such campaign statements shall contain the additional information required by this section.

g. Enforcement.

1.Any person who willfully and knowingly violates this section, or causes any other person to violate this section, or who aids and abets any other person in the violation of this section, is guilty of a misdemeanor.

2.In addition to the penalties provided in subsection (a) of this section, if after election a candidate is convicted of a violation of any of the provisions of this section, the election to office of such candidate shall be void and such office shall become vacant immediately thereupon or on the date upon which the candidate, if the candidate is not an incumbent, would otherwise take office, whichever occurs later. In such event, the vacancy shall be filled in accordance with the procedures set forth in the City Charter for the filling of vacant City offices. If a candidate is convicted of a violation of this section at any time prior to election, his or her candidacy shall be terminated immediately and the candidate shall no longer be eligible for election. Any person convicted of a violation of this section shall be ineligible to hold City office for a period of five years from and after the date of conviction.

3.A plea of nolo contendere shall be deemed a conviction for purposes of this section.

4.The City Attorney may also sue in Monterey County Superior Court to enjoin violations of, or to compel compliance with, the provisions of this section. Any person who is found by a court of competent jurisdiction in such an action to have intentionally or negligently violated this section may be subject to a civil penalty of no more than $1,000 or the amount of the unlawful contribution, if any, or the amount which was not properly disclosed, if any, whichever is greater. The prevailing party in any such action shall be entitled to seek and be awarded its attorney’s fees and court costs. Any action for civil injunctive relief and/or civil penalty must be filed within one year of the date of the alleged violation.

5.The City Council may authorize a contract between the City and the California Fair Political Practices Commission for the Fair Political Practices Commission to enforce this section. (Ord. 3602 § 2, 2019)

a. Compensation.Effective January 1, 2027, compensation for the Mayor and City Councilmembers shall be as follows:

1.Compensation for the Mayor is hereby established in the sum of $1,562.79 per month.

2.Compensation for City Councilmembers is hereby established in the sum of $1,064.20 per month.

3.The compensation set forth in subsections (a)(1) and (a)(2) of this section is exclusive of any amount paid by the City for retirement and health benefits under subsection (b) of this section; provided, that the same benefits are available and paid by the City for its employees.

4.This section does not and shall not provide for automatic future increases in compensation.

b. Benefits.The Mayor and City Councilmembers may, by individual election and subject to the rules and regulations of the provider, receive any non-cash benefit granted by resolution to non-sworn members of the Monterey Executive Management Employee’s Association. “Non-cash benefits” include those that are not limited to retirement and health insurance where the City pays the provider directly. Cash or cash-in-lieu payments to the Mayor or to a Councilmember are not authorized. (Ord. 3703 § 3, 2025; Ord. 3668 § 3, 2023)

a.The Political Reform Act, Government Code Sections 81000 et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (FPPC) has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference, and which may be amended by the FPPC to conform to amendments in the Political Reform Act after public notice and hearings. The terms of such standard conflict of interest code set forth in 2 California Code of Regulations Section 18730 and any amendments to it adopted by the FPPC are hereby incorporated by reference, and together with Exhibit A, which shall be that current Council resolution designating positions and disclosure categories of reportable financial interests, shall constitute the conflict of interest code for all departments and agencies of the City of Monterey.

b.Pursuant to Section 4 of said standard conflict of interest code, the City Council is the code reviewing body for the City of Monterey, and individuals holding positions designated in Exhibit A shall file statements of economic interest according to the code. (Ord. 3687 § 3, 2024)