At a closed session board meeting Wednesday morning, the Metropolitan Water District of Southern California authorized the purchase of four islands in the San Francisco Bay-Delta for an undisclosed sum.

The deal is highly controversial in Northern California as it would put Southern California’s most powerful water agency in control of a group of Sacramento-San Joaquin Delta islands that can serve as water storage areas or entry points for the proposed $15 billion Delta Tunnels projects.
For months MWD has been considering the purchase of islands now used for farming. The islands mirror the path of the plan for the Delta Tunnels proposal.

The four island deal includes Bouldin Island, Webb Tract, Holland Tract, and Bacon Island. They cover approximately 20,000 acres of the Delta. Here (and below) is a map of the islands in the path of the Delta Tunnels.

Barbara Barrigan-Parrilla, executive director of Restore the Delta spoke on the matter.

“It is troubling for the Delta region that Metropolitan Water District is going to acquire such a significant portion of Delta land and Delta water rights,” she said. “They have the resources to change law and policies statewide to maximize their access to Delta water in their favor. They will own two islands that are directly in the path of the proposed Delta Tunnels project, eliminating eminent domain concerns for that portion of tunnels construction. We believe that having MWD as a neighbor is an existential threat to the future of the Delta and Delta communities.”
Delta Tunnels opponents note that after nine years and a quarter of a billion dollars spent on the proposal, Delta Tunnel backers have still has not produced a legally acceptable plan that can pass environmental standards. On October 30, 2015 the U.S. Environmental Protection Agency issued the Draft Environmental Impact Report a failing grade of “Inadequate” due to lack of science about the impacts on the Delta ecosystem and endangered species.

For more information on the Restore the Delta visit www.restorethedelta.org.

Contra Costa lawmaker also joins Budget Panel

Sacramento – In an expansion of his role in the California State Senate, Sen. Steve Glazer, D-Orinda, (9^th District), was named on Wednesday as Chairman of the Banking & Financial Institutions Committee and to serve on the Budget and Fiscal Review Committee.

Glazer, who was elected in May 2015, will serve on the Budget Subcommittee on State Administration and General Government. He also serves on the Public Safety, Insurance and Governmental Organization committees.

Senate President pro Tempore Kevin de Leon made the nominations, which were approved by the Senate Rules Committee.

“I’m pleased to have someone with Steve’s knowledge shepherd the Banking and Financial Institutions Committee and join the Budget and Fiscal Review Committee,” de Leon said. “His experience will be critical to the committees as it takes on issues of great importance to all Californians that create economic opportunity and financial security.”

Glazer said he is “appreciative of the confidence that the President pro Tem is showing in me by tapping me as chairman of the important Banking and Finance Committee.

“One of the most important tasks of a legislator is to be a good steward of the state’s finances, so I’m pleased to have a seat at the budget table,” he added.

Glazer represents Antioch in California’s 9^th State Senate District.

By Sgt. Rick Martin #3343, Antioch Police Department

On Thursday, March 10, 2016, at approximately 6:57 AM, Antioch Police Officers responded to the intersection of Cavallo Road and East 13th Street on a report of a vehicle vs. bicyclist collision. Upon arrival, Officers located the bicyclist, a 50 year old male Antioch resident with multiple injuries.

The driver of the vehicle remained on scene and was cooperative with the investigation. The driver did not have any injuries and did not appear to be under the influence of alcohol or drugs.

Paramedics arrived on scene. The bicyclist was transported to a local hospital via Cal Star helicopter.

Anyone with information regarding this incident is encouraged to call the Antioch Police at (925) 778-2441 or Sgt. Rick Martin at (925) 779-6900 ext. 83343. You may also text a tip to 274637 (CRIMES) using key word ANTIOCH.

Bill aims to boost ADA compliance through notification to improve access for all patrons, give businesses more time to comply

Stockton, CA – Standing with small business advocates and community leaders, Congressman Jerry McNerney (CA-09) announced new legislation to promote greater compliance with the Americans with Disabilities Act’s (ADA) accessibility standards within the business community. ADA accessibility compliance lawsuits have hit the Stockton area particularly hard, with some businesses forced to shut down, relocate, or payout large settlements. New York, Alabama, Florida, and Pennsylvania are among other states also affected by ADA-related lawsuit abuse.

The COMPLI (Correcting Obstructions to Mediate, Prevent, and Limit Inaccessibility) Act, H.R.4719, focuses on increasing ADA accessibility compliance among businesses to prevent predatory lawsuits from “high-frequency litigants” that hurt small businesses while not always bringing resolution the accessibility issue.

“I have heard from numerous local businesses who were forced to shut down, lay off employees, pay out large settlements, or change locations because of repeated lawsuits and threats of lawsuits that leave these businesses with little to no financial resources or time to fix the problem and become compliant,” said McNerney. “My COMPLI Act would give businesses a 90-day period after notification of a potential infraction to correct the access barrier. Increasing ADA compliance among the business community is good for the local economy, and it is something we can achieve while at the same time ensuring that aggrieved individuals are still able to bring lawsuits against businesses for ADA infractions. The ADA gives equal rights and access to individuals with disabilities, and I want to make sure everyone has equal access to enjoy the businesses within our communities.”

The COMPLI Act will require a potential plaintiff or aggrieved individual to provide written notice to the owner of the business, by certified mail, which identifies the specific ADA violation and the date and time the individual experienced the barrier.

Some of the most common ADA infractions include: not having enough accessible parking spaces; having non-compliant or missing parking signs; and issues related to loading zones and van accessible aisles.

McNerney’s legislation provides the business owner 90 days from the date of notification that a barrier exists to correct the barrier, before any lawsuit or demand letter can be issued. A business owner may qualify for an additional 30 day extension if he or she attempts in “good faith” to remedy an access barrier but is unsuccessful within the original 90 day compliance period.

Good faith can be determined if the business owner has: secured the appropriate construction permits and hired contractors to complete construction; or has begun construction and has worked to minimize delays in completion.

The business owner must also notify its customers of the ADA violation while it is in the process of correcting the barrier. Businesses must provide this notification to customers within 15 days after receipt of an ADA violation notice.

The California Commission on Disability Access (CCDA) found that 54 percent of all ADA accessibility claims filed in California came from just two law firms, and 46 percent of those claims were filed by only 14 plaintiffs.

“As someone who has used a manual wheelchair for the past 17-years, I understand and appreciate the significance of the Americans with Disabilities Act. However, as a defense attorney I understand that the ADA is severely abused and has become a money making scheme for a small handful of attorneys and serial plaintiffs,” said Rachelle Golden, an ADA defense attorney.

The COMPLI Act defines a “high-frequency litigant” as an individual who has brought 10 or more civil actions alleging ADA violations within the previous 12-month period. The bill aims to limit a high-frequency litigant’s ability to repeatedly file lawsuits in bad faith and encourages business owners to invest in updating their properties to meet the accessibility standards of the ADA.

The legislation also prohibits damages from being awarded to plaintiffs who were not denied reasonable access or reasonable use to a facility because of an ADA violation, in an attempt to curb “drive-by” plaintiffs” that prey on businesses without ever entering them or attempting to engage them in a business transaction.

Lastly, the bill requires the Department of Justice to submit a report to Congress two years after the bill is enacted, which:

·        Determines how many people were categorized as a “high frequency litigant” during the two year period in each state

·        Provides analysis on whether the bill’s provisions had an effect on the number of ADA accessibility lawsuits filed

·        Provides analysis on whether the bill’s provisions have negatively impacted an individual’s ability to bring a legitimate, good-faith accessibility claim

·        Recommends whether an attorney’s fee cap should be introduced in the future to reduce ADA abuse

“Most businesses are unaware of what violations they potentially have on their property, and when served with a complaint, they are forced with a decision to fight against the lawsuit, or close their doors. Most often, complaints allege minor, if not trivial violations, that are easily correctable without much difficulty or expense. It is imperative that federal legislature catch up with California state law and provide a notice and opportunity to cure before a lawsuit can be commenced. The COMPLI Act would allow businesses the opportunity to learn of and correct ADA violations before they are forced to engage in costly litigation,” added Golden.

The COMPLI Act is supported by small business and small business advocacy groups.

The Greater Stockton Chamber of Commerce Board of Directors took action on Thursday, February 25, 2016 to “support in concept” Congressman McNerney’s new bill to protect businesses and the community from “drive by lawsuits” in regards to the Americans with Disabilities Act.

“Harassment and threats by the unscrupulous is not the way to accomplish full compliance!  Fairness and cooperation will allow businesses to fully comply with the law if given a fair chance. It is important that the State of California follows the lead of Congressman McNerney and does the same,” said Judith Buethe, President of the Greater Stockton Chamber for 2015/16 and owner of Judith Buethe Communications.

Compliance with ADA has also hit many Antioch businesses including Celia’s Mexican Restaurant and the owners of the building where the New Beer Garden is located on West Second Street. The latter had to cut a doorway in the old, brick building and install a new handicap-access door.

“The Antioch Chamber of Commerce is excited to support the new legislation that Congressman McNerney is bringing forth to update the Americans with Disabilities Act to give our businesses the opportunity to improve their facilities in a timely manner and avoid unlawful suits that are ruining their businesses, the jobs they create, and the ability to support their family,” said Sean Wright, CEO of the Antioch Chamber of Commerce.

Excessive ADA compliance lawsuits forced Chuck’s Hamburgers in Stockton to relocate after 55 years of service at the same location.

“I believe that this particular law was a good one when written.  The problem lies with the few people that take advantage of the loophole. I’d like to thank Rep. McNerney for his support on such delicate matters,” said Steve Grant, owner of Chuck’s Hamburgers. “I felt that this law wouldn’t be seen for the negative impact it has on our communities and small businesses because it is lawyer versus lawyer and they manipulate the law. I’d like to thank Rep. McNerney for asking people like me to share my experience and offering small business owners hope that laws such as this will be changed.”

“We are excited about the introduction of the COMPLI Act. This is a necessary bill to ensure that the intent of the ADA is unchanged while providing relief to business to come into compliance without frivolous lawsuits closing their doors. We believe this is a great opportunity for the ADA community to work together with the business community to better educate business on the needs and partner on compliance. We look forward to supporting Congressman McNerney on these efforts and advocating for the bill’s passage,” said Bob Gutierrez, Chairman-elect of the San Joaquin County Hispanic Chamber of Commerce.

“We are so very glad Congressman McNerney has authored this badly needed bill,” said Pat Patrick, President and CEO of the Lodi District Chamber of Commerce. “Small businesses have been unfairly singled out and targeted by predatory lawyers taking advantage of ADA laws. The law without an enforcement clause has become an unfortunate opportunity for predatory lawyers. The provisions in Congressman McNerney’s ADA bill will give small businesses a 90-window to bring their business into ADA compliance.”

“This bill will allow businesses the opportunity to comply with ADA irregularities within a reasonable 90-day period without the burdensome legal costs of a civil suit. Small businesses are the lifeblood of our local economy and this bill would protect them from predatory lawyers and individuals who target them to obtain a financial settlement. CVACC supports Congressman McNerney on this legislation,” said Dennis Lee, CEO and President of the Central Valley Asian-American Chamber of Commerce.

“The California Delta Chambers & Visitor’s Bureau fully supports Congressman Jerry McNerney’s COMPLI Act. ADA abuses cost local businesses much time and money. We feel this legislation will help curb some of the excesses,” said Bill Wells, Executive Director of the California Delta Chambers & Visitor’s Bureau.

The COMPLI Act is now referred to the House Judiciary Committee for consideration.

Rep. Jerry McNerney serves California’s 9^th Congressional District that includes portions of Antioch and Contra Costa, San Joaquin and Sacramento Counties. For more information on Rep. McNerney’s work, follow him on Facebook and on Twitter @RepMcNerney.

 

By Allen Payton

The Antioch City Council will vote to hire a new City Attorney at their meeting, tonight, Tuesday, March 8, 2016. Mayor Wade Harper announced in a news release on Monday that Michael Vigilia, the Assistant City Attorney in Hayward has agreed to all contract terms and the Council is set to approve the contract at the meeting.

According to the news release, Vigilia became Hayward’s Assistant City Attorney in 2011 and has balanced litigation, transactional and advisory responsibilities, and served as legal advisor to the Public Works and Maintenance Services, and Police Departments. He recently advised the Hayward City Council on Prop. 218 and 26 issues related to the creation of a community benefit district in the downtown area. He had previously advised on legislation involving the regulation of outdoor feeding events, overnight camping on City-owned property, illegal dumping and simulated gambling devices.

Prior to his position in Hayward, Vigilia was the Deputy City Attorney for Fresno where he served as City Prosecutor and was appointed Special Deputy District Attorney. He represented the City of Fresno in Code Enforcement proceedings related to serious health and safety violations and served as legal adviser to the Police Department.

According to his LinkedIn profile, Vigilia had also previously worked as a Deputy District Attorney for Tulare County and in the Law Office of Reynaldo G. Santos. He earned his law degree from Santa Clara University School of Law in 2003 and graduated from UCLA in 1999 with a degree in American Literature.

“After conducting a series of interviews with city attorney candidates it became clear that Mike rose to the top as having the background and experience we were searching for,” said Harper.

Vigilia’s compensation package includes an annual salary of $180,000 and a one year severance package. He is set to begin working for Antioch this month.

The Antioch City Council meeting begins at 7:00 p.m. and will be held in the Council Chambers at West 3rd and H Streets in downtown. Meetings can be viewed on Comcast Cable Channel 24 or live stream via the city’s website at www.ci.antioch.ca.us.

By Allen Payton

The Antioch School Board will have another opportunity to approve the televising of their meetings, at their meeting Wednesday night, March 9th.

New Antioch School Board Trustee Fernando Navarro proposed the item be placed on the Board’s agenda.

“We had it as an open discussion a few meetings ago,” he said. “We were asked if anyone wanted to discuss it and I said ‘yes’. The consensus of the Board was we have touched on this many times and it’s a waste of money. But, I wanted a formal agenda item to discuss it and to let the community have a say in it.”

“We spend crazy amount of money without even blinking and this is actually one of our prime responsibilities is parent access to decisions the school board is making,” Navarro said. “This is something we should be spending money on.”

“We have students in audio-video clubs in the district. Maybe we could give them class credit for it,” Navarro suggested.

“This isn’t the 1970’s. We’re in the 21^st Century,” he added.

I agree. It’s long past time the school board does what the Antioch City Council does and that is to both televise their meetings live, on local Comcast Cable Channel 24 and live stream it on their website.

They need to spend the money and make it happen for greater transparency and communication with both parents and taxpayers who live in the district.

If you want to let the school board members know of your thoughts on this matter, attend the meeting at 7:00 p.m. and fill out a speaker card to speak on the item. Meetings are held at the School Services Building, 510 G Street. You can also email them at the following email addresses:

Board President Diane Gibson-Gray – Diane@DianeGibsonGray.com

Board Vice President Walter Ruehlig – Walter.Ruehlig@gmail.com

Trustee Claire Smith – crcdsmith@yahoo.com

Trustee Debra Vinson – debravinson@gmail.com

Trustee Fernando Navarro – stratazoom@hotmail.com

Earn & Learn East Bay celebrated the Antioch Chamber of Commerce and Dr. Sean Wright as one of three Champions ‘On The Rise’ award winners in 2016 for their support of Education in our community.

“The Antioch Chamber of Commerce, and you as its CEO, are being honored for the countless ways you engage with Antioch Unified School District in its Linked Learning efforts–whether encouraging business engagement in our schools, providing technical assistance and support to Linked Learning pathways, lending a leadership voice to the Linked Learning statewide expansion, or coordinating business/education events to showcase our students and their demonstration of skills, you are to be commended for the passion and dedication you deliver every day to ensure student success,” said April Treece Director of the STEM Workforce Initiative of the Contra Costa Economic Partnership to Wright.

The Award was given on Friday, March 4th at the Hilton Concord at the Earn & Learn Kick-Off Breakfast with Principal of Antioch High School Louie Rocha and Principal of Deer Valley High School Ken Gardner in attendance.

About Earn & Learn East Bay

Earn & Learn East Bay connects employers to regional efforts designed to help grow our future workforce. We place students and young adults ages 16-24 in meaningful workplace experiences including summer jobs, internships and apprenticeships or in industry-led summer learning experiences. To create these opportunities, the Workforce Development Board of Contra Costa County, Contra Costa Economic Partnership and the Earn & Learn East Bay team rely largely on the support of local employers and community-based organizations.

Our efforts to create summer youth employment and enrichment experiences build off of a strong foundation that has provided more than 1,000 summer opportunities over the past five years. Our goal for 2016 is to connect at least 500 young people to jobs, internships and other high -quality work-based learning experiences, such as industry-led summer camps focused on Science, Technology, Engineering and Math (STEM).

Benefits to employer partners:

• ·The opportunity to build your future workforce.
• ·The chance to showcase your industry and organization, including positive publicity as a partner supporting Earn & Learn East Bay (through publications, website, news media and special events).
• ·Direct impact on strengthening communities in the East Bay region.

Benefits to youth:

• ·Hands-on career and technical skills as well as life skills, such as communication, collaboration and critical thinking.
• ·Networking and relationship-building skills, and mentorships with industry professionals.
• ·Access to income and upward mobility, which can break the cycle of poverty.
• ·Newfound confidence in skills and abilities.

How it works:

• ·Learning goals are agreed upon by the youth participant, the employer partner, and a member of the Earn & Learn team, who also works with the participant throughout the summer.
• ·Youth typically work part time or full time over the summer months and earn minimum wage.
• ·The Earn & Learn team connects eligible youth to meaningful work experiences in a variety of industries.
• ·Contracted youth service providers can also serve as the employer of record, providing wages and covering insurance costs.
• ·Limited funds may be available to sponsor youth at your place of business. To find out how you can get involved, please visit www.earnlearneastbay.org or e-mail info@earnlearneastbay.org

By Patrick McCarran

Better Homes and Gardens Mason-McDuffie

Spring is a season of renewal. Before you know it the birds are singing and the flowers are beginning to burst into bloom. The days are getting longer and people are getting outdoors again. The weather is more cooperative so not surprisingly now’s a good time to do some spring maintenance to make sure your home is in tip-top shape.  Even if you aren’t planning to sell your home, you should still add these chores to your list to help preserve your home’s value and help avoid major repairs later on.

Walk Around the Outside

Check for any damage caused by winter’s cold weather. Look for those sagging, loose and leaking gutters. Now is a good time to clean out the gutters in time for spring showers. Is your roof missing any shingles, or is there any water damage under the eaves? A common nuisance is foliage growing in and on the roof, such as grass and weeds or tree overhanging. Check the valleys where the slope of the roof meets, this is a common area where debris forms or birds make a home and will cause leaks. Mother Nature is a formidable force and over time you’re your home will prove no match. Promptly schedule repairs for those items you can’t do yourself.

Walk around your yard as if you were a first-time visitor. What impression does your home make? Be sure to clear away fallen branches and leaves. Loosen the soil around perennials, plant annuals for a quick update. A great idea is a vegetable garden we have a great climate in the area and it is very rewarding to have food you grew yourself not to mention educational if you have children. Prune shrubs and trees to keep them manageable.

If your water supply has been off for the winter, turn it back on. Test your automatic sprinkler system or connect your water hose and check for cracks and leaks. Replace old washers or sprinkler heads.

Don’t forget the backyard! Is it time to condition your deck? Be sure to hammer in any loose nails, or replace them with galvanized deck screws. Replace any broken boards or rails. Consider renting a power washer to clean dirt and mildew from the wood, and then apply an all-weather sealer or stain. Then dust off that patio furniture you kept protected over the winter or give it a good cleaning if you did not.

Check your fences and repair any broken fence boards and paint or seal them as needed. It is a good idea to stain your fences once a year to extend the life of your fence. If you are just moving in what a great time to get started. Clean the pool if it has been covered all winter. Wash windows, screens and windowsills; repair any winter damage.

Take A Tour Inside

The first step in any successful endeavor is to make a list. Start by going around to each room and make a list of things to do in each room. Then dive in. Dust walls and ceilings to remove cobwebs and wash any grimy areas, don’t forget the ceiling fans. Wash window curtains or remove drapes for dry cleaning, dust the blinds. Deep clean rugs and carpets. Dust and polish wood or laminate floors. Don’t forget the kitchen cabinets with a little maintenance such as Old English can really extend the life of your cabinets and give the whole room a fresh look.

Check the central air-conditioning unit for debris and obstructions it is important to have good air flow for maximum efficiency and to prolong the life of the unit. Vacuum the main condenser coil on top of the unit. Check the operating condition of window air-conditioning units; remove and wash filters in mild soapy water.

Make sure all exhaust fans and vents are clean and clear. Don’t forget to remove the lint buildup from the clothes dryer vent.

One often-overlooked area is the fireplace. Be sure to sweep ashes carefully into your fireplace’s ash pit or into a dustpan. If you used it frequently then you may want to call a professional chimney sweep to have it cleaned and lower risk of fire. Clean and lightly oil fireplace tools.

Look around for clutter.  Are there items you don’t use any longer? If you are planning on moving, what items will you not need? Consider having a garage sale and then either donate or trash the remaining items.

And lastly, possibly the most important of all, don’t forget to replace batteries in smoke and carbon monoxide detectors even if they are not dead put some fresh ones in

(and remember to recycle the old ones). You may have missed it this year but in the future plan to change them when you change your clock for daylight savings.

Although performing these spring chores may be dreaded task, they go a long way in maintaining and even enhancing the attractiveness and quality your home.

Patrick McCarran can be reached at (899) 899-5536, pmmcarran@yahoo.com or www.CallPatrick.com. Mason-McDuffie Real Estate is an independently owned and operated franchise of Better Homes and Gardens Real Estate LLC. Equal Housing Opportunity.