simonelli plaintiff v. city of carmel defendant complaint case no. 3 13 cv 1250 lb filed 03-20-13

7/30/2019 Simonelli Plaintiff v. City of Carmel Defendant COMPLAINT CASE No. 3 13 Cv 1250 LB Filed 03-20-13

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0 ~p i < Q ~ i t l1 Your Name:2 Address:

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5 E-mail Address: _ _ _ . j w = a : . ! : : c : . : ! k : . . : : : i . = e . . : : : : s . = c . . : : : : a . = . . r ~ m - = e . = . l . ! : . @ . L . y a ~ h ~ o ~ o . : . . . = . . o ~ m ~ - - -6 Pro Se Plaintiff789

United States District CourtNorthern District ofCalifornia

IU111213

Jacque l ine C. Simone l l i

Plaintiff(s),14 vs.15 City of Carmel-By-The-Sea, CA.

c 13C ~ e Number:COMPLAINT

16 DEMAND FOR JURY TRIAL17 Yes fiJ No D181920

Defendant(s).

21 l. Parties in this Complaint22 a. Pinin tiff(s). Write your name, address, and plume number. {{there are mher23 plaint(f{s, use more pages to include their names, addresses, and phone u m b e n ~ .24 Nnme: Jacque 1 in e C Simone11 i25 Address: P. 0, Box 119 - 18 Upper Ames Ave.26 Ross , CaJ j fo rn ja 9495727 Phone numbe1: ( 415) 453-178128

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b. Defendant(s). Write !he .full name and address ofeve1)' defendant. fllhe d ~ f e n d a n t is2 a COJporalion, write the stme ll'here it is im . Ol]JOrated and 1he state where it has il.\' main place q.f3 business. Usc more pages {(vcm m:ed to.4 Defendant 1:5 Name: City o Carmel-By-The-Sea, C a l i f o r n i a6 Address: Carmel-By-The-Sea Ct ty Hal l - P, 0 , Box CC7 Canmel-Br--The-Sea__Galifornja 9392L_8 Defendant 2:9 Name: ____________________________________________

10 Address:.__________________I I12 Defendant 3:13 Name:-----------------------------14 Addl'ess:.___________________ _1516 Defendant 4:17 Name:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __18 Address:.___________________1920 2. Jurisdiction21 Usually, only two (171es ofcase.'i can befiled in.federa/ c:ourt: cases involl'ing "federal22 questions" und cases involving ''diwmiry ~ f ' c i i i = e n s h i p . " Check at least one box.23 0 My case belongs in federal court under fcdcml question jurisdiction because it is24 about federallaw(s) o right(s).25 Whichluw(s)orrightMaminmlvcul'! U.S. C o n s t i t u t i o n - ' f a k i l ! ! L ~ Clause26 T a k j ng of P r o p e r q r W i t h o u t . l u s t Campen sa t i on - 5 t h r a ugh SecD . 'd I d I' . . . I' . l of 1/th!Aml. 'ff27 My case belongs 111 te era court tm er c1vers1tv mnsc tenon lecause none of t1e p amt1 s28 live in the same state as any of the defendants AND the amount of damages is more than $75,000.

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3. VenueTh1:'i Court can hear cases Cllising out ofAlameda, Contra Costct, Del Norte, Humboldt,

Lake, lvfarin, i\lfendocino, ,lfmtlcrey, Napa, San Benito, Santa Cl


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paragraph, starting with 5a, 5b, and so on. Attach additional sheets ofpaper as necessary. Youmay attach documents that support your claims to the end qf his Complain/ as exhibits. Explainwhat each exhibit is, when and how you got it, andhow it supports your claims. Allaching a

4 document to your Complaint does not necessarily mean that it will be accepted as evidence.5 Attached i s Statement of Facts and Claims Sa through6 5h Cl page ) .7 A t t a c h e d Exhibit "Ci ty o f Carmel-by th e Sea" Ci ty Counci l8 Meet ing Minutes o f February 5, 2 0 1 3 ~ p r o v i n g th e App l i c a9 t jon o f fDS-122 (7 page s ) Rece ived at Carmel City Ha l l ,

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STATEMENT OF FACTS & CLAIMSJacqueline C. Simonelli v. City ofCarmel-By-The-Sea, CaliforniaSa. 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 Meetingand Decision on application #DS-122 are also attached.5b. In approving #DS-122- the City of Carmel-By-The-Sea ("City") through its agentthe Carmel-By-The-Sea City Council- gave property value to a private party (Pot D'OroLLC)- a private real estate developer, a view of the ocean- it increased the value of thedeveloper's property, while at the same time, increasing the tax revenue to the City. Thissubstantially diminished the value of the Simonelli property because the two-storybuilding (with a second-story balcony for the purpose to get a view of the ocean) loomsover the Simonelli property and infringes Simonelli's right to privacy, and rights to solaraccess, air and light.5c. City also in approving #DS-122 violated its Code (CMC), City Guidelines andRegulations which include Privacy, Solar Access, Light & Air, and Mass & Bulk.5d. Therefore, City has committed a Taking through the Takings Clause under the 5THAmendment to the U.S. Constitution through Section 5 of the 14TH Amendment of theU.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'ssubstantial 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 violatedthe Takings Clause of the 5TH Amendment of the U.S. Constitution through Section 5 ofthe 14TH Amendment. The City committed a Taking Without just compensation.5h. The court should review on Constitutional grounds a taking- simply put the Cityfavored 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 WithoutJust Compensation.END.JACQUELINE C. SIMONELLI v. CITY OF CARMEL-BY-THE-SEA, CALIFORNIASTATEMENT OF FACTS & CLAIMSWEDNESDAY MARCH 20, 2013BY JACQUELINE C. SIMONELLI (PLAINTIFF, NON-ATTORNEY, PROSE) Page 1

1


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MINUTESREGULAR CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEAFebruary 5, 2013

I. CALL TO ORDERThe regular meeting of the City Council of the City of Carmel-by-the-Sea, California, washeld on the above date at the stated hour of 4:33 p.m. Mayor Burnett called the meetingto order.

IT. ROLL CALLPRESENT: Council Members Talmage, Theis & Mayor Burnett

(Council Member Beach arrived at 4:37p.m. andCouncil Member Hillyttrd arrived at 4:54p.m.)

ABSENT: NoneSTAFF PRESENT: Jason Stilwell, City AdministratorHeidi Burch. Assistant City Administrator/City ClerkMike Calhoun, Public Safety DirectorMarc Wiener, Associate Planner

III. PLEDGE OF ALLEGIANCEMayor Burnett led the Council and audience in the Pledge of Allegiance.

IV. EXTRAORDINARY BUSINESSA. 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.


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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 rALMAGE moved to approve Consent Agenda Items A-E. seconded byCouncil Member- HILLYARD and canied unanimously.

F. Consideration of a Resolution authmizing the City Administrator to enter into anagreement with Carver & Schicketanz Architects to prepare drawings for the BeachRestrooms project and direct staff to seek alternative funding sources for theconstruction 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, todraw funds from Measure D {rather than Capital Reserves), seconded by Council MemberTHEIS and carried unanimously.

G. Review and adopt the Community Planning and Building Director job description andsalary 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.


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VI. PUBLIC APPEARANCESMayor Burnett opened the meeting to public comment at 5:10p.m.

Alan Richmond.l Executive Director ofDance Kids Monterey County, submitted aproposal for the use of the Scout House.Barbara i ~ i n g s t o n requested that advertising for the Flanders Mansion be placed inPreservation Magazine and invited the community to the Cannel Residents Associationevent 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 placementof the Memorial in Devendorf Park.CaiTieAnne also addressed Council regarding the placement of the Memorial.Hector Azpilcueta, a union representative ofUnite HERE Local 483, spoke about therehiring of LaPlaya Hotel workers.Carolyn Hardy spoke about legal correspondence regarding her comments about an eventhosted by a local restaurateur.Stacy Meheen, speaking for the Cannel Chamber ofCommerce, noted a Valentine's Dayevent, the shuttles running from Carmel Plaza to the AT&T Golftournament, and someupcoming 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 ScoutHouse use proposal and the civil matter.

VII. CONSENT CALENDARA. Ratify the minutes tor the regular meeting of January 8, 2013.B. Ratify the bills paid for the month ofJanuary 2013.C. Receive Monthly Fire and Ambulance reports.D. Receive Council agenda forecast.E. Consideration ofa Resolution approving an additional allocation of$ 16,015 forprofessional services and project studies related to the Monterey Peninsula RegionalWater Authority.F. Consideration of a Resolution authmizing the City Administrator to enter into anagreement with Carver & Schicketanz Architects to prepare drawings for the BeachRestrooms project and direct staff to seek alternative funding sources for theconstruction documents and construction of the facility.G. Review and adopt the Community Planning and Building Director job description andsalary range.


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VJII. ORDERS OF COUNCILA. 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 withdiscussion of Consent Item VII-G.

VII. CONSENT CALENDARG. Review and adopt the Community Planning and Building Director job description andsalary 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 toestablish the salary range as specified in the staff report, seconded by Council MemberBEACH and carried unanimously.

B. Consideration ofa Resolution updating financial policies and set a maximum level foreach 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 byCouncil Member HILLYARD, and carried by the following vote:

AYES:NOES:ABSENT:ABSTAIN:

COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:

BEACH; HILLYARD; TALMAGE;THEIS & BURNETTNONENONENONE


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D. Consideration of an appeal ofthe Planning Commission's decision to approveDesign Study (concept and final) and Coastal Development Permit applications forthe construction of a new residence located on Lincoln Street 2 NW of FifthAvenue. T h ~ p r o p e r t y owner is Dennis Levett. The appellant is JacquelineSimoneiii.Mayor Burnett. Council Member Talmage, and Council Member Theis each had conflicts as theylive or work within a 500-foot radius of the appeal site. In order to have a guorum to hear theappeaL a random drawing was held on Monday, February 4, immediately prior to the Tour ofInspection, 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 staffreport.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 PlanningCommission with Special Conditions 1-4, seconded by Council Member BEACH and carriedby the following roll calJ vote:

AYES:.NOES:ABSENT:ABSTAIN:

COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:

BEACH; HILLYARD & THEISNONENONETALMAGE & 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 theCouncil Chambers.


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IX. FUTURE COUNCIL AGENDA ITEMSItems considered for future agendas included: the findings from the Simonelli appea1 (onMarch 5), the 9/11 Memorial and performance measures.

Mayor Burnett opened and closed the meeting to public comment at 9:50 p.m.

X. ADJOURNMENTMayor.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 ReliefState 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 defendanltodo something or slop doing something. ({you are asking.for money, you can holt' much youare 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 TrialCheclc this bo.r: [{you want your c(lse 10 be decided hy a jury, instead ofa judge.

18 [lJ Plaintiff demands a jury trial on all issues.1920 All plaint[ffs nwst sign, date, and print their names at the end of he Complaint. Attach21 another page ifyou need to.22232425

Respectfully submitted,

26 Date: 03/20/201.32728

COMPLAINT

Sign Name: ~ a E . J : , ( e (!'_ .rLWr.Jt.'PrintName:l'Jacqueline C. Simonelli

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simonelli plaintiff v. city of carmel defendant complaint case no. 3 13 cv 1250 lb filed 03-20-13

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