oakley press_7.31.09

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YOUR HOMETOWN WEEKLY NEWSPAPER Vol. 9, No. 31 Including Surrounding Communities www.thepress.net July 31, 2009 N a t i o n a l A w a r d W in n in g N e w s p a p e r s THIS WEEK FOR MOVIE TIMES SEE PAGE 5A Playing in the Streets No one can accuse the Streets of Brentwood of being a grumpy neighbor – it’s happy to let kids play on its lawn. Page 1B Back to School ..................8A Calendar .......................... 23B Classifieds .......................... 8B Entertainment ................ 12B Health & Beauty ............. 11B Milestones ......................... 7B Opinion ...........................13A Sports ................................. 1B WebExtras! ....................... 1B INSIDE Floating an idea to the capital Bruce Connelley believes in the concept of Power to the People, and he’s counting on the popular credo of the 1960s to make a difference in 2009. “There is a spirit in America today that some cynics think has died; that complacency is the norm nowadays, but I don’t believe it,” said the Oakley city councilman. “I don’t believe it at all.” And he’s set on proving it with an event called The Mil- lion Boat Float, a two-day as- semblance designed to draw at- tention to the state’s proposed construction of a $40 billion al- ternate-conveyance system that many believe is a thinly veiled move toward a peripheral canal. “The goal (of the event) is to wake people up to what is happening in the Delta,” said Connelley. “The idea is to bring national attention to the issue because no one is listening to us, the stakeholders.” The proposed canal, which proponents say is designed to im- prove water quality and habitat conditions in the Delta, has the backing of Gov. Arnold Schwar- zenegger and is the centerpiece of the Bay Delta Conservation Plan, whose goal is to secure a canal under the Endangered Species Act. California voters rejected a similar peripheral canal propos- al in 1982, but this time around, state administrators claim they don’t need voter approval. So with apparently no governmen- tal input at the local level, resi- dents such as Connelley fear a lack of transparency and little chance of a raising a voice in the process. “It comes down to this: oth- er elected officials from local and federal levels have tried to work with the government to work it out,” said Connelley. “But it hasn’t worked that way. It’s all been a charade.” And so, on Aug. 16 and 17, Connelley and what he hopes will be a mass flotilla from East Bill Worrell, left, Sportsman Yacht Club Commodore Steve Martinez and Roger Mammon are just a few of the participants in the upcoming Million Boat Float. The event is designed to bring awareness to the state’s proposed water-diversion canal. Photo by Richard Wisdom by Rick Lemyre Staff Writer see Floating page 14A Businesses find sign rules eye-catching A group of frustrated Oakley business owners gathered in the City Council chambers this week to discuss with staff the proposed sign ordinance that will go before the council for a vote next month. The sign-ordinance workshop served as an opportunity for city staff to explain the ordinance and answer questions while gathering input for the staff report that will be presented at the next council meeting. Since the county ordinance Oakley has been using since its incorporation is out of date and prohibits A-frame signs (which are at the heart of the debate), the city plans to adopt a sign ordinance of its own. Under the proposed ordinance, temporary A-frame signs would be permitted to advertise only charity events on the day of the event and grand openings during business hours. A-frame signs would also be approved for businesses that are not part of a shopping center with six or more tenants, where monument signs don’t exist. Signs must be on business property, out of public right-of-way and must not interfere with pedestrian or vehicular traffic. The ordinance is designed to create consistency among the signs and reduce blight caused by the overabundance of signs that line Main Street. Business owners attending the workshop, however, protested that the new regulations would limit their advertising capa- bilities and potentially run them out of business. Gene Buchholz, owner of Hook, Line & Sinker, who ad- dressed the council about his griev- ances in June, served as an unoffi- cial spokesman for the group of 20 at the workshop on Tuesday. “We’re spending every minute of our time running our businesses, trying to make ends meet,” Buch- holz said, “and now we’ve got to take time to fill out a form so that the city government can say, ‘OK, we’ll allow you to have a sign so that you can make a living.’ How can we run our businesses? How can we put our kids through college? How can we put shoes on our own feet? It’s totally ridiculous.” Buchholz asked Senior Plan- ner Joshua McMurray, who con- ducted the workshop, to report to the council and ask it to bench the sign ordinance until the economy turns around. A-frame advertising, said Buchholz, is too vital to local businesses during the recession. Bill Lancaster, owner of Bill’s Auto, said his A-frame sign brings in new customers every day and it’s key to his survival as a business owner. “Most people drive past my shop and don’t even know we’re by Samie Hartley Staff Writer see Rules page 14A You’ve got to let us have our tools to get people to come in. If not, it’ll hurt us ... it’ll hurt real bad. Bill Lancaster Dramatic development A suit has been filed against the city to prevent developers from putting up thousands of new houses on agricultural land. Page 6A Class back in session See how your local district ran the gauntlet of that exciting and challenging first day of school. Page 8A

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  • YOUR HOMETOWN WEEKLY NEWSPAPER

    Vol. 9, No. 31 Including Surrounding Communities www.thepress.net July 31, 2009

    Natio

    nalAwardWinning Newspapers

    THIS WEEK

    FOR MOVIE TIMES SEE PAGE 5A

    Playing in the Streets

    No one can accuse the Streets of Brentwood of being a grumpy neighbor its happy to let kids play on its lawn.

    Page 1B

    Back to School ..................8ACalendar ..........................23BClassifieds ..........................8BEntertainment ................12BHealth & Beauty .............11BMilestones .........................7BOpinion ...........................13ASports .................................1BWebExtras! .......................1B

    INSIDE

    Floating an idea to the capitalBruce Connelley believes

    in the concept of Power to the People, and hes counting on the popular credo of the 1960s to make a difference in 2009.

    There is a spirit in America today that some cynics think has died; that complacency is the norm nowadays, but I dont believe it, said the Oakley city councilman. I dont believe it at all.

    And hes set on proving it with an event called The Mil-lion Boat Float, a two-day as-semblance designed to draw at-tention to the states proposed construction of a $40 billion al-ternate-conveyance system that many believe is a thinly veiled move toward a peripheral canal.

    The goal (of the event) is to wake people up to what is happening in the Delta, said Connelley. The idea is to bring national attention to the issue because no one is listening to us, the stakeholders.

    The proposed canal, which proponents say is designed to im-prove water quality and habitat conditions in the Delta, has the backing of Gov. Arnold Schwar-zenegger and is the centerpiece

    of the Bay Delta Conservation Plan, whose goal is to secure a canal under the Endangered Species Act.

    California voters rejected a similar peripheral canal propos-al in 1982, but this time around, state administrators claim they dont need voter approval. So

    with apparently no governmen-tal input at the local level, resi-dents such as Connelley fear a lack of transparency and little chance of a raising a voice in the process.

    It comes down to this: oth-er elected offi cials from local and federal levels have tried to work

    with the government to work it out, said Connelley. But it hasnt worked that way. Its all been a charade.

    And so, on Aug. 16 and 17, Connelley and what he hopes will be a mass fl otilla from East

    Bill Worrell, left, Sportsman Yacht Club Commodore Steve Martinez and Roger Mammon are just a few of the participants in the upcoming Million Boat Float. The event is designed to bring awareness to the states proposed water-diversion canal.

    Photo by Richard Wisdom

    by Rick LemyreStaff Writer

    see Floating page 14A

    Businesses find sign rules eye-catching

    A group of frustrated Oakley business owners gathered in the City Council chambers this week to discuss with staff the proposed sign ordinance that will go before the council for a vote next month.

    The sign-ordinance workshop served as an opportunity for city staff to explain the ordinance and answer questions while gathering input for the staff report that will be presented at the next council meeting.

    Since the county ordinance Oakley has been using since its incorporation is out of date and prohibits A-frame signs (which are at the heart of the debate), the city plans to adopt a sign ordinance of its own.

    Under the proposed ordinance,

    temporary A-frame signs would be permitted to advertise only charity events on the day of the event and grand openings during business hours. A-frame signs would also be approved for businesses that are not part of a shopping center with six or more tenants, where monument signs dont exist. Signs must be on business property, out of public right-of-way and must not interfere with pedestrian or vehicular traffi c.

    The ordinance is designed to create consistency among the signs and reduce blight caused by the overabundance of signs that

    line Main Street. Business owners attending the workshop, however, protested that the new regulations would limit their advertising capa-bilities and potentially run them out of business.

    Gene Buchholz, owner of Hook, Line & Sinker, who ad-dressed the council about his griev-ances in June, served as an unoffi -cial spokesman for the group of 20 at the workshop on Tuesday.

    Were spending every minute of our time running our businesses, trying to make ends meet, Buch-holz said, and now weve got to

    take time to fi ll out a form so that the city government can say, OK, well allow you to have a sign so that you can make a living. How can we run our businesses? How can we put our kids through college? How can we put shoes on our own feet? Its totally ridiculous.

    Buchholz asked Senior Plan-ner Joshua McMurray, who con-ducted the workshop, to report to the council and ask it to bench the sign ordinance until the economy turns around. A-frame advertising, said Buchholz, is too vital to local businesses during the recession.

    Bill Lancaster, owner of Bills Auto, said his A-frame sign brings in new customers every day and its key to his survival as a business owner. Most people drive past my shop and dont even know were

    by Samie HartleyStaff Writer

    see Rules page 14A

    Youve got to let us have our tools to get people to come in. If not, itll hurt us ... itll hurt real bad.

    Bill Lancaster

    Dramatic developmentA suit has been filed against the city to prevent developers from putting up thousands of new houses on agricultural land.

    Page 6A

    Class back in session

    See how your local district ran the gauntlet of that exciting and challenging first day of school.

    Page 8A

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    Few East County residents know that the East County Regional Planning Com-mission (ECRPC) even exists and now it might be going away.

    The three commissioners who showed up at the July 13 meeting (one was absent and the fi fth seat is vacant) voted to recom-mend that the commission be suspended due to the lack of economic development in East County lately and for the foreseeable future.

    Theres nothing going on, said Com-missioner Bob Doran of Discovery Bay. So as far as I am concerned, its a waste of mon-ey (to keep the commission). Some day again it might be necessary, but right now theres nothing going on.

    In the three months Doran has been on the commission it has considered only one signifi cant project, a residential development in the area of the Bay Point Marina.

    At their July 13 meeting, the commis-sioners discussed the boards future.

    Each one of us made a comment, said Doran. Mine was: theres no reason for the expense of it. Its really expensive to do that (commission). You take (a project) thats been in the mill for fi ve years thats a lot of people that (report) has to be FedExed to. It just runs up expenses. They have to pay

    rent for the Antioch council building (where the meetings are held) and county people get paid for coming (as staff to the meetings).

    If the county supervisors decide in Au-gust to follow the commissioners recom-mendation, the commission would cease to exist on Oct. 7. Its duties would be taken over by the countywide planning commission. While that would save money for the county, former ECRPC member Walter MacVittie is concerned about the loss of East County residents input on proposed developments in unincorporated East County.

    I can see at this point in time theres not much going on, he said. But I think long-term I have always felt the East County Regional Planning Commission was a very vital commission for East County for the unincorporated area. I think its proven with the things that came before it where the com-munity could come and speak to it and deal with the issues before it.

    Commission Chairman Ed Stevenson, who lives in Bay Point, said that the county planning commission will likely do as good a job on East County matters because the ECRPC has gotten rusty dealing with plan-ning matters due to their recent scarcity.

    We just havent had that much to do, he said. Most of what we had to do has been in Bay Point. For Bay Point, the Martinez Plan-ning Commission and East County Planning

    Planning commission considers disbanding

    by Dave RobertsStaff Writer

    Commission (in Antioch) are equal-distant. My community will be just as well taken care of by either planning commission. If (build-ing) does pick up, we should ask the county supervisors to take another look at establish-ing (ECRPC) again.

    County Supervisor Mary Piepho said she has not made up her mind on whether ECRPC should be disbanded, but is aware

    that there hasnt been much for it to do late-ly.

    I have mixed feelings about it, she said. Historically theres been a value (to it). Over the last few years their meeting frequency has diminished dramatically. With the county-wide planning commission, theres a very good chance that it could take on the role of the regional body and be more effi cient.

    Members of a large ock of Canada geese take a gander back over their shoulders at photographer Stacey Chance during a recent encounter on Discovery Bays Harbor Drive. Stacey re-ports that the waterside roadway has been commandeered by the ock, as can be seen by the many calling cards on the roadway.

    Canadian invasion

    Photo by Stacey Chance

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    Special swings for Special Kids

    Some came for the golf, others for the dining and entertainment, but all came out last weekend to support the Special Kids Foundation and its plans to build an all-abilities playground on the site of the Delta Family YMCA in Oakley.

    The fundraiser, held at the Lone Tree Golf Course, featured 18 holes of golf fol-lowed by a buffet dinner, silent auction and live entertainment. The fi rst-time event raised more than $5,000 toward the proj-ect, but for those in attendance the gather-ing did more than raise dollars; it bolstered the spirits and hopes of all involved.

    My son Nathan, he has a hard time (at other playgrounds), said an emotional

    David Chuey, board advisor for the Spe-cial Kids Foundation. But we are going to build this playground and in this play-ground, play is going to mean something to my special-needs kid and all the special-needs children. I want to thank everyone for coming out and supporting us.

    The all-abilities playground is a joint effort on behalf of the Delta Fam-ily YMCA and the Special Kids Founda-tion. The YMCA is building a new facil-ity on OHara Avenue in Oakley, and the playground is part of the improvements. The playground will serve children with limited physical abilities and will feature water-play areas, sensory-integration cen-ters, wheelchair lifts, large wooden play-houses and shaded spaces.

    SMF Construction, owned by Oakley

    City Councilman Jim Frazier, is donating the construction of the playground, and the Special Kids Foundation will pay for the equipment, which is expected to cost around $750,000. In turn, the City of Oakley, which owns the YMCA property, has agreed to maintain the playground in perpetuity.

    Special Kids Foundation President Lisa McBride, said the event was a huge success and brings the playground one step closer to completion.

    What another wonderful turnout of Special Kids fans and supporters. We had so much fun, and all in the name of rais-ing funds so all kids can play. I am thrilled to be one step closer to our playground goal and am eternally grateful to those who put their hearts and souls into our organization.

    Staff of the Delta Family YMCA

    gathered in sup-port of the Special Kids Foundation at the groups recent

    fundraiser. The foundation is part-

    nering with the YMCA in Oakley to

    build an all-abili-ties playground on the site on OHara

    Avenue.

    Photo by Ruth Roberts

    by Ruth RobertsStaff Writer

    The next installment of the An-tioch Police Departments Neighbor-hood Cleanup Program takes place Saturday, Aug. 8 from 9 to 11 a.m. Vol-unteers should meet in the Starbucks parking lot, located on 1894 A St. at West 18th St., where theyll receive in-structions and equipment. The targeted area is within walking distance. Barring inclement weather, future Neighbor-hood Cleanup events will be scheduled for the fi rst Saturday of the month and will target business and commercial ar-eas as well as residential.

    The Neighborhood Cleanup Pro-gram is a collaborative effort of United Citizens for Better Neighborhoods, community volunteers, the Antioch Police Department Crime Prevention Commission, Neighborhood Watch Program, the City of Antioch Commu-nity Development Department, Neigh-borhood Improvement Services, and the Public Works Department.

    In the words of an Antioch Police Department press release, Collectively, We, everyone who works and lives in the City of Antioch, can make a differ-ence and improve the quality of life. Its our community and its our chance to make a difference Neighborhoods free of trash and refuse are inviting, and a clean community instills a sense of community pride.

    Neighborhood spiff coming

  • JULY 31, 2009 COMMUNITY THEPRESS.NET | 5A

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    Summerset Sea shinesThe Summerset Singers production of

    Sea to Shining Sea drew standing ovations from large audiences when the 43-member chorus summer concert was performed last Friday, Saturday and Sunday in the Summer-set Vista Recreation Center. The program was billed as an annual tour that featured a musical virtual bus trip to well-known cit-ies and areas across the country.

    The program featured songs both seri-ous and funny. Classics like Shenandoah and Oklahoma were interspersed with ef-forts such as Eleanor Murrays Blues in the Night and fun songs like Ernie Macintyres and Jim Rankins Country Roads, per-formed on guitar and banjo.

    The Singers performed 19 tunes whose subjects spanned the continent, beginning the tour with New York, New York and rolling to a stop on our golden shores with San Francisco Open Your Golden Gate, from the 1936 movie San Francisco. This Land Is Your Land followed and the encore America The Beautiful wrapped up the show. The complete chorus sung 11 tunes while nine were performed solo or in groups.

    According to retired Livermore Lab employee Norma Scarlett, the show was very entertaining what a marvelous pro-duction.

    Los Medanos vocal instructor Nancy Bachman holds vocal training classes that recently included 16 Summerset Singers. Her

    professional assessment of the concert: The group was just great. What a treat to see and hear this show.

    Singers Ben Smith, Cathy Ashland, Mike Spellman, Janice Richardson and Don Palmer all performed solo parts, while Tom Aumock, Sharon Beck, Cheryl McNish, and Stan and Linda Stanley sang Kansas City. Marge Fisk, Marilyn Miguel, Mary Ann Smith and Charlotte Werner performed Atchison, Topeka and Santa Fe. Lastly, Trisha Brittain, Ann Calahan-DePalma, Ken Young and this writer belted out the Mamas and Papas tune California Dreamin.

    Concert attendees were awed by the ex-tensive show decorations designed by Mar-tha Steele Spellman that included a bus ticket venue, all kinds of Route 66 memorabilia, photos, maps and even an old gas pump. Ed

    Burke was set carpenter. Michael Ann Ho-nea did ticket sales, Charlotte Werner acted as chorus librarian, Marilyn Miguel headed up choreography and Marge Fisk applied chorus makeup.

    Chorus leadership includes musical di-rector Ken Young; assistant directors Ann Callahan and Ernie Macintyre; accompa-nist Catherine Thompson and assistant ac-companist Louis Jensen. Margaret Hoover acted as stage manager and the shows pro-ducer was Linda Stanley. Others involved included Mike Spellman and Nancy Briggs as voiceover narrators, this writer did emcee honors, Darrell Fiske took care of sound, Tony Miguel worked lighting, and technical was accomplished by Ken Young and Norm Soucy. The show was video recorded and professionally photographed.

    Director Ken Young, front, and the Summerset Singers took appreciative crowds from sea to shining sea during performances at Summerset Vista Recreation Center last weekend.

    Photo by Martha Steele Spellman

    by Ray CarterCorrespondent

  • The Bay Area nonprofi t organization Greenbelt Alliance has announced that it will press ahead with a lawsuit against the City of Oakley to protect agricultural land on a Delta island where developers plan to build more than 5,000 new houses below sea level on more than 1,600 acres of agricultural land.

    In eastern Contra Costa County, poorly planned developments have already put home values underwater, said Christina Wong, fi eld representative for Greenbelt Alliance. Now the City of Oakley wants to build homes that could literally end up underwater.

    According to the alliance, most of the land in question is protected from fl ooding only by levees and is subject to liquefaction during an earthquake. To safeguard the new housing, the developers plan to pump wa-ter off the island 24 hours a day, potentially threatening water quality in the San Joaquin-Sacramento River Delta, a source of drinking water for 24 million Californians. Opponents also fear that the development would increase traffi c on severely clogged Highway 4.

    Sierra Clubs Delta Group endorses Greenbelt Alliances litigation. Given the col-lapse of the housing market and the citys eco-nomic problems in supporting infrastructure improvements, it makes no sense to add un-needed housing and eliminate more agricultur-al land, said Tim Donahue, the groups chair.

    This most recent phase of the lawsuit, set to be heard Aug. 6, follows up on litigation brought by Greenbelt Alliance in 2006 chal-lenging the citys approval of the development, known as the East Cypress Corridor Specifi c Plan. In addition to more than 5,000 homes, it envisions 1.2 million square feet of commer-

    cial space and 153 acres of man-made lakes. The parties named in the lawsuit are the City of Oakley, Shea Homes, KB Home South Bay Inc., and Bethel Island LLC.

    The original lawsuit alleged that the citys environmental review had not adequately mitigated impacts to endangered wildlife habitat, air quality and farmland. Greenbelt Alliance prevailed in that lawsuit, and the City of Oakley was ordered to address air-qual-ity problems and loss of farmland. Unfor-tunately, it later readopted the Specifi c Plan without any measures to compensate for the loss of agricultural land or protect surround-ing farmland, such as conservation easements or programs supported by developers fees. Because such measures are required under the California Environmental Quality Act and the original court order, Greenbelt Alliance is asking the court to order Oakley once again to set aside its approval of the plan.

    The fertile lands of East Contra Costa County have provided Bay Area residents with a safe, healthy, local source of food since the Gold Rush, said Kathryn Lyddan, execu-tive director of the Brentwood Agricultural Land Trust. The loss of our valuable agricul-tural land to suburban development threatens the future health and well-being of all of our citizens.

    In a recent press release, Greenbelt point-ed out that more than 200,000 acres of Bay Area farmland and grazing land have been lost to development over the past 25 years, according to the California Department of Conservation Farmland Mapping and Moni-toring Program. From 1992 to 2006, almost 25,000 acres of Contra Costa agricultural land, including 12,521 acres of prime farm-land, were lost.

    Greenbelt Alliance contends that Oak-ley could protect agricultural land and avoid

    many of the problems associated with the proposed housing tracts by building instead on many available parcels of land that are ac-tually within the town and above sea level.

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    NOTICE OF TRUSTEES SALE Trustee Sale # CA0540150 Loan# 1010536678 Order # 090244121 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 10/03/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EX-PLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 08/20/2009 at 10:00AM, MTC FINAN-CIAL INC., dba TRUSTEE CORPS as the duly appointed Substituted Trustee under and pursuant to Deed of Trust Recorded on 10/11/2007 as Document No. 2007-0284276-00 of of cial records in the Of ce of the Recorder of Contra Costa County, CALIFORNIA, executed by: ANDY MANUAL RUBIO A SINGLE MAN, as Trustor, INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK, as Bene ciary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (payable at time of sale in lawful money of the United States, by cash a cashiers check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association, or savings bank speci ed in section

    5102 of the Financial Code and au-thorized to do business in this state). AT: THE COURT STREET ENTRANCE TO THE COUNTY COURTHOUSE, 725 COURT STREET (CORNER OF MAIN AND COURT STREET), MARTINEZ, CA The property heretofore described is being sold as is. All right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State describing the land therein: APN # 071-041-002 PORTION OF THE NORTHEAST OF THE NORTHEAST OF SECTION 25, TOWNSHIP 2 NORTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF WILLS AVENUE, DES-IGNATED ON THE MAP ENTITLED, FITSPATRICK SUBDIVISION, FILED MAY 22, 1928, BOOK 21, PAGE 570, CONTRA COSTA COUNTY RECORDS, AT THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO D.W. THOMPSON, ET UX, RECORDED JANUARY 19, 1942, BOOK 654, OF-FICIAL RECORDS, PAGE 384; THENCE FROM SAID POINT OF BEGINNING NORTH 05 WEST, ALONG SAID WEST LINE, 50 FEET TO THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO FLOYD LIKES, ET

    UX, RECORDED MAY 20, 1942, BOOK 617, OFFICIAL RECORDS, PAGE 449; THENCE WEST, ALONG SAID SOUTH LINE, 100 FEET; THENCE SOUTH 05 EAST, 50 FEET TO THE NORTH LINE OF SAID THOMPSON PARCEL (654 OR 384); THENCE EAST, ALONG SAID NORTH LINE, 100 FEET TO THE POINT OF BEGINNING. The street address and other common designation, if any, of the real property described above is purported to be: 2724 D STREET, ANTOCH, CA 94509 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or war-ranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the Note(s) secured by said Deed of Trust, with interest thereon, as pro-vided in said Note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts cre-ated by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the

    Notice of Trustees Sale is: $ 284,850.51 (estimated amount). Accrued inter-est and additional advances, if any, will increase this gure prior to sale. If the Trustee is unable to convey title for any reason, the successful bidders sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. The Bene ciary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the County where the real property is located and more than three months have elapsed since such recordation. Compliance with California Civil Code Section 2923.52: The Bene ciary or Bene ciarys agent has indicated that the requirements of California Civil Code Section 2923.52 have been met. See Exhibit A at-tached hereto and made a part hereof. Compliance with California Civil Code Section 2924.f: 1. Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the bene ciary, loan servicer or authorized agent, declares as fol-lows: Servicer does hereby state that

    Servicer has obtained from the com-missioner a nal or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date of the notice of sale is led. 2. Time-frame for giving notice of sale speci- ed in subdivision (a) Section 2923.52 Does X Does not apply pursuant to section 2923.52 or 2923.55 Dated: 07/31/2009 MTC FINANCIAL INC. DBA TRUSTEE CORPS, as Successor Trust-ee By: PAULA GUTIERREZ, TRUSTEE SALES OFFICER *TRUSTEE CORPS* 2112 BUSINESS CENTER DRIVE, 2ND FLOOR, IRVINE, CA 92612 FOR SALE INFORMATION CONTACT: (714)730-2727, (714) 724-7500, (949) 252-8300 FOR REINSTATEMENT / PAY OFF REQUESTS CONTACT: (949) 252-8300 ASAP# 3206220 07/31/2009, 08/07/2009, 08/14/2009Antioch Press No. 06-1617Publish Dates: July 31, August 7, 14, 2009

    SUMMARY OF ORDINANCE NO. 873AN ORDINANCE OF THE CITY COUN-CIL OF THE CITY OF BRENTWOOD AMENDING SECTION 2.46.070 (COM-PENSATION) OF THE BRENTWOOD MUNICIPAL CODE TO AUTHORIZE PARK AND RECREATION COMMIS-SIONER COMPENSATION.

    THE FOREGOING ORDINANCE was in-troduced with the rst reading waived at a regular meeting of the Brentwood City Council on the 23rd day of June, 2009, by the following vote:AYES: Councilmembers Becnel, Brock-man, Richey, Stonebarger, TaylorNOES: NoneABSENT: NoneABSTAIN: NoneAnd was adopted at a regular meeting of the Brentwood City Council on the 28th day of July 2009, by the following vote:AYES: Councilmembers Becnel, Brock-man, Richey, Stonebarger, TaylorNOES: NoneABSENT: NoneABSTAIN: None

    SUMMARY OF ORDINANCE NO. 874AN ORDINANCE OF THE CITY OF BRENTWOOD AMENDING IN PART CHAPTER 17.725 OF THE CITY OF BRENTWOOD MUNICIPAL CODE RE-LATING TO THE CITYS AFFORDABLE HOUSING PROGRAM.THE FOREGOING ORDINANCE was in-troduced with the rst reading waived at a regular meeting of the Brentwood City Council on the 23rd day of June, 2009, by the following vote:AYES: Councilmembers Becnel, Brock-

    man, Richey, Stonebarger, TaylorNOES: NoneABSENT: NoneABSTAIN: NoneAnd was adopted at a regular meeting of the Brentwood City Council on the 28th day of July 2009, by the following vote:AYES: Councilmembers Becnel, Brock-man, Richey, Stonebarger, TaylorNOES: NoneABSENT: NoneABSTAIN: None/s/________________________Robert TaylorMayorATTEST:/s/_______________________Cynthia Garcia, CMCAssistant City ClerkThe above is a summary of the major highlights of the ordinances; reading the ordinances in their entirety may be necessary to obtain a full understating of all changes. Copies of the full text of the ordinances are on le and may be read in the City Clerks of ce lo-cated at 708 Third Street, Brentwood, and/or copies may be obtained from that of ce based on the Citys actual cost for duplicating. Brentwood Press No. 02-1273Publish Date: July 31, 2009

    LEGAL NOTICES LEGAL NOTICESLEGAL NOTICES LEGAL NOTICES LEGAL NOTICESLEGAL NOTICESLEGAL NOTICES

    Alliance sues Oakley over farmland

    The City of Oakley has expressed disappointment at the news that the Greenbelt Alliance intends to fi le a legal challenge regarding the proposed devel-opment of the East Cypress Corridor.

    Greenbelt fi led a challenge to the environmental impact report supporting the citys plan for development of the East Cypress Corridor some time ago. The court found two defects in the envi-ronmental report, and ruled in the citys

    favor on all of the other points Greenbelt raised in the lawsuit. The city responded to that ruling and took corrective action on the two items raised by the court.

    In a recent press release, the city stated that the project has undergone comprehensive and detailed environ-mental scrutiny. Environmental concerns raised during the environmental process have been addressed and appropriately mitigated.

    City defends positionOakley resident Alivia Logan will star

    in a special performance of Steppin Out on Saturday, Aug. 1 at 7 p.m. at the Byron United Methodist Church. Tickets are $15 and must be purchased in advance.

    A portion of the proceeds go toward Alivias scholarship fund to attend Univer-sity of the Pacifi c in the fall. She plans to major in vocal performance with an em-phasis in opera.

    Im really excited to have this op-portunity, Alivia said. I love to entertain, and Im honored that the church will help me pay for school. Performing is what I love. Its so overwhelming Im so full of joy when I get to sing on stage.

    Steppin Out is a two-part show that features Broadway show tunes and in-spirational Christian songs. Alivia will be joined on stage by Rose Marie Forment, Nancy Torres, Bill Flanery and Alexis Easton, pastor of the Brentwood Com-munity United Methodist Church.

    Another portion of the proceeds go toward renovations of the Churchs choir room. Byron United Methodist Church is located at 14671 Byron Highway. For more information, call 925-634-3417 or 925-625-8538.

    Local singer Steppin Out

  • JULY 31, 2009 COMMUNITY THEPRESS.NET | 7A

    Advertisement

    PASSIVE VS. ACTIVE CONTINGENCY REMOVALA contingency is something that a

    party to the contract holds as a way to get out of the contract. The most com-mon would be inspection, financing and appraisal contingencies for the Buyer. The standard method of how contingencies are officially removed has changed quite a bit over the years. There are two main ways passive and active.

    Passive contingency removal means that when the deadline comes and goes and the party in question has not can-celled the agreement, by default they have removed their contingency. That is why it is called passive. If you do nothing, you are deemed to have removed your contingency.

    Active contingency removal means that when the deadline passes, if the party in question has not removed their contin-gency, they still retain it. For example, if the contract gives the Buyer 17 days to remove their inspection contingency, and on the 18th day the Buyer has not removed their contingency, they still have that contin-gency in place. The Seller at that point can

    give the Buyer a notice to Perform or Quit, but the Seller cant just declare the Buyer in default or force them to close escrow or try to retain their deposit.

    Years ago, the California Association of Realtors (CAR) used the passive method in our contracts, but then they lost a couple of lawsuits where the Buyer claimed the pas-sive method didnt give them enough time if the first inspector recommended more inspections. So now our standard CAR con-tract does use the active method. However, most bank-owned properties come with an addendum from the bank that converts it back to passive method. So if you are a buyer, you need to ask your agent which method of contingency removal applies. If its passive, you need to REALLY watch your deadlines.

    If you have questions on this or any other real estate topic, call me at (925) 240-MOVE (6683). To search the MLS for free and view virtual tours of homes for sale, go to: www.SharpHomesOnline.com. Sharp Realty

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    Pvt. Matthew Mastrangelo, a 2008 Freedom High School graduate and Army Infantry graduate from Fort Benning, Ga., was recently awarded his Expert Infantry Badge and perfect score True Blue recognition. Now stationed at Fort Stewart, Ga., Mastrangelo was acknowledged by Maj. Gen. Anthony Cucolo as The youngest soldier (age 18) in the 2nd Brigade Combat Team to earn the coveted Expert Infantry Badge with all fi rst-time Gos. Congratulations, Matthew!

    Congratulations to Pvt. Thomas J. Saitz of Oakley on successfully completing Ma-rine Corps boot camp on Feb. 27. Saitz will attend the Marine Corps School of Infantry in San Diego at Camp Pendleton. Thomas is a 2008 graduate of Freedom High School in Oakley.

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  • 10A | THEPRESS.NET BACK TO SCHOOL JULY 31, 2009

    22 888882008

    GOL

    D MEDALAWARD

    Yearly Income

    For each additional family member add:

    For each additional family member add:

    Monthly Income

    Twice per Month

    Free Eligibility Scale: Lunch, Breakfast, MilkEvery Two

    WeeksWeekly Income

    Household Size

    1

    2

    3

    4

    5

    7

    8

    6

    $14,079

    $18,941

    $23,803

    $28,665

    $33,527

    $43,251

    $48,113

    $1,174

    $1,579

    $1,984

    $2,389

    $2,794

    $3,605

    $4,010

    $587

    $790

    $992

    $1,195

    $1,397

    $1,803

    $2,005

    $542

    $729

    $916

    $1,103

    $1,290

    $1,664

    $1,851

    $271

    $365

    $458

    $552

    $645

    $832

    $926

    $38,389 $3,200 $1,600 $1,477 $739

    Reduced-Price Eligibility Scale: Lunch, BreakfastHousehold

    SizeYearly

    IncomeMonthly Income

    Twice per Month

    Every Two Weeks

    Weekly Income

    1

    2

    3

    4

    5

    7

    8

    6

    $20,036

    $26,955

    $33,874

    $40,793

    $47,712

    $61,550

    $68,469

    $1,670

    $2,247

    $2,823

    $3,400

    $3,976

    $5,130

    $5,706

    $835

    $1,124

    $1,412

    $1,700

    $1,988

    $2,565

    $2,853

    $771

    $1,037

    $1,303

    $1,569

    $1,836

    $2,368

    $2,634

    $386

    $519

    $652

    $785

    $918

    $54,631 $4,553 $2,277 $2,102 $1,051

    $1,184

    $1,317

    $6,919 $577 $289 $267 $134

    $4,862 $406 $203 $187 $94

    Children from households whose income is at or below the levels shown here are eligible for free or reduced-price meals in the Liberty Union, Brentwood Union, Byron Union, Knightsen, and Oakley Union school districts.

    Source: California Department of Education John Carter/Press Graphic

    Antioch teacher Lisa McBride sees the challenges from two sides, as a parent and a teacher. For the Sutter Elementary educator, a community posting spot would be heaven sent.

    Yes, as a parent I feel the crunch, and as a teacher, we ask and ask and ask, and feel ter-rible about the burden we are placing on the parents of public school children for what we have to ask for, said McBride. Yes, I would absolutely post my wishes, and bless the saint that fulfi lls them.

    Rick Rogers, Oakley Union School Dis-trict superintendent, said a community wish list has defi nite benefi ts: I would be support-ive of this creative idea, especially given these challenging economic times. It would be great for teachers to have a system by which they could post their wish lists items and update them as needed.

    Byron Union School District Superin-tendent Eric Prater gives the idea two thumbs up.

    I personally think its a great idea, said Prater. And what I love about this concept is that it allows teachers to really think about it and be specifi c about what they need, instead of asking for just a gen-

    eral contribution. Im all for it.The Knightsen School District, known

    for its can-do approach to education, would certainly be onboard with a plan such as Bar-tlings, said Knightsen Superintendent Vickey Rinehart.

    The Knightsen community and the Knightsen School District staff are always there to work together and help toward a goal that helps others. I think its an excellent idea.

    While the details are still to be worked out, Bartling said the response within her dis-trict has been great: There are companies out there that dont know that the binders they were going to throw away could be used by a classroom or that the pencils that they ordered that have the wrong number could greatly fi ll a need.

    If each school composed a list of their greatest needs, I think that this community would support it one-hundred percent.

    The Press thinks so too, and starting next week we will begin posting individual lists on our Web site. Interested teachers are encour-aged to e-mail their classroom wishes to us at [email protected]. Items will be posted and updated on a regular basis as theyre submitted.

    Wish lists from page 9A

  • JULY 31, 2009 BACK TO SCHOOL THEPRESS.NET | 11A

    Parsons said since the school popula-tion increased by about 125 students, he was concerned about traffi c. But the majority of students arrived to school on time and were in class when the fi nal bell rang a fi rst since the school opened fi ve years ago.

    Overall, the Liberty Union High School District has seen an increase of about 3 per-cent this year, according to Superintendent Jerry Glenn.

    He said that while the districts popula-tion growth is signifi cantly lower than in the past, hes satisfi ed with the current numbers, especially since the district is working to fi nd ways to cope with the state budget cuts.

    Its not business as usual around here, Glenn said. Weve been hit hard by the state budget cuts, and we dont have the resources that we used to, but we are doing what we can to limit the impact on the students. Hopefully this isnt a fatal blow, but cuts will have to be made.

    Glenn said cuts would most likely affect the athletics program, citing a projected reduc-tion in coaching staff, plus student clubs and organizations. By making those cuts, Glenn hopes to keep the impact of budget cuts out of the classroom, but he admits that class sizes might increase in the future.

    Oakley Union Elementary School Dis-trict Superintendent Rick Rogers is also grap-pling with budget cuts and limited resources, but said his biggest disappointment about the beginning of the school year is the number of students who fail to attend opening classes due ignorance of the early start. Its really discour-aging when some families schedule their vaca-tions late in the year or dont realize that the

    school year has started not making educa-tion a priority, but it happens every year. Were still on target to hit our projected enrollment for the year of about 4,600 students.

    Over in the Byron Union School Dis-trict, Superintendent Eric Prater spent the fi rst day back to school, touring the districts three schools. It was a mad rush to get everything done, but we pulled it off, said Prater. With only seven weeks off, the school year really sneaks up on you, but we got off to a good start this week. Im jazzed to be back.

    Despite budget cuts, Prater said its im-portant to fulfi ll basic needs while moving for-ward. The Byron district was fortunate enough to set up four new computer labs over the sum-mer with the help of Measure C funding, and the technology upgrade is key to maintaining the districts positive attitude about the future.

    To help working families during the re-cession, the district established a new before-and-after-school day care program called The Academy. Everyone is struggling right now, and we want to do our part to help families get through these tough times, Prater said.

    Knightsen School District could use some rescuing of its own. Superintendent Vickey Rine-hart said the campaign to Save Old River (School) marches on, but on a good note, the schools en-rollment increased by 25 students this year with the addition of sixth grade. Old Rivers entire stu-dent body of 152 students gathered for a group picture on Tuesday, and while the district still needs more funds to keep the school open for the entire school year, Rinehart remains optimistic. We still need more funding, she said, but were plugging along. Well use the energy of back-to-school to fuel the efforts to save Old River.

    Start from page 8A

    Sell to be recorded in the County where the real property is located and more than three months have elapsed since such recordation. Compli-ance with California Civil Code Section 2923.52: The Bene ciary or Bene ciarys agent has in-dicated that the requirements of California Civil Code Section 2923.52 have been met. DECLARA-TION PURSUANT TO CAL. CIV. CODE SECTION 2923.5(b): The undersigned mortgagee, bene -ciary or authorized agent hereby declares under penalty of perjury, under the laws of the State of California, as follows: The mortgagee, bene ciary or authorized agent has contacted the borrower to discuss the borrowers nancial situation and to explore options for the borrower to avoid fore-closure in compliance with Cal. Civ. Code Section 2923.5. Thirty days or more have elapsed since the borrower was contacted. Date: 4/9/2009 Compli-ance with California Civil Code Section 2924.f: 1. Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the bene ciary, loan servicer or authorized agent, declares as follows: X Servicer does hereby state that Servicer has ob-tained from the commissioner a nal or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date of the notice of sale is led. 2. Timeframe for giving notice of sale speci ed in subdivision (a) Section 2923.52 Does X Does not apply pursuant to section 2923.52 or 2923.55 Dated: 07/31/2009 MTC FINANCIAL INC. DBA TRUSTEE CORPS, as Successor Trustee By: CARLOS F QUEZADA, TRUSTEE SALES OFFI-CER *TRUSTEE CORPS* 2112 BUSINESS CENTER DRIVE, 2ND FLOOR, IRVINE, CA 92612 FOR SALE INFORMATION CONTACT: (714)730-2727, (714) 724-7500, (949) 252-8300 FOR REINSTATEMENT / PAY OFF REQUESTS CONTACT: (949) 252-8300 ASAP# 3207134 07/31/2009, 08/07/2009, 08/14/2009 Antioch Press No. 06-1617 Publish Dates: July 31, August 7, 14, 2009

    NOTICE OF TRUSTEES SALE Trustee Sale No. 09-02624-6 CA Loan No. 0030699904 Title Order No. 090286692-CA-DCI APN 095-042-003 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED August 15, 2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROP-ERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On August 20, 2009, at 10:00 AM, at the Court Street entrance to the County Courthouse, 725 Court Street (corner of Main and Court Street), Martinez, CA, Power Default Services, Inc., as the duly appointed Trustee un-der and pursuant to the power of sale contained in that certain Deed of Trust Recorded on August 23, 2005, as Instrument No. 2005-0317888-00 of Of cial Records in the of ce of the Recorder of Contra Costa County, CA , executed by: ALVARO RECINOS, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AND ARMANDO RE-CINOS, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS JOINT TENANTS, as Trustor, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC as Bene ciary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER, in lawful money of the United States, all payable at the time of sale, that certain property situated in said County, California describing the land therein as: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST The property heretofore

    NOTICE OF TRUSTEES SALE Trustee Sale # CA0939943-2 Loan# 1007759085 Order # 090243319 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 05/25/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROP-ERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 08/20/2009 at 10:00AM, MTC FINANCIAL INC., dba TRUSTEE CORPS as the duly appointed Substituted Trustee under and pursuant to Deed of Trust Recorded on 06/02/2006 as Document No. 2006-0174792-00 of of cial re-cords in the Of ce of the Recorder of Contra Costa County, CALIFORNIA, executed by: HOMER L STE-PHENS II AND DORIS M STEPHENS, HUSBAND AND WIFE AS JOINT TENANTS, as Trustor, IN-DYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK, as Bene ciary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (payable at time of sale in lawful money of the United States, by cash a cashiers check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan as-sociation, savings association, or savings bank speci ed in section 5102 of the Financial Code and authorized to do business in this state). AT: THE COURT STREET ENTRANCE TO THE COUNTY COURTHOUSE, 725 COURT STREET (CORNER OF MAIN AND COURT STREET), MARTINEZ, CA The property heretofore described is being sold as is. All right, title and interest conveyed to and now held by it under said Deed of Trust in the prop-erty situated in said County and State describing the land therein: APN # 086-260-034 LOT 34 MAP OF SUBDIVISION 7905, FILED APRIL 19, 1996, MAP BOOK 386, PAGE 14, COVENANTS, CONDI-TIONS AND RESTRICTIONS AND AMENDED BY CERTIFICATE OF CORRECTION RECORDED MAY 12, 1997, SERIES NO. 97-79016. The street address and other common designation, if any, of the real property described above is purported to be: 222 CHABOT COURT, PITTSBURG, CA 94565 The un-dersigned Trustee disclaims any liability for any in-correctness of the street address and other com-mon designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the Note(s) secured by said Deed of Trust, with interest thereon, as provided in said Note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publicatiaon of the Notice of Trustees Sale is: $375,870.03 (esti-mated amount). Accrued interest and additional advances, if any, will increase this gure prior to sale. If the Trustee is unable to convey title for any reason, the successful bidders sole and exclu-sive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. The Bene ciary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of De-fault and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to

    described is being sold as is. The street address and other common designation, if any, of the real property described above is purported to be: 269 CLEVELAND AVENUE, BAY POINT, CA 94565 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made without covenant or warranty, express or implied, regarding title, possession, or encumbrances, to pay the remaining unpaid balance of the obligations secured by and pursu-ant to the power of sale contained in that certain Deed of Trust (together with any modi cations thereto). The total amount of the unpaid balance of the obligations secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publica-tion of this Notice of Trustees Sale is estimated to be $398,182.61 (Estimated), provided, how-ever, prepayment premiums, accrued interest and advances will increase this gure prior to sale. Bene ciarys bid at said sale may include all or part of said amount. In addition to cash, the Trustee will accept a cashiers check drawn on a state or national bank, a check drawn by a state or federal credit union or a check drawn by a state or federal savings and loan association, savings association or savings bank speci ed in Section 5102 of the California Financial Code and authorized to do business in California, or other such funds as may be acceptable to the trustee In the event tender other than cash is accepted, the Trustee may withhold the issuance of the Trust-ees Deed Upon Sale until funds become available to the payee or endorsee as a matter of right. The property offered for sale excludes all funds held on account by the property receiver, if applicable. DATE: July 23, 2009 POWER DEFAULT SERVICES. INC., Trustee By: Fidelity National Title Company, its agent 17911 Von Karman Ave, Suite 275, Irvine, CA 92614, 949-622-5730 By: Juan Enriquez, Autho-rized Signature The undersigned mortgagee, ben-e ciary or authorized agent for the mortgagee or bene ciary pursuant to California Civil Code 2923 52(c) declares that the mortgagee, bene ciary or the mortgagees or bene ciarys authorized agent has obtained an exemption from the state regula-tor that is current and valid and the additional 90 day period does not apply This loan servicer has implemented a comprehensive loan modi cation program that meets the requirements of civil code section California Civil Code 2923.53. Regarding the property that is the subject of this notice of sale, the mortgage loan servicer as de ned in Civil Code 2923 53(k)(3) declares that it has ob-tained from the Commissioner a nal or temporary order of exemption pursuant to Civil Code sec-tion 2923.53 that is current and valid on the date this notice of sale is recorded. The time frame for giving a notice of sale speci ed in Civil Code Section 2923.52 subdivision (a) does not apply to this notice of sale pursuant to Civil Code Sec-tions 2923.52. Fidelity National Title Company as Agent for the mortgage loan servicer as de ned under California Civil Code section 2923.53 (k)(3) By: Juan Enriquez, Authorized Signature SALE INFORMATION CAN BE OBTAINED ON LINE AT www. delityasap.com AUTOMATED SALES INFORMATION PLEASE CALL 714-259-7850 ASAP# 3205983 07/31/2009, 08/07/2009, 08/14/2009 Antioch Press No. 06-1617 Publish Dates: July 31, August 7, 14, 2009

    LEGAL NOTICESLEGAL NOTICES LEGAL NOTICES

  • 12A | THEPRESS.NET JULY 31, 2009

    NOTICE OF TRUSTEES SALE Trustee Sale # CA0938457-2 Loan# 1063268612 Order # 4058248 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DAT-ED 08/07/2007. UNLESS YOU TAKE AC-TION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NA-TURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 08/20/2009 at 10:00AM, MTC FINAN-CIAL INC., dba TRUSTEE CORPS as the duly appointed Substituted Trustee under and pursuant to Deed of Trust Recorded on 08/15/2007 as Document No. 2007-0234120-00 of of cial records in the Of ce of the Recorder of Contra Costa County, CALIFORNIA, executed by: JUAN M. MADRIGAL, A MARRIED MAN, as Trustor, JPMORGAN CHASE BANK, N.A., as Ben-e ciary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (payable at time of sale in lawful money of the United States, by cash a cashiers check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or fed-eral savings and loan association, savings association, or savings bank speci ed in section 5102 of the Financial Code and authorized to do business in this state). AT: THE COURT STREET ENTRANCE TO

    THE COUNTY COURTHOUSE, 725 COURT STREET (CORNER OF MAIN AND COURT STREET), MARTINEZ, CA The property heretofore described is being sold as is. All right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State describing the land therein: APN # 066-135-005-8 LOT 8, BLOCK 35, TOWN OF ANTIOCH, AS PER MAPS THEREOF ON FILE IN THE OFFICE OF THE RECORDER OF THE COUNTY OF CONTRA COSTA. The street address and other common designation, if any, of the real property described above is purported to be: 918 W 6TH ST, ANTIOCH, CA 94509 The under-signed Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the Note(s) secured by said Deed of Trust, with interest thereon, as provided in said Note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable

    estimated costs, expenses and advances at the time of the initial publication of the Notice of Trustees Sale is: $340,906.98 (estimated amount). Accrued interest and additional advances, if any, will increase this gure prior to sale. If the Trustee is unable to convey title for any reason, the successful bidders sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. The Bene ciary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said No-tice of Default and Election to Sell to be recorded in the County where the real property is located and more than three months have elapsed since such recor-dation. Compliance with California Civil Code Section 2923.52: The Bene ciary or Bene ciarys agent has indicated that the requirements of California Civil Code Section 2923.52 have been met. Decla-ration Per CA Civil Code Section 2923.5 The undersigned of cer or custodian of records for CHASE HOME FINANCE LLC {Servicer) does hereby declare as fol-lows: That Servicer is the Bene ciary or acting as agent of the Bene ciary who is

    a party to a Deed of Trust securing certain real property commonly known as 918 W 6th ST ANTIOCH, CA 94509 and located in CONTRA COSTA COUNTY said Deed of Trust secures a loan in made to MADRI-GAL, JUAN (Borrower). Servicer does hereby state that Servicer has contacted the Borrower to (1) assess the borrowers nancial situation; (2) explore options with the Borrower to avoid foreclosure such as repayment plans, forbearance agreements and/or loan modi cations; (3) inform Borrower of Borrowers right to a subsequent meeting to be sched-uled within 14 days of said contact; and (4) provide Borrower with a toll-free number to a HUD certi ed counseling agency. This declaration is made for the purpose of inducing MTC Financial Inc. dba Trustee Corps, to proceed with the l-ing of a Notice of Default and/or a Notice of Sale under a Deed of Trust in which the undersigned has an interest knowing that the Trustee will rely upon the truth and accuracy of the statements contained herein in commencing and handling such foreclosure action up to and including l-ing the Notice of Sale on the foreclosure. I declare under penalty of perjury of the State of California that to the best of my, knowledge the foregoing statements are true and correct. WITNESS my signature

    this 31 day of March. Compliance with California Civil Code Section 2924.f: 1. Pur-suant to California Civil Code 2923.54 the undersigned, on behalf of the bene ciary, loan servicer or authorized agent, de-clares as follows: X Servicer does hereby state that Servicer has obtained from the commissioner a nal or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date of the notice of sale is led. 2. Timeframe for giving notice of sale speci ed in subdivi-sion (a) Section 2923.52 Does X Does not apply pursuant to section 2923.52 or 2923.55 Dated: 07/31/2009 MTC FINAN-CIAL INC. DBA TRUSTEE CORPS, as Suc-cessor Trustee By: CARLOS F QUEZADA, TRUSTEE SALES OFFICER *TRUSTEE CORPS* 2112 BUSINESS CENTER DRIVE, 2ND FLOOR, IRVINE, CA 92612 FOR SALE INFORMATION CONTACT: (714)730-2727, (714) 724-7500, (949) 252-8300 FOR REINSTATEMENT / PAY OFF REQUESTS CONTACT: (949) 252-8300 ASAP# 3206619 07/31/2009, 08/07/2009, 08/14/2009Antioch Press No. 06-1617Publish Dates: July 31, August 7, 14, 2009

    NOTICE OF PUBLIC HEARINGNotice is hereby given that the City Coun-cil of the City of Brentwood will hold a public hearing at 7:00 p.m. or as soon

    thereafter as the normal course of busi-ness permits on August 11, 2009, to con-sider the following matter: Consideration of a Resolution placing an assessment on real property (756 Marjo-ram Drive) for the recoverable costs as-sociated with an abatement performed by the City. Said hearing will be held at the City Coun-cil Chambers, 734 Third Street, Brent-wood, CA 94513. Further information may be obtained from City Hall, 708 Third Street, Brentwood, California 94513, (925) 516-5400. If you challenge the City Councils action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence de-livered to the Brentwood City Council at, or prior to, the public hearing. Dated: July 28, 2009 /s/__________________________Margaret Wimberly, CMC City Clerk Publish: July 31, 2009Brentwood Press No. 02-1273Publish Date: July 31, 2009

    NOTICE OF PROPOSED ORDINANCESUMMARY OF ORDINANCE NO. 875

    AN ORDINANCE OF THE CITY COUNCIL

    OF THE CITY OF BRENTWOOD AMEND-ING CITY COUNCIL/ADMINISTRATIVE POLICY NO. 10-13, SIGNATURE AU-THOIRTY RELATED TO SIGNATURE AU-THORITY FOR CREDIT APPLICATIONS, DEPARTMENT OF MOTOR VEHICLE PA-PERWORK, AND GRANT APPLICATIONS. THE FOREGOING ORDINANCE was in-troduced with the rst reading waived at a regular meeting of the Brentwood City Council on the 28th day of July, 2009, by the following vote:AYES: Councilmembers Becnel, Brock-man, Richey, Stonebarger, TaylorNOES: NoneABSENT: NoneABSTAIN: NoneATTEST:/s/_______________________Margaret Wimberly, CMCCity ClerkA certi ed copy of the full text of the proposed ordinance is posted and may be read in full in the City Clerks Of ce at 708 Third Street, Brentwood, California, or a copy may be obtained from that of- ce based on the Citys actual cost for duplicating. Proposed date of adoption by City Coun-cil: August 11, 2009Brentwood Press No. 02-1273Publish Date: July 31, 2009

    LEGAL NOTICES LEGAL NOTICESLEGAL NOTICES LEGAL NOTICES LEGAL NOTICESLEGAL NOTICESLEGAL NOTICES

  • Tea Partiers doing what they canEditor:

    My name is Steve Cichosz and I am proud to say that I am a supporter of the Tea Party activities. I can only say this because of the people who participate in this organization. They are not right-wing Republican zealots, though I have met associated Republicans, just as I have met associated Democrats. As a matter of fact, one of the fi rst suggestions made to us when my wife and I attended our fi rst meeting was to reregister as an independent voter.

    The people attending these meetings are everyday people like me, a systems ana-lyst with a hobbyist penchant for landscap-ing. At the meetings have been engineers, housewives, the retired and more. There are those you could call young and those you could call old regardless of your defi ni-tion for these terms. What everyone does have in common is strong disappointment in our government.

    The concerns of the Tea Party events I attended go much further back than last January. Many of the discussed concerns are considered as having root causes as far back as the early 20th century. Primarily, though, the topic is the consistent degradation of our government to the money-shuffl ing, lobbyist-serving, vote-hustling, power-grab-bing bunch they have become.

    I dont think people who naively criti-cize these people trying to make a difference that matters by reducing everything to an empty and distracting bickering between two political parties quite understand whats at stake here its our country, folks. The very freedoms and prosperity that made us the only nation left on this planet consid-ered, without question, to be the last super-power are near collapse and remain under siege by an assailant we never expected to be our most serious threat, ourselves.

    It is easy for us to point the fi nger at another person and group to say their fault. Its easy to point the fi nger at our president and say youre spending us into bankruptcy and breaking your promises

    without taking even a moment to under-stand we have all broken promises when faced with new information.

    It is easy to blame the past president for singlehandedly leading an entire Republican Party down a path creating our current situation, and forget to acknowledge that there was a Democratic Congress in place about the time things really started going economically south.

    Its easy to blame our congressmen (and women) and our senators for making decisions we consider horrendous or even illegal, and forget that we elected them and then worse, we ignored them and their an-tics while going about our own little singular lives.

    I say these things not in the arrogance of someone who feels they are doing some-thing more than another, but in the humility of someone who for most of his life did not. I say these things as someone who has fi -nally realized himself to be the somebody in somebody has to do something.

    Yes, the Tea Party does protest, and I dislike doing it, but we do it so others can see they are not alone in their frustration. Yes you may fi nd a Tea Party discombobu-lated, but they are everyday folks new to these kinds of things and trying to fi gure it out. You may fi nd their message a bit un-clear or off the mark, but they are out there and they are doing something.

    So the next time someone decides to use some disrespectful aspersion like Republican, lunatic or tea bagger from the comfort of their own routine, please keep in mind the only tea bagging going on with this crowd is in a cup at the local Starbucks. Thats where people come together at 0830 Saturday morning to actu-ally do something about taking back this great country of ours from the miscreants on both sides of the political aisle. These are people who, for the most part, would rather be home waiting for somebody else to do something.

    Steve ChichoszBrentwood

    Security charity starts at homeEditor:

    We all stood up at the meetings. We all demanded the Sheriff not use our funds outside of Discovery Bay. We all demanded a say in the allocation. Now, every time I come home, I see police offi cers.

    I was a terrible teenager and drove like a jerk, acquiring many, many tickets in my younger youth. Every time I see a police car, I get a little nervous, even though Im not breaking the law. I guess that is how we want all of the thousands of would-be criminals in our town to feel.

    Budgets have been slashed. Deputies are losing their jobs. Coverage is slim to none in places that really, and I mean really, need it. Places where crimes are not limited to parking in tow-away zones, street art of

    idle youth, and driving without a seat belt. Places where meth addicts are neglecting their children and wives are being beaten and drive-by shootings happen at middle schools.

    I feel foolish and selfi sh. The Sheriff has to consider those places and know what is going on, know we have the money to help, but he cant share it. Hes got to keep two full-time offi cers in the live where we play town. Charity starts at home, folks. Maybe after we see the murder rates go up in our neighboring cities, well ponder the errors of our ways.

    Or maybe not. Maybe well just be happy our BMWs are safe.

    Jessica DawsonDiscovery Bay

    Same old storyEditor:

    Isnt it common knowledge that Dis-covery Builders and AD Seeno construction are one and the same? They failed to get the needed permits to cut down 162 trees. It was not an intentional act, according to Jackie Seeno; we had a miscommunication, she says. Is that the best the Seeno can come up with as an excuse? You would think by now the excuses would be better thought out, but maybe for the City of Oakley, thats enough.

    It was a terrible disconnect and the guys in the fi eld. Yeah right, the guys in the fi eld dont use the outhouse without Seenos knowledge. Throw in an extra 34 trees and Anderson appreciates it, understanding how a communication problem can happen. Are we really sure a communication problem actually exists or is this the same old story: do whatever we feel like and pay later?

    Do you follow the news? Seeno has been doing this for years and getting away with it. Bryan and Bill could fi ne them $25,000; that would like fi ning me a nickel except for me, I could use the nickel.

    Now that the trees are gone, what is holding down the soil so it doesnt blow into the neighborhood, or would it be too much to ask for an occasional drenching with a water truck to do what was done naturally by the trees?

    Kevin wants to send them a message so they think four times next time. How about 3 million reasons, like the last fi ne they got? This is Oakley, not Pittseenoburg!

    Hilly RodriguezOakley

    Beaucoups Blu BayouEditor:

    What a fun time was enjoyed by the 132 ladies who participated in Discovery Bay Breakers Blue Bayou Invitational at the Discovery Bay Country Club. Winners received lots of cash for their superior play in the golf competition, while all participants took home several gifts.

    At each hole were massages and gift certifi cates from Jan Todorovic of the Spa & Salon at Discovery Bay, barbecued garlic

    oysters and sausages from Jason Pryde and his team at First Priority Financial; the Three Amigos Alberto Delgado, Ron Pellegrini Associates & Bill Loftin of Coldwell Banker/Amaral & Associates served margaritas and bloody marys; Surdez Insurance Services (Cathy and Steve Surdez) presented $100 cash to each of the two Closest to the Pin winners, plus donated a huge spa basket. Margaritas provided by the Discovery Bay Country Club were served by The Allen Group (LaVerda Allen/Gordon) and Socher Insurance (Jack Socher/Saul Gold); Dis-covery on the Boardwalks Heather Travers gave merchandise gift certifi cates, water and snacks; Wayne DAnna and son Michael of DAnna Yacht Sales and NuSkin Anti-Aging Products raffl ed off a spa basket; and Tom Lee and Milt Baehr ran a casino spin.

    Other hole sponsors included Milt and Jan Baehr (bottled water in carts), Antioch Accredited Kids Club Preschool plus a Mary Kay gift basket (Carolyn and John Moski), AutoBug PVL (Allen Bellinghausen), and Tim Pharr and Nadine Kelly of United Spas Manufacturing, Inc.

    In the silent auction: Jason Pryde (First Priority Financial) offered fi ve days at a condo in Cabo San Lucas; Mike Guzzardo of 94505 Home Sales auctioned a day of sail-boat racing on San Francisco Bay and dinner at the St. Francis Yacht Club, provided by Lorna and Tom Lee; Balfour Dermatology and Dr. Robert E. Baer offered one hour of Microderm; three months of unlimited tanning from Dee Dee Hickersons La Playa Boutique; nine-hole golf lesson from DB golf pro Greg Meisner and DB pro shop tournament coordinator Jon Miller; two gorgeous wine baskets, one donated by Cathy and Ron Pellegrini and the other by Becky and Tom Bloomfi eld of the Contra Costa Wine Company.

    John Battaglia, a master golf instruc-tor, offered one hour of golf instruction at the John McLean Golf School; Cathy Bellinghausen donated wine tasting con-sultant Kathi Reeds Host-a-Tasting wine tasting event for 16 guests in your home; and fi nally, a lunch gift certifi cate from Deano Lovecchio, manager of the Grill at Wente Vineyards.

    A special acknowledgement to the fol-lowing hole supporters, who contributed to this events success: Jack and Lynn Battaglia, Billy and Ann Guinn, Linda Humbert (in honor of Charles Humbert) and Judy De-Paoli (in honor of John De Paoli), Mike and Sharon Luddy, Cathy Pellegrini, Kristin and Sam Villyard, Sue Wiebe and Sue Socher, and Bill and Katie Wood.

    Finally, special recognition goes to Muriel and Lou Bruton of Photo Events for providing immediate team photos to each participant, and to Jerry Wiebe for the audio and visual presentations.

    Thank you, Discovery Bay and our local businesses!

    Discovery Bay Breakers

    JULY 31, 2009 THEPRESS.NET | 13A

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  • 16A | THEPRESS.NET JULY 31, 2009

  • Lions are hoping to pounce back

    Although rebounding is a skill associated more with basketball than football, the Lib-erty High football team is hoping for a major rebound from last years tough 2-8 season. It actually didnt start out that bad for the Lions they were 2-2 after the fi rst four games, beat-ing Livermore and scoring a season high 28 points in a victory over Hogan.

    But the wheels fell off on both offense and defense once league play started due to numerous injuries in a team that had not been very deep to begin with. The nadir was a three-week stretch against Heritage, Deer Valley and Pittsburg in which they were col-lectively outscored 128-0. They managed to put 15 points on the board in the fi nale, but lost to Freedom, which scored 41.

    Last year it was interesting, said Head Coach Nate Smith. We played the meat of our BVAL schedule, defensively speaking, without a lot of the bullets we had in the gun to start the season. I am not saying that would have made a huge difference. We were not on a level athletically with the other teams.

    While Lions fans are hoping for bigger and better things this season, it could be an-other challenging year due to players inex-perience.

    We are going to be really young this year, said Smith. Thats both our positive and our negative. The kids we have coming up that are going to be juniors have been suc-cessful at the lower levels. Last year the JV team was 6-4; three of those four losses came by less than a touchdown. Its a much more talented group coming up.

    Its a blessing and a curse, because we dont have any varsity experience coming back. Thats going to be the thing we have to overcome: developing leadership that we can count on early in the season before we get to BVAL play. We dont have anybody coming back thats been in a pressure varsity experi-ence and knows how to handle that.

    Eight or nine of the 11 Lions on the fi eld at any one time will likely be playing in their fi rst varsity games. So the team will be rely-ing on the few veterans to step up and show the younger players how to get it done. One of those is all-league defensive back Antonio Johnson, who was third on the team with 34 tackles last year, according to maxpreps.

    com. Hell be playing outside linebacker on defense and also will be a running back on offense. Were hopeful hell have a big year, said Smith.

    Also returning is Garrett Slocum, a cor-nerback who will also play wide receiver. He was one of the half-dozen players who were injured and missed league action last season. Hes stepped into a leadership role for us, said Smith.

    Of the newcomers, a potential standout is Shawn Vasquez, who was the offensive and defensive MVP on last years JV team, aver-aging eight to nine yards per carry. Smith is also looking forward to seeing what Caleb Moravec can do this season after playing three games last season before breaking his leg.

    The big question mark at this point is who will be at quarterback. Three players: Moravec, Bevyn Parsons and Xavier Alex-ander each of whom has different strengths are competing for the top spot.

    Moravec is the best runner and blocker of the group, said Smith. Parsons does a great job leading the team. He knows the playbook in and out and probably has the quickest release passing the ball. Hes also a capable runner as well. Alexander has the height and the best arm on the team. Where each of them excels, the others need improve-ment. Its a very likely scenario that we could have a two-headed quarterback situation, where everybody has to do a little bit of some-thing, but based on what we need at that time

    dictates whos in that position.Smith is optimistic that things

    will go better for his team this year. We have better team speed, he said. We have better talent. The thing we cant predict right now is how our kids are going to be as far as handling that varsity competi-tion. The other thing is whereas we do have a couple of good-sized individuals, we are fairly small as a team. We held our own against bigger teams at our camp this sum-mer.

    Our kids have been working hard all off-season. They are go-ing to earn their worth on the fi eld. Whatever comes, any success they might have, they will put in the time to earn it. We hope to see the fruits of that labor as they mature and grow to a varsity football team.

    Theyll get their fi rst test at home on Sept. 9 vs. Clayton Val-ley, followed by home games on Sept. 11 vs. Livermore and Sept. 18 vs. Lowell. Then theyre on the road Oct. 2 at McNair and Oct. 9 at Oakland. League play kicks off with an Oct. 16 home game vs. An-tioch, followed by games on Oct. 23 at Heritage, Oct. 30 at Deer Valley, Nov. 6 hosting Pittsburg and either Nov. 13 or 14 hosting Freedom in the Bell Game.

    Libertys football team, seen here in a loss to Heritage last season, is hoping for better things this season.

    Press file photo

    by Dave RobertsStaff Writer

    2B | THEPRESS.NET SPORTS JULY 31, 2009

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  • Trevors Weekly Mortgage MattersBy Trevor Frey

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  • JULY 31, 2009 SPORTS THEPRESS.NET | 5B

    more Streets streets. It will be divided into four small soccer fi elds for players under 8, freeing up Garin Park, where they had been playing, for older kids to use, according to EDYSL President Sash Migay.

    We are thankful that Streets is look-ing to be a part of the community and get involved for the kids, said Migay.

    The league must provide insurance and pay for maintenance, which he estimates at $600 per month a nice savings over the $1,000/month it costs to rent a fi eld from the City of Brentwood.

    The donation comes just in time for the start of the new season, which begins Aug. 1 and runs through November. The league has 140 teams in the various age groups who play 10 to 12 games per season.

    When asked why soccer is so popular as a participant sport, Migay said, Its a game for all abilities, girls as well as boys. Baseball is popular, but the kids are standing around. In soccer they can be on the run and on the go, which kids love to do.

    For more information, go online to www.edysl.net.

    Soccer from page 1B

    races the teams No. 76 Henchcraft/Su-zuki.

    Depending on track location, cars are either winged or unwinged, said Hoover. The track conditions will deter-mine the stagger the difference in size of the inside and outside tires to get the best left-hand turning performance. For tonight, were running a stagger of nine inches, which will give us better handling

    on this track. Fans of BCRA Midget Lite racing

    can catch these outstanding drivers and their teams at Placerville Speedway tomor-row afternoon (Aug. 1). For more informa-tion, visit www.bcraml.com. The Antioch Speedway at the county fairgrounds on 10th Street in Antioch hosts races each Saturday night until October. Visit www.antiochspeedway.com or call 925-779-9220.

    Lites from page 1B

    In spite of triple-digit heat, the Brentwood Pony Trav