Fountains apartment is not a One-Off, part 3

Molten Plaza


is located in Sunnyvale, another Midpen property.

It looks like they are trying to kill all the trees and foliage.

This tree below was mostly dead at the top.


Many of the bushes and trees were misshapen.


Junk and debris were in the planter boxes.

IMG_5206 IMG_5205

Misshapen and dead or dying.



Falling over from neglect.


Dead at the top. Nobody seems to care.


Half the branches dead or dying.

IMG_5199 IMG_5198 IMG_5197 IMG_5196

A token shrub in a 4 foot planter.

IMG_5195 IMG_5194 IMG_5193

Fountains apartment is not a One-Off, part 2

On a Sept 2, 2015 post entitled Fountains apartment is not a One-Off, I indicated   that the unprofessional institutionalized laziness at the Fountains was typical of the whole company. I also said that people are not supervised and engage in endless aberrant behavior. The following pictures are from Ginzton Terrace in Mountain View CA., another Midpen property.

The entire architectural integrity of the property was altered by some Midpen employee who  destroyed the look and feel of the property with no smoking signs. The irony is that if you complain about someone smoking, they won’t do anything except harass the messenger who complains.

Ginzton architectural desecraton

Ginzton architectural desecraton

Ginzton architectural desecraton

Ginzton architectural desecraton

Ginzton architectural desecraton

Ginzton architectural desecraton

Perfect Storm for Termites and Water

There is an approximately 95% chance that El Niño will continue through Northern Hemisphere winter 2015-16, gradually weakening through spring 2016.


Approximately 8 years ago all the windows at the Fountains were replaced with a no name window brand. They were all installed


albeit some worse than others.

This first window picture shows a window that is correctly installed but it is not at the Fountains. There is a metal flashing rain cap at the top of the trim. The siding was exactingly cut so the the white wood trim fits tightly with a minimum of caulk and virtually no entry for insects especially termites. Even this picture is not perfect because the metal flashing rain cap should extend at least 1/2″ beyond each side of the trim at the top. almost correct rain cap +1%22

So what has Midpen, Sobeck, Franklin and their mascot done to remedy the problem?


The following picture is a typical window.




Metal flashing is fundamental and absent on all second and third floor windows, front and rear doors. It is a major entry point for moisture which winds down in the wall creating black mold on the interior sheet rock. Fountains has a 20 year+ history of black mold. This entry point is an excellent source of water for termites. This entry point is where a lot of the recent dry rot repair has taken place. Dry rot and termites go hand in hand because they are both the result of excess moisture. The absent rain cap requires caulking which always deteriorates quickly from the sun and outdoor elements.


It was moronic and inexplicable that the window is not flush to the white trim. There is a 3/8” gap which has been filled with caulk. Caulk that wide always will be a maintenance problem.

The bottoms of many windows have no caulk. In a winter El Nino rain, when it blows 50 or more miles/hour it will and does rain horizontally.


Water and termite entry area. As shown in the first picture, the siding should have been cleanly cut so that the trim rested inside and to the side of the siding. Not on top the siding. Also moronic and inexplicable that anyone would allow this. Plus no attempt to caulk most of these voids and if they do it has a very short life. These voids are 3/8” to 1/2” deep and 1” long. These voids are so large you could drive a termite truck through every opening. It is a major entry point for moisture which winds down in the wall creating black mold on the interior sheet rock. Fountains has a 20 year+ history of black mold.

Fountains has a termite epidemic. And this is how Midpen is addressing it.


If you look at the web site termite101.orgyou will see that it is a perfect storm for termites. 

Fountains spreads wood chips on all the grounds only before the big inspection from the Tax Credit authority inspectors thus creating a termite magnet.

Hundreds and hundreds of feet of siding touch the ground on the Fountains property.

Hundreds and hundreds of feet of siding is within a few inches of the ground. It

should be at least 12″.

Excessive moisture is always sprayed onto the foundation  to include the flower beds at the front and rear entrances. During Andy Montejano reign pools of water were common all over the property from constant broken irrigation sprayers.

The number of openings for insects and termites to enter on this property are beyond count. They are everywhere and no one cares.

Foundation cracks are everywhere.


Meet Jason Garcia

Jason Garcia

Version 2

who states his former occupation as Roofer, arrived at the Fountains as a Rover Maintenance Man. Rover meaning someone to cover for the absence of a permanent maintenance employee. I chatted him up a bit and he proudly displayed his dusting brigade persona. September 20, 2012

Jason dust brigade

Unbelievably, inexplicably, and mindlessly this task must be assigned under protocol from the Midpen home office. To remove cobwebs and spiders? This task is already taken care of by Fountains pest service provider. Midpen employees don’t use a dust mask during this task so there is usually quite a bit of coughing and wheezing.

The next time Jason is at the Fountains, he pushes a grocery cart around. November 5, 2012.

jason w grocery cart

which is against Midpen Rules which Midpen employees never observe. They don’t follow and have complete impunity from all rules they enforce.

On December 28.2012, Jason breaks company rules by parking his truck in resident parking space.

Jason parking in a resident spot

Then the same day he uses his Midpen ingenuity by disguising the dumping of paint into the landfill by drying it first on plastic sheeting before dumping it into Fountain trash containers.

Jason paint

He then returns on March 26, 2015, for another unbelievable, inexplicable, and mindless sawing off the patio handrails

construction sawdust dirt

which have been in place for over 10 years. He sawed off the ends.

and then left the wood scattered all over my patio which I then stacked into one corner.

patio wood left by Jason

During a Midpen inspection, this wood would have produced a lease violation for me the occupant. Unbelievably, inexplicably, and mindlessly, no wood is allowed on these all wood patios.

Richard Haro, our beloved Maintenance Man is suddenly removed against his will the first week in September 2015. Midpen publishes a memo stating he requested the transfer. His new commute sits him in traffic 3 hours a day commuting to Fremont from his Palo Alto home instead of his former 10 minute commute to the Fountains.

A rumor states that Jason Garcia has been assigned to the Fountains as a personal attaché to Debra Sobeck with the sole responsibility of gathering evidence to evict the author of this blog. I research his name on the internet and the only thing that pops up is his LinkedIn account which has been set up but obviously not used for any purpose and from the following discussion he does not know the purpose of Linkedin.

I proceed to challenge him, albeit I am highly agitated knowing he is here to expressly get rid of me. What follows is what happens anytime you have a question or want an answer. Midpen protocol states you talk to the community manager who is seldom on the property and would never know the answer anyway.

But if  they have an answer it is this. O we can’t do that for you, because if we did we would have to do something for someone else and that is against our “Fair Housing” principles.

In other words the most bizzaro logic in the world.

Here again is the video.

Taliban flag flies over Midpen

Hiatus until 10/20/2015.

Tax Credit Low Income Housing Franchise


What is a franchise?


Let’s just talk about one franchise we all know. Therefore we  don’t even have to define the word.

Star Wars franchise.

star wars

Anybody seen any Star Wars movies?


Please do not forget these numbers are not static. They increase each and every day because this Star Wars Franchise was and is a phenomenon.

Let’s talk about California tax credit housing low income people like us franchise.

CA tax cr housing

So I pay approximately $800 per month. What do you suppose Midpen gets?

Madrone Apartments, Central Expressway on Rengstorff, 1/2 mile from the Fountains.

One bedroom at Madrone Apartments = $3500. Yes this is Silicon Valley.

So Midpen gets my $800 as well as perhaps $2700 from the Federal government, State government, County government, Mountain View city government as well as others. Can anybody see a lot of money sloshing around Foster City looking for outsized salarys to give to a Midpen upper management person.


Midpen nonprofit company files a tax return called 501(c)(3).

This return lists only four people with salaries above $100,000. Using the same creative accounting that caused the collapse of Enron Corporation, Matt Franklin, Debra Sobeck, top corporate officers and the board of Directors etc., slosh this money around everywhere but only on top.

I estimate at least 30 people at Midpen make above $100,000. Yet deceitfully they only show four people above $100,000.

Is this deceitful? Yes. Omission is deceitful.

Is this moral?

Is this ethical?

Is this legal? Well President Dick Cheney’s lawyer decided waterboarding was not torture.

Whenever there is a United States drone strike which kills a so called bad person on foreign soil, there is a battery of lawyers sitting in the Pentagon saying yea or nay, allowing the US to go to war anywhere in the world while saying we are not at war.

The Pentagon has 19,000 drones allowing the US to go to war in secret. Invariably innocent civilians are killed in every drone strike sanctioned by a lawyer. 

The Takeaway of the legalities of Midpen showing only 4 people above $100,000 is a lawyer can show almost anything is legal.

How does Midpen hide these 30 people (estimated and not verified) over $100,000. That’s easy. They just charge it off to any and all of the over 100 properties they manage. 

After Manager Maria Ramos


was forced out by the Fountain Community and Manager Sharon Belcarris failed with the security breach, Midpen in exasperation brought in Marisol Huerta.

marisol lecture

We would probably all be surprised at her salary. She like me and my beginnings acts bullet proof and she came in here to kick some ass and she did.

Marisol Huerta and  Midpen presented me 2 legal documents, both basically the same, filled with her lunatic fringe fantastical lies. Their purpose was to show the presiding Eviction Judge a lunatic.

1.  July 30, 2015 permanently perform 30July

2. September 11, 2015  Perform or quit11Sept

They were definitely effective. I showed a former friend, Melissa Casey, the first one, and she no longer speaks to me. We had recently met, we took a 7 mile hike together on Rhus Ridge trail, we kissed at the end, a week later I sent her an email with the first document and it was the kiss of death

kiss of death

in our relationship.

Long story short, Marisol makes a salary large enough to buy a house, so somewhere between 50 and hundred thousand dollars/year. ( estimate and not verified).

The take away is this. At least 30 people or more make outsized salaries which they would never receive in the free market because they have so few skills.

They only know political theater, dog and pony shows, Kabuki theater.

It is not unlike the presentation of the Fountains apartments. Nicely painted on the outside and a termite epidemic eating away at its internal structure which will result in a greater loss of life in an earthquake and no one will know. A workforce of institutionalized lazy people who bully you and call the police if you want something done. 

The hand picked board of directors undoubtedly also receive outsized compensation for rubber-stamping anything Matt wants to slosh through their coffers.

They will fight to their death.

fight to the death

Unbelievably they have spent tens of thousands of dollars at the Fountains so as to prove to the Eviction presiding judge that I am a threat to the community.

We will as a nation have another recession sooner than later. Recession for sure because our economy is always cyclical and the world right now is in great turmoil.  Financially, Socially and in many other measures. When this happens, the money sloshing around Foster City will take a big hit. 

Malignant continues today



guard of the day Amir arrives and I usually try to meet them and chat. Amir means never dying. I’m chatting away with her and Jason Garcia

Version 2

arrives and steps between us and says I must interrupt. I say no you are not. Next he accuses me of touching his phone and calls the police. Amir says I did not and he instructs her she should watch what she says.

He calls the police and I now have my record for police visits to my apartment increased by one and therefore more ammunition for the eviction judge.

A recent similar situation  with manager Marisol Huerta.

One of our residents who is at medical risk, requested that Richard Haro, Maintenance Manager come to her apartment. I relaid the request to Marisol Huerta and she replied when she had time she would call Richard. I replied that was unacceptable. She blows off appointments and if she says 15 minutes, it might mean

one hour

one day

or never.

So I snapped this photo while she lectured me that I could not take her picture.

marisol lecture

Then she dialed the police.

marisol police

YES vs Protocol, policy

Pope Francis yes



Protocol Policy

I’m right and I control the Mountain View police force,

your wrong, shut up, go away,


Midpen has spent $tens of thousand of dollars to target, harass, intimidate, denigrate and declare Thomas Shepard crazy, through its employees, the Mountain View police force, Onyx security and its outside legal counsel so as to show the presiding judge at the eviction hearing I should be evicted.

I’m right you’re wrong shut up go away. We will denigrate and evict anyone who gets in the way of our mandate to mint money into our individual bank accounts with public moneys. Even though it is immoral, and unethical, our lawyers and the system tells us it is legal. Through creative accounting, just like Enron, we hide the salaries of a plethora of our employees who make over $100,000. However on our 501c3 tax return we only show 5 individuals.

We are public servants serving ourselves.

matthew-franklinrichard-chapura jan-lindenthal Debra_Webber_Sobeck Dariush-Kayhan2 art-fatum

Matthew O. Franklin


Richard S. Chapura

Vice President, Human Resources

Jan M. Lindenthal

Vice President, Real Estate Development

Debra Weber Sobeck

Vice President, Property Management

Dariush Kayhan

Vice President, Resident Services

Arthur Fatum

Chief Financial Officer

and please don’t forget the Board of Directors who undoubtedly also get outsized compensation and insider rewards as Matthew Franklin’s handpicked rubber-stamping yes people.

Mark Battey – Board Chair     Managing Director

Miramar Environmental, Inc.

Beth Bartlett – Vice-Chairperson


Bartlett Ventures

Paul Staley – Vice-Chairperson

Independent Real Estate Consultant & Developer

Monique Moyer – Treasurer

Executive Director

Port of San Francisco

Daniel Seubert – Secretary


Heffernan Seubert & French LLP

Julia Baigent – Director


Law Office of Julia M. Baigent

Gina Diaz – Director

LMS North America – Enterprise, Channel & ULA Accounts

Oracle USA

Erik Doyle – Director

Managing Director, Capital Markets

Jones Lang LaSalle

Terry Freeman – Treasurer


Terry Freeman & Associates, LLC

Koonal Gandhi – Director

Chief Investment Officer

The Henry J. Kaiser Family Foundation

Kim Le – Director

Founder & CEO


Richard Slaton – Director

Senior Project Manager

Zcon Builders

Susan Smartt – Director

Executive Vice President

Related California

Holly Vocal – Director

Vice President

De La Rosa & Co. Investment Bankers

Vanessa Cooper

Housing Authority

International Fame and Fortune, aka Follow the Money


The following individuals have been most responsible for targeting harassing and general racism toward myself just because I would like to live in peace and harmony in Mountain View California. It is so bizarre to state the following: They have created a climate that can only be described as Nazi.

Hitler’s original premise was for God and the Fatherland. He wanted to expand to feed his people. He thought he needed more land. The Scientist Jews, around the world often the smartest people in the room, said No, you can use science to increase production to feed the people. Thus began the persecution and the slaughter.

I have interrupted the Midpen Greed machine. There is a lot of money sloshing around Foster City and they want it to continue. They will fight to the death.

Through this blog, the following people have become known in the United States, France, Venezuela, Canada, and gulp Germany.


Evelyn Catalan996721_10200834025285413_76538937_n,

See Take Out at the top of the picture, just like the Midpen personal ATM machine.

Evelyn’s reign of error solely promoted and never demoted Catholic Latino and Spaniards. Despite constant criticism she kept Major League Andy right until he retired. His last 4 months he worked with just one hand yet he received full pay.


Debra Weber Sobeck,


Debra Sobeck oversaw the failure and  bankruptcy of Evans which then transitioned to EPMINow at Midpen, EPMI  people who followed her, are the first to be promoted.

Lance Smith


At our community meeting 2 days ago, Lance said in effect, there is no free speech. We could not video record because he was afraid of Sunlight as a disinfectant. Midpen and Lance use policy and protocol almost every other word instead of saying something. People in the audience were free to meet with Midpen people afterwards as long as no one else was with them except 4 Midpen people soas to verify any lie that Midpen wants to create.

Matthew O. “Matt” Franklin


Matt memorized Dr. Frank Luntz, Words That Work. Midpen total jargon is all talking points and nothing else. The workers engage in political theatre, go to endless meetings and almost nothing ever gets down. Everyone is a cog in the wheel and never allowed to express anything but company policy. 

In a 2009 interview when asked about his toughest business decision, he couldn’t remember any. Instead he had to sing the praises for Billionaire Robert Rubin. Matt and Bobby were in the Clinton administration together. Clinton and Rubin presided over the elimination of Glass–Steagall Act enacted after the Great Depression to prevent US banks from playing with tax payer money. Robert Rubin and Bill Clinton are 2 people most responsible for our last Great Recession when the banks could again gamble with taxpayer money. 

Ted Rodgers,


This is his real flag.


Greed flag $242,020.

It is no secret that every policeman in the United States has almost carte blanc impunity from everything save sexual perversion. Which just happened yesterday in Redwood city.

In New Orleans, during Katrina police shot people like animals because they were looking for food and water.

A Cleveland police officer who stood on the hood of a car and fired his gun 49 times through the windshield at two unarmed passengers was on Saturday found not guilty on two counts of voluntary manslaughter.

On 9/16/2015, Ted Rodgers was overheard talking to Lance Smith about how to declare me insane and get me institutionalized.

When I look back on this post I won’t believe I wrote this because, well then again Greed has no bounds and I’m so thankful I am poor. 

Embracing gayness, failure and termites


Gay at the Fountains

One of my neighbors at the Fountains is proudly Gay. When he was in junior high they hung him in effigy at his school in Kansas. He’s had severe  depression every since along with constant therapy, constant anxiety drugs et cetera. One of the Fountains supposedly Services employees denigrated his name last year. He cried for several days. I included this event in an email to Kim Wolcott. I demanded that Sevices Beverly Johnson be terminated for that behavior. Kim replied that inflammatory language of this kind would not be tolerated. Beverly was terminated the following month because of her institutionalized laziness.

clown nose



I have spoken of failure before as in my first blog post August fifth 2015.

Repeating one line from that post: “Since I live in Silicon Valley where failure is embraced, it is not necessarily a bad word unless left unmeasured &/or no learning in the process.”

My life has been a failure. A total failure. In the beginning I was bulletproof, I could kick some ass whenever I wanted to not physically but symbolically metaphorically spiritually psychologically, with my big judgmental mouth. A few months ago I woke up in Eugene Oregon and everything changed and I realized that connection with people was most important. I began to share my vulnerability with people I was close to, however in larger audiences sharing that vulnerability is rather over sharing and that’s bad too. That’s what we do on Facebook where we often over share. If you show your vulnerability to someone thats important to you its something like this: you say I’m not good enough I’m not pretty enough I’m not strong enough I’m not rich enough or your psychological problems, your depression, your cancer, your impotence, you get the idea. Vulnerability equals courage. It takes courage to tell a loved one about your vulnerability.

Silicon Valley embraces failure. Failure is good as long as it’s measured and you make adjustments, changes  and pivots to then learn from failure and try to turn it around to success.

As a manager, failure is how you learn to manage. When you fail you say to yourself: that didn’t work lets tweak it change it so as to realize a better outcome. You cannot learn how to manage from a textbook. Sure you can learn principals refinements ideas et cetera. You can bounce your successes and failures off of others especially a mentor. You have to learn by doing and that means experimenting failing turning it around.

So how does Midpen, the Fountains manage? They use protocol. Protocol says if a situation happens then B is the solution. As a Midpen manager you don’t have to think because all the answers are inside of protocol. Protocol may be essential in war, in a police hostage situation, but when dealing with people one size fits all means dehumanization. Protocol also means that solutions arrived at 10 years ago are used in present-day situations. As we know technology modernity a cultural melting pot and so forth can make any decision obsolete in a year or a month or a day. Rules are important but as important are the exceptions so that those that are most at risk are treated with humanity.

Also because of technology, modernity and cultural melting pot invariably the majority of situations presented fall outside of protocol.

So what does Midpen do when situations fall outside of protocol. It is so absurd I can hardly say it. They say if you want something we can’t give it to you because then someone else would want something. They base this on fair housing. It’s the most convoluted absurd lunatic fringe logic you ever hear in your life.

But here’s the reality as taught to us by Dan Ariely who teaches psychology and behavioral economics at Duke University. Organizations that don’t tolerate failure not only stop their employees from learning from their mistakes but also create a risk ad verse culture that fears trying anything new. A related problem is that organizations generally reward employees based on the outcomes of their decisions not on the quality of their decisions. We hope good decisions lead to good outcomes but that relies on probabilities. As an example if a seafood restaurant manager builds five new branches along the gulf Coast six months before the BP Deepwater Horizon oil spill that would lose money big-time. The manager would be sacked for bad decisions despite meticulous data driven analysis. Unfortunately most of time we just reward good outcomes and thus fire the wrong people.

The Takeaway at Midpen is this: they strictly follow protocol, and since most things fall outside of protocol they don’t do anything because if there is a bad outcome they will be demoted or fired.

That’s why Midpen the Fountains beat the crap out of Richard Haro twice because he was always in the arena with special projects which weren’t always 100% popular with the residents. So if one resident complained to the manager he was called into the home office demoted ostracized criticized demonized. However Richard also has 2 unfair advantages (tongue in cheek). He’s both charismatic and loves to interact with people and people love to interact with him. This in itself also pissed off many fellow employees who were jealous and retaliated.

you miss


I thoroughly enjoy the construction process. I have participated in 30 to 40 termite inspections actually probably a lot more. Most realtors sit back and don’t observe. I love to see what they look like what their pellets look like. I would help the inspector with his ladder or her ladder see how the probing went often with the ski pole which had a sharp end to probe into the corners where inspectors knew they might be. That way the inspector got finished quicker and I could ask questions along the way and they did not mind because I was helping.

I transferred to a new apartment in 2012 and made this blog post. I started looking around the apartment complex and realized that termites were everywhere. Just for starters I noticed over 200 lineal feet of soil touching the siding and or wood structural members. When adding the patio fences which connect soil to the fence to the building, its over 500 lineal feet.

The proper distance between soil grade and siding is at least 6″ but best practices is 12″

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Above I mention best practices. This is it below. Sheet metal buried 2 feet below soil line.

IMG_3751 IMG_3752

Bruce Bracket who was Facilities Manager during the Colossal Security Breach 1/29/2014, was recently promoted to Development, has a background in commercial facilities real estate.

Commercial facilities means steel framed structures, stone, masonry, concrete, etc. It’s very dog eat dog, contracts, and the tenant does all the work and improvement.

Residential housing for Midpen involves mostly stick framed building, immense people skills and problems, thus a totally different mindset than commercial.

Midpen is famous for hiring people who don’t have the proper background and skills.

For 6 months a supposed dry rot repair has taken place on this property. Dry rot and termited wood has been removed with a huge amount of termited wood left in place and or just covered. No remediation of the termites has even taken place albeit maybe 3 tiny isolated places with a company that no one uses for termite remediation.

Takeaway. Termites like cozy. They like a warm area. East, West and South are most at risk, especially West and South.

Earthquake takeaway. When the next Big one or little one, the internal stick of this stick frame building and all other Midpen stick frame buildings will be weakened by the termites and more people will die.

Ironically two of the areas of the property most at risk are the Community and Services Managers offices. Retribution: evil given for evil done.