Friday, July 15, 2016

Hidden Microphones Exposed As Part of Government Surveillance Program In The Bay Area




Hidden Microphones Exposed As Part of Government Surveillance Program In The Bay Area

 
OAKLAND (CBS SF) — Hidden microphones that are part of a clandestine government surveillance program that has been operating around the Bay Area has been exposed.
Imagine standing at a bus stop, talking to your friend and having your conversation recorded without you knowing.  It happens all the time, and the FBI doesn’t even need a warrant to do it.
Federal agents are planting microphones to secretly record conversations.
Jeff Harp, a KPIX 5 security analyst and former FBI special agent said, “They put microphones under rocks, they put microphones in trees, they plant microphones in equipment. I mean, there’s microphones that are planted in places that people don’t think about, because that’s the intent!”
FBI agents hid microphones inside light fixtures and at a bus stop outside the Oakland Courthouse without a warrant to record conversations, between March 2010 and January 2011.
Federal authorities are trying to prove real estate investors in San Mateo and Alameda counties are guilty of bid rigging and fraud and used these recordings as evidence.
Harp said, “An agent can’t just go out and grab a recording device and plant it somewhere without authorization from a supervisor or special agent in charge.”
The lawyer for one of the accused real estate investors who will ask the judge to throw out the recordings, told KPIX 5 News that, “Speaking in a public place does not mean that the individual has no reasonable expectation of privacy…private communication in a public place qualifies as a protected ‘oral communication’… and therefore may not be intercepted without judicial authorization.”
Harp says that if you’re going to conduct criminal activity, do it in the privacy of your own home. He says that was the original intention of the Fourth Amendment, but it’s up to the judge to interpret it.

Airbnb and Its Enemies: Who's Afraid of a $10-a-Night Sofa?

Thursday, July 14, 2016

Marin Planning commission hearing on Short Term Rentals, Second Units and your property rights

THE INCONVENIENT TRUTH ABOUT MIXED USE

THE INCONVENIENT TRUTH ABOUT MIXED USE

January 25, 2016 | By John Cumbelich



This mixed use development next to El Cerrito BART Station has had vacancies for years. Despite the fantasies of planners, these types of development seldom create profitable retail traffic.

As far as trends in retail real estate development go, none during my 30-years in the industry has been more counter-productive or government-driven than residential over retail mixed-use development (RRMU).
Pick just about any Bay Area city and you will easily identify any number of RRMU projects that have been proposed, entitled and/or developed over the past ten years.  And with rare exception, these projects suffer the same ills…relatively high vacancy rates, substantially below market rents, poor credit tenancies and a high turnover rate of the brokerage firms that try, with little success, to lease what is un-leasable.
Don’t get me wrong – as a design concept RRMU works beautifully…in Paris.  And in Manhattan.   And therein lies a big part of the problem.  City planners and city councils across Northern California have revealed an inferiority complex to major urban markets around the world and tried to force feed this utterly urban product type into sprawling suburbs from Concord to Novato to San Jose.  Only guess what, the most important ingredient is missing – concentrated, massive, pedestrian populations.
Retail developments thrive and enjoy competitive demand for their vacancies only when merchants and restaurants can succeed.  The ingredients for the retailer’s success are universally known and proven:  easy access, convenient parking, strong co-tenants and proximity to a desirable trade area.  In the Bay Area’s primarily suburban sub markets, well over 90% of shoppers get to their shopping and dining destinations by car.  Only one of the Bay Area’s nine counties, San Francisco, can make a legitimate claim to having the kind of fundamentals that support RRMU, and even then only in select neighborhoods
But the retail landscape in every other Bay Area county is overwhelmingly suburban in nature and comprised of shopping centers, power centers and regional malls with abundant parking, or traditional downtowns that cater to auto-oriented shoppers via street parking and proximate parking structures.  Against successful and entrenched assets like these, with their ease of parking, strong anchor tenants and broad offerings, RRMU projects seek vainly to attract tenants who soberly see futures with no parking, no reliable anchor tenants nor the traffic they generate, and above all, no customers.
The Bay Area’s numerous submarkets fail to meet the fundamental criteria for RRMU for more reasons than lack of residential density.  Remember that the European and east coast markets where RRMU has historically evolved are typically centuries old and have a far more restricted infrastructure of freeways, parking and roadways, which were all necessary factors in the natural growth of RRMU in those markets.  RRMU worked in these markets because at the time that they developed, there was no alternative.  Infrastructure in Northern California however is based on a 20th century standard, which gave rise to suburbs and the retail projects that serve them, thus eliminating the critical cause & effect chemistry needed for successful RRMU.  Government elites have ignored these realities while advancing their Euro model for our communities.
Rapt by the dogma of New Urbanism, our municipal planners have uniformly ignored the fact that retail by its very nature likes to congregate. In retail lease planning, this reality is expressed through anchor tenants, larger formats and critical mass. Yet New Urbanism’s RRMU designs plug its’ ears and closes its’ eyes to this essential truth.
Tragically, today’s sophisticated residential developers have learned the game.  The hot residential market allows them to build out projects where they can plug in zero income for the retail space they are forced by the municipality to build, knowing it will struggle at best.  But strong returns on the residential pro forma compensate for the retail write offs, thus giving birth to another RRMU project whose ground floor is destined to lay vacant, or perhaps be leased by a start-up nail salon or martial arts operation with no credit or resume, if the landlord is lucky.
Of course there are a handful of exceptions.   Santana Row and Bay Street among them (although projects like these have more regional mall DNA than RRMU).  Also, an admirable niche is being developed by select firms like BHV Centerstreet Properties, that are delivering mixed use projects that seek to blend functional, first class retail with high quality residential. But for every smashing success, there are perhaps thirty train wrecks.  City staffs who have no responsibility to finance, lease or manage the projects they conceive and require, are increasingly a class of folk with their hands on the gears of approval, yet with no boots on the ground understanding how retail leasing works or of the utterly flawed nature of their dreams.
Our city planners all seem to attend the same conferences and seminars – those hosted by an alphabet soup of trade organizations such as ULI, ICSC and BOMA.  They bring back the trendy design concept du jour (e.g. Residential over retail mixed use, transit villages, adaptive re-use, etc.) back to Northern California’s overwhelmingly suburban retail markets, and proceed to jam developers with un-leasable designs, if those developers hope to seek approval in that city.
So who exactly is campaigning for the RRMU design concept?  Not the risk-savvy developers that have learned how this product type rarely succeeds.   Clearly not the high quality retailers and first class dining establishments that consistently choose to avoid these projects, leaving them half vacant.  Yet RRMU projects continue apace in a bizarro real estate world where the laws of supply and demand have been suspended by ivory tower planners who suffer none of the consequences of these failures, unlike the developers jammed with building them, the banks that might loan on them, or the brokerage firms charged with leasing them.
De-coupled from the financial realities of designing and building retail projects that will attract quality tenants and manage to stay leased in markets both good and bad, our bureaucrats appear more interested in how a project looks or if it comports with the latest fashion in the urban Meccas.
Brokerage firms like ours increasingly experience visits from exasperated multi-family developers who have realized that they have a mounting problem on their hands.  With growing concern, they see how the vacancy problem in their commercial portfolios is getting bigger and has no apparent cure.  Makeshift leasing solutions have become commonplace as sophisticated institutional developers populate their “retail” spaces with complimentary fitness and meeting rooms in order to shrink, if only slightly, their inventories of dead space.
While Adam Smith’s “Invisible hand” would give the consumer, the merchant, the builder and the community at large what they want, namely, parking, convenience, anchor tenants, and projects that succeed, our bureaucrats have charted their own path.  One that looks like Paris, but with empty buildings.

Tuesday, July 12, 2016

U.S. Fish & Wildlife Service - Migratory Bird Treaty Act




Marinwood CSD removed a huge patch (1000 sf+) of blackberry brush next to Miller Creek at the height of nesting season on June 17, 2016 in violation of the Migratory Bird Treaty Act of 1918.

It is quite shocking because, Marin County prides itself in proper wildlife management. Marinwood CSD manager, Eric Driekosen  clearly is unaware of the legal requirements prohibiting the removal of nesting habitat during nesting season.  The area was scraped clean by a bucketloader and remains an eyesore with no plan to restore the area.

Not only is this offensive to those who value the natural areas of the park, the Marinwood CSD broke the law and should restore the park and institute new policy to prevent future mishaps.

Please write edreikosen@marinwood.org and come to tonight's meeting to voice your concern.

Citizen Marin Lives!





Citizen Marin Lives!  

After a disastrous recent election where our candidates lost (the first time in three years!), our opposition has declared total victory and the death to Citizen Marin.  Nothing can be further from the truth.  


We will Save Marin Again!

Marinwood CSD broke the Migratory Bird Treaty Act and must Obey the Law

I don't think Eric Dreikosen, Marinwood CSD manager will have to serve on a chain gang for violating the Migratory Bird Treaty Act but the Marinwood CSD MUST OBEY THE LAW.




After seeing the destruction of our Marinwood Park, I informed the new Marinwood CSD manager, Eric Dreikosen that they violated several laws by removing habitat in the middle of nesting season.  I had three simple requests.

 1.) an agreement to create a simple park care plan to improve the parks natural areas.  2.) a look at simple PROCEDURE changes (like not driving heavy equipment on sensitive habitat)  and removing habitat during nesting season as required by law 3.) the acknowledgement that damage has been done to our park environment and should be repaired.

Mr Dreikosen rebuffed all requests.  Furthermore, he said that my concerns were not shared by the "public" and the damage and existing procedures will remain.  Not only did he insult the community and ignore his fundamental duty to maintain the park, he broke the law!  
Over 1000 square feet of prime nesting habitat was removed without permit in Marinwood Park on June 17, 2016.
It is a violation of the Migratory Bird Treaty Act.

The employee drove a bucket loader to scrape the earth clean, damaging more than plants, birds and other wildlife.  He scarred the landscape unnecessarily and left the park looking like a construction site.  The employee was acting under orders from above.  The manager sets policy and oversees the work.  He is the responsible party when things go wrong and is the only person who can address the problem.

The problem has been referred to proper agencies for follow up.

It is disappointing that the highest paid Marinwood CSD manager in the history of the District has to have an enforcement action brought upon the district just to do the right thing.  We deserve better.


If you are concerned about the care of our parks and open space, I encourage you to email  edreikosen@marinwood.org.  You can also attend the CSD meeting tonight, July 12, 2016 at 7:30 pm and speak up for our cherished park.



______________

MIGRATORY BIRD TREATY ACT 
16 U.S.C. §§ 703-712, July 3, 1918, as amended 1936, 1960, 1968, 1969, 1974, 1978, 1986 and 1989.
Overview. The Migratory Bird Treaty Act implements various treaties and conventions between the U.S. and Canada, Japan, Mexico and the former Soviet Union for the protection of migratory birds. Under the Act, taking, killing or possessing migratory birds is unlawful.

Prohibited Acts. Unless permitted by regulations, the Act provides that it is unlawful to pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried or received any migratory bird, part, nest, egg or product, manufactured or not. Subject to limitations in the Act, the Secretary of the Interior (Secretary) may adopt regulations determining the extent to which, if at all, hunting, taking, capturing, killing, possessing, selling, purchasing, shipping, transporting or exporting of any migratory bird, part, nest or egg will be allowed, having regard for temperature zones, distribution, abundance, economic value, breeding habits and migratory flight patterns. Regulations are effective upon Presidential approval. §§ 703 and 704.

The Act makes it unlawful to:  ship, transport or carry from one state, territory or district to another, or through a foreign country, any bird, part, nest or egg that was captured, killed, taken, shipped, transported or carried contrary to the laws from where it was obtained; import from Canada any bird, part, nest or egg obtained contrary to the laws of the province from which it was obtained. § 705.


Arrests/Search Warrants. To enforce the Act, authorized Department of Interior employees may:   without a warrant, arrest a person violating the Act in the employee's presence or view; execute a warrant or other process issued by an officer or court to enforce the Act; search any place with a warrant. All birds, parts, nests or eggs that are captured, killed, taken, offered or sold, bartered, purchased, shipped, transported, carried, imported, exported or possessed contrary to the Act will be seized and, upon conviction of the offender or upon court judgment, be forfeited to the U.S. and disposed of by the Secretary. § 706.

Violations/Penalties. According to the Act, a person, association, partnership or corporation which violates the Act or its regulations is guilty of a misdemeanor and subject to a fine of up to $500, jail up to six months, or both. Anyone who knowingly takes a migratory bird and intends to, offers to, or actually sells or barters the bird is guilty of a felony, with fines up to $2,000, jail up to two years, or both. (Permissible fines are increased significantly by the Sentencing Reform Act of 1984, as amended in 1987, which is summarized separately in this Handbook.)

All guns, traps, nets, vessels, vehicles and other equipment used in pursuing, hunting, taking, trapping, ensnaring, capturing, killing, or any attempt on a migratory bird in violation of the Act with the intent to sell or barter, must be forfeited to the U.S. and may be seized and held pending prosecution of the violator. The property is to be disposed of and accounted for by the Secretary. § 707.

Monday, July 11, 2016

Marinwood Hate Crime



Marinwood CSD receives rude messages from public after a video of April 2016 meeting went viral on Youtube. The video which shows police attempting to remove citizen from the Marinwood CSD meeting after an outburst objecting to the new Orwellian speech code. 

Steve Kinsey on White Privilege in Marin



Steve Kinsey, Marin County Supervisor panders to a minority audience at the First 5 Breakfast in May 2016. Despite being on the Marin County Board of Supervisors for over twenty years, he has built NO AFFORDABLE HOUSING in his hometown. He lectures us on "white privilege"!? ( 01:35)


See this great article " Why I won't apologize for my White Male Privilege "

http://time.com/85933/why-ill-never-apologize-for-my-white-male-privilege/

Sunday, July 10, 2016

You Owe Them Nothing - Not Respect, Not Loyalty, Not Obedience

You Owe Them Nothing - Not Respect, Not Loyalty, Not Obedience


Kurt Schlichter
|
Posted: Jul 04, 2016 12:01 AM
Share (12K) Tweet



The idea of the rule of law today is a lie. There is no law. There is no justice. There are only lies.

Hillary Clinton is manifestly guilty of multiple felonies. Her fans deny it half-heartedly, but mostly out of habit – in the end, it’s fine with them if she’s a felon. They don’t care. It’s just some law. What’s the big deal? It doesn’t matter that anyone else would be in jail right now for doing a fraction of what she did. But the law is not important. Justice is not important.

The attorney general secretly canoodles with the husband of the subject of criminal investigation by her own department and the president, the enforcer of our laws, shrugs. The media, the challenger of the powerful, smirks. They rub our noses in their contempt for the law. And by doing so, demonstrate their contempt for us.

Only power matters, and Hillary stands ready to accumulate more power on their behalf so their oaths, their alleged principles, their duty to the country – all of it goes out the window. But it’s much worse than just one scandal that seems not to scandalize anyone in the elite. Just read the Declaration of Independence – it’s almost like those dead white Christian male proto-NRA members foresaw and cataloged the myriad oppressions of liberalism’s current junior varsity tyranny.

There is one law for them, and another for us. 


Sanctuary cities? Obama’s immigration orders? If you conservatives can play by the rules and pass your laws, then we liberals will just not enforce them. You don’t get the benefit of the laws you like. We get the benefit of the ones we do, though. Not you. Too bad, rubes.

So if you are still obeying the law when you don’t absolutely have to, when there isn’t some government enforcer with a gun lurking right there to make you, aren’t you kind of a sucker?

Don’t you feel foolish, like you’re the only one who didn’t get the memo that it’s every man/woman/non-binary entity for his/her/its self?

Who is standing against this? Not the judges. The Constitution? Meh. Why should their personal agendas be constrained by some sort of foundational document? Judges find rights that don’t appear in the text and gut ones that do. Just ask a married gay guy in Los Angeles who can’t carry a concealed weapons to protect himself from [OMITTED] radicals.

The politicians won’t stand against this. The Democrats support allowing the government to jail people for criticizing politicians and clamor to take away citizens’ rights merely because some government flunky has put their name on a list. Their “minority report” on Benghazi is an attack on Trump, and to them the idea of congressional oversight of a Democrat official whose incompetence put four Americans in the ground is not merely illegitimate; it’s a joke.

Is the media standing against this, those sainted watchdogs protecting us from the powerful? Don’t make me laugh.

What do these moral abortions have in common? Short term political gain over principle. These people are so used to the good life that a society’s reflexive reliance on the principle of the rule of law brings that they think they can undermine it with impunity. Oh it’s no big deal if we do this, they reason. Everyone else will keep playing by the rules, right? Everything will be fine even as we score in the short term.

The Romans had principles for a while. Then they got tempted to abandon principle for – wait for it – short term political gain. Then they got Caesar. Then the emperors. Then the barbarians. And then the Dark Ages. But hey, we’re much smarter and more sophisticated than the Romans, who were so dumb they didn’t even know that gender is a matter of choice. Our civilization is permanent and indestructible – it’s not like we are threatened by barbarians who want to come massacre us.

Oh, wait. The last words of some of these people to their radical Muslim killers before they are beheaded will be, “Please remember me as not being Islamaphobic! And sorry about the Crusades!”

There used to be a social contract requiring that our government treat us all equally within the scope of the Constitution and defend us, and in return we would recognize the legitimacy of its laws and defend it when in need. But that contract has been breached. We are not all equal before the law. Our constitutional rights are not being upheld. We are not being defended – hell, we normals get blamed every time some Seventh Century savage goes on a kill spree. Yet we’re still supposed to keep going along as if everything is cool, obeying the law, subsidizing the elite with our taxes, taking their abuse. We’ve been evicted by the landlord but he still wants us to pay him rent.

Now it seems we actually have a new social contract – do what we say and don’t resist, and in return we’ll abuse you, lie about you, take your money, and look down upon you in contempt. What a bargain!

It’s not a social contract anymore – American society today is a suicide pact we never agreed to and yet we’re expected to go first.

I say “No.”

We owe them nothing - not respect, not loyalty, not obedience. Nothing.


We make it easy for them by going along. We make it simple by defaulting to the old rules. But there are no rules anymore, certainly none that morally bind us once we are outside the presence of some government worker with a gun to force our compliance. There is only will and power and we must rediscover our own. If there is no cop sitting right there, then there is nothing to make you stop at that stop sign tonight.

They don’t realize that by rejecting the rule of law, they have set us free. We are independent. We owe them nothing - not respect, not loyalty, not obedience. But with a firm reliance on the protection of divine Providence, we will still mutually pledge those who have earned our loyalty with their adherence to the rule of law, our lives, our fortunes and our sacred honor.

HUD Mandates ‘Affordable Housing’ in Affluent Baltimore Suburbs (Marin is Next)

HUD Mandates ‘Affordable Housing’ in Affluent Baltimore Suburbs


Susan Jones, CNS News, March 25, 2016




The Obama administration has started its push to expand low-income housing into “higher opportunity areas.”

The Department of Housing and Urban Development last week announced a “landmark” settlement agreement with Baltimore County that will serve as a catalyst to “promote housing mobility” and “address residential segregation.”

The goal is to move low- and very-low-income people out of the city and into the suburbs.

“Every person deserves a fair shot at opportunity, and that starts with a decent, safe, and affordable place to call home,” HUD Secretary Julián Castro said in the March 15 announcement. “This agreement sets Baltimore County on a path to stronger, more inclusive communities where everyone can enjoy equal access to opportunity.”

The agreement stems from a complaint filed with HUD in 2011 by the Baltimore County branch of the NAACP; a fair housing group; and three individuals who claimed Baltimore County had failed to “affirmatively further fair housing.”

To settle that complaint, HUD is requiring Baltimore County to spend $30 million ($3 million annually for ten years) to create 1,000 affordable housing units, either through new construction or rehabilitation.

The units will be geographically dispersed in “neighborhoods that provide access to opportunity.”

In addition, the county must provide 2,000 Housing Choice Vouchers to help families gain access to “higher opportunity neighborhoods.”

The county must “proactively market the units to potential tenants who are least likely to apply, including African Americans families and families with a member who has a disability.”

Editor's Note:  Marin County volunteered to HUD' s  AFFH rules in 2012 and is in the process of building subsidized housing in Marin to create "racial balance" according to HUD's demands.  This means that massive public housing will be built and housed with people fitting the desired racial profile.  It will be concentrated in the unincorporated areas of Marin but most especially Marinwood Lucas Valley since we are politically weak.  Ironically, we are far more diverse than most areas of Marin including West Marin which is 92% white according to recent census statistics.

Diversity is welcome when it comes about naturally but placing large populations of minorities in huge apartment complexes is completely wrong way to do it.  Populations should hot be concentrated in such small geography.  HUD is merely creating apartheid.