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1 Your Name:

2 Address:
. Jlt4A>
....:S::..::L::.:' ----=-1?/t--. . 2() V
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P.O.Box 119 -- Ross. .fg/i
3 Phone Number:

(4llHl3-UA1
4 Fax Number:
( 415 )453-1781 W.flt,
5 E-mail Address:
6 Pro Se Plaintiff
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United States District Court
Northern District of California
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Jacqueline C. Simonelli
Plaintiff(s),
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15 City of Carmel-By-The-Sea, CA.
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Number:
COMPLAINT
16 DEMAND FOR JURY TRIAL
17 Yes fiJ No D
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Defendant(s).
21 l. Parties in this Complaint
22 a. Pin in tiff(s). Write your name, address, and plume number. {{there are mher
23 plaint(f{s, use more pages to include their names, addresses, and phone
24 Nnme: Jacque 1 in e C Simone 11 i
25 Address: P. 0, Box 119 - 18 Upper Ames Ave.
26 Ross, CaJjfornja 94957
27 Phone numbe1: ( 415) 453-17 81
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COMPLAINT
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b. Defendant(s). Write !he .full name and address of eve1)' defendant. fllhe is
2 a COJporalion, write the stme ll'here it is im ..'Ol]JOrated and 1he state where it has il.\' main place q.f
3 business. Usc more pages {(vcm m:ed to.
4 Defendant 1:
5 Name: City o Carmel-By-The-Sea, California
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Address: Carmel-By-The-Sea Ct ty Hall - P, 0, Box CC
7 Canmel-Br--The-Sea__Galifornja 9392L_
8 Defendant 2:
9 Name: _________________________________________ ___
10 Address:. __________________ _
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12 Defendant 3:
13 Name:
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14 Addl'ess:. ___________________ __
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16 Defendant 4:
17 Name:. _____________________________ _
18 Address:. ___________________ _
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20 2. Jurisdiction
21 Usually, only two (171es ofcase.'i can befiled in.federa/ c:ourt: cases involl'ing "federal
22 questions" und cases involving ''diwmiry " Check at least one box.
23 0
My case belongs in federal court under fcdcml question jurisdiction because it is
24 about federallaw(s) o right(s).
25 Whichluw(s)orrightMaminmlvcul'! U.S. Constitution - Clause
26 Takj ng of Properqr Without .lust Campen sa ti on - 5 thraugh Sec
D
. 'd I d I' ... I' . l of 1/th!Aml. 'ff
27 My case belongs 111 te era court tm er c 1vers1tv mnsc tenon lecause none of t1e p amt1 s
28 live in the same state as any of the defendants AND the amount of damages is more than $75,000.
COMPLAINT
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3. Venue
Th1:'i Court can hear cases Cllising out of Alameda, Contra Costct, Del Norte, Humboldt,
Lake, lvfarin, i\lfendocino, ,lfmtlcrey, Napa, San Benito, Santa Cl<tra, Santa Cm=, San Frcmcivco,
San Mateo, cmd Sm10ma cotmtie'i. This is the right courtlo.filc your lm.:.wit if 1) All dc!fendants
live in Cal(fomia AND at/east une oftlte defendams in this disTricT; OR 2) A substantial
part of liTe evems you are sui11g a bow happened in this districl; OR 3) A substantia/parr of t!le
propr."lty thar you are suing about is lucated in this district; OR 4) You are suing the U.S.
governmem or afederal agency or oj]Jciol in their official capacilies and you live intltis districl.
Erplain why this dislrict cour/ is the proper location 10 file your lawsuit.
Venue is appropriate in this Court because------------------
All Defendants live in California - Carmel-By-The-Sea is in-
corporated in Monterey County. The Property being sued about is
located in Carmel-By-The-Sea jn Monterey County
4. Jntradistrict Assignment
There are three divisions t?fthis Court: San Francisco/Oakland, San .Jose, and Enreka.
111e :sr.m Francisco/Oak!cmd division cm..::rs Alameda, ( 'omra Costa, Marin, Napa, San
Francisco, Scm Ala teo, and Sonoma counties. The San .Jose division covers i'vlomerey, San
Henito, Santa Clara, Sonia Ou: cmmlies. 1/te Eureka division Del Norte, Humhold1,
Lake, Mendocino counties, on(v (la/1 parties C01/<:entlo a magistrate judge. Erplain which
division your case should be assigned.
This Ia,,suit should be assigned to [Select one: Scm Francisco/Oakland, San Jose. OR
J.::ureka] Division of this Court because
San
Plaintiff resides in Marin County, California--a close connectio
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to Sanf'rancisco,
5. Statement of Facts and Claims
Wrile a short and simple description of rite facts ofyour case. Include WHERE and
WHEN !he eFeJIIs lwppenet/, IFJ-10 was inl'O!ved, WHAT role each defimdant played, and HOW
J'Oll were harmed. /(you A?/011' which laws or rigl11s the defendant violt1ted, yo11 wn ;nclurle them,
but you do no! need 1o make legal argmnenls. Put each.fcrct or claim imo t' separate, 1111mbered
COMPLAINT
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paragraph, starting with 5a, 5b, and so on. Attach additional sheets ofpaper as necessary. You
may attach documents that support your claims to the end qf this Complain/ as exhibits. Explain
what each exhibit is, when and how you got it, and how it supports your claims. All aching a
4 document to your Complaint does not necessarily mean that it will be accepted as evidence.
5 Attached is Statement of Facts and Claims Sa through
6 5h Cl page).
7 Attached Exhibit "City of Carmel-by the Sea" City Council
8 Meeting Minutes of February 5, the Applica
9 tjon of fDS-122 (7 pages) Received at Carmel City Hall,
IO March 19. 2013
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COMPLAINT
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STATEMENT OF FACTS & CLAIMS
Jacqueline C. Simonelli v. City of Carmel-By- The-Sea, California
Sa. The Carmel-By-The-Sea City Council's decided in a public hearing on February 5,
2013 to approve application #DS-122. Minutes ofFebruacy 5, 2013, Council Meeting
and Decision on application #DS-122 are also attached.
5b. In approving #DS-122- the City of Carmel-By-The-Sea ("City") through its agent-
the Carmel-By-The-Sea City Council- gave property value to a private party (Pot D'Oro
LLC)- a private real estate developer, a view of the ocean- it increased the value of the
developer's property, while at the same time, increasing the tax revenue to the City. This
substantially diminished the value of the Simonelli property because the two-story
building (with a second-story balcony for the purpose to get a view of the ocean) looms
over the Simonelli property and infringes Simonelli's right to privacy, and rights to solar
access, air and light.
5c. City also in approving #DS-122 violated its Code (CMC), City Guidelines and
Regulations which include Privacy, Solar Access, Light & Air, and Mass & Bulk.
5d. Therefore, City has committed a Taking through the Takings Clause under the 5TH
Amendment to the U.S. Constitution through Section 5 of the 14TH Amendment of the
U.S. Constitution.
5e. The Taking was for the Public Purpose of increasing City Property Tax Revenues.
5 City has not provided Jacqueline C. Simonelli just compensation for Simonelli's
substantial loss of property value.
5g. Thus, the City of Cannel-By-The-Sea, California, by not providing Jacqueline C.
Simonelli just compensation for Simonelli's substantial loss of property value violated
the Takings Clause of the 5TH Amendment of the U.S. Constitution through Section 5 of
the 14TH Amendment. The City committed a Taking Without just compensation.
5h. The court should review on Constitutional grounds a taking- simply put the City
favored one private owner (the real estate developer) over another (e.g. Simonelli)-
under the guise of a "public interest." In other words, the City assigned a Taking Without
Just Compensation.
END.
JACQUELINE C. SIMONELLI v. CITY OF CARMEL-BY-THE-SEA, CALIFORNIA
STATEMENT OF FACTS & CLAIMS
WEDNESDAY MARCH 20, 2013
BY JACQUELINE C. SIMONELLI (PLAINTIFF, NON-ATTORNEY, PROSE) Page 1
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MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
February 5, 2013
I. CALL TO ORDER
The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, was
held on the above date at the stated hour of 4:33 p.m. Mayor Burnett called the meeting
to order.
IT. ROLL CALL
PRESENT: Council Members Talmage, Theis & Mayor Burnett
(Council Member Beach arrived at 4:37p.m. and
Council Member Hillyttrd arrived at 4:54p.m.)
ABSENT: None
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch. Assistant City Administrator/City Clerk
Mike Calhoun, Public Safety Director
Marc Wiener, Associate Planner
III. PLEDGE OF ALLEGIANCE
Mayor Burnett led the Council and audience in the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS
A. Employee Recognition: Estl1er Pattido, Police Services Officer.
City Administrator Stilwell and Public Safety Director Calhoun gave the recognition.
B. Community Recognition: Friends of Carmel Forest
Mayor Burnet! presented a certificate recognizing the Friends of Carmel Forest.
Mayor Burnett asked to pull Item G.
Council Member Talmage asked to pull Item F.
Mayor Burnett opened .and closed the meeting to public comment at 5:35 p.m.
Council Member r ALMAGE moved to approve Consent Agenda Items A-E. seconded by
Council Member- HILLYARD and canied unanimously.
F. Consideration of a Resolution authmizing the City Administrator to enter into an
agreement with Carver & Schicketanz Architects to prepare drawings for the Beach
Restrooms project and direct staff to seek alternative funding sources for the
construction documents and construction ofthe facility.
Mayor Burnett opened the meeting to public comment at 5:39 p.m.
Barbara Livingston and Cindy Lloyd addressed Council.
Mayor Burnett opened and closed the meeting to public comment at 5:41p.m.
Council Member TALMAGE moved to appaove Consent Agenda Item F, as amended, to
draw funds from Measure D {rather than Capital Reserves), seconded by Council Member
THEIS and carried unanimously.
G. Review and adopt the Community Planning and Building Director job description and
salary range.
Mayor Burnett opened the meeting to public comment at 5:54p.m.
Barbara Livingston addressed Council.
Mayor Burnett closed the meeting to public comment at 5:56 p.m.
Amendments were made by staff to be brought back later in the meeting.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at 5:10p.m.
Alan Richmond.l Executive Director of Dance Kids Monterey County, submitted a
proposal for the use of the Scout House.
Barbara requested that advertising for the Flanders Mansion be placed in
Preservation Magazine and invited the community to the Cannel Residents Association
event on February 24, honoring Roberta and Monte Miller as Citizens of the Year.
Jim Griffith of the 9/11 Memorial Committee submitted a request regarding the placement
of the Memorial in Devendorf Park.
CaiTieAnne also addressed Council regarding the placement of the Memorial.
Hector Azpilcueta, a union representative of Unite HERE Local 483, spoke about the
rehiring of LaPlaya Hotel workers.
Carolyn Hardy spoke about legal correspondence regarding her comments about an event
hosted by a local restaurateur.
Stacy Meheen, speaking for the Cannel Chamber of Commerce, noted a Valentine's Day
event, the shuttles running from Carmel Plaza to the AT&T Golftournament, and some
upcoming international trips sponsored by the Chamber.
Mayor Burnett closed the meeting to public comments at 5:30 p.m.
City Administrator StilweH and City Attorney Freeman addressed the issues of the Scout
House use proposal and the civil matter.
VII. CONSENT CALENDAR
A. Ratify the minutes tor the regular meeting of January 8, 2013.
B. Ratify the bills paid for the month of January 2013.
C. Receive Monthly Fire and Ambulance reports.
D. Receive Council agenda forecast.
E. Consideration of a Resolution approving an additional allocation of$ 1 6,015 for
professional services and project studies related to the Monterey Peninsula Regional
Water Authority.
F. Consideration of a Resolution authmizing the City Administrator to enter into an
agreement with Carver & Schicketanz Architects to prepare drawings for the Beach
Restrooms project and direct staff to seek alternative funding sources for the
construction documents and construction of the facility.
G. Review and adopt the Community Planning and Building Director job description and
salary range.
VJII. ORDERS OF COUNCIL
A. Update on the Water Replacement Project.
Mayor Burnett presented the status rep01t.
Mayor Burnett opened the meeting to public comment at 6:44 p.m.
Jim Emery addressed Council.
Mayor Burnett closed the meeting to public comment at 6:46p.m.
Council took a break at 6:47p.m. and reconvened at 6:57p.m. and continued with
discussion of Consent Item VII-G.
VII. CONSENT CALENDAR
G. Review and adopt the Community Planning and Building Director job description and
salary range.
Mayor Burnett opened the meeting to public comment at 7:02 p.m.
Monte Miller addressed Council.
Mayor Burnett closed the meeting to public comment at 7:03 p.m.
Council Member TALMAGE moved to approve the job description, as amended, and to
establish the salary range as specified in the staff report, seconded by Council Member
BEACH and carried unanimously.
B. Consideration of a Resolution updating financial policies and set a maximum level for
each of the reserve funds.
City Administrator Stilwell presented the report.
Mayor Burnett opened and closed the meeting to public comment at 7:39p.m.
Council Member THEIS moved to approve the Capital Policy, as amended, seconded by
Council Member HILLYARD, and carried by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
BEACH; HILLYARD; TALMAGE;
THEIS & BURNETT
NONE
NONE
NONE
D. Consideration of an appeal ofthe Planning Commission's decision to approve
Design Study (concept and final) and Coastal Development Permit applications for
the construction of a new residence located on Lincoln Street 2 NW of Fifth
Avenue. owner is Dennis Levett. The appellant is Jacqueline
Simoneiii.
Mayor Burnett. Council Member Talmage, and Council Member Theis each had conflicts as they
live or work within a 500-foot radius of the appeal site. In order to have a guorum to hear the
appeaL a random drawing was held on Monday, February 4, immediately prior to the Tour of
Inspection, to determine which one ofthem would be included in the consideration of the appeal.
CoWicil Member Theis was selected.
Mayor Burnett and Council Member Talmage recused themselves and left the Council Chambers.
Council Member Hillyard presided over this item.
Associate Planner Marc Wiener presented the staff report.
The appellant, Jacqueline Simonelli, and her son, Antonio, acting as her attorney,
addressed Council.
Chris Tescher, developer ofthe home being appealed, addressed Council.
Council Member Hillyard opened and closed the meeting to public comment at 9:24p.m.
Antonio Simonelli provided follow-up comments.
Council Member Hillyard opened the meeting to public comment at 9:37 p.m.
Antonio Simonelli addressed the property screen.
Council Member Hillyard opened the meeting to public comment at 9:39 p.m.
Council Member THEIS moved to deny the appeal and uphold the decision of the Planning
Commission with Special Conditions 1-4, seconded by Council Member BEACH and carried
by the following roll calJ vote:
AYES:.
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
BEACH; HILLYARD & THEIS
NONE
NONE
TALMAGE & BURNETT
Findings will be brought back to the March 5, 2013 Council meeting.
Upon conclusion of this item, Mayor Burnett and Council Member Talmage re-entered the
Council Chambers.
IX. FUTURE COUNCIL AGENDA ITEMS
Items considered for future agendas included: the findings from the Simonelli appea1 (on
March 5), the 9/11 Memorial and performance measures.
Mayor Burnett opened and closed the meeting to public comment at 9:50 p.m.
X. ADJOURNMENT
Mayor.Bumett declared the meeting adjourned at 9:50p.m.
RespectfuUy submitted, ATTEST:
Heidi Burch, City Clerk MAYOR JASON BURNETT
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6. Demand for Relief
State what you want the Court to do for you. For example, depending on which claims
you raise, irmay be appropriate to ask the Court to award you money or order the defendanlto
do something or slop doing something. ({you are asking.for money, you can holt' much you
are asking for and why you should get that amount.
Money Damages over $75.000,00 from the City of Carmel-By-The-Sea,
CA for the Taking of Property Without Just Compensation.
7. Demand for Jury Trial
Checlc this bo.r: [{you want your c(lse 10 be decided hy a jury, instead of a judge.
18 [lJ Plaintiff demands a jury trial on all issues.
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20 All plaint[ffs nwst sign, date, and print their names at the end of the Complaint. Attach
21 another page ifyou need to.
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Respectfully submitted,
26 Date: 03/20/201.3
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COMPLAINT
Sign Name: (!'_ .rLWr.Jt.'
PrintName:l' Jacqueline C. Simonelli
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