Agenda packet — Carmel-by-the-Sea City Council, July 9, 2024 (part 1 of 3)

CITYOF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA
Mayor Dave Potter, Councilmembers Jeff Baron,
Alissandra Dramov, Karen Ferlito, and Bobby
Richards
Contact: 831.620.2000 www.ci.carmel.ca.us
All meetings are held in the City Council Chambers
East Side of Monte Verde Street
Between Ocean and 7th Avenues

REGULAR MEETING
Tuesday, July 9, 2024
Tour of Inspection - 3:30 p.m.

Regular Meeting - 4:30 p.m.

HYBRID MEETING ATTENDANCE OPTIONS
This meeting will be held in person and via teleconference ("hybrid"). The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties accessing Zoom. The City will do its best to resolve any technical issues as quickly as possible. To view or listen to the meeting from home, you may also watch the live stream on the City's YouTube page at: https://www.youtube.com/@CityofCarmelbytheSea/streams. To participate in the meeting via Zoom, copy and paste the link below into your browser.
https://ci-carmel-ca-us.zoom.us/j/83289524838 Webinar ID: 832 8952 4838 Passcode:
904814 Dial in: (253) 215-8782

HOW TO OFFER PUBLIC COMMENT
The public may give public comment at this meeting in person, or using the Zoom teleconference module, provided that there is access to Zoom during the meeting. Zoom comments will be taken after the in-person comments. The public can also email comments to [email protected]. Comments must be received at least 2 hours before the meeting in order to be provided to the legislative body. Comments received after that time and up to the beginning of the meeting will be made part of the record.

Tour Time - 3:30 PM

TOUR OF INSPECTION
Prior to calling the meeting to order, the Board/Commission will conduct an on-site tour of inspection of the properties listed on the agenda and the public is welcome to join. After the tour is complete, the Board/Commission will begin the meeting in the City Council Chambers no earlier than the time noted on the agenda.

A. Hofsas House Hotel - San Carlos Street 4 northwest 4th Avenue Block 34, Lot Multiple APN 010-124-014, 010-124-001

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

EXTRAORDINARY BUSINESS
A. Presentation of the Results of the Urban Forest Master Plan Community Survey

ANNOUNCEMENTS
A. City Administrator Announcements
B. City Attorney Announcements
C. Councilmember Announcements
D. Ad Hoc Committees - Report Out

PUBLIC APPEARANCES
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the Chair.

Persons are not required to provide their names, however, it is helpful for speakers to state their names so they may be identified in the minutes of the meeting. Under the Brown Act, public comment for matters on the agenda must relate to that agenda item and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. If a member of the public attending the meeting remotely violates the Brown Act by failing to comply with these requirements of the Brown Act, then that speaker will be muted.

CONSENT AGENDA
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.

1. Second Reading and Adoption of Ordinance No. 2024-001, adding Chapter 8.30 to Title 8 to the Carmel-by-the-Sea Municipal Code regarding a policy related to the use of Military Equipment by the Carmel-by-the-Sea Police Department

2. Letter authorizing the County of Monterey to execute all documents necessary to continue to implement the annual Used Oil Payment Program on behalf of the City during Fiscal Year 2024/25

3. Resolution 2024-058, Authorizing one (1) free use day of the Sunset Cultural Center theater and lobby for Peace of Mind Dog Rescue and the Carmel Dance Festival event "DANCE for the Love of Dogs" in April 2025

4. Resolution 2024-059 approving a list of street projects for Fiscal Year 2024/25 partially funded by SB1: The Road Repair and Accountability Act of 2017

5. Resolution 2024-060 accepting a $9,800 donation from Community Emergency Response Volunteers (CERV) for the purchase of a Community Emergency Response Team trailer

ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action.

6. Receive a report from the Police Building Ad Hoc Committee, and provide direction on authorizing Indigo/Hammond+Playle Architects to proceed with schematic design concepts for the Police Building Project.

7. Receive a presentation on the exploration of street addresses, to be discussed, and provide staff with direction

PUBLIC HEARINGS

8. APP 24118 (Hofsas House, Inc.) - Consideration of an appeal of the Planning Commission's approval of Design Review application DR 24059 (Hofsas House, Inc.) associated Lot Line Adjustment and Coastal Development Permit for the demolition of an existing 38-room hotel and the construction of a new 38-room hotel, and Use Permit application UP 24060 for the hotel and associated accessory uses located on San Carlos Street 2 northwest of 4th Avenue in the Residential & Limited Commercial (RC) District. APN: 010-124-001-000 and 010-124-014-000

FUTURE AGENDA ITEMS

ADJOURNMENT
This agenda was posted at City Hall, Monte Verde Street between OceanAvenue and 7thAvenue, Harrison Memorial Library, located on the NE corner of Ocean Avenue and Lincoln Street, the Carmel-by-the-Sea Post Office, 5th Avenue between Dolores Street and San Carlos Street, and the City's webpage http://www.ci.carmel.ca.us in accordance with applicable legal requirements.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THEAGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this agenda, received after the posting of the agenda will be available for public review at City Hall located on Monte Verde Street between Ocean and Seventh Avenues during regular business hours.

SPECIAL NOTICES TO PUBLIC
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at 831-620-2000 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting (28CFR 35.102-35.104 ADA Title II).

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 9, 2024

EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert Harary, P.E, Director of Public Works APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Presentation of the Results of the Urban Forest Master Plan Community Survey RECOMMENDATION:

Receive a 15-minute presentation from Forest and Beach Commissioner Kelly Brezoczky regarding the results of the Urban Forest Master Plan Community Survey.

BACKGROUND/SUMMARY:

The Urban Forest Master Plan (UFMP) is much more than developing a fancy study to put "on the shelf." This Plan is comprised of a series of technical evaluations specific to Carmel's forest, community outreach activities, and preparation and adoption of the Plan. Collectively, this information will help the City make informed policy decisions, provide targeting educational and ongoing outreach information, and implement best management strategies for day-to-day operations of the City’s forest.

Technical Studies:

Work completed under the UFMP included the following technical reports and services, most of which were individually presented by staff to the Forest and Beach Commission (Commission) between August 2023 and June 2024, and are considered substantially complete at this time:

Inventory of 12,000+ City trees, with geo-coded locations and condition assessments GIS Mapping and TreeKeeper data entry and demonstrations Background Review (regulations, policies, guiding documents) Stakeholder Interviews
Goals and Action Items
Tree Canopy and Land Cover Assessment
Economics Analysis/Value of the Urban Forest
Storm Water Analysis
Operational Review of City’s Maintenance Practices (not yet presented) Priority Planting Plan/Tree Replacement Model (not yet presented) Community Outreach:

Outreach efforts to date, in addition to the above-listed Commission presentations on technical studies and public comments, included:

Creation of an UFMP Steering Committee – June 2023
1st Community Workshop – July 2023
Forest and Beach Commission presentation by consultant– August 2023 Community Survey – September through November 2023 (See below) 2nd Community Workshop – May 2024
Preparation and Adoption of the Plan: (Next Steps)
Tree Species List – To be significantly revised based on City Forester input and community feedback Draft Urban Forest Master Plan Report – 90% complete
3rd Community Workshop to present the draft UFMP and solicit feedback Commission review and adoption of Plan
City Council review and adoption of Plan
Community Survey:

The UFMP Community Survey was launched to the public on September 27th, and was available in both online and paper formats. Survey announcements were published in the "Carmel Pine Cone," noticed on the City’s website, sent out via "Constant Contact,” and noted in a number of City Friday Letter newsletters.

The Survey was open for 47 days and closed on November 13th. A total of 348 responses were received with 308 online surveys and 40 paper surveys.

Complete, unedited Survey results were initially reviewed at the December 2023 meeting of the Commission. These results can be reviewed via the following link: https://ci.carmel.ca.us/ufmp Responses are provided in both graphical format for most question, and unedited narrative responses are listed for two questions: 1) their level of satisfaction of the City's care of public trees, and 2) their most important issues to be addressed in the UFMP.

This raw data was subsequently evaluated by the Commission and staff, and duplications and other anomalies were filtered out. The refined Survey Results were presented by Commissioner Brezoczky at the Commission meeting in April 2024 and at the 2nd Community Workshop in May 2024. Staff suggested that this insightful presentation should also be provided to the City Council and the community at large.

The primary purpose for this presentation is to acknowledge consistent themes in the Survey responses and ensure that the Council, Commission, Steering Committee, and staff are in sync in terms of finalizing the remaining components of the UFMP and subsequently proceeding with policy decisions and management practices that address these themes. The top four themes from the Survey were:
· Residents appreciate Carmel’s trees and would like to see the overall tree canopy level and iconic cypress on Scenic Drive maintained
· Residents are urgently calling for better maintenance of public trees; there are significant concerns about the safety and maintenance burdens with aging pines and cypress · There are safety concerns around dead trees/limbs during storms and around power lines · Replanting should occur in the right areas (parks, open spaces), with more diversity of trees and a preference for native species
· There is a perceived need for more Forestry staff/resources

ENVIRONMENTAL EVALUATION
This action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and, therefore, does not require environmental review.

FISCAL IMPACT:

There is no fiscal impact to receive this presentation. The Community Survey was funded under the UFMP Capital Improvement Project budget.

PRIOR CITY COUNCIL ACTION:

In August 2022, Council adopted Resolution 2022-068 awarding a Professional Services Agreement to Davey Resource Group for development of the City’s Urban Forest Master Plan for a fee of $160,000. In July 2023, Council adopted Resolution 2023-070 approving Amendment No. 1 to the Agreement for additional tree inventory and other technical services for a fee increase of $45,000.

ATTACHMENTS:

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 9, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Paul Tomasi, Chief of Police & Public Safety Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Second Reading and Adoption of Ordinance No. 2024-001, adding Chapter 8.30 to Title 8 to the Carmel-by-the-Sea Municipal Code regarding a policy related to the use of Military Equipment by the Carmel-by-the-Sea Police Department RECOMMENDATION:

Conduct a Second Reading and Adoption of Ordinance No. 2024-001, adding Chapter 8.30 to Title 8 to the Carmel-by-the-Sea Municipal Code regarding a policy related to the use of Military Equipment by the Carmel-by-the-Sea Police Department.

BACKGROUND/SUMMARY:

On September 30, 2021, California Assembly Bill 481 (AB 481) known as the Law Enforcement and state agencies: military equipment, funding, acquisition, and use Act was signed into law. Subsequently, the California Government Code (GC) §§ 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481. The text of AB 481 is attached to this staff report for reference.

In enacting AB 481, the Legislature stated the public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials to increase transparency, accountability, and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment.

The bill requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, through the adoption of a military equipment use policy as required by ordinance. The process shall be held at a regular public meeting in accordance with the Ralph M. Brown Act prior to the agency funding, acquiring, or using military equipment.

Other requirements are as follows:

Draft a Military Equipment Use Policy that describes each piece of military equipment and the authorized uses for each piece (Each section listed in the attached policy and equipment list were created in adherence to the specified mandates of the GC) The LEA shall post the proposed policy on their website at least 30 days prior to any public hearing related to this policy.

The LEA will submit an annual Equipment and Use Report within one year of approval, and annually thereafter.

Seek approval of the Policy from their governing body by Ordinance before acquiring new military equipment or seeking funds for equipment purchases.

The report shall be available on the LEA’s website for as long as the equipment is available for use. The LEA shall hold a well-publicized and conveniently located community engagement meeting within 30 days of the report’s submission.

GC § 7070 provides a list of sixteen (16) categories of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated government codes. The categories are listed below, and the items owned or purchased by the Carmel-by-the-Sea Police Department (CPD) are in bold text:
1) Unmanned, remotely piloted, powered aerial or ground vehicles. 2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. 3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6) Weaponized aircraft, vessels, or vehicles of any kind. 7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. 8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. 11) Any firearm or firearm accessory that is designed to launch explosive projectiles. 12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13) Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons; and, 15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Carmel-by-the-Sea Police Department equipment considered “Military Equipment” per AB481 AB 481 (10) The CPD currently possesses and operates 6 Colt M4- AR15 style semi-automatic rifles.

Although, the rifles issued by the CPD are considered standard issue and not required to be listed per AB 481, we have included them on our list of military equipment for Council review. These rifles are similar to civilian style rifles and are not controlled by the Department of Defense nor were they obtained through any surplus military program.

Specialized tools and firearms including patrol rifles, enable officers (when in compliance with the CPD’s Use of Force Policy) to address short to long distance threats, or those threats who are heavily armed, armored or both. Furthermore, in both short and long-distance deployments, rifles allow officers a more precise shot placement minimizing the risk to officers and innocent community members. Unfortunately, with the regularity of active shooters/active aggressor incidents throughout the country, this has become a necessary tool to counter such threats to our community. There are no known alternatives to these weapons that will provide the same level of distance or precision.

The rifles have been standard issue equipment for each officer in the department for almost 10 years and are carried in the patrol vehicle during the officer’s routine patrol shifts. Each officer is required to complete a 16-hour POST certified rifle course before they are issued the rifle. Officers conduct semi-annual training on the rifle and qualify at the range at least once a year.

The CPD purchased the rifles in 2015. Each rifle with optics and accessories costs approximately $1,500 to acquire at the time of purchase. These rifles were purchased prior to adoption of AB 481 and the Department does not have a current need to purchase additional rifles. The cost to maintain the rifles and accessories is negligible.

AB 481 (15)
The CPD possesses four (4) Kel Tec KSG Shotguns converted for less lethal applications. The shotguns are easily identified by the bright orange stock and foregrip and fire a kinetic energy munition that resembles a small bean bag (aka “bean bag” or “super sock”). Each projectile weighs approximately 40 grams and travels at a significantly lower velocity than a regular firearm projectile minimizing the potential for penetrating a person’s clothing or skin. These devices are available to patrol officers as a less lethal option when confronting a non-cooperative or violent subject when other force or de-escalation options are not practical.

These shotguns were purchased in 2017, at a cost of $500 each and replaced 25 year old shotguns that had been converted for less lethal use. The cost to maintain the rifles and accessories is negligible.

Monterey Peninsula Regional Special Response Unit (MPR SRU or SRU for short) The CPD participates in the Monterey Peninsula Regional Special Response Unit (SRU). The SRU is a specialized team that operates under an MOU between seven Monterey Peninsula agencies. Each agency provides officers, command staff, and resources to provide a tactical team to address the ongoing needs of the Peninsula as well as assisting other jurisdictions in the region. The SRU provides a resource to respond to critical incidents, planned and unplanned high-risk events, and other specialized incidents as needed. The SRU utilizes various pieces of equipment that qualifies as Military Equipment as defined in AB 481. All SRU equipment is paid for by the SRU and purchased through a purchasing agent. Each member department can be a purchasing agent for SRU and is then responsible for that military equipment purchased. The CPD does not own any military equipment purchased or funded for use by the SRU.

FISCAL IMPACT:

There are no new financial considerations for existing military equipment since most of the items were purchased prior to the enactment of AB 481 or already funded by the MPR SRU.

PRIOR CITY COUNCIL ACTION:

On June 4, 2024, during a public hearing the City Council had a first reading and introduced Ordinance 2024-001.

ATTACHMENTS:

Attachment 1) Draft Ordinance No. 2024-001
Attachment 2) AB 481
Attachment 3) CPD Policy 701 Military Equipment
Attachment 4) Military Equipment List Owned by CPD

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2024-001

AN ORDINANCE OF THE CITY COUNCIL OF CARMEL-BY-THE-SEA ADDING CHAPTER 8.30 TO TITLE 8 OF THE CITY OF CARMEL-BY-THE-SEA MUNICIPAL

CODE REGARDING A POLICY RELATED TO USE OF MILITARY EQUIPMENT USE

BY THE CARMEL-BY-THE-SEA POLICE DEPARTMENT
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481 (AB 481), codified at California Government Code Sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy at a regular meeting held pursuant to open meeting laws prior to taking certain actions relating to the funding, acquisition, or use of “military equipment”. The term “military equipment” is defined in California Government Code Section 7070(c); and
WHEREAS, AB 481 allows the City Council to approve the funding, acquisition, or use of military equipment, within its jurisdiction only if it makes specified determinations; and WHEREAS, the Carmel-by-the-Sea Police Department’s Draft Military Equipment Use Policy No. 701 was published on the Carmel-by-the-Sea website on the Police Department Policy page on April 24, 2024, and is being presented to the City Council on June 4, 2024; and WHEREAS, the proposed Military Equipment Use Policy No. 701 meets the requirements of California Government Code Section 7070; and
WHEREAS, this ordinance adds Chapter 8.30 to Title 8 of the Municipal Code to adopt Carmel-by-the-Sea Police Department’s Draft Military Equipment Use Policy No. 701 and authorize the use of “military equipment” by the members of the Carmel-by-the-Sea Police Department as described in Policy 701; and
WHEREAS, In the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq. and found this activity is not a “project” as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA HEREBY ORDAIN AS FOLLOWS:

Attachment 1
SECTION 1. Chapter 8.30 is hereby added to Title 8, Health and Safety, of the Carmel-by-theSea Municipal Code to read as follows:

Chapter 8.30 Law enforcement military equipment funding, acquisition, and use ordinance.

8.30.010. Policy. The Police Department shall establish a policy by ordinance that requires approval from the City Council prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
(G) Acquiring military equipment through any means not provided by this paragraph.

8.30.020. Military Equipment. For purposes of this Chapter 8.30 “military equipment” shall have the meaning provided in California Government Code Section 7070(c).

The policy shall be established, maintained, and amended as needed in accordance with California Government CodeSection 7071(a)(1).

SECTION 2. Determinations. Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code Section 7071(d).

2. The Carmel-by-the-Sea Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

Attachment 1

3. The Carmel-by-the-Sea Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

4. The military equipment identified in the Carmel-by-the-Sea Police Department’s Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

5. Prior military equipment use by the Carmel-by-the-Sea Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

6. The Carmel-by-the-Sea Police Department’s Draft Military Equipment Use Policy, Policy 701, setting forth the City’s military equipment use policy is hereby adopted.

SECTION 3. Severability. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining sections, subsections, provisions, sentences, clauses, phrases or words of this Ordinance.

SECTION 4. Effective Date. This Ordinance shall take effect 30 days after its adoption by the City Council of the City of Carmel-by-the-Sea.

SECTION 5. Codification. The City Clerk is hereby authorized and directed to codify the provisions of Section 1 of this Ordinance into the Carmel-by-the-Sea Municipal Code.

INTRODUCED, at a Regular City Council Meeting on June 4, 2024.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this X day of X, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
________________________ _______________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing

92 Attachment 2
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b)  The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c)  Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
Attachment 2
(d)  Le
gally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e)  The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding,Acquisition, and Use of Military
Equipment
7070.For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3)  High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4)  Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6)  Weaponized aircraft, vessels, or vehicles of any kind. (7)  Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
Attachment 2
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8)  Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9)  Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10)  Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11)  Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12)  “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13)  Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14)  The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15)  Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16)  Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3)  The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4)  The legal and procedural rules that govern each authorized use. (5)  The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6)  The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
Attachment 2
authority, and, if applicable, what le
gally enforceable sanctions are put in
place for violations of the policy.
(7)  For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manufacturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D)  Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through any means not provided by this paragraph.
(2)  No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
Attachment 2
the military equipment until it recei
ves the approval of the governing body
in accordance with this section.
(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A)  The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B)  The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D)  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2)  The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
Attachment 2
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns received concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406
Attachment 2
(4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through any means not provided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1)  Publish the military equipment use policy on the agency’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
Attachment 2
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O
92 — 9 — Ch. 406
Attachment 2
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Carmel-by-the-Sea Police Department 1 701 Military Equipment
701.1 PURPOSE AND SCOPE
This policy governs the use of military equipment, as defined in Government Code § 7070, as may be amended. The Carmel-by-the-Sea Police Department (CPD) and its members will comply with provisions of Government Code §§ 7071, 7072, and with otherwise applicable department policies, with respect to military equipment. 701.1.1 DEFINITIONS
This policy adopts the following definitions set forth in Government Code § 7070 (c)(1) through § 7070 (e)(16) as may be amended or superseded:

Governing body – The elected or appointed body that oversees the Department.

Military equipment –

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Carmel-by-the-Sea Police Department 2 10. Specialized firearms and ammunition of less than_.50 caliber, including assault weapons as defined in sections § 30510 and § 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service issued handheld pepper spray.

13. TASER® Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag”, rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.
701.2 POLICY
It is the policy of the Carmel-by-the-Sea Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. Use of military equipment should safeguard public welfare, safety, civil rights, and civil liberties.
701.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Police Commander to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.

Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Carmel-by-the-Sea Police Department 3 (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Carmel-by-the-Sea Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Coordinating the process for a person to register a complaint, concern, or question about the use of a type of military equipment. The Department will respond in a timely manner.

A complaint, concern or question related to Military Equipment utilization by the Carmelby-the-Sea Police Department can be made through any of the below listed methods:

Email: [email protected]
By phone: (831) 624-6403
By mail: Carmel-by-the-Sea Police Department
Attn: Military Equipment Use Coordinator
P.O Box 600
Carmel-by-the-Sea, CA 93921
In person: At the address list above
701.4 APPROVAL
This policy, and any subsequent amendments, will be available on the department website at least 30 days prior to any public hearing concerning the military equipment at Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Carmel-by-the-Sea Police Department 4 issue. This policy will be submitted to the City Council for approval and will remain in effect only if it is approved within 180 days of submission. Approval of this policy or any subsequent amendments requires adoption by ordinance at an open session of a regular meeting providing for public comment. The department will cease use of any military equipment if its use, or the policy for its use, is not approved. An approved military equipment use policy is required prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 701.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions providing aid to CPD shall comply with their respective military equipment use policies. CPD is a participating member of the Monterey Peninsula Regional Special Response Unit (MPRSRU) in collaboration with other law enforcement agencies on the Monterey Peninsula. MPRSRU provides capabilities to address specific law enforcement issues, such as active shooter incidents, hostage situations, barricaded subject incidents, etc. CPD also collaborates and works with the Monterey County Sheriff's Department and other local, state and federal law enforcement agencies that may provide aid to CPD. Military equipment owned by other jurisdictions that may be used by MPRSRU inside the City of Carmelby-the-Sea's jurisdiction is listed in Section Two of the Military Equipment Inventory.

Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Carmel-by-the-Sea Police Department 5 CPD is authorized to use that military equipment in connection with MPRSRU activities/responses.
701.6 ANNUAL REPORT
Within one year of approval of the military equipment use policy, and annually thereafter, the Chief of Police or the authorized designee will submit a military equipment report for each type of approved military equipment for as long as the military equipment is available for use. The annual military equipment report will be publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment.
701.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the funding, acquisition, or use of military equipment.
701.8 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment owned and/or utilized by the Carmel-by-the-Sea Police Department.

See attachment: CPD 706, CPD Equip Owned Oper.pdf
Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Carmel-by-the-Sea Police Department 6 Attachments
Attachment 3
Carmel-by-the-Sea Police Department
Carmel PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Carmel-by-the-Sea Police Department 7 CPD 701
CPD Equip Owned Oper.pdf
Attachment 3
Carmel-by-the-Sea Police Department
Military Equipment List
July 2024
Type Section 14 - Less lethal shotguns and kinetic energy munitions Description Kel-Tec KSG patrol shotguns converted to less lethal The shotguns have orange colored stock and foregrip to signify a less-lethal device Quantity Four (4)
Capabilities The less lethal shotgun platform utilizes kinetic energy munitions (aka “bean bag” or Super-Sock©) which are shot filled ballistic fiber, weighing approximately 40 grams, and resembling a small bean bag or sock. The bag travels at a lower velocity than a regular shotgun projectile to reduce any potential penetration and an advertised maximum effective range of 75 feet.

Expected Lifespan 20 + years
Manufacturer’s
Description
The Kel-Tec KSG is a bullpup 12-gauge pump-action shotgun designed by Kel-Tec. It has two tube magazines which the user of the gun can switch between manually. Each tube holds up to seven

2.75” shotgun shells or six 3” shotgun shells. 26.1” in overall length with 18.5” barrel length.

Purpose and
Authorized Use
This platform and munitions are utilized as a less-lethal force option by officers who have successfully completed the required training.

Fiscal Impact The initial cost to purchase the (4) shotguns was $3,146.30 in 2019; however, the cost of conversion was approximately $350.00 per shotgun.

On-going: approximately $200.00 for ammunition per year for practice and qualification.

Legal, Procedural,
and Compliance
CA Commission on Peace Officer Standards and Training (POST) Reg: 1005 (Minimum training standards), Reg 1081 (Shotgun)
CPD Policies – 300 (Use of Force), 308 (Control Devices and Techniques), 312 (Firearms) Training
Requirements
The initial training for the shotgun platform: POST Reg 1005 (Minimum training standards),1081 (16 hours for shotgun), 1082 (Minimum Content – Less Lethal Instructors) Less lethal training: POST certified less lethal device course 2- or 4-hour course Carmel-by-the-Sea Police Department
Military Equipment List
July 2024
Type Section 10 - Patrol rifle/carbine, semi-automatic
Description Colt M4/AR15 (6); Patrol rifles are fitted with EOTECH holographic sights Quantity Six (6)
Capabilities Colt M4/AR15 fire a .223 cal./5.56 mm rifle ammunition which offer more power, range, and accuracy at longer distance than the issued service handgun.

Expected Lifespan 15+ years
Manufacturer’s
Description
“The combat proven M4 platform takes a tactical turn with the release of the Colt® Law Enforcement M4 Carbine Semi-Auto Rifle. The 6-position collapsible stock offers custom adjustment from 35.5" down to 32" for increased maneuverability in tight quarters. This fast-aiming, and reliable carbine comes equipped with muzzle compensator and Magpul MBUS folding backup sight ready when you need it. The 16.1" M4 chrome-lined barrel has 1:7 rate-of-twist rifling*.” Purpose and
Authorized Use
The patrol rifle/carbine enables officers to address short to long distance threats, and/or those threats who are heavily armed, armored, or both. In both short and long-distance deployments, patrol rifles provide officers with a platform that can assist in a more precise shot placement reducing the risk to officers and innocent by-standers.

Fiscal Impact Initial: Approximately $1,500/rifle at the time of purchase (between 2005 and 2016) Ongoing: approximately $2,000.00 in ammunition cost annually for training and qualification Legal, Procedural,
and Compliance
Penal Code 33220(b) - Authorization and requisite POST training requirements POST Reg: 1005 (Minimum training standards), 1070 (Certified instruction), 1081(Rifle) CPD Policies: 300 (Use of Force), 312 (Firearms)
Training
Requirements
16-hour POST certified patrol rifle course taught by POST certified instructors; annual training and qualification
* Description for specific models owned by CPD are no longer available on the current Colt website. Description taken from Cabelas.com for Colt LE Carbine.

Carmel-by-the-Sea Police Department
Military Equipment List
July 2024
Type Section 12 - Irritant munitions (aka “tear gas”)
Description Combined Systems Inc. (CSI), Combined Tactical Systems (CTS) irritant munitions Quantity Fifteen (15) CTS 3330, 37mm CS Liquid Barricade Smokeless Twenty-five (25) CTS 3300, 37mm Inert Barricade Smokeless Nine (9) CTS 5230, CS Cannister Grenade
Capabilities 3330 – Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. Velocity 385-425 fps, effective range of 50 yards 3300 – Inert. Velocity 385-425 fps, effective range of 50 yards 5230 - Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard.

Expected Lifespan 5-year warranty
Manufacturer’s
Description
“CTS produces a full line of chemical irritant and smoke munitions. The comprehensive line includes grenades, 12gauge, 37mm and 40mm projectiles. These less-lethal options address a wide range of scenarios from assisting tactical teams in displacing or detecting barricaded subjects to aiding riot control units charged with maintaining order in public or correctional environments.” “CTS Manufactures a wide range of single and multiple projectile munitions with payload capabilities exceeding those of any other less-lethal manufacturer. Single projectile offerings are extremely accurate for selective engagement in a variety of situations.”
Purpose and Authorized
Use
The Monterey Peninsula Regional Special Response Unit (SRU) members utilize these devices to distract and/or gain compliance of potentially dangerous individuals during critical incidents such as a violent barricaded subject, hostage situations, high-risk search warrant or arrest warrant situations.

Fiscal Impact No direct cost to the City; Recent purchase was $2,645.10 funded by the SRU Replacement cost varies depending on utilization $ 23.00 – 36.00 per individual device, funded by SRU Legal, Procedural, and
Compliance
Penal Code 22820 (required POST training)
POST Reg: 1070 (Certified Instruction), 1081 (Chemical Agents), 1082 (Chemical Agent Instructor) CPD Policies: 300 (Use of Force), 404 (MPR SRU)
Training Requirements POST chemical agents, three modules, 10-hour course. SRU training: 80-hour POST certified basic S.W.A.T. course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 9, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Mary Bilse, Environmental Programs Manager APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Letter authorizing the County of Monterey to execute all documents necessary to continue to implement the annual Used Oil Payment Program on behalf of the City during Fiscal Year 2024/25
RECOMMENDATION:

Authorize the City Administrator to send a letter authorizing the County of Monterey to execute all documents necessary to continue to implement the annual used Oil Payment Program on behalf of the City during Fiscal Year (FY) 2024/25.

BACKGROUND/SUMMARY:

For over 16 years, the Monterey County Environmental Health Bureau has successfully collaborated with the City and other local municipalities to implement a countywide Used Oil and Filter Recycling Program.

This program is funded by an Oil Payment Program (OPP) grant from the California Department of Resources Recycling and Recovery (CalRecycle). The Monterey County Environmental Health Bureau has served as the administrator of the OPP on behalf of all cities and the unincorporated area of the County, resulting in the leveraging of resources and consistency in outreach efforts.

In FY 2022/23, the County collected 194,659 gallons of oil and 39,405 used oil filters for proper disposal.

The County also ran 170 ads through various media outlets, including radio, newspaper and online. In addition, the filter exchange program also provided 145 filter vouchers during Community Clean Up Days.

Additional program highlights are included in the County’s letter to the City (Attachment #1).

In order to continue this successful partnership, the City must provide a letter each year (Attachment #2) authorizing the Monterey County Environmental Health Bureau to act as the lead agency to administer the OPP.

FISCAL IMPACT:

The program is funded by a CalRecycle grant and does not impact the City’s budget.

PRIOR CITY COUNCIL ACTION:

Council authorized sending similar letters on July 6, 2021, June 6, 2022, and July 11, 2023 to continue the Used Oil Program.

ATTACHMENTS:

Attachment 1) Letter from Monterey County Department of Health and Annual Report Attachment 2) Draft Letter to Monterey County from City Administrator May 17, 2024
Chip Rerig
City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel-by-the-Sea, CA 93921
Dear Mr. Rerig:

Each year the Monterey County Environmental Health Bureau (EHB) requests a letter of authorization from the City Administrator or designee authorizing the County of Monterey to execute all documents necessary to continue to implement the annual Oil Payment Program Cycle 15 (OPP15) on your city’s behalf. A sample letter is enclosed for your convenience. We request that you return the signed authorization letter to our office by May 31, 2024 to ensure timely submittal to CalRecycle.

For over 15 years, the EHB has administered a successful countywide Used Oil & Filter Recycling Program on behalf of all cities and the unincorporated area of Monterey County. The Program is funded by a grant from the California Department of Resources Recycling and Recovery (CalRecycle) and supports used oil and filter recycling activities throughout the County. Enclosed is the FY 2022-2023 Annual Report Summary detailing the activities, outreach events and volume collected as a result of this program. Below are a few highlights of program activities:
 Ran over 170 ads in English and Spanish through various media outlets.  Filter exchange program paid for 145 filters for residents that were given vouchers when recycling used oil filters during Community Clean Up Days.  Collected 194,659 gallons of used oil and 39,405 used oil filters.

Continuing to pool funds allows both the Cities and County to continue to achieve greater efficiencies by maximizing resources, allowing consistency in outreach efforts, and preventing duplication of labor. I look forward to continuing working with your city in providing used oil and filter recycling services to our community.

Please contact Recycling Services at (831) 755-8907 should you need further information regarding this program.

Sincerely,
Ric Encarnacion, REHS, MPH
Bureau Chief, Environmental Health Bureau
DocuSign Envelope ID: 0FF28332-3710-4EE7-A7F1-0096E7A72E85 Attachment 1
Recipient/Jurisdiction: Monterey County Status: Open
Fiscal Year: 2022-23 Program Advisor: Batavia, Ashraf
Annual Report Summary
Oil Collection Type Oil (Gallons) Oil Filters
Certified Collection Centers 100,445
PHHW and ABOPS 25,110 6,840
Agricultural Collection 50,375 25,750
Residential Collection 17,359 6,315
Marinas 1,370 500
Oil Collection Total: 194,659 39,405
Expenditures
PAYMENT NUMBER : OPP12-21-0251
AVAILABLE BALANCE 56,048.11
Administration Indirect / Overhead Cost 8,356.73
Personnel 4,508.91
Collection Curbside (allow resident 5,338.50
Permanent HouseHold Haza 26,719.94
Education DMV Ads 5,850.00
Other 715.55
Materials/Construction Oil Absorbent Rags/Socks 1,758.48 Oil Tanks 2,800.00
REMAINING BALANCE 0.00
PAYMENT NUMBER : OPP13-23-0251
AVAILABLE BALANCE 96,136.00
Administration Indirect / Overhead Cost 4,597.30
Personnel 10,187.17
Collection Curbside (allow resident 5,757.25
Permanent HouseHold Haza 24,715.48
Education Other 821.36
Materials/Construction Oil Tanks 4,491.74
REMAINING BALANCE 45,565.70
Attachment 1
Program Highlights
Theme: One of the main activities of the Used Oil Program is to promote/increase used oil filter collection. What activities did you conduct to increase used oil filter collection?
The County of Monterey Used Oil and Filter Recycling Program provides outreach and education to residents of Monterey County on how to recycle used oil and filters. During the 2022 calendar year Monterey County Environmental Health (MCEH) placed electronic and radio advertisements, conducted site visits to local Certified Collection Centers (CCC’s) and continued to cover the cost of used oil and filter hauling for garbage and recycling haulers, agricultural and marine centers. The program also continues to cover the cost of maintenance and repairs of oil tanks at various oil collection sites.
o Paid for advertisements at CA DMV – Salinas location that ran from April through December 2022. o Paid for 170 – 15 second radio ads both in English and Spanish radio iHeart Radio on the Total Traffic & Weather Network focusing on the residential and curbside collection programs. Advertisements are played on KDON 102.5, KION 101.1FM, KOCN 105.1, KTOM 92.7 and La Preciosa KPRC.

Staff post information on recycling used oil and filters via Instagram and the County website.

Conducted 29 site visits to Certified Collection Centers.

Did you increase or decrease used oil and filter collection compared to last year? How much and why? Used oil collection increased in Monterey County in 2022 with a significant increase in used filter collection compared to 2021. The significant increase in filter collection could be the cause of the following:
• Salinas Valley Recycles submitted their used oil and filter collection from DIYers. • Haulers also improved their tracking of filter collection and submitted their data to the County of Monterey when requested.

The total gallons of used oil collected in 2022: 194,659 gallons. This was a 7% increase compared to the prior year.

The total number of used oil filters collected in 2022: 39,405 filters. This was a 31% increase compared to the prior year.

Oil Collection at CCC’s increased by 6%. Filters data is not accurate, no data was provided. MCEH staff would like to know how to obtain the filter data collected by the CCC’s so that it can be incorporated in the report.

Collection at PHHW/ABOP’s increased by 175% for used oil and 204% in filter collection. The increase of both oil and filters collected is mainly because the staff was able to obtain data from Salinas Valley Recycles HHW collection sites. Information on HHW disposal is listed on Monterey County’s website as well as the HHW collection sites' webpages. Also, when staff tables at community clean-up events direct outreach on HHW is provided to the public.

Collection at Agricultural Used Collection centers decreased by 18% for used oil and there was no difference in filter collection. Collection at Sturdy Oil continues to be the main collection center for the Monterey County AG program. MCEH staff annually participates in the AG expo as a way to educate small farmers on how to recycle used oil and filters.

Used oil collection for the Curbside program increased by 37% and over 300% for filter collection. MCEH staff placed electronic and radio advertisements for the curbside program. MCEH utilizes Instagram as a platform for outreach. Staff used the manifest data provided by Bayside Oil, our used oil hauler, and contacted the haulers directly to obtain this data.

Marine
Used oil collection at marine centers decreased 54% in used oil collection while filter collection remained the same for both 2022 and 2021.

Were there any program changes from this year to last year? MCEH continued with filter exchange events as more community clean-up events resumed after taking a pause during the pandemic. There was a total of 6 filter exchange events in 2022, which resulted in 154 new filters for residents that recycled used filters. MCEH also brought back used oil recycling advertisements for CA DMV Salinas location that began in April 2022.

If you dropped a program or method, why do you think it didn't work? Mainly due to the decrease in grant funding, the County of Monterey put a pause on radio ads as of June 2022 however they will continue in 2023.

What program or method has worked best for you?
Filter exchange events continue to be the best method for providing education and outreach because staff can connect directly with the public and answer questions that might arise.

Did you develop any best practices or techniques to share with other grantees? Not at this time.

What can CalRecycle do to help you? Or what would you like to see modified to better assist you? Provide ideas on how to assist certified collection centers that have a problem with illegal dumping of oil/ filters.

While conducting site visits, we noticed that there were a couple of sites that were no longer collecting oil/ filters from the public. How do we remove these sites from the list?
Attachment 1
“I certify under penalty of perjury, under the laws of the State of California, that I have read the Oil Payment Program (OPP) Guidelines (Guidelines), that the submitted Annual Report and Expenditure information is correct, and that all funds received under the OPP have been expended in accordance with the Guidelines.” X
Date
Print Name
Signature of Signature Authority (as authorized in Resolution) or Authorized Designee (as authorized in Letter of Designation)
IMPORTANT! Recipient must print out this page, obtain Signature of Signature Authority, upload signed document to the LoGOPP system, and retain the original document in Recipient's cycle file.

Annual Report Certification
8/11/2023 | 3:11 PM PDT
Elsa Jimenez
Attachment 1
City of Carmel-by-the-Sea

DEPARTMENT OF PUBLIC WORKS

POST OFFICE BOX CC
CARMEL-BY-THE-SEA, CA 93921
(831) 620-2070
July __, 2024
Mr. Ric Encarnacion, REHS, MPH
Bureau Chief of Environmental Health Bureau
County of Monterey
1270 Natividad Road
Salinas, CA 93906
Subject: Authorization Letter for the Used Oil Payment Program Cycle 15, FY 2024/25 As the City Administrator of the City of Carmel-by-the-Sea, I am authorized to contractually bind the City of Carmel-by-the-Sea. Pursuant to this authority, I hereby authorize the County of Monterey to submit a regional application and act as Lead Agency for the Used Oil Payment Program Cycle 15 for Fiscal Year 2024/25 on behalf of the City of Carmel-by-the-Sea.

The County of Monterey is hereby authorized to execute all documents necessary to implement the grant under the Used Oil Payment Program Cycle 15 (OPP 15).

For any questions, please contact Mary Bilse, Environmental Programs Manager, at 831-620- 2078.

Sincerely,
Chip Rerig
City Administrator
P.O. Box CC
Carmel-by-the-Sea, CA 93921
Cc: Robert Harary, P.E., Director of Public Works
Mary Bilse, Environmental Programs Manager
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 9, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2024-058, Authorizing one (1) free use day of the Sunset Cultural Center theater and lobby for Peace of Mind Dog Rescue and the Carmel Dance Festival event "DANCE for the Love of Dogs" in April 2025
RECOMMENDATION:

Adopt Resolution 2024-058, Authorizing one (1) free use day of the Sunset Cultural Center theater and lobby for Peace of Mind Dog Rescue and the Carmel Dance Festival event "DANCE for the Love of Dogs" in April 2025.

BACKGROUND/SUMMARY:

The 2017 Agreement between the City and Sunset Cultural Center, Inc. (SCC) provides that the City shall have the right to use the theater and lobby for up to twelve (12) full days each fiscal year without charge, as long as the spaces have not already been committed to rental customers by SCC.

Executive Summary
Peace of Mind Dog Rescue (POMDR) and Carmel Dance Festival (CDF), two local non-profits, have requested that the City Council grant them one (1) free use day of the Sunset Center for their community event in April 2025 (Attachment 2).

The event, titled "DANCE for the Love of Dogs," aims to celebrate the bond between humans and their canine companions. It will feature professional dancers from Ballare Carmel and is designed to raise scholarship funds for aspiring dancers and help find forever homes for dogs in need.

POMDR, founded in 2009, focuses on helping seniors keep their dogs and facilitating the adoption of senior dogs. CDF, established in 2021, promotes community involvement in dance. Together, they aim to create a memorable and impactful event benefiting both people and animals.

The benefits of this event to Carmel and its neighboring communities are manifold: proceeds from ticket sales will provide scholarships to the CDF Dance & Choreography Fellowship Program. Fund-raising opportunities such as sponsorships and program advertising will be available to participating animal welfare organizations, and the event will spread awareness about pet adoption and inspire individuals to adopt or volunteer. Additionally, attendees will learn about dance classes and physical fitness opportunities, fostering community cohesion and overall well-being.

Recommendation
Staff requests that Council consider adopting the attached Resolution, which will grant one (1) of the City's Free Use Days of the Sunset Cultural Center Theatre and Lobby for Peace of Mind Dog Rescue and the Carmel Dance Festival event "DANCE for the Love of Dogs" in April 2025.

FISCAL IMPACT:

None for this item.

PRIOR CITY COUNCIL ACTION:

None for this item.

ATTACHMENTS:

Attachment 1) Resolution 2024-058
Attachment 2) POMDR and CDF Request Letter

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-058

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING A

FREE USE DAY OF THE SUNSET CENTER THEATER AND LOBBY FOR PEACE OF MIND DOG RESCUE AND THE CARMEL DANCE FESTIVAL EVENT "DANCE FOR THE LOVE OF DOGS" IN APRIL 2025
WHEREAS, the City's Amended and Restated Lease Agreement with Sunset Center Cultural Center (SCC), adopted by the City Council on June 6, 2017, stipulates that the City shall have the right to use the Sunset Center theater, lobby and dressing rooms for up to twelve (12) full days (designated in the Lease Agreement as "Free Theater Days") each fiscal year without charge; and WHEREAS, Peace of Mind Dog Rescue is a local 501c non-profit organization focuses on helping seniors keep their dogs and facilitating the adoption of senior dogs; and WHEREAS, Carmel Dance Festival is a local 501c non-profit organization that promotes community involvement in dance; and
WHEREAS, Peace of Mind Dog Rescue and Carmel Dance Festival are joining together to hold a community event “DANCE for the Love of Dogs” in April 2025; and WHEREAS, the event aims to celebrate the bond between humans and their canine companions, featuring professional dancers from Ballare Carmel and is designed to raise scholarship funds for aspiring dancers and help find forever homes for dogs in need; and WHEREAS, the proceeds generated from the event will go toward scholarships for the Carmel Festival Dance & Choreography Fellowship Program, and spreading awareness about pet adoption; and WHEREAS, granting Peace of Mind Dog Rescue and the Carmel Dance Festival one of the Sunset Center Free Theater Days will result in significant savings in facility use fees for this organization.

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:

Authorize Peace of Mind Dog Rescue and the Carmel Dance Festival to utilize one of the City's Sunset Center Free Theater Days for their annual spring benefit in April 2025.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 9th day of July 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
________________________ __________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
Thursday, May 16th, 2024
Dear Members of the Carmel City Council:

Peace of Mind Dog Rescue (POMDR) and Carmel Dance Festival (CDF) have united in a collaborative effort to enrich and support the well-being of our community. This endeavor aims to benefit Carmel and its surrounding areas through an engaging, informative, uplifting, and impactful event.

Founded in 2009 by Carie Broecker and Monica Rua, POMDR is a 501C3 organization dedicated to aiding seniors who face challenges in keeping their beloved dogs at home. POMDR also facilitates the adoption of senior dogs in need of new homes. Carie's exceptional work with POMDR earned her recognition as a CNN Hero in 2022.

Similarly, CDF, established in 2021, operates as a 501C3. The organization’s vision is to involve our diverse community in experiencing, performing, and embracing dance. Ballare Carmel, the professional dance company affiliated with CDF, has garnered acclaim for its performances at renowned venues such as Sunset Center, Hidden Valley Music Seminars, and Sand Box. Offering classes for all ages and abilities, CDF aims to promote the health and well-being of our community. Lillian Barbeito, a renowned dancer and director, partners with Grant Barbeito, an award-winning photographer and documentarian, in leading CDF.

Together, CDF and POMDR are collaborating on a performance titled “DANCE for the Love of Dogs,” featuring professional dancers from Ballare Carmel in pieces dedicated to the canine companions we cherish. While dogs themselves won't perform, their admirable qualities, such as loyalty, playfulness, and humor, will be celebrated through the dances. Every shelter and rescue group in Carmel and neighboring communities will be invited to participate by hosting information booths and sending representatives for the lobby and post-performance gatherings.

We kindly request your consideration for a free use day of the Sunset Center for our event in April 2025. Please inform us if you require further information.

Thank you for considering our request.

Respectfully,
Carie Broecker Lillian Barbeito
Peace of Mind Dog Rescue Carmel Dance Festival
[email protected] [email protected]
831.601.4253 310.923.2766
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 9, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Rob Culver, Superintendent, Public Works
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2024-059 approving a list of street projects for Fiscal Year 2024/25 partially funded by SB1: The Road Repair and Accountability Act of 2017 RECOMMENDATION:

Adopt Resolution 2024-059 approving a list of street projects for Fiscal Year 2024/25 partially funded by SB1: The Road Repair and Accountability Act of 2017.

BACKGROUND/SUMMARY:

California charges excise and sales taxes on gasoline and diesel fuel for transportation-related purposes and allocates a percentage of the funding to cities and counties. This funding is known as the Highway Users Tax Account (HUTA), also referred to as the gas tax. Until 2017, the gas tax had not been updated in 23 years, and the State was confronted with a backlog of deferred infrastructure repairs for bridges, freeways, and roads.

In April 2017, the Governor signed Senate Bill 1 (SB 1), the Road Repair and Accountability Act, into law.

This legislation addresses road maintenance, rehabilitation, and safety needs of both the State highway system and local streets by increasing the per gallon fuel excise taxes, raising diesel fuel sales taxes, and charging new vehicle fees. SB 1 is estimated to generate $1.5 billion a year for California cities and counties for street maintenance efforts statewide. Since November 1, 2017, a portion of this new funding, called the Road Maintenance and Rehabilitation Account (RMRA), has been apportioned by formula to eligible cities and counties for local street purposes.

In order for the City to be eligible to receive RMRA funds, the City must:

1. Adopt City budgets that include the proposed SB 1 street projects list.

2. Incorporate the SB 1 project list, including project description, locations, schedule, and estimated useful life, in the Capital Improvement Plan (CIP), and submit the CIP to the California Transportation Commission annually by October 16.

3. Sustain a certain amount of local funding for streets, known as the Maintenance of Effort (MOE).

4. Report on the use of the funds annually.

Public Works has identified the proposed street projects based on the Street Saver Pavement Management System. In the Fall of 2022 working with the Transportation Agency of Monterey County (TAMC) and their paving consultant, NCE, the City’s field condition assessment was reanalyzed, and the updated pavement rehabilitation strategies and cost information were incorporated into the Pavement Management System database.

Used by numerous agencies throughout California, the Street Saver System scientifically optimizes public funds by targeting pavement rehabilitation strategies to roadway segments which are about to slip into rapid decline, rather than allocating dollars to an agency’s most damaged pavement sections which will ultimately require more-costly, complete pavement section reconstructions. Public Works staff has slightly modified the Street Saver’s recommended roadway segment list due to other planned projects and by grouping similar pavement rehabilitation treatments to further optimize cost-effectiveness.

Formation of the "Conglomerate Paving Project FY 24-25" was formulated as follows:

Due to higher than anticipated construction bids received for the Annual Paving Project for FY 21-22, four additive bid items were not awarded for the construction contract. The bid items were for asphalt overlays along San Antonio Avenue, between Fourth and Ocean Avenues, San Antonio, between Ocean and Eighth Avenues, Monte Verde Street, between Fourth and Ocean Avenues, and along Torres Street, from Second to Fourth Avenues. All four of these bid additives, have a construction cost estimate of $835,000. All four of these street segments will be included in the Conglomerate Paving Project FY 24-25.

Secondly, the FY 22-23 Concrete Street Repairs Project which for the design is complete is "shovel ready" for construction; however, the construction cost estimate is nearly $3 million. Therefore, the majority of this project will be shelved until future capital funding becomes available. However, the reconstruction of the San Antonio-Ocean Avenue intersection which has a cost estimate of $293,000 will be included Conglomerate Paving Project FY 24-25.

In addition, in April 2023, Council adopted a list of streets to be included in the FY 23-24 Annual Paving Project. The City’s annual Maintenance of Effort funding ($674,000 for FY 24-25) leverages external funds via TAMC from Measure X, Gas Tax, SB 1 - the Road Maintenance and Rehabilitation Account (RMRHA), and the Regional Surface Transportation Program (RSTIP). This project included design and construction of asphalt pavement overlays of nine roadway segments, including Upper Ocean Avenue and Santa Lucia Avenue, between Dolores Street and Rio Road, removal of failed pavement sections and providing a slurry seal treatment on 21 road segments predominately in residential neighborhoods, and replacing broken sidewalks with permeable pavers along five road segments in the downtown area.

The project description for “Streets and Road Projects” will include the following lists of streets planned to be partially funded with HUTA and RMRA account revenues:

Resurface the following streets with an asphalt overlay:

1. Ocean Avenue, Carpenter Street to East City Limits

2. Santa Lucia Avenue, Dolores Street to Rio Road

3. Sixth Avenue, Guadalupe Street to Carpenter Street

4. Tenth Avenue, Junipero to Mission Streets

5. San Antonio Avenue, Fourth Avenue to Ocean Avenue

6. San Antonio Avenue, Ocean Avenue to Eight Avenue

7. Monte Verde Street, Fourth Avenue to Ocean Avenue

8. Torres Street, Second Avenue to Fourth Avenue

9. San Antonio Avenue and Ocean Avenue Intersection
Remove sections of failed pavement, and slurry seal the following road segments:

1. Second Avenue, Casanova to Monte Verde Streets

2. Third Avenue, Monte Verde to Dolores Streets

3. Sixth Avenue, Junipero to Torres Streets

4. Sixth Avenue, Monte Verde Street to Lincoln Street

5. Sixth Avenue, Dolores to Mission Streets

6. Dolores Street, Vista to Second Avenues

7. Dolores Street, Fifth to Ocean Avenues

8. Flanders Way, Vizcaino to Crespi Avenues

9. Forest Road, Ocean to Seventh Avenues

10. Guadalupe Street, Second to Third Avenues

11. Guadalupe Street, Fifth to Sixth Avenues

12. Lobos Street, First to Second Avenues

13. Mission Street, Ocean to Eighth Avenues

14. Monte Verde Street, Second to Fourth Avenues

15. Monterey Street, North End to Second Avenue

16. Perry Newberry Way, Fourth to Sixth Avenues

17. Pine Ridge Way, Forest Road to Turn Around

18. Santa Fe Street, Third to Fourth Avenues

19. Santa Rita Street, North City Limits to Mountain ViewAvenue

20. Torres Street, North of Eleventh Avenue

21. Vizcaino Avenue, Mountain ViewAvenue to Flanders Way Remove broken areas of concrete, asphalt, and brick sidewalks, and replace with permeable pavers, where needed, along the following street segments:

1. Junipero Street – west side, Sixth to Ocean Avenues

2. Northwest Corner – Dolores Street and Seventh Avenue

3. Northwest Corner – Dolores Street and Sixth Avenue

4. Sixth Avenue – south side, Mission to Junipero Streets

5. Southeast Corner – Dolores Street and Ocean Avenue
Install ADA-compliant ramps at intersections and modify drainage as required. Restore traffic striping and pavement markings as indicated on the plans, and provide landscaping and/or trees to supplement the project.

Note: Currently, costs of roadway materials and construction labor are highly erratic due to construction labor shortages, busy contractors, supply chain issues, and inflation. Therefore, it is unknown at this time which, and to what extent, the above list of streets can be repaired. Further, local engineering design firms are facing staffing shortages and backlogs of work, leading to project delays.

However, bundling similar projects with the same, or similar, pavement resurfacing treatments (asphalt overlays and slurry seals), will stretch the limited available funding in a cost-effective manner.

The useful life of the repaired road segments will depend on the pavement rehabilitation method selected for each street. An asphalt overlay may extend the useful life of the residential and collector streets by 20 to 25 years, and arterials (Ocean Avenue) by 15 to 20 years. A slurry seal may have a useful life of 5 to 10 years.

The design of this project is currently in design and anticipated to begin with construction in the fall of 2024, following the busy summer season."
FISCAL IMPACT:

The City is estimated to receive a total of $445,944 in FY 2024/25 from the following sources, via TAMC:

No. Funding Source Estimated Amount
1 Measure X $238,421
2 Highway Users Tax (Gas Tax) $88,746
3 SB 1 - RMRA $81,920
4 Regional Surface Transportation
Program Fair Share (RSTP)
$36,857
Total $445,944
These amounts will be shown as revenue in the City's budget for FY 2024/25 and allocated to the street paving project within the Capital Projects Fund.

In order to receive this funding, the City must annually expend from its General Fund for street purposes, an amount not less than the annual average of its expenditures of the past three (3) fiscal years. This amount is known as Maintenance of Effort (MOE). Based on the most recent available information, the City's MOE for FY 2024/25 is $674,279 This figure will be included in the City's Capital Improvement Plan for FY 2024/25.

The total Project funding is estimated to be $2,810,000.

The program-level cost estimates for the various components of the Projects are tabulated below:

No. Component Budget
1 Engineering & Design $180,000
2 Pavement Overlays (9 Streets) $1,150,000
3 Slurry Seals (21 Streets) $860,000
4 Sidewalk Repairs (5 Locations) $152,000
5 ADA ramps, bike & pavement markings,
drainage, trees/ landscape
$187,000
6 Contingency 10% $281,000
Total $2,810,000
PRIOR CITY COUNCIL ACTION:

In April 2023, Council adopted Resolution 2023-033, approving a list of streets to be paved in FY 2023/2024 partially funded by SB1: The Road Repair and Accountability Act of 2017.

ATTACHMENTS:

Attachment 1) Resolution 2024-059

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO 2024-059

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING A LIST OF STREETS TO BE RESURFACED IN THE FISCAL YEAR 2024/25 CAPITAL IMPROVEMENT PLAN AND BUDGET PARTIALLY FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Carmel-by-the-Sea are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated total of $81,920 in RMRA funding in Fiscal Year 24/25 from SB 1; and
WHEREAS, this is the eight year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City has used a Pavement Management System (StreetSaver) to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City overlay approximately nine road segments, slurry seal approximately twenty-one road segments, and repair sidewalks at five locations, as well as similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in fair but at-risk condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a satisfactory condition; and
Attachment 1
Resolution 2024-059

Page 2 of 3 ends

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY DECLARE:

1. The foregoing recitals are true and correct.

2. The following list of street and sidewalk projects will be funded in-part with Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account revenues:

Resurface the following streets with an asphalt overlay:

1. Ocean Avenue, Carpenter Street to East City Limits

2. Santa Lucia Avenue, Dolores Street to Rio Road

3. Tenth Avenue, Junipero Street to Mission Street

4. Sixth Avenue, Guadalupe Street to Carpenter Street

5. San Antonio Avenue, Fourth Avenue to Ocean Avenue

6. San Antonio Avenue, Ocean Avenue to Eight Avenue

7. Monte Verde Street, Fourth Avenue to Ocean Avenue

8. Torres Street, Second Avenue to Fourth Avenue

9. San Antonio Avenue and Ocean Avenue Intersection
Remove sections of failed pavement, and slurry seal the following road segments:

1. Sixth Avenue, Junipero Street to Torres Street

2. Sixth Avenue, Monte Verde Street to Lincoln Street

3. Dolores Street, Vista to Second Avenue

4. Dolores Street, Fifth Avenue to Ocean Avenue

5. Flanders Way, Vizcaino Avenue to Crespi Avenue

6. Forest Road, Ocean Avenue to Seventh Avenue

7. Guadalupe Street, Second Avenue to Third Avenue

8. Guadalupe Street, Fifth Avenue to Sixth Avenue

9. Lobos Street, First Avenue to Second Avenue

10. Mission Street, Ocean Avenue to Eighth Avenue

11. Monte Verde, Second Avenue to Fourth Avenue

12. Monterey Street, North End to Second Avenue

13. Perry Newberry Way, Fourth Avenue to Sixth Avenue

14. Pine Ridge Way, Forest Road to Turnaround

15. Santa Fe Street, Third Avenue to Fourth Avenue

16. Santa Rita Street, North City Limits to Second Avenue

17. Second Avenue, Casanova Street to Monte Verde Street

18. Sixth Avenue, Dolores Street to Mission Street

19. Third Avenue, Monte Verde Street to Dolores Street

20. Torres Street, 285” North of Eleventh Avenue to Eleventh Avenue

21. Vizcaino Avenue, Mountain View Avenue to Flanders Way Remove broken areas of concrete, asphalt, and brick sidewalk, and replace with permeable pavers, where needed, along to following street segments:

Attachment 1
Resolution 2024-059

Page 3 of 3 ends

1. Junipero Street, West Side, Sixth Street to Ocean Avenue

2. Dolores Street/Seventh Avenue, north west corner

3. Sixth avenue, North Side, Lincoln Street to Dolores Street

4. Sixth Avenue, South Side, Mission Street to Junipero Avenue

5. Dolores Street/Ocean Avenue, south east corner
Install ADA-compliant ramps at intersections and modify drainage as required.

Restore traffic striping and pavement markings as indicated on the plans.

Note: Currently, costs of roadway materials and construction labor are highly erratic due to construction labor shortages, contractor availability, supply chain issues, and inflation. Therefore, it is unknown at this time which, and to what extent the above list of street can be repaired. Further, local engineering firms are facing staffing shortages and backlogs of work, leading to project delays and higher costs.

However, bundling similar projects with the same, or similar, pavement resurfacing treatments (asphalt overlays and slurry seals), will stretch the available funding in a cost effective manner.

The useful life of the repaired road segments will depend on the pavement rehabilitation method selected for each street. An asphalt overlay may extend the useful life of residential and collector streets by 20 to 25 years, and arterials by 15 to 20 years. A slurry seal may have a successful life of 5 to 10 years.

This project is currently in design and is anticipated to begin with construction in fall of 2024.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 9th day of July, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________________ ____________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 9, 2024

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Paul Tomasi, Chief of Police & Public Safety Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2024-060 accepting a $9,800 donation from Community Emergency Response Volunteers (CERV) for the purchase of a Community Emergency Response Team trailer
RECOMMENDATION:

Adopt Resolution 2024-060 accepting a $9,800 donation from Community Emergency Response Volunteers (CERV) for the purchase of a Community Emergency Response Team trailer.

BACKGROUND/SUMMARY:

Community Emergency Response Volunteers (CERV) is donating a check to the Carmel Community Emergency Response Team (CERT) for the purchase of an emergency response trailer in the amount of $9,800. CERV was awarded the money through a grant by the Carmel Rotary. The City’s policy C89-41, Acceptance of Donations and Gifts to the City, requires City Council to accept all gifts in excess of $500 by resolution of the City Council. The money, if accepted will be deposited into the Carmel Police Department Donation Account: 101-000-00-36230 and used to purchase a Carmel CERT emergency response trailer and equipment.

FISCAL IMPACT:

None
PRIOR CITY COUNCIL ACTION:

None
ATTACHMENTS:

Attachment 1) Resolution 2024-060

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-060

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A $9,800 DONATION FROM COMMUNITY EMERGENCY RESPONSE VOLUNTEERS (CERV) FOR THE

CARMEL COMMUNITY EMERGNECY REPSONSE TEAM (CERT) PURCHASE OF A TRAILER WHEREAS, The Community Emergency Response Volunteers (CERV) was awarded a grant through the Carmel Rotary in the amount of $9800; and
WHEREAS, CERV wishes to donate the money to the Carmel Community Emergency Response Team (CERT) for the purchase of an emergency response trailer; and WHEREAS, the City’s Policy C89-41, Acceptance of Donations and Gifts to the City, requires the City Council accept all gifts in excess of $500 by resolution of the City Council.

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA DOES HEREBY:

Accept the $9,800 donation from CERV and authorize it to be deposited into the Carmel Police Department Donation Account, 101-000-00-36230.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 9th day of July, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED: ATTEST:
___________________________ ____________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 9, 2024

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Receive a report from the Police Building Ad Hoc Committee, and provide direction on authorizing Indigo/Hammond+Playle Architects to proceed with schematic design concepts for the Police Building Project.

RECOMMENDATION:

BACKGROUND/SUMMARY:

In December 2022, the Police Department Ad Hoc Committee was developed to reengage the Police Building Project that had previously been adopted as a Capital Improvement project in 2017, and subsequently placed on hold in 2020 due to the Coronavirus Pandemic.

In June 2023, Council awarded a professional Services Agreement with Indigo/ Hammond+Playle Architects (Indigo) for $300,000 to provide the following services:

1. Condition assessment report

2. Space programming report

3. Two design schematics

4. Final Report with cost estimates and schedules
In January 2024, after multiple meetings, the Ad Hoc Committee presented the results of the building condition assessment, the Police Department programing effort, and recommended next steps to the City Council at a public meeting. At this meeting a decision was made by Council to halt the project until there was more information provided to the public and the public had sufficient opportunity to review project needs and justification.

Over the last 6 months, the Ad Hoc committee has held multiple public listening sessions, conducted three public tours of the existing facility and one tour of the new Salinas Police Facility. The Ad Hoc Committee and the participants in the community meetings agree that the time has come for the City Council to make a decision and remobilize the project development effort.

Following the most recent public listening session on June 6th, the Ad Hoc Committee is unified in their desire to move a project forward to improve the Police Building. However, the two members are currently split in their recommended approach for how to move the project forward. Taking into consideration the Ad Hoc Committee's recommendation(s) below, the full Council should provide direction to staff regarding the next steps in the Police Building Project. Specifically, Council is being asked whether to authorize Indigo/Hammond+Playle to proceed in one of two directions:

1. Focus efforts on the current building only, and prepare schematic design concepts for the Police Building Project Options #1 & #2 (both at existing site), or;

2. Prepare a schematic design concept for Police Building Project Option #3 (Vista Lobos) in addition to either one or both of Police Building Project Options #1 & #2.

Here is a summary of each Police Building Project Option:

Option #1: Rehabilitate and expand the existing building on-site to accommodate the pragmatic functions of a contemporary police building.

Option #2: Demolish and rebuild the existing Police Building including the space used by Public Works and rebuild a structure that can meet the needs of a contemporary police facility and accommodate the Public Works Department.

Option #3: Explore the feasibility of building a police facility on a new site. Including this option would provide an additional cost analysis for comparison of the three options and help in the consideration of a final project.

All three options were presented as staff recommendations to the Council in the January 8, 2024 Council Meeting.

The Ad Hoc Committee members will be prepared to discuss considerations related to both approaches with the full Council.

FISCAL IMPACT:

Council appropriated $3,239,000 in Fiscal Year 2023/24 for this Capital Improvement Project. The current unencumbered balance is approximately $2,600,000.

Approximately $599,020 has been expended or encumbered as follows:

Indigo/Hammond & Playle Architects = $300,000
4Leaf Project Management = $129,780
Electrical Panel repairs = $54,000
Dispatch Room essential renovation = $16,000
Electrical Repairs in Dispatch = $41,360
Security System repairs = $28,730
IT Cabling repairs = $20,650
Steel Fire Doors repairs = $5,000
Roof leaks repairs = $3,500
Additional Schematic Design Cost
The current contract with Indigo/Hammond+Playle includes two (2) schematic designs to be produced, at the cost of $50,000 each. This cost would stay the same regardless of which two schematic designs are produced. If Council wishes to have a third schematic design produced, the additional cost would be $50,000.

PRIOR CITY COUNCIL ACTION:

December 2022, the Ad Hoc Committee of Mayor Potter and Councilmember Baron was created to develop a set of recommendations on the way forward.

June 2023, Council approved a Professional Services Agreement with Indigo Architects to assess the current building condition, develop the recommended program for a modern Police facility, and develop concept designs for 2 options.

January 2024 Study Session, Council received public comments and requested staff to pursue moving forward with the architect on schematic designs, subject to Council approval of a resolution.

ATTACHMENTS:

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 9, 2024

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Emily Garay, Administrative Analyst
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Receive a presentation on the exploration of street addresses, to be discussed, and provide staff with direction
RECOMMENDATION:

Receive a presentation on the exploration of assigning street addresses in the City of Carmel-by-the-Sea.

Consider and provide direction on the Ad Hoc Committee’s recommendation to move forward with the assignment of street addresses in the City of Carmel-by-the-Sea and to create an implementation plan and return to City Council no later than September 2024.

BACKGROUND/SUMMARY:

On October 4, 2022, the City Council received a presentation from staff regarding preliminary research and historical context on street addresses. The research included consideration by Council and residents in the past and the presentation of a “white paper” (Attachment 1). The focus was on the City’s intention to not implement door-to-door mail delivery and maintain the downtown post office operational for the community.

Staff continued research into street addresses with a recognition and emphasis on the topics of exploring street addresses and at-home/door-to-door mail delivery as two separate issues, with the intention of only exploring implementation of street addresses, not at-home/door-to-door mail delivery. A critical element identified by staff was the need for an official response from the USPS on whether implementing a street address system would compel mail delivery and/or result in the closure of the downtown post office.

At Council’s direction, staff diligently pursued further research into the process and requirements of implementing a street address system. With efforts including:

Addressing questions posed by City Council members and community members.

Gaining a thorough understanding of USPS processes and policies.

Establishing more consistent communication lines with USPS representatives.

Engaging with the USPS Address Management System Manager assigned to our district, (CA-Dist. 3), for guidance and clarification of the process.

Ad Hoc Committee
On November 7, 2023, the Mayor formed an Ad Hoc Committee dedicated to researching the street address system exploration, requirements, and implementation. Since its formation, the Ad Hoc Committee aligned its focus and research on addressing key questions posed by Councilmembers and the community regarding street address implementation.

Questions Researched
Staff and the Ad Hoc Committee aligned its research to answering the following questions:

1. Will street address implementation trigger at-home mail delivery?

2. Can a hybrid system be implemented?

3. Can the City definitively say the downtown post office will not close?

4. Does CA Fire Code compliance require the City to have street addresses?

5. How does street address implementation enhance public safety for Carmel-by-the-Sea?

1. Will street address implementation trigger at-home mail delivery? No, street address implementation in the City of Carmel-by-the-Sea will not trigger at-home mail delivery.

Based on research and direct engagement with the US Postal Service (USPS), staff and the Ad Hoc Committee determined that implementing a street address system will not trigger at-home mail delivery.

This conclusion was reached after reviewing the USPS Policies and Operations Manual (Attachment 2), consulting with the USPS Growth Manager and Address Management Systems Manager, and direct correspondence between Councilmember Ferlito and the USPS (Attachment 3).

In the correspondence between Councilmember Ferlito and the USPS Address Management Systems Manager, the USPS replied, “local post office will not close; mail delivery system will remain as is…[and] yes, the USPS is the authority for street address systems. Other entities and mailers use our mailing products to determine valid addresses.” Staff research and conversations with the Address Systems Manager clarified that while the USPS will not take any proactive action to relay any new address systems to third parties or companies, the USPS database is one the most widely used databases from which other parties, institutions, and companies gather public address information from.

2. Can a hybrid system be implemented? (similar to other cities and towns with addresses and PO Box mail delivery)
Yes, a hybrid system can be implemented. The USPS requirements for a street address system can be reviewed in Attachment 4.

A street address system implementation would result in a hybrid model for Carmel-by-the-Sea; community members would still use their PO Boxes for mail delivery (“centralized mail delivery” at the downtown post office) while having assigned street addresses, without at-home mail delivery. This hybrid system is used in other cities and towns such as Lake Arrowhead, La Granada, and San Juan Bautista.

3. Can the City definitively say the downtown post office will not close? No, the City cannot definitively state or guarantee that the downtown Post Office will never close.

Staff research and the Ad Hoc Committee’s discussions with USPS officials, along with the existing infrastructure at the downtown post office, indicate a positive outlook for its continued operation.

4. Does California Fire Code compliance require the City to have street addresses? Yes, in order to be in compliance under the California Fire Code, the City shall have street addresses and street address numbers with visible house numbers/building numbers, visible from the street.

As a matter of public safety, the California Fire Code provides standards to protect and promote public and community safety. Research and discussions among staff from multiple departments including the Director of Public Safety/Police Chief Tomasi, Fire Chief Miller, Building Official Laurie, and City Attorney Pierik, have concluded that street addresses and address identification numbers in the City of Carmel-by-the-Sea are required for compliance under the California Fire Code and as a significant tool for public safety.

The CA Fire Code section on Address Identification (Section 505.1) reads (emphasis added):

New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

In reviewing the possibility of exceptions or amendments to the California Fire Code, the City Attorney and Director of Planning and Building concluded that a city, in its adoption of the California Fire Code into its Building Code, may amend the Fire Code regulations, but those amendments may only, “establish more restrictive building standards, including, but not limited to, green building standards, reasonably necessary because of local climatic, geological, or topographical conditions.” Building and Fire Code Standards, as identified above in Section 505.1, describe the base requirements, including buildings being provided with approved address identification, numbers legible and visible from the street, with specific size and visibility requirements to facilitate emergency response and that address identification shall be maintained. A description of Parcel location relative to the nearest cross-street intersection that is in use today would likely be considered to be less restrictive than the Fire Code requirements for street addresses. For more information on the California Fire Code and Building Code, see Attachment 5.

5. How is the assignment of street addresses essential for public safety in the City of Carmel-bythe-Sea? Staff, the Ad Hoc Committee, Chief Tomasi, and Fire Chief Miller discussed the effects, challenges, workarounds, and training that goes into training Fire and Police staff for emergency responses in the City. While the Police, Ambulance, and Fire departments make concerted efforts to train emergency response personnel to work within the current non-confirming descriptive address system to provide the highest level of safety service to the community, some emergency personnel such as AMR ambulance services, who respond to 15-20% of medical emergencies in the City, are not as familiar with the current system and may cause delays in response times to provide essential aid. In an emergency situation in which CAL Fire of FEMA personnel may be a part of the response team, the current descriptive system could pose challenging for quick and essential response times.

PD Chief Tomasi explained,
Monterey Fire, Cal Fire, AMR, and Monterey County OES responses are handled by Monterey County Dispatchers. Only, the Fire Dispatcher has the mapping system for the City, which is how this group would respond to a call in our City.

Monterey Fire (our Fire Department) has a very good understanding of our mapping system to locate our addresses because of the volume and regularity of call responses. The other groups are more infrequent and therefore don’t have a full grasp of our addressing system. This is where we should be most concerned. A slow response by AMR, who responds to about 15-20% of our medical emergencies is an important concern and should be highlighted.

Another major concern is our County Emergency Notification System, an address-based notification system. We can only send alerts by zip code where other agencies can be more neighborhood specific. Right now, every time we send an alert message it goes to everyone in 93921. Consider the challenges we have faced for Missing Adults, or major incident notifications, where we cannot identify specific areas and have to notify everyone in 93921.

Other Considerations:

Residents and community members have communicated to Councilmembers and staff various hindrances and inconveniences as a result of not having a verifiable physical street address. Extended wait times for financial institution verification processes, lost or undeliverable packages, utilities set-up delays, etc. can affect everyday life and cause inconveniences but certain inconveniences may rise to a public health and safety issue when they fall in the realm of prescribed medication delivery or delivery of essential medical equipment.

Staff’s presentation to City Council will include an explanation of its research and recommendation regarding California’s Fire Code and Building Code as it relates to street addresses, the research and replies from the USPS Address Management Systems Manager, how it enhances public safety, and seek direction from City Council on whether to move forward with street addresses implementation by initiating and engaging in the established process with the local USPS Growth Manager or whether to conclude its research and maintain the status quo of not having a street address system in the City. If staff is directed to move forward, staff will return to Council with a road map and timeline for community engagement and outreach for the process.

FISCAL IMPACT:

N/A
PRIOR CITY COUNCIL ACTION:

On October 4, 2022, Council gave direction to staff to continue to do research on the topic and confirm if implementing a street address system will require mail delivery service.

On November 7, 2023, Council received a presentation on staff’s research and the Ad Hoc Committee for street address exploration was formed.

ATTACHMENTS:

Attachment 1) Street Addresses White Paper
Attachment 2) Chapter 63 Sections 631.1-643.1 USPS Postal Operations Manual (POM) Attachment 3) USPS Correspondence
Attachment 4) USPS Addressing Conventions
Attachment 5) Carmel-by-the-Sea Mail - Fwd_ CA building codes Attachment 6) Questions from City Council and Community Members

Page 1 of 6 ends

ADMINISTRATION DEPARTMENT

CITY OF CARMEL-BY-THE-SEA
TO: Chip Rerig, City Administrator and Maxine Gullo, Assistant City Administrator FROM: Emily Garay, Administrative Analyst
DATE: September 16, 2022
SUBJECT: Street Addresses in the City of Carmel-by-the-Sea

SUMMARY
In its 106-year history, Carmel-by-the-Sea has not implemented a formal street address system.

Tradition and preservation of the City’s charm, unique look, and culture have been at the forefront of its governing body and residents’ preference in the past to reject implementing a street addressing system have maintained the absence of house street numbers until this day.

Based on community feedback and the placement of street addresses on City Council’s 2022- 2023 priority project list, City staff presents historical context, residents’ and Council’s approach in consideration of street addresses in the past, and reasons to reconsider the issue out of contemporary necessity. With the presentation of its preliminary research, City staff looks for direction from City Council on how to proceed with the topic of street addresses in Carmel-bythe-Sea.

BRIEF HISTORY TIMELINE
1888 Santiago Duckworth begins promoting “Carmel City” as a (Catholic) retreat 1892 Santiago Duckworth works with Abbie Jane Hunter to promote Carmel-by-the-Sea 1902 Partners J. Franklin Devendorf and Frank Powers form the Carmel Development Company and begin to develop Carmel-by-the-Sea
1904 The City gets its first Post Office; L.S. Slevin becomes the first Postmaster of Carmelby-the-Sea; A.F. Horn was the first mail-carrier between Carmel and Monterey 1916 City of Carmel-by-the-Sea was incorporated
1925 Postmaster asks for houses to be numbered
1925 Citizens form resolution against houses being numbered 1925 Trustees direct house numbering map to be prepared 1926 Trustees pass house numbering ordinance (Ord. 68)
1926 Postal inspector rejects idea of home mail delivery in Carmel 1940 House number ordinance repealed (by Ord. 228)
1953 Council protests potential state bill for house numbers 1953 Carmel threatens to secede from the state of California when the state considered insisting on house numbers in every community
2000 Council receives staff report and votes to table discussion on street delivery 2021 Council and staff discuss the need to start discussion and process related to assigning addresses
Attachment 1

Page 2 of 6 ends

BACKGROUND
Carmel’s Beginnings
In 1888, Santiago J. Duckworth acquired 324 acres from landowner Honor Escolle with the intention of developing Carmel City into a Catholic summer retreat.1 Duckworth had the land surveyed by Monterey city engineer, W.C. Little and a map of the City was filed in May of 1888.2 Little’s map divided 135 blocks into four tracks and Duckworth began advertising lots for sale in July of 1888 for $20.00 and $25.00 for corner lots.3 Working with San Francisco businesswoman Abbie Jane Hunter, Duckworth continued advertising the lots for sale and in 1892 Hunter mailed promotional postcards advertising the City as “Carmel-by-the-Sea” for the first time.4 By late 1892, Duckworth prioritized his political aspirations and consequently ending his involvement with the promotion and development Carmel-by-the-Sea.

Carmel Development Company
In 1901, “two far-seeing idealistic men”, James Franklin Devendorf and Frank Powers arrived in Carmel City and soon purchased Escolle and Duckworth’s land holdings in the City.5 The pair founded the Carmel Development Company in 1902, with Powers providing financial backing and legal work and Devendorf managing the company and development of the land.6 They were “lovers of natural beauty and it meant more to them to get settlers who were interested in its preservation than to seek profitable expansion.”7 Devendorf and Powers envisioned a unique community next to the Pacific Ocean, “a seaside town on Carmel Beach in the pine forest alongside Carmel Mission.”8
Devendorf and Powers have long been considered the visionaries that developed the land in Carmel-by-the-Sea and along with it built a unique make up of residents with a penchant for the outdoors and community involvement. They sought to bring in residents “of small means who were interested in the arts”, the makeup of the residency was integral to Devendorf’s vision, so much so that the company sold lots for “nothing down, pay-when-you-can” to artists and performers wanting to live in Carmel-by-the-Sea.9 After a devastating earthquake and fire in San Francisco “left a group of artists, writers, and musicians homeless…many of them decided to settle in Carmel…their coming was set the future for the development of Carmel as a cultural 1 “Carmel-by-the-Sea Historically Speaking…,” Game & Gossip Magazine, December 7, 1966, 8-10. 2 Ibid. 3 Ibid.
4 Harold Gilliam, Ann Gilliam, Creating Carmel: The Enduring Vision, (Salt Lake City: Peregrine Smith Books, 1992) 16, 185–186. 5 “Unlike Most Subdivisions – Carmel Was Not Started as a Place to Make Money,” Monterey Peninsula Herald, August 27, 1949. 6 Harold Gilliam, Ann Gilliam, Creating Carmel: The Enduring Vision, (Salt Lake City: Peregrine Smith Books, 1992) 16, 185–186. 7 “Unlike Most Subdivisions – Carmel was Not started as a Place to Make Money,” Monterey Peninsula Herald, August 27, 1949. 8 James Franklin Devendorf to School Teachers of California and other Brain workers at in-door employment, Carmel-by-the-Sea, May 21, 1903. 9 “First Subdivision Map for Carmel Filed in 1902,” Monterey Peninsula Herald, June 1, 1970.

Attachment 1

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community inhabited by persons of vision who wished to preserve the natural beauty of their surroundings and the unique charm of a village in a forest above a white sand beach.”10 City of Carmel-by-the-Sea
The City of Carmel-by-the-Sea was incorporated in 1916, the same year voters chose members of the City’s first governing body.11 That first governing body focused on framing laws to protect the new City of Carmel-by-the-Sea with special attention to the protection of City trees.12 Political and cultural battles between residents and a growing business presence were common for years, the need to preserve the culture and character of Carmel-by-the-Sea was a driving motivation for residents and elected trustees. In 1929, a zoning law was passed stating that “business development should forever be subordinate to the residential character of the community,” still a concept today guarded deeply by residents and the City’s governing body. 13 The uniqueness and charm of Carmel has been credited to resident and its governing body for preserving that vision of a town in a pine forest, after incorporation there was the notion that “Carmel belonged to the people…it was theirs to develop as they saw fit” with some wanting to keep Carmel “a simple village with as few earmarks of a city as possible.”14 The concept of preserving the City’s character, with that 1929 ordinance, can be lauded as the impetus for Carmel keeping residential streets free of sidewalks, street lights, no “high rise buildings to mar the outline of these pines against the sky,” forbidding of neon signs, and no street addresses or mailboxes lining the streets.15
Street Addresses
Walking down almost any street within the one-square-mile of Carmel-by-the-Sea something becomes obvious, there are no street addresses. There are no numbers on the exterior walls of houses, no displayed numbering system identifying a particular house or building. The absence of street addresses is perhaps more obvious when one attempts to have their GPS route their car to a particular house or building in Carmel-by-the-Sea. Modern GPS systems do not recognize the “descriptive” street addresses that Carmel-by-the-Sea residents use to identify their house; a mobile phone or car’s GPS will not recognize “Monte Verde 3 SE of Ocean”. Even though GPS devices do not recognize the descriptive street addresses residents use, residents and business owners often use signs to make their house or building identifiable by someone on the street.

The signs in front of houses with a particular phrase, “name” of the house, or residents’ last names are also something that becomes obvious to anyone walking a residential street in Carmelby-the-Sea. The topic of the City adopting a formal addressing system has been considered before and met with varying degrees of opinions, such as former mayor and trustee Perry Newberry 10 Marjory Lloyd, “The History of Carmel,” The Carmel Pine Cone, February 3, 1975. 11 Ibid. 12 Ibid. 13 Ibid. 14 Carol Card, “Memory Lane Through The Years With Ocean Avenue,” The Carmel Pine Cone, April 8, 1949. 15 Marjory Lloyd, “The History of Carmel,” The Carmel Pine Cone, February 3, 1975.

Attachment 1

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(“arguably [Carmel’s] best known, and certainly most outspoken, citizen”) firmly against numbering houses and keeping Carmel-by-the-Sea “different from every other small town.”1617 Throughout its history in consideration of street addresses Carmel-by-the-Sea residents and its governing body have responded with varied support or opposition to implementing street addresses. In 1926, City trustees passed an ordinance for house numbering of Carmel-by-the-Sea properties.1819 The ordinance made it unlawful for the owner of any real property in the City to “maintain any house, building, or structure…without posting securely…visible to passerby…a number plate showing in legible figures the number of said premises.”20 The ordinance was passed by a unanimous vote but the City did not implement or enforce the posting of house numbers, in 1940 the house number ordinance was officially repealed.21 In 2002, when the issue of mail delivery was at the center of attention, Council Member Barbara Livingston advocated to pass an ordinance to “specifically ban street addresses.”22 In its 106 year history, Carmel-by-theSea has not assigned or displayed street addresses, it is one of the more unique attributes of the City that has been considered for discussion throughout the years. The issue of street addresses was brought up again in the July 2021 City Council meeting with Council Members stating a “need to start the discussion and process relating to assigning addresses.”23 Carmel-the-Sea has not always been alone in not implementing street addresses after seemingly most of the country adopted a numbering address system. Until the early 2000’s, some rural towns in West Virginia remained without street addresses with a house numbering system only instituted in 2001 based in the concept of security and referred to as the “911 addressing system.”24 In places like McDowell County, West Virginia, residents picked up their mail at the local post office and had Amazon packages delivered to City Hall or the local bank.25 Unsurprisingly, not everyone wanted a house number assigned to their property, some residents expressed not necessarily wanting to be “found” or that they did not mind their current workarounds in not having a street address as it had become a part of everyday life.26 The need to be findable in emergencies proved a crucial aspect in implementing a house numbering system with accounts of firefighters’ “chaotic attempts to locate frantic callers who can’t give an address.”27
16 Neal Hotelling, “Perry Newberry’s final editorial is unfinished,” The Carmel Pine Cone, February 14, 2020. 17 Neal Hotelling, “For a successful, thoroughly modern city, don’t vote for Perry,” The Carmel Pine Cone, February 7, 2020. 18 Carmel-by-the-Sea, Cal., Ord. 68. 19 Ordinance 68 stated, “house numbering system for the City of Carmel-by-the-Sea is hereby adopted as and for the house-numbering Map Book of said City.” 20 Carmel-by-the-Sea, Cal., Ord. 68 §2. 21 Carmel-by-the-Sea, Cal., Ord. 228. 22 Kevin Howe, “Carmel Residents Adapt to Mail Delivery,” The Carmel Pine Cone, March 29, 2002. 23 Carmel-by-the-Sea City Council Regular Meeting, July 6, 2021. 24 Anton Tantner, House Numbers (London: Reaktion Books, 2005), 28. 25 Deirdre Mask, “Where the Streets Have No Name,” The Atlantic, January/February 2013. 26 Ibid. 27 Ibid.

Attachment 1

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Consideration for Street Addresses
As times change, as financial and governmental institutions change their requirements for filing paperwork, as the COVID-19 pandemic spurred a turn to online ordering and delivery of essential necessities, the notion of exploring a street address system has made its way to the City Council’s 2022-2023 priority project list. The reasoning behind making this a priority item comes from the changing times and residents expressing difficulties in opening or maintaining financial accounts, securing loans, obtaining a REAL ID Driver’s license or passport, activating or changing basic utilities like wireless internet, having packages delivered to the correct house, or being “findable” in an emergency as a matter of public safety. Some Carmel-by-the-Sea residents have expressed frustration with the difficulty in establishing financial accounts or records without a traditional street address to provide to financial institutions who will not accept a PO Box as the address on record. Increased due diligence requirements for United States financial institutions post 9/11 have affected the information financial institutions are required to collect. 28 Staying in
compliance with federal law requires banks to “collect and verify customer-provided information, such as birth dates, addresses and copies of drivers’ licenses or passports.”2930 For matters not involving financial records requirements, Carmel-by-the-Sea residents provide new neighbors with workarounds and look out for each other’s packages when a new UPS or FedEx driver accidentally delivers a package to the wrong house. The current descriptive address system, the use of unique house “names” on a sign outside of residents’ houses, and use of the US Post Office’s physical address for vendors that do not ship to PO Boxes can prove to be efficient and straightforward to many Carmel-by-the-Sea residents. The City’s proposal of exploring the idea of street addresses for its one square mile is rooted in listening to residents who have exhausted the workarounds and expressed the need to be findable in emergencies, to have an address to which they can reliably receive packages containing medical necessities, and maintain financial affairs in order.

Exploring Street Addresses for Carmel-by-the-Sea, What It Means for the Local Post Office The City administration recognizes the topics of implementing street addresses and at-home mail delivery as two separate issues with the intention of exclusively exploring consideration of the former. At-home mail delivery for all residents in Carmel-by-the-Sea by the US Postal Service is not an action City staff will advocate for or pursue with the possible implementation of street addresses. The local post office has a long history in Carmel-by-the-Sea as being a local hub to where residents can make a daily visit to check their PO boxes, pick up packages from the friendly faces at the counter who many residents know by name, and catch up with other neighbors making the visit that day. Carmel-by-the-Sea’s downtown post office is one of about 4,400 independent post offices in the United States that do not have carrier delivery and not a status the City wants to change.31 City staff has established a line of communication with the Carmel Postmaster and plans to continue the discussion and communication of the City’s hardline stand 28 Richard Newman, “9/11 and Patriot Act Changed the Way You Bank”, APP, September 8, 2016, https://www.app.com/story/money/business/main-street/2016/09/08/911-patriot-act-banks/90003828/. 29 Ibid. 30 Section 312 and Section 326 of the USA PATRIOT Act required financial institutions to establish heightened due diligence and verification of identification procedures. 31 Patricia Lee Brown, “Fighting for a Carrier-Free Zone,” The New York Times, September 6, 2000.

Attachment 1

Page 6 of 6 ends

of not wanting at-home mail delivery for Carmel-by-the-Sea and maintaining the downtown post office open and operational.

Tradition Considered in Street Address Project Exploration Since Duckworth’s arrival and later Devendorf and Powers’ visionary development of the City of Carmel-by-the-Sea, the absence of street addresses has been intentional. Throughout its 106- year history, the City and its resident have expressed a sense of pride in the idiosyncrasies that make Carmel-by-the-Sea unique and unlike any other, at the center is often the storied absence of street addresses within the City limits. Changing the longstanding tradition is not an idea to take lightly as plenty of Carmel-by-the-Sea residents have expresses in the past, stating “we don’t like numbers on our homes, neon signs, and we like to get our mail at the post office.”32 With attention to tradition, the challenges that come with the absence of street addresses should be weighed against the changing world and the need for street addresses for ease-of-access to essential necessities and public safety issues identified by Carmel-by-the-Sea residents.

FUTURE CONSIDERATIONS
Priorities in exploring a street address development process would include ensuring and maintaining the downtown post office in operation, a clear stand against implementing at-home mail delivery, and any consideration of street address signs would be subject to specifically developed design standards. Additionally, there is the possible consideration of implementing street addresses solely for purpose of being findable on a map or GPS device without exterior display of house numbers, a choice for residents to decide, or approaching the system with the expectation of design standards-approved street number signs outside every house and building in Carmel-by-the-Sea. At Council’s direction, City staff can meet with the Carmel Postmaster, research different options for a street address program, including non-traditional systems of street addressing such as Google Plus codes or varying alpha numeric addressing systems. The implementation of street addresses has been considered by City Council before and with a wide spectrum of opinions on the topic, City staff looks to Council for direction to begin exploring a street address implementation process or maintain the status quo. 32 Frank Bruno, “Whither the Carmel post office?,” The Carmel Pine Cone, July 5, 1973.

Attachment 1
Postal Operations Manual Transmittal Letter
Issue 9 July 2002
The Postal Service’s Transformation Plan serves as a blueprint to the activities we are pursuing to enable us to carry out our long-standing mission of providing affordable, universal service to the people of America. Many of the subjects covered in the Postal Operations Manual are also the subject of strategies discussed in the Transformation Plan. It is more important than ever that each of us be aware of the latest policies, regulations, and procedures that affect postal operations so that we can effectively implement the elements of the Transformation Plan. This latest revision of the Postal Operations Manual will help you do that.

A. Purpose. The Postal Operations Manual (POM) sets forth the policies, regulations, and procedures of the Postal Service governing retail, philatelic, collection, mail processing, transportation, delivery, and vehicle operations.

B. Explanation. Issue 9 is a complete revision. It replaces Issue 8 and contains all of the revisions to the manual published in the Postal Bulletin from July 30, 1998, through July 11, 02. In addition, new language has been added where appropriate. Recycle Issue

8. C. Summary of Changes and Change Bars. The Summary of Changes contains a description of the changes made to the manual since Issue 8. A change bar (a vertical line in the margin) signals that the adjacent text has been revised.

D. Forms Index. In the Forms Index, each form mentioned in the manual is cross-referenced to each section that contains a reference to that form. By using the Forms Index, if you know the title or number of a form, you will be able to find each section of the manual that contains a reference to that form.

E. Distribution. This revision is being distributed to all Postal Service facilities. If you need additional copies, please use the following procedures:
 Touch Tone Order Entry (TTOE): Call 800-332-0317, choose option 1, then option 2.
 You must be registered to use TTOE. To register, call 800-332-0317, choose option 8, extension 2925, and follow the prompts to leave a message (wait 48 hours after registering before you place your first order).
 E-mail: Complete PS Form 7380, MDC Supply Requisition (manually or by F3Fill), and send it as an attachment to the e-mail address MDC Customer Service or to [email protected].
 Mail: Mail a completed PS Form 7380 to the MDC at the following address:

SUPPLY REQUISITIONS

MATERIAL DISTRIBUTION CENTER
500 SW GARY ORMSBY DR
TOPEKA KS 66624-9702
This is an excerpt from the United States Postal Service Postal Operations Manual, to review the manual in its entirety please contact the City Clerk or visit the Administration desk. Attachment 2 F. Sale to the Public. Nonpostal users should write or call:

PUBLIC ORDERS

MATERIAL DISTRIBUTION CENTER
500 SW GARY ORMSBY DR
TOPEKA KS 66624-9702
TELEPHONE: 800-332-0317
G. Comments and Questions. If you cannot find or do not understand certain material or discover that topics were omitted, send a memorandum outlining the problem through management channels to:

ATTN POSTAL OPERATIONS MANUAL

POLICIES AND PROCEDURES INFORMATION

US POSTAL SERVICE
475 L’ENFANT PLAZA SW RM 5540
WASHINGTON DC 20260-5540
H. Effective Date. This manual is effective July 02.

Azeezaly S. Jaffer
Vice President
Public Affairs and Communications
Attachment 2
Delivery Services 631.1
POM Issue 9, July 2002 317
Updated With Revisions Through April 30, 2022
prompt corrective action after being properly notified, the postmaster may, with the approval of the district manager, withdraw delivery service. 623.22 Delivery to Mailbox Inside of a Screen or Storm Door These mailboxes must meet the following requirements:
a. When the box is inside a screen or storm door, the door must be left unlocked; otherwise, the box should be located outside the door or a slot should be provided in the outer door.
b. When porches are screened in or enclosed by other material, and are used as living or sleeping quarters, the screen or storm door is considered the entrance door to the house. In these cases, notify the customers that they must place their mail receptacle outside the door or provide a slot in the door.
623.3 Safety or Security
Delivery service may be suspended when there is an immediate threat (including, but not limited to, threats due to loose animals) to the delivery employee, mail security, or postal property. Suspension of service should be limited to an area necessary to avoid the immediate threat. Postmasters should request corrective action from responsible parties and restore normal service as soon as appropriate.
623.4 Travel Obstructions
Persons responsible for road maintenance must be notified of road conditions obstructing the delivery of mail. If repairs are not made promptly, service may be withdrawn with the approval of the district manager. Resume service as soon as the road conditions are improved.
623.5 Vacant Delivery Points
The Postal Service may withdraw delivery service to vacant delivery points. A vacant delivery point is a delivery point where responsible personnel are aware the delivery point has been unoccupied for a period longer than ninety (90) consecutive days.
63 Modes of Delivery, Mail Receptacles, and Keys
631 Modes of Delivery
631.1 General
The Postal Service-approved modes of delivery available for all existing delivery points, including newly established and extensions of delivery points, are in 631.24. Centralized delivery is the preferred mode of delivery for all new residential and commercial developments. Curbside, sidewalk delivery, and door modes are generally not available for new delivery points, with very rare exceptions, as determined by the Postal Service in its sole discretion, on a case-by-case basis. The characteristics of the area to be served and the methods deemed necessary to provide adequate service by the Postal Service are described in greater detail throughout this section.

Attachment 2
631.2 Postal Operations Manual
318 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
631.2 Centralized Delivery (Preferred Mode)
Centralized delivery service is the preferred mode of delivery and may be provided to call windows, horizontal locked mail receptacles, cluster box units (CBUs), wall-mounted receptacles, or mechanical conveyors (mechanical conveyors are only for high-rise and multiple-tenant buildings, and only if certain conditions are met; consult your postmaster for details). a. Delivery requirements: CBUs and USPS STD 4C (wall-mounted) equipment may be approved for use at one or more centralized delivery points in a residential housing community or business location.

The local postal manager or District designees must approve the mailbox sites and type of equipment. Boxes must be safely located so that customers are not required to travel an unreasonable distance to obtain their mail and to provide sufficient access to mailbox locations.

Normally, it is appropriate for the receptacle to be within one block of the residence.
b. Centralized delivery addresses: Centralized delivery mail receptacles (including USPS STD 4C equipment and CBUs, delivery centers, and postal centers) must be identified by the same addresses as the dwellings for which they serve as mail receptacles. The respective, conforming addresses should be displayed inside the boxes and visible only to the carrier and customer when accessing that receptacle. USPS does not assign addresses; however, the sequential ordering of any centralized delivery equipment is subject to USPS approval for operational efficiency and to accommodate special circumstances or requests for hardship delivery. For security or privacy, mailer associations or customer groups may use another alphanumeric identification system on the outside of receptacles that is not part of, or used in, the mailing address.
631.21 Curbside Delivery
Delivery may only be provided to boxes at the curb with prior approval from the Postal Service, and so long as they can be efficiently, safely, and conveniently served by the carrier from the carrier’s vehicle, and so that customers have reasonable and safe access. Mail receptacles must be grouped two to a property line, where possible.
631.22 Sidewalk Delivery
Sidewalk delivery may be provided to boxes located near the public sidewalk, only with prior approval from the Postal Service. Options and requirements for sidewalk delivery, as directed by the Postal Service, are as follows:
a. If the sidewalk abuts the curb or if other unusual conditions exist (e.g., excessive street parking) that make it difficult or impractical to install or serve boxes at the curbline, customers in these situations may be permitted to install all their boxes at the edge of the public sidewalk nearest the residence, where they can all be served by a carrier from the sidewalk.
b. If the average lot frontage is 50 feet or less, the boxes must be located so that the carrier can serve them from the sidewalk. The boxes are not required to be grouped together.

Attachment 2
Delivery Services 631.244
POM Issue 9, July 2002 319
Updated With Revisions Through April 30, 2022
c. If the average lot frontage is over 50 feet and does not exceed 75 feet, the boxes must be installed in groups of at least two.
d. If the average lot frontage exceeds 75 feet, CBUs must be installed. 631.23 Door Delivery
Door delivery may be provided to boxes located at or near the door of a business or residential delivery point, or through a door slot, only with prior approval from the District Manager, and only if the box or mail slot can be efficiently, safely, and conveniently served by the carrier.

Door delivery will not be available for new delivery points, except in very unusual circumstances as determined by the Postal Service in its sole discretion.
631.24 Newly Established or Extended Delivery Points
631.241 General
Newly established or extended business or residential customers must request and receive approval of the delivery location and mode of delivery from the local Postmaster or District designees. These deliveries will not receive mail delivery service until the mail receptacles are installed and the units and locations are approved by local postal management. Options and requirements for modes of delivery are directed by the Postal Service. 631.242 Newly Established or Extended Centralized Delivery Points (Preferred Mode)
Centralized delivery is the preferred mode for new or extended business or residential delivery points, with very rare exceptions, as determined by the Postal Service in its sole discretion, on a case-by-case basis (see 631.1). The mail receptacle and location of the delivery point(s) are approved by local postal officials in advance of the occupancy of the residence, business, or other site associated with the delivery point.
631.243 Newly Established or Extended Sidewalk or Curbside Delivery Points Sidewalk or curbside delivery is permitted for new or extended business or residential delivery points, only with prior approval from the Postal Service.

The mail receptacle and location of the delivery points are approved by the local District Manager in advance of the occupancy of the residence, business, or other site associated with the delivery points. 631.244 Newly Established or Extended Door Delivery Points Door delivery will not be available for new delivery points, except in unusual circumstances as determined by the Postal Service in its sole discretion.

Approval for newly established or extended business or residential door delivery points must come from the Area Vice President or designee. The Area Vice President must report the number of granted requests for newly established or extended business or residential door delivery points to Headquarters Delivery or its designee quarterly.

Attachment 2
631.3 Postal Operations Manual
320 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
631.3 Business Areas
The type and design of buildings govern the mode of delivery to be implemented; the location of USPS-approved delivery equipment is subject to Postal Service approval. Centralized delivery is the preferred mode of delivery for new delivery points, with very rare exceptions, as determined by the Postal Service in its sole discretion, on a case-by-case basis. Modes of delivery are described below:
a. Centralized Delivery. Centralized delivery service is for all business office buildings, office complexes, and industrial/professional parks.

This may include call windows, horizontal locked mail receptacles, cluster box units (CBUs), wall-mounted receptacles, or mechanical conveyors (mechanical conveyors are only for high-rise and multipletenant buildings, and only if certain conditions are met; consult your postmaster for details).
b. Single Point Delivery. Where an exception to 631.1 has been granted by the District Manager or District designee, and subject to Area approval, single-point delivery (door, curbside, or sidewalk) may be provided for single points, receptacles, or door slots provided by business management.
(1) If there is an elevator and if the offices are open to receive mail on all normal service days, or if door slots are provided, delivery may be authorized to all floors of office buildings.
(2) If there is no elevator, delivery is provided to the first floor, either to a centralized location as prescribed in 631.2a, or, where exceptions have been granted, to single points located on the first floor and to the second floor if it is occupied primarily by business offices and when such service is requested.
631.4 Residential Housing (Except Apartment Houses and
Transient Mobile or Trailer Homes)
The available options for residential areas, aside from apartment houses, transient mobile or trailer homes, colleges and universities, and other sites are covered under part 615. Delivery mode options are constrained by USPS policies and procedures, in light of the characteristics of the area to be served and the methods needed to provide adequate service. Centralized delivery is the preferred mode for new delivery points. Curbside, sidewalk delivery, and door modes are generally not available for new delivery points, with very rare exceptions, as determined by the Postal Service, in its sole discretion, on a case-by-case basis (see 631.1).
631.5 Exceptions
631.51 Extension of Service Within an Existing Block
New deliveries built or established within a block of existing deliveries can only receive the same type of service as the older deliveries, subject to Postmaster approval and after consideration of Postal Service operational efficiencies. When new development replaces more than one block, delivery methods must comply with mode of delivery options for establishment and extension of delivery service.

Attachment 2
Delivery Services 631.541
POM Issue 9, July 2002 321
Updated With Revisions Through April 30, 2022
631.52 Hardship Cases
Procedures and guidelines for changes in delivery in hardship cases are as follows:
a. Changes in the mode of delivery authorized for a delivery point are considered where service by existing methods would impose an extreme physical hardship on an individual customer. Any request for a change in delivery mode must be submitted in writing.
b. Approval of these requests should be based on humanitarian and not economic criteria; however, rural delivery customers requesting a hardship extension must also meet current criteria for extension of rural delivery service (see 653). Each request for a change in delivery service should be evaluated based on the customer’s needs; a request should not be denied solely because of increased operational costs or because a family member or other party may be available to receive mail for the customer.
c. If the local postmaster denies a request, the request must be sent to the district for review. The final decision is made by the district manager.
d. If a customer no longer requires a variation in the type of delivery service, mail service must be restored to the mode of delivery in effect in the area.
e. Hardship requests must be renewed annually by the customer and approved by the Postmaster.
631.53 Local Ordinances
If a customer chooses not to erect a curbside box because of a local, city, county, or state ordinance prohibiting the installation of mailboxes at the curb, the delivery options in establishments and extensions are as follows:
a. Centralized Delivery Service. See 631.2.
b. Post Office Box or General Delivery Service. Post Office Box or general delivery service may be provided at the nearest postal facility where carrier delivery emanates, or where may be otherwise available to a customer.
631.54 Apartment Houses
631.541 General
Delivery of mail to individual boxes in a residential building containing apartments or units occupied by different addressees is contingent upon USPS concluding the following requirements are met:
a. The building contains three or more units (above, below, or behind — not side by side) with:
(1) A common building entrance such as a door, a passageway, or stairs; and
(2) A common street address (some part of the address is shared) approved by local or municipal authorities.
b. The installation and maintenance of mail receptacles are approved by the Postal Service.

Attachment 2
631.542 Postal Operations Manual
322 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
c. Each apartment is provided one box, including that of any resident manager or janitor, unless the management has arranged for mail to be delivered at the office or desk for distribution by its employees. d. The grouping of the boxes for the building is at a single point readily accessible to the carrier.

Note: The tenant’s correct mailing address is the address of the entrance at which the mail receptacles are located, and should include the apartment number or designated mailbox number. 631.542 Exceptions
Delivery of mail to individual boxes in multiple residential buildings containing apartments or units occupied by different addressees is contingent upon USPS concluding the following requirements are met:
a. If more than one such building in an apartment house complex has the same approved common street number, delivery of mail to individual boxes is contingent on the grouping of all the boxes for the common street number at a single point readily accessible by the carrier even though some boxes may serve residents in more than one building. b. If such a building has more than one entrance, delivery of mail to receptacles grouped at more than one entrance is contingent on each entrance to which delivery is made serving three or more apartments or flats and the assignment, by local or municipal authorities, of a different street number to each such entrance.
c. When new apartments are being erected or existing ones remodeled, postmasters will inform builders and owners of these regulations’ requirements and will provide appropriate advice and inspection to ensure that safe and durable receptacles are properly located and installed in conformance with regulations. Postal Service–approved parcel lockers may be used with approved mail receptacles. 631.55 Mobile or Trailer Homes
631.551 Options
The delivery options for mobile or trailer home developments depend on Postal Service determination of whether the development is permanent or transient.
631.552 Permanent Developments
Permanent developments consist of managed mobile home parks or residential mobile home subdivisions where the lots are permanently assigned, the streets are maintained for public use, and the conditions resemble those of a residential subdivision. For permanent developments, the delivery options are either central, curbside, or sidewalk delivery, as directed by the Postal Service, see 631.
a. Central Delivery
(1) Delivery service may be provided to a single point or receptacle designated by local management for the receipt of mail and distribution by its employees.

Attachment 2
Delivery Services 631.61
POM Issue 9, July 2002 323
Updated With Revisions Through April 30, 2022
(2) Delivery service may be provided to one or more central points for the direct receipt of mail by postal customers within the area.

The requirements for such central delivery are as follows:
(a) Local Postal Service managers must approve the mailbox sites and equipment.
(b) Customers must not be required to travel an unreasonable distance to obtain their mail, and reasonable access must be provided to the equipment location.
b. Curbside Delivery.

Delivery service may only be provided to boxes at the curb, as directed by the Postal Service, so that they can be served efficiently, safely, and conveniently from the carrier’s vehicle and give customers reasonable and safe access. Mail receptacles may be grouped two to a property line where possible.
c. Sidewalk Delivery
(1) If the sidewalk abuts the curb or other unusual conditions exist (e.g., excessive street parking) that make it difficult or impractical to install or serve boxes at the curbline, customers with these situations may install boxes at the edge of the sidewalk nearest the residence where they can all be served by the carrier from the sidewalk.
(2) In such conditions, if the average lot frontage is 75 feet or less, the sidewalk boxes are not required to be grouped together; if the average lot frontage exceeds 75 feet, the sidewalk boxes must be installed in groups of at least two.
(3) If the average lot frontage is 50 feet or less, customers may be permitted to locate all their mailboxes at the edge of the sidewalk nearest the residence rather than at the curb, regardless of whether the sidewalk abuts the curb or other unusual conditions exist. All the boxes must be located so the carrier can serve them from the sidewalk.
631.553 Transient Developments
Transient developments are mobile home, trailer, and recreational vehicle parks where the lots are temporarily occupied or rented and considered transient, short-term, or seasonal, even though some families may live in them for extended periods. For these developments, the only option is delivery to a single point or receptacle designated by park management and approved by local Postal Service managers for the receipt of all mail and subsequent distribution or mail forwarding by employees of the park. This method is also available for permanent developments.
631.6 Colleges and Universities
631.61 Administration Buildings
Mail is delivered to principal administration buildings. Mail undeliverable as addressed or not addressed to a specific building is delivered to the main administration building office for further handling. At larger universities, mail is delivered to the different departments, colleges, faculty buildings, or Attachment 2
631.62 Postal Operations Manual
324 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
principal campus structures, such as the Chemistry Building, Engineering Building, and so forth, provided that mail is addressed accordingly and volume warrants such delivery. Delivery is not to be made to individual offices within buildings.
631.62 Dormitories or Residence Halls
Mail is delivered to dormitory buildings and residence halls when addressed to a specific building. Mail is delivered in bulk to a designated representative of the school or property, who then becomes responsible for further distribution to students and residents. Postal Service personnel do not distribute mail into apartment-type mailboxes for dormitories or residence halls.

A dormitory building or residence hall often consists of single or multi-room units that may share or have access to centrally located kitchens, bathrooms, showers, or social or common areas. Whether located on or off campus, and regardless of private ownership, such buildings are nevertheless dormitory buildings or residence halls and the building owner or operator is responsible for the final delivery of student mail.

Where no affiliation with the school is established, the Postal Service determines the proper mode of delivery to be established based upon the totality of the circumstances, and may require that designees from the property be identified to accept mail for each location prior to initiating delivery. In making such a determination based upon the totality of the circumstances, the Postal Service weighs the following, among other considerations:
a. The nature of the leases offered by the property (e.g., whether the leases’ starting month corresponds to academic semesters or other school-related schedules and whether the lease term is for a period of less than one year).
b. Whether the leases are generally for a bedroom within a multi-bedroom unit or for the entire unit and the scope of the lessee’s liability in case of default.
c. The Postal Service’s treatment of similarly situated properties. d. The property’s proximity to the school.
e. External information furnished by the school and/or by local government, including any pertinent zoning classification. f. Whether the property is primarily marketed to students. g. The residency turnover rate.
h. Amenities catering to student populations.
i. Any other relevant factor.
631.63 Married Student Housing
Apartments and housing units for married students are often complete quarters consisting of a living room, kitchen or dinette, bedroom (s), and bath. Whether located on or off campus, and regardless of ownership, the apartment mail receptacle requirements in 631.54 apply.

Attachment 2
Delivery Services 631.67
POM Issue 9, July 2002 325
Updated With Revisions Through April 30, 2022
631.64 Fraternity and Sorority Buildings
Deliver mail in bulk to a common mailbox or to a representative of the organization if addressed to a specific building.
631.65 Parcels
Deliver parcels in the same manner as other ordinary mail matter. 631.66 Forwarding of Mail
Forwarding mail for former students and for current students during the summer and vacation periods is the responsibility of the institution or building owner, except where delivery to respective apartment receptacles is being provided to married housing. Encourage school officials to include mail forwarding, proper mail addressing, and other related postal features in general instructions to students.
631.67 Noncity Delivery Offices
Where city delivery service is not established, students may obtain Post Office Box service, use general delivery, or the institution may arrange to pick up the mail in bulk and make its own distribution and delivery.

Attachment 2
631.7 Postal Operations Manual
326 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
631.7 Conversion of Mode of Delivery
In this section, conversion refers to changing existing mail delivery to a more economical and efficient mode. The key to converting existing deliveries is identifying those deliveries that are most costly to the Postal Service.

Delivery managers can go into any delivery territory where delivery has been established for over 1 year and solicit to convert the mode of delivery if it would be cost beneficial to the Postal Service.

Postmasters may establish a mixed delivery area where in-growth or extensions of service within a block compel a change in modes of delivery for newly constructed or renovated delivery points. This policy applies to both residential and business delivery locations. When a residence is sold, the mode of delivery cannot be changed arbitrarily prior to the new resident moving in. The existing mode of delivery must be retained absent an agreement otherwise. If an owners’ association or property management company represents the property or the community, it may request a change in the mode of delivery on behalf of the community or property. In rental areas, such as apartment complexes and mobile home parks, the owner or manager may request a conversion on behalf of the apartment complex, mobile home park, or other rental property. Approval is at the sole discretion of the Postal Service. Delivery will begin only after the approval of a mail receptacle and its location by the local Postmaster.

Where there is no homeowners’ association or other property management company with authority to request a conversion on behalf of the owners, residents, or the community, customer signatures must be obtained prior to any conversion. In single-family housing areas (including manufactured housing and mobile homes) where the residences and lots are owned, each owner must agree to the conversion in writing. Owners who do not agree must be allowed to retain their current mode of delivery.

When a residence is sold, the mode of delivery cannot be changed arbitrarily prior to the new resident moving in. The existing mode of delivery must be retained absent an agreement otherwise. If an owners’ association represents the community, it can direct the mode of delivery for the community. In rental areas, such as apartment complexes and mobile home parks, the owner or manager can approve a conversion.
631.8 Correction of Improper Mode of Delivery
631.81 General
In the event an improper mode of delivery is established or extended by a postal carrier or manager, the service will be withdrawn with a thirty (30) day advance notice to the affected customer(s), provided that the error is detected and the customer is notified within one (1) year. If the error is not detected and the customer is not notified within one (1) year of the date delivery is established or extended, the improper service remains in place unless the customer consents to the delivery mode change or a delivery point with improper modes of delivery in a vacant delivery is first identified during the vacant period per section 623.5. When the new customer(s) in Attachment 2
Delivery Services 631.92
POM Issue 9, July 2002 327
Updated With Revisions Through April 30, 2022
these vacant deliveries are identified by Postal Service management and informed (within the first 30 days of occupancy) that the current mode of delivery was established incorrectly and will need to be corrected.

For purposes of clarity, note that the one (1) year time period described above is not intended to apply to section 631.62, which prescribes the delivery methods appropriate to dormitory buildings or residence halls. For such properties, an improper mode of delivery may thus be withdrawn at any time upon a thirty (30) day advance notice to the property owner or manager and affected customer(s).
631.82 Refusal by Customer
If a customer refuses to accommodate the Postal Service’s delivery mode determination by refusing to provide an approved mail receptacle or permit the Postal Service to install its own, General Delivery service may be provided at the nearest postal facility where the carrier delivery emanates or where may be otherwise available to the customer.
631.9 Military Installations
631.91 Family Housing
Delivery to family housing on military installations is effected in accordance with 611, 64, 65, or 66, whichever is appropriate.
631.92 Other Services -Agreement With the Military
Other services are provided to military installations in accordance with Publication 38, Postal Agreement with the Department of Defense, signed on February 21, 1980, reprinted in pertinent part:

III. POLICY
A. The Military Postal Service is operated as an extension of the United States Postal Service® as authorized by 39 U.S.C. 406.

B. The Department of Defense and the Postal Service agree to attempt to furnish mail service to the military equal to that provided the civilian population in the United States.

C. The Department of Defense and the Postal Service affirm the importance of the national goal of energy conservation, and both parties resolve to minimize energy expenditure while conducting military postal operations.

IV. RESPONSIBILITIES
A. The Department of Defense agrees to:

1. Maintain and operate military Post Offices in support of Armed Forces operations and personnel at locations
outside the United States, or inside the United States where the military situation requires;

2. Ensure that each military Post Office that provides postal financial or accountable mail services or exchanges
incoming and outgoing mail directly with carriers is
supervised by at least one qualified, on-site military
member of the Armed Forces;
Attachment 2
631.92 Postal Operations Manual
328 POM Issue 9, July 2002
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3. Administer the military postal service in accordance with the law, with policies and regulations of the Postal Service, and with consistent implementing directives of the
Department of Defense;

4. Arrange with foreign governments to permit military Post Offices to be established and military postal operations to be conducted in foreign countries;

5. Furnish information required by the Postal Service to provide efficient postal services to authorized personnel and units;

6. Establish and operate mail control activities at principal locations used by the Postal Service to receive and
dispatch military mail and to provide information to
distribute and dispatch military mail and to provide
information for overseas and maneuver forces, ships, and other mobile units;

7. In time of war or national emergency, assist or supplement Postal Service operation of bulk mail centers, postal
concentration centers, and airport mail facilities;

8. Establish and operate mail control activities at military aerial ports to receive outgoing military mail from the Postal Service for dispatch via military air transport and to receive incoming military mail via military air transport for entry into civilian postal channels;

9. Conduct postal finance services at military Post Offices, to include selling stamps and stamped paper; issuing
domestic money orders; cashing money orders, when
feasible; and providing Certified Mail, Insured Mail, and Registered Mail services. Remittances to the Postal Service shall be in dollars in the amounts required by the schedule of rates, fees, and charges provided by postal regulations;

10. Make periodic audits and inspections of military Post Offices.

B. The United States Postal Service agrees to:

1. Provide postal services for the Armed Forces at locations inside the United States, including the establishment of civilian Post Offices on military installations and the usual postal finance, mail handling, and carrier delivery and collection consistent with United States postal laws and regulations, normal standards of the Postal Service, and changing military requirements;

2. Establish and operate postal concentration centers, as needed, for the concentration, sorting, and delivery or dispatch of military mail in accordance with requirements of the Department of Defense;

3. Process military mail in an expeditious manner while efficiently separating mail for the Armed Forces prior to delivery or dispatch;
Attachment 2
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4. Furnish information to the Department of Defense to permit proper routing of military mail prior to its entry into civilian postal channels;

5. Authorize the establishment of military Post Offices as branches of designated civilian Post Offices;

6. Extend stamp credits from designated civilian Post Offices to postal finance offices and other custodians of postal effects;

7. Assist the Department of Defense by informing postmasters and the public of proper addressing practices, applicable restrictions, and other military mail matters of interest.

V. ADMINISTRATION
A. The Assistant Secretary of Defense (Manpower, Reserve Affairs and Logistics) shall serve as the point of contact with the United States Postal Service and shall implement and administer this agreement for the Department of Defense. The Assistant
Secretary of Defense (Manpower, Reserve Affairs and Logistics) may enter into supplemental agreements with the United States Postal Service as may be necessary to carry out the purposes of this agreement.

B. The Senior Assistant Postmaster General, Operations Group, shall serve as point of contact with the Department of Defense and shall implement and administer this agreement for the United States Postal Service. The Senior Assistant Postmaster General, Operations Group, may enter into supplemental agreements with the Department of Defense as may be necessary to carry out the purposes of this agreement.

VI. REVIEW AND AMENDMENT
A. This agreement may be amended at any time by mutual
agreement. It shall be renewed every five years by the
Department of Defense and the Postal Service.

SUPPLEMENTAL POSTAL AGREEMENT: ADMINISTRATIVE DETAILS
I. TRANSPORTATION
A. The Department of Defense agrees to arrange for military mail transportation from overseas postal facilities to commercial or military terminals in the United States and between military postal activities within overseas areas.

B. The Postal Service agrees to:

1. Arrange for military mail transportation to overseas postal facilities from commercial terminals in the United States and make transportation arrangements when the postal
services of another country are required. However, this does not preclude military departments from making direct arrangements for the transportation of military mail to or between designated overseas points on a short-term basis when operational requirements dictate.

Attachment 2
631.92 Postal Operations Manual
330 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022

2. Provide inbound and outbound mail transportation between the postal concentration centers and military or commercial air or surface carriers.

3. Transport mail between civilian Post Offices on military installations and the receiving or dispatching Postal Service facility.

II. PERSONNEL
A. The Department of Defense agrees to:

1. Appoint mail clerks and issue them uniform identification cards.

2. Assign only qualified personnel to duties in military Post Offices, mailrooms, mail control activities, and other postal facilities. No persons convicted of a crime involving theft or moral turpitude or disciplined for any action reflecting unfavorably upon their integrity shall be assigned to postal duties. Those having a history of psychiatric disorder, alcoholism, or drug abuse may be so assigned if medical evidence of current good health, sufficient to meet
published Postal Service standards, is available. This does not preclude the Department of Defense from establishing requirements that are more stringent than the published Postal Service standards.

III. EQUIPMENT
A. The Postal Service agrees to:

1. Provide equipment and furniture necessary for the
operation of civilian Post Offices located on military
installations.

2. Furnish equipment and supplies for use in military Post Offices. Equipment shall be new or serviceable and shall be issued in accordance with mutually determined issuance
standards. Supplies and accountable equipment shall be
furnished without charge. Nonaccountable equipment shall be furnished on a reimbursable basis beginning in FY 82.

3. Repair equipment for which it has a unique capability.

B. The Department of Defense agrees to transport such equipment between the continental United States and the overseas
destination.

IV. DELIVERY
A. The Department of Defense agrees to:

1. Decline to accept collect on delivery mail for delivery at military Post Offices.

2. Deliver mail to personnel in a temporary duty status, in training, and where delivery requirements exceed Postal Service standards.

3. Deliver accountable mail, delivery of which is restricted by the sender, through mail clerks, only upon the written
authorization of the addressee when it is impracticable for Attachment 2
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Updated With Revisions Through April 30, 2022
the addressee to accept delivery in person at the civilian Post Office.

B. The Postal Service agrees to:

1. Neither accept nor forward to military Post Offices any collect on delivery mail.

2. Provide delivery service on military installation in the United States commensurate with the delivery service that would be provided for civilian communities of comparable
characteristics. Postal Service criteria shall be used in considering extensions of mail service. Mail to principal administrative buildings or commands shall be delivered in bulk. The Postal Service agrees to also provide the mail in bulk to personnel and basic units in a transient or
temporary duty status of 180 days or less. Where criteria will not allow free delivery service to be established or extended, the Postal Service agrees to provide the mail for individuals in bulk to basic units. However, in locations with adjacent civilian communities having delivery service, the Postal Service agrees to submit proposals to the
Department of Defense to furnish service to groups of
receptacles consistent with mutually agreed criteria and funding.

3. Deliver accountable mail addressed to military personnel, at military installations served by civilian Post Offices, to the addressees or mail clerks upon proper receipt.

V. CLAIMS
A. The Department of Defense agrees to:

1. Assume financial liability, under military claims procedures, for loss, damage, theft, wrong delivery, or rifling of
accountable mail after receipt from or prior to delivery to a civilian or military Post Office by a mail clerk employed by the Department of Defense.

2. Reimburse the Postal Service for claims submitted by the Postal Service for the value of postal effects embezzled or lost through negligence, errors, or defalcations while in the possession of military Post Office personnel. Reimburse the Postal Service for claims paid by the Postal Service for losses of accountable mail through negligence, errors, or defalcations while in the possession of military Post Office personnel.
a. To be reimbursable, claims must be submitted within
one year from discovery of the loss by the Postal
Service.
b. In all just and expedient cases, the military
departments may request the Postal Service to take
action under 39 U.S.C. 2601(a)(3) to adjust, pay or
credit the account of a Military Post Office, Postal
Finance Officer, Military Postal Clerk, Financial Postal Attachment 2
631.92 Postal Operations Manual
332 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
Clerk, Custodian of Postal Effects, or persons acting
in those capacities for any loss of Postal Service
funds, papers, postage, or other stamped stock or
accountable paper, under the same standards as
such credit is granted to Postal Service employees.

B. The Postal Service agrees to relieve custodians of postal effects of responsibility for the amount of the invoice of any shipment of stamps or stamped paper lost in transit as a result of casualty.

VI. LOGISTICAL AND ADMINISTRATIVE SUPPORT
A. The Department of Defense agrees to:

1. Furnish adequate facilities for civilian Post Offices located at military installations solely in support of the installation’s mission. Utilities and local telephone service shall be furnished on a reimbursable basis beginning FY 82.

2. Offer billeting and meals to civilian Post Office employees who work at military installations on the same basis as those offered to Department of Defense civilian employees.

3. Issue invitational travel orders for Postal Service
representatives who, at the request of the Department of Defense, are assigned to perform inspections,
investigations, or audits of overseas military postal
operations.

B. The Postal Service agrees to:

1. Reserve the right to discontinue civilian Post Offices on military installations where existing conditions endanger the health, safety, or welfare of its employees.

2. Furnish office space for related military mail terminals, fleet Post Offices, or liaison units at postal concentration
centers.

VII. AUDITS AND INSPECTIONS
A. The Department of Defense agrees to:

1. Assist Postal Service representatives in surveying,
inspecting, and auditing military postal operations.

2. Conduct surveys, inspections, investigations, and audits of Department of Defense postal facilities and operation as needed to verify that accountable postal effects are on hand and properly protected, that all revenue due the
Postal Service is being collected and properly accounted for, and that the service rendered is efficient and in
accordance with Postal Service and Department of Defense regulations.

B. The Postal Service agrees to assign Postal Inspectors or other representatives of the Postal Service, as practicable, to conduct surveys, inspections, investigations, and audits of military postal operations to assure that efficient postal service is maintained.

VIII. MAIL SORTATION
Attachment 2
Delivery Services 631.92
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A. Except in time of war or other emergency as determined by the Secretary of Defense, the Postal Service agrees to:

1. Sort mail for overseas forces in fixed base units to the 5-digit Army Post Office/Fleet Post Office ZIP Code
separation. Mail for ships and other mobile units shall be sorted to the mobile unit by ZIP Code or name when
warranted. Mail for maneuver forces, air groups, submarine groups, units in transit or temporary duty status for
180 days or less, and other similar units shall be separated in accordance with the needs of the Department of
Defense. The Department of Defense agrees to develop
mail routings for all of the above mail and provide the routing instructions to the postal concentration centers of the Postal Service.

2. Sort mail for the forces at installations in the United States where delivery receptacles are not provided to basic
military units or numbered boxes in groups of
approximately 200, so far as practicable and mutually
agreeable to the Postmaster and military authorities
concerned.

B. In time of war or other emergency as determined by the Secretary of Defense, the Postal Service agrees to:

1. Allow the Department of Defense to control ZIP Code
assignment to all military units.

2. Specify jointly with the Department of Defense the sorting of mail for overseas forces and forces at installations in the United States.

C. Postal Service criteria shall be used to assign ZIP Codes to military installations in the United States.

D. The Department of Defense and the Postal Service agree to cooperate in the assignment and use of overseas ZIP Codes.

1. Normally each military installation shall have one 5-digit ZIP Code, although special circumstances may be considered
in assigning additional ZIP Codes. Additional ZIP Codes shall only be assigned if all resulting separations receive at least 1,000 pieces of mail per day. The implementing
procedures for 9-digit ZIP Codes shall be jointly developed.

2. The Department of Defense agrees to make every
reasonable effort to see that its components have the
correct ZIP Code in their address and return address. The Postal Service agrees to make every reasonable effort to see that the correct ZIP Code is in the address and return address of mail for military units and personnel originated by other government agencies and the civilian sector. Since the ZIP Code furnishes the Postal Service with its sole method of forwarding Army Post Office and Fleet Post
Office mail, the Postal Service agrees to return to sender at the Post Office of origin all mail for Army Post Office or Attachment 2
631.93 Postal Operations Manual
334 POM Issue 9, July 2002
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Fleet Post Office addresses that does not have an
authorized Army Post Office/Fleet Post Office ZIP Code.

IX. MAIL FORWARDING
A. Where the Department of Defense delivers the mail it agrees to provide directory service for undeliverable-as-addressed military mail and endorse each piece to show a forwarding address or reason for nondelivery.

B. Where the Postal Service delivers the mail it agrees to maintain change of address forms and endorse forwardable mail that is undeliverable as addressed.

X. SAM/PAL LAW
A. This paragraph provides for the joint development of regulations as required by 39 U.S.C. 3401 (f)(1976) by the Postal Service and the Department of Defense concerning administration of the “SAM/PAL Law.” Each party agrees to designate one or more organizational counterparts to serve on a committee to discuss conditions and regulations under which the SAM/PAL law will be jointly administered.

1. For the Postal Service, the designees are: The Assistant Postmasters General, Mail Processing Department, and
Rates and Classification Department, or their designees; and the Chief Postal Inspector or his designee.

2. For the Department of Defense, the designee is: The
Deputy Assistant Secretary of Defense (Supply,
Maintenance and Transportation) or his designee.

B. Neither party shall take any unilateral action with respect to implementing policies, conditions, or regulations promulgated exclusively under the SAM/PAL law without prior consultation with the other party. Committee meetings may be held upon written request of either party. Following such consultation, a joint committee report may be prepared for transmission to the respective managements.

C. Nothing herein is intended to provide for the joint administration of any activity whose administration is not provided for by 39 U.S.C. 3401 (f)(1976).

D. This section supersedes the supplementary agreement dated September 30, 1976, concerning “Joint Administration of 39 U.S.C. 3401 (the SAM/PAL Law) by the United States Postal Service and the Department of Defense.”
631.93 Reference
See Publication 38-A, Guidelines for Providing Postal Services on Military Installations, for details on providing delivery, collection, and retail services.

Attachment 2
Delivery Services 632.14
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Updated With Revisions Through April 30, 2022
632 Mail Receptacles
632.1 Customer Obligation
632.11 Responsibilities
Appropriate mail receptacles must be provided for the receipt of mail. The type of mail receptacle depends on the mode of delivery in place. Purchase, installation, and maintenance of mail receptacles are the responsibility of the customer. Appropriate locations for installation should be verified with local Postmasters. Customer obligations are as follows:
a. In locations where door delivery has been authorized, customers must provide either house-mounted boxes that provide adequate protection and security for the mail and that are approved by the local Postmaster, or they must provide door slots (see 632.3). b. If curbline delivery is authorized, customers must erect curb-mounted receptacles that comply with USPS-STD-7c (see 632.5).
c. If sidewalk delivery is authorized, customers must erect sidewalkmounted receptacles that comply with USPS-STD-7c (see 632.5). d. If centralized delivery is authorized, customers must install mail receptacles that comply with USPS STD 4C Wallmounted Mail Receptacles or USPSB1118, Postal Service specification, Cluster Box Units (see 632.6).

Note: There is no local authority for the use of or approval of unauthorized centralized delivery equipment or centralized delivery systems. Contact Engineering or Delivery Post Office Operations at Headquarters for any necessary assistance.
632.12 Exception
The Postal Service may elect, under certain conditions, to purchase, install, and maintain curb-mounted mail receptacles or cluster box units. 632.13 Receptacles Not Required
Business complexes are not required to provide mail receptacles where door delivery was approved and authorized by the Postal Service and businesses are open to receive mail. If the offices are not open when the carrier arrives on normal service days, centralized mail receptacles must be provided. 632.14 Approach to Mailbox
The customer is responsible for keeping the approach to his or her mailbox clear to facilitate delivery. Where the approach to the mail receptacle located at the curb is temporarily blocked by a parked vehicle during normal delivery hours for the area, or snow or ice hampers the approach to the mailbox, the carrier normally dismounts to make delivery. If the carrier continually experiences a problem in serving curbline boxes and where the customer is able to control on-street parking in front of his or her mailbox but does not take prompt corrective action after being properly notified, the postmaster may, with the approval of the district manager, withdraw delivery service.

Attachment 2
632.2 Postal Operations Manual
336 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
632.2 Keys to Customer’s Private Mail Receptacle
632.21 General
Carriers are prohibited from accepting keys for locks on private mail receptacles, buildings, or offices, except where an electromechanical door lock system or a key keeper box located within convenient reach of the door is used. Both devices must incorporate an Arrow lock to access the key or device needed to gain entry to the building. If customers place locks on their receptacles, the receptacles must have slots large enough to accommodate their normal daily mail volume so that delivery may be made by the carrier without using a key.
632.22 Locks and Keys
The Postal Service is responsible for providing every customer a compartment lock and three keys to his or her postal-owned Cluster Box Unit (CBU). No key deposits are required; advise customers that they may duplicate their keys at no expense to the Postal Service. Postal managers must take the following actions in issuing and controlling locks and keys for postal-owned CBUs:
a. Give all compartment keys to customers with a notice stating that the Postal Service keeps no duplicate keys and if they lose all the keys, the Postal Service will have to install a new lock at the customer's expense.
b. If customers lose their keys, arrange for the repairs and charge the customer accordingly.
c. Request that customers return all compartment keys to the Post Office when they move from their residence. When a customer moves, the Post Office should change the lock before reissuing the compartment.

The new customer is not charged for the first lock and keys even though the Postal Service replaced it.
d. When new centralized delivery equipment is installed, the keys may either be taped to the inside of the receptacle until the compartment is issued, or stored at the Post Office. A suggested method of storage is to use P-570 envelopes labeled with address, compartment number CBU location, and CBU identifying number.

Note: The builder or property owner is responsible for providing lock and key service for privately owned CBUs.
632.3 Door Slot Specifications
The clear rectangular opening in the outside slot plate must be at least 1-1/2 inches wide and 7 inches long. The slot must have a flap, hinged at the top if placed horizontally or hinged on the side away from the hinge side of the door if placed vertically. When an inside hood is used to provide greater privacy, the hooded part must not be below the bottom line of the slot in the outside plate if placed horizontally or beyond the side line of the slot in the outside plate nearest the hinge edge of the door if placed vertically. The hood at its greatest projection must not be less than 2-1/16 inches beyond the Attachment 2
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inside face of the door. Door slots must be placed no less than 30 inches above the finished floor line.
632.4 Receptacles Purchased by Postal Service
Cluster Box Units (CBUs) and Outdoor Parcel Lockers (OPLs) may be purchased by the Postal Service from approved manufacturers.

Specifications for construction of CBUs are covered in USPS-B-1118, Postal Service Specification, Cluster Box Units. Specifications for construction of OPLs are covered in USPS-B-1116, Postal Service Specification, Outdoor Parcel Lockers. Individuals or firms interested in the manufacture of these units should write to:

ENGINEERING

IP DELIVERY & RETAIL SYSTEMS

US POSTAL SERVICE
8403 LEE HWY
MERRIFIELD VA 22082-8150
632.5 Curbside Mailboxes
632.51 Specifications for Manufacturers
632.511 Policy
Manufacturers of all mailboxes designed and manufactured to be erected at the edge of a roadway or curbside of a street and to be served by a carrier from a vehicle on any city, rural, or highway contract route must obtain approval of their products according to USPS-STD-7, Postal Service Mailboxes, Curbside. A copy of USPS-STD-7 and a current listing of approved manufacturers and mailbox models may be obtained by writing to:

ENGINEERING

IP DELIVERY & RETAIL SYSTEMS

US POSTAL SERVICE
8403 LEE HWY
MERRIFIELD VA 22082-8150
632.512 Approved Manufacturers and Models
A current listing of approved manufacturers and models can be obtained from the office listed in section 632.511.
632.52 Installation and Use
632.521 Custom-built Curbside Mailboxes
Postmasters are authorized to approve curbside mailboxes constructed by individuals who, for aesthetic or other reasons, do not want to use an approved manufactured box. The custom-built box must conform generally to the same requirements specified in USPS-STD-7. Approval of such custom-built boxes will be done on a case-by-case basis. Such approval may be granted only for individual personal use, not for boxes produced as a commercial enterprise.
632.522 Identification
When box numbers are used on curbside mailboxes, the numbers must be inscribed in contrasting color in neat letters and numerals not less than 1 inch high on the side of the box visible to the carrier’s regular approach, or on the door if boxes are grouped. Where street names and house numbers Attachment 2
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338 POM Issue 9, July 2002
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are assigned by local authorities and the postmaster has authorized use of a street name and house number as a postal address, the house number must be shown on the box. If the box is on a different street from the customer’s residence, the street name and house number must be inscribed on the box.

Placement of the owner’s name on the box is optional. Advertising on boxes or supports is prohibited.
632.523 Posts and Supports
The Postal Service does not regulate mailbox supports in any way except for purposes of carrier safety and delivery efficiency. Posts and other supports for curbside mailboxes are owned and controlled by customers, who are responsible for ensuring that posts are neat and adequate in strength and size. Heavy metal posts, concrete posts, and miscellaneous items of farm equipment, such as milk cans filled with concrete, are examples of potentially dangerous supports. The ideal support is an assembly that bends or falls away when struck by a vehicle. Post or support designs may not represent effigies or caricatures that disparage or ridicule any person.

Customers may attach the box to a fixed or movable arm.

The Federal Highway Administration (FHWA) has determined that mailbox supports no larger than 4 inches by 4 inches, or a 2-inch diameter standard steel or aluminum pipe, buried no more than 24 inches, should safely break away if struck by a vehicle. According to FHWA, the mailbox must also be securely attached to its post to prevent separation if struck. 632.524 Location
Curbside mailboxes must be placed so that they may be safely and conveniently served by carriers without leaving their conveyances. They must be reasonably and safely accessed by customers. Boxes must also be on the right-hand side of the road and in the carrier’s direction of travel in all cases where driving on the left-hand side of the road to reach the boxes would pose a traffic hazard or violate traffic laws and regulations. On new rural or highway contract routes, all boxes must be on the right side of the road in the carrier’s direction of travel. Boxes must be placed to conform to state laws and highway regulations. Carriers are subject to the same traffic laws and regulations as are other motorists. Customers must remove obstructions, including vehicles, trash cans, and snow, that make delivery difficult. Generally, mailboxes are installed at a height of 41 to 45 inches from the road surface to the bottom of the mailbox or point of mail entry. Mailboxes are set back 6 to 8 inches from the front face of the curb or road edge to the mailbox door. Because of varying road and curb conditions and other factors, the Postal Service recommends that customers contact the postmaster or carrier before erecting or replacing their mailboxes and supports. 632.525 Grouping
Boxes should be grouped wherever possible, especially at or near crossroads, service turnouts, or other places where a considerable number of boxes are presently located.
632.526 More Than One Family
If more than one family wishes to share a mail receptacle, the following standards apply:

Attachment 2
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a. Route and Box Number Addressing. On rural and highway contract routes authorized to use a route and box numbering system (e.g., RR 1 BOX 155), up to five families may share a single mail receptacle and use a common route and box designation. A written notice of agreement, signed by the heads of the families or the individuals who want to join in the use of such box, must be filed with the postmaster at the distributing office.
b. Conversion to Street Name and Number Addressing. When street name and numbering systems are adopted, those addresses reflect distinct customer locations and sequences. Rural and highway contract route customers who are assigned different primary addresses (e.g., 123 APPLE WAY vs. 136 APPLE WAY) should erect individual mail receptacles in locations recommended by their postmasters and begin using their new addresses. Customers having different primary addresses but wishing to continue sharing a common receptacle must use the address of the receptacle’s owner and the “care of” address format:

JOHN DOE

C/O ROBERT SMITH
123 APPLE WAY
Customers having a common primary address (e.g., 800 MAIN ST) but different secondary addresses (e.g., APT 101, APT 102, etc.) may continue to share a common receptacle if single-point delivery is authorized for the primary address. Secondary addresses should still be included in all correspondence.
632.527 Locks
The use of locks, locking devices, or inserts on curbside mailboxes on rural and highway contract routes is prohibited. See the list of curbside mailbox manufacturers for approved locking style mailboxes (a current listing of approved manufacturers and models can be obtained from the office listed in section 632.511). The Postal Service does not allow carriers to open locked boxes and does not accept keys for this purpose.
632.528 Unstamped Newspapers
Curbside mailboxes are to be used for mail only, except for newspapers regularly mailed at Periodicals rates. Publishers of these newspapers may, on Sundays and national holidays only, place copies of the Sunday or holiday issues in the rural and highway contract route boxes of subscribers, with the understanding that these copies must be removed from the boxes before the next day on which mail deliveries are scheduled. 632.529 Newspaper Receptacles
A receptacle for the delivery of newspapers may be attached to the post of a curbside mailbox provided that no part of the receptacle interferes with the delivery of mail, obstructs the view of the flag, or presents a hazard to the carrier or the carrier’s vehicle. The receptacle must not extend beyond the front of the box when the box door is closed. No advertising may be displayed on the outside of the receptacle, except the name of the publication.

Attachment 2
632.53 Postal Operations Manual
340 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
632.53 Nonconforming Mailboxes
Carriers must report to the postmaster any existing mailboxes that no longer conform to postal regulations. The postmaster sends PS Form 4056, Your Mailbox Needs Attention, to the owners of these boxes to request that they remedy the irregularities or defects. All newly installed or replacement mailboxes must be approved models in accordance with USPS-STD-7. A current listing of approved manufacturers and models can be obtained from the office listed in section 632.511.
632.54 State and Local Regulations
Some states have enacted laws that are more stringent and specific about the type of mailbox that may be used, the post or support that must be used to mount the mailbox, and the location of the delivery equipment.

Regulations and recommendations published here might not reflect appropriate requirements for your area. When providing guidance to the general public concerning mailbox placement and replacement, advise them not only of postal regulations but also of any mailbox regulations that you know have been enacted by state or local authorities.
632.6 Apartment House Receptacles
632.61 General
Specifications for construction and approval procedures for manufacturers are covered in USPS STD 4C (RDD), Wallmounted Mail Receptacles.

Individuals or firms interested in the manufacture of apartment house mailboxes should write to:

ENGINEERING

IP DELIVERY & RETAIL SYSTEMS

US POSTAL SERVICE
8403 LEE HWY
MERRIFIELD VA 22082-8101
632.62 Installation
632.621 General
Owners and managers of apartment houses, or other multi-unit dwellings with obsolete apartment house mail receptacles should install up-to-date receptacles currently approved by the Postal Service to ensure safety of access and security of the mail. When such buildings are substantially renovated or remodeled, or when box locations change, obsolete receptacles should be replaced with currently approved receptacles. 632.622 Location and Arrangement
Regulations for the location and arrangement of receptacles are subject to Postal Service approval as follows:
a. All new or remodeled apartment houses can only install USPSapproved 4C equipment. When installing this equipment, a requirement is to have at least one parcel locker for every five customer mail compartments. For those buildings with a minimum of five mail compartments, there must be at least one parcel locker installed. b. Receptacles and parcel lockers in apartment houses should be located reasonably close to the entrance in vestibules, halls, or lobbies. The Attachment 2
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carriers must be able to serve the boxes without interference from swinging or open doors. The area must be adequately lighted to afford the best protection to the mail and to let carriers read addresses on mail and names on boxes without difficulty.
c. Installation of standard, approved apartment receptacles in exterior walls of buildings may be authorized, provided that they are not installed directly on the street or a public sidewalk. Wherever possible, keep at least 15 feet between the boxes and the street or sidewalk; the location should be clearly visible from one or more apartment windows.

A canopy must be provided, and it must be designed and located to afford maximum protection from the weather, including driving rains. In addition, adequate night lighting must be installed.
632.623 Access to Rear-Loading of Horizontal-Type Receptacles Carrier access to the rear area of mailrooms containing rear-loading mailbox panel(s) shall be provided via a secure access door fitted with an ANSI 156.13 F15 lock. A security door, frame, and the F15 lock shall be selected and installed in accordance with all the requirements for residential mailrooms as specified in Handbook RE-5, Building and Site Security Requirements, Chapter 3, and in Central Delivery Guidelines, Section 10.

A key to the door lock must be available to the carrier via a key keeper manufactured and installed in accordance with United States Postal Service Specification for Key Keepers, USPS-B-3180. The rear of the mailbox panel(s) must have a door or cover in accordance with USPS STD 4C to prevent the removal of mail from adjacent boxes and to prevent mail from coming out through the back. The cover or door must be easily opened and closed or else removed and replaced.
632.624 Installation With Telephone Units
The guidelines for installing receptacles with telephone units are as follows:
a. When it is necessary or desirable to install mail receptacles with a standard-size telephone unit, vertical-type receptacles may be placed in two tiers. They may also be installed in groups of fewer than seven if necessary to properly arrange the groups in two tiers. This does not apply if the telephone unit is installed independently of the mail receptacles. Although there is no objection to combining these two services, the mail receptacles must be separated from the telephone or electrical unit. Electric push buttons, connected to wires outside the mail receptacles, may be placed in the frame of the installation if the push buttons can be removed from the outside and if the wire connections can be repaired without removing the receptacles. b. Telephone units combined with mail receptacle units must allow access to the telephone unit without having to enter the mail receptacle; the mail receptacle must not be accessible when the telephone unit is opened.
632.625 Key and Record Controls
The following key and record controls apply to apartment houses:
a. Apartment house managers must maintain a record of the number of keys supplied by manufacturers so that new keys may be ordered when necessary. The record should match the key number to the Attachment 2
632.626 Postal Operations Manual
342 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
receptacle number. Do not place key numbers on the outside barrels of the locks because this would allow unauthorized persons access to keys and boxes. Clearly number each individual receptacle lock on the back; replace lost keys as needed according to lock numbers. Masterkeying is not permitted. b. Apartment house managers must also maintain a record of key numbers and combinations of keyless locks so that new tenants may be given the combination. These records must be kept in the custody of the manager or a trusted employee. The record of key numbers must be kept until the lock is changed, when the old record may be destroyed and a replacement record created.
c. Combination locks are not approved under current Postal Service receptacles standards.
632.626 Directories
Guidelines for Postal Service apartment house directories are as follows:
a. For all apartment houses with 15 or more receptacles, maintain a complete directory of all persons receiving mail. If an apartment house is divided into units, each with separate entrances and 15 or more receptacles, each unit should have a separate directory. In addition, if mail is not generally addressed to specific units, a directory must be kept at the main unit of the building listing all persons receiving mail in the various units.
b. Directories must be alphabetical by surname and must be maintained and kept up-to-date. The receptacle number and apartment number should always be the same, and the apartment number should appear to the right of the name in the directory. If the apartment number is different from the receptacle number, the receptacle number should appear to the left of the name in the directory. Follow the same arrangement for apartments that are either lettered or lettered and numbered. c. The directory must be legible, enclosed in a suitable protective frame, and attached to the wall immediately above or to the side of the mail receptacles where it can easily be read. If mailrooms are used, the directory should be placed for the carrier’s convenience. If an attendant, such as a telephone operator, doorman, or elevator conductor, is on duty between the hours of 7:00 a.m. and 11:00 p.m., and the mail is delivered either to apartment house receptacles or in bulk for distribution by employees of the building, the employee on duty in the building may keep the directory to make it available to the carrier on request. 632.627 Maintenance and Repair
The guidelines for receptacle maintenance and repair are as follows:
a. Owners or managers of buildings must keep receptacles in good repair. When an inside-letterbox Arrow lock is no longer needed, the building management must immediately notify the postmaster, who will then send a postal employee to supervise removal of the lock from the master door and return it to the Post Office.
b. Carriers will report on PS Form 3521, House Numbers and Mail Receptacles Report, all apartment houses that are being remodeled Attachment 2
Delivery Services 633.1
POM Issue 9, July 2002 343
Updated With Revisions Through April 30, 2022
and all unlocked or out-of-order mailboxes. Delivering employees and postmasters must ensure that all inside-letterbox Arrow locks are recovered when buildings are torn down or remodeled.
c. When informed of equipment needing repair or irregularity in the operation of apartment house mail receptacles, postmasters will promptly initiate an investigation and direct what repairs must be made at the expense of the owners or managers. To avoid any questions about disposition or treatment of mail, repairs must be made only when a postal representative is present. It is unlawful for anyone other than postal employees to open receptacles and expose mail.
d. Failure to keep boxes locked or in proper repair as directed by postmasters is sufficient justification for withholding mail delivery and requiring occupants to call for their mail at the Post Office or carrier delivery unit serving the location. A reasonable notice of approximately 30 days will be given in writing to the customers and the owner or manager of the apartment building.
e. If mail deposited by a carrier in an apartment house mail receptacle is reported lost or stolen, or if there is an indication that the mail has been willfully or maliciously damaged, defaced, or destroyed, the postmaster must immediately report the circumstances to the Postal Inspection Service.
f. The U.S. Code prescribes criminal penalties for the wrongful possession of mail locks and the willful or malicious injury or destruction of letterboxes and the theft of mail therefrom. 632.628 Approved Manufacturers and Models
A current listing of approved manufacturers and models can be obtained from the office listed in section 632.511.
632.63 New or Remodeled Apartment Buildings
When new apartments are being erected or existing ones remodeled, postmasters will inform builders and owners of these regulations’ requirements and will provide a suitable inspection to ensure that only approved receptacles are installed in conformance with regulations. 633 Mail Keys
633.1 Types
The following types of mail keys are available:
a. LA keys.
b. Rotary lock keys.
c. Arrow lock keys used on street letter or collection boxes and apartment houses mail panels, and new neighborhood delivery and collection box units (NDCBUs).
d. Serial padlock keys.
e. Motor vehicle keys and motor vehicle padlock keys.
f. Highway contract route keys, SR padlock.

Attachment 2
633.2 Postal Operations Manual
344 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
633.2 Personnel to Whom Keys Are Issued
633.21 LA Keys
LA keys are issued to all Post Offices, stations, branches, airport mail facilities, authorized postal employees, and military Post Offices. 633.22 Rotary Lock Keys
Rotary lock keys are issued to the following:
a. CAG A-J Post Offices, airport mail facilities, and military Post Offices. b. Other Post Offices and installations as authorized by their district manager. 633.23 Other Keys
Other types of keys are issued to authorized postal employees. 633.3 Obtaining Keys
633.31 General
Postal locks and keys are available from:

MAIL EQUIPMENT SHOPS

US POSTAL SERVICE
2135 5TH ST NE
WASHINGTON DC 20260-6224
Mail Equipment Shops (MES) manufactures most of the locks and keys used by the Postal Service. PS Form 4983, Postal Key and Lock Requisition, will be used to order Post Office box locks and keys.
633.32 LA and Rotary Lock Keys
Keys for newly established Post Offices will be furnished by the Mail Equipment Shops upon receipt of PS Form 4983, except that rotary lock keys for CAG K and L Post Offices must be requested by the district managers or their designees. Request additional and replacement keys on PS Form 4983 from:

MAIL EQUIPMENT SHOPS

US POSTAL SERVICE
2135 5TH ST NE
WASHINGTON DC 20260-6224
633.4 Safekeeping Keys
633.41 In Installations
633.411 LA Keys
Attach LA keys in use to fixtures by a chain.
633.412 Rotary Lock Keys
Attach rotary lock keys in use to a safe by a chain, except when it is more practicable to attach to other fixtures for ready access. 633.42 Arrow Lock Keys
Employees must turn in Arrow lock keys daily on completion of duty. Carriers must keep Arrow lock keys attached to their clothing by a chain at all times while on duty. If a clearance employee is not available, Arrow lock keys (and any other postal keys in temporary use, such as for vehicles) should be deposited in a secure location, for instance, a designated storage box.

Attachment 2
Delivery Services 633.8
POM Issue 9, July 2002 345
Updated With Revisions Through April 30, 2022
633.5 Record of Keys
633.51 Where to Record
Keep a record of the date of receipt, number of the key, and the combination, if any, at CAG A-G Post Offices on PS Form 1628, Individual Key Record.

Other Post Offices must maintain a record of mail keys in the space provided on the inside back covers of their cash books.
633.52 Keys Assigned to Carriers
Have each carrier receipt mail keys issued to them. To eliminate the need for the carrier to repeatedly sign the key record book or PS Form 1628, use one of the following plans:
a. Make up sets of keys for each route and enter the number of each key in the key record book. Opposite the key number, place the number of the route to which the key is assigned. Issue metal or fiber key checks, each bearing a different number, to both regular and substitute carriers and obtain a receipt from the carriers. When a carrier calls for a set of keys assigned to the route the carrier is serving, have him or her surrender his or her key check. Place the check on separation in the key case. Return the check to the carrier when he or she returns the key. b. Make up sets of keys for each route and attach a tag bearing a serial number to each set. Enter this number, in addition to the route number, in the key record. This number will identify the set of keys and may be entered on the receipt to be signed by a substitute carrier for any set the carrier draws. The sets of keys may be issued to regular carriers upon surrender of key checks issued to them.
633.53 Keys Assigned to Other Employees
Keys assigned to other employees for collection purposes must be accounted for as prescribed above.
633.6 Keys Lost, Stolen, Missing, or Found
Report the recovery or finding of keys in the same manner as described in ASM 273, except that a duplicate copy of the memorandum shall be sent direct to the Mail Equipment Shops with the key. Retain serviceable LA keys for local use if needed.
633.7 Keys From Discontinued Offices
Handle keys from discontinued offices under instructions received from the district manager.
633.8 Unserviceable Keys
Forward unserviceable mail keys by Registered Mail to:

MAIL EQUIPMENT SHOPS

US POSTAL SERVICE
2135 5TH ST NE
WASHINGTON DC 20260-6224
A letter of transmittal or a list of the keys by number is not necessary, but the package of keys must be properly identified. Do not send any other item or requisition in the same package with unserviceable keys.

Attachment 2
633.9 Postal Operations Manual
346 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
633.9 Receipt and Control
Receipt and control all mail keys and locks according to the instructions in ASM 273.
64 City Delivery Service
641 Establishment of City Delivery Service
See 63 for authorized modes of delivery.
641.1 Definition
In this section, establishment refers to the initiation of city delivery service in a community through a Post Office that does not currently provide it. 641.2 Requirements
In establishing city delivery service, a combination of delivery methods is considered to provide regular and effective service to all residential and business sections of a community. All establishments of delivery service must have final approval of the district manager, Customer Service and Sales, or designee. Establishment of city delivery service is considered when the following essential requirements are met:
a. Within the area to be served there is a population of 2,500 or more or 750 possible deliveries. (The postal customer population may vary greatly from the general census population because of different boundary interpretations and designations.)
b. At least 10 percent of the building lots in the area to be served are improved with houses or business places. Where a house or building and its yard or ground cover more than one lot, all lots so covered are considered improved.The streets are paved or otherwise improved to permit the travel of Postal Service vehicles at all times, without damage or delay.
c. Streets are named and house numbers are assigned by the municipal authorities in accordance with Management Instruction DM-940-89-3, Addressing Conventions.
d. Street signs are in place and house numbers are displayed. e. Rights-of-way, turnouts, and areas next to roads and streets are sufficiently improved so that the installation, servicing, and accessing of boxes are not hazardous to the public or Postal Service employees. f. Satisfactory walkways exist for the carrier where required. g. Approved mail receptacles or door slots are installed at designated locations, as directed by the Postal Service.

Attachment 2
Delivery Services 643.2
POM Issue 9, July 2002 347
Updated With Revisions Through April 30, 2022
642 Extensions
642.1 Definition
In this section, extension refers to the expansion of city delivery service to any areas not currently receiving delivery service but that are within the delivery limits of a Post Office from which city delivery service is already provided.
642.2 Requirements
The delivery service requirements for extensions are the same as those listed in 641.2 for establishments, with the following exceptions:
a. Section 641.2a does not apply to extensions.
b. The applicability of b may be waived if:
(1) There is a reasonable expectation that the requirements of 641.2b can be met within 12 months, and
(2) CBUs or USPS STD 4C equipment are to be used for delivery. 642.3 Out-of-bounds Customers
Customers outside the limits of city delivery service may be given delivery service, where approved by the Postal Service, if they erect boxes on the delivery carrier’s line of travel. Parcel Post, Insured Mail, Certified Mail, COD, and Registered Mail are delivered to the residences or businesses of out-ofbounds customers if the residences or businesses are not more than three blocks from the carrier’s line of travel and passable walks are constructed or the street is not impassable. Otherwise, a notice is left in the box requesting that the customer call for the mail. If an ordinary parcel is involved and it can be placed in the box, delivery is made in that manner.
643 Requests for Delivery Service
643.1 General
Requests or petitions to establish, change, or extend city delivery service must be made to the local postmaster. No formal petition is required. Postmasters forward requests or petitions to establish service to the district designee with a statement reporting whether the requirements in 641.2 have been met. 643.2 Labor Strikes
The procedures for delivery to an address experiencing a labor strike are as follows:
a. Where a labor strike is in progress, the same service as was in effect prior to the strike should continue. No requests for changes in mail service will be complied with while the strike is in progress. If a request is received to have mail delivered to a plant that is normally received through Post Office box service or at a firm call window, advise that the request will not be granted until after the strike is over. b. Where it is the practice of a firm to transport mail to and from a detached mail unit (DMU) and a request is received for the Post Office Attachment 2
644 Postal Operations Manual
348 POM Issue 9, July 2002
Updated With Revisions Through April 30, 2022
to perform this service during a strike, disapprove the request because this involves a change in mail service.
644 Carrier Duties, Responsibilities, and Conduct
Refer to Handbook M-41, City Delivery Carriers Duties and Responsibilities. 645 Management
645.1 Pivoting Definition
Pivoting is a method of utilizing the undertime of one or several carriers to perform duties on a temporary vacant route or to cover absences.

Nonpreferential mail may be curtailed within delivery time standards on the vacant route and/or on the route of the carriers being pivoted. 645.2 Pivoting Usage
Pivoting is not limited to periods when mail volume is light and when absences are high, but also can be utilized throughout the year for maintaining balanced carrier workloads.
646 Reporting Local Ordinances and State Laws
Managers are expected to report in a timely manner to district offices any contemplated action by local or state authorities to enact or consider enactment of local ordinances or state laws that would adversely affect operating costs or performance of postal services.
65 Rural Delivery Service
651 Types of Service
651.1 Regular and Auxiliary Routes
A regular or auxiliary route operates Monday through Saturday, excluding holidays. Regular routes are classified as H, J, or K, in accordance with the table of route classifications provided in the Postal Service-NRLCA National Agreement. Regular carriers assigned to H routes work 6 days per week, while J routes receive 1 scheduled relief day per pay period, and K routes have 2 scheduled relief days per pay period.

Mileage routes, also referred to as M or RCS routes, are regular routes on which the carrier is compensated on the basis of the route’s mileage and the RCS (mileage) schedule. Mileage routes are no longer established. As existing mileage routes are vacated or standard hours increase so that the evaluated salary of the carrier would exceed the RCS salary, they are converted to the evaluated compensation system, at the appropriate classification.

Note: Authorized relief days are granted on Saturdays unless another day is desired by the regular carrier and is mutually agreeable to the postmaster and carrier. For J routes, the postmaster may schedule the relief day on either the first or second Saturday of the pay period.

Attachment 2
Attachment 3
Attachment 3
Attachment 3
Attachment 3

ADDRESS MANAGEMENT SYSTEMS

UNITED STATES POSTAL SERVICE

SIERRA COASTAL DISTRICT
28201 FRANKLIN PKWY
SANTA CLARITA CA 91383-9321
March 21, 2024
City of Carmel-by-the-Sea
PO Box CC
Carmel by the Sea, CA 93921
Dear Emily Garay,
I am writing to you as the Address Management System Manager for California 3, in response to implementing proper street addressing for the City of Carmel-by-the-Sea.

Addressing Conventions below will entail what a proper address requires.

Attachment 4

ADDRESS MANAGEMENT SYSTEMS

UNITED STATES POSTAL SERVICE

SIERRA COASTAL DISTRICT
28201 FRANKLIN PKWY
SANTA CLARITA CA 91383-9321
I hope that this may be of guidance.

Sincerely,
Denise Moreno
Address Management Systems Manager
California 3
Attachment 4
7/3/24, 2:30 PM Carmel-by-the-Sea Mail - Fwd: CA building codes https://mail.google.com/mail/u/0/?ik=413b5969fe&view=pt&search=all&permthid=thread-f:1801873183779330593%7Cmsg-f:1801873183779330593&… 1/3 Emily Garay <[email protected]>
Fwd: CA building codes
1 message
Karen Ferlito <[email protected]> Fri, Jun 14, 2024 at 2:22 PM To: Chip Rerig <[email protected]>, Brandon Swanson <[email protected]>, Emily Garay <[email protected]>
Cc: Paul Tomasi <[email protected]>, [email protected], "Brian A. Pierik" <[email protected]> I requested info from Jermel regarding the CA Building Codes and the California Fire codes. Please see below. This is in preparation for the item regarding addresses scheduled for the July CC meeting and should be included in the staff report.

Begin forwarded message:

From: Jermel Laurie <[email protected]>
Subject: Re: CA building codes
Date: June 14, 2024 at 7:34:59 AM PDT
To: Karen Ferlito <[email protected]>
Karen,
Here are the sections from both Building and Fire Codes. 2022 California Fire Code
505.1 Address Identification
New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
https://up.codes/viewer/california/ca-fire-code-2022/chapter/5/fire-service-features#505 2022 California Building Code
[F] 502.1 Address Identification
New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. Address identification shall be maintained.

Attachment 5
7/3/24, 2:30 PM Carmel-by-the-Sea Mail - Fwd: CA building codes https://mail.google.com/mail/u/0/?ik=413b5969fe&view=pt&search=all&permthid=thread-f:1801873183779330593%7Cmsg-f:1801873183779330593&… 2/3 https://up.codes/viewer/california/ca-building-code-2022/chapter/5/general-building-heights-and-areas#502 2022 California Residential Code
R319.1 Address Identification
Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) in height with a stroke width of not less than 0.5 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
https://up.codes/viewer/california/ca-residential-code-2022/chapter/3/building-planning#R319 Here is a link to all the California Building Codes from the Building Standards Commission of California https://www.dgs.ca.gov/BSC/Codes
Best Regards,
Jermel Laurie, CBO
Building Official
City of Carmel-by-the-Sea
(831) 620-2055
Please take our Customer Satisfaction Survey.

The Community Planning & Building Department will be closed to the public on Wednesday, June 19th. Regular business hours will resume at 8:00 a.m. on Thursday, June 20th, 2024. We look forward to connecting with you then. Take good care!
If you have a general Planning question, please email [email protected]. For Building questions, please email [email protected]. To request a building inspection, please go on-line to: https://ci.carmel.ca.us/post/electronic-inspectionscheduling or call the inspection line at (831) 620-2065.

Thank you for your patience and understanding as we adapt to the changing conditions in our community.

On Thu, Jun 13, 2024 at 4:13 PM Karen Ferlito <[email protected]> wrote:

Yes. I think the codes have something about addresses on buildings and homes.

I know the ca fire codes have those requirements. But I think the building codes may also address how they are to be installed and displayed.

Karen Ferlito
[email protected]
Attachment 5
7/3/24, 2:30 PM Carmel-by-the-Sea Mail - Fwd: CA building codes https://mail.google.com/mail/u/0/?ik=413b5969fe&view=pt&search=all&permthid=thread-f:1801873183779330593%7Cmsg-f:1801873183779330593&… 3/3 On Jun 13, 2024, at 2:07 PM, Jermel Laurie <[email protected]> wrote:

Karen,
Yes I do. Is there a specific section or code you are looking for? Residential Code? Building code? Energy Code?
Best Regards,
Jermel Laurie, CBO
Building Official
City of Carmel-by-the-Sea
(831) 620-2055
Please take our Customer Satisfaction Survey.

The Community Planning & Building Department will be closed to the public on Wednesday, June 19th. Regular business hours will resume at 8:00 a.m. on Thursday, June 20th, 2024. We look forward to connecting with you then. Take good care!
If you have a general Planning question, please
email [email protected]. For Building questions, please email [email protected]. To request a building inspection, please go on-line to: https://ci.carmel.ca.us/post/electronic-inspectionscheduling or call the inspection line at (831) 620-2065.

Thank you for your patience and understanding as we adapt to the changing conditions in our community.

On Thu, Jun 13, 2024 at 1:48 PM Karen Ferlito <[email protected]> wrote:

Jermel,
Do you have a copy of the CA building codes that I could use in the office? I want to do some research.

Regards,
Karen Ferlito
831-595-6458
[email protected]
Attachment 5
From November 7, 2023 Agenda

Page 1 of 4 ends

Questions from City Council and Community Members

1. Does the Fire Department keep any data/notes/recorded information about delayed response times to calls/dispatches due to not being able to initially find the correct house/building (due to absence of street address)? In an emergency response situation or in response to a house alarm? • Answer from Chief Panholzer:

We require our personnel to provide a reason for any delayed responses that exceed a 5-minute response time. I checked with Assistant Chief Jim Courtney, who reviews the reports monthly, and he does not recall any time where lack of addresses or inability to find the correct location was indicated as the reason for a delayed response. I cannot say that no addresses has never been a factor in our response, but I have not had any of our personnel indicate a concern with this.

2. Is the Carmel-by-the-Sea Fire Department aware of any difficulties Carmel-by-the-Sea residents or business owners have with obtaining fire insurance or any other type of structure insurance? Are there any requirements for street address or physical address that will/should affect Carmel-ByThe-Sea residents/business owners? • Answer from Chief Panholzer:

I am not aware of any circumstance where someone was unable to obtain insurance coverage due to them not having a street address. It is possible that people have not shared that with me if it has happened.

3. Are there any fire safety requirements the Carmel-by-the-Sea Fire Department is aware of, in terms of street addresses, that may or should affect Carmel-By-The-Sea residents or structures? • Answer from Chief Panholzer:

The California Fire Code (adopted by Carmel) has a section requiring addresses for all buildings (see below). This has been brought up in the past. Carmel did not amend the Fire Code when it was adopted to exclude this section; it has just not been enforced. 505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters.

Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1 /2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure.

Address identification shall be maintained.

Attachment 6
Attachment 1

Page 2 of 4 ends

4. Does the Carmel-by-the-Sea Police Department keep any data or notes on delay of response times due to not initially finding the correct house/building (due to lack of street address)? Also, does the department keep any data/notes/info on police response to house alarms going off and whether there's any recorded difficulty or delay in identifying the correct house with the sounding alarm? The Police Department does not log or record data specific to delayed response times and street addresses. While there may be individual address notes within the Computer Aided Dispatch (CAD) system, the correlation of any delayed response times due to lack of street addresses is not a factor that can be pulled from the data set as currently maintained by the CBTS Police Department.

5. Community members have provided staff with examples of other cities that have street addresses/house numbers but have their mail delivered to a PO Box at their local Post Office.

Staff has researched how other cities may have received a designation for USPS PO Box delivery and pick-up at a Post Office. The established delivery system would have been implemented with consideration to minimum workload availability by USPS, customer density, condition of roads, and the presence of gates/fences or other obstructions to delivery. Available information for specific cities provided as examples is limited, in reference to the details of the establishment of their mail delivery system. With online research into these specific cities and their mail delivery system being limited and uninformative, staff will attempt to gain insight and more information by communicating with staff from those cities.

6. If house numbers and building numbers have to be posted for street addresses, how will they look like? Will there be design requirements?
If building and house numbers will be posted, the appropriate design and presentation of those numbers would be discussed for approval in the context of the City’s design guidelines to fit the character of the City.

7. What about Google Plus Codes? Has staff looked into this and how does it work? Google describes the system as:
• Plus Codes are like street addresses for people or places that don’t have one. Instead of addresses with street names and numbers, Plus Codes are based on latitude and longitude, and displayed as numbers and letters. With a Plus Code, people can receive deliveries, access emergency and social services, or just help other people find them. • In rural United States, the Rural Utah Project is using Plus Codes to help members of the Navajo Nation register to vote, and to help emergency services reach residents faster.

Staff found that the system and the app is available to approved organizations that, “have the authority and resources to successfully deliver scaled addressing programs in their areas, and that there is a clear addressing need that can benefit from Plus Codes.” In order to access the Address Maker function as a governmental organization, the City has to “request access” by filling out an application that is, “reviewed based on the information provided and our [Address Maker’s] capacity to take on additional partners into this program.”
Staff recommends discussion and community engagement before submitting any application for the Address Maker as an organization.

Attachment 6
Attachment 1

Page 3 of 4 ends

Questions for the Plus Codes Address Maker application include:

Questions Continued on Next Page
Attachment 6
Attachment 1

Page 4 of 4 ends

8. What about the What3Words App?
The app uses a system that converts GPS coordinates into 3 word addresses, for example it takes the latitude and longitude entered into the app and converts it to “///geese.mirror.arrives”. The process explains that you’re given a what3words location, you can open it in the what3words app, then tap ‘Navigate’ and select ‘Google Maps’ to open the exact location in Google Maps and get directions.

Staff downloaded the app and used the built-in map service to locate City Hall for an example of a three word address. The system assigned, “///sketchbook.fiercer.regenerate” as a possible three word address for City Hall. The app works as a navigation tool but it is unclear whether the generated addresses are verifiable through any financial or governmental organizations.

9. What happens if someone incorrectly sends USPost to our “physical addresses”? Where does this go? Can the post office intercept this postal mail and put it in our PO Box? A precise answer as to whether the Post Office can intercept incorrectly addressed postal mail (addressed to physical address) and place it in a PO Box is a question for USPS that staff can relay.

Currently, postal mail addressed to a residents’ geographic or descriptive address is processed as “undeliverable” and sent back to sender.

10. How long (estimate) does it take to get the online databases for Google/Apple Maps etc to have our new physical addresses so they show up in all of the right places - online etc? Staff does not have an estimated timeline for this process and completion.

11. What anticipated actions do all of us have to do to update our personal records with our new addresses? Or is this optional?
Residents and community members could continue to use their PO Box addresses for what they consider appropriate and workable for their needs but staff has not outlined specific anticipated actions at this point.

Attachment 6

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 9, 2024

PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Marnie R. Waffle, AICP, Principal Planner APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

APP 24118 (Hofsas House, Inc.) - Consideration of an appeal of the Planning Commission's approval of Design Review application DR 24059 (Hofsas House, Inc.) associated Lot Line Adjustment and Coastal Development Permit for the demolition of an existing 38-room hotel and the construction of a new 38-room hotel, and Use Permit application UP 24060 for the hotel and associated accessory uses located on San Carlos Street 2 northwest of 4th Avenue in the Residential & Limited Commercial (RC) District. APN: 010-124-001-000 and 010-124-014-000 RECOMMENDATION:

Adopt Resolution 2024-061 (Attachment 1) denying an appeal, determining that the Carmel Legacy Hotel Project is exempt from the California Environmental Quality Act (“CEQA”) and upholding the Planning Commission’s April 10th, 2024, approval of Design Review application DR 24059, Use Permit application UP 24060, associated Lot Line Adjustment and Coastal Development Permit for the Carmel Legacy Hotel Project which entails the demolition of the existing 38-room Hofsas House Hotel and the construction of the proposed new 38-room Carmel Legacy Hotel located on San Carlos Street 2 northwest of 4 th Avenue.

APN: 010-124-001-000, 010-124-014-000.

BACKGROUND/SUMMARY:

Executive Summary:

The project involves demolishing an existing 38-room hotel and building a new replacement hotel with the same number of rooms on the same site. In addition to the replacement of the existing hotel, the existing hotel’s surface parking lot would be replaced with structured parking, increasing the supply of on-site parking. The existing hotel includes ‘guest only’ accessory uses, including a pool, banquet room, on-site laundry, sauna, massage, and continental breakfast. The proposed hotel also includes several ‘guest only’ accessory uses, including a restaurant, café/bakery, spa and hair salon, gym/fitness center, and business center. An existing single-family residence located on-site will be converted into two apartments. The hotel's ‘guest only’ gym/fitness center and business center are also proposed to be located in the converted residence. On December 18, 2023, the Carmel-by-the-Sea Historic Resources Board determined the existing hotel was ineligible for listing on the local historic inventory. On December 18, 2023, the Board also determined that the single-family residence known as Donna Hofsas House is historically significant and added the structure to the Carmel historic inventory. Donna Hofsas House will be preserved and repurposed for accessory hotel uses, in addition to two residential apartments. No exterior changes to Donna Hofsas House are proposed at this time.

Background/Project Description:

Four residences were constructed on lots 7, 9, 11, and 12 on San Carlos Street, northwest of Fourth Avenue, between 1923 and 1933. ln 1943, the two-story residence on lot 9 was remodeled into apartments.

Donna and Fred Hofsas purchased these properties in 1949 and created the Hofsas House complex of rental rooms and apartments. ln 1956, they demolished two of the residences (lots 7 and 12) to create a parking lot.
ln January 1957, Donna and Fred built a Bavarian-themed four-story, 25-unit motel and swimming pool designed by architect Robert Jones. Two of the pre-1957 cottages were remodeled and incorporated into the hotel's new design (lots 5 and 7). The reception area to the south of the hotel was one of the existing buildings, as evidenced by Robert Jones' site plan for the project (lot 9). This area was further enlarged to the south to create the Porte-cochere (portion of lot 11). A front-facing, clipped gable roof sweeps to the south to cover the Porte-cochere. Design features include wide, overhanging eaves with visible rafters, pink stucco with contrasting decorative half-timbering, front-gabled dormers, vertical diamond-paned windows, balconies with band-sawn railings, and floral murals by Maxine Albro. ln 1960, Donna Hofsas House, a single-family dwelling sporting a hyperbolic-parabola roof (aka modern gull-wing roof), was constructed on a portion of the larger hotel property (lots 8 and 10) fronting Dolores Street and served as the hotel manager's house. The home was evaluated for historical significance in 2002 and again in 2023 when it was officially added to the Carmel Historic Inventory. ln 1968, Donna Hofsas commissioned the eight-unit detached North Wing on lots 1 and 3 (front San Carlos Street) after demolishing two apartment buildings on those parcels. The north wing also expresses the Bavarian theme featuring wide, overhanging eaves, clipped gables, pink stucco, decorative half-timbering, gabled dormers, and band-sawn railings.

As it is known today, the Hofsas House Hotel occupies a 36,200 square foot building site comprised of two legal lots of record, an 8,000 square foot lot (Block 34, Lots 1 & 3, APN 010-124-001) and a 28,200 square foot lot (Block 34, Lots 5, por. of 7, por. of 8, 9, 10, por. of 11, 12, 14, APN 010-124-014). The hotel is comprised of 38 guest rooms and includes an outdoor pool, banquet room, on-site laundry, sauna, massage, and continental breakfast. The single family residence known as Donna Hofsas House is located on the larger of the two parcels, fronting Dolores Street.

The hotel buildings were evaluated in 2023 for historical significance, and on December 18, 2023, the Historic Resources Board adopted a Determination of ineligibility for the hotel. No appeals were filed, and the decision became final on January 10, 2024.

The applicant proposes demolishing the 38-room Hofsas House Hotel and building a new replacement hotel, Carmel Legacy Hotel. There would be no increase in the number of hotel rooms.

On April 10, 2024, the Planning Commission adopted Resolution 2024-026-PC, approving a Design Review, Lot Line Adjustment, and associated Coastal Development Permit to demolish the existing 38- room Hofsas House Hotel and construct the proposed new Carmel Legacy Hotel with the same number of rooms on the same site (Attachment 2). The Planning Commission also adopted Resolution 2024-027- PC, approving a Use Permit for the proposed new Carmel Legacy Hotel and several accessory uses (Attachment 3). The Use Permit approval also includes converting the historic single-family Donna Hofsas House residence into two apartments and accessory hotel uses.

On April 24, 2024, Neal Kruse, on behalf of the Carmel Preservation Association, filed an appeal of the Planning Commission’s approval of the Use Permit, citing a failure to assess the project's environmental impacts under the California Environmental Quality Act (CEQA) and the use of a Class 32 Categorical Exemption for infill development (Attachment 4). On May 23, 2024, EMC Planning Group, on behalf of the project applicant, submitted responses to the appeal (Attachment 5). The applicant’s attorney, Anthony Lombardo, also provided a response letter on June 25, 2024 (Attachment 6).

The question for the Council is whether or not the project to replace the existing 38-room hotel, as approved and conditioned, is categorically exempt from the California Environmental Quality Act (CEQA). The following section provides an overview of CEQA and the staff analysis supporting that the project qualifies for one or more categorical exemptions. The Planning Commission found the project categorically exempt from CEQA under Class 32 (Infill Development Projects) when approving the project on April 10, 2024.

Staff also contends that the project is categorically exempt under Class 2 (Replacement or Reconstruction) for the replacement hotel and Classes 3 and 31 for the repurposing of the historic Donna Hofsas House.

The identification of more than one categorical exemption is allowed under CEQA and can be considered by the Council during its review of the project on appeal.

Staff Analysis:

What is CEQA?
The California Environmental Quality Act (CEQA) (see-kwuh) “generally requires state and local government agencies to inform decision-makers and the public about the potential environmental impacts of proposed projects and to reduce those environmental impacts to the extent feasible. The laws and rules governing the CEQA process are contained in the CEQA statute (Public Resources Code Section 21000 and following), the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 and following), published court decisions interpreting CEQA, and locally adopted CEQA procedures.” (https://opr.ca.gov/ceqa/getting-started/)
What are CEQA categorical exemptions?
Section 21084 of the Public Resources Code requires the CEQA Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be categorically exempt from the provisions of CEQA. In response to that mandate, the Secretary of the Natural Resources Agency has found that thirty-three classes of projects do not have a significant effect on the environment, and they are declared to be categorically exempt from the requirement to prepare an environmental document. Those 33 classes of categorically exempt projects are found in CEQA Guidelines Sections 15301-15333.

Each Class includes a description and specific criteria that must be met in order for the exemption to apply.

Some of the classes also include examples of the types of projects that are categorically exempt from CEQA; however, the list is not exclusive. Additionally, the Guidelines also include “exceptions to the exemptions” found in CEQA Guidelines Section 15300.2, which include several unique conditions that, when met, can disqualify a project from reliance on a categorical exemption.

The following section provides a detailed analysis of how the entire project qualifies for both the Class 2 and Class 32 categorical exemptions and how the component of the project that entails the conversion of the Donna Hofsas House also qualifies for both the Class 3 and Class 31 categorical exemptions and also demonstrates why none of the exceptions to the exemptions apply.

The Project falls under the Class 2 Categorical Exemption in CEQA Guidelines Section 15302 for the Replacement/Reconstruction of Existing Structures
The Class 2 categorical exemption applies to projects proposing the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

The 38-room Hofsas House Hotel occupies a 36,200 square foot building site comprised of two legal lots of record, an 8,000 square foot lot (Block 34, Lots 1 & 3, APN 010-124-001) and a 28,200 square foot lot (Block 34, Lots 5, por. of 7, por. of 8, 9, 10, por. of 11, 12, 14, APN 010-124-014). The Hofsas House Hotel is proposed to be replaced with the proposed Carmel Legacy Hotel. The proposed 38-room Carmel Legacy Hotel will be located on the same 36,200-square-foot site that is currently occupied by the Hofsas House Hotel and will serve the same purpose: to provide overnight lodging accommodations to visitors.

The Carmel Legacy Hotel will have the same 38-room capacity as the existing 38-room Hofsas House Hotel.

The Project also falls under the Class 32 Categorical Exemption in CEQA Guidelines Section 15332 for In-Fill Development
Class 32 consists of projects characterized as in-fill development meeting the following conditions [(a)-(e)]:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

General Plan Consistency.

Staff Response: The General Plan Land Use designation for the project site is Commercial/Residential. This land use designation provides for a mix of residential dwellings and a limited range of office and service uses in scale with the character of the community. Less intense commercial uses and visitor accommodations are also allowed. Mixed-use developments of commercial and multi-family residential uses at a maximum density of thirty-three (33) units per acre are allowed. This area is also appropriate for public service uses.

Applicable General Plan policies include the following:

P1-5 Preserve the development pattern established in the commercial area with a central core area of ground floor retail and service activities surrounded by a less intensive buffer area of residential, motels, offices, and other uses. (LUP)
Staff Response: The project site is located within the less intensive buffer surrounding the central commercial core where hotels/motels are an appropriate use. The project is consistent with this General Plan policy.

P1-17 Prohibit the creation of any additional motel units within the City.

Staff Response: The project is the replacement of an existing 38-room hotel, and the new hotel will have the same number of rooms. The project is consistent with this General Plan policy as no new/additional hotel units will be created as a result of the project.

P1-59 Preserve the existing land use pattern in the commercial district with retail uses limited to the core area at ground level surrounded by a buffer area of residential uses, motels, and offices that provide a transition to the residential district. Ensure that land use and design standards for these two areas remain coordinated. (LUP) Staff Response: The project is located within a buffer area surrounding the commercial district where hotels/motels provide a transition to the residential district. The project is consistent with this General Plan policy.

Zoning Consistency
Staff Response: The zoning designation for the project site is Residential & Limited Commercial (RC). Carmel Municipal Code Section 17.14.010 (Purpose) states that the specific purpose of the RC District is to provide an appropriate location for permanent and transient residential uses, service and office uses, and limited retail uses that do not adversely impact the residential neighborhood. This district is intended to provide a transition and buffer between the more intense activities in the CC and SC districts and the less intense activities in the R-1 and R-4 districts. The existing Hofsas House Hotel is an establishment offering lodging to transient patrons for periods of less than 30 days (a transient residential use). The proposed Carmel Legacy Hotel would replace the existing Hofsas House Hotel and will continue to offer lodging to transient patrons for periods of less than 30 days and there would be no increase in the number of rooms.

As described in the April 10, 2024, staff report to the Planning Commission (Attachment 7), the project is consistent with all applicable zoning regulations, including, but not limited to, building height, floor area, building coverage, setbacks, and parking. Further, the project meets the R-1 design objectives.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

Staff Response: The project site is located between the west side of San Carlos Street and the east side of Dolores Street, north of 4
th Avenue, within the City of Carmel-by-the-Sea city limits. The project site area is 36,200 square feet, which is 0.83 acres and well below the 5-acre maximum for this criterion. The project is substantially surrounded by urban uses as follows:

East: San Carlos Street and multi-family residential.

The project site is located near the intersection of San Carlos Street and Camino Del Monte Avenue.

To the east of the roadway are the RC District and the Pine Terrace Condominiums, a multi-family residential development.

West: Hotel and Dolores Street/single-family residential.

Adjacent to a portion of the west property line is the RC District and another hotel known as Carmel Country Inn. The remainder of the west property line is adjacent to Dolores Street. To the west of Dolores Street is the R-1 District and single-family residences.

North: Unimproved 3
rd Avenue Public Right-of-Way and single-family residential.

The project site abuts an unimproved portion of 3
rd Avenue between San Carlos Street and Dolores
Street. To the north of this area is the R-1 District and a single-family residence.

South: Hotel
Adjacent to the south property line is the RC District and the Svendgaards Inn Hotel. (c) The project site has no value as habitat for endangered, rare, or threatened species.

Staff Response: The project site is fully developed with hotel and accessory buildings, a pool, and asphalt parking areas. The site is not located within an Environmentally Sensitive Habitat Area (ESHA) and has no value as habitat.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

Staff Response:

Traffic. Hexagon Transportation Consultants, Inc. prepared a memorandum (VMT and Parking Assessment for the Proposed Legacy Hotel Carmel in Carmel-by-the-Sea, California) (“VMT analysis”) dated November 27, 2023 (Attachment 8), for the proposed project to determine whether the project would result in a significant vehicle miles traveled (VMT) impact. The City of Carmel-by-the-Sea has not adopted a VMT policy, and therefore, the general practice is to follow the Governor’s Office of Planning and Research (OPR)’s Technical Advisory on Evaluating Transportation Impacts in CEQA (December 2018).

Per these guidelines, there are several categories of projects that could be presumed to have a less than significant VMT impact or be screened out of a VMT analysis. Screening Threshold for Small Projects (projects that generate or attract fewer than 110 trips per day generally may be assumed to cause a less than significant transportation impact.

The existing hotel has 38 rooms, and the proposed hotel would have the same number of rooms. Hexagon Transportation Consultants, Inc. concluded that the project would not generate more vehicle trips beyond what is currently generated by the existing hotel. Additionally, the project proposes to offer electric buses and limousine services to shuttle guests to and from local destinations in addition to the existing shuttle services that provide transportation to and from the Monterey airport. Last, the additional amenities provided within the project, such as a restaurant, café, and spa, would be limited for use by hotel guests only and thus would reduce the need for guests to make trips outside the hotel grounds, further reducing VMT.

All projects within the City are required to submit a Construction Management Plan before the issuance of a building permit. The plan is reviewed and approved by the Community Planning & Building Director in consultation with the Building Official. The plan must include construction staging, truck haul routes, traffic control measures for material deliveries, contractor parking, project scheduling, construction hours, building materials storage, erosion control, and construction best management practices.

Noise. All projects in the City are required to comply with General Plan policy P9-4, which ensures that construction activities are managed to minimize overall noise impacts on surrounding land uses, and policy P9-17, which enforces state laws regarding unmuffled or improperly muffled motor vehicles. Additionally, all projects must comply with Carmel Municipal Code Section 15.08.180, which sets forth hours of construction as follows,
For projects requiring a building permit, the permitted hours of construction shall be from 8:00 a.m. to 6:30 p.m. Monday through Saturday unless other specified hours are approved or required by the Building Official or the Director of the Department of Community Planning and Building. These hours apply in all land-use districts. For the purpose of this section, the term “hours of construction” is defined as all times when builders, contractors, work crews, or other persons associated with the project are present on the property and engaged in any Class B noise activities related to or including construction.

CMC 8.56 defines Class B noise as “noise created or generated within or adjacent to residential property which is necessary and normally associated with property maintenance and construction. Class B noise includes, but is not limited to, noise created by power equipment and tools, appliances, workshops, vehicle repairs, and testing and construction projects.” CMC 8.56.040 states, “It shall be unlawful to create and emit Class B noise as defined in this chapter between the hours of 6:30 p.m. of one day and 8:00 a.m. of the following day.” Adherence to all applicable General Plan policies and regulations of the Carmel Municipal Code will ensure that the project will have a less-than-significant impact from temporary noise increases during construction.

Air Quality. The City of Carmel-by-the-Sea is located in the North Central Coast Air Basin, which is under the jurisdiction of the Monterey Bay Air Resources District (MBARD). The District has regulatory authority over stationary sources of air emissions, monitoring air quality within the air basin, providing guidelines for analysis of air quality impacts pursuant to CEQA, and preparing an air quality management plan to maintain or improve air quality in the air basin. The District has developed thresholds of significance for criteria air pollutants, which can be found in the District’s CEQA Air Quality Guidelines (2008). Emissions from construction activities represent temporary impacts that are typically short in duration. Per the Monterey Bay Air Resources District CEQA Air Quality Guidelines (https://www.mbard.org/ceqa), construction emissions could potentially impact local air quality if grading and excavation activities disturb more than 2.2 acres per day. Projects above this threshold may have a significant impact on air quality. The project site is less than 1 acre and has been disturbed by previous grading activities. The project is below the 2.2 acres of grading per day threshold and would not result in a significant impact on air quality.

A standard city requirement for all construction projects is the submission of a hazardous materials waste survey in conformance with the Monterey Bay Air Resources District. The identification of hazardous substances such as lead or asbestos is subject to State regulations for handling and disposal during construction.

Asbestos: The District is also responsible for regulating uncontrolled emissions of asbestos through implementation and enforcement of the federal National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Asbestos and MBARD Rule 424. Prior to commencing any activity, a thirdparty California Certified Asbestos Consultant (CAC) is required to complete a thorough inspection for the presence, quantity and categories of asbestos-containing material (ACM). An asbestos survey is required for all renovations or demolitions prior to start of work. A survey is required regardless of the age of the building. The NESHAP requires that regulated asbestos-containing materials be removed under controlled conditions prior to demolitions or renovations so that asbestos fibers are not released into the air. Cal-OSHA requires that employees be trained before removing asbestos-containing materials. Contractors with specialized asbestos training and who are registered with Cal-OSHA must be utilized for asbestos removal projects. Contractors without special asbestos training must ensure that the job site is free of asbestos-containing materials before starting renovation or demolition work. The NESHAP requires that asbestos-containing waste materials be sealed in leak-tight, properly labeled containers and disposed of only at approved sites.

Further, the applicant reached out to MBARD for a statement on potential health impacts from the project, and MBARD confirmed there should be no adverse impact on public health if MBARD’s MESHP and Rule 424 and 439 requirements are satisfied (Attachment 9). The project will have a less-than-significant impact on air quality from construction emissions.

Water Quality. All projects within the City are required to comply with Carmel Municipal Code Chapter

17.43 (Water Quality Protection Ordinance), which protects and enhances the coastal waters in accordance with policies in the City’s Local Coastal Plan, the California Coastal Act, and the City’s National Pollutant Discharge Elimination System (NPDES) Phase II Permit requirements. At the construction phase of development, Section 17.43.030 requires an erosion and drainage control plan to be prepared and submitted. The plan includes site-specific erosion control measures, including controls on grading, best management practices (BMPs) for staging, storage, and disposal of construction materials, design specification of sedimentation basins, and landscaping/revegetation of graded or disturbed areas. The project will comply with Carmel Municipal Code Chapter 17.43 and all BMPs (Attachment 10) and will have a less-than-significant impact on water quality.
(e) The site can be adequately served by all required utilities and public services.

Staff Response: The project site is in a heavily developed urban area currently served by all required public utilities and services.

The Project’s Proposed Conversion of the Donna Hofsas House also falls under the Class 3 and Class 31 Categorical Exemptions in CEQA Guidelines Section 15303 for the Conversion of Existing Small Structures and Section 15331 for the Preservation of Historical Resources.

Class 3 consists of the conversion of existing small structures from one use to another, where only minor modifications are made to the exterior of the structure. Donna Hofsas House is proposed to be converted from a single-family residence to a two-family residence with accessory ‘guest only’ hotel uses, including a gym/fitness center and business center. No exterior modifications to the structure are proposed.

Class 31 consists of projects limited to rehabilitation, restoration, preservation, or conservation of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Donna Hofsas House is proposed to be rehabilitated and preserved. At this time, only interior remodeling is proposed and interior modifications are not subject to the Secretary of the Interior’s Standards.

None of the Exceptions to the Exemptions Apply.

The following is a list of exceptions to categorical exemptions. If any of these exceptions apply, a project cannot be found categorically exempt from CEQA. As demonstrated below, none of the exceptions apply to this project.

Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

Staff Response: As discussed above, the categorical exemptions applicable to the project include Class 2 (Replacement or Reconstruction), Class 3 (New Construction or Conversion of Small Structures), Class 31 (Historical Resource Restoration/Rehabilitation), and Class 32 (Infill Development Projects). This exception does not apply to categorical exemptions under classes 2, 31, and 32. The Class 3 exemption is limited to the repurposing of the historic Donna Hofsas House from a single-family residence to two apartments and accessory hotel uses, including a gym/fitness center and business center. No exterior modifications are proposed for Donna Hofsas House and the structure and its vicinity are not located in an area that has been designated, precisely mapped, or officially adopted by federal, state or local agencies as an environmental resource of hazardous or critical concern. This exception does not apply to the project.

Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant.

Staff Response: There is only one project: the demolition of a 38-room hotel, the construction of a new hotel with the same number of rooms, and the conversion of an existing single-family dwelling into two apartments and accessory hotel uses. No successive hotel replacement/reconstruction projects are proposed, so this exception does not apply.

Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

Staff Response: The project includes the replacement of an existing 38-room hotel with a new 38-room hotel. The project site has a General Plan land use of Commercial/Residential and is located in the Residential & Limited Commercial (RC) District, which specifically identifies hotels/motels as an appropriate transitional use from the commercial core to the single-family residential area. Many hotels are located in the RC district and in fact two hotels abut the project site, one to the south and the other to the west. It is not unusual that a hotel would be located in the RC District. The established general plan land use designation and the zoning designation both place the RC District adjacent to the Single-Family Residential (R-1) District. Hotels are considered a transient residential use and are appropriate near single family residences. Further, the Carmel Municipal Code recognizes existing hotels in the R-1 District, allowing them to be reconstructed further demonstrating that the adjacency of hotels to residences is not unusual. This exception does not apply to the project.

Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

Staff Response: The project site is bound by the intersection of San Carlos Street and Del Monte Avenue to the east and Dolores Street to the west. An unimproved portion of the 3 rd Avenue right-of-way is to the
north, and 4th Avenue is to the south, although the project does not abut 4 th Avenue. None of these
roadways are designated as state scenic highways. This exception does not apply.

Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

Staff Response: Government Code Section 65962.5 requires the Department of Toxic Substances Control to submit a list of (1) All hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code. (2) All land designated as hazardous waste property or border zone property pursuant to former Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety Code. (3) All information received by the Department of Toxic Substances Control pursuant to Section 25242 of the Health and Safety Code on hazardous waste disposals on public land. (4) All sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.

On June 21, 2024, City staff reviewed the California Environmental Protection Agency Cortese List of Data Sources (https://calepa.ca.gov/sitecleanup/corteselist/) and confirmed that the project site is not on any of the following lists:

Hazardous Waste and Substances Site List (https://www.envirostor.dtsc.ca.gov/public/).

State Water Resources Control Board GeoTracker for leaking underground storage tanks (https://geotracker.waterboards.ca.gov/search).

State Water Resources Control Board list of solid waste disposal sites (https://calepa.ca.gov/wpcontent/uploads/sites/6/2016/10/SiteCleanup-CorteseList-CurrentList.pdf).

State Water Resources Control Board list of active discharge of waste or hazardous materials (https://calepa.ca.gov/wp-content/uploads/sites/6/2016/10/SiteCleanup-CorteseListCDOCAOList.xlsx).

Additionally, the project site has not been identified as a hazardous waste facility under Health and Safety Code Section 25187.5 (https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/).

This exception does not apply.

Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

Staff Response: On December 18, 2023, the Historic Resources Board reviewed a Phase 1 Intensive Report prepared by qualified professional Margaret “Meg” Clovis, along with five other professional opinions on the historic eligibility of the hotel (Attachments 11 and 12). The Board found that the Hofsas House Hotel does not meet the criteria for listing on the California Register or the Carmel Inventory of Historic Resources and issued a determination of ineligibility (Attachment 13). A 10-working day appeal period followed the Board’s decision during which time no appeals were filed. This Determination remains valid for five (5) years.

On December 18, 2023, the Historic Resources Board reviewed a Phase 1 Intensive Report prepared by qualified professional Margaret “Meg” Clovis on the historic eligibility of the single-family residence located on a portion of the hotel property fronting Dolores Street (Attachment 14). The Board found that the singlefamily residence, known as Donna Hofsas House, meets the criteria for listing on the Carmel Inventory of Historic Resources and added it to the historic inventory. A 10-working day appeal period followed the Board’s decision during which time no appeals were filed. The historic determination was filed with the Monterey County Clerk-Recorder on April 12, 2024.

No exterior modifications to the historic residence are proposed. Changes to the interior of the residence do not affect the significance of the historic resource. The residence will be preserved and protected during construction. The project will not cause a substantial adverse change in the significance of the historic Donna Hofsas House. This exception does not apply.

Additional Appeal Contentions
A1: The plan views are incomplete and fail to accurately portray the building as proposed. In this regard the height limits needs to be accurately assessed on this sloping site.

Staff Response: On December 13, 2023, the Planning Commission held a public hearing to consider a conceptual design of the Carmel Legacy Hotel. At that meeting, the Commission was asked for direction on how to measure the building height on a site where previous excavation of the site had significantly altered the natural grade. The Carmel Municipal Code anticipates this condition and allows for an average grade to be determined and utilized for the measurement of building height. The maximum permitted building height is 24 feet on sites which “face, abut, or adjoin any property in the R-1 District.” On sites disturbed from previous grading and excavation activities, an approximation of preexisting conditions may be used as a reference for determining average grade using grades on adjacent sites, retaining walls, and prior survey maps (refer to Sheet A-19 of the project plans). All such grade approximations shall require the concurrence of the Department and a determination that the resulting project complies with all requirements of the Zoning Ordinance, avoids large exposed cuts and unnatural topography and is consistent with R-1 design objectives. Average grade and associated building height measurements can be found on Sheets A-20 and A-21 of the project plans.

As outlined in the April 10, 2024, Planning Commission staff report (Attachment7), the Department concurred with the grade approximations proposed by the applicant. Following a comprehensive zoning analysis the Planning Commission found that the project complies with all requirements of the Zoning Ordinance. The project utilizes past excavation of the site to provide a design that is more harmonious with the topography and surrounding structures by stepping down the height of the building from east to west.

Last, the applicant provided a thorough analysis of how the project meets R-1 design objectives on Sheet A-19C of the project plans.

A2: The west side proposes an increase in glass compared to that existing with consequences for the neighbors from the increased reflective glare.

Staff Response: The project consists of multiple building forms that step down from east to west. Buildings 1-4 are proposed to be located on existing Lots 1 & 3, which total 8,000 square feet. Buildings 1 and 2, located adjacent to San Carlos Street and furthest from residences on Dolores Street, contain two hotel suites on each floor with west-facing sliding glass doors. The lower floor rooms are obscured by buildings 3 and 4, located west and downhill from buildings 1 and 2. The upper floor rooms are partially obscured by balcony railings.

Buildings 3 and 4, just to the west of Buildings 1 and 2 and adjacent to another hotel, the Carmel Country Inn, contain three hotel suites on the upper floor and six suites on the lower floor, each with west-facing sliding glass doors. The lower floor suites look at the roof of the Carmel Country Inn, while the upper floor suites are just above the Inn’s ridge. These sliding glass doors are also partially obscured by balcony railings. Additionally, the wall plane on the west elevation is articulated, creating approximately 5-foot offsets, which create breaks in the expanse of glass. Staff also notes that Buildings 3 and 4 are over 23 feet lower than the existing hotel building, and Buildings 1 and 2 are over 10 feet lower, making the project less visible from Dolores Street compared to existing conditions (refer to Sheet A-14 of the project plans). The City Council will have an opportunity to view the story poles from Dolores Street during the tour of inspection.

Building 5, on the south end of the site above the garage entrance on Dolores Street is the most visible west facing elevation. Articulation of the wall plane break up the massing of this portion of the building and balcony railings partially obscure the sliding glass doors. While the line of site is more visible, it is not unlike the west elevation of a typical single family home with west facing patio doors.

FISCAL IMPACT:

Staff time associated with processing this appeal is partially offset by fees collected from the appellant, with the remainder captured within the adopted FY 23-24 adopted budget for Community Planning and Building.

PRIOR CITY COUNCIL ACTION:

None
ATTACHMENTS:

Attachment 1) Resolution 2024-061
Attachment 2) PC Resolution 2024-026
Attachment 3) PC Resolution 2024-027
Attachment 4) Appeal (Redacted)
Attachment 5) EMC Planning Group Appeal Response
Attachment 6) Lombardo Letter dated 6-25-24
Attachment 7) April 10, 2024 PC Staff Report
Attachment 8) Hexagon Transportation Consultants
Attachment 9) MBARD Email
Attachment 10) BMP Plan Sheet
Attachment 11) Phase 1 Intensive Hotel Meg Clovis
Attachment 12) EMC Planning Group Professional Opinions Attachment 13) Final Determination Hotel
Attachment 14) Resolution Donna Hofsas House

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2024-061

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DENYING AN APPEAL BY NEAL KRUSE, DATED APRIL 24, 2024, DETERMINING THAT THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACTAND UPHOLDING THE PLANNING COMMISSION’S APRIL 10, 2024 APPROVAL OF A DESIGN REVIEW (DR 24059) AND ASSOCIATED COASTAL DEVELOPMENT PERMIT AND USE PERMIT (UP 24060) FOR THE CARMEL LEGACY HOTEL PROJECT WHICH ENTAILS THE DEMOLITION OF THE 38-ROOM HOFSAS HOUSE HOTEL AND CONSTRUCTION OF THE 38-ROOM CARMEL LEGACY HOTEL LOCATED ON SAN CARLOS STREET 2 NORTHWEST OF 4TH AVENUE (APN: 010-124-001-000 and 010-124-014- 000 )
WHEREAS, on March 12, 2024, Eric Miller Architects, Inc. (“Applicant”) submitted a Design Review application DR 24059 and UP 24060 (Hofsas House, Inc.) described herein as (“Application”) on behalf of Hofsas House, Inc. (“Owner”) for the Carmel Legacy Hotel, conversion of the historic Donna Hofsas House from a manager’s unit to two apartments, and the addition of accessory uses both within the hotel and the historic house; and WHEREAS, the Application is for two legal lots of record totaling 36,200 square feet located on San Carlos Street 2 northwest of 4th Avenue in the Residential and Limited Commercial (RC) District (Block 34, Lots 1, 3, 5, por. of 7, por. of 8, 9, 10, por. of 11, 12, 14); and WHEREAS, the Applicant is proposing to demolish the existing 38-room Hofsas House Hotel and construct a 38-room Carmel Legacy Hotel in its place, which would also entail the conversion of the historic Donna Hofsas House from a managers residential unit to two apartments, and establish hotel-related accessory uses for guest use only; and WHEREAS, in accordance with Carmel Municipal Code (CMC) Section 17.58.030 (Commercial Design Review), new construction, alterations, rebuilds, additions, and demolitions require approval of a Residential Track Two Design Study by the Planning Commission; and WHEREAS, in accordance with CMC 17.52.090 (Coastal Development Permit Required) a Coastal Development Permit is also required; and
WHEREAS, in accordance with CMC 17.14.030 (Land Use Regulations) a Use Permit is also required; and
WHEREAS, on January 26th and October 18th, 2023, the applicant and the hotel owner/operator hosted two meetings with the community, and on May 17th and May 25th, 2023, hosted two meetings with the Carmel Chamber of Commerce to present the project to the community and solicit feedback; and
WHEREAS, on February 2, 2023, the applicant submitted Conceptual Review application CR 23-097 (Hofsas House, Inc.) for the demolition of the Hofsas House Hotel and construction of a new hotel known as the Carmel Legacy Hotel; and
Attachment 1
Resolution 2024-061

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Carmel-by-the-Sea City CouncilJuly 9, 2024

Carmel-by-the-Sea City Council
July 9, 2024