Archive for September, 2015

Estate Planning: How do I restrain financial power?

Sunday, September 13th, 2015

Matthew Hart column logoBy Matthew Hart, Esq.

Last month I introduced the Durable Power of Attorney or DPA, for short. To recap, your agent with this power can do pretty much anything you can do financially, but they can do it in your name, such as take out a credit card in your name. Being an attorney, I am always concerned with checks and balances. As stated in the previous month’s column this power is critically needed by every adult but how do we keep bad things from happening?

First, you never put anyone in charge that you don’t trust, today to take charge of all of your money. If you hesitate at that thought, then you are considering the wrong person. Choosing the right person is critical.

Next, for the bulk of my clients I recommend a Springing Durable Power of Attorney. A springing DPA only “springs” into effect upon your incapacity. Therefore, even if your agent got a hold of a copy of your DPA they could not use it for bad things while you have capacity.

Contrast that to an Immediate DPA which takes effect the day it is signed. I have seen greedy children do a lot of damage with an immediate DPA therefore be sure you have a good reason to have an immediate DPA.

Next month I will address Bank DPA’s and Internet DPA’s.

Matthew Hart is a California Licensed Attorney who is an Estate Planning, Trust & Probate Law Specialist certified by the State Bar of California. He can be reached at 925-754-2000 or www.MatthewHartLaw.com and he has offices in Antioch and Walnut Creek.

Glazer, Frazier, Bonilla and Baker all vote for assisted suicide bill, heads to Gov. Brown’s desk

Saturday, September 12th, 2015

By Allen Payton

The members of the State Senate and Assembly, representing Antioch, East County and Central Contra Costa County, all voted, this week, in favor of AB2X-15, the bill to allow for physician assisted suicide in California.

Labeled the End of Life Option Act, the bill, if signed into law by Governor Jerry Brown, will allow a doctor to prescribe a lethal dose of drugs to a mentally competent person who is diagnosed by two California physicians with having six months or less to live.

It passed the State Senate on a party line vote, with 23 Democrats, including Steve Glazer, who represents Antioch and was elected in a special election in June, voting in favor and 14 Republicans voting against. Two Democrats and one Republican didn’t vote.

Earlier in the week, the State Assembly passed it on a 44-35-1 vote, with Democrat Assemblymembers Jim Frazier, who represents Antioch, and Susan Bonilla from Concord, voting in favor. All but three Republicans voted against the bill. One of them was Catharine Baker, who was elected last year, representing the San Ramon Valley, and is the only Republican in the state legislature in the entire San Francisco Bay Area. Ten Democrats joined the other 25 Republicans in voting against the bill. One Democrat didn’t vote.

The bill, originally SB128 which was co-authored by Glazer, died in the Assembly, in July. It was resurrected with the new number. For the complete text of the bill and vote history, visit http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520162AB15.

To contact Gov. Brown’s office, visit https://govnews.ca.gov/gov39mail/mail.php.

Local ministry to offer free showers, with mobile unit, for Antioch’s homeless community starting Sunday

Friday, September 11th, 2015
Inside one of the mobile shower units by Shower House Ministries.

Inside one of the mobile shower units by Shower House Ministries.

By Jerri Langlais

Finally, there’s some good news for the homeless in our community, starting this Sunday, September 13. Showerhouse Ministries, led by Ken Rickner, is bringing a shower trailer to L Street near the marina, in Antioch’s downtown, at 10:00 a.m. He has given the name Showers of Hope to the effort.

The trailer can be moved to different locations to provide showers and other items such as toothbrushes, toothpaste, combs and deodorant, and there will be other ministries coming alongside who will be bringing socks, underwear and clothing, and haircuts, for those who until now have had little or no access to bathing facilities and these other items. It will have two regular shower stalls and one larger one to accommodate handicapped persons.

While doing outreach on the streets, Ken saw the need for showers, and the brokenness, too, and felt the need to do something about it. And after much prayer, he had a vision of a trailer and heard the words “Showerhouse Ministries.”

Not knowing where to start, he heard the Lord say, “Go through one door at a time.” So he started working without plans or drawings and using his own money, he began the project starting with the purchase of a trailer and shower stalls in July, 2014.

A friend stepped forward and offered to help with plumbing needs, and he also called on the help of an electrician friend. Ken knew he was going to need fresh water storage, a pump to move the water, a heating system such as propane tanks, a generator for power, and waste water collection tanks, while providing privacy, all within a self-contained unit.

The project turned out to be a little more complex than Ken had anticipated, but he was compelled to continue. After approximately 10 months of building, the trailer is finished.

Dialing it in and going through a bit of red tape took some time, but we are now ready to go,” Ken said. “I could not have done it without the help of a few individuals and the prayer support of others.”

He offers special thanks to the following who helped make the Showers of Hope a reality:

Mike and Chuckie from Butlers Plumbing, Brentwood

Frank with Salucci’s Electric, Oakley

Fred with Fred’s Welding, Oakley

Doug Hardcastley of Hardcastle’s RV, Oakley

Showerhouse Ministries Showers of Hope Kickoff — Sunday, Sept 13th, 2015, 10:00 AM, L Street near the marina, downtown Antioch

This is a new and growing ministry, and we want to network with other people and cities. There are many ways to be involved. Please feel free to contact us at Showerhouseministries.com or “like” their Facebook page by clicking here.

New beauty supply store opens in Antioch’s historic downtown Rivertown

Friday, September 11th, 2015
Elise and Ebony Veal in their store in downtown Antioch.

Elise and Ebony Veal in their store in downtown Antioch.

By Allen Payton

Elise Veal’s dream has come true. She’s an entrepreneur, as the owner of the new Elise Beauty Supply in downtown Antioch.

While studying and earning an Associates Degree in Entrepreneurship from Las Positas College in Livermore, which she completed in 2010, she saw a documentary starring Chris Rock entitled “Good Hair.”

She realized there wasn’t much of a black presence in the beauty industry, as far as owning stores.

My daughters were going every two weeks to buy hair, because it was synthetic and it would tangle and get matted,” Elise said. “I thought, that’s the business to be in.”

It was very timely,” she shared. “It helped me focus on my ambition to be independent.”

Then during Christmas, 2009, Elise asked everyone in her home what their purpose was in life, so they could pray about it.

The person who got my name prayed for me,” Elise said. “I prayed, too and shortly after that I saw the documentary and I knew.”

So, she created a vision board, every year with photos of her goals, including a store, placed on it.

That helped me,” Elise exclaimed. “At that time I had one penny in my bank account and no job. I prayed and went and wrote my affirmations and the money came.”

It was the biggest miracle I’d seen in a long time,” she added.

Elise shared about how she wanted to be in the beauty industry since she was a young girl.

I was always intrigued by beauty,” she shared. “When I was a girl I used to put on my auntie’s wigs. I just wanted to be around beauty. She asked if I wanted to do hair. I said ‘No. Maybe I want to sell it.’”

I think it’s fun and it’s one industry that gives you the flexibility to express yourself,” Elise continued. “I just knew I couldn’t give up.”

She shared how was she was taught and read has influenced her.

‘Think and Grow Rich’ is my favorite book,” said Elise. “I can hear my granmother, who read the Bible to me when I was younger. In there are biblical principles. You must believe in that which you are asking for.”

Elise’ daugher Ebony, who has worked in retail, not only works with her mom, she’s on the company’s board of directors as Corporate Secretary.

I’m happy Mom got into this business so I don’t have to buy cheap hair any more,” she said.

The 100% virgin hair they offer in any and all colors, lasts much longer than two weeks. In fact, it lasts longer then a year.

They offer tape hair, clip in and weft extensions, which makes it easier for stylists to sew it onto someone’s braids. Plus, sulfate-free shampoo, conditioners and hair styling products for all hair types and colors, as well as other beauty supplies such as eyelash extensions, lipstick, mascara and eyeliner. Elise serves both retail and wholesale customers.

Located at 214 G Street, the store is open Tuesday through Friday, 11-7 and Saturdays 11-3. Call them at (925) 206-4981 or visit their website at www.EliseBeautySupply.com and follow them on Facebook and Instagram.

Congressman DeSaulnier issues statement in support of the Iran Nuclear Proposal

Wednesday, September 9th, 2015

Washington, DC – Congressman DeSaulnier issued the following statement today in support of the Iran Nuclear Proposal, also known as the Iran Joint Comprehensive Plan of Action (JCPOA):

As a freshman Member of Congress, I looked for every opportunity to study the proposed deal. I have fully reviewed the accord including the classified sections. I was personally briefed by President Obama and members of the National Security Council and have heard presentations from Secretary of State John Kerry and Secretary of Energy Ernest Moniz, an expert on nuclear matters. I have also received letters and testimony from experts including a letter sent by five Nobel laureates and veteran makers of nuclear arms and former White House science advisers who describe the deal as being far better than we could have imagined.

On the opposing side, I traveled to Israel and met with Prime Minister Benjamin Netanyahu, as well as Israeli leaders, scholars, and negotiators. I saw firsthand the conflict that has been ruminating in the Middle East for thousands of years, and I continue to staunchly support the U.S.-Israel relationship.

Most importantly, I listened to residents of our district. Through a series of five town halls as well as mobile district office hours, phone calls, emails, and in-office meetings this summer, I heard the opinions of our community.

At the heart of my decision is supporting a deal that best preserves long-term peace in the Middle East and creates security and stability for the United States. I believe this accord is our best option for achieving this goal.

First, this proposal stands on its merits and is our best chance to stop Iran from developing a nuclear weapon; it increases the time it would take for Iran to build a nuclear weapon from 2-to-3 months to a year.

Next, this historic accord is unanimously supported by the UN Security Council and has the backing of international organizations and countries across the political spectrum. Its enforcement will be strengthened by this unified front. If the United States walks away, the accord will either fall through or its enforcement will be significantly weakened.

No one believes this proposal is perfect, but going it alone has not stopped Iran on their path toward a nuclear weapon. United Nations sanctions have fallen short. It is time we put diplomacy into action.”

Congressman Mark DeSaulnier, D-Concord, represents California’s 11th District in the U.S. Congress, which includes part of Antioch. He can be contacted at his district office at (925) 933-2660, his Washington, D.C. office at (202) 225-2095 or via email through his website at https://desaulnier.house.gov/contact.

Umpqua Bank Charitable Foundation awards more than $230,000 in Community Giving Grants

Wednesday, September 9th, 2015

13 California Organizations Receive Funding for Youth Programs, Education and Economic Opportunity

Portland, Ore., –The Umpqua Bank Charitable Foundation has awarded more than $230,000 in grants for nonprofit organizations focused on educational attainment for youth and economic opportunity. Fifty three Community Giving grants were awarded throughout Umpqua’s footprint, ranging between $2,000 and $8,000, and selected by the company’s associate-led Community Giving team.

Part of the Umpqua Bank Charitable Foundation’s approach is to invest in and serve as a partner to community organizations,” said Nicole Stein, managing director of the Umpqua Bank Charitable Foundation. “As a community bank we believe we have an obligation to invest in youth and education programs that are essential to the long-term economic health and development of our communities.”

Through the Community Giving program, more than 150 Umpqua Bank associates located throughout the company’s footprint participate in the process of identifying need in their communities and reviewing the grant applications that help meet that need. Quarterly, their recommendations inform the Foundation’s grant making and result in the distribution of the company’s Community Giving grants.

Contra Costa County’s recipient

The one recipient in Contra Costa County of a 2015 California Community Giving Grant recipient was Junior Achievement of Northern California, located in Walnut Creek. Umpqua’s $5,000 grant will support Project SUCCEED (Students Understanding Career Choices, Economics, and Educational Development). This program provides various curriculum-based programs to students in grades K-12 that are flexible in providing the specific financially-focused program that is most needed and appropriate for the grade level.

About Umpqua Bank Charitable Foundation

The Umpqua Bank Charitable Foundation recognizes the fundamental connection between education and economic prosperity. It works to strengthen the communities Umpqua Bank serves by investing in organizations and initiatives that expand access to education and create economic opportunity for children and families.

The Umpqua Bank Charitable Foundation was initially funded with $10 million in April 2014, and was formed to demonstrate the company’s deep commitment to the communities it serves.

Organizations can submit an application for a Community Giving grant at www.umpquabank.com/communitygiving.

About Umpqua Bank

Umpqua Bank, headquartered in Roseburg, Ore., is a subsidiary of Umpqua Holdings Corporation, and has locations across Idaho, Washington, Oregon, California and Northern Nevada. Umpqua Bank has been recognized for its innovative customer experience and banking strategy by national publications including The Wall Street Journal, The New York Times, BusinessWeek, Fast Company and CNBC. The company has been recognized for the past eight years in a row on FORTUNE magazine’s list of the country’s “100 Best Companies to Work For,” and was recently named by The Portland Business Journal the Most Admired Financial Services Company in Oregon for the tenth consecutive year. In addition to its retail banking presence, Umpqua Bank owns Financial Pacific Leasing, Inc., a nationally recognized commercial finance company that provides equipment leases to small businesses. The Umpqua Bank branch in Antioch is located in the Raley’s Shopping Center at 3700 Lone Tree Way.

Umpqua Holdings also owns a retail brokerage subsidiary, Umpqua Investments, Inc., which offers services through Umpqua Bank stores and in dedicated offices throughout Oregon. Umpqua’s Wealth Management Division serves high net worth individuals and nonprofits by providing customized financial solutions and offerings. Umpqua Holdings Corporation is headquartered in Portland, Ore. For more information, visit http://www.umpquabank.com.

Writer believes new math program will help Antioch students

Wednesday, September 9th, 2015

Dear Editor:

The numbers cry failure. In 2011, according to the U.S. Department of Education, only 32% of American 8th graders scored proficient in math. This earned a 32nd ranking among 65 nations participating in PISA, the math test administered by the Organization for Economic Cooperation and Development.

By contrast, Shanghai boasted a 75% proficiency rating and Korea, Finland, Switzerland, Japan, Canada and the Netherlands all scored above 50%. Distressingly, California, the Golden State, scored 24% proficiency. Little wonder our colleges are scrambling for interventions as a paltry 44% of American high school graduates are ready for the math needed in higher education and, ultimately, in higher paying careers.

Algebra, after all, is the gateway to academic mastery. It is the #1 trigger of dropping out in high school, with 70% of students who don’t pass algebra by ninth grade dropping out.

Given the crisis my summer visit to a tutorial program at Antioch’s Deer Valley High especially intrigued me. Walking into the classroom I was immediately struck by the fact that you could hear a pin drop as 20 some-odd students worked independently on fundamentals.

The program, called Math Intensive, is designed to take students markedly deficient in basic skills to grade level proficiency. Developed by John Crowder, a tutor, teacher, and private school administrator the class, with 21 three-hour instructional days, was open to everyone but was taken mostly by African-American males.

Crowder recently partnered with Angel Luevano, a teacher and leader of Todo Unidos. They then teamed with the education group Parents Connected to pilot this program at Deer Valley.

Twenty-one key concepts necessary for success in a rigorous Algebra program were both pre and post tested. The results were very encouraging. The average student’s score rose on Algebra I readiness rose from 35.4% to 49.6%, an increase of 0.7 per cent per instructional day.

Most promising was the transition out of ‘basic concepts.’ Students went from 64.7% to 90.1% proficiency in topics that included multiplication, fractions, math terminology, exponents, radicals, proportions and solutions of equations. Essentially, that’s a remarkable jump from a D to an A- level.

Crowder himself admitted shock by the results of the short program. Beyond the startling statistics he said he was most amazed that “Students who had given up on math, if not on their school prospects, and possibly even on themselves, had such a quick turn-about that they could not only learn but learn well.”

Bridget Swan remarked of her son Jordan, a DVHS Junior; “He has never before been so engaged with math.”

Jordan acknowledged he was finally understanding what was before him.

What’s working?

#1. Buy-in: After an introductory presentation prospective students and parents interview and agree on expectations. Nobody is begged. #2. Zero tolerance: Cell phones, electronics, back talking, goofing off, tardiness and excessive absence are disallowed. #3. Assessment: Students take a 260 question placement pre-test, daily quizzes, and a post test. #4. High expectations: 80% correct qualifies for moving on. #5. Immediate feedback: Results and corrections come in minutes, not days or weeks. #6. Teacher- student ratio: A supportive 8 to 1. #7. Continuous review: Every test is cumulative.

With a class of 24, and given that a student moves thru the program into 80% plus proficiency and Algebra 1 entry in generally anywhere from four to twelve weeks, one open entry class could cycle some 95 students a year.

Regrettably, we spend so much of our time and energy with high-risk students on traditional punishments or alternative behavioral intervention programs. Much, though, of misbehavior is fueled from an inability to keep up with peers in reading and math and the endless loop of simmering frustration and inadequacy that failure develops.

Two things can’t occupy the same place at the same time. Position academic success into the equation for failing students and positivity can help replace rage and acting out.

Math Intensive is the type of systematic, rigorous, no-nonsense, personalized intervention we need adopted. The alternative is to embrace the definition of insanity by doing the same things we’ve done before and expecting different results.

Walter Ruehlig

A.U.S.D. Trustee

Antioch Council reapproves new housing development next to Dozier-Libbey Medical High School

Tuesday, September 8th, 2015

Aviano Ranch

By Allen Payton

After waiting more than 10 years to build a new housing project, planned for the south side of Antioch, next to Dozier-Libbey Medical High School, Aviano Farms, LLC, a partnership of DeNova Homes and Mike Serpa, was successful in obtaining council approval on a 5-0 vote, at Tuesday night’s meeting.

The development agreement, the council approved, includes 533 homes and will provide the needed improvements to the sewer line that serves the adjacent high school. The council approved the Use Permit for the first phase of the project, which consists of 127 homes. The council also changed the designation of the project from Adult Community Planned Development to a regular housing development, in which anyone can purchase a home.

Serpa spoke at the August 25th council meeting about the Sand Creek Master plan, which includes ballparks, and how his project is “the major infrastructure provider.”

Dozier-Libbey [Medical High School] was a result of this project,” he stated.

He pointed out that they have already spent $4 million for species and environmental mitigation, and will be spending $2.5 million to extend Sand Creek Road and Hillcrest Avenue, which will both serve the new development, as well as the new sewer line.

We’re asking you to reapprove a project that is not substantially different,” Serpa added. “This project is a good one. It’s done its civic duties.”

Also at the August 25th meeting, Tim Forrester, Associate Superintendent for Business and Operations for the Antioch Unified School District, spoke about both the land Serpa had set aside for Dozier-Libbey, as well as the sewer line.

We started working with Mike Serpa in 2004 on Dozier-Libbey and was able to open in 2008,” he stated. “It brings us back about $1 million to pay us back. The temporary sewer line is failing. It’s running on propane.”

The economy downturn did not allow us to finish the infrastructure,” Forrester continued. “We’re very amicable in our agreement with Aviano Farms. It will benefit Kaiser, as well, giving us a second way into a hospital.”

The public hearing was closed at the August 25th meeting, but not before a few residents spoke in favor of the project.

I’ve lived in Antioch for 26 years,” said Robert Laxner. “I like this project.”

He mentioned the project’s 350 offsite acres set aside for open space.

Aaron Hodess, the Business Manager of the Plumbers and Steamfitters union, Local 159, said “We look forward to finally work in our city. I”ve got every confidence this will be a quality project.”

He also spoke of “opportunities for our youth and careers through apprenticeship.”

Kevin Van Buskirk read his statement, saying he lived in Antioch for 30 years and was concerned about the impact on police services. But, now he supports the project.

No one spoke against the development.

But, there was disagreement over three issues at the August 25th meeting. So, the council voted to give city staff and the developer two weeks to work out agreements on the police fee, the owner-occupation issue and a city requested hold-harmless indemnity clause in the development agreement.

The council, in approving the development agreement at Tuesday’s meeting, imposed an annual police services fee of $445 per home, which is a new requirement, never before imposed on a development in Antioch. They also required the formation of a homeowners association.

While the City wanted to require that no more than 30 percent of the homes be available for rent at any time, according to the staff report “following more thorough research, City staff no longer endorses this as a function of the City, but encourages the applicant to pursue any reasonable and lawful means to encourage greater owner occupancy.”

During Tuesday night’s meeting, Interim City Attorney Derek Cole said “the time for public challenge has come and gone.”

However, public comments were allowed.

Antioch resident Terry Ramus was the only one from the public to speak on the item. He spoke about development agreements, and how in the past the city had forgotten some things.

I had hoped we have learned from our history,” Ramus said. “The times have changed. So, on this police services agreement, is that tight?”

Perfect is not really what I’m asking for you to do,” he continued. “I’m asking for you to look at it with a fine-tooth comb and if you’re not comfortable with it, don’t vote for it tonight.”

Mayor Wade Harper responded.

After a couple years, now of fine tooth combing and everything else, the matter is now before council.”

Councilwoman Mary Rocha added her thoughts.

It will bring employment, better service for our schools, it will improve the road system,” she said. “This one is bringing us some extra items that will benefit the schools and city.”

I am very comfortable that all parties have come to an agreement,” said Councilman Tony Tiscareno.

He then asked about the police fee.

Cole explained that the developer agreed to a Community Services District that levies a special tax, which is a Mello-Roos tax for police.

Development must be revenue neutral and provide the 1.2 to 1.5 officers per thousand,” he stated. “One way or the other, the standard of providing police protection will exist. This developer has done everything they can to work with us, to date.”

I like the variety of sizes of homes,” said Mayor Pro Tem Lori Ogorchock. “There are 5,000 square foot lots up to 10,000 square foot lots. I just want to make sure the infrastructure goes in.”

I wanted to make sure we have enough money to pay for police, going forward,” said Harper. “That was important to me. This will be a wonderful, clean and safe neighborhood. If I could I would give the Aviano folks credit for working so well with the school district. I’m glad you’re getting this project done and thanks for being in our city.”

Rocha mentioned a possible local hire.

Then the council voted unanimously to approve the development agreement which lasts through 2029. The developer will have three years to form the Community Services District to pay for more police.