CC 01-18-2022 Oral Communications_Written Communications (Updated)CC 01-18-2022
Oral
Communications
Written Comments
1
Melissa Robertson
From:Kendra Rosenberg <kendra@knrds.com>
Sent:Friday, January 7, 2022 10:40 AM
To:City Council; Debra Feng; Gian Martire
Subject:10490 San Felipe - Potential ADU in existing "crawl space"
Attachments:KNRDS_Council Letter_Cheung-Wang_2022 0107.pdf
Follow Up Flag:Follow up
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Dear Cupertino City Council,
We respectfully request that the following letter be read during the public comments segment of the upcoming January
13th City Council meeting. It should take 3 minutes. I will be in (virtual) attendance, and would be happy to read it
myself or have council read it on my behalf. Additionally, I would be happy to answer any questions from Council at that
time.
Please let me know if you need anything else (for example: floor plans, letters from the client, etc.).
Best,
Kendra Rosenberg
‐‐
Kendra Rosenberg
KNR Design Studio
kendra@knrds.com
650‐308‐8745
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ɦƛɶʙȇʄǥȟdžǥȟɶǥdžȟǥ˚ŽŏȟʄʙȟʙɶŏųȇƛɜȰʄƛȟʄǥŏȇɶɢʙŏɦƛǃȰȰʄŏdžƛʺǚƛɦƛʄǚƛɶƛǥȟɶʄŏȟŽƛɶȰŽŽʙɦֵɶȇŏȟƈŏȟƈǚȰʙɶǥȟdžǥȟ
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džȰŏȇȰǃʄǚǥɶɜɦȰǹƛŽʄŏɶʺƛȇȇֵ
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Ɣùǚƛƛȟƛɦdž˃ƛǃ˚ŽǥƛȟŽ˃ȰǃʄǚƛƈʺƛȇȇǥȟdžʺȰʙȇƈųƛɶǥdžȟǥ˚Žŏȟʄȇ˃ǥșɜɦȰʶƛƈ֯ŏɶŏƈǥɦƛŽʄɦƛɶʙȇʄȰǃųƛǥȟdžʺǥʄǚǥȟ
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ųƛƛȟʄȰȇƈų˃ŏd,ʄǚŏʄʄǚƛŽȰɶʄɶŏʶǥȟdžɶŽȰʙȇƈųƛ՟բ՝גՠբ՝ȁʶƛɦɶʙɶųʙǥȇƈǥȟdžŏȟƛʺƈƛʄŏŽǚƛƈɶʄɦʙŽʄʙɦƛֵ
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ʄǚƛ˃ʺȰʙȇƈǚŏʶƛɶǚȰɦʄƛɦƈʙɦŏʄǥȰȟɶȰǃŽȰȟɶʄɦʙŽʄǥȰȟʺǚƛȟŽȰșɜŏɦƛƈʄȰɶʄŏȟƈגŏȇȰȟƛ6Ĉɶֵ
ƔíʄɦʙŽʄʙɦŏȇȇ˃֯ǥʄǥɶșȰɦƛɶȰʙȟƈʄȰŏƈƈʺƛǥdžǚʄʄȰʄǚƛųȰʄʄȰșȰǃʄǚƛɶʄɦʙŽʄʙɦƛŏȟƈɦƛǥȟǃȰɦŽƛʄǚƛƛ˂ǥɶʄǥȟdž
ɶʄɦʙŽʄʙɦŏȇƛȇƛșƛȟʄɶƈʙɦǥȟdžʄǚƛɜɦȰǹƛŽʄ֯ɦŏʄǚƛɦʄǚŏȟʄȰŽɦƛŏʄƛșȰɦƛʺƛǥdžǚʄʄȰŏȟŏʄʄǥŽɶɜŏŽƛֵ
ĨƛʙȟƈƛɦɶʄŏȟƈʄǚŏʄŽǚŏȟdžǥȟdžʄǚƛ,ǥʄ˃םɶdžʙǥƈƛȇǥȟƛɶǃȰɦųʙǥȇƈǥȟdžȰʙʄʄǚƛɶƛŽɦŏʺȇɶɜŏŽƛɶșŏ˃ųƛŽŏʙɶƛǃȰɦŽȰȟŽƛɦȟʄȰ
ʄǚƛ,ȰʙȟŽǥȇ֯ŏȟƈʺƛɶʙɜɜȰɦʄʄǚƛŽȰȟʄǥȟʙƛƈɜɦȰǚǥųǥʄǥȰȟȰǃʄǚǥɦƈ˛ȰȰɦɶɶʄǥȇȇŏɜɜȇ˃ǥȟdžǥȟdžƛȟƛɦŏȇֵĨƛŏɦƛȰȟȇ˃ŏɶȁǥȟdž
ʄǚŏʄƛ˂ŽƛɜʄǥȰȟɶųƛșŏƈƛǥȟʄǚƛǥȟɶʄŏȟŽƛɶȰǃɜɦȰɜȰɶƛƈ6Ĉɶֵ
ĨƛɶǥȟŽƛɦƛȇ˃ŏɜɜɦƛŽǥŏʄƛ˃ȰʙɦʄǥșƛŏȟƈŽȰȟɶǥƈƛɦŏʄǥȰȟֵ
xǃ˃Ȱʙǚŏʶƛŏȟ˃ǃʙɦʄǚƛɦɢʙƛɶʄǥȰȟɶ֯ɜȇƛŏɶƛǃƛƛȇǃɦƛƛʄȰŽȰȟʄŏŽʄșƛֵ
íǥȟŽƛɦƛȇ˃֯
ƛȟƈɦŏäȰɶƛȟųƛɦdž
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ȁƛȟƈɦŏٗȁȟɦƈɶֵŽȰș
գբ՝גՠ՝եגեդաբ
1
Melissa Robertson
From:Douglas Pasos <dpasos@hotmail.com>
Sent:Tuesday, January 18, 2022 2:25 PM
To:City Clerk
Subject:FW:Northpoint Homeowners Association
Attachments:Back_20220116_220752.mp4; Back_20220116_185925.jpg; TimePhoto_20220116_151838.jpg;
TimePhoto_20211210_031753.jpg; master_20211028_85505_001.mp4; master_20211029_92657.mp4;
197901220_TimePhoto_20220116_152044_1210089.jpg; 1814572050_TimePhoto_20220116_000023_
707315.jpg; 1734595639_TimePhoto_20220115_175730_980757.jpg; 1776351795_TimePhoto_
20220115_235800_794887.jpg; 630550145_TimePhoto_20220115_220549_747448.jpg; -1193409483
_TimePhoto_20220115_175753_655565.jpg; 518204529_TimePhoto_20211210_031845_1325941.jpg;
199525067_TimePhoto_20211210_031833_1514828.jpg; 385824771_TimePhoto_20211108_145815_
958425.jpg; 882288433_TimePhoto_20211108_145804_922738.jpg; Northpoint CC&R's Architectural
Control 1 2.pdf
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‐‐‐‐‐‐‐‐ Original message ‐‐‐‐‐‐‐‐
From: Douglas Pasos <dpasos@hotmail.com>
Date: 1/18/22 2:21 PM (GMT‐08:00)
To: citycouncil@cupertino.org
Subject: Northpoint Homeowners Association
To whom it may concern,
My girlfriend (handicapped)lives at 10861 Northoak Square, Cupertino, CA 95014. The Northpoint board for decades for
the majority of the time don't enforce their own cc&r's for certain homeowners. I called, Cupertino Code
enforcement, Monica Diaz, about one month ago about my girlfriend's adjacent neighbor, 10853 Northoak Square. I
have also emailed her photos of his Christmas lights on his fence, which are still on all three sides of his fence. I have
emailed all nine board members and the previous and new management company. The president of the board, Ed Heim,
who has been on the board for over 40 + years and is currently the board president, likes to harass my disabled
girlfriend and myself. The reason the board retaliates against me is that I'm so frustrated with selective enforcement and
the hostile environment due to the board. For example, for years our jr Olympic pool is sabotaged. They lock the
bathrooms intentionally, which is in violation of the county health codes. For years, they have turned off the interior
pool lights at night. Hence, the swimmers are swimming in pitch black. So for years, I continue to call DEH, (county of
Santa Clara county, Department of environmental health). Finally, DEH, has being coming out to our pools and last week
told me they will be doing maximum enforcement with Northpoint HOA.
Another example, I had a mediation with the board, the new management company, Infinity management company
and the board's lawyer, Sharon Pratt. There were also two court mediators who work for Project Sentinel in Santa Clara,
CA. Everything the board, management and lawyer said were lies. They said that the management company purpose is
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not to enforce the cc&r's, city and county codes, etc..., including their lawyer. This is totally ridiculous. We're paying
over $130,000 per year for the new management company and one of their primary jobs is to enforce the
cc&r's, bylaws, Cupertino codes and county codes.
Since, August 2020, the same adjacent next door neighbor at 10853 Northoak Square, has been parking his car in the
main fire lane for the complex, like it's his own parking spot. Our parking rules, a subset of the cc&r's, say it's an
automatic tow. During the mediation last month, the board lied and said he was towed once and received 22 tickets.
That's impossible. He was never towed and it's impossible that he received 22 tickets. The reason being, since he moved
in August 2020, the maximum amount of citations he received from the security patrol, would have been 15 citations, a
maximum of 3 citations per quarter. Its irrelevant, he should have been towed immediately according to the
Northpoint's parking rules.
I emailed and called Jeff Trybus, Cupertino code enforcement about him parking in the main fire lane, along with videos
and photos. Jeff said he had no jurisdiction in our hoa, even though Jeff said it was a civil code violation. Next, I called
the Santa Clara county fire Marshal and they also came out and did not cite or talk with Mr. Gupta, regarding him
parking in the red main, 3 curbed fire lane, for over 1.5 years. That is a key fire lane and has access to the children's
playground, small park and tennis courts behind our two units. I showed surveillance photos of mr. Gupta parking in the
fire lane and the sheriff didn't do anything. The sheriff said to call them out when he is parking there, however, by the
time the sheriff came out, he moved his car.
Right around the mediation we suddenly had a leak coming from the outside sprinklers and the water was leaking into
the storm drain. Once again, I reported the leak to all the board members and the new management company. For two
weeks after my emails without any replies, I called, Manny Barragan, Cupertino water investigator. Manny was furious
with the board and management company for not shutting off the water leaking from the outside sprinklers into the
storm drain. After a couple of weeks, Manny summoned, Bryan who is the manager of infinity management for this
complex. I was there with Manny and Bryan. Manny told Bryan to shut off the leaking sprinkler or Northpoint would be
fined. Finally, only because of the help from Manny, the management company forced the landscaping
company, Medallion, to shut off the leaking sprinkler, otherwise, knowing the vindicative board the leak would still be
going on!
Another serious problem, the adjacent neighbor, Mr. Gupta, replaced his outside, white round frosted light fixture with
a clear light fixture and a very bright light bulb over this holiday weekend. We can see his bright light in the upstairs
sleeping bedroom, throughout the downstairs, kitchen and living room and the back patio. We can also see his bright,
non compliant light, hundreds of feet away from his unit. The light is a serious light nuisance and is an invasion of
privacy. The original, round white, thick frosted lights are used to stop the light radiating into my girlfriend's unit and
other units. So, his new clear light fixture and very bright bulb, intensifies the light. I will attach videos, photos and the
section V of the cc&r's, relating to light fixtures and Christmas lights on fences. The videos and photos will show mr.
Gupta parking in the fire lane, the Christmas lights which are still all over the back fence and the new bright non
compliant light fixture along with the very bright light. For two days this weekend, Mr. Gupta had the light on, day and
night, which intrudes the bedroom where my girlfriend sleeps.
A few weeks ago I copied one page from our cc&r's, relating to lights on fences and outside light fixtures, i.e. section V. I
had my girlfriend, Karen Jacobson, who owns the townhouse at 10861 Northoak Square, bring the copy of Section V of
our cc&r's and put it on Mr. Gupta's side garage door. Karen said mr Gupta, was furious and ripped it off the side
garage door and crumpled it in his hands. I also went to his adjacent townhouse and asked him nicely to take down the
lights on the top of all three sides of his fence. He told me to leave and he said he was going to call our the sheriff! He
didn't and made up some lies to the previous manager and management company, regius management's owner, Zayra
Yves. Zayra Yves, made up some more lies and nothing was done. My girlfriend had a similar experience years ago with
the same unit with different owners, Mr and Mrs Gao. For over six years, the fence at 10853 Northoak Square had their
back patio fence heightened over two feet, all across their back fence. Their corner unit is offset approximately 8 feet,
set back from Karen's unit. As a result, for over six years, karen and her mother could not see the children's
playground, park and the trees from her downstairs unit. We hired my previous HOA attorney, Laurence Steffan, from
Fong and Fong law firm in Alameda, CA. We paid $1,000 for Laurence to send two demand letters to their lawyers,
Berding and Weil, Regius Management and all board members. Laurence also became frustrated with the board. Finally,
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a lawyer from Berding and Weil law firm, wrote a letter to Laurence Steffan, stating the lawyers could have a mediation
for $3,500. The problem was that Karen was taking care of her mother and paying 24 hour caregivers and ran out of
money.
After that, i contacted Phillip Willkomm, Cupertino building code enforcement. With his help after appapproximately
nine months, Phillip was able to force the board and mananagement to take down the illegally heightened fence. Phillip
told me it was hard for him and the city of Cupertino to push the board and property manager, Zayra yves, to finally
remove the heightened fence!
Unfortunately, my lawyer, Laurence Steffan, is now retired. Even so, if were not retired the board like to drag out
lawsuits for years to outspend and wear down the homeowners. The board loves to drag out lawsuits for years, since
it's not their money, it's the homeowners money!
An example how serious this problem is regarding lawyers and lawsuits. Many officials with the City of Cupertino are
familiar with the David Critzer lawsuits. I knew David critzer fairly well. The board allowed one of their puppets, Jerry
Enos to illegally install a window in his upstairs bathroom which looked into his living room and kitchen. The lawsuit
began around 2005 and the board drug it out in the courts, for over six years. David spent approximately $800,000 of his
own money. When it came time to select a jury for the trial, the board settled with the Critzers for $125,000. So, David
was out $675,000. The board never replaced Jerry Enos window and only heightened the gate for the critzer's. With so
much of their money drained because of that lawsuit, along with stress, David and his wife Margaret divorced. David
moved out and bought a single family home in mountain view and his ex wife lives in the townhouse in Northpoint. In
2007, I had a lawsuit in Santa Clara superior court and the board drug my lawsuit for over two years and Laurence
steffan and i won the case against the board. D. Pasos vs Northpoint hoa. Now that Laurence steffan is fully retired and
it is extremely hard to find an attorney like him. Most attorneys are on the side of the HOA's, not for homeowners!
In conclusion, I am asking for someone in the city of Cupertino to intervene with Mr Gupta and his wife FNU Sakshi.
Karen and i don't have hundreds of thousands of dollars to burn off for a new hoa attorney. If possible I would like to
bring up these matters tonight during the online city council meeting tonight or talk with the mayor and or the city
attorney. I also have many years of videos, photos, documents that can prove just how serious problems are with the
Northpoint board members.
Thank You,
Karen Jacobson and Douglas Pasos
10861 Northoak Square, Cupertino
4082348918: my cell phone
CC 01-18-2022
#9
Attachment C - OE3 Side
Letter Agreement
Desk Item