2155 S. Bascom Ave. (97-20)
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MEMORANDUM
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
TO:
AId Irani, Project Planner DATE: 11/3/97
Michelle Quinney, City Engineer \N~ , /f./
Harold Housley, Land Development Engineer~
FROM:
RE:
APPLICATION NO:
ADDRESS:
APPLICANT:
PROJECT DESCRIPTION:
UP 97-68
2155 Bascom Avenue
The Church of Scientology
Church with Offices, Classrooms & Bookstore
DISCUSSION: It is understood that the application is for a Use Permit and the only proposed
improvements are for minor tenant improvements (no structural or architectural changes).
The site is fully developed with public improvements consisting of a 10' concrete sidewalk,
concrete driveway approach, two street trees with tree wells, and one older green steel street
light. Tree roots have damaged the sidewalk. Extensive landscape, including trees, exists
back of the sidewalk.
The site has an existing storm drain system. A storm drain area fee of $869 was paid to the
City in 1997 when a skateboard park was approved for the site.
Bascom Avenue is an Image Street and subject to Streetscape Standards (Boulevard Walk)
when there is sufficient nexus.
Based on the application being processed, the Public Works Department will not have any
Conditions of Approval.
H:\ WORD\LANDDEV\2155BASC(JD)
BY:
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PUBLIC WORKS DEPARTMENT
PRELIl\UNARY PROJECT EVALUATION FOR
CONDITIONS OF APPROVAL
APPLICATION NO: \)~-;;q-~ -~
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DATE: C"~. 2-~:.\ \~I
PRELIl\1INARY PROJECT EVALUATION
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Streets and Related Imnrovements:
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Park Impact Fees and Park Land Dedication:
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Reimbursements Owed to the City:
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DEVELOPMENT REVIEW COMMENT SHEET
Distribution:
Comments:
October 27, 1997
November 3, 1997
ROUTE TO:
Architectural or Landscape Advisor
X Fire Department
Police Department
Redevelopment Agency
X Engineering
X Traffic Engineering
Corporation Yard
X Building Division
PROJECT DESCRIPTION: Pre-application for a church use (Church of Scientology) with associated
administrative offices, counseling offices, classrooms and bookstore to occupy a 10,000 square foot tenant
space in an existing two-story office building, No structural or architectural modifications are proposed for
the building, The proposed hours of operation are Monday through Friday, 9 a,m, to 10 p,m, and Saturday
and Sunday from 9 a,m. to 6 p,m,
INFORMATION:
File No: UP 97-68
APN: 412-11-063
Applicant: The Church of Scientology (Geoffrey Gault, representative)
Project Address: 2155 S, Bascom Avenue
Zoning: C-2-S (office portion)/R-3-S (parking lot portion)
General Plan: Commercial (office portion)/High Density Residential (parking lot portion)
PROJECT PLANNER: Aki R, Irani
DEPARTMENTAL RECOMMENDATION:
If it can be determined that this project will require minimal or no comments by your department/agency,
please return this comment sheet with your initials to the Project Planner as soon as possible,
Status
Initial
No Comment
Additional informationlrevisions( see attached)
Draft conditions of approval attached
To:
Public Works Dept.
City of Campbell
October 27, 1997
From: Geoffrey Gault
Real Estate Broker
The William Jefferies Co.
Re: Pre-Application
Exterior shot of our current location
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Our reception
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Our Bookstore
Typical administrative offices
Courseroom I
Lounge
Courseroom 2
A typical counseling room
One of our anti-graffiti projects in Campbell
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Case Files
[Editor's Note: This is a complaint and unlike the other documents, not a court's decision. The
allegations in the complaint reflect the plaintiffs version of the case, As reported on the January
8th, 1998 broadcast of Public Eye With Bryant Gumbel, the Church of Scientology denies the
allegations in the complaint. The Church of Scientology has not yet filed its answer and its deadline
to do so has not yet expired, We will post the answer when it is available,]
COMPLAINT FOR WRONGFUL DEATH AND DEMAND FOR TRIAL BY-JURY
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT AND FOR
HILLSBOROUGH COUNTY. STATE OF FLORIDA GENERAL CIVIL DIVISION
Plaintiff DELL L1EBREICH, as Personal ESTATE OF L1.$A McPHERSON,
vs.
Defendant CHURCH OF SCIENTOLOGY d/b/a CHURCH OF SCIENTOLOGY, FLAG SERVICE
ORGANIZATION,INC,.
Body:
COMES NOW the Plaintiff, DELL L1EBREICH, as Personal Representative of the ESTATE OF
LISA McPHERSON. by and through her undersigned attorney and sues the Defendant, CHURCH
OF SCIENTOLOGY d/b/a CHURCH OF SCIENTOLOGY, FLAG SERVICE ORGANIZATION, INC"
and alleges:
This is an action for damages for wrongful death pursuant to Florida Statutes, section 7768,16, et
seq" known as "Florida Wrongful Death Act,"
At all times material herein, the Defendant, CHURCH OF SCIENTOLOGY d/b/a CHURCH OF
SCIENTOLOGY, FLAG SERVICE ORGANIZATION, INC. is a management church of the
collection of unincorporated organizations and a multitude of corporations within a nominal
corporate structure collectively known as the CHURCH OF SCIENTOLOGY, where each nominal
corporation or organization is the alter ego of the other, comprised of similar officers and directors
with disregard of corporate structure doing business under many names such as INTERNATIONAL
ASSOCIATION OF SCIENTOlOGISTS, CHURCH OF SPIRITUAL TECHNOLOGY, SEA ORG
and RELIGIOUS TECHNOLOGY CENTER, doing business throughout the state of Florida, with
offices located in Hillsborough County and Pinellas County, Florida, as well as throughout the world
under the above names and other names of which LISA McPHERSON was a member. The
Defendant, CHURCH OF SCIENTOLOGY d/b/a CHURCH OF SCIENTOLOGY. FLAG SERVICE
ORGANIZATION, INC" (hereinafter referred to as CHURCH OF SCIENTOLOGY), delivers the
highest level of Scientology services, training and auditing, including a technique known as
"Introspection Rundown",
On or about November 18, 1995, LISA McPHERSON was operating a motor vehicle in Clearwater,
Florida. and was involved in an extremely minor motor vehicle accident wherein she sustained no
injuries, However. upon exiting her motor vehicle, she requested help by stating to emergency
personnel, "I NEED HELP," I NEED TO TALK TO SOMEONE," with a fixed stare while exhibiting
unusual behavior indicating the need for emergency medical and psychological treatment.
On that date, LISA McPHERSON was transferred by ambulance to the Morton Plant Hospital
located in ClearNater, Florida, where she sought and received emergency medical and
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psychological treatment.
Shortly after arriving at Morton Plant Hospital, the CHURCH OF SCIENTOLOGY members
observed that LISA McPHERSON'S vehicle was involved in a motor vehicle accident.
Members of the CHURCH OF SCIENTOLOGY appeared at Morton Plant Hospital on November
18,1995 and convinced LISA McPHERSON to leave with them and return to the CHURCH OF
SCIENTOLOGY headquarters.
After repeated assurances by the members of the CHURCH OF SCIENTOLOGY that they would
provide 24..hour care to LISA McPHERSON, Morton Plant Hospital reluctantly and against their
own medical advice released LISA McPHERSON from Morton Plant Hospital. placing LISA
McPHERSON in the exclusive care, custody and control of the CHURCH OF SCIENTOLOGY,
Immediately after leaving Morton Plant Hospital, members of the CHURCH OF SCIENTOLOGY
transported LISA McPherson back to the Ft. Harrison Hotel. the spiritual headquarters of the
CHURCH OF SCIENTOLOGY in Clearwater, Pinellas County, Florida,
At the said headquarter facilities, the CHURCH OF SCIENTOLOGY, by and through their agents,
representatives, employees. and/or other members. systematically began a series of techniques in
following their own policies of THE CHURCH OF SCIENTOLOGY which included, but is not limited
to. the technique known as "Introspection Rundown". This involved in part the total isolation of LISA
McPHERSON in a room against her will. During her confinement, LISA McPHERSON slipped into
a coma, The care givers of the CHURCH OF SCIENTOLOGY permitted LISA McPHERSON to
remain in a coma for an extended period of time which resulted in severe dehydration and
ultimately her death, even though it was obvious that while in a coma she needed nutrition, liquids
and urgent medical care and treatment.
The above actions of the Defendants were carried out by medically untrained and unlicensed
personnel of the CHURCH OF SCIENTOLOGY pursuant to the CHURCH OF SCIENTOLOGY'S
own internal policies, procedures, and bulletins,
LISA McPHERSON remained in the exclusive care, custody and control of the CHURCH OF
SCIENTOLOGY from the moment she left the Morton Plant Hospital to the time she arrived at
Columbia/HCA New Port Richey Hospital on December 5,1995,
Prior to deciding to take LISA McPHERSON to a hospital while she remained in the defendant's
exclusive care, custody. and control, the members of the CHURCH OF SCIENTOLOGY willfully,
intentionally, maliciously and as a result of their members culpable negligence ignored her medical
condition which required urgent medical care,
On or about December 5. 1995. the CHURCH OF SCIENTOLOGY, after observing LISA
McPherson in an unconscious state and severely dehydrated for several days, decided for the first
time to seek professional medical help and rather return her to the nearest medical facility, Morton
Plant Hospital, drove her to a hospital some 20 miles away in their private van, rather than an
ambulance. where the emergency room physician, a fellow Scientologist, was located,
The above actions of the CHURCH OF SCIENTOLOGY lasted a total of 17 days which resulted in
the death upon arrival of LISA MCPHERSON on December 5, 1995, at Columbia/HCA New Port
Richey Hospital due to extreme bed rest and extreme dehydration,
The above actions of the CHURCH OF SCIENTOLOGY were the result of persisting in their
attempt to subdue the will of LISA McPHERSON so that she would succumb to the will of the
CHURCH OF SCIENTOLOGY,
The above actions of the CHURCH OF SCIENTOLOGY were the result of their premeditated
design to follow their techniques, bulletins, and procedures, which was performed willfully,
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intentionally, maliciously and in total disregard of the rights of LISA MCPHERSON in addition to
their culpable negligence and gross negligence in failing to obtain timely appropriate emergency
medical care through licensed medical providers,
WHEREFORE. the Plaintiff, DELL L1EBREICH, as Personal Representative of the ESTATE OF
LISA McPHERSON, demands judgment against the Defendant, CHURCH OF SCIENTOLOGY,
FLAG SERVICE ORGANIZATION, INC" inclusive of any and all other organizations operating
under the umbrella name of CHURCH OF SCIENTOLOGY, jointly and severally, together with
costs and other relief as the court may deem just in the premises and demands trial by jury,
Full Text Of Complaint: hltP1~.suR~rli!1~._netl~m-9.MJf~!lisU_.tx!
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Case Files
Case: United States District Court Southern District of New York 92 Civ. 3024 (PKL)
November, 1991.
Plaintiff: CHURCH OF SCIENTOLOGY INTERNATIONAL
vs.
Defendants: TIME WARNER, INC,. TIME INC, MAGAZINE COMPANY, and RICHARD BEHAR
LEISURE, District Judge
OPINION AND ORDER
Defendants moved for summary judgement in this libel action. which the Court granted in part and
denied in part. Defendants then moved for reargument and reconsideration, arguing that the Court
should have granted summary judgement in full because the sole remaining statement sued upon
in non-actionable based on the incremental harm doctrine, After reargument, and upon
reconsideration, for the reasons stated below, the Court grants summary judgement as to the sole
remaining statement in the case and dismisses the case in its entirety.
BACKGROUND:
On May 6.1991 Time magazine published a 10 page, 7500 word article entitled "Scientology: The
Cult of Greed" (the "Article"),
The Church of Scientology International ("CSI") filed a complaint for libel against defendants,
challenged as false and defamatory several statements from the Article, The Statements.
numbered by the Court but otherwise as set forth in the complaint. are as follows:
1. "[T]he Church ", survives by intimidating members and critics in a Mafia-like manner,"
2, "Scientology is quite likely the most ruthless, the most classically terroristic ." cult the country
has ever seen,"
3, "Those who criticize the church -- journalists, lawyers and even judges - often find
themselves framed for fictional crimes, beaten up or threatened with death,"
4, "Occasionally a Scientologist's business antics land him in jail. Last August a former devotee
named Steven Fishman began serving a five year prison term in Florida. His crime: stealing
blank stock confirmation slips from his employer, a major brokerage house, to use as proof
that he owned stock entitling him to join dozens of successful class action lawsuits, Fishman
made roughly $1 million this way from 1983 to 1988 and spent as much as 30% of the loot on
Scientology books and tapes, Scientology denies any tie to the Fishman scam, a claim
strongly disputed by both Fishman and his longtime psychiatrist, Uwe Geertz, a prominent
Florida hypnotist. Both men claim that when arrested. Fishman was ordered by the Church to
kill Geertz and then do an 'EOC' or end of cycle, which is Church jargon for suicide,"
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5, "One source of funds for the Los Angeles.. based church is the notorious, self-regulated stock
exchange in Vancouver, British Columbia, often called the scam capital of the world,"
6, "Baybak. 49, who runs a public relations company staffed with Scientologists, apparently has
no ethics problem with engineering a hostile takeover of a firm he is hired to promote."
7, "What these guys do is take over companies hype the stock. sell their shares, and then there's
nothing left"," "'They stole this mans property.''' [Referring to William Jordan,]
8, "THE LOTTICKS LOST THEIR SON, Noah, who jumped from a Manhattan hotel clutching
$171, virtually the only money he had not yet turned over to Scientology. His parents blame
the church and would like to sue but are frightened by the organization's ruthlessness,"
9, "His death inspired his father Edward, a physician, 10 start his own investigation of the church,
'We thought Scientology was something like Dale Carnegie,' Lottiek says, 'I now believe it's a
school for psychopaths, Their so-called therapies are manipulations. They take the best and
the brightest people and destroy them.'"
10, "It was too late, 'From Noah's friends at Dianetics' read the card that accompanied a bouquet
of flowers at LoWck's funeral. Yet no Scientology staff members bothered to show up "
11, "The next month the Rowes flew to Glendale, Calif., where they were shuttled daily from a
local hotel to a Dianetics center. 'We thought they were brilliant people because they seemed
to know so much about us,' recalls Dee, 'Then we realized our hotel room must have been
bugged.' After bolting from the center. $23.000 poorer. the Rowes say, they were chased
repeatedly by Scientologists on foot and in cars,"
12, "In a court filing, one of the cult's many entities -.. the Church of Spiritual Technology -- listed
$503 million in income just for 1987,"
By Opinion and Order dates November 23, 1992, this Court granted defendants' motion to dismiss
plaintiff's claims regarding certain statements in the complaint, on the grounds that they could not
be read as referring to plaintiff,
Conclusion:
",[U]pon reconsideration, the court HEREBY GRANTS summary judgement for the defendants on
the sole remaining statement sued upon, The action is dismissed,
SO ORDERED New York NY July 16th 1996
Full Text Of Court Decision: bnp~II~.c~,~mu.e_cll!l-d~!lfJ~bmt!!l/tjm~:disml~sal.b!m1
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Case Files
Case: No, 79 Civ, 1166(GLG), United States District Court, S. D, New York, August 27,1979
Plaintiff: CHURCH OF SCIENTOLOGY OF CALIFORNIA and Founding Church of Scientology of
Washington, DC
vs.
Defendants: James Siegelman. Flo Conway, J,B, Lippincott Co, and Morris Deutsch,
Backround:
The Church of Scientology sued the authors and publishers of book "Snapping: America's Epidemic
of Sudden Personality Change," and a former Scientologist, for defamation. In their book, the
authors attempt to explore what they describe as the "phenomenon of sudden and drastic
alterations of personality," investigating in the process the effects on personality of the techniques
used by many of the current religious "cults" and mass-marketed self-help therapies, Included
among the many groups studied and commented upon was the Church of Scientology. The
publication of Snapping generated much public interest and the authors went on to do media
interviews, The Church also alleged defamation by the authors on "The David Susskin Show,"
which was nationally syndicated as well as in a People magazine interview. Concerning the
remarks made by Deutsch on the Susskin show, the Court concluded in its opinion ", the
statements attributed to Deutsch are, , ,defamatory statements of fact." and therefore were
dismissed,
Opinion:
Concerning the remarks made by Deutsch on the Susskin show, the Court concluded in its opinion
"the statements attributed to Deutsch are, , ,defamatory statements of fact." and therefore were
dismissed,
Further, while the Church of Scientology alleged that their "ability to function as a non-profit
organization had been seriously impaired" the court ruled in favor of the defendants and dismissed
all charges, Ultimately, the presiding judge ruled that: "In the instant action the alleged defamatory
remarks do not, on their face, relate to the validity of religious beliefs or priorities. Rather, these
statements deal with the alleged debilitating physical and psychological effect certain actions by the
Church of Scientology have upon its members, While the Court will be vigilant to avoid any
entanglement with theological questions should they arise, at this time no such questions are
presented,
Accordingly, the Court finds that the free exercise and establishment clauses to the First
Amendment are no bar to this action,
Full Text Of Court Decision: b!tP.:L1WWW&~P_~IIjJ1J<_,-n~!.(:'.:mID1.rQ~L~eJi.9j..!t~1
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DEVELOPMENT REVIEW COMMENT SHEET
Distribution:
Completeness:
Conditions:
p,c. Meeting:
December 8, 1997
December 15, 1997
December 22, 1997
January 13, 1997
ROUTE TO:
Architectural or Landscape Advisor
X Fire Department
X Police Department
Redevelopment Agency
X Engineering
X Traffic Engineering
Corporation Yard
X Building Division
PROJECT DESCRIPTION: Use Permit application (UP 97-20) by the Church of Scientology to allow
the establishment of an educational institution with associated administrative offices, counseling offices
with "assist" tables, sauna room and bookstore to occupy a 10,000 square foot tenant space in an existing
two-story office building, No structural or architectural modifications are proposed for the building. This
application has been previously reviewed as a Pre-application.
INFORMA nON:
File No: UP 97-68
APN: 412-11-063
Applicant: The Church of Scientology (Geoffrey Gault, representative)
Project Address: 2155 $, Bascom Avenue
Zoning: C-2-S (office portion)/R-3-S (parking lot portion)
General Plan: Commercial (office portion)/High Density Residential (parking lot portion)
PROJECT PLANNER: Aki R. Irani
DEPARTMENTAL RECOMMENDATION:
If it can be determined that this project will require minimal or no comments by your department/agency,
please return this comment sheet with your initials to the Project Planner as soon as possible,
Status
x
No Comment
~
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Additional infonnation/revisions( see attached)
Draft conditions of approval attached
dgk.v~~d2Z /~~~.
5 November 1997
To whom it may concern:
It was requested by our Broker that we supply the following information to you as
part of our pre-application.
Below is the Parking Analysis on our current location in Los Glltos, I counted the
cars at 10:00AM, 2:30PM, 6:40PM and 7:30PM. I added the 7:30PM time as there are
very few people in the facility between 6:00 and 7:00. Additionally, the current occupants
of the suites that we would occupy in the So, Bascom location will be relocated so it
should be noted that there will be a decreas~ in the amount of cars at the So, Bascom
location, before our numbers are added,
10:00 AM
2:30 PM
6:40 PM
7:30 PM
18 cars
33 cars
18 cars
51 cars
There were a few other points our Broker suggested I clarify regarding our pre-
application. Our "bookstore" purpose is to provide materials for the people attending our
courses, We do not advertise our bookstore to the general public. If someone were to
walk in off the street and want to purchase a book, we would sell it to them; however, we
do not solicit this kind of business. (We have had 2 people walk in to purchase books in
the last year at our current location.)
Our broker was also asked if we hold events, We have an annual awards event
that we have held at our location in the past. This year's attendance was about 100 with
an estimated 50-60 cars as the attendees were primarily couples and families, We have
held other events with a larger attendance, but we always rent other locations for these as
they are held in conjunction with other organizations,
Please let us know if there are any other questions you have,
Sincerely,
, .J' -i::;: - (
, t tC {'--'o t'{ { '--
Patti Bach
Senior Facilities Manager
Church of Scientology
,
LOCATION MAP
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P 97-20
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