The Carmel-by-the-Sea WATCHDOG!: October 2020

Wednesday, October 28, 2020

CITY COUNCIL AGENDA SPECIAL MEETING, November 2, 2020

https://drive.google.com/file/d/1EXD8C5Bi6Q9h4uQbklXAf9dgoXxfgE_E/view?usp=sharing

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

CITY COUNCIL SPECIAL MEETING

Monday, November 2, 2020

4:30 PM

TEN NOTEWORTHY CITY COUNCIL REGULAR MEETING AGENDA ITEMS, November 3, 2020

ABSTRACT: Ten Noteworthy City Council Regular Meeting Agenda Items, November 3, 2020, including PUBLIC APPEARANCES, ANNOUNCEMENTS; CONSENT AGENDA including October 5, 2020 Special Meeting Minutes, October 6, 2020 Meeting Minutes, and October 22, 2020 Special Meeting Minutes, Monthly Reports for September: 1) City Administrator Contract Log; 2) Community Planning and Building Department Reports; 3) Police, Fire, and Ambulance Reports; 4) Public Records Act Requests, and 5) Public Works Department Report, September 2020 Check Register Summary, Resolution 2020-073 authorizing and approving the City of Carmel-by-the-Sea current pay rates and ranges for At-Will classifications salary plan in accordance with Municipal Code 2.52.520 effective November 1, 2020 and Resolution 2020-075 authorizing the City Administrator to execute Amendment No. 1 to the Measure X Pavement Management Programs Funding Agreement with the Transportation Agency for Monterey County; ORDERS OF BUSINESS including Hold the Public Meeting to receive testimony on the proposed renewal of the Carmel Hospitality Improvement District and the levying of assessments, Resolution 2020-077 authorizing the Mayor to execute a fourth amendment to the City Administrator At-Will Employment Agreement effective November 1, 2020 and Resolution 2020-078 accepting tree mitigation and donation from Laura Overett and approving a budget amendment to the Fiscal Year 2020/21 Adopted Budget for the North Dunes Habitat Restoration Project. The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA REGULAR MEETING Tuesday, November 3, 2020 and Staff Report documents copies are embedded.

https://drive.google.com/file/d/11ITpLVu4Gs6MZn6IsZLYGYG1R6ikkjOn/view?usp=sharing

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA

REGULAR MEETING
Tuesday, November 3, 2020

Governor Newsom’s Executive Order N-29-20 has allowed local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Also, see the Order by the Monterey County Public Health Officer issued March 17, 2020. The health and well-being of our residents is the top priority for the City of Carmel-by-the-Sea. To that end, this meeting will be held via teleconference and web-streamed on the City’s website ONLY.

To attend via Teleconference; Dial in number 1-929-256-1391 PIN: 810 427 337#

The public can also email comments to cityclerk@ci.carmel.ca.us. Comments must be received 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 added to the agenda and made part of the record.

OPEN SESSION 4:30 PM

CALL TO ORDER AND ROLL CALL
Mayor Dave Potter, Council Members Jeff Baron, Jan Reimers, Bobby Richards, and Carrie Theis

PUBLIC APPEARANCES
Members of the Public are invited to speak on any item that does not appear on the Agenda and that is within the subject matter jurisdiction of the City Council. The exception is a Closed Session agenda, where speakers may address the Council on those items before the Closed Session begins. Speakers are usually given three (3) minutes to speak on any item; the time limit is in the discretion of the Chair of the meeting and may be limited when appropriate. Applicants and appellants in land use matters are usually given more time to speak. If an individual wishes to submit written information, he or she may give it to the City Clerk. Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.

ANNOUNCEMENTS
A. City Administrator Announcements
B. City Attorney Announcements
C. Councilmember Announcements

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. October 5, 2020 Special Meeting Minutes, October 6, 2020 Meeting Minutes, and October 22, 2020 Special Meeting Minutes https://drive.google.com/file/d/1GjZKrlO_n8XfhVymksKAIon9zpQEZ72L/view?usp=sharing

October 5, 2020 Special Meeting Minutes, October 6, 2020 Meeting Minutes, and October 22, 2020 Special Meeting Minutes 2. Monthly Reports for September: 1) City Administrator Contract Log; 2) Community Planning and Building Department Reports; 3) Police, Fire, and Ambulance Reports; 4) Public Records Act Requests, and 5) Public Works Department Report

https://drive.google.com/file/d/1p0fHgtZ5jD5clstHo9VvRKYBth9jWrfK/view?usp=sharing

Monthly Reports for September: 1) City Administrator Contract Log; 2) Community Planning and Building Department Reports; 3) Police, Fire, and Ambulance Reports; 4) Public Records Act Requests, and 5) Public Works Department Report 3. September 2020 Check Register Summary

https://drive.google.com/file/d/1PVMzQTYqYu4alhUeD1urBxrWHEcgqGZ0/view?usp=sharing

September 2020 Check Register Summary 4. Resolution 2020-073 authorizing and approving the City of Carmel-by-the-Sea current pay rates and ranges for At-Will classifications salary plan in accordance with Municipal Code 2.52.520 effective November 1, 2020

https://drive.google.com/file/d/1rssWZn1yoWGcqTSh36fLnoiUL5k-yb_Q/view?usp=sharing

Resolution 2020-073 authorizing and approving the City of Carmel-by-the-Sea current pay rates and ranges for At-Will classifications salary plan in accordance with Municipal Code 2.52.520 effective November 1, 2020 6. Resolution 2020-075 authorizing the City Administrator to execute Amendment No. 1 to the Measure X Pavement Management Programs Funding Agreement with the Transportation Agency for Monterey County

https://drive.google.com/file/d/1h81BPQ8jSeUmEltgL9boW6Pc2WeOC4wY/view?usp=sharing

Resolution 2020-075 authorizing the City Administrator to execute Amendment No. 1 to the Measure X Pavement Management Programs Funding Agreement with the Transportation Agency for Monterey County ORDERS OF BUSINESS Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action. 8. Hold the Public Meeting to receive testimony on the proposed renewal of the Carmel Hospitality Improvement District and the levying of assessments

https://drive.google.com/file/d/165rdBw_8mBCQ9O4zYdrLr2o3fyj2Lh0-/view?usp=sharing

Hold the Public Meeting to receive testimony on the proposed renewal of the Carmel Hospitality Improvement District and the levying of assessments 9. Resolution 2020-077 authorizing the Mayor to execute a fourth amendment to the City Administrator At-Will Employment Agreement effectiveNovember 1, 2020 https://drive.google.com/file/d/1AiDbabZfUGd6u_9etSO_YashwsFM105B/view?usp=sharing Resolution 2020-077 authorizing the Mayor to execute a fourth amendment to the City Administrator At-Will Employment Agreement effective November 1, 2020 10. Resolution 2020-078 accepting tree mitigation and donation from Laura Overett and approving a budget amendment to the Fiscal Year 2020/21 Adopted Budget for the North Dunes Habitat Restoration Project

https://drive.google.com/file/d/14uRvI8WPHhhYxZqNY1UqQz65Xg-qDkKA/view?usp=sharing

Resolution 2020-078 accepting tree mitigation and donation from Laura Overett and approving a budget amendment to the Fiscal Year 2020/21 Adopted Budget for the North Dunes Habitat Restoration Project

ADJOURNMENT

Sunday, October 25, 2020

INNS BY THE SEA v. CALIFORNIA MUTUAL INSURANCE COMPANY: THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY CASE NO. 20CV001274, Court of Appeal Case Sixth Appellate District H048443, Supreme Court Case S265034: REPORTER'S TRANSCRIPT OF PROCEEDINGS MONDAY, AUGUST 4, 2020 BEFORE THE HONORABLE LYDIA M. VILLARREAL, JUDGE & ORDER GRANTING DEFENDANT CALIFORNIA MUTUAL INSURANCE COMPANY'S DEMURRER TO PLAINTIFF'S COMPLAINT

ABSTRACT: RE: INNS BY THE SEA v. CALIFORNIA MUTUAL INSURANCE COMPANY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY CASE NO. 20CV001274 Court of Appeal Case: Sixth Appellate District H048443 Supreme Court Case: S265034 On August 6, 2020, Judge Lydia M. Villarreal, Judge of the Superior Court of Monterey, ordered “that the California Mutual's Demurrer to Plaintiffs entire Complaint is sustained without leave to amend on the grounds that the allegations fail to state facts sufficient to constitute a cause of action.” The REPORTER'S TRANSCRIPT OF PROCEEDINGS MONDAY, AUGUST 4, 2020 BEFORE THE HONORABLE LYDIA M. VILLARREAL, JUDGE and the ORDER GRANTING DEFENDANT CALIFORNIA MUTUAL INSURANCE COMPANY'S DEMURRER TO PLAINTIFF'S COMPLAINT documents copies are embedded. In the REPORTER'S TRANSCRIPT OF PROCEEDINGS, Judge Lydia M. Villarreal states, “It seems to me that the language of the policy supported the defendant's position that it talks about the business suspension must be caused by direct physical loss of or damage to property at the premises, and it seems that the cases for the most part are --seek to address some sort of physical destruction or physical change in usefulness, and I am not sure that COVID creates that physical change” and “the distinction in my mind is that when California shut down, when the Governor ordered us all to shelter in place and businesses to close, it wasn't necessarily because there was COVID at your hotels. It was because there was a fear that COVID might arrive at your hotels, and there was a fear by having people move around the state, that that would cause us all to infect each other. So even if we assume that COVID infects the air, which I get your point on that, I think the science supports you on that, but I guess the question I have is, was that the cause?”

https://drive.google.com/file/d/1FL78CSggXj20iUH33l7i_60eOK6cfV6m/view?usp=sharing

REPORTER'S TRANSCRIPT OF PROCEEDINGS MONDAY, AUGUST 4, 2020 BEFORE THE HONORABLE LYDIA M. VILLARREAL, JUDGE

https://drive.google.com/file/d/1weaaKwD8OlibrRZtGbKPz8vl5JdAfncr/view?usp=sharing

ORDER GRANTING DEFENDANT CALIFORNIA MUTUAL INSURANCE COMPANY'S DEMURRER TO PLAINTIFF'S COMPLAINT

REFERENCES:

State high court asked to rule on business interruption dispute
Daily Journal
October 21, 2020

Rulings in Business Interruption Litigation During the COVID-19 Pandemic
By David A. Pestell

Recent Rulings Expose Flaws in COVID-19 Business Interruption Claims
By Adam H. Fleischer and Matthew P. Fortin
September 3, 2020

Hotel group takes on insurance co. in fight over coronavirus coverage
By MARY SCHLEY
The Carmel Pine Cone
October 23, 2020
6A & 23A

INNS BY THE SEA v. CALIFORNIA MUTUAL INSURANCE COMPANY: THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY CASE NO. 20CV001, Court of Appeal Case Sixth Appellate District H048443, Supreme Court Case S265034: PETITION TO TRANSFER FROM THE CALIFORNIA COURT OF APPEAL SIXTH APPELLATE DISTRICT CASE NO. H048443 AFTER A DECISION BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY CASE NO. 20CV001274 THE HONORABLE LYDIA M. VILLARREAL, PRESIDING

ABSTRACT: On October 16, 2020, THE INNS BY THE SEA, Plaintiff and Appellant, filed a PETITION TO TRANSFER FROM THE CALIFORNIA COURT OF APPEAL SIXTH APPELLATE DISTRICT CASE NO. H048443 AFTER A DECISION BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY CASE NO. 20CV001274 THE HONORABLE LYDIA M. VILLARREAL, PRESIDING arguing that the case warrants transfer “Because the Case Presents an Urgent Matter of Public Concern for Small Businesses” and “Because It Presents a Pure Question of Law, the Resolution of Which Would Avoid Wasteful, Duplicative Litigation Below.” The PETITION TO TRANSFER FROM THE CALIFORNIA COURT OF APPEAL SIXTH APPELLATE DISTRICT CASE NO. H048443 AFTER A DECISION BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY CASE NO. 20CV001274 THE HONORABLE LYDIA M. VILLARREAL, PRESIDING document copy is embedded. Importantly, the issue: whether or not coronavirus amounts to “physical loss of or damage to property.”

https://drive.google.com/file/d/1rprZySx_DTQa3anjyvVVocT8MBmaE64p/view?usp=sharing

PETITION TO TRANSFER FROM THE CALIFORNIA COURT OF APPEAL SIXTH APPELLATE DISTRICT CASE NO. H048443 AFTER A DECISION BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY CASE NO. 20CV001274 THE HONORABLE LYDIA M. VILLARREAL, PRESIDING

REFERENCES:

State high court asked to rule on business interruption dispute
Daily Journal
October 21, 2020

Saturday, October 24, 2020

'Epidemiologists Stray From the Covid Herd' Great Barrington Declaration co-authors Martin Kuldorff and Jay Bhattacharya on the costs of lockdown, the science of immunity, and the politicization of the coronavirus pandemic: 'lockdowns as a form of contagion'

Dissenting scientists issue Covid-19 herd immunity declaration
October 5, 2020

OPINION

THE WEEKEND INTERVIEW

Epidemiologists Stray From the Covid Herd

Great Barrington Declaration co-authors Martin Kuldorff and Jay Bhattacharya on the costs of lockdown, the science of immunity, and the politicization of the coronavirus pandemic.
By Tunku Varadarajan
Oct. 23, 2020

Explaining the homogeneous diffusion of COVID-19 nonpharmaceutical interventions across heterogeneous countries
Abiel Sebhatua,b,1, Karl Wennberga,b,c, Stefan Arora-Jonssond,e, and Staffan I. Lindbergf 

a Institute for Analytical Sociology, Linköping University, SE-601 74 Norrköping, Sweden; b Stockholm School of Economics, SE-113 83 Stockholm, Sweden; c Ratio Institute, SE-113 59 Stockholm, Sweden; d Department of Business Studies, Uppsala University, SE-751 20 Uppsala, Sweden; e Institute of Management and Organization, Università della Svizzera Italiana, 6900 Lugano, Switzerland; and f V-Dem Institute, Department of Political Science, University of Gothenburg, SE-405 30 Gothenburg, Sweden

Edited by Arild Underdal, University of Oslo, Oslo, Norway, and approved July 16, 2020 (received for review May 27, 2020)

Friday, October 09, 2020

The Great Barrington Declaration: Goal: ‘minimize mortality and social harm until we reach herd immunity.’ ‘i.e. the point at which the rate of new infections is stable’

“…grave concerns about the damaging physical and mental health impacts of the prevailing COVID-19 policies, and recommend an approach we call Focused Protection.”

SOURCE: The Great Barrington Declaration
October 4, 2020

Reaching Immunity | A Private Summit of Epidemiologists Against Lockdowns

October 6, 2020

Saturday, October 03, 2020

MONTEREY COUNTY ELECTIONS: Candidate List, City of Carmel-By-The-Sea, Mayor & City of Carmel-By-The-Sea, Member, City Council

ELECTION INFORMATION
November 3, 2020 General Election
Tuesday, November 3, 2020

City of Carmel-By-The-Sea, Mayor
Vote for One

CANDIDATES
DAVE POTTER
Mayor of Carmel-by-the-Sea
View Candidate Statement 📄
Mailing Address: PO Box 4317, Carmel-by-the-Sea, CA 93921
Email: dave@davepotterformayor.com
Website: www.davepotterformayor.com

JUDY REFUERZO
Yoga Teacher
View Candidate Statement 📄
Mailing Address: PO Box 5041, Carmel By The Sea, CA 93921

City of Carmel-By-The-Sea, City Council Member
Vote for no more than two

CANDIDATES

KAREN FERLITO

Community Volunteer
View Candidate Statement 📄

Mailing Address: PO Box 625, Carmel, CA 93921
Daytime Phone: (831)626-8249
Email: ferlito@me.com

MO MASSOUDI
Agricultural Scientist
View Candidate Statement 📄
Email: moforcarmel@gmail.com
Website: moforcarmel.com

BOBBY RICHARDS
Incumbent
View Candidate Statement 📄
Mailing Address: PO Box 5402, Carmel, CA 93921
Daytime Phone: (831)975-1940
Email: brichards@cbts.us
Website: bobbyrichardscarmel.com

GRAEME A. ROBERTSON
View Candidate Statement 📄
Residential Address: 3024 Santa Lucia Ave, Carmel-by-the-Sea, CA 93923
Mailing Address: 3024 Santa Lucia Ave, Carmel-by-the-Sea, CA 93923
Daytime Phone: (831)594-4903
Email: carmelgraeme@aol.com

SOURCE: Candidate List
Monterey County Elections