Celebrating the strength of family
Newark Chamber
Eastin Incredibles
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The newspaper for the new millennium
510-494-1999
tricityvoice@aol.com
www.tricityvoice.com
Nutcracker with Yoko and the Symphony Orchestra
BY LUCINDA BENDER If you are looking for a special gift for that special someone, then you can’t miss Olive Hyde’s “Holiday for the Arts” Show and Sale.
Those looking for a departure from the traditional fare of Christmas events and gift shopping have the opportunity to go international with a unique style of art and entertainment.
INDEX
History . . . . . . . . . . . . . . . . . 10
Ballet Petit Delivers Nutcracker Magic
BY EMMA VICTORIA G. BLANCO
BY EMMA VICTORIA G. BLANCO
This holiday season, for the sixth consecutive year, Yoko Young’s Dance and Performing Arts Academy will perform Tchaikovsky’s beloved Nutcracker Ballet at Ohlone College’s Smith Center for the Performing Arts. Dancers will be accompanied by the Fremont Symphony Orchestra, conducted by Maestro David Sloss. Young is venerated by national dance organizations and often quoted in major publications. She is an internationally acclaimed master teacher, choreographer and competition judge. Young was born in Tokyo, Japan and learned Fujima, traditional Japanese dancing, at the tender age of four. She continued to study
There’s a reason that Ballet Petit is presenting its 32nd annual production of “The Nutcracker” this weekend – magic! It’s not the kind of magic that involves waving a wand and presto!, a rabbit comes out of a hat. It’s the kind of magic when witnessing something amazing and transforming. “Many of our students have been in our Nutcracker performances every year since they were three years old,” said Darlene Brower, who has taught at Ballet Petit for 24 years. She has helped her student’s blossom from threeyear-old Twinkle Toes to graceful ballerinas. She said, “I love sharing my love of ballet with my students. Even
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The show opens with a ticketed Gala on Friday night featuring hors d’oeuvres, sweets, and wine, and the first viewing and sale of art. On Saturday and Sunday, the show is open to the public without charge.
BY JULIE GRABOWSKI
Vol. 9 No. 71
November 30, 2010
Items for sale will include original works in ceramics and glass, paintings, jewelry, fiber art, wood products, sculpture, and holiday goods. Work from over 80 artists will be on display and
Anime is the term for Japanese animation, while manga refers more narrowly to comic books. Japan’s history of animation dates back to the early 1900s, but the characteristic style of anime recognized today was developed in the 1960s. Anime began spreading to the rest of the world in the 1980s, and has become increasingly popular with Pokemon, Yu-Gi-Oh!, the 1989 film “Kiki’s Delivery Service,” and Hayao Miyazaki’s Academy Award winning “Spirited Away” (2002). Fremont Parks and Recreation Department and PMBQ Studios bring the vast world of anime and manga to your doorstep with their annual Holiday Anime Faire, Saturday, December 4. Now in their fifth year, the faire is
for sale during the event. Funds raised from the “Holiday for the Arts” Show and Sale contribute to and help support the City of Fremont’s elementary In-School Art History Program,
packed with options for die-hard fans and those just discovering the style. Attendees can hang out in the anime viewing lounge, watch artist demos, grab a treat from the snack bar, and meet artists from Bay Area Artists Unite and Manga Start. Attendees can also get hands-on with art and crafts activities. Button making, handmade cards, holiday ornaments, and origami are just a few of the available options. Karen Luk and Jeannie Lee of Manga Start will be leading two 45-minute art classes, providing instruction in the basic skills needed to begin drawing manga. The beginners class for ages K-5 starts at 11 a.m. with the intermediate session for high school ages
local student scholarships and student art awards, payment of art program fees and purchase of art supplies for low income chilcontinued on page 4
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Business . . . . . . . . . . . . . . . . 12
Arts & Entertainment . . . . . . 21
Kid Scoop . . . . . . . . . . . . . . . . . 14
Public Notices. . . . . . . . . . . . 28
Bookmobile Schedule . . . . . . 15
It’s a date . . . . . . . . . . . . . . . 21
Contact Us . . . . . . . . . . . . . . 26
Life Cornerstones . . . . . . . . . 19
Mind Twisters . . . . . . . . . . . . 15
Sports . . . . . . . . . . . . . . . . . . 22
Editorial/Opinion . . . . . . . . . 26
Classified. . . . . . . . . . . . . . . . 19 Obituary . . . . . . . . . . . . . . . . 19
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WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
Breastfeeding: Give Your Baby a Healthy Start Saturday Lactation Clinic Expands Breastfeeding Support
T
here are so many benefits to breastfeeding, both physical and emotional, for moms and babies. Breastfeeding provides vital bonding time with your baby. Breast milk is also considered “perfect nutrition” for your baby, according to the National Women’s Health Information Center, part of the U.S. Department of Health and Human Service’s Office of Women’s Health. Additionally, breast milk is free, so you save money, and there are important health benefits for mom and baby. But breastfeeding is not always as simple as maternal instinct. Sometimes a little instruction and support can go a long way to making sure both mom and baby are getting the most out of the experience with minimal frustration and anxiety. Expanded lactation clinic hours To help improve access to services for breastfeeding moms, Washington Hospital’s Lactation Clinic—located at 2299 Mowry Avenue, Suite 2C, in Fremont— has expanded its hours to include a Saturday breastfeeding clinic from 1 to 5 p.m. The first hour of the clinic is open for drop-in clients with a baby of any age. Group support for positioning and latch is still available on Tuesdays and Fridays at 11 a.m. with Wednesdays at 11 a.m. for the Beyond Newborn Clinic focusing
on babies one month Smith finds that and older. women many times try to “There are different go it alone and end up adjustments that need finding themselves in a to be done as your bind once they’ve rebaby gets older and turned to work. often the criteria “Sometimes new moms change,” says Karen get their pump, but they Smith, R.N., coordidon’t call for help,” she nator of the Matersays. “Then they start nal/Child Education pumping and their milk Program at Washingsupply begins to dwindle. ton Hospital. This is often when we get Smith points out panicked phone calls. that while the There are so many factors Wednesday clinic foto consider, and taking the cuses on babies a Back to Work Breastfeedmonth and older, ing class can really demoms who come in crease the amount of stress for support during any Licensed outpatient lactation consultants at Washington Hospital’s they feel because they’re of the clinic times are Lactation Center are available to offer guidance and support to new prepared. moms – and dads.The Lactation Center offers several breastfeeding never turned away be- classes and clinics that are free to all new moms regardless of “It’s really important cause their baby isn’t whether or not they delivered their baby at Washington Hospital. that you look ahead so in the right age group. For a private visit with the clinic’s internationally board certified lac- that we can help you early tation consultants or to access the free advice line, call (510) 494- on. The good news is that Private visits also 7013 (Monday through Friday). may be scheduled durlactation support is availing the expanded Satable at an affordable cost “Oftentimes new moms will call urday clinic hours, with the last to those who need it.” and say, ‘I’m going back to work appointment of the day available Notably, this time of year is in a week. Help!’ There are so at 4 p.m. particularly important for breastmany things you have to take Mastering the juggling act: feeding, according to Smith. into consideration and it’s more back-to-work breastfeeding “Flu season is coming and it is involved than just a phone call. For moms looking to go back really the most important time to It’s nearly impossible to explain to work, Smith highly recomeverything just over the phone, so breast feed, especially if you have a mends the Back to Work Breastpremature baby,” she says. “These waiting until the last second is feeding class. not optimal. We encourage moms infants in particular need an extra “Back to Work Breastfeeding to prepare ahead of time—at least boost of antibodies from mom’s is a comprehensive class about all milk. When someone sneezes or a month in advance—so that we the things you need to do when coughs, you breathe that air and can help them get off to a good you go back to work,” Smith says. start going back to work.” your body immediately starts mak-
ing antibodies. Your baby gets that instant ‘vaccination’ through your breast milk.” This is particularly important if there is an older child or other relative in the home who gets ill, because breast milk will provided some degree of protection, potentially lessening the degree of illness if your infant does come down with the illness. “Breastfeeding is really one of the best things you can do for you and your baby,” Smith says. “Make sure to keep the clinic’s number on hand and ask for help when you need it.”
Lactation support when you need it Washington Hospital’s Breastfeeding Support program has a skilled staff of lactation educators and consultants who offer support to breast-feeding and back-towork moms with low-cost private visits by appointment, classes, clinics and a free advice line. For a private visit with the clinic’s internationally board certified lactation consultants or to access the free advice line, call (510) 494-7013 (Monday through Friday). For more information about Childbirth & Parenting class schedules, call (510) 791-3423.
InHealth broadcasts on Comcast Channel 78 in Fremont, Newark and Union City and online at www.inhealth.tv The full schedule of InHealth programs listed below can also be viewed in real time on the Washington Hospital website, www.whhs.com
12:00 PM 12:00 AM 12:30 PM 12:30 AM
1:00 PM 1:00 AM
1:30 PM 1:30 AM
T U E S DAY
W E D N E S DAY
T H U R S DAY
F R I DAY
S AT U R DAY
S U N DAY
11/30/10
12/01/10
12/02/10
12/03/10
12/04/10
12/05/10
12/06/10
Your Concerns InHealth: Vitamin Supplements
Crohn's & Colitis, Stomach Cancer and Irritable Bowel Disorders
How Diabetes Affects People of Indian/South Asian Descent Women's Health Conference: Do You Suffer From Allergy or Asthma Conditions?
Think Pink: Breast Health Awareness
Your Concerns InHealth: Senior Scam Prevention
Women's Health Conference: Organic Gardening Demonstration
Your Concerns InHealth - Management of Type 1 and Type 2 Diabetes Sun Protection
Washington Women's Center: Cancer Genetic Counseling
Women's Health Conference: Complementary Therapy: Art,Yoga and Meditation
Fitting Physical Activity Into Your Day (New)
Learn About Nutrition for a Healthy Life (New)
M O N DAY
Learn About Foods That Help Your Digestive System Tips to Making Your Golden Years Healthier
Inside Washington Hospital: Patient Safety
(Late Start) Women's Health Conference: Digestive Disorders
2:00 PM 2:00 AM
2:30 PM 2:30 AM
3:00 PM 3:00 AM
InHealth Special Report: The Patient Protection and Affordable Care Act Part 2
3:30 PM 3:30 AM
4:00 PM 4:00 AM
4:30 PM 4:30 AM
6:00 PM 6:00 AM
Washington Township Health Care District Board Meeting November 10, 2010
Eating Out with Diabetes
Have You Recently Lost Health Care Coverage?
Voices InHealth: Bras for Body & Soul
Brain Health for Seniors
Obstructive Sleep Apnea
8:30 PM 8:30 AM
Surgical Interventions for Sleep Apnea Washington Township Health Care District Board Meeting November 10, 2010
10:00 PM 10:00 AM
New Surgical Techniques for Minimally Invasive Knee Replacement
Washington Township Health Care District Board Meeting November 10, 2010
11:30 PM 11:30 AM
Nutrition for People with Kidney Disease
Blood Pressure Medications
Cancer Caregivers: Mobilizing Resources
Washington Urgent Care: When You Should Go and What We Treat
Hip Pain in the Young and Middle-Aged Adult
(Late Start) Inside Washington Hospital: Rapid Detection of MRSA
Cough or Shortness of Breath, What to Do About It
Movement Disorders, Parkinson's Disease, Tremors and Epilepsy
(Late Start) Cancer Caregivers: Complementary Therapy
Peripheral Vascular Disease: Leg Weakness, Symptoms and Treatment & Percutaneous (Under the Skin) Treatment
The ABC's of Diabetes A1C, Blood Pressure and Cholesterol
Washington Township Health Care District Board Meeting November 10, 2010
Latest Principles for Wound Care
Cancer Caregivers: Panel Discussion
(Late Start) Your Concerns InHealth: Pediatric Care – The Pre-School Years
Minimally Invasive Surgery for Lower Back Disorders
Drooping Eyelid Problems & Four Major Eye Disorders and Vision Problems
Alzheimer's Disease Research Update
Superbugs: Are We Winning the Germ War?
Washington Township Health Care District Board Meeting November 10, 2010
Washington Township Health Care District Board Meeting November 10, 2010
Voices InHealth: Demystifying the Radiation Oncology Center
(Late Start) Take the Steps: What You Should Know About Foot Care
InHealth Special Report: The Patient Protection and Affordable Care Act Part 1
Maintaining Heart Health with Diabetes
InHealth Special Report: The Patient Protection and Affordable Care Act Part 2
Inside Washington Hospital: The Green Team
10:30 PM 10:30 AM
11:00 PM 11:00 AM
Citizen's Bond Oversight Committee Meeting October 21, 2010
Do You Have High Blood Pressure and Want to Learn How to Control It?
(Late Start) Financial Scams: How to Protect Yourself World Kidney Day
8:00 PM 8:00 AM
9:30 PM 9:30 AM
InHealth Special Report: The Patient Protection and Affordable Care Act Part 3
Arthritis: Do I Have One of 100 Types?
7:30 PM 7:30 AM
9:00 PM 9:00 AM
Washington Township Health Care District Board Meeting November 10, 2010
Kidney Disease
6:30 PM 6:30 AM
7:00 PM 7:00 AM
(Late Start) Effects of Smoking: Stop Smoking Workshop
Sepsis: Treatment of a Top 10 Killer
Planning Your California Advance Health Directive: Now is the Time
5:00 PM 5:00 AM
5:30 PM 5:30 AM
Heel Problems and Treatment Options
Osteoporosis and What to do to Prevent it
Voices InHealth: Nursing Excellence - Journey to Magnet Status
Connecting the Dots Diabetes and Gum Disease
Do You Suffer from Stomach Problems?
Skin Care and Prevention of Skin Cancer
Do You Suffer From Breathing Problems? Chronic Obstructive Pulmonary Disease or Asthma
Influenza and Other Contagious Respiratory Conditions
Inside Washington Hospital: Pediatric Care
Community Based Senior Supportive Services
WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
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Take steps to stay healthy while you’re on the go.
A
fter several slow years, travel is expected to be up this holiday season. According to one nationwide poll, 28 percent of Americans plan to travel for the holidays, up from 23 percent in 2009. More Americans will be crowding into airports and planes, while others will take to the road as the year draws to a close.
“If you are traveling, try not to get frustrated, angry or anxious. Make sure you allow extra time for any possible delays or complications so you won’t feel so pressured,” he advises. To avoid hang-ups with your luggage or carry-ons, be sure to double-check packing regulations ahead of time. Make sure you know any weight requirements, as well as
the flu. If someone next to you is sneezing or coughing, and they have a virus you haven’t had, you might get sick,” says Dr. Orenberg. “On top of this, you’ll be spending time in the plane’s dryer, recycled air and may be arriving in a much colder climate. All these factors add up to increased stress on your health and risk of illness.” Right now, it’s still not too late to get a flu shot. This will help with prevention if you are exposed to many viruses, advises Dr. Orenberg. Also, try to build up your immune system by making sure you eat healthy, get your vitamins and have plenty of rest before your trip. While traveling, drink lots of fluids to keep hydrated so you are more likely to ward off respiratory problems. Avoid drinking lots of coffee, as caffeine contributes to dehydration. Another tip: Since you can’t bring liquids through airport check-in, make it your first priority to buy a bottle of water once you arrive at the gate. Better yet, bring along your favorite water bottle and fill it once you’ve been through security check-in. Make sure you and any children traveling with you wash your hands or use hand sanitizer frequently. Regulations allow you to take small containers of liquid or gel onboard as long as don’t weight more than 3 ounces. “Don’t travel if you are ill with an upper respiratory inIf you are planning to take a vacation during the holiday season, try to prioritize what needs to be done and set reasonable expectations fection, cold, fever or sore ahead of time. For more information and tips to stay healthy while travelling, visit www.cdc.gov and click on “Travelers’ Health.” throat, adds Dr. Orenberg. The American Automobile Association what is prohibited, what you can carry on “This makes you unsafe to others.” also estimates there will be many more cars the plane, and what you must check in. While you are on the plane or in the on the road this year, at a time when the Consider mailing or shipping your gifts airport waiting for a connection, do some weather can be especially challenging. ahead so you won’t have to pack or carry neck stretches to stay flexible and more reSome people may opt to drive to avoid po- them. For more travel advice, visit the TSA laxed. If you are on a long flight, try to do tential hang-ups at airports due to inWeb site at www.tsa.gov/travelers. some leg bending exercises and, if possible, creased Transportation Safety Another reminder: if you are elderly or stand up and move around the cabin to Administration (TSA) screening regulaon regular medication: Be sure to take improve your circulation. This is especially tions. Meantime, many highways will be along a full list of your medications, inimportant for older people who may be at clogged with more construction projects cluding dosages. It’s also important to risk for stroke. than usual due to TARP funding. bring your doctor’s name, address and Also, consider bringing along healthy All of this can add up to a great deal of phone number, as well as any important snacks, such as cut-up fruits and vegetastress, which is never good for your health. medical records or copies of tests, such as bles, nuts or sandwiches. This will ensure “Airports may be extremely frustrating your latest electrocardiogram, if you have you and your family eat nutritious food this year, especially with the new TSA heart problems. while you travel, and you’ll save money. rules. Add this to the fact that many peoBefore you travel, be sure to get a good Other good ideas for staying healthy while ple hate flying anyway, and it means airnight’s sleep. This will make a huge differtraveling: ports and planes are likely to be especially ence in keeping your stress level down and • To avoid getting chilled, bring an extra stressful places this holiday season,” obenabling you to make better decisions if sweater or jacket on the plane with you. serves David Orenberg, M.D., Washingyou run into any problems. • Don’t drink excessive alcohol while flyton Hospital’s Medical Director of “Crowded airports and planes can be esing. Its affect is doubled while you’re in Emergency Services. pecially risky places for picking up a cold or the air, and you may end up feeling worse
when you arrive at your destination. • Take along a small package of essentials: aspirin, stomach soothers, gas relievers, lip balm—a good idea for all travelers. • Keep extra coats, boots and an umbrella easily accessible in your checked luggage, in case of wintry weather when you arrive. Many of these tips are good advice for road travelers as well. Also, be sure you bring along blankets and emergency food supplies in your care, and that your cell phone is fully charged. Finally, once you arrive safely at your destination, remember that one of the best ways to enjoy a healthy and happy holiday is to avoid overeating and overdrinking.
Get a Flu Shot Today! Washington Hospital Healthcare System is offer flu vaccinations to the community on the following dates and locations. Washington Urgent Care 2500 Mowry Avenue, Suite 212 Date/Time: Seven Days a Week, 8 a.m. to 8 p.m. Call: (510) 791-CARE (2273) or visit www.whhs.com/urgentcare for more information Washington On Wheels Mobile Health Clinic (see locations below) Call: (510) 608-3203 or visit www.whhs.com/wow for more information Fremont Senior Center 40086 Paseo Padre Parkway, Fremont Friday, December 3 10 a.m. to 3 p.m. Silliman Activity and Family Aquatic Center 6800 Mowry Avenue, Newark Thursday, December 9 10 a.m. to 3 p.m. Family Resource Center 39155 Liberty Street, Fremont Monday, December 13 10 a.m. to 3 p.m. Ruggieri Senior Center 33997 Alvarado-Niles Road, Union City Monday, December 20 10 a.m. to 3 p.m. Most insurance accepted. Cash discount available for those without insurance. Washington on Wheels is available to do flu shots on site at your company. Call for more details.
Learn How To Maintain Your Health At Upcoming Seminar ‘Tis the season to be jolly. Yet for many people, it’s a season filled with emotional and financial stress and too many commitments. Poor diet, lack of exercise and increased alcohol consumption also can sap your energy and jeopardize your health. “Stress can play a major role in disrupting people’s health and well being, and many people show increased symptoms of stress during the holidays,” says Michael Parmley, M.D., F.A.C.P., an internal medicine specialist on the medical staff at Washington Hospital. To help you decrease your stress and maintain your health during the holidays, Washington Hospital is sponsoring a special Health & Wellness seminar featuring a lecture by Dr. Parmley on Tuesday, December 7 from 1 to 3 p.m. The seminar also will feature presentations by a team of Washington Hospital registered dietitians.
To help you decrease your stress and maintain your health during the holidays,Washington Hospital is sponsoring a special Health & Wellness seminar featuring a lecture by Dr. Michael Parmley on Tuesday, December 7 from 1 to 3 p.m. The seminar also will feature presentations by a team of Washington Hospital registered dietitians.Visit www.whhs.com to register.
Tips for Reducing Holiday Stress One of the most important things you can do to reduce holiday stress is to lower your expectations,” he notes. “Don’t let your ideas of what the holidays ‘should be’ rule your life.” Dr. Parmley offers a number of suggestions for lowering the stress of the holidays: • Don’t feel you have to accept every holiday invitation you receive. Too many commitments can take a toll. • Spend your holiday time with people you enjoy. Don’t feel obligated to attend Aunt Edna’s annual bash if it always makes you cringe to be around her. • Be sure to get enough rest. Don’t let too many activities deprive you of the sleep you need. • Keep your gift list and holiday spending within reason to avoid the added strain of financial worries. “Many people are facing substantial financial pressures these
days,” he emphasizes. “Overspending and going into debt can only accentuate the financial stress. Instead of breaking the bank, consider making some of your gifts or giving personal ‘gift certificates’ to run errands or baby-sit for your loved ones.” Avoiding Overindulgence Overeating and drinking in excess are other holiday traps to avoid, according to Dr. Parmley. “The key to healthy eating is to stick to a healthy menu,” he explains. “Holiday goodies certainly can be tempting, and you shouldn’t feel guilty if you indulge in a special holiday dessert. The trick is to eat in moderation. Keep a regular schedule for meals and be sure to include healthy foods like fruits and vegetables along with that occasional treat.” Don’t Forget to Exercise If you’re tempted to reduce or skip your exercise regimen during continued on page 4
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WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
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dren, purchase of art books for public library and juvenile detention center, capital improvements at the Olive Hyde Art Gallery, special gallery exhibits and gallery promotions. The “Holiday for the Arts” Show and Sale is held at the City of Fremont’s Olive Hyde Art Gallery and Art Center. This charming setting of a three-room gallery building and upper Mission Room building is separated by a lovely courtyard. A large tent for food service will be set up in the court-
yard for the Friday night gala. You’ll find many unique gift items and your purchases will benefit the community wide and far. A completed gala ticket stub will serve as an entry in a drawing for an original art piece, a Photo Collage by the Olive Hyde Art Guild member, P. Kay Hille-Hatten. (Winner need not be present). Holiday for the Arts Gala Friday, December 3 5:30 p.m. – 9:00 p.m. Gala Tickets Members $12.50 $15.00
Non-members and at the door Show and Sale Saturday and Sunday December 4, 5 10 a.m. to 5 p.m. Free Olive Hyde Art Gallery 123 Washington Boulevard, Fremont (510) 791-4357 www.fremont.gov/Art/OliveHydeArtGallery Ticket information galatickets@olivehydeartguild.org.
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the holidays because you’re too busy or too tired, try to work some simple physical activities into your holiday schedule. “Exercise is great for reducing stress, so it’s important to keep up your physical activity,” Dr. Parmley says. “Instead of sitting around watching football, go on a walk with the family. Instead of stressing out about finding a parking spot right in front of the grocery or department store, go to the far end of the lot where it’s easier to park and get some exercise walking to and from the stores.” Dr. Parmley cautions that exercising in cold weather should be done in moderation. “Overexerting in cold weather – especially early in the morning – may increase the risk of heart attacks,” he says. “Even here in the Bay Area, where we’re not out shoveling snow, you should make sure you’re properly warmed up before exercising outdoors. And don’t go wild on the ski slopes if you’re not in good shape and properly warmed up.” Guard Your Physical and Mental Health Other tips for maintaining your physical health during the holiday season include taking commonsense precautions against catching a cold or the flu: • Wash your hands frequently and avoid touching your nose and mouth. • Limit your exposure to large crowds and avoid
traveling on airplanes if you have a compromised immune system. • If you haven’t already done so, get a flu shot. Even though flu season has already started, vaccination can still be beneficial. • Stay home and take care of yourself if you do get sick – don’t spread your cold or flu to others. “People who are planning holiday travel to another country should be sure they have all the recommended vaccinations, in addition to the flu shot,” Dr. Parmley adds. Maintaining your mental health also can be difficult during this sometimes-stressful time of year. “The holidays can be particularly hard for people who have suffered a major loss, whether it’s a loved one or a job or a foreclosed home,” Dr. Parmley notes. “If you’re feeling depressed, it may help to get plenty of exercise and get involved with other people in activities that lift your spirits,” he advises. “If you become incapable of functioning normally, consult your doctor right away. While some causes of depression are emotional in nature, there are physical factors that can lead to depression, too, including thyroid problems, anemia, diabetes, kidney problems, and even vitamin deficiencies. It’s better to seek help sooner, rather than later.”
Learn how to prevent holiday weight gain SUBMITTED BY RENEE SNYDER, ST. ROSE HOSPITAL The holiday season is a time to celebrate with family and friends. However, for many it is a time notorious for over-eating and, unfortunately, weight-gain. According to the National Institutes of Health, holiday eating, or over-indulgence, can result in weight-gain of a pound or
two every year. Over a lifetime, holiday weight gain can be substantial with serious consequences. The holiday season does not have to mean an increase in weight nor does it mean depriving oneself of favorite holiday goodies. Join us for a free Holiday Dietary Class to learn more about eating healthily with a balance of food, festive activity and fun with family and friends during the holidays.
Attendees will learn to make adjustments to their favorite seasonal recipes to produce healthier, yet still enjoyable, dishes without destroying their waistline. To register, call (510) 264-4044. Holiday Dietary Class Wednesday, December 8 12 – 1 p.m. St. Rose Hospital Sherman Balch Pavilion 27200 Calaroga Avenue, Hayward (510) 264-4044 Attendance is free
Local sales tax allocations mostly flat SUBMITTED BY ANITA GORE The California State Board of Equalization (BOE) announced on November 24, 2010 that November sales tax allocations to local governments statewide will remain mostly flat compared to those made a year ago. The 5-member California State Board of Equalization is a publicly elected tax board. The BOE collects more than $48 billion annually in taxes and fees supporting state and local government services. It hears business tax appeals, acts as the appellate body for franchise and personal income tax appeals, and serves a significant role in the assessment and administration of property taxes. Thirteen jurisdictions will receive an increase; 42 will receive a negative adjustment; 678 will remain flat and 35 will receive no allocation. BOE makes monthly allocations to 768 local jurisdictions based on a formula that includes historical allocations, growth factor adjustments to the base, transfers and audits and actual cash receipts.
Initial statewide cash receipts from taxable transactions in the third quarter of 2010 indicated a decline of approximately 9.3 percent. A subsequent review of cash receipts for all of the third quarter of 2010 shows an approximate 8 percent decline. If a decline in revenues for a jurisdiction exceeded 5 percent, 5 percent was deducted from the November 2010 advance payment. If an increase in revenues for a jurisdiction was greater than 5 percent, 5 percent was added to the November 2010 advance payment. No adjustments were made to advances for jurisdictions whose increase or decrease in revenues fell between -5 and +5 percent. Beginning in the fourth quarter of 2008, the BOE made large-scale reductions in payments to local taxing jurisdictions due to an unprecedented drop in taxable sales stemming from the recession. For more information, visit www.boe.ca.gov. The schedule of November 2010 payments is at www.boe.ca.gov/news/november_2010_pa yments.xls
November 30, 2010
WHAT’S HAPPENING’S TRI-CITY VOICE
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WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
Wednesday December 1st 10am-3pm
Holiday Bazaar
For more information: Carlton Plaza of Fremont 3800 Walnut Avenue Fremont, CA. 94538 510.505.0555
SUBMITTED BY ANNE RILEY AND MEGANA VEMULA It’s snowing in Fremont! This musical tells the story of romance and musical mix-ups during the holiday season. It is a story of two army buddies, a successful song and dance team, putting on a show with two singing sisters to save the inn of their former commanding general. Mission San Jose High School Performing Arts Department presents “White Christmas” performed by an incredible cast including Karthik Raman as Bob Wallace, Jonathon Barouch as Phil Davis, Amy Mendonca as Betty Haynes, Lizzy Bode as Judy Haynes and Erik Scilley as General Waverly with music performed by the Mission San Jose High School Orchestra.
Start your holiday season with White Christmas and enjoy an evening full of dancing, laughter, fun and some of the greatest songs ever written. For more information, call (510) 668-6077 or email at up.msjhs@gmail.com. In addition, you could visitmsjpups@yahoogroups.com for further information. White Christmas December 3, 4, 10, 16, 18 - 8 p.m. December 11and 18 - 2 p.m. Mission San Jose High School Little Theatre 41717 Palm Avenue, Fremont (510) 668-6077 up.msjhs@gmail.com General Admission: $12 Seniors/children under 12: $10
SUBMITTED BY MARY-LYNN PELICAN Renaissance Now, a non-profit organization, will stage an evening of fashion and entertainment to benefit impoverished artists. This is an evening to promote the idea of Artists Helping Artists. There will be a fashion show, live music, candlelight dinner, and dancing. The goal is to raise $5,000. Radhika Mitra, founder of Renaissance Now, is a student affiliate member of AAUW and currently the
Come shop local vendors, jewelry, treats, goodies, and be the first to boast that you are all done with your Holiday shopping. First 30 guests to sign up recieve FREE gift-wrapping and an entry into our fabulous holiday raffle.
Tech Trek chairperson. She was the 2005 Tech Trek scholarship recipient. Renaissance Now levels the playing field for talented underprivileged artists around the world, to win over poverty, exploitation and human trafficking and assists artisan communities to develop sustainable income. Renaissance Now fashion show Friday, Dec 3 7 p.m. – 10 p.m. Sunol Jazz Café 11986 Main St., Sunol http://rennow.org/synergy.html
WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
Irvington High School seniors make history by creating an Apple iPhone application
PHOTOS AND STORY BY RAJESWARI RAMANATHAN While most students spend hours with their eyes glued to the newest addicting game on the iPhone, inventors and Irvington High School seniors Rohan Agarwal, Rahul Bhatia, and Akshay Narayan decided to use
thing original that used physics and common reasoning. The game, “Galactic Odyssey,” revolves around the use of gravity to get oneself back home in a rocket. The hardest part is understanding game functions in relation to the gravity of the other planets. “This game is so addicting! I played for 2-3 hours straight on my flight to Chicago,” read a
Rohan Agarwal
logic, science, and interaction to create one. On November 15, their iPhone application, Galactic Odyssey, was approved and released into the application store, and can now be bought for 99 cents. Like many other young adults, Agarwal and Narayan became interested after seeing their fathers create the application, Micello Indoor Maps. They felt that with their knowl-
Akshay Narayan
edge and support from family, they could create an application, too. The actual idea of the rocket game was created while discussing it among themselves in their Advanced Placement English class last year. The three friends decided to take up the project in June of 2010, and throughout the process, interacted with family members to make the application as perfect as possible. “We didn’t have much outside help, and we got through everything together, but we did bounce ideas off our families along the way,” said Agarwal. “For example, I found myself teaching my mom sin curves in an effort to clear things up for our programming.” A six-month project from June to November proved that hard work really pays off. The team faced several obstacles but kept finding solutions and never gave up. They knew they were heading in the right direction. Narayan explained that the hardest part was “debugging,” making sure that the game would work under any situation. He said, “We had one random bug where our scoring system could be altered by entering and leaving levels in a certain order.” Agarwal, Bhatia, and Narayan created the game from scratch and took no inspiration or ideas from others. They wanted some-
customer comment on the application store. “It’s pretty difficult, but that’s what makes me want to keep playing it. Also, it’s amazing how the creator was able to implement gravity into the game. Bigger planets have more gravity, which is a real-life characteristic.” The three friends will earn 70 percent of the profits, while Apple takes 30 percent. After receiving great reviews from family, friends, and complete strangers, Agarwal, Bhatia, and Narayan are hopeful that they can earn quite a bit. While Narayan and Bhatia are focusing just on their current work in school, Agarwal is definite about his plans for the future. He plans to pursue engineering in college and become an entrepreneur, starting his own company in the future. Other than technology, the three are avidly involved in the Speech and Debate team and Chess. Agarwal is the current President, Bhatia is Treasurer, and Narayan is the Parliamentary Debate captain. Additionally, Bhatia and Narayan are members of the “We the People” team on campus. When it comes to chess, the three are very competitive and have been playing for over ten years. Recently, Agarwal, Bha-
Rahul Bhatia
tia, Narayan, and senior Ankita Roy of Irvington High School hosted the first Fremont Elementary School Chess Championships attracting approximately 90 student entrants. Narayan is also a National Merit Semi-Finalist and helps coach his younger brother’s soccer team. The three are not yet sure what their next idea will be, but Agarwal sees it as a solution to an everyday problem. He said that it could possibly be another application, online resource, or a physical product sold in stores.
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November 30, 2010
South Fremont/Warm Springs Area Studies Community Meeting The City of Fremont will convene a second Community Workshop on the South Fremont/Warm Springs Area Studies. The Workshop will be held on Monday, December 6, from 6:30 p.m. - 9:00 p.m. at the Warm Springs Community Center, 47300 Fernald Street, Fremont. The focus of the December 6 workshop will be primarily on framing a series of Land Use Alterna-
BY SUPERVISOR DAVE CORTESE
W
ell, it is that time of year again – flu season is upon us. I want to take a few moments to talk about influenza and pass on information about vaccination. According to the Santa Clara County Public Health Department, flu is a respiratory infection caused by a virus. There are many different types of viruses that cause flu. Symptoms range from fever, headache, body aches and pains to coughing, sneezing and chest discomfort. Often the fever will subside after four days. However, weakness and fatigue can persist for two to three weeks. Serious flu complications can be life-threatening, especially for the chronically ill. Check with your doctor if you have flu-like symptoms or if you need more information for a full recovery. There are several things you can do to prevent falling sick or, if you are ill, to reduce the chances of infecting others. Avoid touching your eyes, nose, and mouth. Cover your mouth and nose when you cough or sneeze. Dispose of tissues immediately; don’t save them on a table or couch until you feel well enough to throw them away. Wash your hands often with soap and warm water, particularly after coughing, sneezing, or blowing your nose. Stay healthy with a good, balanced diet, drinking plenty of water, exercising and getting enough rest. If you, or a family member, are sick, you should stay at home and avoid the workplace. Sick children should not go to school or daycare. It is important to prevent spreading illness to others. Some groups are vulnerable to catching flu and possible complications. Children aged six months to five years; anyone over the age of 50; pregnant women; people with health conditions such as asthma, chronic obstructive pulmonary disease (COPD), diabetes, heart or neurological disease; Adults with a Body Mass Index over 40; and residents of nursing homes or chronic care facilities. There is a vaccination that can be administered to most older than six months. It helps protect from a variety of different types of flu anticipated in our community this year. Last flu season, there was concern over H1N1 and many people obtained both a flu shot and an H1N1 shot. This year, only one injection is needed for protection against H1N1 and several other flu strains. Anyone caring for a baby
tives for the study area. Input at the meeting is welcome and encouraged. Information about the South Fremont/Warm Springs Area Studies and related documents are available at http://www.fremont.gov/index.aspx?NID=1093 or by contacting Brian Millar, Project Manager, at (510) 284-4008 or bmillar@fremont.gov.
younger than six months and healthcare workers should be inoculated sooner rather than later. It is very important for those in the high-risk categories mentioned previously to consider getting a flu vaccination. Those who are allergic to eggs or have reacted to the flu vaccine in the past or are seriously ill may not be able to be vaccinated. Please check with you doctor if you have any questions before having a flu shot. Additionally, in California, Pertussis has been declared an epidemic. Although it causes mild symptoms, if any, in adults, this disease causes serious complications for babies younger than 12 months who have not been fully vaccinated. This year, in California, 10 babies, most aged less than three months, have died from Pertussis which is transmitted by the people around them. All adults, who live with or are in regular contact with children younger than 12 months, are advised to obtain a TDAP vaccination. For more information or to find the nearest location for flu shots or TDAP vaccinations, check with your doctor, local pharmacy or visit the Public Health Department’s website at www.sccphd.org. Be safe, stay healthy and feel free to contact my office about this or any other topic at (408) 299-5030 or dave.cortese@bos.sccgov.org.
November 30, 2010
BY SUZANNE ORTT PHOTOS COURTESY OF SUBU GUPTA
I
f you were at Irvington High School on November 20, you witnessed an amazing robotics competition. Sponsored by the FIRST Lego League, the organization’s mission is promoting science and technology
among youth worldwide. The tournament has two parts: the Robotic Game and the Project.
Seven fourth-graders from Eastin Elementary School in Union City took part: Mahika Gupta, Samay Mishra, Neyaz Siddiqui, Riya Arora, Kristina Kakadia, Viren Srivastava, and Anwesh Mohanty. The genesis for joining the Challenge began when Samay, who wanted to be a member of the team, heard about it from his brother’s friend. Simultaneously Riya’s father learned of the competition and spread the word. With parental support, these students decided to enter the Challenge working four days a week
WHAT’S HAPPENING’S TRI-CITY VOICE
after school on the planning and process; they evolved into a cohesive group named the Eastin Incredibles. Building a robot from Legos was a beginning step. Next was programming the chip (the brain) of the robot. Annesh and Neya particularly liked the challenge of programming. Part of the process was building a table ac-
cording to contest standards. This was used for as an obstacle course. Viren liked working with the robot and watching its motions. The theme for this year’s tournament was the “Body Forward,” involving biomedical engineering. The Eastin Incredibles chose amnesia as the research topic. Working online for information, the seven also met with Dr. Vineetha Singh, a neurointensivist at San Francisco General Hospital. She was impressed with the proposed device to help amnesia patients. All decided to write a skit acting out three common types of amnesia: traumatic, hysterical, and retrograde. The troupe performed the skit in pairs. Another task was the presentation board which Mahika worked on. The hardworking youths also included Kristina, Neya, and Samay. The Eastin Incredibles said they were ready for the competition. Even though the team did not advance to the next round, these future scientists consider this a truly awesome experience.
Hayward Unified School District Board report Puente Project highlighted during Student Recognition; outgoing Board members honored BY ROBIN MICHEL At the November 17 Hayward Unified School District (HUSD) Board meeting, the Board recognized the Puente Project at Tennyson High School. Counselors Senda Rios and Jeannette Hernandez were accompanied by two ninth grade students, each of them wearing the Puente tee-shirts and sharing information about the program and the recently attended Annual Puente Conference, held at the University of California, Davis. Goals of the Puente Project are “to increase the number of educationally underserved students: who enroll in four-year colleges and universities, earn college degrees, and return to the community as mentors and leaders.” This national award-winning program first started in 1981 at Chabot Community College and has now expanded to 33 high schools and 59 community colleges throughout the state of California. Puente provides college preparation English courses, intensive academic counseling, mentoring, and parent involvement. The English courses create “familia” in the classroom and provide a curriculum that integrates Mexican-American/Latino literature. Students are given community-based writing assignments and develop writing portfolios. Community involvement is a strong component—Puente students are encouraged to develop leadership skills and give back to their community.
As 9th grade student Joanna said about her experience in the program and attending the conference, “I feel that I can do as much as anyone…I can stand and be helpful to the world.” The Board thanked Counselor Senda Rios, who is planning to retire in June, for her devotion to the Puente Project and her students. She has been with the HUSD program for fifteen years. In addition to Tennyson High, both Hayward and Mount Eden High Schools have the Puente program. Hayward principals were also at the board meeting to hear the presentation by Executive Director of Academic Affairs Letty Salinas and answer any questions the Trustees might have regarding the Single Plan for Student Achievement (SPSA) for their schools. In order to make specific timelines, three plans were approved earlier at the October 27 meeting, with the rest at this meeting. The SPSA is a document required by law to address the district’s Program Improvement status. The School Site Councils (SSC)are responsible for the development, implementation, monitoring and revision of the plan, although one Harder Elementary parent and SSC member made public comments that an emergency meeting had been called that gave members little time to study what it was they were being asked to vote on. (Ms. Salinas later said that each SSC meeting continued on page 16
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November 30, 2010
History
BY DIANE CURRY, CURATOR
I
n looking at Hayward’s history, it is expected and appropriate that a great deal of attention be given to William Hayward, the city’s namesake. But, as with most famous men in history, there is a woman behind the man who helped make it all possible. Rachel Hayward is the woman behind the man in this case. She was often called the “Mother of Hayward,” because of her work, care, interest, and attention to the growing town. Though much of her life remains
Rachel Hayward, c. 1900
Anniversary party for George and Emma Oakes. Rachel Hayward, a good friend of Emma’s stands in a place of honor in the center of the photo, 1901
a mystery at this point, there are enough clues to paint a picture. Rachel Hayward was born Rachel Rhodes (sometimes spelled Roads) in Layette, Indiana in 1831. Little is known of her early life but she apparently married C.Z. Bedford around 1848 in Tippecanoe County, Indiana when she was 17 years old. She had at least one child who survived to adulthood from this marriage, her daughter Mary, born around 1851. In 1858, Rachel came to California leaving her daughter temporarily in the care of her parents. Her husband probably died around that time as she claimed later in life that she was a widow. Her sister, Emiline Hamer and her family had come to California a few years prior making their home in the East Bay. Rachel may have stayed with her sister for a short time and by 1860, she is listed in the census living in the home of a cousin in San Lorenzo, working as a seamstress. Rachel disappears from the historical record again for a few years; she never said much about her life prior to coming to Hayward. In 1866, Rachel with her daughter Mary, who had joined her mother in California at some point, made a fateful stagecoach ride to the little town of Hayward. She probably came to town to visit Emiline who had just moved to the area. Emiline’s husband died the year prior and she had just purchased three acres and a house at B Street and First Street (Foothill Boulevard today). Emiline had four children of her own and may not have had room for her sister and niece so Rachel got a room at the Hayward’s Hotel. The hotel was the main attraction in town. It sat at the top of the hill on roughly the northwest corner of A Street and Main Street. William Hayward had begun building the structure in the mid-1850s and it evolved through many additions and ren-
Street and from Second Street to Watkins Street. Less than a 1000 people made their home here. Rachel and William Hayward struck up a friendship. They were both widowed with daughters, though William’s daughter Louisa was actually close to Rachel’s age. Their friendship turned into a courtship and in April 1866, William and Rachel married at her sister’s home. The couple then left for a six-month honeymoon in the Sierra foothills. It is unclear if they were simply taking a sojourn around Mr. Hayward’s old mining
A modest Hayward’s Hotel, 1876
stomping grounds or if they were doing a little prospecting themselves. For part of the trip, Rachel was pregnant with the couple’s only son, William Martin, born March 1867. Rachel was 37. William Hayward had diverse business interests throughout town. To keep the main source of income going, and while caring for her family, Rachel essentially became the manager of Hayward’s Hotel. It seems that most of those renovations and additions to the hotel happened under her watch. Hotel guests and Hayward residents perceived her as the premier hostess in town. Hayward’s Hotel became known for its accommodations not only because of the quality of the rooms but also for celebrations held there and the great food. Rachel was considered a great cook and it is likely that she
Hayward’s Hotel around the time of Rachel’s death in 1917
ovations over several decades into a majestic hotel. At the time of Rachel’s arrival, the hotel consisted for 25 rooms. The entire town had just a handful of businesses and houses located in the blocks between A Street to D
the area and they all knew her. A quote from the local newspaper editor said, “To have known Mrs. Hayward was a rare privilege, and many there are who came in touch with her charming personality.” She also participated in local social organizations such as the Farm Bureau, the Rebekah Lodge, and later the Hill and Valley Club. William Hayward died in July 1891 having suffered for some time from cancer. His will stipulated that all his holdings be sold, including the hotel, with the proceeds (which amounted to well over $100,000) going in part to his two children, Louise and William, and the largest percentage going to Rachel. The following year, Rachel’s niece, Lulu Hamer, committed suicide at her mother’s home on B Street. Rachel then lost her son, William, to a bout of pneumonia in November 1893. He was 26 years old. During this time, the hotel was owned and operated by someone else but Rachel’s connection to the hotel had not ended. A large article in the local newspaper, also in November 1893, announced that Rachel was back in charge of the hotel and busy redecorating with all new furniture and carpets. She planned to host a reception to celebrate her return to managerial duties when the redecoration was complete. There was no follow-up to this announcement so the death of her son may have curtailed Rachel’s plans for a celebration. By 1900, Rachel was living with her daughter Mary and her family in Oakland. Rachel may have retired by this time. She eventually returned to Hayward and lived at the hotel where she died in 1917 at age 86. Her funeral was one of the
cooked for special occasions and also supervised additional cooks in the kitchen. Throughout the 1870s and 1880s, all the big social events in town were held at Hayward’s Hotel. Rachel knew everyone in
largest held in town. George W. Frick, Superintendent of Oakland Schools and former principal of Hayward Union High School, gave the eulogy followed by a tribute from the president of the Hill and Valley Club. Town officials, businessmen, and friends all attended and were part of the procession from Eden Congregational Church to her final resting place beside her husband at Lone Tree Cemetery. The esteem and fondness residents of Hayward held for Rachel was summed up nicely in her obituary, “…ever since those early days 59 years ago, has her life and good works been identified with Hayward’s best interest. It was to her as it were, a child of her own heart to love and foster, to hope and plan for, and all this she did with a mother’s love and fidelity, and because of her loving care she became known as the honored mother of Hayward.”
Diane Curry is the Curator of the Hayward Area Historical Society and Museums (HAHS) in downtown Hayward. Their mission is to celebrate the histories of the diverse communities that make up the Hayward area. The museum is located at 22701 Main Street, Hayward, 94541. For more information on current exhibits and programs visit their web site at www.haywardareahistory.org.
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Footnotes Happy December, everyone! Here are some titles to keep you company this fall: For infants and toddlers: “ABC: Baby Me!” by Susan Katz. A very gentle boardbook with sweet illustrations; each letter has something to do with the baby’s day. A is for Adore me; B, Bathe me; C, Cuddle me…sure to be a favorite with parents and their young ones. Great gift idea as well! (Random House boardbook, $7.99) For preschoolers: “Wiggle” by Doreen Cronin. Do you know a little wiggler? Someone who seems to have energy every moment of the day? This book is for them! Funny illustrations and great silly rhymes have Dog wiggling and readers giggling as they follow him on his day. “Do you wake up with a wiggle? Do you wiggle out of bed? If you wiggle with your breakfast, it might wind up on your head!” By the end of the book, wigglers are wiggled out and Dog is falling asleep under the moon. A great choice for reading aloud at bedtime. (Simon Schuster hardback, $14.99) For kindergarteners and 1st graders: “The Famous Nini: A Mostly True Story of How a Plain White Cat Became a Star” written by Mary Nethery and illustrated by John Manders. Nini was a white stray cat who wandered into a little café in Venice one day. The owner tried to explain that there wasn’t much, because she hasn’t had many customers. Then one day, the great composer Verdi happened to drop by. He was very frustrated because he couldn’t figure out how to finish his opera. As it happened, Nini meowed. “The perfect note!” Verdi cried, delighted at Nini’s inspiration. Word soon traveled around town that there was an amazing cat who could solve problems. All sorts of folks arrive for help, including the Pope, the royals, and even the Princess of Ethiopia. Was Nini’s brilliance a fluke? If so, that would have been a disaster! Loosely based on a true story from 19th century Venice, Nethery’s book has a wonderful sense of humor and joy. (Houghton Mifflin hardback, $17.00) For 3rd graders and up: “Harmony Children’s Edition: A Vision for Our Future” by Charles HRH the Prince Of Wales. With glorious photos and clear explanations, Prince Charles explains that our world is having ecological problems. He points out all sorts of wondrous things that our world has provided to science, and alludes to yet more mysteries to be uncovered. At the end he invites children to join him in his efforts to help keep our world balanced and healthy. A lovely book to share with your family. (HarperCollins hardback, $16.99) For 3rd Grade and up: “The Lost Children” by Carolyn Cohagan. Josephine lives a very lonely life. Her father barely speaks to her, but gives her gloves to wear every day (it’s the law). School children ignore her and she has no friends. Imagine her surprise when one day she finds in her backyard a very confused boy. He can’t speak, but is clearly hungry, so she invites him in for breakfast. Asked where he came from, he points at her garden shed! That can’t be, she thinks, but nevertheless goes to explore it the next day. She goes towards the back, there is a blinding light, and she passes out. When she wakes up, she is in a different place altogether. She’s in an orphanage, where orphans are used as factory workers in awful conditions. Josephine doesn’t care where she is – she wants out! And she’s determined to save the boy as well, just as soon as she can find him! Great adventure, with a surprise twist at the end. (Aladdin hardback, $16.99) For 5th grade and up: “The Clockwork Three” by Matthew J. Kirby. Three children with totally separate lives live in a town in the U.S. Hannah is a maid in a hotel, forced to work to support her family when her father has a stroke. Guiseppe is a busker, a street musician who at the end of each day has to turn over his earnings to his mean padrone. Frederick is an orphan who has been apprenticed to a clockmaker. One day, a chain of seemingly unrelated events will bring these three to-
gether. Hannah will be asked to work for a wealthy woman, just as her father’s doctor lets her know that only a very expensive medicine will help her father. Guiseppe finds a beautiful violin, much better than his own, and learns he can make much more money with it. He desperately wishes to return to his native Italy, to his family. Could this be his chance? But how to hide his new success from his padrone? And Frederick, who has been working on a secret project, thinks he may have at last found an answer. Fate will bring them together, and together they will have to face their problems. Failure would mean disaster, jail, or much, much worse! (Scholastic hardback, $16.99) For 5th grade and up: “The Last Newspaper Boy in America” by Sue Corbett. Wil David has been waiting for his twelfth birthday forever! It’s a tradition in his family that whoever turns 12 gets the responsibility of delivering his small town’s newspapers every morning. This may not sound exciting, but it is a job, and it’s a chance to earn money towards the new computer Wil’s been wanting. Besides, people in Steele are dependent on the paper for job listings and the news (the cable feed just isn’t that reliable). Just as he’s about to take the job, Wil is called and told that his newspaper has decided to end deliveries to Steele, Pennsylvania. Meantime, Wil’s father is in a fight to save the town before everyone deserts it, leaving a ghost town where it used to be. At first Wil is a bit lost – how do you take on a corporation? With his space cadet brother, a neighbor girl who won’t seem to get the hint to go home, and some very loyal customers, Wil is not only going to fight for his job, but for his very home. An adventure and a comedy all rolled up in one. (Puffin paperback, $6.99) For Junior High and up: “Water: Tales of Elemental Spirits” by Robin McKinley and Peter Dickinson, and “Fire: Tales of Elemental Spirits” by Robin McKinley and Peter Dickinson. Robin McKinley has written wonderful books, such as “Blue Sword,” “Hero and the Crown,” and “Sunshine,” while Peter Dickinson has written “Flight of Dragons” and “The Ropemaker.” Together this great writing duo presents two volumes of short stories, each of which would have made a terrific book. In “Water” you’ll meet mer-people, sea dragons, and a Watcher charged with keeping water in its place (preferably not flooding the land!). In “Fire” there’s a hellhound (not at all what you’d expect), a phoenix with his caretaker, a dragon who cannot complete her flight, and salamanders (oh, be very careful around the salamanders). With rich characters and fantastic plots, you might find yourself as I did, unable to stop reading! “Water” is available in paperback (Firebird paperback, $8.99), “Fire” in hardback (Putnam hardback, $18.99, although there are bargain prices for this one available).
By Dominique Hutches Com m entsorQ uestions: W hat’sH appeningTri-CityVoice 510-494-1999 tricityvoice@ aol.com Dominique Hutches is the proud mom of three extraordinary daughters, three dogs and one very dignified cat. An avowed bookaholic, she has volunteered with the Alameda County Library Bookleggers, a literacy project bringing terrific books into the classrooms of children grades K-8, for 22 years. Dominique is the Library Media Systems Administrator for the Fremont Unified School District, who loves her job because she spends a lot of time in the school libraries!.
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WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
41 states see job gains in Oct., most in 5 months BY CHRISTOPHER S. RUGABER AP ECONOMICS WRITER WASHINGTON (AP), Nov 23 _ Businesses and other employers added jobs in 41 states in October, the best showing in five months, the Labor Department said Tuesday. The figures indicate the job market is picking up a bit in most parts of the country. Even the nation’s hardest hit states _ Nevada and Michigan _ showed declines in their unemployment rates. The Labor Department said the jobless rate fell last month in 19 states, remained the same in 17 and rose in 14. Unemployment can rise when jobs are created if more people begin searching for work. The job gains are an improvement from September, when only 16 states reported gains and 34 reported drops. But the additional hiring isn’t large enough to rapidly bring down unemployment in many states. “These numbers suggest we’ve stabilized and started to show real improvement,” said Anthony Chan, chief economist at JPMorgan Private Wealth Management. “But we’re a long way from crafting
the ‘Mission Accomplished’ sign.” The nation’s four worst-hit states all reported some positive developments, evidence that the economic downturn is loosening its grip. Nevada reported the first decline in its jobless rate in nearly five years. The state’s unemployment rate, the nation’s highest, fell to 14.2 percent from 14.4 percent in September. Michigan, with the nation’s second-highest rate, said unemployment declined to 12.8 percent from 13 percent. That’s the first drop below 13 percent in 19 months. The states with the third- and fourth-highest unemployment rates, California and Florida, both reported job gains. California added nearly 39,000 jobs in October _ the largest net gain in four and a half years. Still, its unemployment rate remained at 12.4 percent, as more people looked for work last month. Florida’s jobless rate was flat, at 11.9 percent, even after employers added 6,900 jobs last month. In the past year, the state has gained 35,700 jobs, its strongest 12month gain since May 2007, the state government said. People who are not actively job hunting are not counted in
the unemployment rate. They can range from those who don’t want jobs, to those who are in school or have given up looking. Nevada, California and Florida were hammered by large housing busts. Michigan suffered as U.S. auto sales plummeted and GM and Chrysler laid off thousands of workers and sought bankruptcy protection. Recently, Las Vegas has seen a rise in visitors, said Steve Cochrane, a regional economist at Moody’s Analytics. That’s an important boost to Nevada’s tourism and gaming industries. Still, arrivals through the Las Vegas airport are down, which means many visitors are driving in from nearby places like Southern California. Those visitors tend to spend less at casinos than overseas visitors, Cochrane said. The latest report also shows how much states such as Nevada are still struggling. The state still saw a decline in total jobs last month. Its unemployment rate fell because many of those out of work are giving up on their job hunts. Nationwide, employers added 151,000 jobs in October, while the unemployment rate was unchanged at 9.6 percent. Companies added the largest net gain in jobs in six months.
BY JEANNINE AVERSA AP ECONOMICS WRITER
AP WIRE SERVICE NOV 27 OAKLAND, Calif. (AP) - Oakland is moving forward with plans for a municipal identification card that is being touted as the first in the nation that would double as a full-fledged debit and ATM card. The goal is to help any city residents, including illegal immigrants, who may have difficulty obtaining a state-issued ID prove their identity. Card holders would also be able to load money onto their cards and use them wherever ATM cards are welcome. Oakland officials say that would allow people without bank accounts to avoid high check-cashing fees or the need to carry large amounts of cash. “This will probably be the most advanced municipal ID in the country,” Councilwoman and Mayor-elect Jean Quan told the San Francisco Chronicle. The City Council this month awarded a contract to a private company to issue the cards and administer the program. It would not cost the city any money. The company would charge a fee of $15 for adults and $10 for seniors and youth to set up the cards. The Oakland Tribune reports that the debit feature would cost an additional $6.95. The cards could be replenished with cash or checks at a cost of $2.95. They could also be set up to receive direct deposits. To avoid ATM fees, users could use the cash-back feature when using the card to make purchases. Oakland officials say the cards could begin being issued as soon as March. “It’s a card that can serve all Oakland residents,” said Elias Enciso, director of business development for SF Global Group, the company awarded the contract for the cards. “Because it’s a debit card, it would serve many U.S. citizens who have been kicked out of the banking system.” San Francisco and Washington, D.C. are among the other cities that offer municipal identification cards although neither includes a full debit option.
WASHINGTON (AP), Nov 23 - The economy grew slightly faster last summer than first thought, benefiting from stronger spending by American shoppers and improved overseas sales of U.S. goods. The Commerce Department reported Tuesday that the economy expanded at a 2.5 percent annual rate in the JulySeptember quarter. That was better than the 2 percent pace initially estimated last month. The pickup in growth comes after the economy slowed sharply in the spring, advancing at an anemic rate of just 1.7 percent. Still, the economy would need to grow at least twice as fast as it did in the third quarter to make a dent in the 9.6 percent unemployment rate. That’s why the Fed recently jumped in with a second round of stimulus. The Fed announced Nov. 3 that it will buy $600 billion worth of government bonds. The effort is aimed at getting Americans to spend more by making loans cheaper and by boosting stock prices. But no one - including Fed Chairman Ben Bernanke - thinks the program would create the robust growth needed to ratchet down the unemployment rate. “Growth is not where we want it to be or where it should be,” said economist Ken Mayland of ClearView Economics, after the new reading on economic activity. In another report, sales of previously owned homes slipped slightly in October. High unemployment and hard-to-get credit kept buyers away. The National Association of Realtors said existing-home sales dipped 2.2 percent last month to a seasonally adjusted annual rate of 4.43 million units. Sales in October were 38.9 percent below their peak of 7.25 million units set in September 2005 during the height of the housing boom. The median price for a home sold in October was $170,500, down 0.9 percent from a year ago. Prices continue to be depressed by weak sales and a huge overhang of unsold homes. In the third quarter, consumers boosted their spending at a 2.8 percent pace, the most in nearly four years. That was a stronger showing than the 2.6 percent pace first estimated. Even with the improvement, consumers would need to spend more to have a significant impact on the jobs market. That’s because consumer spending accounts for roughly 70 percent of all national economic output. Paul Dales, an economist at Capital Economics, said a “meaningful acceleration” in consumer spending seems unlikely while job growth remains muted and Americans are struggling to repair their finances at a time when their home values are dropping. On Wall Street, investors looked past the better reading on third-quarter economic growth. The Dow Jones industrial average was down more than 170 points in morning trading, reflecting investors concerns about a Korean military conflict and economic problems in Europe. Sales of U.S. exports to foreign customers grew at a 6.3 continued on page 19
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Parkway Professional – 40000 Fremont Boulevard, Fremont Participating Tenant/Company Glenn McCormick, D.D.S. - Fremont Cosmetic Dentistry Brendan Selway, D.D. S. - Fremont Cosmetic Dentistry
Tri-City Voice Building – 39737 Paseo Padre Parkway, Fremont Participating Tenant/Company Fudenna Bros., Inc. Dirk Jackson - State Farm Insurance Sai Travel, Inc. Priority Dispatch Services, Inc. What’s Happening, Inc./Tri-City Voice
Blacow Office Center – 38930-38970 Blacow Road, Fremont Participating Tenant/Company Jones Family Insurance Mei Mei Chua Insurance Agency All American Realty Ultimate Vacuum Center- Kirby Tri City Travel Smart Accounting & Tax Solutions Stephen Altbaum
Executive I Building - 2450 Peralta Boulevard, Fremont Executive II Building - 2140 Peralta Boulevard, Fremont Participating Tenant/Company Participating Tenant/Company C-STEP Inc. Best Institute/Tutoring Law Offices of Manohar Reddy Michele Dougherty, LCSW Sigmaways, Inc. Verco Decking, Inc. Jack Mulcahy Insurance Agency Omni Hypnosis Lara Ferguson, Ph. D. Derham & Logan, EA’s Dave Hudock Insurance Agency
SKS Building – 39767 - 39887 Paseo Padre Parkway, Fremont Participating Tenant/Company Payless Financial Services Scorca Chiropractic Office Dr. Matthew Smith, Psychologist Simi Markar, MFT Lynn Chiang, CPA Talan Chiropractic Arun Shah & Associates Sandra Dye, MFT Eunice Scholten - Edward Jones Investments Law Offices of Lawrence Fong Dr. Dianne Chun, DDS, MSD Urda Wealth Management, Inc. Dr. Jim C. Chen, DDS Dr. Cecila Ortega, DDS Rev. Karen Haughey Bowinner USA, Inc.
Parkway Towers – 3909 Stevenson Boulevard, Fremont Participating Tenant/Company Business & Tax Solutions, Inc Vogue Enterprises Elite Cleaning & Events CMI Medical Billing Dr. Joseph Joly - Joly Chiropractic Generation’s Beauty Dude & Diva Hair Studio
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WHAT’S HAPPENING’S TRI-CITY VOICE
Are you a writer?
November 30, 2010
Do you like to write about interesting topics? Are you a whiz with words and like to share your thoughts with others? Can you find something fascinating about lots of things around you? If so, maybe writing for the Tri-City Voice is in your future. We are looking for disciplined writers and reporters who will accept an assignment and weave an interesting and accurate story that readers will enjoy. Applicants must be proficient in the English language (spelling and grammar) and possess the ability to work within deadlines. If you are interested, submit a writing sample of at least 500 words along with a resume to tricityvoice@aol.com or fax to (510) 796-2462.
WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
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11/28 - 12/4 BY MINERVA (AP) ARIES: MARCH 21 - APRIL 20 You can keep driving yourself nuts trying to get this to work but you'd do better to just let it happen. Trust me; life comes together like magic when you allow it to unfold without needing to impose your will on it. TAURUS: APRIL 21 - MAY 20 You get the feeling this isn't what it's cracked up to be. Trust your instincts. It looks like someone can't, or won't come through for you. Before you put any more energy into this make sure it's worth your time. GEMINI: MAY 21 - JUNE 20 New opportunities call you to branch out. Delegate some of your responsibilities to those who are trustworthy enough to handle them, but be sure to keep your foot in the door as you investigate these new possibilities. CANCER: JUNE 21 - JULY 20 You need to reconsider things in light of recent changes. Staying on track isn't going to work; not this time. Too many things suggest that your interests will be better served if you take a totally different route.
The Dream Act
LEO: JULY 21 - AUGUST 20 Don't be surprised by this run of good luck. If what goes around comes around, you deserve it. Work opportunities that involve relocating could turn out to be the vehicle for a better life and a whole new start. VIRGO: AUGUST 21-SEPTEMBER 20 You seem to have disappeared underneath all the things that fill up your life. Never fear; you're still here. It might be good for you to look at this as the point where you decide to conduct a daily reality check. LIBRA: SEPTEMBER 21 - OCTOBER 20 You've pared everything down to what's essential, enough to be clear about what matters to you. If you remain true to those things your current dilemma will resolve itself without any further sacrifice on your part. SCORPIO: OCTOBER 21 NOVEMBER 20 You don't need a crystal ball. Your instincts are sharp enough to sense
10 Duties (16) 12 Specific (11) 13 Not above (10) 14 Parent's parents (12) 16 ____ and demand (6) 19 Additional (5) 20 "Dear" one (3) 23 "... there is no ___ angel but Love": Shakespeare (4) 25 Departed (7) 27 Presidential medal of honor (7) 29 "The possession of fools": Herodotus (5) 30 Hooter (3) 32 Any Time (5) 34 "That's ___" (4) 36 Amazon, e.g. (3)
that fate is at work, hooking you up with just the right people, places, and things. Strap yourself in; Change is the operative word. SAGITTARIUS: NOVEMBER 21 - DECEMBER 20 As you review your options does starting all over again ring a bell? It might be time to go back to square one, either to get clear about what's going on or to finally reconnect with your truer longings.
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feel good about themselves. You've got a totally insecure baby on your hands. Don't buy into their games. PISCES: FEBRUARY 21 MARCH 20 The only thing you need to keep an eye on is the tendency to embellish the truth. You know too much about the long term effects of dishonesty to be dressing anything up to look like something that it isn't.
FREE Adult Reading and Writing Classes are offered at the Alameda County Library Tell A Friend Call Rachel Parra 510 745-1480.
BOOKMOBILE SCHEDULE Alameda County Bookmobile stops Renew books by phone (510) 790-8096. For more information about the Bookmobile call (510) 745-1477. Tuesday, Nov. 30 2:30 p.m. - 3:25 p.m. Cabrillo School 36700 San Pedro Dr., Fremont 3:45 p.m. - 4:15 p.m. California School or the Deaf, 39350 Gallaudet Dr., Fremont 5:25 p.m. - 6:10 p.m. Booster Park Gable Dr. and McDuff Ave., Fremont 6:25 p.m. - 6:55 p.m. Camellia Dr. and Camellia Court, Fremont Wednesday, Dec. 1 1:00 p.m. - 1:45 p.m. Hillside School 15980 Marcella St., San Lorenzo 4:30 p.m. - 5:10 p.m. Palomares Hills HOA Clubhouse, 6811 Villareal Dr., Castro Valley 5:25 p.m. - 5:50 p.m. Lomond Way & Greenridge Rd., Castro Valley Thursday, Dec. 2 2:45 p.m. - 3:40 p.m. Bay School 2001 Bockman Rd., San Lorenzo 4:05 p.m. - 4:40 p.m. Falcon Dr. and Merganser Dr., Fremont 5:20 p.m. - 5:50 p.m. Los Robles Apts 32300 Almaden Blvd., Union City 6:05 p.m. - 6:35 p.m. Mission Gateway Apts. 33215 Mission Blvd., Union City Monday, Dec. 6 2:00 p.m. - 2:45 p.m. Pioneer School Blythe St. and Jean Dr., Union City 3:00 p.m. - 3:30 p.m. Alvarado Elementary Fredi St. and Smith St., Union City 4:15 p.m. - 5:00 p.m. Greenhaven Apts., Alvarado Blvd. & Fair Ranch Rd., Union City 5:15 p.m. - 6:45 p.m. Forest Park School, Deep Creek Rd & maybird Cir., Fremont
Tuesday, Dec. 7 2:15 p.m. - 3:15 p.m. Schilling School, 36901 Spruce St., Newark 3:25 p.m. - 4:00 p.m. Ash St. and Wells Ave., Newark 4:50 p.m. - 5:30 p.m. Mariner Park, Regents Blvd. and Dorado Dr., Union City 5:40 p.m. - 6:20 p.m. Sea Breeze Park Dyer St. & Carmel Way, Union City Wednesday, Dec. 8 2:15 p.m. - 3:00 p.m. Purple Lotus Buddhist School, 33615 9th St., Union City 3:45 p.m. - 4:30 p.m. Warm Springs Community Center, 47300 Fernald St., Fremont 5:15 p.m. - 5:50 p.m. Jerome Ave. and Ohlones St., Fremont 6:00 p.m. - 6:30 p.m. Baywood Apts. 4275 Bay St., Fremont Thursday, Dec. 9 1:45 p.m. - 2:15 p.m. Stellar Academy 38325 Cedar Blvd., Newark 2:45 p.m. - 3:30 p.m. Ardenwood School 33955 Emilia Lane, Fremont 4:30 p.m. - 5:15 p.m. Weibel School 45135 South Grimmer Blvd., Fremont 5:50 p.m. - 6:20 p.m. Contempo Homes 4190 Gemini Dr., Union City Milpitas Bookmobile stops Renew books by phone (800) 471-0991. For more information about the Bookmobile call (408) 293-2326 x3060. Wednesday, Dec. 1 2:00 p.m. - 2:20 p.m. Pioneer Park 60 Wilson Way, Milpitas 2:30 p.m. - 2:55 p.m. Friendly Village Park 120 Dixon Landing Rd., Milpitas 3:20 p.m. - 4:00 p.m. Foothill School 1991 Landess Ave., Milpitas Wednesday, Dec. 9 No Service
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Government Briefs City Council summaries do not include all business transacted at the noted meetings. These outlines represent selected topics and actions. For a full description of agendas, decisions and discussion, please consult the website of the city of interest: Fremont (www.ci.fremont.gov), Hayward (www.hayward-ca.gov), Milpitas (www.ci.milpitas.ca.gov), Newark (www.ci.newark.ca.us), Union City (www.ci.union-city.ca.us).
Union City City Council
Fremont City Council Fremont City Council November 23, 2010 Consent Calendar: Minor changes in Ordinances amending Precise Plan for Pacific Commons. Adopt a mitigated negative declaration for Sabercat Creek Restoration Project Approve Planning Commission recommendation to rezone .99 acre site for townhouse development at 41482 Fremont Blvd. Initiate vacation proceedings to abandon right of way and public utility easement on Thornton Avenue at Post Street (Harrison recuse) Ceremonial Item: Resolution honoring John F. Kennedy High School Coach Pete Michaletos for 46 years of service. Appoint Councilmember Suzanne Lee Chan as Vice-Mayor Public Comment: Former Mayor and Councilmember Gus Morrison praised council for improvements to Bay Street and thanked Councilmember Bob Wieckowski for his service to Fremont. Ron Fong spoke of the visit by the Mayor of London to Mission San Jose High School and an invitation to band, choral and orchestra to travel to London. He requested that everyone text
102414 to address 73774 in an attempt to win $50,000 from Pepsi to support the planned trip. Redevelopment Agency: Agency Director Elisa Tierney and Bill Cooper presented answers to questions posed by council in July regarding affordable housing commitments by the City and housing strategies. A guideline of increasing the use of funds to apartments for low and very low income residents to 90% of available funds from 80% was advised. Scheduled Items: Adoption of ordinances and amendments to 2010 California Building Standards Codes Defer adopting a city ordinance to regulate single use plastic bags and join a regional effort coordinated by StopWaste.org. Recommendation is based on significant cost savings of joint development of an environmental report and possible future legal challenges. Reduce collection of development impact fees by 50% within the Midtown District until December 31, 2011; previous reduction of 25% did not stimulate development. Mayor Bob Wasserman Aye Vice Mayor Suzanne Lee Chan Aye Bob Wieckowski Aye Anu Natarajan Aye Bill Harrison Aye
Union City City Council November 23, 2010 Proclamations and Presentations Union City Climate Protection Task Force honored for its efforts to fight climate change. Captain Kevin C. Finnerty honored upon his retirement from the Union City Police Department. Consent Calendar Approved zoning text amendments for the 11th Street Mixed-Use Development project to address various issues including permitted uses, residential densities and the site area per dwelling unit. Modified smoking and tobacco regulations concerning business licenses and regulations for tobacco retailers. The amendments address changes in the smoke-free outdoor air and housing policy areas and retail license requirements. It will cost $15,000 to bring parks and recreation areas into compliance. Accepted and appropriated a grant from the Kaiser community Foundation for $18,000 for Youth Services. Approved an updated Union City Vehicle and Municipal Code fine schedule to implement California state surcharges. State mandated surcharges on all parking citations will be $12.50 as of December 7, 2010. The city’s increase of $3 per parking citation will meet the amount being taken by the state. Accepted a report on traffic data for residential collector streets: accident rates on Royal Ann Drive are relatively low when compared to other road segments in the city. Approved a request to the Metropolitan Transportation Commission (MTC) to provide $353M of financial support to close funding gaps for Regional Measure 2 projects. Public Hearings Amended municipal code to implement the Certified Unified Program Agency (CUPA) “Unified Program” and consolidate hazardous materials regulations. Updated the General Plan Housing Element.
City Manager Reports Consideration of Top Grade Construction and US Pipe’s proposal to establish a recycling facility at 1295 Whipple Road. Item moved to next meeting. Approved FY 2010-11 first quarter report for July 1 through September 30, 2010. General Fund revenues are slightly lower than expected but expenditures are within budget. Amended contract between the California Public Employees’ Retirement System (CalPERS) to provide 2 percent at age 60 Full Formula for miscellaneous members and 3 percent at age 55 Full Formula for safety members. A two-tier retirement formula was adopted for employees hired following the adoption of this ordinance. Immediate fiscal impact is unknown but the city will experience savings over time. Approved informational report on passage of Measure AA, half-cent sales tax increase and considerations for evaluation and uses for the additional revenue. Approved informational report on the Union City Farmer’s Market and summer concert series. Items referred By Council Vice Mayor Valle noted that the library was making a number of improvements to its infrastructure as well as its terrace. Mayor Green has been appointed to the Metropolitan Transportation Commission and will begin as of February. Both Richard Valle and Carol Dutra-Vernaci commented on the automated phone menu that has replaced the Police Department Office Specialist. “Dispatch” is not one of the options. City Manager Larry Cheeves pointed out that pressing 1 will reach the dispatcher. UCPD has been asked to change its unclear instructions. Mayor Mark GreenYes Vice Mayor Richard Valle - Yes Carol Dutra-VernaciYes Manny FernandezYes Jim NavarroYes
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Hayward Unified School District Board report is required to have agendas, sign in sheets, and minutes for staff to review, adding “we do get the flavor [even if ]…we can’t be at each meeting.”) During discussion of the SPSAs, Trustee Jesus Armas expressed concern over the lack of urgency on raising achievement and President Paul Frumkin said that teachers were concerned about their time out of the classroom for professional development. Superintendent Janis Duran said that when she visits schools she does see a sense of urgency, and spoke of how reforms had to be made in incremental steps in order to leap forward. Ms. Salinas addressed the concern about teachers being pulled away from the classroom by describing how the District is offering professional development in the summer and “embedding” teachers, or using long-term substitutes through the school year. The HUSD Board of Education also recognized outgoing Board President Paul Frumkin III and Board Clerk Sheila Sims by presenting each with a Certificate of Commendation. President Frumkin has service on the Board since July 2001, and Trustee Sims has served since December 2008. Vice-President Maribel Heredia read the Commendation for President Frumkin, and personally thanked him for mentoring her on the Board. She described moving to Hayward from Los Angeles, and being in a voting booth with her five month son on her hip. “I always remember, because he had a “third” beside his name,” and she decided to vote for him because of that third. “I would never have dreamt that someday I would be sitting next to him on this Board,” she said emotionally. “He has helped me develop my ideas and I have become a better board member [because of him].” President Frumkin read the Certificate of Commendation for Clerk Sims, thanking her for her dedication to students, which was echoed by others, who commented on her caring heart. The Board of Education also approved several student study trips and announced the appointment of Paula Banchero as Principal for Brenkwitz High School.
Supervisors set for County redistricting Redistricting Commission will be constituted to address Spring Census results
SUBMITTED BY GWENDOLYN MITCHELL AND LINGXIA MENG The Santa Clara County Board of Supervisors has voted to create an 11-member panel to take up Redistricting, pending the final 2010 Census results expected in March 2011. State law requires adjustment of supervisorial districts’ boundaries after each decennial census. The Board has discretion to determine the number of members to serve on the Citizens Redistricting Commission. Each member of the Board of Supervisors will appoint two representatives and the Board President will also appoint the Chair, expected by the end of the year. The Commission will make recommendations to the Board of Supervisors for the alignment or realignment of District boundaries. Past alignment of the five Supervisorial Districts enabled each Board member to represent ap-
proximately the same number of residents. California Law requires the Redistricting process to maximize equal representation (one person, one vote), align district populations to within 10,000 of each other and avoid gerrymandering. District boundaries should take into account topography, geography, cohesiveness, contiguousness, compactness of territory and communities of interest. The Citizens Redistricting Commission will hold a series of public hearings to receive input from the community and develop a redistricting plan, or plans, for the Board of Supervisors’ consideration. The Commission may take into consideration optional guidelines that do not conflict with its legal requirements, including minimizing community fragmentation, providing for income diversity within districts and considering the number and size of the cities within each district. The Board has ultimate responsi-
bility to adopt a plan for submission to the State. In January, an informational meeting is planned to outline the legal requirements and ensure the Commission has the tools to accomplish its objectives. The Commission will hold four community meetings/public hearings between February and May 2011. On receipt of the recommendation(s), the Board will hold two public hearings in June 2011 to present the Citizens Redistricting Commission’s recommendations, accept public comment and adopt a plan for submission to the State. Only county residents are eligible for appointment to the Citizens Redistricting Commission. Elected officials, aides to elected officials, candidates for elective office or County employees are ineligible. However, County staff will provide technical support. The Board will seek to make appointments that reflect the county’s demographics.
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November 30, 2010
WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
Classifieds Deadline: Noon Wednesdays (510) 494-1999 | www.tricityvoice.com
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For more information 510-494-1999 tricityvoice@aol.com
Birth
L
Special Life Events
Marriage
ife Cornerstones will acknowledge
important events that occur during the cycle of life in our community. In order to give a broad and fair opportunity for all citizens to be recognized, a basic listing is offered at no cost. Such announcements may include births, deaths, marriages, anniversaries, bar/bat
mitzvah, Quinceañera, etc. Many cultures celebrate different milestones in life and this list will be as inclusive as possible. Due to space limitations, only a brief announcement is possible without charge. Those who decide to publish more extensive information and/or a picture may do so at
low prevailing rates – as low as $35 - on this page. Although every attempt will be made to include announcements in a timely manner, since TCV is published weekly, submissions received after Friday of the week preceding a distribution date may not be published until a later issue.
Obituaries Please contact TCV at (510) 494-1999 or email tricityvoice@aol.com for submissions or further information. Free listings are limited to residents and families of the
Greater Tri-City Area.
Obituaries Margaret Gonzales Solorio RESIDENT OF FREMONT April 3, 1934 – November 22, 2010
John F. Jaramillo RESIDENT OF RICHMOND May 5, 1969 – November 15, 2010
Connie Burnett RESIDENT OF FREMONT June 17, 1923 – November 5, 2010
Nuncia M. Torres RESIDENT OF UNION CITY November 1, 1922 – November 18, 2010
James Bethune RESIDENT OF FREMONT May 10, 1914 – November 13, 2010
June DuCoty RESIDENT OF FREMONT May 27, 1920 – November 18, 2010
Judith A. Votisek RESIDENT OF FREMONT February 8, 1948 – November 11, 2010
Olivia S. Perez RESIDENT OF FREMONT March 29, 1919 – November 19, 2010
Candie Goulden RESIDENT OF FREMONT June 20, 1951 – November 17, 2010
Bob B. Polehla RESIDENT OF FREMONT September 15, 1932 – November 22, 2010
Manuel Padilla RESIDENT OF MESA, AZ January 5, 1926 – November 20, 2010
Glenn J. Wilson RESIDENT OF FREMONT February 5, 1934 – November 23, 2010
Manuel S. Moitoso RESIDENT OF UNION CITY July 22, 1930 – November 23, 2010
Jean Carrillo
Ray Gaisford RESIDENT OF FREMONT November 28, 1928 – November 21, 2010
RESIDENT OF FREMONT November 15, 1926 – November 24, 2010
Berge • Pappas • Smith
Fremont
Chapel of the Angels
Chapel of the Roses (510) 797-1900 1940 Peralta Blvd., Fremont continued from page 12
percent pace in the third quarter, another factor in the third-quarter bump-up. That compared with a 5 percent growth rate first estimated. A weaker value of the U.S. dollar is helping those sales. The falling dollar makes U.S. goods cheaper - and thus more attractive to foreign buyers. Business spending on equipment and software also turned out to be stronger. It grew at a 16.8 percent
(510) 656-1226 40842 Fremont Blvd, Fremont
pace, compared with a 12 percent growth rate first estimated. And spending by state and local governments nudged up at a 0.8 percent rate, another factor in the upward revision. The government first estimated that such spending dipped by 0.2 percent. The housing market, which led the country, into recession, remains a weight on the economy. Builders slashed spending on housing projects at a pace of nearly 28 percent. Tuesday’s report also showed that growth in companies after-tax profits slowed in the third quarter. Profits increased at a 1 percent pace, compared with a 3.9 percent pace in the second quarter, according to one measure contained in the report. Before taxes, companies earned profits of $1.66 trillion in the JulySeptember period, the best quarter on record. Compa-
nies are producing more while keeping their staffs fairly lean. Looking ahead, analysts see the economy mired in a rut of slow growth and high unemployment. Leading economists polled in a recent AP Economy Survey predict the economy will expand at a 2.4 percent pace in the October-December period. Growth would only be a tad better - logging a 2.5 percent - in the first three months of 2011, according to the AP survey. Under one rule of thumb, the economy would need to grow by 5 percent for a full year to push down the unemployment rate by a full percentage point. But for all of this year, the economy is expected to expand 2.6 percent. Faced with such a weak outlook, Bernanke didn’t think the central bank could afford sitting back and not doing something to invigorate the economy. Still, China, Brazil, Germany
and other countries are irked by the Fed’s bond-purchase plan. They have complained that it is intended to further drive down the value of the U.S. dollar, giving U.S. exporters a competitive advantage over their foreign rivals. And Republican economists and lawmakers have criticized the move, saying it could lead to runaway inflation. Bernanke has vigorously rejected such criticism. The government provides a total of three estimates of gross domestic product for any given quarter. GDP measures the value of all goods and services - from machinery to manicures - produced within the United States. Each new reading is based on more complete information. —AP Economics Writer Martin Crutsinger contributed to this report.
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WHAT’S HAPPENING’S TRI-CITY VOICE continued from page 1
and older following at 1 p.m. Classes cost an additional $5 to the admission ticket if purchased in advance or $8 at the door. This fee provides budding artists with professionalquality art materials, courtesy of Seth Cole and Sakura of America. The faire is also the perfect shopping destination for all things manga, such as books, magazines, figurines, and plushies from a variety of exhibitors including Anime101, Anime Palace, Serenity Dream, PMBQ Studios, and Sakura of America. Barnes and Noble will be at the faire, and offering special holiday and anime activities at their store the following day, Sunday, December 5. A portion of purchases made that day will go to support Fremont’s Teen Recreation programs. Download vouchers at www.holidayanimefaire.com or mention Bookfair ID 10330090 at the register. Created by Phuong-Mai BuiQuang, founder of PMBQ Studios, the Holiday Anime Faire is a fun all-ages day of creating, shopping, and learning about the unique art of anime. This year’s ticket prices are operating on the buddy system; $9 will cover two people when purchased in advance or $15 for two at the door. Admission price includes a goodie bag and two activity tickets. Additional activity
tickets are $1 each, to be used for art projects or snacks. Activity costs vary from one to three tickets. Advanced tickets can be purchased online at www.regrec.com or in person at 3300 Capitol Ave., Building B in Fremont. For faire admission use Barcode # 136626; for Beginners Manga Start Class use Barcode # 142076; Intermediate Manga Start Class use Barcode # 142077. For registration questions call (510) 494-4300. For more information on the Anime Faire call Teen Center Recreation Supervisor Rena Dein at (510) 494-4344. Holiday Anime Faire Saturday, December 4 10 a.m. – 3 p.m. Fremont Teen Center in Central Park 39770 Paseo Padre Pkwy., Fremont (510) 494-4344 www.holidayanimefaire.com Admission: $9 advance; $15 at the door Classes: $5 advance; $8 at the door
Citizen’s Advisory Committee Vacancies SUBMITTED BY KERRILYN ELY The Hayward Area Recreation and Park District (HARD) is now accepting applications from interested residents of Hayward, Castro Valley, San Lorenzo and unincorporated Alameda County for the Citizen’s Advisory Committee (CAC). This committee meets four times per year and provides recommendations to the District Board of Directors, reviews District programs, reviews District park design projects and works on specific Board directed projects. To obtain a CAC application or additional information please call (510) 881-6704 or visit www.haywardrec.org to download an application. Applications are due no later than December 17, 2010.
SUBMITTED BY RENEE LORENTZEN Join the City of Milpitas Parks & Recreation Services Department for their own version of The Grinch - a furry, cave-dwelling, cat-like creature with a heart “two sizes too small” who plots to ruin the holiday fun for little Cindy Lou Who and her Whoville friends! The evening’s magic includes holiday music and refreshments. Don’t forget to bring your camera for a holiday photo opportunity. For more information, call the City of Milpitas Parks & Recreation Services at (408) 586-3210, TDD (408) 586-3267 or visit www.ci.milpitas.ca.gov Annual Tree Lighting Wednesday, December 1 7 p.m. Milpitas Community Center 457 E. Calaveras Boulevard, Milpitas (408) 586-3210 www.ci.milpitas.ca.gov
November 30, 2010
WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
Page 21
$ = Entrance or Activity Fee R= Reservations Required Schedules are subject to change. Call to confirm activities shown in these listings.
Train of Lights $
Niles Essanay Theater 37417 Niles Blvd., Fremont (510) 494-1411
D ecorated holiday train ride between Frem ontand Sunol
Saturday, Dec. 4
Fridays - Sundays, through Dec. 27
Niles Station 4:15 p.m. and 6:45 p.m. 37001 Mission Blvd., Fremont Sunol Depot 4:30 p.m. and 7 p.m. 6 Kilkare Rd., Sunol (925) 862-9063 (408)249-2953 www.ncry.org Wednesday, Dec. 1
Track and Field Mini-Camps $R
8:30 a.m. Throws, shot put, discus, javelin and ham m er
James Logan High School 1800 H St., Union City (510) 471-2520
Santa Paws Parade
9 a.m. Petparade,prizes,fundraiser for H ayward Anim alShelter
2:00 p.m.– 2:30 p.m.
Municipal Parking Lot 2 Foothill Blvd. and B St., Hayward (510) 293-7200 ext 7 www.firstgiving.com/santapawsparade2010 Registration $10 per pet or $15 for two or more pets (before December 4) Registration $12 per pet or $17 for two or more pets (on Day of Parade)
Peralta Elementary School Multipurpose Room 460 63rd St., Oakland (510) 788-0450 Wednesday, Dec. 1
Living on a Fixed Income
1:30 p.m. – 3:00 p.m. Learn how tostretch yourincom ebysetting priorities
Union City Branch Library 34007 Alvarado Niles Rd., Union City (510) 745-1499 Thursday - Saturday, Dec. 2 - 4
Winter Dance Showcase $
Saturday, Dec. 4
Christmas Family Fun
Saturday - Sunday, Dec. 4 - 5
Backpacking: Keeping Warm in the Wilderness $R
10 a.m. - 12 a.m. Learn survivaltechniquesand how toset up tarp shelters
Garin Regional Park 1320 Garin Ave., Hayward (888) 327-2757
H olidaycraftstationsand sing-a-longs
Sunday, Dec. 5
An adultm ustaccom panychildren
Nature Drawing for Kids
Pathway Community Church 4500 Thorton Ave., Fremont (510) 797-7910
10:30 a.m. - 12:30 p.m. Learn thebasicsofsketching nature
Don Edwards Visitor Center 1 Marshlands Rd., Fremont (510) 745-8695 Sunday, Dec. 5
Christm ascarols,live m usicalperform ances,craftsand m ore
Fabulous Food Webs $R
1:00 p.m. - 2:30 p.m.
Ardenwood Historic Farm 34600 Ardenwood Blvd., Fremont (510) 544-2797 www.ebparks.org
Learn about the m arsh food web and wherewefitinto it
Shinn House 1251 Peralta Blvd., Fremont (510) 795-0891 December 3 - 18
White Christmas $
8 p.m. Dec 3, 4, 10, 16, 18 (2 p.m. shows Dec 11 and 18) M usicaloftwo arm ybuddies
Mission San Jose High School Little Theatre 41717 Palm Avenue, Fremont (510) 668-6077 up.msjhs@gmail.com Saturday, December 4
Breakfast with Santa Claus and Ronald McDonald
8:30 a.m. Washington West Building 2500 Mowry Avenue, Fremont Advancereservationsarerequired
$10 per person (510) 791-3428 www.whhs.com/treesofangels Saturday, December 4
Breakfast with Santa
8:30 a.m. and 10:30 a.m. sessions Dave and Buster’s at the Great Mall 940 Great Mall Dr. Advanced purchaseofticketisrequired
$10 per child (0-13 years) $8 per adult (14 + years) (408) 586-3210 Saturday, Dec. 4
Nature Detectives: Dragonflies $R
11 a.m. - Noon Learn aboutthem and m akea craft
Hayward Shoreline Interpretive Center 4901 Breakwater Ave., Hayward (510) 670-7270
www.unityoffremont.org 510-797-5234
Gary Soren Smith Center 43600 Mission Blvd., Fremont (510) 659-6031 Children $20, Adults $43 or $48 based on seat location
10 a.m. - 4 p.m.
Guided toursofthedecorated house
36600 Niles Blvd, Fremont
Perform ance byYoko’sD ance and Perform ing ArtsAcadem y
Gary Soren Smith Center 43600 Mission Blvd., Fremont (510) 659-6031
Noon - 4 p.m. 7 p.m.- 9 p.m. (Fridays)
A prayer centered church of spiritually bonded friends
2 p.m. and 7 p.m. (Sat.) 2 p.m. (Sun.)
Saturday - Sunday, Dec. 4 - 5
Christmas at the Shinn House $
Sunday 10:00 AM
Saturday - Sunday, Dec. 4 - 5
Showingtheirwidearrayofdancestyles taughtatO hloneCollege
Friday - Sunday, Dec. 3 - 10
Unity of Fremont
2 p.m. and 7 p.m. Presented by Ballet Petit Chabot College Theatre of Performing Arts 25555 Hesperian Blvd., Hayward (510) 324-4988 Adults: $20, Children: $16, Seniors: $16
12:30 p.m.
8 p.m.
Come “home” to…..
Nutcracker Ballet Petit
Tchaikovsky Nutcracker Saturday, December 4
Art IS Education and The Freedom Bus Project Engage studentsand teach civilrights through thearts
Saturday - Sunday, Dec. 4 - 5
Saturday, Dec. 4
Fashion Affair Raffle,cosm etics,jewelry,clothing and m ore
Success Central 37112 Maple St., Fremont (510) 795-8700 Saturday, Dec. 4
Movie Night $
7:30 p.m. H um an H earts,Koko’sField D aze,It’s a Giftand AirPockets
Christmas as Ardenwood $
Hayward Shoreline Interpretive Center 4901 Breakwater Ave., Hayward (510) 670-7270
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WHAT’S HAPPENING’S TRI-CITY VOICE
Sunday, Dec. 5
Christmas Concert $
7 p.m. Perform ing Adventand Christm asselections
Cristo Rey Monastery Chapel 721 Parker Ave., San Francisco (510) 887-4311 Sunday, Dec. 5
Madrigal and Tea with the Queen’s Court $R
November 30, 2010
MacGregor School Auditorium 35753 Cedar Blvd., Newark (510) 793-5683 www.lov.org Friday, December 17
Thursdays - Saturdays, thru Dec. 14
Winter Concert
7:30 p.m. M usicfortheentirefam ily
Holiday Show
Milpitas Community Center 457 E. Calaveras Blvd. (408) 586-3210
O riginalart
3 p.m. FundraiserforStage1 Com m unityTheatre,RSVP byD ec.1
Continuing Events:
Exhibits
Newark Pavilion 6430 Thornton Ave., Newark www.stage1theatre.org
Thru December
Monday, Dec. 6
Monday – Friday 9 a.m. - 5 p.m.
Diabetes Support Group
5 p.m. Avoiding the U ps and D owns of the GlucoseRollercoaster
San Leandro Surgi-Center 15035 E. 14th St., San Leandro (510) 276-2800
Holiday Boutiques
and
Green Shutter Gallery 22654 Main St., Hayward (510) 538-2787 Thursdays – through Dec. 23
Sundays,
Holiday Boutique Show
Toys for Tots
Noon – 6 p.m. (Thurs. and Fri.) 11 a.m. – 4 p.m. (Sat. and Sun.)
D rop offanynew,unwrapped toy
Hayward Chamber of Commerce 22561 Main Street, Hayward (510) 538-5635 Thursdays through Dec. 4
10 a.m. - 4 p.m.
Sundays,
Fineartand handm adecrafts
Sun Gallery 1015 E St., Hayward (510) 581-4050 Wednesdaythrough Dec. 31
Sunday,
FAA Holiday Boutique
11 a.m. - 5 p.m.
Monday, Dec. 6
Little Women $
Community Workshop
8 p.m., 2 p.m. (Sun.)
6:30 p.m. - 9:00 p.m.
Broadwaym usical
Focusingon fram inga seriesofLand Use Alternativesforthestudyarea
Douglas Morrison Theatre 22311 N. Third St., Hayward
Fremont Art Association Gallery 37659 Niles Blvd., Fremont (510) 792-0905
Thursdays - Saturdays, Dec. 3 - Feb. 11
Thursday, Dec. 2
South Fremont/Warm Springs Public Outreach 47300 Fernald St., Fremont (510) 284-4008 Tuesday, Dec. 7
Investment Seminars
7:00 p.m. - 8:30 p.m. Takesstock in thestock m arket
Fremont Main Library 2400 Stevenson Blvd., Fremont (510) 745-1401 Wednesday, Dec. 8
Mission Gold Jazz Band
7 p.m. - 9 p.m. D anceableD ixieland m usic
Swiss Park 5911 Mowry Ave., Newark (510) 657-0243
Q uality handm adeoriginalartgiftsat desirableprices
Art Exhibit
9 a.m. - 5 p.m.
Discovery Cove Jewelry Boutique
11 a.m. – 2 p.m.
Pen W om en Show
John O’Lague Galleria 777 B Street, Hayward (510) 538-2787 www.haywardarts.org
BenefitsD iscovery Cove,FRC’sonsite childcarecenter
Fremont Family Resource Center 39155 Liberty St., Bldg. EFGH Pacific Room # H800, Fremont (510) 574-2004
Fridays - Sundays, Dec. 3 - 12
Dinner Theater $
Friday, Dec 3 – Sunday, Dec 5
6:30 p.m.
Holiday for the Arts
Take a trip back to the 50’s for an evening offood,m usicand fun
5:30 p.m. – 9:00 p.m. Fri (admission includes food, wine) 10 a.m. – 5 p.m. Sat & Sun (free admission)
Christ Community Church of Milpitas 100 S. Park Victoria Dr., Milpitas (408) 240-7971
O live H yde Art Guild offersart gifts, drawing
Hayward Chamber Mixer
Thursdays-Saturdays, Dec. 3 -18
Olive Hyde Art Gallery 123 Washington Blvd., Fremont www.olivehydeartguild.org
5 p.m. - 7 p.m.
Irving Berlin’s White Christmas $
Saturday – Sunday, Dec. 4 – 5
Wednesday, December 8
Enjoy appetizers, holiday cheer, raffle prizes
Me Restaurant and Lounge 926 B Street. Hayward (510) 538-1012
8 p.m. Dec 3, 4, 10, 16, 18 2 p.m. Dec 11, 18 Mission San Jose High School 41717 Palm Ave., Fremont (510) 668-6077
Wednesday, Dec. 8
Holiday Dietary Class
Friday - Sunday, Dec. 3 - 10
12 Noon - 1 p.m.
Christmas at the Shinn House $
Animal Arts Craft Faire
10 a.m. – 4 p.m. 11 a.m. – 4 p.m. (Sun.) O ne-of-a-kind anim alrelated giftsand photo with Santa Paws
Humane Society Silicon Valley Animal Community Center 901 Ames Ave., Milpitas (408) 262-2133
Avoid gaining weightduring the holidays
Noon - 4 p.m. 7 p.m.- 9 p.m. (Fridays)
Sherman L. Balch Pavilion - St. Rose Hospital 27190 Calaroga Ave., Hayward (510) 264-4044
Guided toursofthedecorated house
Saturday, Dec. 4
Shinn House 1251 Peralta Blvd., Fremont (510) 795-0891
Annual Holiday Pottery Sale
Thursday, December 9
Thursdays through Dec. 18
Adobe Art Gallery 20395 San Miguel Ave., Castro Valley (510) 881-6735
Festival of Trees
5:30 p.m. – 8:30 p.m. Gala and SilentAuction
Milpitas City Hall 455 E. Calaveras Blvd., Milpitas (408) 320-7026 www.milpitasfoundation.org Thursday, December 9
Gingerbread and Jingle
5:30 p.m. - 8:30 p.m. Leaveyourchildren with Santa’shelpers. D innerprovided.
Community Center 457 E. Calaveras Blvd., Milpitas Pre-registration, but walk-ins accepted if space available $25 per person Ages 5-12 years old (408) 586-3210
Sundays,
An O. Henry Christmas $ 8 p.m. (Sun @ 1 p.m.) A stranger offers to entertain som e hom elesssoulswith a seriesofcrypticyet charm ing tales
Broadway West Theatre Company 400-B Bay St., Fremont (510) 881-6777 Saturdays – Sundays, Thru Dec. 19
A Star-Spangled Christmas $
10 a.m. – 4 p.m. 1 p.m. – 4 p.m. (Sun.) TourtheM cConaghyH ousedecked out in patrioticornam entsand decorations
McConaghy House 18701 Hesperian Blvd., Hayward (510) 581-0223
9 a.m. - 4 p.m. O riginalpiecesofceram icartataffordableprices
Saturday, Dec. 4
Holiday Craft Fair
8 a.m. - 2 p.m. A greatselection ofbeautiful,original, and affordablegifts
Sorensdale Recreation Center 275 Goodwin St., Hayward (510) 881-6778 Saturday, Dec 4- Sunday, Dec 5
Christmas Boutique
11:30 a.m. - 8:30 p.m. (Sat) 8 a.m. – 2 p.m. (Sun) St Edward Catholic School 5788 Thornton Ave, Newark
Thursday, December 9
Creative gifts,baked goods,food and pictureswith Santa Claus
AAUW Book Discussion
(510) 710-7363
7 p.m. – 8 p.m. H ot, Flat and Crowded – O ne Book/O neCom m unityselection
Saturday, Dec. 4
Half Price Books 43473 Boscell Rd., Fremont (510) 728-9700 (AAUW) (510) 744-0333 (Half Price Books)
9 a.m. - 4 p.m.
Sunday, December 12
Holiday Pops Concert benefiting Toys for Tots
2 p.m. N ewark Sym phonicW inds A new toyrequested foradm ission
Annual Holiday Pottery Sale O riginalpiecesofceram icartataffordableprices
Adobe Art Gallery 20395 San Miguel Ave., Castro Valley (510) 881-6735
WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
Registration $12 per pet or $17 for two or more pets (on Day of Parade)
MILPITAS FREMONT Saturday, December 4
Warm Springs Tree Lighting
Irvington District (510) 366-8130 or (510) 656-5375 www.irvingtonbusiness.com
HAYWARD
2 p.m. – 6 p.m. M usic,entertainm ent,gam es,pictures with Santa
Warm Springs Plaza Warm Springs & Mission Blvd., Fremont (510) 870-6366 Saturday, December 4
Mission San Jose Tree Lighting
5:30 p.m. Santa Claus,balloonsand facepainting
Old School at Mission Blvd. & Cedar Street, Mission District (510) 873-7701 www.msjchamber.org. Saturday, December 11
Irvington Tree Lighting
5 p.m. - 7 p.m. Christm as on Bay Street and Tree Lighting
Caroling, refreshments and the tree lighting Bay Street and Fremont Blvd.,
Wednesday, December 1
Tree Lighting and Community Sing-Along
7 p.m. Milpitas Community Center 457 E. Calaveras Blvd. (408) 586-3210
Thursday, December 2
NEWARK
Light up the Season
5:30 p.m. - 8:30 p.m. Iceskating and a treelighting
Monday, December 6
City Hall Rotunda 777 B Street, Hayward (510) 537-2424 www.hayward.org
Tree Lighting Ceremony
6 p.m. Newark City Hall 37101 Newark Blvd., Newark (510) 791-3428
Saturday, December 4
UNION CITY
Santa Paws Parade
9 a.m. Petparade,prizes,fundraiser for H ayward Anim alShelter
Municipal Parking Lot 2 Foothill Blvd. and B St., Hayward (510) 293-7200 ext 7 www.firstgiving.com/santapawsparade2010 Registration $10 per pet or $15 for two or more pets (before December 4)
Wednesday, December 1
Tree Lighting and Chamber of Commerce Mixer
5:30 p.m. TreesofAngelswillhostin supportof localhospicecare.
Nakamura Clinic 33077 Alvarado-Niles Road, Union City (510) 791-3428 www.whhs.com/treesofangels
Washington Hospital Library Book Sale Coming in December! The Washington Community Health Resource Library is having a gently used book sale. Categories include health and wellness, alternative medicine, nutrition, and other healthy topics for both children and adults. The sale begins December 7th from 11 a.m. to 5 p.m. and runs through December 9th from 11 a.m. to 5 p.m. Prices: Books: $5, Children’s books $1; VHS $1; DVD’s $5. Cash and checks with proper identification will be accepted. Sorry, no credit or debit cards. Proceeds from this event support the Washington Community Health Resource Library. The CHRL is located at 2500 Mowry Avenue, 1st floor (Washington West) in Fremont. Call (510) 494-7030 or visit www.healthlibrary.com for more information.
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WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
Tri-City Voice has even more local recreational, high school, college and professional sports coverage on the Web. Check out www.tricityvoice.com/sports for daily updates on scores, schedules of events, photos slide shows, and much more. Follow TCV Sports on Twitter at twitter.com/TCVSports
Newark Fire win championship in OT SUBMITTED BY FRANZ BRUCKNER Newark Fire, a girls under-10 travel soccer team, captured the U-10 State Cup Tournament (Gold Division 3) championship on Saturday, Nov. 20, in Manteca by defeating the Burlingame Galaxy in thrilling fashion. After the two sides were even through regulation and overtime, the Fire topped Galaxy 3-1 in a penalty kick shootout. Sam Ocegueda, Rachel Bruckner and Hannah Gamez all scored goals for the Fire, while goalkeeper Lissette Mason blocked three shots by the Galaxy to help capture the win. Midfielders Aracelli Hinojosa, Natalia Sanchez, Bri Motta, Kailey Alcosiba and Sara Buffey all played well in the midfield; defenders Trinity Castillo and Isabella Garcia played solid on the backline to preserve the win. Angelique Valenzuela also put tremendous pressure on the Galaxy’s defense creating several scoring opportunities, along with Bruckner, Gamez and Hinojosa who all had near-miss shots as well. Newark made the championship game by defeating the Danville Mustang United 1-0 on a goal by Gamez with five minutes remaining in the game. Hinojosa collected the assist on the goal. Alcosiba had an outstanding game in midfield, creating several scoring opportunities as well; Buffey had a solid game in defense, while Valenzuela and Hinojosa had a number of great shots that barely missed the goal, too. Coach Bruckner noted that every player on the Newark Fire played tremendously during the State Cup tournament, contributing to the championship victory. “We truly played some of our best soccer this past weekend. Coaches Pat Buffey and
CSEB volleyball gets postseason accolades Submitted by CSUEB Sports Information Office Jim Spagle, who completed his 15th season at the helm of the Cal State East Bay women’s volleyball team, was named California Collegiate Athletic Association Coach of the Year on Thursday, Nov. 18. In only their second year of competition in the CCAA, Spagle led the Pioneers to a 20-7 overall record, 15-7 in CCAA, good for a secondplace tie with UC San Diego. Last season the Pioneers finished at 8-14 in conference play. East Bay defeated every CCAA opponent this season and handed conference champion Cal State San Bernardino its only defeat. Spagle has compiled an impressive 15-year record of 380-118. Senior outside hitter-setter Roxanne Neely, who was twice selected CCAA Player of the Week, was named to the CCAA First Team. Neely excelled in conference play with 156 kills, a .274 hitting percentage, 341 assists and 160 digs. She was fifth in the conference with 28 service aces. Neely recorded three triple-doubles (kills-assistsdigs) during CCAA play. She posted a season-high 16 kills in the Pioneers five-set victory over Cal State San Bernardino. Senior libero Lauren Massa along with senior outside hitter Sukhjit Athwal were second team selections. Massa was second in the CCAA with 4.77 digs per set. She had 20 or more digs in 11 conference matches including a seasonbest 34 versus UC San Diego. Athwal was second on the Pioneers in conference play with 214 kills and fourth in digs with 128. She recorded 10 or more kills in 13 CCAA matches including 16 against Cal State Monterey Bay and 15 versus Cal State San Bernardino and Sonoma State.
Marco Valenzuela were also key to guiding the team in the right direction,” said Bruckner. “It was a great way to end our 38-game season that started way back on July 24.”
Local collegiate athletic rundown BY GARY VAN DEN HEUVEL PHOTOS BY DON JEDLOVEC In a slow week of collegiate athletics sandwiched around the Thanksgiving holiday on Thursday, Nov. 25, (in which all athletics took a hiatus) the local community colleges, Chabot and Ohlone, as well as Cal State University-East Bay, had moderate success. Opening the week of play on Tuesday, Nov. 23, the Chabot College women’s basketball team had their early season momentum stalled with a 56-52 loss on the road at Cabrillo College. Also on Tuesday, the Chabot men’s basketball team traveled to West Valley
Thanksgiving week with a 4-2 preseason record, were led by Dominique Oglesby’s 15 points in the narrow defeat. Samantha Gipson scored 12 and Charnay Bell contributed 10 points in the loss. Ohlone College’s basketball teams took center stage on Wednesday, Nov. 24, with a doubleheader on the Fremont campus. Against Monterey Peninsula College, the Renegades men’s team came away with a 65-51 win. In the nightcap, the Lady Renegades fell to 4-5 with a 7458 loss to Foothill College. Later in the week, on Saturday, Nov. 27, the men’s team fell to .500 for the week, 1-up, 1down, with a 68-52 beating at the hands of Cabrillo College in a
Sabrina Swayzer drives to the hoop in the Lady Renegades loss on Wednesday night.
roadie at Aptos. At week’s end, the Renegades sit at 5-4 overall. As for the Pioneers of Cal State East Bay, their athletic schedule consisted of two games, both by the Lady Pioneers, at the
Lynda Goodrich Classic in Bellingham, Wash., on Friday, Nov. 26, and Saturday, Nov. 27. In the opening night of the classic, East Bay took on No. 24 nationally ranked Western Washington, and were simply run out of the gym, 68-39. “Western Washington’s depth took a toll on us,” said Suzy Barcomb, making her debut as head coach of the Lady Pioneers. “They have too many offensive options for us to defend.” For the night, East Bay shot 36 percent from the field (16-44) and 54 percent from the charity stripe (6-11). Lauren Lucchesi and Claudia Nelson were the only two Lady Pioneers in double figures scoring, dropping 11 and 10 respectively. A day later, looking to rebound from the 29-point defeat on Friday, the Lady Pioneers managed to add 20 points from their offensive output against Western Washington, but still fell, this time to St. Martin’s, by double digits, 70-59. Lucchesi and Nelson each put
in 10 points, reaching double digits. Cassie Coble also put in 10 points for the Lady Pioneers, albeit in the losing cause. Marlene MacMillan also chipped in for East Bay, pulling down 11 rebounds. “We competed in spurts tonight; now we need consistency” said Barcomb after the loss Saturday night. “Marlene [MacMillan] boarded really well and Cassie [Coble] played hard. We executed well, played hard and took some positive steps.” East Bay (0-2) will look to feed off of that success and notch its first victory of the season when they head to San Francisco to take on S.F. State Friday, Dec. 3. They will also head to Monterey to take on CSU-Monterey Bay on Saturday, Dec. 4. Both games tip off at 5:30 p.m. For a full schedule of all athletics at Chabot, Ohlone and CSUEB, log onto the Tri-City Voice Sports website at http://sports.tricityvoice.com. GiovanniAlbaneseJr.contributed to thisarticle.
look to continue the success that allowed them to sweep the MVAL and finish second in the state behind Westchester High. The bar for the 2010 season definitely has been set at a height that could be touched by the birds, especially since 2009’s leading scorer Khion Sankey to graduation. The first test for the revamped, defending MVAL champs was when they hosted the Nor Cal Tip-Off Classic. Their first round game provided a powerhouse match-up against Oakland High. Oakland won the much-anticipated game on Saturday, Nov. 27, 59-58.
After opening up their year with a difficult 63-32 loss to Liberty High, the girls from Newark bounced back quickly. The Lady Cougars upped San Ramon Valley, 46-40, in a Nov. 26 game. Taylor Presley led Newark in scoring with her 16-point output, she was one of three Lady Cougars in double digits. Kelsey Pease dropped in 13 while sophomore standout Taylor Norman put in 10 points and grabbed eight rebounds. The defending MVAL champs will have some time to regain their momentum from last season as their next game will not be until Dec. 6. They will hike up to
Oakland to Skyline High; tip off is set for 7 p.m. Possibly the strongest competition to both Newark teams, Washington could possibly play the roles of spoiler. Both teams finished right behind Newark and perhaps provided the most excited series of games through the hoops season. Washington’s Husky boys gave Newark the closest run for their MVAL last year, including two, four-point losses. The climb back to Newark’s throne will continue when the Huskies take part in the Rob Vares Jr. Memo-
Geoff Hartman goes in for two, helping Ohlone to a comfortable win on Wednesday, Nov. 24.
College and handed the hosts a 13-point, 70-57 defeat. With the win, the Gladiators have now reeled off five wins in six games in the early going this season. The Gladiators, finished the
BY NICK ZAMBRANO On both the boys and girls courts, Newark Memorial High School is now the target of the Mission Valley Athletic League (MVAL). Newark’s boys team, led by head coach Craig Ashmore, will
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WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
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rial Tournament on Dec. 2, their first round opponent will be Livermore High. The Lady Huskies provided more tension for their rivals from Newark. Washington lost in the end, but it marked a miraculous turnaround by first-year head coach Clarence Benjamin. Despite losing starters Sabrina Swayzer, Kaley Marden and Deja Bishop to graduation, Benjamin still has a solid corps to compete with juniors Chessie Santeramo and Julia Selph returning to the starting lineup. Washington opens up at Livermore High on Tuesday, Nov. 30. Moving up into Union City, the Colts from James Logan saw their girls - led by head coach Frank Borghi - reached the NCS tournament despite finishing third in the MVAL regular season. Logan continued that fighting spirit under Borghi with their season opener against McClymonds High, 37-30. Logan’s boys started off the 2010 just right with a win against Tennyson High on Nov. 18. The contest was a low scoring one at 35-26 and Logan failed to break into double digit scoring in every
quarter. The offense for Logan will attempt to open up against California High on Nov. 30. In other MVAL hoops news, both Mission San Jose teams failed to capture a win in their season openers. The Warriors fell in a tight, high-scoring battle to Livermore, 89-86, a fate similar to Irvington’s, who lost to Livermore as well. The Lady Warriors on the other hand, had more distance between them and their combatants, Amador Valley High, losing 42-27. Moving outdoors to the soccer field, in MVAL action during the holiday week, James Logan High’s boys team took the field twice, splitting the two contests. They opened with a 4-0 win over Castro Valley High on Monday, Nov. 22. Gustavo Ulloa led the way with a pair of goals. But on Wednesday, Nov. 24, the Colts were shut down at home against Berkeley High, 1-0. Irvington dropped both its games last week, 2-1 to Mt. Eden on Monday, Nov. 22, and 4-2 to San Ramon Valley on Saturday, Nov. 27. Kennedy had much better success than the Vikings. In two matches, the Titans got a win — 5-2 vs. Hercules on Monday — and a draw — 0-0 at Granada
on Tuesday, Nov. 23. Elsewhere in boys MVAL soccer, Washington went to Dublin and fell 2-1 to Dublin High on Tuesday, while Mission San Jose hosted Hayward and played to a 22 draw, also on Tuesday. And on Wednesday, Newark Memorial topped Livermore, 2-1, at home. Shane Nath and Edward Ramirez were the Cougars scorers. For the girls, Irvington went 20 last week, winning a pair of home matches. First, they topped San Leandro on Monday, Nov. 22, by a 3-0 count. Heidi Moreno, Melissa Heaton and Jessica Lerma scored, while Kimberley McLaughlin made a pair of saves in net. On Tuesday, the Lady Vikings dropped San Lorenzo 5-0 at home. Heaton scored twice to lead the way. Lerma, Vienna Curtis and Zuleijma Ortiz Flores scored the others. Also on Tuesday, Kennedy improved to 3-0 on the season with a 1-0 road win over Dublin High. Tori Salazar had the lone goal, leading the Lady Titans to victory. Hannah Stephens played solid in net, stopping all eight shots on frame. GiovanniAlbaneseJr.contributed to thisarticle.
HAAL sports roundup BY KEVIN YIN In their home opener, the Mount Eden High School boys basketball team defeated Livermore 84-74 on Monday, Nov. 22. Junior shooting guard Kevin Clerkley led Mt. Eden with 25 points and six assists, while junior center Shamil Sharma added a double-double with 15 points and 11 rebounds. Senior small forward Nick Simi had a huge game in a losing effort for Livermore, with 35 points (including nine 3-pointers), eight rebounds and six assists. Next, Mt. Eden will take on Pinole Valley on Tuesday, Nov. 30. San Leandro’s boys squad dropped their season opener against Deer Valley 79-73 on Saturday, Nov. 27, in the first round of the Nor Cal Tip-Off Classic in Newark. San Leandro jumped out to a 15-point, first-quarter lead but couldn’t hold on for the win. Senior point guard Hamed Ali had 28 points for San Leandro. San Leandro will face Newark Memorial on Tuesday, Nov. 30. Tennyson’s girls team split two
games this week, first defeating Oakland, 43-32, on Nov. 23 before falling to Skyline, 35-33, on Nov. 27. Junior forward Kianna Foster led Tennyson against Oakland with 15 points, while sophomore shooting guard Keanya Ousley scored 14 points against both Oakland and Skyline. Tennyson is now 2-1 on the season and will next take on John F. Kennedy High in Fremont on Dec. 9. Hayward girls team defeated McClymonds, 50-37, on Saturday, Nov. 27. Sophomore point guard Kiera Scott paced Hayward with 11 points, with junior forward Erin Muhammed chipping in five points and a team-high eight rebounds. Hayward is now 2-0 on the season; their next game is at Castelmont in Oakland on Monday, Dec. 6. In soccer, there was a very limited schedule in HAAL, with all games taking place early in the week. On Monday, Nov. 22, Mt. Eden topped Irvington High School, 2-1, in Fremont. Adam Rebello scored the lone goal for Irvington; Mt. Eden’s stats were unavailable at press.
Another second round exit for Washington BY JEFF WEISINGER In the end, the Washington High School football Huskies just didn’t have enough fight. Seventeen unanswered Pinole Valley High School points ended Washington’s hopes of a North Coast Section Division II title as the Huskies fell 38-28 to the No. 2 Spartans Saturday, Nov. 27. The loss marks the second straight year that Washington has fallen in the second round of the NCS playoffs and the second straight year that they lost it on the road. In 2009, the Huskies fell to Pittsburg High. Washington found themselves down 7-0 early as Carvonte Hill outran the Husky defense for a 61yard touchdown for the game’s first score. The Huskies answered back quickly on Deandre Carter’s four-yard score, however a missed two-point conversion put Washington down one. Maxwell Naterman’s 39-yard field goal put the Spartans up 10-6 after the first quarter. Then Pinole Valley took charge, mainly on the legs of James Lewis. Lewis dashed straight through the Huskies defense for both Spartan touchdowns in the second quarter on 86- and 85-yard runs as Pinole Valley took a commanding 24-6 halftime lead. Lewis would finish the day with 251 yards rushing on 11 carries and three touchdowns, as the Spartans ran for a combined 349 yards on the night. After a scoreless third quarter for both sides, Lewis would open the Spartan’s fourth quarter scoring with a 50-yard touchdown run followed by Hill’s nine-yard rushing touchdown, giving the contnued on page 26
On Tuesday, Nov. 23, the two HAAL schools in action — Hayward and Tennyson — both left the pitch with a tie on their resume. Hayward accomplished its draw, 2-2, on the road at Mission San Jose High School; Tennyson, however, wasn’t able to take advantage of its home field, with St. Joseph Notre Dame coming away with a 3-3 split. Tennyson had three different scorers on the day, Gerardo Zendejas, Netty Orellana and Carlos Valeriano. Hayward’s girls were the only soccer team in HAAL on the field last week, falling 3-0 at home to Encinal High School on Tuesday, Nov. 23. All the HAAL winter sports pick up beginning Monday, Nov. 29 (scores unavailable at press), and all through the current week and into the new year. Pick up a copy of the Dec. 7 issue of TriCity Voice for all results on the coming week. Log onto the TCV Sports Web page, http://sports.tricityvoice.com, for scores as they happen. GiovanniAlbaneseJr.contributed to thisarticle.
Milpitas tennis duo advances in CCS tourney BY BIFF JONES Senior Vivian Nguyen and sophomore Christi Tain of the Milpitas High School girls tennis team won their first- and second-round matches on Monday, Nov. 22, in Central Coast Section (CCS) doubles play. They defeated Marika Lee and Lauren Liu of Los Altos High School, 6-0, 6-0 before downing Saga Shermis and Eliza Adams of Menlo, 6-2, 6-0 in the quarters. Originally scheduled for Tuesday, Nov. 22, the semifinals and championship rounds were postponed to Monday, Dec. 6, by CCS due to inclement weather, followed by the Thanksgiving holiday. Play on Dec. 6 will start at noon at the Courtside Tennis Club in Los Gatos. Nguyen and Tain won the Santa Clara Valley Athletic League El Camino Division doubles championship earlier in November and Nguyen is undefeated for 2010. She was the team leader for coach Dong Pham’s Trojans. Nguyen and Tain are the No. 3 seed in the 16-team tournament and will face the No. 2 seed, Ruri Kobayakawa and Wendi Kong of Monta Vista High School in one semi-final. No. 1 seed Stacy Yam and Kennedy Davis of Archbishop Mitty High School take on No. 6 Logan Finnell and Anna Romeka of Stevenson School in Monterey in the other semi. For scores of the matches, as well as a complete schedule for all the local prep schools, log onto the TCV Sports website: http://sports.tricityvoice.com.
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WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
PUBLISHER EDITOR IN CHIEF William Marshak DIRECTOR OF OPERATIONS Sharon Marshak
For sale: Centerville WILLIAM MARSHAK
C
ontroversy and legal entanglements are nothing new to the Center Theater or whatever it is called these days. Through a variety of iterations in the last couple of decades, its identity has had little to do with Centerville and much to do with a tangled web of ownership and use that has created an identity crisis for Fremont’s historic district. As a centerpiece of the community, the Center Theater has been a focus of citizen restoration efforts that have fought an uphill battle with City officials. Unrealistic expectations by the seller and intransigence by administrative personnel led to a stalemate… until now. The present owner was quoted in 2004 as proudly saying that his efforts were supreme in revitalizing the area and the theater would cater to all groups. In a newspaper interview, “David” Saddiq responded to the question of calling the area “Little Kabul,” saying, “Why do you have to call it ‘Little Kabul?’ It’s a community for everybody.” What a difference a few years makes. In a deal that is suspect on the surface and more so as connections are revealed, this magnani-
MVAL continued from page 25
Spartans the 38-6 lead. The Huskies would try to fight back in the fourth quarter as Carter would score three touchdowns, one receiving and two rushing as Washington outscored Pinole Valley 22-14, however it was not enough as the Huskies would see their season end after Carter’s six-yard touchdown run. Washington opened the year 04 in one of the toughest non-conference schedules in years. The Huskies went on to win the next five games once MVAL play started, however lost to James Logan in the MVAL championship game.
mous owner who responds to “David” or “Jawid” depending on the circumstances, has leased the theater to Marwais “Neco” Shojaee who just happens to be a fellow realtor at Trust Realty Services with a web presence and no physical address listed. Repeated calls to the listed number were met with a busy signal. Coincidentally, both seller and lessee previously owned used car lots. Now money is pouring into a building that is appraised at significantly less than the owner needs to service his debts. What is this new shining knight in armor doing to promote the Centerville community with his largesse? How will he promote the owner’s vision of a “community for everybody?” According to news reports, this will be accomplished through an Afghan Cultural Arts Theater for an Afghan Broadcasting Network. He plans to “forge bonds with Afghan students and, as a bone to the local community, notes that “non-Afghans would also be welcome.” And what about the discrepancy in the owner’s asking price and value of the building? This sharp businessman has apparently made so much money from previous business dealings in the world of used cars and real estate says it doesn’t matter. Wow! With all the vacant commercial and industrial buildings available at deep discounts in this economy, this astute businessman has elected a theater in the midst of an historic district for an exclusive ethnic
showplace. Does this make any sense? Response from the City of Fremont is indicative of an indifferent attitude toward the community. To Redevelopment, this is simply the private sector making use of a perceived nuisance, hoping for a “quality job.” After years of neglect and a recent vote by the Redevelopment Agency Board (i.e. City Council) to increase the Redevelopment Budget by $1.1 billion, the emphasis on revitalization appears to be focused in a different direction. An ethnic enclave seems to be okay and even encouraged as City officials sit on their hands and wait for the Centerville Theater to go away no matter what form it takes. Apparently the Agency has decided, without a backward glance, to ignore the ramifications of this transformation or how and why this facility is suddenly worth millions of dollars above its appraised value between associates who claim business savvy. Is it fair to ask who these guys are and where all this money coming from? Is Centerville’s heritage and community for sale without any investigation of the circumstances of its demise?
William Marshak PUBLISHER
Warriors basketball teams open up season BY BIFF JONES Fremont Christian High School boys and girls basketball teams opened up their respective basketball seasons last week. While the boys showed good signs, they faded at the end. Meanwhile, the girls team coasted in their one game. Led by coach Curtis Coffey, the boys basketball team traveled to Head-Royce High School in Oakland on Tuesday, Nov. 23, for the season opening nonconference game. Fremont jumped out to a 12-9, firstquarter lead and led 25-24 at the half.
But the third quarter was owned by Head-Royce, who outscored the Warriors 20-6 in the period, going on to a 62-44 rout. Warriors were led by senior point guard Jeremiah Herzog — a TCV Sports Male Athlete of the Month in March 2010 — who netted a team-high 25 points. Next up for Fremont Christian is a tilt at American High School in Fremont on Wednesday, Dec. 1. Tip off is 7:30 p.m. As for Michie Sierra’s girls basketball team, her Lady Warrior opened their season at home on the Nov. 23 against Mountain View Academy with a relatively easy 42-26 victory.
Fremont Christian led 11-6 after one, 28-10 at the half and 38-17 heading into the final quarter. Leading Fremont was Kim Du with 10 points, five rebounds, five steals and five assists. Kemana Otosi also chipped in with a double-double: 10 points and 15 rebounds, as well as six steals. Next up for the Lady Warriors is a road game at International High School of San Francisco on Thursday, Dec. 2, before returning home to take on Redwood Christian High School of San Lorenzo on Friday, Dec. 3. Both games tip off at 5:30 p.m.
PRODUCTION/GRAPHIC DESIGN Ramya Raman ARTS & ENTERTAINMENT Mona Shah EDUCATION Miriam G. Mazliach GOVERNMENT Simon Wong PROTECTIVE SERVICES Meenu Gupta SPORTS Giovanni Albanese Jr. SPORTS REPORTERS Biff Jones Jeff Weisinger Gary van den Heuvel David Nicolas Sanjna Shukla Kevin Yin PHOTOGRAPHERS Mike Heightchew Don Jedlovec DISTRIBUTION MANAGER Gerry Johnston ADVERTISING REPRESENTATIVE Colleen Ganaye ADMINISTRATIVE ASSISTANTS Pahoua Sayaovang Patricia Cragin BOOKKEEPING Vandana Dua CARTOONS Angelo Lopez STARR TEAM Denny Stein J. D. Wolfe REPORTERS Julie Grabowski Janet Grant Philip Holmes Robin Michel Susana Nunez Suzanne Ortt Praveena Raman Rajeswari Ramanathan Joe Samagond Shavon Walker Alyson Whitaker INTERN Alissa Gwynn WEB MASTER RAMAN CONSULTING Venkat Raman LEGAL COUNSEL Stephen F. Von Till, Esq.
ADJUDICATION: What’s Happening’s Tri-City Voice is a “newspaper of general circulation” as set forth in sections 6000, et. seq., of the Government Code, for (1) the City of Union City, (2) the City of Fremont, (3) the County of Alameda, and (4) the State of California. What’s Happening’s TRI-CITY VOICE® ™
39737 Paseo Padre Parkway Fremont, CA 94538 What’s Happening’s The Tri-City Voice is published weekly, issued, sold and circulated in and from Fremont, Newark, Union City, Hayward, Milpitas and Sunol and printed in Union City, California. The principal office of TriCity Voice is at 39737 Paseo Padre Parkway, Fremont, CA 94538. William Marshak is the Publisher. Subscribe. Call 510-494-1999 or sign up on our web site www.tricityvoice.com
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WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
Page 27
PUBLIC NOTICES In compliance with the provisions of Sections 40804 and 40805 of the Government Code, the following report represents a summary of the financial transactions for the City of Fremont for the fiscal year ended June 30, 2010. City of Fremont Cities Financial Transactions Report - Consolidated Statement of Revenues, Expenditures, and Changes in Fund Balance/Working Capital Consolidated Statement Fiscal Year: 2010 Net Expenditures/ Expenditures Net of Functional Total Functional (Excess) Revenues Expenditures Revenues Revenues General Government $12,453,091 $12,453,091 Public Safety 116,950,385 21,645,679 95,304,706 Transportation 29,966,638 15,529,439 14,437,199 Community Development 15,660,419 14,417,890 1,242,529 Health 14,120,035 14,201,835 (81,800) Culture and Leisure 21,658,412 10,024,911 11,633,501 Total $ 210,808,980 $ 75,819,754 $ 134,989,226 General Revenues Taxes Fines and Forfeitures Revenue from Use of Money and Property Intergovernmental – State Intergovernmental – County Total
$108,496,077 753,852 2,446,952 1,152,497 451,547 $ 113,300,925
Excess (Deficiency) of General Revenue Over Net Expenditures
($21,688,301)
Excess (Deficiency) of Internal Service Charges Over Expenses Beginning Fund Balance/Working Capital
$1,110,792 $201,513,128
Ending Fund Balance/Working Capital
$ 180,935,619
Appropriation Limit as of Fiscal Year End Total Annual Appropriations Subject to the Limit as of Fiscal Year End
$491,511,372 $134,578,000 CNS#1994588
FICTITIOUS BUSINESS NAMES
GOVERNMENT CITY OF FREMONT – PUBLIC HEARING
FICTITIOUS BUSINESS NAME STATEMENT File No. 445114 The following person(s) is (are) doing business as: Vaibhav Indian Cuisine, 600 West Harder Road, Hayward, CA 94544, County of Alameda Ruchi Indian Cuisine, 600 Wet Harder Road, Hayward, CA 94544; CA This business is conducted by Limited Liability Company. The registrant(s) commenced to transact business under the fictitious business name or names listed above on N/A I declare that all information in this statement is true and correct. (A registrant who declares as true information which he or she knows to be false is guilty of a crime.) /s/ Gopal Krishna Rad Shetty, Member This statement was filed with the County Clerk of Alameda County on November 19, 2010. NOTICE-In accordance with Section 17920(a), a Fictitious Name Statement generally expires five years from the date it was filed with the County Clerk, except as provided in Section 17920(b), where it expires 40 days after any change in the facts set forth in the statement pursuant to section 17913 other than a change in the residence address of a registered owner. A New Fictitious Business Name Statement must be filed before the expiration. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State, or common law (See Section 14411 et seq., Business and Professions Code). 11/30, 12/7, 12/14, 12/21/10 CNS-1995218# FICTITIOUS BUSINESS NAME STATEMENT File No. 444387 The following person(s) is (are) doing business as: Therafit, 4121 Ferry Ln., Fremont, CA 94555, County of Alameda Marta Rivera, 4121 Ferry Ln., Fremont, CA 94555 This business is conducted by an Individual The registrant(s) commenced to transact business under the fictitious business name or names listed above on N/A I declare that all information in this statement is true and correct. (A registrant who declares as true information which he or she knows to be false is guilty of a crime.) /s/ Marta Rivera This statement was filed with the County Clerk of Alameda County on October 28, 2010 NOTICE-In accordance with Section 17920(a), a Fictitious Name Statement generally expires five years from the date it was filed with the County Clerk, except as provided in Section 17920(b), where it expires 40 days after any change in the facts set forth in the statement pursuant to section 17913 other than a change in the residence address of a registered owner. A New Fictitious Business Name Statement must be filed before the expiration. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State, or common law (See Section 14411 et seq., Business and Professions Code). 11/23, 11/30, 12/7, 12/14/10 CNS-1989818# FICTITIOUS BUSINESS NAME STATEMENT File No. 444486 The following person(s) is (are) doing business as: XYZ FASHIONS, 42731 ROBERTS AVE., FREMONT, CA 94538, County of ALAMEDA YEONNETTE JORDAN, 42731 ROBERTS AVE., FREMONT, CA 94538 This business is conducted by AN INDIVIDUAL The registrant(s) commenced to transact business under the fictitious business name or names listed above on N/A I declare that all information in this statement is true and correct. (A registrant who declares as true information which he or she knows to be false is guilty of a crime.) /s/ YEONNETTE JORDAN This statement was filed with the County Clerk of Alameda County on NOVEMBER 1, 2010 NOTICE-In accordance with Section 17920(a), a Fictitious Name Statement generally expires five years from the date it was filed with the County Clerk, except as provided in Section 17920(b), where it expires 40 days after any change in the facts set forth in the statement pursuant to section 17913 other than a change in the residence address of a registered owner. A New Fictitious Business Name Statement must be filed before the expiration. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State, or common law (See Section 14411 et seq., Business and Professions Code). 11/16, 11/23, 11/30, 12/7/10 CNS-1987396# FICTITIOUS BUSINESS NAME STATEMENT File No. 444115 The following person(s) is (are) doing business as: N. California Installation Services, 5051 Silver Reef Dr., Fremont, Alameda, CA 94538, County of Alameda Alfonso I Puebla, 5051 Silver Reef Dr., Fremont, CA 94538 This business is conducted by an individual The registrant(s) commenced to transact business under the fictitious business name or names listed above on 10-20-10 I declare that all information in this statement is true and correct. (A registrant who declares as true information which he or she knows to be false is guilty of a crime.) /s/ Alfonso I Puebla This statement was filed with the County Clerk of Alameda County on October 20, 2010 NOTICE-In accordance with Section 17920(a), a Fictitious Name Statement generally expires five years from the date it was filed with the County Clerk, except as provided in Section 17920(b), where it expires 40 days after any change in the facts set forth in the statement pursuant to section 17913 other than a change in the residence address of a registered owner. A New Fictitious Business Name Statement must be filed before the expiration. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State, or common law (See Section 14411 et seq., Business and Professions Code). 11/9, 11/16, 11/23, 11/30/10 CNS-1982023#
Notice is hereby given that the City of Fremont City Council will hold a public hearing to consider the following proposal. Said public hearing will be held at 7:00 p.m., Tuesday, December 14, 2010, Council Chambers, 3300 Capitol Ave., Bldg. A, Fremont, CA, at which time all interested parties may attend and be heard: DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR 2009/10 Consideration of the Development Impact Fee Annual Report for Fiscal Year 2009/10 and Findings Required by the Mitigation Fee Act If you challenge any decision of the City Council 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 delivered to the City Council at, or prior to, the public hearing. DAWN G. ABRAHAMSON CITY CLERK 11/30, 12/7/10 CNS-1996757# CITY OF FREMONT PUBLIC HEARING Notice is hereby given that the City of Fremont City Council will hold a public hearing to consider the following proposal. Said public hearing will be held at 7:00 p.m. , Tuesday, December 14, 2010, Council Chambers, 3300 Capitol Ave., Bldg. A, Fremont, CA, at which time all interested parties may attend and be heard: GENERAL VACATION OF A PORTION OF THORNTON AVENUE AND POST STREET IN THE CENTERVILLE PLANNING AREA Public Hearing (Published Notice) to Consider a General Vacation to Abandon a Portion of Thornton Avenue and Post Street in the Centerville Planning Area (PLN2009-00258) and if Approved to Authorize Conveyance of the Vacated Portion of the Street to Dale Hardware If you challenge any decision of the City Council 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 delivered to the City Council at, or prior to, the public hearing.
erings for seismic load-resisting elements which have performed poorly in recent earthquakes are carried forward.
ABSENT: None
7-Automatic Fire Extinguishing Systems: Most existing requirements for Automatic Fire Extinguishing Systems (AFES) are continued, with text and structure changes made for clarity. One noteworthy change is a provision to add up to 500 square feet to any residence, with an overall cap of 5,000 square feet, before triggering a retrofit requirement.
A certified copy of the full text of Ordinance No. 21-2010 as adopted is available for review upon request in the office of the City Clerk, 3300 Capitol Avenue, Building A, Fremont.
CNS-1996742# SUMMARY OF ADOPTED ORDINANCES ORDINANCE NO. 23-2010 AN ORDINANCE OF THE CITY OF FREMONT ADOPTING AND AMENDING THE 2010 CALIFORNIA BUILDING, PLUMBING, MECHANICAL, ELECTRICAL, EXISTING BUILDING, RESIDENTIAL, AND GREEN BUILDING CODES, AMENDING FREMONT MUNICIPAL CODE TITLE VII (BUILDING REGULATIONS), CHAPTER 1 (FREMONT BUILDING CODE), ARTICLES 1 THROUGH 6 AND ADDING ARTICLES 8 AND 9, AND MAKING CONFORMING AMENDMENTS TO TITLE VII, CHAPTER 3 (FREMONT HOUSING CODE) AND TITLE VII, CHAPTER 4 (FREMONT ABATEMENT OF DANGEROUS BUILDINGS CODE) AND ORDINANCE NO. 24-2010 AN ORDINANCE OF THE CITY OF FREMONT ADOPTING AND AMENDING THE 2010 CALIFORNIA FIRE CODE AND AMENDING FREMONT MUNICIPAL CODE TITLE VII (BUILDING REGULATIONS), CHAPTER 1 (FREMONT BUILDING STANDARDS CODE), ARTICLE 7 (FREMONT FIRE CODE) On October 26, 2010, the Fremont City Council introduced the above Ordinances adopting and amending certain parts of the 2010 California Buildings Standards Codes, specifically the Building, Mechanical, Plumbing, Electrical, Existing Building, Fire, Green Building, and Residential Codes. Most of the amendments carry forward existing local amendments to the 2007 California Building Standards Code. The amendments are briefly summarized as follows: 1-Administrative Amendments: These amendments define: the requirements, terms and conditions for applying for and obtaining building permits; the authority of the Building Official; the Board of Appeals; when the submission of plats of survey and soil and structural observation are necessary; and, the terms and conditions for issuance of certificates of occupancy. 2-Soils Reports, Investigation and Soils Observation: The proposed amendments in this area allow the use of existing soils reports, when an addition is matched to the existing foundation system. All current soil investigations and foundation observations are being carried forward into the new code. 3-Structural Inspection: The amendments concerning structural inspection respond to the unique hazards associated with Fremont's proximity to the Hayward fault and carry forward current local requirements. 4-Roof Coverings: This amendment requires that the fire resistance of roof materials be certified. 5-Fire Resistant Construction, Occupancy Separation and Exiting: These amendments extend fire resistivity and occupancy separation requirements similar to those adopted by the State Fire Marshal (SFM) to office and business occupancies ( B), factories (F), storages and parking garages (S), and other miscellaneous and utilities (U) buildings. These amendments also affect the construction of exterior walls and high-rise building roofs; maintain fire resistance of walls separating sleeping units in hotels and motels and extend this amendment to duplexes; do not allow a reduction of rated floor or wall assemblies from 1 hour to ½ hour in all duplexes and multi-residential occupancies when a fire sprinkler is installed (including hotels and motels); require one-hour fire separation between the garage and habitable areas for single family residences, duplexes, apartments, condominiums or townhomes; maintain current 5/8" gypsum wall thickness for separation walls; require 1-hour fire separations between residential occupancies and attached parking garages, business, retail spaces, factory and storage buildings; and require two exits for buildings three stories high and above. 6-Wood Structures and Prescriptive Conventional Construction: Current local amendments disallowing certain types of wall cov-
DAWN G. ABRAHAMSON CITY CLERK 11/30/10 CNS-1996710#
8- California Mechanical Code:The protection of hoods and ducts in an enclosure by fire rated materials is added to restrict grease duct fires to the hood and duct and prevent it from spreading to the rest of the building. 9-California Plumbing Code: The proposed amendments are administrative and similar to amendments currently in place in the City of Fremont. 10-General California Fire Code Amendments: Several sections of the California Fire Code (CFC) related to fire alarm specifications and hazardous materials are amended to allow the Fire Department greater flexibility and application of life safety and property conservation controls. These can be summarized as follows: fire alarm system installation and monitoring requirements have been clarified; spill control and secondary containment mechanisms are required for a wider range of hazardous materials and at lower thresholds; fireworks and pyrotechnic special effects sections have been amended to carry forward language consistent with the continued ban on the sale and possession of “Safe and Sane Fireworks”; additional construction and monitoring requirements have been crafted for hazardous materials with CFC health hazard classifications of 3 and 4, mainly the toxic and highly toxic materials; other technical changes that are consistent with the existing amendments currently in effect in the City of Fremont. 11-Structural. Amendments to structural requirements in the building code include: seismic design requirements for suspended ceilings; limits to the height of light framed buildings with vertical irregularities; requirements for eccentrically braced steel frames; correction of mistakes or oversights in ASCE equations; and modifications to requirements for steel concentrically braced frames. 12-Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings: The existing amendments to the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings are conformed to the section numbering in the new building codes. 13- Code Appendices:2010 California Building Code Appendix Chapter C regarding agricultural buildings and Appendix Chapter I regarding patio covers are adopted. 2010 California Residential Code Appendix Chapter G regarding private swimming pools, spas & hot tubs, Appendix Chapter H regarding patio covers, are Appendix Chapter K regarding sound transmission between attached dwelling units are adopted. 12-California Residential Code: The amendments are identical to amendments to California Building Code. They include requirements for firesprinklers and separation between garage and dwelling. Use of brittle materials is prohibited for bracing of dwellings. 13-California Green Building Code: The amendments require compliance with Tier I requirements for new residential buildings. Mandatory Tier I compliance includes: 15% reduction in overall energy use, 20% reduction in water consumption, 20% reduction in wastewater discharge, 20% of paved surfaces to be permeable pavement, water efficient landscape design, 20% reduction in foundation concrete, 10% of construction materials to include recycled content, 65% of construction waste diverted from landfill, 80% of resilient flooring material to meet minimum VOC materials standard, and insulation materials must meet minimum VOC materials standards. As an alternative to meeting the mandatory Tier I requirements, a project may achieve at least 50 points from the GreenPoint Checklist. The Ordinances were adopted at a regular meeting of the City of Fremont City Council held November 23, 2010, by the following vote, to wit: AYES: Mayor Wasserman, Vice Mayor Chan, Councilmembers: Wieckowski, Natarajan, and Harrison NOES: None ABSENT: None ABSTAINED: None A certified copy of the full text of Ordinance No. 23-2010 and Ordinance No. 24-2010 as adopted are available for review upon request in the office of the City Clerk, 3300 Capitol Avenue, Building A, Fremont. DAWN G. ABRAHAMSON – CITY CLERK 11/30/10 CNS-1996723# SUMMARY OF PROPOSED ORDINANCE As Introduced November 23, 2010
DAWN G. ABRAHAMSON CITY CLERK 11/30/10
ABSTAINED: None
AN ORDINANCE OF THE CITY OF REZONING PROPERTY LOCATED FREMONT BOULEVARD FROM DISTRICT 2003-18 TO PLANNED 2010-272
FREMONT AT 41482 PLANNED DISTRICT
On November 23, 2010, 2010, the Fremont City Council introduced the above Ordinance rezoning property located at 41482 Fremont Boulevard from Planning District 2003-18 to Planned District 2010-272 (Villas at Florio) A certified copy of the full text of the ordinance is posted in the office of the City Clerk, 3300 Capital Street, Fremont, and is available for review upon request. The second reading for adoption is currently scheduled for December 7, 2010, at 7:00 pm, at City Hall, 3300 Capitol Avenue, Fremont. DAWN G. ABRAHAMSON CITY CLERK 11/30/10 CNS-1996717# SUMMARY OF ADOPTED ORDINANCE NO. 22-2010 AN ORDINANCE OF THE CITY OF FREMONT ADOPTING A THIRD AMENDMENT TO THE 2000 AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY AND CATELLUS DEVELOPMENT CORPORATION RELATING TO THE PACIFIC COMMONS PROJECT IN SOUTHERN FREMONT On November 2, 2010, 2010, the Fremont City Council introduced the above Ordinance of the City of Fremont Adopting a Third Amendment to the 2000 Amended and Restated Development Agreement between the City and Catellus Development Corporation Relating to the Pacific Commons Project in Southern Fremont The Ordinance was adopted at a regular meeting of the City of Fremont City Council held November 23, 2010, by the following vote, to wit: AYES: Mayor Wasserman, Vice Mayor Wieckowski, Councilmembers: Natarajan, Harrison and Chan NOES: None ABSENT: None ABSTAINED: None A certified copy of the full text of Ordinance No. 22-2010 as adopted is available for review upon request in the office of the City Clerk, 3300 Capitol Avenue, Building A, Fremont. DAWN G. ABRAHAMSON CITY CLERK 11/30/10 CNS-1996711# SUMMARY OF ADOPTED ORDINANCE NO. 21-2010 AN ORDINANCE OF THE CITY OF FREMONT AMENDING THE PRECISE PLAN FOR PLANNING AREA 5 OF THE PACIFIC COMMONS PLANNED DISTRICT P-2000214, GOVERNING PROPERTY GENERALLY LOCATED WEST OF INTERSTATE 880, SOUTH OF AUTO MALL PARKWAY, NORTH OF CURIE STREET AND EAST OF THE FREMONT AUTO MALL On November 2, 2010, 2010, the Fremont City Council introduced the above Ordinance of the City of Fremont Amending the Precise Plan for Planning Area 5 of the Pacific Commons Planned District P-2000-214, Governing Property Generally Located West of Interstate 880, South of Auto Mall Parkway, North of Curie Street and East of the Fremont Auto Mall The Ordinance was adopted at a regular meeting of the City of Fremont City Council held November 23, 2010, by the following vote, to wit: AYES: Mayor Wasserman, Vice Mayor Wieckowski, Councilmembers: Natarajan, Harrison and Chan NOES: None
ORDINANCE NO. 754-10 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF UNION CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (TWO-TIER RETIREMENT FORMULA FOR MISCELLANEOUS AND LOCAL SAFETY MEMBERS) RECITALS WHEREAS, the City Council of the City of Union City is a contracting Public Agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees’ Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, on October 26, 2010, the City Council adopted Resolution No. 4060-10, a Resolution of Intention to Approve an Amendment to Contract between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Union City; and WHEREAS, the approval of the urgency ordinance would allow the City to provide Section 20475 (Different Level of Benefits), Section 21363 (2%@60 Full formula) and Section 20037 (ThreeYear Final Compensation) for miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract and to provide Section 20475 (Different Level of Benefits), Section 21363.1 (3%@55 Full formula) and Section 20037 (Three-Year Final Compensation) for local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract; and WHEREAS, having this Amendment To Contract become effective immediately is necessary and appropriate and consistent with recent labor agreements between the City and employee organizations, and is a cost-saving measure consistent with prior actions taken by the City in response to the State budget crisis and the struggling economy, including having reduced the General Fund operating budget by close to $10 million a year, through elimination of positions and reduction of basic city services and programs. NOW, THEREFORE, the City Council of the City of Union City does ordain as follows: Section 1. That an amendment to the contract between the City Council of the City of Union City and the Board of Administration, California Public Employees’ Retirement System, is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A: Amendment to Contract, and by such reference made a part hereof as though herein set out in full a copy of which is on file in the office of the City Clerk. Section 2. The City Council of the City of Union City is hereby authorized, empowered and directed to execute said amendment for and on behalf of said Agency. Section 3. This urgency ordinance shall take effect the day following the effective date of the ordinance which would be November 24, 2010. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996200# ORDINANCE NO. 753-10 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING CHAPTER 15.75, CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING, AND CHAPTER 15.76, Green Building and Landscaping Practices, of the muncipal code FOR CONSISTENCY WITH THE 2010 CALIFORNIA GREEN BUILDING CODE THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS: SECTION 1. This Ordinance including Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk, will modify Chapters 15.75 and 15.76 of the Municipal Code for compliance with the 2010 California Green Building Code (Title 24, Part 11). SECTION 2. The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever a jurisdiction adopts regulations which are more restrictive than the Uniform Building Code, as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic conditions. GENERAL FINDINGS OF LOCAL CONDITIONS: The proposed Municipal Code Amendment is reasonably necessary because of local climatic, geological, or topographical conditions in accordance with Health and Safety Code Sections 17958.5 and 17958.7: A. The City is located in Climate Zone 3, which is characterized by periods of extremely hot, dry weather during the summer and fall months. In addition, during the winter, the City frequently experiences cold days with temperature inversions that trap certain air pollutants near the ground and exacerbate conditions leading to respiratory disease and other health risks. Average temperatures in Union City range from a low of 41.7 degrees in December to a high of 78.6 degrees in August. Topography ranges from approximately one foot above sea level at the Bay edge to over 1,500 feet above sea level in the eastern hills portion of the City. Union City has a relatively high potential for air quality impacts during the summer and fall. When high pressure dominates, low mixing depths, and bay and ocean wind patterns can concentrate and carry pollutants from other cities to Union City, adding to the locally emitted pollutant mix. In winter and spring the air pollution potential in Union City is moderate. These local features contribute to the Bay Area's status as a “nonattainment area” under the federal Clean Air Act for ozone and particulate matter. B. In June 2006, ICLEI – Local Governments for Sustainability in partnership with the Alameda County Waste Management Authority & Recycling Board (StopWaste.Org) and the Alameda County Conference of Mayors launched the Alameda County Climate Protection Project. Union City committed to the project and embarked on an ongoing, coordinated effort to reduce the emissions that cause global warming, improve air quality, reduce waste, cut energy use, and save money. The City of Union City is committed to reducing community-wide greenhouse gas emissions by 30% below our 2005 levels by 2020. While climate change is a global problem influenced by an array of interrelated factors, climate change is also a local problem with serious impacts foreseen for California, the Bay Area, and Union City. Local impacts include: i. Sea level rise:According to the Union of Concerned Scientists, the sea level in the State of California is expected to rise up to 12 inches in the next hundred years. The Pew Center on Climate Change has reported that this would result in the erosion of beaches, bay shores and river deltas, marshes, and wetlands and increased salinity of estuaries, marshes, rivers and aquifers. This increased salinity has the potential to damage or destroy crops in low-lying farmlands. Infrastructure at or near sea level, such as harbors, bridges, roads and even the San Francisco International
and Oakland International Airports are at risk of damage and destruction. The San Francisco Bay Area Conservation Commission has modeled the impact of a sea level rise of 3 feet (approx 1 meter) on the San Francisco Bay Area. Areas such as the Oakland Airport would be under water as well parts of Alameda, San Leandro, Hayward, Union City, Fremont, and Newark, including sections of Interstate 880. Under this scenario, large portions of the 511 Area west of Union City Boulevard could be under water. ii. Impacts on water: Water quality and quantity are at risk as a result of changing temperatures. With warmer average temperatures, more winter precipitation will fall in the form of rain instead of snow, shortening the winter snowfall season and accelerating the rate at which the snowpack melts in the spring. Not only does such snow melt increase the threat for spring flooding, it will decrease the Sierras' capacity as a natural water tower, resulting in decreased water availability for agricultural irrigation, hydroelectric generation and the general needs of a growing population. The Sierra snowpack is the origin of the Mokelumne River, the primary source of water for the jurisdictions within Alameda County. iii. Natural disasters: Climate models predict a 4ºF temperature increase in the next 20 to 40 years, with an increase in the number of long dry spells, as well as a 20-30% increase in precipitation in the spring and fall. More frequent and heavier precipitation cause flooding and mudslides, which would incur considerable costs in damages to property, infrastructure, and even human life. In addition, the increase of wildfires due to continued dry periods and high temperatures is another expected impact of continued climate change. In these conditions, fires burn hotter and spread faster. iv. Public health impact: Warming temperatures and increased precipitation can also encourage mosquito-breeding, thus engendering diseases that come with mosquitoes, such as the West Nile Virus, a disease of growing concern in Union City and the surrounding region. Heat waves are also expected to have a major impact on public health and be a determinant factor of mortality. Increased temperatures also pose a risk to human health when coupled with high concentrations of groundlevel ozone and other air pollutants, which may lead to increased rates of asthma and other pulmonary diseases. The incidence of bad air days in California's urban areas has increased, mostly in hot summer days. In the summer of 2006, the Bay Area Air Quality Management District (BAAQMD) registered 11 Spare the Air days for the region and exceeded the California 1-hour standard for ozone (set at 90 ppb) 18 times. v. Impacts on plants and vegetation: Native plants and animals are also at risk as temperatures rise. Scientists are reporting more species moving to higher elevations or more northerly latitudes in response. Increased temperatures also provide a foothold for invasive species of weeds, insects and other threats to native species. The increased flow and salinity of water resources could also seriously affect the food web and mating conditions for fish that are of both economic and recreational interest to residents. In addition, the natural cycle of plant’s flowering and pollination, as well as the temperature conditions necessary for thriving locally adapted agriculture could be affected, with perennial crops such as grapes taking years to recover. C. Pursuant to the California Integrated Waste Management Act of 1989, the Alameda County Waste Management Authority has adopted a Countywide Integrated Waste Management Plan, which sets a Goal to reduce waste generated within the County by 75 percent over 1990 levels. The Alameda County Waste Reduction and Recycling Initiative (also known as Measure D) sets a similar 75 percent waste reduction goal. D. Union City’s local climatic, topographic, and geological conditions exacerbate the impacts of global climate change in several ways to make the adoption of green building requirements, including construction and demolition debris diversion requirements, reasonable and necessary: i. Increasing summer temperatures increase the need for air conditioning, thereby increasing average load demand and peak load demand for energy within Union City. This heightened demand increases the risk of power outages and power shortages, with associated adverse public safety and economic impacts. Increased energy demand and usage also increases local and regional air pollution impacts. Decreasing energy consumption through energy efficiency and other green building techniques reduces each of these impacts. ii. Increasing summer and year-round temperatures also adversely affect the city’s water supply, which is already subject to periodic drought conditions and potential water cutback. Decreasing water usage through conservation, sustainable landscaping (such as Bay-Friendly Landscaping), use of drought-tolerant and native plants, and other green building techniques reduces these adverse impacts. iii. Alameda County has limited landfill capacity. Union City’s topographic and geological conditions make it difficult, if not impossible, to site new landfills within Union City. Other jurisdictions within Alameda County face similar constraints. Moreover, landfills disposing of C&D debris and other solid waste poses the potential for surface and groundwater contamination, due in part to the particular climatic, topographical, and geological conditions of Alameda County’s existing landfills including underlying soil types, potential for liquefaction during earthquakes, proximity to seismic faults, and annual periods of prolonged rainfall. E. The City finds that the design, construction, and maintenance of buildings and landscapes within the city can have a significant impact on the city’s environmental sustainability, resource usage and efficiency, waste management, and the health and productivity of residents, workers, and visitors to the city. F. Green buildings play a significant role in reducing the amount of waste sent to landfills. Construction and demolition debris comprise up to 30% of all materials disposed of in California’s landfills, and over 21% of materials disposed of in Alameda County. Many of these materials have green house gas implications once landfilled – from both the process of organic materials breaking down in the landfill and producing methane and other green house gasses, and the energy needed to produce more building materials from raw materials. G. These Green Building and Construction and Demolition Debris Ordinances, as amended, further Union City’s efforts to enhance the community’s social, economic, and environmental well-being and to mitigate the efforts of global warming on the city’s weather, water supply, physical infrastructure, ecological diversity, human health and economy. SECTION 3. A red-lined copy of the proposed amendments to Chapters 15.75 and 15.76, labeled Exhibit B, is attached hereto and made a part hereof by this reference; a copy of which is on file in the office of the City Clerk. SECTION 4. The proposed standards are cost effective and will require the diminution of energy consumption levels permitted by the 2008 Statewide energy efficiency standards, based upon the findings of the January 21, 2009, study entitled “Energy Cost Effectiveness Case Studies Using the 2008 Title 24 Building Energy Efficiency Standards,” adopted by the Stopwaste.Org Board on April 22, 2009, and made a part hereof by this reference, a copy of which is available in the Economic & Community Development Department. SECTION 5.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 6. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996197# ORDINANCE NO. 752-10 AN ORDINANCE ESTABLISHING GREEN BUILDING STANDARDS FOR THE CITY OF UNION CITY REGULATING THE CONSTRUCTION, ALTERATION, REPAIR AND MAINTENANCE OF STRUCTURES
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WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
PUBLIC NOTICES AND PROVIDING FOR THE ISSUANCE OF PERMITS, COLLECTION OF FEES AND PROVIDING PENALTIES FOR VIOLATIONS BY THE ADDITION OF CHAPTER 15.84 OF THE UNION CITY MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS: SECTION 1. The California Green Building Standards Code, 2010 Edition, is adopted by reference and hereby amended by the additions, deletions, and amendments thereto as set forth in Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk. The reference numbers herein are taken from said Union City Municipal Code and the California Green Building Standards Code respectively where applicable. SECTION 2.The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever a jurisdiction adopts regulations which are more restrictive than the Uniform Building Code, as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic conditions. GENERAL FINDINGS OF LOCAL CONDITIONS: The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion. Local soils have a relatively high acidic content which tends to corrode underground metallic pipes. A. Climate. The typical late summer and autumn combination of little or no precipitation, low humidity, high temperatures, and prevailing winds, create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blowtorch effect that exacerbates “natural” ventilation. B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near numerous potentially active faults. The Association of Bay Area Governments (ABAG) estimates the probability of a serious earthquake along the Hayward Fault as one-in-four within the next 30 years. Furthermore, ABAG projects that damage along the Hayward fault will vary from moderate to extreme, depending on the location of structures and earthquake magnitude. C. Topography. Union City is built atop the younger alluvial deposits that surround the Bay Area. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud, which varies in thickness from a few feet to as much as thirty (30) feet. This alluvium can and is expected to amplify the effects of future earthquakes. Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or pH balance and considered as "hot soils" by engineers. Such "hot" soils are extremely corrosive to all types of metal and cast iron plumbing placed in the ground without cathodic and/or other expensive protection. Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also effects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current state model codes be modified to mitigate effects of these local conditions. SECTION 3.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 4. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996195# ORDINANCE NO. 751-10 AN ORDINANCE ESTABLISHING A RESIDENTIAL CODE FOR THE CITY OF UNION CITY REGULATING THE CONSTRUCTION, ALTERATION, REPAIR AND MAINTENANCE OF RESIDENTIAL STRUCTURES AND PROVIDING FOR THE ISSUANCE OF PERMITS, COLLECTION OF FEES AND PROVIDING PENALTIES FOR VIOLATIONS BY THE ADDITION OF CHAPTER 15.80 OF THE UNION CITY MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS: SECTION 1. The 2010 California Residential Code and Appendix H, J, and K, thereto are adopted herein by reference and hereby amended by the additions, deletions, and amendments there to as set forth in Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk. The reference numbers are taken from said Union City Municipal Code and the 2010 California Residential Code (CRC) respectively, where applicable. SECTION 2. The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever a jurisdiction adopts regulations which are more restrictive than the Uniform Building Code, as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic conditions. GENERAL FINDINGS OF LOCAL CONDITIONS: The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion. Local soils have a relatively high acidic content which tends to corrode underground metallic pipes. A. Climate. The typical late summer and autumn combination of little or no precipitation, low humidity, high temperatures, and prevailing winds, create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blowtorch effect that exacerbates “natural” ventilation. B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near numerous potentially active faults. The Association of Bay Area Governments (ABAG) estimates the probability of a serious earthquake along the Hayward Fault as one-in-four within the next 30 years. Furthermore, ABAG projects that damage along the Hayward fault will vary from moderate to extreme, depending on the location of structures and earthquake magnitude. C. Topography. Union City is built atop the younger alluvial deposits that surround the Bay Area. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud, which varies in thickness from a few feet to as much as thirty (30) feet. This alluvium can and is expected to amplify the effects of future earthquakes. Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or pH balance and considered as "hot soils" by engineers. Such "hot" soils are extremely corrosive to all types of metal and cast iron plumbing placed in the ground without
cathodic and/or other expensive protection. Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also effects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current state model codes be modified to mitigate effects of these local conditions. SECTION 3.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 4. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996190# ORDINANCE NO. 750-10 AN ORDINANCE ESTABLISHING A BUILDING SECURITY CODE FOR THE CITY OF UNION CITY, REGULATING THE INSTALLATION, MAINTENANCE, ISSUANCE OF PERMITS, THE COLLECTION OF FEES, PROVIDING PENALTIES FOR VIOLATING AND ESTABLISHING MINIMUM STANDARDS FOR THE RESISTANCE OF UNLAWFUL ENTRY TO RESIDENTIAL BUILDINGS BY THE AMENDMENTOF CHAPTER 15.64 OF THE UNION CITY MUNICIPAL CODE. THIS ORDINANCE REPEALS ORDINANCE NO. 68907 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS: SECTION 1. The Uniform Building Security Code is adopted herein by reference and hereby amended by the additions, deletions and amendments thereto as set forth in Exhibit A, attached hereto and made part hereof by this reference, a copy of which is on file in the office of the City Clerk. The reference numbers herein are taken from said Union City Municipal Code and the Uniform Security Code (UBSC) respectively, where applicable. SECTION 2. The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever jurisdiction adopts regulations which are more restrictive than state model codes (California Building Codes), as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic conditions. GENERAL FINDINGS OF LOCAL CONDITIONS: The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion. Local soils have a relatively high acidic content that tends to corrode underground metallic pipes. A. Climate. The typical combination of little or no precipitation, low humidity, high temperatures, and prevailing winds during late summer and autumn months create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blow torch effect that exacerbates “natural” ventilation and cross ventilation efforts. B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near other numerous active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years. Furthermore, ABAG projects that damage along this fault will vary from moderate to extreme depending on location of structures and earthquake magnitude. C. Topography. Union City is built atop alluvial deposits that surround the margins of San Francisco Bay. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud which varies in thickness from a few feet to as much as thirty feet. This alluvium can and is expected to amplify the effects of future earthquakes. Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or pH balance and considered as “hot soils” by engineers. Such “hot” soils are extremely corrosive to all types of metal and cast iron plumbing placed in the ground without cathodic and/or other expensive protection. Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also effects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current state-wide model codes be modified to mitigate effects of these local conditions. SECTION 3.Ordinance No. 689-07 is hereby repealed. SECTION 4.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 5. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996187# ORDINANCE NO. 749-10 AN ORDINANCE ESTABLISHING A DANGEROUS BUILDING ABATEMENT CODE FOR THE CITY OF UNION CITY, ESTABLISHING REQUIREMENTS FOR THE REPAIR OR ABATEMENT OF BUILDINGS DETERMINED TO BE SUBSTANDARD AND A DANGER TO THE HEALTH AND SAFETY OF RESIDENTS OF UNION CITY, PRESCRIBING PENALTIES AND THE PROCEDURE FOR THE REPAIR OR ABATEMENT OF SAME, BY THE AMENDMENT OF CHAPTER 15.56 OF THE UNION CITY MUNICIPAL CODE, THIS ORDINANCE REPEALS ORDINANCE NO. 69307 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SECTION 1. The Uniform Code for the Abatement of Dangerous Buildings is adopted herein by reference and hereby amended by the additions, deletions, and amendments thereto as set forth in
Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk. The reference numbers herein are taken from said Union City Municipal Code and the Uniform Code for the Abatement of Dangerous Buildings (UCADB) respectively, where applicable. SECTION 2. The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever a jurisdiction adopts regulations which are more restrictive than the Uniform Building Code, as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic conditions. GENERAL FINDINGS OF LOCAL CONDITIONS: The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion. Local soils have a relatively high acidic content which tends to corrode underground metallic pipes. A. Climate. The typical late summer and autumn combination of little or no precipitation, low humidity, high temperatures, and prevailing winds, create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blowtorch effect that exacerbates “natural” ventilation and cross ventilation efforts. B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near numerous potentially active faults. The Association of Bay Area Governments (ABAG) estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years. Furthermore, ABAG projects that damage along the Hayward fault will vary from moderate to extreme, depending on the location of structures and earthquake magnitude. C. Topography. Union City is built atop the younger alluvial deposits that surround the Bay Area. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud, which varies in thickness from a few feet to as much as thirty (30) feet. This alluvium can and is expected to amplify the effects of future earthquakes. Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or pH balance and considered as "hot soils" by engineers. Such "hot" soils are extremely corrosive to all types of metal and cast iron plumbing placed in the ground without cathodic and/or other expensive protection. Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also effects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current state model codes be modified to mitigate effects of these local conditions. SECTION 3 . Ordinance No. 693-07 is hereby repealed. SECTION 4.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 5. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996182# ORDINANCE NO. 748-10 AN ORDINANCE ESTABLISHING A HOUSING CODE FOR THE CITY OF UNION CITY: ESTABLISHING MINIMUM SPACE AND OCCUPANCY STANDARDS, STRUCTURAL REQUIREMENTS, MECHANICAL REQUIREMENTS, EXITS, FIRE PROTECTION AND OTHER REQUIREMENTS FOR RESIDENTIAL BUILDINGS; REGULATING THE USE AND OCCUPANCY OF RESIDENTIAL BUILDINGS; PROVIDING FOR THE REPAIR, REHABILITATION, OR DEMOLITION OF SUBSTANDARD RESIDENTIAL BUILDINGS; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF SAID HOUSING CODE BY THE AMENDMENT OF CHAPTER 15.60 OF THE UNION CITY MUNICIPAL CODE. THIS ORDINANCE REPEALS ORDINANCE NO. 695-07 AS AMENDED, AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS: SECTION 1. The 1997 Uniform Housing Code (with State amendments) is adopted herein by reference and hereby amended by the additions, deletions, and amendments set forth in Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk. The reference numbers herein are taken from said Union City Municipal Code and the Uniform Housing Code (UHC) respectively, where applicable. SECTION 2. The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever a jurisdiction adopts regulations which are more restrictive than the Uniform Building Code, as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic conditions. GENERAL FINDINGS OF LOCAL CONDITIONS: The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion. Local soils have a relatively high acidic content which tends to corrode underground metallic pipes. A. Climate. The typical combination of little or no precipitation, low humidity, high temperatures, and prevailing winds during late summer and autumn months create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blow torch effect that exacerbates "natural" ventilation and cross ventilation efforts. B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near other numerous potentially active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years. Furthermore, ABAG projects that damage along this fault will vary from moderate to extreme depending on location of structures and earthquake magnitude. C. Topography. Union City is built atop alluvial deposits that surround the margins of San Francisco Bay. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud which varies in thickness from a few feet to as much as thirty feet. This alluvium can and is expected to amplify the effects of future earthquakes. Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or pH balance and considered
as "hot soils" by engineers. Such "hot" soils are extremely corrosive to all types of metal and cast iron plumbing and placed in the ground without cathodic and/or other expensive protection. Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also effects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current statewide model codes be modified to mitigate effects of these local conditions. SECTION 3. Ordinance No. 695-07 is hereby repealed. SECTION 4.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 5.Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996179# ORDINANCE NO. 747-10 AN ORDINANCE OF THE CITY OF UNION CITY AMENDING THE 2010 CALIFORNIA FIRE CODE AND ADOPTING THE INTERNATIONAL FIRE CODE, 2009 EDITIONS, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, ESTABLISHING A BUREAU OF FIRE PREVENTION, PROVIDING OFFICERS THEREFORE, DEFINING THEIR POWERS AND DUTIES, AND REPEALING ORDINANCE NUMBER 692-07 THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS: SECTION 1. The 2010 California Fire Code and State of California Amendments, Volume 1 (Based on the 2009 International Code) including all Sections of Chapter 1, Division II, Sections 309.1 and 311.2 and appendices B, C, D, thereto are adopted herein by reference and hereby amended by the additions, deletions, and amendments thereto as set forth in Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk. The reference numbers herein are taken from said Union City Municipal Code and the California Building Code (IBC) respectively, where applicable. SECTION 2. The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever a jurisdiction adopts regulations which are more restrictive than the Uniform Building Code, as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic conditions. GENERAL FINDINGS OF LOCAL CONDITIONS: The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion. Local soils have a relatively high acidic content which tends to corrode underground metallic pipes. A. Climate. The typical late summer and autumn combination of little or no precipitation, low humidity, high temperatures, and prevailing winds, create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blowtorch effect that exacerbates “natural” ventilation and cross ventilation efforts. B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near numerous potentially active faults. The Association of Bay Area Governments (ABAG) estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years. Furthermore, ABAG projects that damage along the Hayward fault will vary from moderate to extreme, depending on the location of structures and earthquake magnitude. C. Topography. Union City is built atop the younger alluvial deposits that surround the Bay Area. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud, which varies in thickness from a few feet to as much as thirty (30) feet. This alluvium can and is expected to amplify the effects of future earthquakes. Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or pH balance and considered as "hot soils" by engineers. Such "hot" soils are extremely corrosive to all types of metal and cast iron plumbing placed in the ground without cathodic and/or other expensive protection. Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also effects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current state model codes be modified to mitigate effects of these local conditions. SECTION 3.Ordinance No. 692-07 is hereby repealed. SECTION 4.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 5. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996177# ORDINANCE NO. 746-10 ORDINANCE ESTABLISHING AN ELECTRICAL CODE FOR THE CITY OF UNION CITY, REGULATING THE CONSTRUCTION, ALTERATION, REPAIR AND MAINTENANCE OF ELECTRICAL SYSTEMS AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES BY THE AMENDMENT OF CHAPTER 15.44 OF THE UNION CITY MUNICIPAL CODE. THIS ORDINANCE REPEALS ORDINANCE NO. 694-07 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. The California Electrical Code, 2010 Edition (Based on 2008 National Electrical Code), is, adopted herein by reference and hereby amended by the additions, deletions, and amendments thereto as set forth in Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk. The reference numbers herein are taken from said Union City Municipal Code and the California Electrical Code (CEC) respectively, where applicable. SECTION 2. The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever a jurisdiction adopts regulations which are more restrictive than the National Electrical Code, as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic conditions. GENERAL FINDINGS OF LOCAL CONDITIONS: The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion. Local soils have a relatively high acidic content which tends to corrode underground metallic pipes. A. Climate. The typical combination of little or no precipitation, low humidity, high temperatures, and prevailing winds during late summer and autumn months create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blow torch effect that exacerbates "natural" ventilation and cross ventilation efforts. B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near other numerous potentially active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years. Furthermore, ABAG projects that damage along this fault will vary from moderate to extreme depending on location of structures and earthquake magnitude. C. Topography. Union City is built atop alluvial deposits that surround the margins of San Francisco Bay. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud which varies in thickness from a few feet to as much as thirty feet. This alluvium can and is expected to amplify the effects of future earthquakes. Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or pH balance and considered as "hot soils" by engineers. Such "hot" soils are extremely corrosive to all types of metal and cast iron plumbing placed in the ground without cathodic and/or other expensive protection. Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also effects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current statewide model codes be modified to mitigate effects of these local conditions. SECTION 3 . Ordinance No. 694-07 is hereby repealed. SECTION 4.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 5.Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996176# ORDINANCE NO. 745-10 AN ORDINANCE ESTABLISHING A MECHANICAL CODE FOR THE CITY OF UNION CITY REGULATING THE CONSTRUCTION, ALTERATION, REPAIR AND MAINTENANCE OF MECHANICAL EQUIPMENT AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES BY THE AMENDMENT OF CHAPTER 15.52 OF THE UNION CITY MUNICIPAL CODE. THIS ORDINANCE REPEALS ORDINANCE NO. 69607 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS: SECTION 1. The California Mechanical Code, 2010 Edition is adopted herein by reference and hereby amended by the additions, deletions, and amendments thereto as set forth in Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk. The reference numbers herein are taken from said Union City Municipal Code and the California Mechanical Code (CMC) respectively where applicable. SECTION 2. The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever a jurisdiction adopts regulations which are more restrictive than the Uniform Building Code, as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic conditions. GENERAL FINDINGS OF LOCAL CONDITIONS: The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion. Local soils have a relatively high acidic content which tends to corrode underground metallic pipes. A. Climate. The typical combination of little or no precipitation, low humidity, high temperatures, and prevailing winds during late summer and autumn months create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blow torch effect that exacerbates "natural" ventilation and cross ventilation efforts. B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near other numerous potentially active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years. Furthermore, ABAG projects that damage along this fault will vary from moderate to extreme depending on location of structures and earthquake magnitude. C. Topography. Union City is built atop alluvial deposits that surround the margins of the San Francisco Bay. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud which varies in thickness from a few feet to as much as thirty feet. This alluvium can and is expected to amplify the effects of future earthquakes. Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or pH balance and considered as "hot soils" by engineers. Such "hot" soils are extremely corrosive to all types of metal and
WHAT’S HAPPENING’S TRI-CITY VOICE
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PUBLIC NOTICES cast iron plumbing placed in the ground without cathodic and/or other expensive protection. Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also effects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current statewide model codes be modified to mitigate effects of these local conditions. SECTION 3. Ordinance No. 696-07 is hereby repealed. SECTION 4.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 5. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996173# ORDINANCE NO. 744-10 AN ORDINANCE ESTABLISHING A PLUMBING CODE FOR THE CITY OF UNION CITY, REGULATING THE CONSTRUCTION, ALTERATION, REPAIR AND MAINTENANCE OF PLUMBING AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES BY THE AMENDMENT OF CHAPTER 15.48 OF THE UNION CITY MUNICIPAL CODE. THIS ORDINANCE REPEALS ORDINANCE NO. 697-07 AND ALL OTHER ORDINANCES OR PART OF ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS: SECTION 1. The California Plumbing Code, 2010 Edition, (Based on 2009 Uniform Plumbing Code), Appendices A, B, and G, are adopted herein by reference and hereby amended by the additions, deletions, and amendments thereto as set forth in Exhibit A, attached hereto and made part hereof by this reference, a copy of which is on file in the office of the City Clerk. The reference numbers herein are taken from said Union City Municipal Code and the California Plumbing Code (CPC) respectively, where applicable. SECTION 2. The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever a jurisdiction adopts regulations which are more restrictive than the Uniform Building Code, as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic conditions. GENERAL FINDINGS OF LOCAL CONDITIONS: The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion. Local soils have a relatively high acidic content that tends to corrode underground metallic pipes. A. Climate. The typical combination of little or no precipitation, low humidity, high temperatures, and prevailing winds during late summer and autumn months create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blow torch effect that exacerbates "natural" ventilation and cross ventilation efforts. B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near other numerous potentially active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years. Furthermore, ABAG projects that damage along this fault will vary from moderate to extreme depending on location of structures and earthquake magnitude. C. Topography. Union City is built atop alluvial deposits that surround the margins of San Francisco Bay. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud which varies in thickness from a few feet to as much as thirty feet. This alluvium can and is expected to amplify the effects of future earthquakes. Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or pH balance and considered as "hot soils" by engineers. Such "hot" soils are extremely corrosive to all types of metal and cast iron plumbing placed in the ground without cathodic and/or other expensive protection. Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also effects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current state model codes be modified to mitigate effects of these local conditions. SECTION repealed.
3.
Ordinance
697-07
is
hereby
SECTION 4.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 5. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996169# ORDINANCE NO. 743-10 AN ORDINANCE ESTABLISHING A BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS FOR THE CITY OF UNION CITY REGULATING THE CONSTRUCTION, ALTERATION, REPAIR AND MAINTENANCE OF STRUCTURES AND PROVIDING FOR THE ISSUANCE OF PERMITS, COLLECTION OF FEES AND PROVIDING PENALTIES FOR VIOLATIONS BY THE AMENDMENT OF CHAPTER 15.40 OF THE UNION CITY MUNICIPAL CODE. THIS ORDINANCE REPEALS ORDINANCE NO. 690-07 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also effects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current state-wide model codes be modified to mitigate effects of these local conditions. SECTION 3.Ordinance No. 691-07 is hereby repealed.
be licensed, and 91% agree that a store owner who repeatedly sells cigarettes to minors should no longer have the right to sell cigarettes;[11]and 65% of California's key opinion leaders surveyed support implementation of tobacco-licensing requirements;[12]and Over 90% of enforcement agencies surveyed in 2000 rated license suspension or revocation after repeated violations as an effective strategy to reduce youth access to tobacco;[13] and
SECTION 2. The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever a jurisdiction adopts regulations which are more restrictive than the Uniform Building Code, as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic conditions.
SECTION 4.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required.
WHEREAS, ninety-six cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop minors from smoking;[14] and
SECTION 5. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.
WHEREAS, California retailers continue to sell tobacco to underage consumers, evidenced by the following:
GENERAL FINDINGS OF LOCAL CONDITIONS:
PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote:
SECTION 1. The California Building Code, 2010 Edition, (Based on the 2009 International Building Code) and Appendix I, are adopted herein by reference and hereby amended by the additions, deletions, and amendments thereto as set forth in Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk. The reference numbers herein are taken from said Union City Municipal Code and the California Building Code (IBC) respectively, where applicable.
The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion. Local soils have a relatively high acidic content which tends to corrode underground metallic pipes. A. Climate. The typical late summer and autumn combination of little or no precipitation, low humidity, high temperatures, and prevailing winds, create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blowtorch effect that exacerbates “natural” ventilation. B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near numerous potentially active faults. The Association of Bay Area Governments (ABAG) estimates the probability of a serious earthquake along the Hayward Fault as one-in-four within the next 30 years. Furthermore, ABAG projects that damage along the Hayward fault will vary from moderate to extreme, depending on the location of structures and earthquake magnitude. C. Topography. Union City is built atop the younger alluvial deposits that surround the Bay Area. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud, which varies in thickness from a few feet to as much as thirty (30) feet. This alluvium can and is expected to amplify the effects of future earthquakes. Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or pH balance and considered as "hot soils" by engineers. Such "hot" soils are extremely corrosive to all types of metal and cast iron plumbing placed in the ground without cathodic and/or other expensive protection. Local climatic, geographic, and topographic conditions impact fire prevention efforts and potential damage to structures from seismic forces and likely subsequent fires. Soil composition also effects performance of buildings in earthquakes and contributes to failure of plumbing systems in the ground. Therefore, it is reasonable and prudent that current state model codes be modified to mitigate effects of these local conditions. SECTION 3.Ordinance No. 690-07 is hereby repealed. SECTION 4.The proposed Municipal Code Text Amendment has been deemed exemptfrom CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 5. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None
AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996164# ORDINANCE NO. 741-10 AN ORDINANCE OF THE CITY OF UNION CITY AMENDING THE UNION CITY MUNICIPAL CODE TO ADD CHAPTER 5.42 “TOBACCO RETAILERS” REQUIRING THE LICENSURE OF TOBACCO RETAILERS
APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996166# ORDINANCE NO. 742-10 AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE CODE FOR THE CITY OF UNION CITY, TO PROVIDE THE NECESSARY REQUIREMENTS FOR A SINGLE ADMINISTRATION DOCUMENT APPLICABLE TO AND COMPATIBLE WITH ALL ADOPTED TECHNICAL CODES THAT REGULATE CONSTRUCTION BY THE AMENDMENT OF CHAPTER 15.36 OF THE UNION CITY MUNICIPAL CODE. THIS ORDINANCE REPEALS ORDINANCE NO. 691-07 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS: SECTION 1. The Uniform Administrative Code is adopted herein by reference and hereby amended by the following additions, deletions, and amendments there to as set forth in Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk. The reference numbers are taken from said Union City Municipal Code and the Uniform Administrative Code (UAC) respectively, where applicable. SECTION 2. The City Council of the City of Union City finds and declares as follows: Pursuant to California Health and Safety Code Sections 17958.5 and 17958.7, whenever jurisdiction adopts regulations which are more restrictive than state model codes (California Building Codes), as it pertains to the regulation of buildings used for human habitation, certain findings of fact must be made, and a copy of those findings must be filed with the State of California, Department of Housing and Community Development, Division of Codes and Standards. Those findings must be factually based on local conditions of climatic, geographic, and topographic. GENERAL FINDINGS OF LOCAL CONDITIONS: The City of Union City has unique climatic, geographic, and topographical characteristics that have an adverse effect on prevention of life and property loss due to fire, and seismic motion. Local soils have a relatively high acidic content that tends to corrode underground metallic pipes. A. Climate. The typical combination of little or no precipitation, low humidity, high temperatures, and prevailing winds during late summer and autumn months create extremely hazardous conditions, particularly as they relate to wood shake and shingle roofing and conflagrations. In building fires, winds can literally force fires back into the building and create a blow torch effect that exacerbates “natural” ventilation and cross ventilation efforts. B. Geography. The relatively young geographical processes that created the San Francisco Bay Area are still active today. Union City sits astride the Hayward Fault and is very near other numerous active faults. The Association of Bay Area Governments (ABAG) roughly estimates the probability of a serious earthquake along the Hayward Fault as one-in-four in the next 30 years. Furthermore, ABAG projects that damage along this fault will vary from moderate to extreme depending on location of structures and earthquake magnitude. C. Topography.Union City is built atop alluvial deposits that surround the margins of San Francisco Bay. Areas near the Bay are overlain by unconsolidated fine silty clay known as Bay Mud which varies in thickness from a few feet to as much as thirty feet. This alluvium can and is expected to amplify the effects of future earthquakes. Alluvial deposits underlying Union City and other adjacent jurisdictions are, in some locations, high in acidity content or PH balance and considered as “hot soils” by engineers. Such “hot” soils are extremely corrosive to all types of metal and cast iron plumbing placed in the ground without cathodic and/or other expensive protection.
•
• •
•
Nearly 11% of all tobacco retailers unlawfully sold to minors in 2007;[15]and Non-traditional tobacco retailers such as deli, meat, and donut shops sold to minors in 2007 at a much higher rate than the statewide average, as high as 16%;[16]and Teens surveyed in 2002 say they bought their cigarettes at: gas stations (58%), liquor stores (45%), and supermarkets and small grocery stores (29% combined);[17]and
WHEREAS, a requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobaccorelated laws; and WHEREAS, while state law prohibits possession of certain forms of “drug paraphernalia,” and prohibits all sales of “drug paraphernalia,” many retailers continue to sell items that are commonly known to be “drug paraphernalia,” and claim that such items are intended to be used for tobacco; and Whereas, tobacco companies distribute free samples for the purpose of luring young adult tobacco users, as evidenced by the following: •
18-24 year olds have been specifically targeted by tobacco industry marketing as the youngest group of legal smokers; [18] and
•
after the 1998 Master Settlement Agreement with the states, tobacco companies increased marketing aimed at college students by sponsoring events at college bars and providing free samples to college students; [19] and
•
WHEREAS, the City Council finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City, to protect the health, safety, and welfare of our residents; and
the distribution of free samples at promotional events in bars and fraternities has become an integral part of a marketing strategy designed to initiate young adult tobacco users;[20] and
•
tobacco promotional events encourage tobacco use among college students by linking the enjoyable aspects of a bar environment with a tobacco brand;[21] and
WHEREAS, approximately 438,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death;[1] and
•
tobacco company documents demonstrate that bar promotions are highly effective at increasing sales due in part to resulting brand switching, smoking uptake, or relapse by former smokers;[22] and
•
past research has shown that sampling in bar environments has the ability to significantly increase awareness, trial, and purchase of tobacco products by young adults;[23] and
•
the vast majority of free samples distributed by tobacco companies are used, whether by the recipient or by a friend or family member of the recipient;[24] and
•
young adults are significantly more likely to be willing to use tobacco promotional items than adults over 25 years old;[25] and
The City Council of the City of Union City does ordain as follows: SECTION 1.The City Council of the City of Union City hereby finds and declares as follows: WHEREAS, based in part on the information contained in this section, the City Council finds that the failure of tobacco retailers to comply with all tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors, presents an imminent threat to the public health, safety, and welfare of the residents of the City; and
WHEREAS, the World Health Organization (WHO) estimates that by 2030, tobacco will account for 8.3 million deaths per year, killing 50% more people in 2015 than HIV/AIDS, and will be responsible for 10% of all deaths worldwide;[2] and WHEREAS, the California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, as evidenced by the fact that: •
•
•
APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk
•
•
•
•
The Legislature has declared that smoking is the single most important source of preventable disease and premature death in California (Cal. Health & Safety Code § 118950); and State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308); and State law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Cal. Bus. & Prof. Code § 22956) and provides procedures for using minors to conduct onsite compliance checks of tobacco retailers (Cal. Bus. & Prof. Code § 22952); and State law prohibits the sale of tobacco products and paraphernalia through selfservices displays with limited exceptions for tobacco stores (Cal. Bus. & Prof. Code § 22960, 22962); and State law prohibits the sale of “bidis” (hand-rolled filter-less cigarettes imported primarily from India and Southeast Asian countries) except in adult-only establishments (Cal. Pen. Code § 308.1); and State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of “rollyour-own” tobacco in packages containing less than 0.60 ounces of tobacco (Cal. Pen. Code § 308.3); and
WHEREAS, state law requires all tobacco retailers to be licensed by the Board of Equalization primarily to curb the illegal sale and distribution of cigarettes due to tax evasion and counterfeiting (Cal. Bus. & Prof. Code §§ 22970.1, 22972); and WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and WHEREAS, California courts in such cases as Cohen v. Board of Supervisors, 40 Cal. 3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993), have affirmed the power of the City to regulate business activity in order to discourage violations of law; and WHEREAS, Title 18 of the Union City Zoning Code prohibits the sale or distribution of tobacco products within 1,000 feet of “sensitive uses” such as parks, playground, public library, recreation center, religious institution, school or youth-oriented establishment; and WHEREAS, despite the state's efforts to limit youth access to tobacco, minors are still able to access cigarettes, as evidenced by the fact that: •
• •
•
Each day, nearly 4,000 children under 18 years of age smoke their first cigarette, and almost 1,500 children under 18 years of age begin smoking daily;[3] and More than 75% of all current smokers in 2001 began smoking before the age of 18;[4] and Among middle school students who were current cigarette users in 2004, 70.6% were not asked to show proof of age when they purchased or attempted to purchase cigarettes from a store, and 66.4% were not refused purchase because of their age;[5] and In 2002, youth smoked approximately 540 million packs of cigarettes, generating nearly $1.2 billion in tobacco industry revenue[6]; and
WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (the “FDA law”) completely bans free distribution of all tobacco products except smokeless tobacco, which can still be distributed in “qualified adultonly facilities”; and WHEREAS, the FDA law does not prohibit the free distribution of coupons or nominally priced tobacco products; and WHEREAS, California state law prohibits the sale or distribution of free or nominal-cost cigarettes or smokeless tobacco products (or coupons, coupon offers, or rebate offers for such products) on public grounds or on private grounds that are open to the public;[26] and WHEREAS, this state law does not apply to: • •
•
•
locations where minors are prohibited by law (such as bars); and public grounds leased for a private function where minors are denied access to the private function by a peace officer or licensed security guard; and private property open to the general public where minors are denied access to a separate sampling area and the sampling area is enclosed so minors cannot see inside; and product samples, coupons, or rebate offers in connection with the sale of another item, including tobacco products, lighters, magazines, or newspapers; and
WHEREAS, this state law specifically allows adoption of a local ordinance that is “more restrictive” than the state law and provides that a stricter local ordinance shall govern in the case of any inconsistency between the local ordinance and state law;[27] and WHEREAS, the FDA law also expressly grants state and local governments the right to enact measures that are more restrictive than those in the federal law; and[28] WHEREAS, although state and federal laws prohibits most free sampling, tobacco companies may still distribute free smokeless tobacco products in qualifying adult-only facilities, as well as nominally priced tobacco products and coupons in other locations where minors are prohibited by law; and WHEREAS, Union City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults. NOW, THEREFORE, it is the intent of the City Council, in enacting this ordinance, to ensure compliance with the business standards and practices of the City and to encourage responsible tobacco retailing and to discourage violations of tobaccorelated laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein.
WHEREAS, research demonstrates that local tobacco retail ordinances dramatically reduce youth access to cigarettes, as evidenced by the following:
SECTION 2. Chapter 5.42 “Tobacco Retailers” is hereby added to the Municipal Code with the text in Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk.
•
SECTION 3. The proposed Municipal Code Text Amendment has been deemed exempt from CEQA, subject to Sections 15061(b)(3). No further environmental review is required.
•
•
A review of thirteen California communities with strong tobacco retailer licensing ordinances shows that the youth sales rate declined in twelve of the thirteen communities, with an average decrease of 68% in the youth sales rate;[7] and A study of the effect of licensing and enforcement methods used in the Philadelphia area revealed a decrease in sales to minors from 85% in 1994 to 43% in 1998;[8] and A study of several Minnesota cities found that an increased licensing fee in conjunction with strict enforcement of youth access laws led to a decrease from 39.8% to 4.9% in the number of youth able to purchase tobacco;[9] and
WHEREAS, the implementation of tobacco retailer licensing requirements is supported by most Californians, as evidenced by the following: • •
Statewide, over 80% of California adults think tobacco retailers should be licensed;[10]and Similarly, in rural areas in California, 78% of adults think tobacco retailers should
SECTION 4. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Union City hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney [1] US Department of Health and Human Services, Centers for Disease Control and Prevention. Morbidity and Mortality Weekly Report: Annual Smoking - Attributable Mortality, Years of Potential Life Lost, and Productivity Losses - United States 19972001. 2005, 54(25): p. 625-628. Available at: www.cdc.gov/mmwr/preview/mmwrhtml/ mm5425a1.htm. [2] World Health Organization. World Health Statistics 2007, Part 1: Ten Statistical Highlights in Global Public Health. 2007, p. 12. Available at: www.who.int/whosis/ whostat2007_10highlights.pdf. [3] Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Office of Applied Studies. Results from the 2004 National Survey on Drug Use and Health: National Findings. 2005. Available at: http://oas.samhsa.gov/NSDUH/ 2k4nsduh/2k4Results/2k4Results.pdf. [4] Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Office of Applied Studies. 2003 National Survey on Drug Use and Health: Results. 2003. Available at: www.oas.samhsa.gov/ nhsda/2k3nsduh/2k3Results.htm#ch5. [5] US Department of Health and Human Services, Centers for Disease Control and Prevention. Morbidity and Mortality Weekly Report: Tobacco Use, Access & Exposure to Tobacco Among Middle & High School Students, U.S., 2004. 2005, 54: p. 297-301. Available at: www.cdc.gov/mmwr/preview/ mmwrhtml/mm5412a1.htm. [6] Healton C, Farrelly MC, Weitzenkamp D, et al. “Youth Smoking Prevention and Tobacco Industry Revenue.” Tobacco Control, 15: 103-106, 2006. Available at: http: //tobaccocontrol.bmj.com/cgi/content/full/15/ 2/103. [7] American Lung Association of California, Center for Tobacco Policy and Organizing. Tobacco Retail Licensing is Effective. 2007. Available at: www.center4tobaccopolicy.org/ _files/_files/5377_Tobacco%20Retailer%20L icensing%20is%20Effective%20October%20 2007.pdf. [8] Ma GX, Shive S and Tracy M. “The Effects of Licensing and Inspection Enforcement to Reduce Tobacco Sales to Minors in Greater Philadelphia, 1994-1998.” Addictive Behaviors, 26(5): 677-87, 2001. Abstract available at: www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd =Retrieve&db=PubMed&list_uids=11676378& dopt=Abstract. [9] Forster JL et al. “The Effects of Community Policies to Reduce Youth Access to Tobacco.” American Journal of Public Health, 88(8): 1193-1197, 1998. Available at: www.ajph.org/ cgi/reprint/88/8/1193. [10] California Department of Health Services, Tobacco Control Section. California Tobacco Control Update. 2004. Available at: http: //dhs.ca.gov/tobacco/documents/pubs/ 2004TCSupdate.pdf. [11] American Lung Association of California, Center for Tobacco Policy and Organizing. Survey of California Rural and Small Town Voters About Local Tobacco Retail Licensing Ordinances. 2008. Available at: www.center 4tobaccopolicy.org/_files/_files/Rural_Poll_ Summary_of_Findings_Final_5-21-08.pdf. [12] California Department of Health Services, Tobacco Control Section. Final Report, Independent Evaluation of the California Tobacco Control Prevention & Education Program: Waves 1, 2, and 3 (1996-2000). 2003. Available at: www.dhs.ca.gov/tobacco/ documents/pubs/WavesComplete.pdf. [13] Id. [14] American Nonsmokers’ Rights Foundation. California Municipalities With Ordinances Restricting Youth Access To Tobacco. 2010. Available at: http://www.phlpnet.org/tobaccocontrol/products/ANRF-list [15] California Department of Health Services, Tobacco Control Section. Youth Purchase Survey, 2007: Percent of Retailers Selling Tobacco to Youth by Store Type. 2007 (graph on file with TALC). [16] Id. [17] California Department of Health Services, Tobacco Control Section. Final Report, Tobacco Control Successes in California: A Focus on Young People, Results from the California Tobacco Surveys, 1990-2002. 2003, p. 11-12. Available at: www.dhs.ca.gov/ tobacco/documents/eval/2003CTSReport.pdf. [18] Campaign for Tobacco-Free Kids. Tobacco Company Marketing to College Students Since the Multistate Settlement Agreement was Signed. March 21, 2001. Available at: www.tobaccofreekids.org/ research/factsheets/pdf/0135.pdf. [19] Id. [20] Sepe E et al. “Smooth Moves: Bar and Nightclub Tobacco Promotions that Target Young Adults.” American Journal of Public Health, 92: 414, 2002. [21] Katz SK and Lavack AM. “Tobacco Related Bar Promotions: Insights from Tobacco Industry Documents.” Tobacco Control, 11: 92-93, 2002. [22] Id. at 99. [23] Reynolds RJ. Evaluation of RJR Sampling Experience. RJR Document, May 3, 1979 (Bates No. 503537286-7287). Available at: http: //legacy.library.ucsf.edu/cgi/getdoc?tid=nlz85d 00&fmt=pdf&ref=results. [24] Reynolds RJ. Marketing Research Report: Camel Light Sample Penetration Mass Versus Retail Sampling. RJR Document, Aug. 25, 1978 (Bates No. 505630295-0302). Available at: http: //legacy.library.ucsf.edu/cgi/getdoc?tid=ifd15d 00&fmt=pdf&ref=results. [25] California Department of Health Services, Tobacco Control Section. Final Report - The California Tobacco Control Program: A Decade of Progress, Results from the California Tobacco Survey1990-1999. 2001, p. 8-9. Available at: http://ssdc.ucsd.edu/ssdc/ pdf/1999_Final_Report.pdf. [26] Cal. Health & Safety Code § 118950. [27] Id. [28] 21 U.S.C. § 387p(a)(1) (2009). 11/30/10 CNS-1996160# ORDINANCE NO. 740-10 AN ORDINANCE OF THE CITY OF UNION CITY REPLACING CHAPTER 7.13 OF THE MUNICIPAL CODE TO REGULATE SMOKING INDOORS, OUTDOORS, AND IN MULTI-UNIT HOUSING THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS: SECTION I. The City Council of the City of Union City hereby finds and declares as follows: WHEREAS, tobacco use causes death and disease and continues to be an urgent public health challenge, as evidenced by the following: • Tobacco-related illness is the leading cause of preventable death in the United States,[1] accounting for about 443,000 deaths each year;[2] and • Scientific studies have concluded that tobacco use can cause chronic lung disease, coronary heart disease, and stroke, in addition to cancer of the lungs, larynx, esophagus, and mouth;[3] and WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following: • The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke;[4] and • The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure;[5] and • The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm;[6] and WHEREAS, exposure to secondhand smoke causes death and disease, as evidenced by the following: • Secondhand smoke is responsible for as many as 73,000 deaths among
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PUBLIC NOTICES •
nonsmokers each year in the United States;[7] and Exposure to secondhand smoke increases the risk of coronary heart disease by approximately thirty percent;[8] and
WHEREAS, the U.S. Food and Drug Administration conducted laboratory analysis of electronic cigarette samples and found they contained carcinogens and toxic chemicals to which users and bystanders could potentially be exposed;[9] and WHEREAS, tobacco use and exposure to secondhand smoke impose great social and economic costs, as evidenced by the following: • From 2001-2004, the average annual health care expenditures attributable to smoking were approximately $96 billion;[10] and • The medical and other costs to nonsmokers due to exposure to secondhand smoke were estimated at over $10 billion per year in the United States in 2005;[11] and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke does occur at significant levels outdoors, as evidenced by the following: • Levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of smokers;[12] and • Irritation from secondhand smoke begins at levels as low as 4 micrograms per cubic meter, and in some outdoor situations this level can be found as far away as 13 feet from the burning cigarette;[13] and • To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 25 feet away from the source of the smoke, about the width of a two lane road;[14] and WHEREAS, nonsmokers who live in multiunit dwellings can be exposed to neighbors' secondhand smoke, as evidenced by the following: Secondhand smoke can seep under doorways and through wall cracks;[15] and • Persons living in apartments near smokers can be exposed to elevated pollution levels for 24 hours a day, and at times, the particulate matter exposure can exceed the U.S. Environmental Protection Agency's 24-Hour Health Based Standard;[16] and • The Surgeon General has concluded that eliminating smoking in indoor spaces is the only way to fully protect nonsmokers from secondhand smoke exposure and that separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely prevent secondhand smoke exposure;[17] and WHEREAS, smoking is the primary cause of fire-related injuries and deaths in the home, as evidenced by the following: • Cigarettes, cigars, pipes and other smoking materials are the leading cause of fire deaths in the United States,[18] causing an estimated 142,900 smoking-related fires, 780 deaths, 1,600 injuries, and $606 million in direct property damage in 2006;[19] and • One in four fatalities from home fires caused by smoking is NOT the smoker whose cigarette started the fire, and 25% of those deaths were of neighbors or friends of the smoker;[20] and Smoking in a residence where long-term oxygen therapy takes place is very dangerous as oxygen is a fire accelerant, and 27% of fatalities due to smoking during long-term oxygen therapy occurred in multifamily dwellings;[21] and • The United States Fire Administration recommends that people smoke outdoors;[22] and WHEREAS, cigarette butts are a major and persistent source of litter, as evidenced by the following: • It is estimated that over two billion cigarette butts are discarded every day worldwide, and that Americans alone discard more than 175 million pounds of cigarette butts every year;[23] and Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm drains that flow into streams, rivers, bays, lagoons and ultimately the ocean;[24] and • Cigarette filters, made of plastic cellulose acetate, take approximately 15 years to decompose;[25] and WHEREAS, creating smokefree areas helps protect the health of the 86.7% of Californians who are nonsmokers;[26] and WHEREAS, most Californians do not smoke and a majority favor limitations on smoking indoors, outdoors, and in multi-unit residences, as evidenced by the following: • A 2008 survey of California voters found that 75% thought that secondhand smoke is harmful, 64% were bothered by secondhand smoke, and 73% support laws restricting smoking in outdoor public places;[27] and • 74% of Californians surveyed approve of apartment complexes requiring at least half of rental units be nonsmoking;[28] and • 69% of Californians surveyed favor limiting smoking in outdoor common areas of apartment buildings and 78% support laws that create nonsmoking units;[29] and • 62% of California renters feel that there is a need for laws to limit smoking in apartments;[30] and WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions;[31] and state law prohibits smoking within 20 feet of entryways and operable windows of government buildings;[32] and WHEREAS, California law prohibits smoking in virtually all indoor places of employment reflecting the state policy to protect against the dangers of exposure to secondhand smoke;[33] and WHEREAS, a local ordinance that authorizes residential rental agreements to include a prohibition on smoking of tobacco products within rental units is not prohibited by California law;[34] and WHEREAS, there is no Constitutional right to smoke.[35] NOW, THEREFORE, it is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users, especially children; by protecting nonsmokers from exposure to secondhand smoke where they live, work, and play; and by affirming and promoting a healthy environment in the City. SECTION 2. Chapter 7.13 of the Municipal Code is hereby repealed and replaced with the text in Exhibit A, attached hereto and made a part hereof by this reference, a copy of which is on file in the office of the City Clerk. SECTION 3. The proposed Municipal Code Text Amendment has been deemed exempt from CEQA, subject to Sections 15061(b)(3). No further environmental review is required. SECTION 4. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. SECTION 5. It is the intent of the City Council of the City of Union City to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Union City hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof independently, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote:
AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney [1]
US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation's Leading Cause of Preventable Death. 2008, p. 2. Available at: www.cdc.gov/nccdphp/ publications/aag/pdf/osh.pdf. [2] US Department of Health and Human Services, Centers for Disease Control and Prevention. “Smoking-Attributable Mortality, Years of Potential Life Lost, and Productivity Losses — United States, 2000-2004.” Morbidity and Mortality Weekly Report, 57(45): 1226-1228, 2008. Available at: www.cdc.gov/ mmwr/preview/mmwrhtml/mm5745a3.htm. [3] US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation's Leading Cause of Preventable Death. 2008, p. 2. Available at: www.cdc.gov/nccdphp/ publications/aag/pdf/osh.pdf. [4] US Department of Health and Human Services, Office of the Surgeon General. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. 2007. Report highlights available at: www.surgeongeneral.gov/ library/secondhandsmoke/factsheets/ factsheet7.html. [5] Resolution 06-01, Cal. Air Resources Bd. (2006) at 5. Available at: www.arb.ca.gov/ regact/ets2006/res0601.pdf; See California Environmental Protection Agency, Air Resources Board. News Release, California Identifies Secondhand Smoke as a “Toxic Air Contaminant.” Jan. 26, 2006. Available at: www.arb.ca.gov/newsrel/nr012606.htm. [6] California Environmental Protection Agency, Office of Environmental Health Hazard Assessment. Chemicals Known to the State to Cause Cancer or Reproductive Toxicity. 2006, p. 8 & 17. Available at: www.oehha.ca.gov/ prop65/prop65_list/files/P65single081106.pdf. [7] US Department of Health and Human Services, Centers for Disease Control and Prevention. Fact Sheet – Secondhand Smoke. 2006. Available at: www.cdc.gov/tobacco/ data_statistics/fact_sheets/secondhand_ smoke/general_facts/index.htm. [8] Barnoya J and Glantz S. “Cardiovascular Effects of Secondhand Smoke: Nearly as Large as Smoking.” Circulation, 111: 2684-2698, 2005. Available at: www.circ.ahajournals.org/ cgi/content/full/111/20/2684. [9] US Food and Drug Administration. News Release, FDA and Public Health Experts Warn About Electronic Cigarettes. 2009. Available at: www.fda.gov/NewsEvents/Newsroom/ PressAnnouncements/ucm173222.htm. [10] Centers for Disease Control and Prevention. News Release, Slightly Lower Adult Smoking Rates. 2008. Available at: www.cdc.gov/media/ pressrel/2008/r081113.htm. [11] Behan DF, Eriksen MP and Lin, Y. Economic Effects of Environmental Tobacco Smoke. Schaumburg, IL: Society of Actuaries, 2005, p. 2. Available at: www.soa.org/files/pdf/ETSRep ortFinalDraft(Final%203).pdf. [12] Klepeis NE, Ott WR, and Switzer P. RealTime Monitoring of Outdoor Environmental Tobacco Smoke Concentrations: A Pilot Study. San Francisco: University of California, San Francisco and Stanford University, 2004, p. 34, 80. Available at: http://exposurescience.org/ pub/reports/Outdoor_ETS_Final.pdf; See also Klepeis NE, Ott WR and Switzer P. “RealTime Measurement of Outdoor Tobacco Smoke Particles.” Journal of Air and Waste Management Association, 57: 522-534, 2007. Available at: www.ashaust.org.au/pdfs/ OutdoorSHS0705.pdf. [13] Junker MH, Danuser B, Monn C, et al. “Acute Sensory Responses of Nonsmokers at Very Low Environmental Tobacco Smoke Concentrations in Controlled Laboratory Settings.” Environmental Health Perspectives, 109(10): 1046-1052, 2001. Available at: www.pu bmedcentral.nih.gov/picrender.fcgi?artid=124 2082&blobtype=pdf; Repace JL. “Benefits of Smoke-Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in Motor Vehicles.” William Mitchell Law Review, 34(4): 1621-1638, 2008. Available at: http: //tobacco.health.usyd.edu.au/site/supersite/ contact/pdfs/WilliamMitchellRepace.pdf. [14] Repace JL. “Benefits of Smoke-Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in Motor Vehicles.” William Mitchell Law Review, 34(4): 1621-1638, 2008. Available at: http://tobacco.h ealth.usyd.edu.au/site/supersite/contact/pdfs/ WilliamMitchellRepace.pdf. [15] Wagner J, Sullivan DP, Faulkner D, et al. “Environmental Tobacco Smoke Leakage from Smoking Rooms.” Journal of Occupational and Environmental Hygiene, 1: 110-118, 2004. Available at: http://eetd.lbl.gov/IEP/pdf/LBNL51010.pdf. [16] Klepeis N. Measuring the Seepage of Tobacco Smoke Particles Between Apartment Units. California's Clean Air Project, 2008. Available at: http://ccap.etr.org/base/ documents/Measuring_the_Seepage.pdf. [17] US Department of Health and Human Services, Office of the Surgeon General. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. 2006, p. 11. Available at: www.cdc.gov/tobacco/data_statistics/sgr/ sgr_2006/index.htm#full. [18] Leistikow B, Martin DC and Milano CE. “Fire Injuries, Disasters, and Costs from Cigarettes and Cigarette Lights: A Global Overview.” Preventive Medicine, 31: 91-99, 2000. Available at:http://leistikow.ucdavis.edu/ SmokingFires.pdf. [19] Hall JR. U.S. Smoking-Material Fire Problem. Quincy, MA: National Fire Protection Association, 2008, p. vii. Available at: www.nfpa.org/assets/files/ /PDF/OS.Smoking.pdf. (Factsheet available at: www.nfpa.org/assets/files//PDF/ smokingfactsheet.pdf.) [20] Hall JR, Ahrens M, Rohr K, et al. Behavioral Mitigation of Smoking Fires Through Strategies Based on Statistical Analysis. US Department of Homeland Security, 2006, p. 17. Available at: www.usfa.dhs.gov/downloads/ pdf/publications/fa-302-508.pdf. [21] US Department of Health and Human Services, Centers for Disease Control and Prevention. “Fatal Fires Associated with Smoking During Long-Term Oxygen Therapy – Maine, Massachusetts, New Hampshire, and Oklahoma, 2000 – 2007.” Morbidity and Mortality Weekly Report, 57(31): 852-854, 2008. Available at: www.cdc.gov/mmwr/ preview/mmwrhtml/mm5731a3.htm?s_ cid=mm5731a3_e. [22] Hall JR, Ahrens M, Rohr K, et al. Behavioral Mitigation of Smoking Fires Through Strategies Based on Statistical Analysis. US Department of Homeland Security, 2006, p. 19. Available at: www.usfa.dhs.gov/downloads/ pdf/publications/fa-302-508.pdf. [23] Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/ hotyb.php. [24] Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/ hotyb.php. [25] Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/ hotyb.php. [26] Hong M, Barnes RL and Glantz SA. Tobacco Control in California 2003-2007: Missed Opportunities. San Francisco: Center for Tobacco Control Research and Education, 2007, p. 9. Available at: http: //repositories.cdlib.org/cgi/viewcontent.cgi?ar ticle=1074&context=ctcre. [27] Goodwin Simon Victoria Research. Study of California Voters’ Attitudes About Secondhand Smoke Exposure. Sacramento: Center for Tobacco Policy & Organizing, 2008, p. 1-3. Available at: www.center4tobaccopolicy.org/ _files/_files/Results%20of%20SHS%20Poll%2 0November%202008.pdf. [28] Goodwin Simon Victoria Research. Study of California Voters’ Attitudes About Secondhand Smoke Exposure. 2008. Available at: www.cen ter4tobaccopolicy.org/_files/_files/Results%20 of%20SHS%20Poll%20November%202008.pdf (Statewide poll of 600 California voters, conducted November 2008). [29] Goodwin Simon Victoria Research. Study of California Voters’ Attitudes About Secondhand Smoke Exposure..2008. Available at: www.cen ter4tobaccopolicy.org/_files/_files/Results%20 of%20SHS%20Poll%20November%202008.pdf (Statewide poll of 600 California voters, conducted November 2008). [30] American Lung Association of California, Center for Tobacco Policy and Organizing. Statewide Apartment Renter Study. 2004. Available at: www.center4tobaccopolicy.org/ _files/_files/5242_Center%20Renter%20Surve y%20Results%20May%202004.pdf (A survey of apartment residents throughout California). [31] Cal. Health & Safety Code § 104495 (West 2008). [32] Cal. Gov’t Code § 7597 (West 2008). [33] Cal. Lab. Code § 6404.5 (West 2009). [34] Cal. Legislative Counsel Op., 21547, Secondhand Smoke in Multi-Unit Housing
(Apartments & Condos) Smoking Bans: Residential Rental Property, (September 23, 1999). Highlights available at: www.respectala.org/drift_samsmokingbans.htm. [35] Public Health Law & Policy, Technical Assistance Legal Center. There Is No Constitutional Right to Smoke. 2005. Available at:http://talc.phlaw.org/pdf_files/0051.pdf. 11/30/10 CNS-1996156# ORDINANCE NO. 739-10 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING ZONING TEXT AMENDMENT, AT-01-08, TO MODIFY CHAPTER 18.38, STATION MIXED USE COMMERCIAL (11TH STREET MIXED USE DEVELOPMENT PROJECT, BARRY SWENSON BUILDER) THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS: SECTION 1.The Zoning Text Amendments, as set forth in attached Exhibit A, a copy of which is on file in the office of the City Clerk, will include the following modifications to Chapter 18.38, Station Mixed-Use Commercial: • Remove duplicative term “governmental office” in Section18.38.020; and • Revise Section 18.38.070 to increase maximum allowed residential density from 80 to 165 units per acre to be consistent with the revised General Plan wording and update site area accordingly; and • Revise Section 18.38.140 to increase in allowed height from 8 to 14 stories and from 100 feet to 160 feet; and • Revise Section 18.38.150 to allow for glass fiber reinforced concrete (GFRC) with integral color as a building material; and • Revise Section 18.38.210 to allow for flexibility in loading berths requirements; and • Revise Section 18.38.240 to clarify that land uses must be consistent with General Plan; and • Revise Section 18.38.250 to allow for flexibility in residential storage requirements. SECTION 2. A red-lined copy of the proposed amendments to Chapter 18.38, as set forth in attached Exhibit B, is also on file in the office of the City Clerk. SECTION 3. The proposed Ordinance will accommodate the 11th Street Mixed Use Development Project (AG-01-08, SD-01-08 and UP-03-08) and provide future flexibility for higher density developments. SECTION 4. The City prepared a Draft EIR dated August 2010, (SCH No. 2008042091) which reflected the independent judgment of the City as to the potential environmental effects of the 11th Street Mixed Use Development Project. The City also prepared a Final EIR dated October 2010. The Draft and Final EIRs reflect the City's independent judgment and analysis on the potential for environmental impacts and constitute the Environmental Impact Report for the Project, which includes the proposed Zoning Text Amendments. SECTION 5. An Environmental Impact Report was certified by the City Council on November 9, 2010, by Resolution No. 4072-10 and which Resolution is incorporated herein by reference. SECTION 6. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on November 23, 2010, by the following vote: AYES: Councilmembers Dutra-Vernaci, Fernandez, and Navarro, Vice Mayor Valle, Mayor Green NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Mark Green MARK GREEN, Mayor ATTEST: /s/ Renee Elliott RENEE ELLIOTT, City Clerk APPROVED AS TO FORM: /s/ Benjamin T. Reyes II BENJAMIN T. REYES II, City Attorney 11/30/10 CNS-1996151# NOTICE TO CONTRACTORS Sealed bids will be received in the Office of Purchasing Services, 3300 Capitol Ave., Bldg B, Fremont, California, up to the hour of 2:00 P.M. on Tuesday, December 7, 2010 , at which time they will be opened and read out loud in said building for: CITYWIDE BICYCLE FACILITIES IMPROVEMENTS, CITY PROJECT NO. 8687 (PWC) Plans, special provisions and standard proposal forms to be used for bidding on this project can be obtained for a non-refundable fee at Peninsula Digital at 44846 Osgood Road, Fremont, CA 94539 or 599 Fairchild Drive, Mountain View, CA 94043, or through Planwell at www.peninsu ladigital.com, Phone (510) 490-7411, Fax (510) 657-7248. No partial sets will be issued, cost is non-refundable. Call to confirm availability of copies before coming to pick up documents. For more information on this project, contact the City of Fremont Purchasing Department at (510) 494-4620. CORINA CAMPBELL PURCHASING MANAGER CITY OF FREMONT 11/23, 11/30/10 CNS-1991324#
PROBATE NOTICE OF PETITION TO ADMINISTER ESTATE OF ROXANNA SALINAS CASE NO. RP10544108 To all heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, or both, of: Roxanna Salinas A PETITION FOR PROBATE has been filed by Lorina G. Salinas in the Superior Court of California, County of Alameda. THE PETITION FOR PROBATE requests that Lorina G. Salinas be appointed as personal representative to administer the estate of the decedent. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This authority will allow the personal representative to take many actions without obtaining court approval. Before taking certain very important actions, however, the personal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority. A HEARING on the petition will be held on December 21, 2010 at 9:30 AM in Dept. 201 located at 2120 Martin Luther King, Jr. Way, Berkeley, CA 94704. IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within four months from the date of first issuance of letters as provided in Probate Code section 9100. The time for filing claims will not expire before four months from the hearing date noticed above. YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a formal Request for Special Notice (DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section 1250. A Request for Special Notice form is available from the court clerk. Attorney for Petitioner: Ronald G. Peck, Schenone & Peck, 1260 B Street, Suite 350, Hayward, CA 94541, Telephone: 510-581-6611 11/30, 12/3, 12/10/10 CNS-1995250# NOTICE OF PETITION TO ADMINISTER ESTATE OF STEVE CHAO, AKA SICK SHEN CHAO CASE NO. FP10530684
To all heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, or both, of: Steve Chau, aka Sick Shen Chao A PETITION FOR PROBATE has been filed by Mei Juan Hu aka Merry Hu Chao in the Superior Court of California, County of Alameda. THE PETITION FOR PROBATE requests that Mei Juan Hu, aka Merry Hu Chao be appointed as personal representative to administer the estate of the decedent. A HEARING on the petition will be held on December 17, 2010 at 9:30 a.m. in Dept. 201 located at 2120 Martin Luther King Jr. Way, Berkeley, CA 94704. IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within four months from the date of first issuance of letters as provided in Probate Code section 9100. The time for filing claims will not expire before four months from the hearing date noticed above. YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a formal Request for Special Notice (DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section 1250. A Request for Special Notice form is available from the court clerk. Attorney for Petitioner: Vivian Lu, 35485B Dumbarton Court, Newark, CA 94560, Telephone: 510-494-1188 11/26, 11/30, 12/7/10 CNS-1993608#
PUBLIC AUCTION/SALES NOTICE OF LIEN SALE AT PUBLIC AUCTION Notice is hereby given that personal property in the following units will be sold at public auction: on the 17th DAY OFDecember 2010at or after 12:00 pmpursuant to the California Self-Storage Facility Act. The sale will be conducted at: Thornton U-Haul, 4833 Thornton Ave. Fremont, CA 94536. The items to be sold are generally described as follows: clothing, furniture, and / or other household items stored by the following people: Name Unit # Paid Through Date Adam Rollins B294 9/30/2010 Frederick Virger B314 8/14/2010 Phillip Steck C129 10/11/2010 David Diaz C141 9/16/2010 Cicely Wright C222 10/1/2010 11/30, 12/7/10 CNS-1995877#
TRUSTEE SALES NOTICE OF TRUSTEE'S SALE TS # CA-10382532-VF Order # 100511648-CA-GTI YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 3/16/2009. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appointed trustee. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): ALFREDO MARTINEZ, JR., AN UNMARRIED MAN Recorded: 3/24/2009 as Instrument No. 2009085147 in book -, page - of Official Records in the office of the Recorder of ALAMEDA County, California; Date of Sale: 12/20/2010 at 12:30 PM Place of Sale: At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, CA 94612 Amount of unpaid balance and other charges: $236,688.67 The purported property address is: 5852 BIDDLE AVENUE NEWARK, CA 94560 Assessors Parcel No. 092A-0779-051-00 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to Bank of America 475 Crosspoint Parkway Getzville NY 14068. Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has not obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.55 . If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's Attorney. Date: 11/29/2010 Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 714-730-2727 or Login to: www.fidelityasap.com Reinstatement Line: 619-645-7711 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder's rights against the real property only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. ASAP# 3800187 11/30/2010, 12/07/2010, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1996492# NOTICE OF TRUSTEE'S SALE TS #: CA-10383059-AL Order #: 100514927-CA-GTO YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 10/26/2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appointed trustee. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): OAHN V. TRAN , A MARRIED WOMAN AND KENNY HWA , AN UNMARRIED MAN Recorded: 11/2/2005 as Instrument No. 2005472774 in book - , page - of Official Records in the office of the Recorder of ALAMEDA County, California; Date of Sale: 12/27/2010 at 12:30 PM Place of Sale: At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, CA 94612 Amount of unpaid balance and other charges: $261,229.06 The purported property address is: 235 ENTRADA PLAZA UNION CITY, CA 94587 Assessor's Parcel No. 087-0033-124 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location.
In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to JPMorgan Chase Bank, N.A. 7301 Baymeadows Way Jacksonville FL 32256 Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 . If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's Attorney. Date: Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 714-730-2727 or Login to: www.fidelityasap.com Reinstatement Line: 619-645-7711 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right's against the real property only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. ASAP# 3804148 11/30/2010, 12/07/2010, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1996486# NOTICE OF TRUSTEE'S SALE TS #: CA10-381515-VF Order #: 556052 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 1/20/2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appointed trustee. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): DEBORAH J LOELOFF, AND BURTON A LOELOFF, WIFE AND HUSBAND AS JOINT TENANTS Recorded: 1/26/2005 as Instrument No. 2005031398 in book XXX, page XXX of Official Records in the office of the Recorder of ALAMEDA County, California; Date of Sale: 1/3/2011 at 12:30 PM Place of Sale: At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, CA 94612 Amount of unpaid balance and other charges: $360,629.36 The purported property address is: 2628 GREAT ARBOR WAY UNION CITY, CA 94587 Assessor's Parcel No. 475-0176-067-00 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to Bank of America 475 Crosspoint Parkway Getzville NY 14068. Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has not obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.55 . If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's Attorney. Date: Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 714-730-2727 or Login to: www.fidelityasap.com Reinstatement Line: 619645-7711 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders rights' against the real property only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. ASAP# 3803521 11/30/2010, 12/07/2010, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1996446# NOTICE OF TRUSTEE'S SALE TS # CA-10382555-VF Order # 100511659-CA-GTI YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 1/22/2008. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appointed trustee. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): VILMA A. TAPIA , AN UNMARRIED PERSON Recorded: 2/21/2008 as Instrument No. 2008062685 in book xxx, page xxx of Official Records in the office of the Recorder of ALAMEDA County, California; Date of Sale: 12/20/2010 at 12:30 PM Place of Sale: At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, CA 94612 Amount of unpaid balance and other charges: $453,813.59 The purported property address is: 3172 SAN GABRIEL WAY UNION CITY, CA 94587 Assessors Parcel No. 483-0042-092-00 483-0042-092 483 004209200 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to Bank of America 475 Crosspoint Parkway Getzville NY 14068. Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has not obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.55 . If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's Attorney. Date: 11/29/2010
November 30, 2010
WHAT’S HAPPENING’S TRI-CITY VOICE
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PUBLIC NOTICES Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 714-730-2727 or Login to: www.fidelityasap.com Reinstatement Line: 619-645-7711 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder's rights against the real property only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. ASAP# 3800192 11/30/2010, 12/07/2010, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1996393# NOTICE OF TRUSTEE'S SALE Trustee Sale No. : 20100015008426 Title Order No.: 100511344 FHA/VA/PMI No.: YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 07/20/2004. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NDEX WEST, LLC, as duly appointed Trustee under and pursuant to Deed of Trust Recorded on 07/26/2004 as Instrument No. 2004339617 of official records in the office of the County Recorder of ALAMEDA County, State of CALIFORNIA. EXECUTED BY: LOURDES S YAP, WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER'S CHECK/CASH EQUIVALENT or other form of payment authorized by 2924h(b), (payable at time of sale in lawful money of the United States). DATE OF SALE: 12/20/2010 TIME OF SALE: 12:30 PM PLACE OF SALE: AT THE FALLON STREET ENTRANCE TO THE COUNTY COURTHOUSE, 1225 FALLON STREET, OAKLAND, CA. STREET ADDRESS and other common designation, if any, of the real property described above is purported to be: 6106 CIVIC TERRACE AVENUE #A, NEWARK, CALIFORNIA 94560 APN#: 092A-1045-136 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 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, under the terms of said Deed of Trust, 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 Sale is $272,995.41. The beneficiary 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. NDEx West, L.L.C. MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FOR TRUSTEE SALE INFORMATION PLEASE CALL: AGENCY SALES & POSTING 3210 EL CAMINO REAL, SUITE 200 IRVINE, CA 92602 714-730-2727 www.lpsasap.com NDEx West, L.L.C. as Trustee Dated: 11/27/2010 ASAP# 3814116 11/30/2010, 12/07/2010, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1996383# NOTICE OF TRUSTEE'S SALE Trustee Sale No. : 20100169806127 Title Order No.: 100329938 FHA/VA/PMI No.: YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 10/11/2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NDEX WEST, LLC, as duly appointed Trustee under and pursuant to Deed of Trust Recorded on 10/25/2005 as Instrument No. 2005459381 of official records in the office of the County Recorder of ALAMEDA County, State of CALIFORNIA. EXECUTED BY: JOHN G. GRAY AND SANDRA G. FLORES AND MARY GARY, WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER'S CHECK/CASH EQUIVALENT or other form of payment authorized by 2924h(b), (payable at time of sale in lawful money of the United States). DATE OF SALE: 12/20/2010 TIME OF SALE: 12:30 PM PLACE OF SALE: AT THE FALLON STREET ENTRANCE TO THE COUNTY COURTHOUSE, 1225 FALLON STREET, OAKLAND, CA. STREET ADDRESS and other common designation, if any, of the real property described above is purported to be: 6105 CASTILLON DRIVE, NEWARK, CALIFORNIA 94560 APN#: 92A-616-49 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 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, under the terms of said Deed of Trust, 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 Sale is $528,808.37. The beneficiary 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. FOR TRUSTEE SALE INFORMATION PLEASE CALL: AGENCY SALES & POSTING 3210 EL CAMINO REAL, SUITE 200 IRVINE, CA 92602 714-730-2727 www.lpsasap.com NDEx West, L.L.C. as Trustee Dated: 11/26/2010 NDEx West, L.L.C. MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NDEx West, L.L.C. 15000 Surveyor Boulevard, Suite 500 Addison, Texas 75001-9013 Telephone: (866) 795-1852 Telecopier: (972) 661-7800 ASAP# 3813263 11/ 30/2010, 12/07/2010, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1996376# NOTICE OF TRUSTEE'S SALE TS No. 100099304 Title Order No. 10-8-386714 Investor/ Insurer No. 1703419178 APN No. 901-0193-074 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 02/27/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER." Notice is hereby given that RECONTRUST COMPANY, N.A., as duly appointed trustee pursuant to the Deed of Trust executed by LEW E WADE, AN UNMARRIED MAN AND BRYAN M WADE, AN UNMARRIED MAN AS JOINT TENANTS, dated 02/27/2007 and recorded 03/02/07, as Instrument No. 2007091373, in Book , Page ), of Official Records in the office of the County Recorder of Alameda County, State of California, will sell on 12/28/2010 at 12:30PM, At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, CA 94612 at public auction, to the highest bidder for cash or check as described below, payable in full at time of sale, 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 and as more fully described in the above referenced Deed of Trust. The street address and other common designation, if any, of the real property described above is purported to be: 6362 BUENA VISTA DRIVE, UNIT B, NEWARK, CA, 94560. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The total amount of the unpaid balance with interest thereon of the obligation secured by the property to be sold plus reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $418,481.86. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. In addition to cash, the Trustee will accept cashier's checks 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 specified in Section 5102 of the Financial Code and authorized to do business in this state. Said sale will be made, in an ''AS IS'' condition, but without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the indebtedness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. DATED: 11/27/2010 RECONTRUST COMPANY, N.A. 1800 Tapo Canyon Rd., CA6-914-01-94 SIMI VALLEY, CA 93063 Phone: (800) 281 8219, Sale Information (626) 927-4399 By: Trustee's Sale Officer RECONTRUST COMPANY, N.A. is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. ASAP# FNMA3807990 11/30/2010, 12/07/2010, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1996374#
Trustee Sale No. 441924CA Loan No. 3013752062 Title Order No. 392049 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 5/8/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, 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 12/21/2010 at 12:00 PM CALIFORNIA RECONVEYANCE COMPANY as the duly appointed Trustee under and pursuant to Deed of Trust Recorded 05/15/ 2007, Book , Page , Instrument 2007186754 of official records in the Office of the Recorder of Alameda County, California, executed by: Roberto S Herrera and, Jeanine S Herrera, husband and wife as community property, as Trustor, Washington Mutual Bank, FA, as Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier’s check drawn by a state or national bank, a cashier’s check drawn by a state or federal credit union, or a cashier’s check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to the Deed of Trust. The 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 the Deed of Trust, interest thereon, estimated fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Place of Sale: At the Fallon St emergency exit to the Alameda County Courthouse, 1225 Fallon St. Oakland, CA Legal Description: As more fully described in said Deed of Trust Amount of unpaid balance and other charges: $389,236.32 (estimated) Street address and other common designation of the real property: 4005 Malva Terrace, Fremont, CA 94536 APN Number: 543-0394-13800 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The property heretofore described is being sold “as is”. In compliance with California Civil Code 2923.5(c) the mortgagee, trustee, beneficiary, or authorized agent declares: that it has contacted the borrower(s) to assess their financial situation and to explore options to avoid foreclosure; or that it has made efforts to contact the borrower(s) to assess their financial situation and to explore options to avoid foreclosure by one of the following methods: by telephone; by United States mail; either 1st class or certified; by overnight delivery; by personal delivery; by e-mail; by face to face meeting. Date: 11/24/2010 See attached Exhibit Exhibit Declaration Pursuant to California Civil Code Section 2923.54 Pursuant to California Civil Code Section 2923.54, the undersigned loan servicer declares as follows: 1. It has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.54 that is current and valid on the date the notice of sale is filed; and 2. The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or Section 2923.55. JPMorgan Chase Bank, National Association Name: Ann Thorn Title: First Vice President California Reconveyance Company, as Trustee (714) 2597850 or www.fidelityasap.com (714) 573-1965 or www.priorityposting.com Deborah Brignac California Reconveyance Company is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Deborah Brignac, Vice President 9200 Oakdale Avenue Mail Stop N110612 Chatsworth, CA 91311 P773953 11/30, 12/7, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1996017# NOTICE OF TRUSTEE'S SALE Trustee Sale # CA0854449 Loan# 5100103588 Order # 090608031 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 11/14/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, 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 12/21/2010 at 12:30PM, MTC FINANCIAL INC., dba TRUSTEE CORPS as the duly appointed Substituted Trustee under and pursuant to Deed of Trust Recorded on 11/29/2006 as Document No. 2006438564 of official records in the Office of the Recorder of Alameda County, CALIFORNIA, executed by, BASKARAN SUBBIAH AND UMA SOMASUNDARAM, as Trustor, ASTORIA FEDERAL MORTGAGE CORP., as Beneficiary, 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 cashier's 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 specified in section 5102 of the Financial Code and authorized to do business in this state). AT: AT THE FALLON STREET ENTRANCE OF THE COUNTY COURTHOUSE, 1225 FALLON STREET, OAKLAND,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 # 087-0102-034-00 AS MORE FULLY DESCRIBED ON SAID DEED OF TRUST. The street address and other common designation, if any, of the real property described above is purported to be: 34768 CHESAPEAKE DRIVE, UNION CITY, CA 94587 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 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 Trustee's Sale is: $761,352.63 (estimated amount). Accrued interest and additional advances, if any, will increase this figure prior to sale. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. The Beneficiary 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 2924f: The Beneficiary or Beneficiary's agent has indicated that the requirements of California Civil Code Section 2924f have been met. See Exhibit "A" attached hereto and made a part hereof. Compliance with California Civil Code Section 2923.52: 1. Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: X Servicer does hereby state that Servicer has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date of the notice of sale is filed. 2. Timeframe for giving notice of sale specified in subdivision (a) Section 2923.52 ? Does X Does not apply pursuant to section 2923.52 or 2923.55 Dated: 11/30/2010 MTC FINANCIAL INC., DBA TRUSTEE CORPS, as Successor Trustee By: CLARISA GASTELUM, TRUSTEE SALES OFFICER TRUSTEE CORPS 17100 Gillette Ave, Irvine, CA 92614 FOR SALE INFORMATION CONTACT: (714)730-2727, (949) 252-8300 FOR REINSTATEMENT / PAY OFF REQUESTS CONTACT: (949) 252-8300 RPRequests@trusteecorps.com ASAP# 3821499 11/30/2010, 12/07/2010, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1995729# NOTICE OF TRUSTEE'S SALE TS #: CA-10383080-AL Order #: 100515016-CA-GTO YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 4/27/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appointed trustee. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): ELIDA CARRANZA , AN UNMARRIED WOMAN Recorded: 5/11/2007 as Instrument No. 2007184540 in book xxx, page xxx of Official Records in the office of the Recorder of ALAMEDA County, California; Date of Sale: 12/27/2010 at 12:30 PM Place of Sale: At the Fallon Street entrance to the County
Courthouse, 1225 Fallon Street, Oakland, CA 94612 Amount of unpaid balance and other charges: $569,467.09 The purported property address is: 36920 MULBERRY ST NEWARK, CA 94560 Assessor's Parcel No. 092-0029-023 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to JPMorgan Chase Bank, N.A. 7301 Baymeadows Way Jacksonville FL 32256 Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 . If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's Attorney. Date: Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 714-730-2727 or Login to: www.fidelityasap.com Reinstatement Line: 619645-7711 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right's against the real property only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. ASAP# 3804186 11/30/2010, 12/07/2010, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1995394# TS # CA-10-380751-RM Order # 100493142CA-GTI NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 12/9/1998. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier’s check drawn on a state or national bank, check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial Code and authorized to do business in this state, will be held by duly appointed trustee. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): Christopher Hongtu Li, a married man, as his sole and separate property Recorded: 12/18/1998 as Instrument No. 98444216 in book xxx, page xxx of Official Records in the Office of the Recorder of Alameda County, California; Date of Sale: 12/27/2010 at 12: 00 PM Place of Sale: At the Fallon St emergency exit to the Alameda County Courthouse, 1225 Fallon St. Oakland, CA Amount of unpaid balance and other charges: $172,171.87 The purported property address is: 5671 Spry Common Fremont, CA 94538 Assessors Parcel No. 531-0241-204 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to Chase Home Finance LLC 800 Brooksedge Boulevard Westerville OH 43081. Pursuant to California Civil Code §2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [1] The mortgage loan servicer has not obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [2] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.55. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s Attorney. Date: Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 (619) 645-7711 For NON SALE information only Sale Line: (714) 573-1965 or Login to: www.priorityposting.com Reinstatement Line: 619-645-7711 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder’s rights against the real property only. This notice is sent for the purpose of collecting a debt. This firm is attempting to collect a debt on behalf of the holder and owner of the note. Any information obtained by or provided to this firm or the creditor will be used for that purpose. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P773196 11/30, 12/7, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1994430# NOTICE OF TRUSTEE'S SALE APN: 901-0193012 Trustee Sale No. 1295690-10LOAN NO: XXXXXX0654 TRA:11003 REF: DOMINGUEZ, RAUL UNINS Property Address: 6394 BUENA VISTA DRIVE, #B, NEWARK CA 94560 IMPORTANT NOTICE TO PROPERTY OWNER: YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED May 30, 2009. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER On December 13, 2010, at 12: 30pm, CAL-WESTERN RECONVEYANCE CORPORATION, as duly appointed trustee under and pursuant to Deed of Trust recorded June 09, 2009, as Inst. No. 2009181258, in book XX, page XX, of Official Records in the office of the County Recorder of ALAMEDA County, State of CALIFORNIA executed by: RAUL DOMINGUEZ, A SINGLE PERSON WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER'S 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 SPECIFIED IN SECTION 5102 OF THE FINANCIAL CODE AND AUTHORIZED TO DO BUSINESS IN THIS STATE: AT THE FALLON STREET ENTRANCE TO THE COUNTY COURTHOUSE 1225 FALLON STREET OAKLAND CALIFORNIA 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 described as: COMPLETELY DESCRIBED IN SAID DEED OF TRUST The street address and other common designation, if any, of the real property described above is purported to be: 6394 BUENA VISTA DRIVE, #B NEWARK CA 94560 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 held, but without covenant or warranty, express or implied, regarding title, possession, condition, or encumbrances, including fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to pay the remaining principal sums of the note(s) secured 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 Sale is: $288,423.30. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. The beneficiary 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. Regarding the property that is the subject of this notice of sale, the "mortgage loan servicer" as defined in Civil Code 2923.53(k)(3), declares that it has obtained from the Commissioner a final or temporary order of exemption pursuant to Civil Code section 2923.53 and that the exemption is current and valid on the date this notice of sale is recorded. The time frame for giving a notice of sale specified in Civil Code Section 2923.52 subdivision (a) does not apply to this notice of sale pursuant to Civil Code Sections 2923.52. CALIFORNIA DECLARATION I, John Kennerty, of America's Servicing Company ("Mortgage Loan Servicer"), declare under penalty of perjury, under the laws of the State of California, that the following is true and correct: The Mortgage Loan Servicer has obtained from the Commissioner of Corporation a final or temporary order of exemption pursuant to California Civil code Section 2923.53 that is current and valid on the date the accompanying Notice of Sale is filed. AND/OR The timeframe for giving Notice of Sale specified in subdivision (a) of Civil Code Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.55. Dated and Place 07/03/ 2009 FOR SALES INFORMATION: Mon - Fri 9: 00am to 4:00pm (714)730-2727 CAL-WESTERN RECONVEYANCE CORPORATION 525 EAST MAIN STREET P.O. BOX 22004 EL CAJON CA 92022-9004 Dated: November 22, 2010 CALWESTERN RECONVEYANCE CORPORATION By: Authorized Signature ASAP# 3800716 11/23/ 2010, 11/30/2010, 12/07/2010 11/23, 11/30, 12/7/10 CNS-1991965# NOTICE OF TRUSTEE'S SALE TS #: CA-09253095-ED Order #: 090143417-CA-DCI YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 10/26/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appointed trustee. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): RODOLFO HERNANDEZ, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY Recorded: 11/1/2006 as Instrument No. 2006407784 in book -, page - of Official Records in the office of the Recorder of ALAMEDA County, California; Date of Sale: 12/20/2010 at 12:30 PM Place of Sale: At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, CA 94612 Amount of unpaid balance and other charges: $579,100.57 The purported property address is: 34950 ROBERTS ST UNION CITY, CA 94587 Assessor's Parcel No. 087-0006-05100 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to JPMorgan Chase Bank, N.A. 7301 Baymeadows Way Jacksonville FL 32256 Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 . If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's Attorney. Date: 11/22/2010 Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 714-730-2727 or Login to: www.fidelityasap.com Reinstatement Line: 619-645-7711 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right's against the real property only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. ASAP# 3821160 11/23/2010, 11/30/2010, 12/07/2010 11/23, 11/30, 12/7/10 CNS-1991963# Trustee Sale No. 16546CA Loan No. 3003055526 Title Order No. 100504104-CA-MAI NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 5/6/2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, 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 12/21/2010 at 12:00 PM MTDS, Inc., a California Corporation DBA Meridian Trust Deed Service as the duly appointed Trustee under and pursuant to Deed of Trust Recorded 05/13/ 2005, Book , Page , Instrument 2005199186 of official records in the Office of the Recorder of Alameda County, California, executed by: Ricky Barber And Vilma Barber, husband and wife, as joint tenants, as Trustor, First Federal Bank Of California, a federally chartered savings bank, as Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier’s check drawn by a state or national bank, a cashier’s check drawn by a state or federal credit union, or a cashier’s check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant the Deed of Trust. The 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 the Deed of Trust, interest thereon, estimated fees, charges and expenses of the trustee for the amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Place of Sale: At the Fallon St emergency exit to the Alameda County Courthouse, 1225 Fallon St. Oakland, CA Legal Description: As more fully described in said Deed of Trust Amount of unpaid balance and other charges: $374,845.34 The Street address and other common designation of the real property purported as: 5583 Magnolia Terrace, Fremont, CA 94538 APN Number: 531-0040-105-00 See Declaration, as required by California Civil Code Section 2923.54, attached hereto and made a part hereof. California Foreclosure Prevention Act Declaration Of Compliance (California Civil Code § 2923.54(a)) The undersigned mortgage loan servicer hereby declares under penalty of perjury, under the laws of the State of California, as follows: [ ] The mortgage loan servicer has not obtained a final or temporary order of exemption pursuant to Cal. Civ. Code § 2923.53 that is current and valid as of the date that the Notice of Trustee’s Sale was filed or given. Therefore, the mortgage loan servicer has waited an additional 90 days before giving notice of sale as required by Cal. Civ. Code § 2923.52(a). [X] The mortgage loan servicer has obtained a final or temporary order of exemption pursuant to Cal. Civ. Code § 2923.53 that is current and valid as of the date that the Notice of Trustee’s Sale was filed or given. [ ] The timeframe for giving notice of sale specified in Cal. Civ. Code § 2923.52(a) does not apply because: [ ] The loan was not recorded between January 1, 2003 and January 1, 2008. [ ] The loan is not secured by residential real property. [ ] The loan is not secured by a first priority mortgage or deed of trust. [ ] The borrower did not occupy the property as his/her principal residence when the loan became delinquent. [ ] The loan was made, purchased or serviced by (1) a California state or local public housing agency or authority, including state or local housing finance agencies established under Division 31 of the Cal. Health & Safety Code and Chapter 6 of the Cal. Military & Veterans Code, or (2) the loan is collateral for securities purchased by any such California state or local public housing agency or authority. [ ] The borrower has surrendered the property as evidenced by either a letter confirming the surrender or delivery of the keys to the property to the mortgagee, trustee, beneficiary or authorized
agent. [ ] The borrower has contracted with someone whose primary business is advising people who have decided to leave their homes on how to extend the foreclosure process and avoid their loan obligations. [ ] The borrower has filed for bankruptcy, and the bankruptcy court has not entered an order closing or dismissing the bankruptcy case or granting relief from the automatic stay. OneWest Bank, FSB By: Vicki Brizendine Attachment To Notice of Trustee’s Sale The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The property heretofore described is being sold “as is”. Date: 11/29/2010 MTDS, Inc., a California Corporation DBA Meridian Trust Deed Service, as Trustee Sales Line: (714) 573-1965 (702) 586-4500 PRIORITYPOSTING.COM Stephanie Farrell, Foreclosure Assistant Meridian Trust Deed Service 4675 Macarthur Court Suite 1540 Newport Beach CA 92660 MTDS, Inc., a California Corporation DBA Meridian Trust Deed Service is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. P770557 11/30, 12/7, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1991165# NOTICE OF TRUSTEE'S SALE Trustee Sale No. 443460CA Loan No. 0704155175 Title Order No. 463927 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 10-22-2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, 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 12-14-2010 at 12:30 PM, CALIFORNIA RECONVEYANCE COMPANY as the duly appointed Trustee under and pursuant to Deed of Trust Recorded 11-01-2005, Book , Page , Instrument 2005469571, of official records in the Office of the Recorder of ALAMEDA County, California, executed by: WILLIAM J. O'CONNELL AND NANCY L. O'CONNELL, HUSBAND AND WIFE, as Trustor, WASHINGTON MUTUAL BANK, FA, as Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier's check drawn by a state or national bank, a cashier's check drawn by a state or federal credit union, or a cashier's check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to the Deed of Trust. The 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 the Deed of Trust, interest thereon, estimated fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Place of Sale: THE FALLON STREET ENTRANCE TO THE COUNTY COURTHOUSE, 1225 FALLON STREET , OAKLAND, CA Legal Description: LOT 34, TRACT 3099, FILED MAY 21, 1969, MAP BOOK 59, PAGE 88, ALAMEDA COUNTY RECORDS. Amount of unpaid balance and other charges: $565,550.00 (estimated) Street address and other common designation of the real property: 32371 SHEFFIELD LANE UNION CITY, CA 94587 APN Number: 4750142-112-00 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The property heretofore described is being sold "as is". In compliance with California Civil Code 2923.5(c) the mortgagee, trustee, beneficiary, or authorized agent declares: that it has contacted the borrower(s) to assess their financial situation and to explore options to avoid foreclosure; or that it has made efforts to contact the borrower(s) to assess their financial situation and to explore options to avoid foreclosure by one of the following methods: by telephone; by United States mail; either 1st class or certified; by overnight delivery; by personal delivery; by e-mail; by face to face meeting. DECLARATION PURSUANT TO CALIFORNIA CIVIL CODE SECTION 2923.54 Pursuant to California Civil Code Section 2923.54, the undersigned loan servicer declares as follows: 1. It has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.54 that is current and valid on the date the notice of sale is filed; and 2. The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or Section 2923.55.DATE: 11-17-2010 CALIFORNIA RECONVEYANCE COMPANY, as Trustee (714) 259-7850 or www.fidelityasap.com (714) 573-1965 or www.priorityposting.com CALIFORNIA RECONVEYANCE COMPANY IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DEBORAH BRIGNAC, VICE PRESIDENT 9200 OAKDALE AVE MAILSTOP N110612 CHATSWORTH, CA 91311 ASAP# 3818736 11/23/2010, 11/30/2010, 12/07/2010 11/23, 11/30, 12/7/10 CNS-1990908# NOTICE OF TRUSTEE'S SALE TS No. 100098473 Title Order No. 10-8-383517 Investor/ Insurer No. 1701985389 APN No. 092A-0775-061 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 08/28/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER." Notice is hereby given that RECONTRUST COMPANY, N.A., as duly appointed trustee pursuant to the Deed of Trust executed by NICK ALLEN AND SARAH ALLEN, dated 08/28/2006 and recorded 09/05/06, as Instrument No. 2006336633, in Book , Page ), of Official Records in the office of the County Recorder of Alameda County, State of California, will sell on 12/21/2010 at 12:30PM, At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, CA 94612 at public auction, to the highest bidder for cash or check as described below, payable in full at time of sale, 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 and as more fully described in the above referenced Deed of Trust. The street address and other common designation, if any, of the real property described above is purported to be: 5427 MACDONALD AVENUE, NEWARK, CA, 94560. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The total amount of the unpaid balance with interest thereon of the obligation secured by the property to be sold plus reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $450,342.05. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. In addition to cash, the Trustee will accept cashier's checks 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 specified in Section 5102 of the Financial Code and authorized to do business in this state. Said sale will be made, in an ''AS IS'' condition, but without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the indebtedness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. DATED: 11/20/2010 RECONTRUST COMPANY, N.A. 1800 Tapo Canyon Rd., CA6-914-01-94 SIMI VALLEY, CA 93063 Phone: (800) 281 8219, Sale Information (626) 927-4399 By:-- Trustee's Sale Officer RECONTRUST COMPANY, N.A. is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. ASAP# FNMA3804079 11/23/2010, 11/30/2010, 12/07/2010 11/23, 11/30, 12/7/10 CNS-1990906# NOTICE OF TRUSTEE'S SALE TS No. 100096812 Title Order No. 10-8-377651 Investor/ Insurer No. 1705383656 APN No. 092A-1045080 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 10/25/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER." Notice is hereby given that RECONTRUST COMPANY, N.A., as duly appointed trustee pursuant to the Deed of Trust executed by STEVEN LOERA, AN UNMARRIED MAN, dated 10/25/2007 and recorded 10/31/07, as Instrument No. 2007380713, in Book , Page ), of Official Records in the office of the County Recorder of Alameda County, State of California, will sell on 12/21/2010 at 12:30PM, At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, CA 94612 at public auction, to the highest bidder for cash or check as described below, payable in full at time of sale, 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 and as more fully described in the above referenced Deed of Trust. The street address and other common designation, if any, of the real property described above is purported to be: 6276B CIVIC TERRACE AVENUE, NEWARK, CA, 94560. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The total amount of the unpaid balance with interest thereon of the obligation secured by the property to be sold plus reasonable estimated costs, expenses and advances
Page 32
WHAT’S HAPPENING’S TRI-CITY VOICE
THE VOICE www.newark-chamber.com
A PUBLICATION
OF THE
BUSINESS
OF
NEWARK CHAMBER
November 30, 2010
OF
COMMERCE
Nov 2010/Dec 2010
517
From the President/CEO
Linda Ashley With the holidays upon us it is time for businesses to begin updating their business plans and budgets for 2011. Yes, 2011! 2010 was a rough year for many but it looks like we're on the right track to a better 2011. Does your 2011 business plan and budget include membership and participation in the Newark Chamber of Commerce? Consider just some of the benefits: The Chamber is the largest business association and pro-business advocate in Newark. We can connect you with other local businesses and their employees. The Chamber acts as a unified voice for the business community. This unified business
voice yields influence far stronger than any single business acting alone. Large companies especially like that we represent the interests of our members. Networking and development of business contacts are among the most critical needs for many of our members; they are the primary reasons that small and medium-size companies join the Chamber. We recognize these needs and provide many opportunities for networking such as ribbon cuttings, mixers, luncheons, committees and Leads for Success Club. The Chamber advocates for members to use the products and services of other Chamber members in order to strengthen the network of Chamber membership. There are many other programs available to our members. Just check them out on our website www.newark-chamber.com. Join the Newark Chamber of Commerce by December 15 and receive a free rotating banner ad on our website for three months. Call me for details! 510-744-1000 Happy Holidays! Linda
Members of the Lake Area and Rosemont Area Residents Association accepted the Community Volunteerism Award from the Newark Chamber at the October Luncheon.
Holiday Luncheon “What The Dickens!” Carolers Special Guests Santa, Mrs. Santa, and Santa’s Helpers Holiday Decor Auction Donations welcome for our Holiday Raffle Please bring an unwrapped child’s gift for LOV Thursday, December 9 Newark Hilton 39900 Balentine Dr., Newark 11:15 am Social Time 11:45 – 1:30 pm Lunch & Program
“Thank you for passing Measure U” by Mayor David Smith On November 2nd, Newark voters approved Measure U, the temporary fiscal emergency revenue measure. I want to personally thank our residents and business owners for your support. The passage of Measure U will allow the City to restore important services and programs that were eliminated during the past few years and will prevent additional cuts if we experience an unexpected decline in revenues. Since the election, I have been asked by residents what specific services will be restored and when this will occur? The City Council is scheduled to officially certify the results of the election during the December 9th Council meeting. By state law, the utility companies would then have 90 days to begin collecting the utility tax. The City should start to receive the new rev-
enue beginning in May 2011. I anticipate that decisions regarding service restorations will be discussed at a budget work-session in early 2011 and service restorations would start to occur in June 2011. City staff is currently developing the process for residents to apply for a Senior Exemption or a Low Income Exemption. This process will include filling out a single page application, demonstrating proof of age or eligibility, and providing a copy of the front page of each utility bill to be exempted. City staff will conduct a public outreach campaign to notify residents how to apply for the exemption and hopes to begin this process within the next 30 days. Once again I want to thank you for your support of Measure U. It will make a positive difference in the future of Newark.
Sponsorship Opportunities: Table Sponsorship: $500: Includes table for 8, recognition as a table sponsor at the event and in publicity (website, newsletter, etc.) Event Sponsorship: $1000: Includes table for 8, recognition as an event sponsor at the event and in publicity (website, newsletter, etc.) & space for company banner at the event. Cost: Member - $35 Non-Member - $45 Menu will be Pork Loin. Vegetarian available only if pre-ordered (no exceptions) Company: ______________________________________________________________ Names: ________________________________________________________________ Chicken ___ Veg Pasta ___ __ I would like a FREE Trade Show table Set up at 10:30 am full __ half __ Charge $ _________ to my visa / mastercard Card #____________________________________________ exp ________ code _ _ _ Name (as it appears on your Credit Card) _____________________________________ Billing Address (inc. zip) _________________________________________________ Signature _____________________________________________ Date ________
Reservations are required by December 6. Cancellation deadline is December 7 at noon. Pay online at ourChamber Store at www.newark-chamber.com or fax (744-1003) with credit card information. You could alos mail with a check payable to the Newark Chamber of Commerce, 37101 Newark Blvd., Newark 94560, phone 510-744-1000.
New Member
New Chamber members who were recognized at the October Luncheon included (from left) Shiva Khoshkhou of I Salon; Tom Cree, Legacy Real Estate; Britney R. Frandsen and Guy Drake of Real Goods Solar; Lisa Ashley of Global Adventures; and Bobbette Grasty of SendOutCards
Free Community Matters (E-Newsletter) Want to know what is going on in Newark? Sign up for a FREE subscription to the Newark Chamber of Commerce e-publication Community Matters. We chose Community Matters as the title for our monthly e-publication because 'matters' refers to both 'issues' and 'caring.' Community Matters is sent to your email on or about the day after the Voice of Business is in the Tri-City Voice (the last Tuesday of each month). Community Matters includes: * Chamber Calendar * Community Calendar * E-fliers with announcements of special events, sales & more!
* City of Newark Activities Guide, Senior Scene Newsletter, Newark News, Council Minutes & Agendas * Newark Unified School District's Newark News * Washington Hospital Healthcare System News * Newark Library News Community Matters is emailed to all Chamber members, City of Newark Executive Team, City Council, Planning Commission & Newark School Board. Community Matters can also be emailed to you. Just go to http://www.newarkchamber.com/chamber/communitymatters.php to subscribe for free!
Legacy Real Estate Tom Cree 41111 Mission Blvd Fremont, CA 94539 510-853-5737 Fax: 510-744-3530 tomcree@sbcglobal.net www.LegacyRealEstate Associates.com Category: Real Estate
Chamber Happenings Dec. 2 Chamber Holiday Mixer Hilton Hotel 39900 Balentine Dr., Newark 5-7 pm Dec. 9 Holiday Luncheon Hilton Hotel 39900 Balentine Dr., Newark 11:30 am-1:30 pm
Holiday Closings Newark Unified Schools will be closed Dec. 20 through Jan. 2 The Newark Chamber office will
be closed Dec. 20 through Jan. 2. The City of Newark offices will be closed Dec. 23 through January 2.
WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
New Member Article Global Adventures... Making Dreams Come True! Linda & David Ashley had always dreamed of owning a successful travel agency. In 1994, they founded Global Adventures. It started from their home in Fremont. With their determination and love for travel, they added several Independent Travel Consultants and moved the agency into an office outside their home. The agency was known for customer service and attention to detail. Lisa Ashley joined Global Adventures in 2001 as a Travel Consultant and she helped manage the daily activities of the agency. Unfortunately, David passed away in 2003, and then in 2004 Linda went to work for the Newark Chamber of Commerce and in 2005 she decided to take a break from travel and closed the agency. Fast forward to 2010... Global Adventures is back! This time with partners Linda & Lisa Ashley at the helm! Once again Lisa will be managing the daily activities of running a successful agency and working with their great group of eight Independent Travel Consultants.
They will focus on making their clients' dreams of a memorable vacation come true. And, as part of the Vacation.com Group, they have special prices with amenities that you won't find anywhere else. Their consultants specialize in Cruising, Family Travel, Senior Travel, Destination Weddings & Honeymoons, Groups, Dive Travel and more. They are also destination specialist for many locations around the globe. Visit the new Global Adventures website - www.eGlobalAdventures.com (don't forget the 'e')! Included on the site are TripBlip (put in your dream vacation ideas and you'll be notified when that special deal is available), Vacation Vignettes (exclusive hosted cruise collection), Honeymoon Bridal Registry (includes your personal wedding website, photo album, gift cards, wedding blog & email), Travel Resources and much more! The best thing about working with Global Adventures is the personal attention you will receive - before, during and after your vacation. Contact Global Adventures today and they will make your next travel experience a dream come true! Global Adventures: 510-552-9496 www.eGlobalAdventures.com Lisa@eGlobalAdventures.com
Leads for Success
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Holiday Events The Trees of Angels events provide an opportunity to remember or honor a loved one while gathering with other community members at tree lightings held at various locations in the Tri-City area. Commemorative ornaments will be available for purchase. Funds raised from these events benefit local hospice care. Trees of Angels occur each year during the holiday season.
Tony Clements present a joint holiday concert at 2 pm in the Smith Center. The Community Band, Tuba Ensemble, Mission Peak Brass Band, and Wind Orchestra present seasonal tunes and light musical entertainment. Tickets $15; Students/Seniors/Staff $10. Dec. 11-8 p.m. & Dec. 12, 4 p.m.-Ohlone Chamber Singers, Old Mission San Jose, "Christmas at the Mission" featuring Bach's Magnificat.See smithcenter.com for more information on Ohlone performances and to purchase tickets.
Nov. 29 - Tree Lighting at McDonald's Restaurant on Mission Blvd., Fremont (6 pm) Dec. 1 - Tree Lighting at Nakamura Clinic in Union City (5:30 pm) Dec. 4 - Children's Holiday Breakfast with Santa Claus and Ronald McDonald at Washington West (8:30 am) See the website: www.whhs.com/foundation/foundation-events- for more information. Dec. 6 - Tree Lighting at Newark City Hall (6:30 pm)
Tri-Cities League of Volunteers - LOV Toys 4 Tots - LOV is the official U.S. Marine Corps collection and distribution for the Tri-Cities. All toys are for Tri-City agency's children. Barrel locations needed. Adopt-a-Family - your opportunity to give smiles to a family in need. For more information call 793-5683, check the website www.lov.org. Dec. 12, Sunday- Holiday Pops Concert, 2 pm MacGregor School Auditorium. Your favorite holiday music performed by the Newark Symphonic Winds, Richard Wong, Director. This is a benefit for Toys for Tots. Admission is a new unwrapped toy. Dec. 18, Saturday-Free Kid's Holiday Party from 11 am - 2 pm at the MacGregor School Auditorium. Santa & Mrs Claus will attend. Children play bingo for toys.
Los Posadas Dec. 10, Friday-Bring your family to celebrate a Mexican and Latin American holiday tradition at Schilling School, 36901 Spruce St., Newark. Assemble beginning 6 p.m.; program 6:30 to 8:30 p.m. Includes holiday caroling, traditional refreshments, musical entertainment, & Ballet Folklorico. Sponsored by L.U.N.A., American Licorice Co., Tortilla Factory, Taqueria Uno & Newark Arts Program. Ohlone Musical Special Events Dec. 10-Ohlone Jazz/Rock Combo presents a concert in Jackson Theatre at 7 p.m. Dec. 11 A Christmas Extravaganza at Ohlone College. The four instrumental groups conducted by
From left: Fidelmar Garfias, International House of Pancakes; Mollyanne Sherman, MAC Design; Jennifer Logan, Derham & Logan, EA's; Linda Denevan, Send Out Cards-Denevan; Harriet Whitney, Harriets Hands; George Duarte, Horizon Financial Associates; Ginger Ikuno, Coldwell Banker. (Not pictured: Elise Balgley, Bernard, Balgley & Bonaccorsi; Nell Herrera, Juice Plus; Kevin Shue, Silver & Black Telecom; and Lisa Ashley, Global Adventures.)
Wednesdays 12 noon-1 pm Call the Newark Chamber for details at 744-1000 Featured Leads Member "SendOutCards" Printed personal greeting cards with your message in less than 60 seconds!
Bobbette Grasty www.SendOutCards.com/bobbette or mail:grastyb@aol.com 510-745-0732 (c) 650-740-7499
SCORE Introduces SmartSTART Program Five Week Workshop for Aspiring Entrepreneurs SCORE's new national workshop series for aspiring small business owners is coming to the East Bay in January. Developed by more than a hundred SCORE volunteer counselors, the SmartSTART program will help clients decide about starting a new business by allowing them to: •Define and evaluate their ideas • Develop a marketing strategy • Identify the best ways to fund their startup • Turn their idea into action with tools and templates • Get useful and helpful mentoring sessions • Connect with other entrepreneurs The SmartSTART Series provides 3-hour workshops with action steps: • Start-up Basics (FREE!) • Business ConceptMarketing Plan • Financial Projections • Funding Sources and Next Steps Attendees to the initial free workshop wishing to continue with the program will be assigned a SCORE counselor who will mentor them through the remaining four sessions. Later workshops uses a case study to form a learning path that will allow the client to determine whether or not their business idea is feasible. The cost for all four sessions is only $125. There are four basics sessions planned for January in the following cities.
January 20th - Oakland & Richmond January 22nd - Fremont & Walnut Creek Each session will start at 9:00 am and run for three hours. Additional details will be available on the East Bay SCORE website @ www.eastbayscore.org. * SCORE is a resource partner with the US Small Business Administration.
Renewing Chamber Members
Viola Blythe Community Services Dec. 18, Saturday-Children's Christmas Party from 1-3 pm. at Schilling School. We need volunteers on Dec. 13, 14, and 15 to help wrap toys. This is at 7730 Enterprise Dr. from 5:30 -7:30 P.M. See www.ViolaBlythe.org for contact information. Nick Terra 510-818-1000
Members Over 70 Years
Coldwell Banker Emma Villar
Cargill Aileen Fox
510-608-7696
510-790-8192
Members Over 5 Years
510-797-3890
Web-Eze Kelley Rao 480-862-7600 Horizon Financial Associates George Duarte
Members Over 20 Years
510-793-1900x107
Members Over 25Years Central Glass Industries, Inc. Chad Francis
Newark Community Church Ed Moore, Pastor 510-796-7729
Second Chance Inc. John Balentine 510-792-4357
Members Over 15 Years Quality Sign & Banner, Inc. Robert Patrician 510-713-2200
Members Over 10 Years Thomas Text & Graphics Elin Thomas 510-489-1911
San Francisco Bay Wildlife Society Sue TenEyck 510-792-0222 x40
Golden State Lumber, Inc.
Kisner Law Firm Daniel Kisner 510-791-5790
Fremont Elks Lodge #2121 House Committee Chair 510-797-2121
Members Up to 5 Years Kiwanis Club of Fremont Shirley Sisk 510-793-5683
Law Offices David J. Benoun
The Mission of the Newark Chamber of Commerce is to stand as the voice of business and support our members’ success by promoting a favorable business climate and quality of life in our community.
Linda Ashley, President and CEO 37101 Newark Blvd. Phone 510-744-1000 Fax 510-744-1003 www.newark-chamber.com E-mail: Linda@Newarkchamber.com BOARD OF DIRECTORS Elise Balgley, Chairman of the Board Bernard, Balgley & Bonaccorsi Ken Smith, Treasurer Re/Max One Alliance Gene Daniels, Chairman-Elect State Farm Insurance Greg Magee, Past Chairman Newark Hilton Nancie Allen Master Key Real Estate Advantage Brent Hodson Washington Hospital Healthcare System Sean Nand Fremont Bank Emma Villar Coldwell Banker Debbie Derham Derham & Logan, EA’s Bobbette Grasty Mary Kay Cosmetics David Benoun Attorney Suzie Yang W Silicon Valley Ben Elias Devry University Kelly Gardner NewPark BOARD LIAISONS Clay Colvin The City of Newark Commander Tom Milner Public Safety Liaison Stephanie Evans Newark Unified School District Leta Stagnaro Ohlone Community College AMBASSADOR CORPS Co-Chair, Pat Danielson, RHIT Health Information Management Co-Chair, Lisa Ashley Global Adventures Sue Ten Eyck
San Francisco Bay Wildlife Society Ginger Ikuno Coldwell Banker Nell Herrera Juice Plus+ Susan Dearing Magical Room Makeovers
510-795-4122
BJ's Restaurant & Brewhouse David Henderson 510-456-3750
Club Sport Fremont John O'Donovan 510-226-8500
VOICE OF BUSINESS Editor, Elin Thomas Thomas Text & Graphics Photographer, Gene Daniels State Farm Insurance
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WHAT’S HAPPENING’S TRI-CITY VOICE
November 30, 2010
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Nutcracker with Yoko and the Symphony Orchestra classical ballet under Sakiko Hirose of the Tokyo Ballet, Sulamith Messere and Aleksei Varilamov of the Bolshoi Ballet and Roy Tobias of the New York City Ballet. A Prima Ballerina and soloist for the Hirose Ballet
Company and Tokyo Ballet Theatre, Yoko was featured in standards of dance including Swan Lake, Sleeping Beauty, Don Quixote and many more. She danced “Carmen” with the Opera de Paris in France and has appeared on Japanese television and in many American movies, television series and commercials. Young saw her very first Nutcracker ballet at the tender age of four and every year since, whether she was in Tokyo, San Francisco, London or France. The Nutcracker Ballet has become a tradition for her and her family. “It’s just a part of the holidays… the decorations, the Christmas carols… the Nutcracker is a part of it,” she stated. Young is devoted to putting on an authentic Nutcracker ballet each year and insists that every performance have “lots of beautiful costumes, lots of good dancing and lots of [talented] cast.” This year, the role of Cavalier will be danced by Santa Cruz native, Gabriel Williams. He has danced with The New York The-
Ballet Petit Delivers Nutcracker Magic
atre Ballet, Oakland Ballet, Milwaukee Ballet 2, Black Rock City Ballet, Madison Ballet, and the Sacramento Ballet. He has also performed works by Balanchine, deMille, Ashton, Tudor, Dwight Rhoden, Twyla Tharp, Trey
McIntyre, Eugene Loring, Ronn Guidi and Carlos Carvajal among others. Once again, there will be special appearances by Fremont City Council members; including Councilmember (soon-tobe State Legislator) Bob Wieckowski who will repeat his role as Herr Drosselmeyer. Matinee performances will be followed Sugar Plum parties during which children will have the opportunity to have their picture taken with the costumed dancers. Tickets to the Sugar Plum Party are $7 and reservations are strongly recommended. With their dedication and commitment to showcase only the most professional performances, Yoko’s dancers and the Fremont Symphony Orchestra’s Nutcracker Ballet promises to delight this holiday season. Nutcracker Ballet Performed by Yoko’s Dance and Performing Arts Academy Accompanied by the Fremont Symphony Orchestra Saturday, December 4 2 p.m. and 7 p.m. Sunday, December 5 2 p.m. Smith Center for the Performing Arts Ohlone College 43600 Mission Blvd, Fremont (510) 371-4859 www.fremontsymphony.org. Admission: $43-$48 adults, $20 children/students Group discounts available for groups of 10 or more Contact the Fremont Symphony Box Office:
though classical ballet is very difficult I try to make my classes both educational and fun. I want my students to have a lifetime love of ballet!” Ballet Petit dancers bring Tchaikovsky’s holiday dream ballet to life in four shows performed on December 4 and 5 at Chabot College Center for the Performing Arts. Adding a fourth show (Sunday matinee) “gives our guests another option for enjoying this joyous ballet,” enthused Peggy Peabody, Ballet Petit’s Artistic Director and the 2008 inductee in the Alameda County Women’s Hall of Fame for Culture & Arts. Ballet Petit’s Nutcracker is unique because all of the school’s students dance in at least one of the four shows. Peabody believes that all dancers are capable of dancing and participating in their productions. Instead of holding auditions, Peabody and her artistic staff conduct a casting selection process. In the early fall, they discuss and look at a number of factors before making decisions: previous year’s casting, students’ studio and stage performances, and individual work
ethics. Ultimately, a “total picture of how [each] dancer works overall” is created. This year’s coveted role of Clara will be shared by two dancers: Marisa Ngbemeneh of Union City and Jenna Thompson of Livermore. The graceful and artistically challenging role of Sugar Plum Fairy will be performed by local teens Kimberly Grovers of Fremont, and Prudence Gordon of Newark. Brower stated, “[One of our Sugar Plum Fairies] has been a student of mine since she was two and a half years old; she is seventeen now. Many of our students dance with us from a young age all the way through high school. Since they are at ballet so often and for so many years I have close relationships with many of them and their families. I love to see them grow into beautiful accomplished dancers.” Ballet Petit endeavors to train their dancers to learn the artistic and technical points of classical ballet, but it does so by providing a positive and nurturing atmosphere where everyone has a place. And they don’t go unnoticed. In fact, eleven Ballet Petit dancers
For the last three years Rotary Clubs of Area 3 (Fremont, Newark and Union City) and StarStruck Theatre volunteers have set aside the first Saturday in December to host their pancake breakfast. “Bet Your Bottom Dollar” All-You-CanEat breakfast will be accompanied by entertainment from StarStruck Theatre’s cast of “Annie.” Last year’s All-You-Can-Eat breakfast brought in $2500 to override production costs and help pay for “Annie” tuition scholarships. Start your day with a hot breakfast that includes music from “Annie,” StarStruck’s up-
have been recruited by Graham Lustig, Artistic Director of the Oakland Ballet Company, to dance at its own upcoming Nutcracker production (December 23 – 25 at Oakland’s historic Paramount Theater). Brower summed it best: “It’s a very special part of [the dancers’] life, just like it was a very special part of my life when I was their age. Even though I’ve been involved one way or another in Nutcracker for over 30 years I never get tired of the music or choreography! It’s still magical to me and I love to see that same magic alive in the eyes of our young dancers.” Ballet Petit’s The Nutcracker Saturday, December 4 – Sunday, December 5 2 p.m. and 7 p.m. Chabot College Performing Arts Center 25555 Hesperian Blvd., Hayward (510) 324-4988 www.balletpetit.com Admission: $20 adults, $16 children/seniors Group discounts available for groups of 20 or more
coming production set to open January 8. Performances at: 9 a.m., 10 a.m. and 11 a.m. All-You-Can-Eat breakfast Saturday, Dec 4 8:00 a.m. to 11:30 a.m. Fremont Elk’s Club 38991 Farwell Drive, Fremont www.starstrucktheatre.org $10 General $8 Senior/Child 12 & under
November 30, 2010
WHAT’S HAPPENING’S TRI-CITY VOICE
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PUBLIC NOTICES at the time of the initial publication of the Notice of Sale is $318,410.41. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. In addition to cash, the Trustee will accept cashier's checks 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 specified in Section 5102 of the Financial Code and authorized to do business in this state. Said sale will be made, in an ''AS IS'' condition, but without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the indebtedness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. DATED: 11/18/2010 RECONTRUST COMPANY, N.A. 1800 Tapo Canyon Rd., CA6-914-01-94 SIMI VALLEY, CA 93063 Phone: (800) 281 8219, Sale Information (626) 927-4399 By:-- Trustee's Sale Officer RECONTRUST COMPANY, N.A. is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. ASAP# FNMA3797955 11/23/2010, 11/30/2010, 12/07/2010 11/23, 11/30, 12/7/10 CNS-1990905# NOTICE OF TRUSTEE'S SALE TS #: CA09-256142-PJ Order #: 102355 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 7/12/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appointed trustee. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): SUNG HEE HUH, AN UNMARRIED WOMAN Recorded: 7/25/2006 as Instrument No. 2006286208 in book XXX, page XXX of Official Records in the office of the Recorder of ALAMEDA County, California; Date of Sale: 12/17/2010 at 12:30 PM Place of Sale: At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, CA 94612 Amount of unpaid balance and other charges: $362,213.89 The purported property address is: 39965 PARADA ST #C NEWARK, CA 94560 Assessor's Parcel No. 901-0193-020-00 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to JPMorgan Chase Bank, N.A. 7301 Baymeadows Way Jacksonville FL 32256 Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 . If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's Attorney. Date: 11/23/10 Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 714-730-2727 or Login to: www.fidelityasap.com Reinstatement Line: 619645-7711 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right's against the real property only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. ASAP# 3817531 11/23/2010, 11/30/2010, 12/07/2010 11/23, 11/30, 12/7/10 CNS-1990904# Trustee Sale No.: 20100169810838 Title Order No.: 559250 FHA/VA/PMI No.: NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 07/ 31/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NDex West, LLC, as duly appointed Trustee under and pursuant to Deed of Trust Recorded on 08/15/2007 as Instrument No. 2007301092 of official records in the office of the County Recorder of Alameda County, State of California. Executed By: Edward M. Gallagher And Sunshine M. Gallagher, will sell at public auction to highest bidder for cash, cashier’s check/cash equivalent or other form of payment authorized by 2924h(b), (payable at time of sale in lawful money of the United States). Date of Sale: 12/20/2010 Time of Sale: 12:00 PM Place of Sale: At the Fallon St emergency exit to the Alameda County Courthouse, 1225 Fallon St. Oakland, CA. Street Address and other common designation, if any, of the real property described above is purported to be: 5567 Magnolia Terrace, Fremont, California 94538 APN#: 531-0040-113-00 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 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, under the terms of said Deed of Trust, 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 Sale is $250,304.70. The beneficiary 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. For Trustee Sale Information Please Call: Priority Posting & Publishing, Inc. 17501 Irvine Blvd., Suite One Tustin, CA 92780 714573-1965 www.priorityposting.com NDex West, L.L.C. as Trustee Dated: 11/28/2010 NDex West, L.L.C. may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. P770353 11/30, 12/7, 12/14/2010 11/30, 12/7, 12/14/10 CNS-1990033# TS #: CA-10-378466-AB Order #: 4510568 NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 6/27/2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appointed trustee. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the
Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): HORACIO GUTIERREZ AND YAJAIRA CUEVAS HUSBAND AND WIFE, AS JOINT TENANTS Recorded: 7/7/2005 as Instrument No. 2005281625 in book xxx , page xxx of Official Records in the office of the Recorder of ALAMEDA County, California; Date of Sale: 12/21/2010 at 12:00:00 PM Place of Sale: At the Fallon St. emergency exit to the Alameda County Courthouse, 1225 Fallon St. Oakland, CA Amount of unpaid balance and other charges: $354,100.69 The purported property address is: 32030 ARYA COURT UNION CITY, CA 94587 Assessor's Parcel No. 483-0073-174 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to Nationstar Mortgage LLC 350 Highland Drive Lewisville TX 75067 Pursuant to California Civil Code §2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 . If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s Attorney. Date: Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 714-573-1965 or Login to: www.priorityposting.com Reinstatement Line: 619-645-7711 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right’s against the real property only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. 11/30, 12/7, 12/14/10 CNS-1988301# Trustee Sale No. 442936CA Loan No. 3013685718 Title Order No. 436281 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 5/4/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, 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 12/10/2010 at 12:00 PM CALIFORNIA RECONVEYANCE COMPANY as the duly appointed Trustee under and pursuant to Deed of Trust Recorded 05/11/ 2007, Book , Page , Instrument 2007182961 of official records in the Office of the Recorder of Alameda County, California, executed by: Alexandria Meza and Javier R. Meza, wife and husband, as joint tenants, as Trustor, Washington Mutual Bank, FA, as Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier’s check drawn by a state or national bank, a cashier’s check drawn by a state or federal credit union, or a cashier’s check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to the Deed of Trust. The 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 the Deed of Trust, interest thereon, estimated fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Place of Sale: At the Fallon St emergency exit to the Alameda County Courthouse, 1225 Fallon St. Oakland, CA Legal Description: As more fully described in said Deed of Trust Amount of unpaid balance and other charges: $726,732.09 (estimated) Street address and other common designation of the real property: 44389 Camellia Drive, Fremont, CA 94539 APN Number: 519-1453-05100 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The property heretofore described is being sold “as is”. In compliance with California Civil Code 2923.5(c) the mortgagee, trustee, beneficiary, or authorized agent declares: that it has contacted the borrower(s) to assess their financial situation and to explore options to avoid foreclosure; or that it has made efforts to contact the borrower(s) to assess their financial situation and to explore options to avoid foreclosure by one of the following methods: by telephone; by United States mail; either 1st class or certified; by overnight delivery; by personal delivery; by e-mail; by face to face meeting. Date: 11/15/2010 SEE ATTACHED EXHIBIT Exhibit DECLARATION PURSUANT TO CALIFORNIA CIVIL CODE SECTION 2923.54 Pursuant to California Civil Code Section 2923.54, the undersigned loan servicer declares as follows: 1. It has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.54 that is current and valid on the date the notice of sale is filed; and 2. The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or Section 2923.55. JPMorgan Chase Bank, National AssociationName: Ann Thorn Title: First Vice President California Reconveyance Company, as Trustee (714) 2597850 or www.fidelityasap.com (714) 573-1965 or www.priorityposting.com Deborah Brignac California Reconveyance Company is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Deborah Brignac, Vice President 9200 Oakdale Avenue Mail Stop N110612 Chatsworth, CA 91311 P769620 11/16, 11/23, 11/30/2010 11/16, 11/23, 11/30/10 CNS-1988250# TS # CA-09-299432-RM Order # 090506663CA-DCI NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 4/3/2004. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier’s check drawn on a state or national bank, check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial Code and authorized to do business in this state, will be held by duly appointed trustee. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): Jung Soo Park and Sung Jae Park , husband and wife Recorded: 04/07/2004 as Instrument No. 2004145992 in book xxx, page xxx of Official Records in the Office of the Recorder of Alameda County, California; Date of Sale: 12/10/2010 at 12:00 PM Place of Sale: At the Fallon St emergency exit to the Alameda County Courthouse, 1225 Fallon St. Oakland, CA Amount of unpaid balance and other charges: $325,592.78 The purported property address is: 5220 Tacoma Common Fremont, CA 94555 Assessors Parcel No. 543-0453-030-00 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a
written request to JPMorgan Chase Bank, N.A. 7301 Baymeadows Way Jacksonville FL 32256. Pursuant to California Civil Code §2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [1] The mortgage loan servicer has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [2] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s Attorney. Date: Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 (619) 645-7711 For NON SALE information only Sale Line: (714) 573-1965 or Login to: www.priorityposting.com Reinstatement Line: 619-645-7711 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder’s rights against the real property only. This notice is sent for the purpose of collecting a debt. This firm is attempting to collect a debt on behalf of the holder and owner of the note. Any information obtained by or provided to this firm or the creditor will be used for that purpose. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P769219 11/16, 11/23, 11/30/2010 11/16, 11/23, 11/30/10 CNS-1987678# NOTICE OF TRUSTEE’S SALE TS No. 090092737 Title Order No. 09-8-262497 APN No. 531 -0217-046 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 12/04/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER.” Notice is hereby given that RECONTRUST COMPANY, N.A., as duly appointed trustee pursuant to the Deed of Trust executed by MARTHA ROSA SILVA, AN UNMARRIED WOMAN, dated 12/04/2006 and recorded 12/12/06, as Instrument No. 2006452633, in Book , Page ), of Official Records in the office of the County Recorder of Alameda County, State of California, will sell on 12/14/2010 at 12:00PM, At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, Alameda, CA at public auction, to the highest bidder for cash or check as described below, payable in full at time of sale, 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 and as more fully described in the above referenced Deed of Trust. The street address and other common designation, if any of the real property described above is purported to be: 4953 ADAGIO COURT, FREMONT, CA, 94538. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The total amount of the unpaid balance with interest thereon of the obligation secured by the property to be sold plus reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $560,574.53. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. In addition to cash, the Trustee will accept cashier’s checks 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 specified in Section 5102 of the Financial Code and authorized to do business in this state. Said sale will be made, in an “AS IS” condition, but without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the indebtedness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. If required by the provisions of section 2923.5 of the California Civil Code, the declaration from the mortgagee, beneficiary or authorized agent is attached to the Notice of Trustee’s Sale duly recorded with the appropriate County Recorder’s Office. DATED: 10/03/2009 RECONTRUST COMPANY, N.A. 1800 Tapo Canyon Rd., CA6914-01-94 SIMI VALLEY, CA 93063 Phone/Sale Information: (800) 281 8219 By: Trustee’s Sale Officer RECONTRUST COMPANY, N.A. is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. FEI # 1006.72148 11/16, 11/23, 11/30/2010 11/16, 11/23, 11/30/10 CNS-1987109# NOTICE OF TRUSTEE'S SALE T.S. No. WC239129-C Investor No. 0043582535 Loan No. 0043582535 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 8/14/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 of the Financial Code and authorized to do business in this state, will be held by the duly appointed trustee. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to satisfy the obligation secured by said Deed of Trust. The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. TRUSTOR:RAJESHWAR SINGH AND JASBIR K. AULAKH, HUSBAND AND WIFE Recorded 8/18/2006 as Instrument No. 2006317197 in Book , page of Official Records in the office of the Recorder of Alameda County, California, Date of Sale:12/7/2010 at 12:30 PM Place of Sale: At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, California Property Address is purported to be: 3556 SMITH ST UNION CITY, California 94587 APN #: 4830025-002-00 The total amount secured by said instrument as of the time of initial publication of this notice is $350,796.00, which includes the total amount of the unpaid balance (including accrued and unpaid interest) and reasonable estimated costs, expenses, and advances at the time of initial publication of this notice. Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.55. Date: 11/10/2010 ETS Services, LLC 2255 North Ontario Street, Suite 400 Burbank, California 91504-3120 Sale Line: 714-730-2727 Ileanna Petersen, TRUSTEE SALE OFFICER ASAP# 3812223 11/16/2010, 11/23/2010, 11/30/2010 11/16, 11/23, 11/30/10 CNS-1986820# Trustee Sale No. 233695CA Loan No. 0665690129 Title Order No. 602126623 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 06-16-2004. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, 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 12-07-2010 at 12:00 PM, CALIFORNIA RECONVEYANCE COMPANY as the duly appointed Trustee under and pursuant to Deed of Trust Recorded 06-25-2004, Book , Page , Instrument 2004289254, of official records in the Office of the Recorder of Alameda County, California, executed by: Marivie Asong and Pepito Asong, wife and husband as joint tenants, as Trustor, Long Beach Mortgage Company, as Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier’s check drawn by a state or national bank, a cashier’s check drawn by a state or federal credit union, or a cashier’s check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to the Deed of Trust. The 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 the Deed of Trust, interest thereon, estimated fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may
be greater on the day of sale. Place of Sale: At the Fallon Street emergency exit to the Alameda County Courthouse, 1225 Fallon St., Oakland, CA Legal Description: As more fully described in said Deed of Trust Amount of unpaid balance and other charges: $467,593.78 (estimated) Street address and other common designation of the real property: 4649 Mowry Avenue Fremont, CA 94538 APN Number: 501-0956-086-00 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The property heretofore described is being sold “as is”. In compliance with California Civil Code 2923.5(c) the mortgagee, trustee, beneficiary, or authorized agent declares: that it has contacted the borrower(s) to assess their financial situation and to explore options to avoid foreclosure; or that it has made efforts to contact the borrower(s) to assess their financial situation and to explore options to avoid foreclosure by one of the following methods: by telephone; by United States mail; either 1st class or certified; by overnight delivery; by personal delivery; by e-mail; by face to face meeting. Date: 11-10-2010 See attached Exhibit Exhibit DECLARATION PURSUANT TO CALIFORNIA CIVIL CODE SECTION 2923.54 Pursuant to California Civil Code Section 2923.54, the undersigned loan servicer declares as follows: 1. It has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.54 that is current and valid on the date the notice of sale is filed; and 2. The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or Section 2923.55. JPMorgan Chase Bank, National Association Name: Ann Thorn Title: First Vice President California Reconveyance Company, as Trustee (714) 259-7850 or www.fidelityasap.com (714) 573-1965 or www.priorityposting.com Deborah Brignac California Reconveyance Company is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Deborah Brignac, Vice President 9200 Oakdale Avenue Mail Stop N110612 Chatsworth, CA 91311 P768143 11/16, 11/23, 11/30/2010 11/16, 11/23, 11/30/10 CNS-1986799# Trustee Sale No. 435856CA Loan No. 3010978116 Title Order No. 602131644 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 8/17/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, 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 12/7/2010 at 12:00 PM CALIFORNIA RECONVEYANCE COMPANY as the duly appointed Trustee under and pursuant to Deed of Trust Recorded 08/25/2006, Book , Page , Instrument 2006326442, of official records in the Office of the Recorder of Alameda County, California, executed by: Anita M. Piring and, Wilfredo Piring wife and husband as joint tenants, as Trustor, Washington Mutual Bank, FA, as Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier’s check drawn by a state or national bank, a cashier’s check drawn by a state or federal credit union, or a cashier’s check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to the Deed of Trust. The 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 the Deed of Trust, interest thereon, estimated fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Place of Sale: At the Fallon St emergency exit to the Alameda County Courthouse, 1225 Fallon St. Oakland, CA Legal Description: As more fully described in said Deed of Trust Amount of unpaid balance and other charges: $509,563.92 (estimated) Street address and other common designation of the real property: 31201 Kimberly Ct, Union City, CA 94577 APN Number: 4830099-013-00 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The property heretofore described is being sold “as is”. In compliance with California Civil Code 2923.5(c) the mortgagee, trustee, beneficiary, or authorized agent declares: that it has contacted the borrower(s) to assess their financial situation and to explore options to avoid foreclosure; or that it has made efforts to contact the borrower(s) to assess their financial situation and to explore options to avoid foreclosure byone of the following methods: by telephone; by United States mail; either 1st class or certified; by overnight delivery; by personal delivery; by e-mail; by face to face meeting. Date: 11/10/2010 See attached Exhibit Exhibit Declaration Pursuant To California Civil Code Section 2923.54 Pursuant to California Civil Code Section 2923.54, the undersigned loan servicer declares as follows: 1. It has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.54 that is current and valid on the date the notice of sale is filed; and 2. The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or Section 2923.55. JPMorgan Chase Bank, National Association Name: Ann Thorn Title: First Vice President California Reconveyance Company, as Trustee (714) 259-7850 or www.fidelityasap.com (714) 573-1965 or www.priorityposting.com Deborah Brignac California Reconveyance Company is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Deborah Brignac, Vice President 9200 Oakdale Avenue Mail Stop N110612 Chatsworth, CA 91311 P768100 11/16, 11/23, 11/30/2010 11/16, 11/23, 11/30/10 CNS-1986544# NOTICE OF TRUSTEE'S SALE TS #: CA09-299240-PJ Order #: 135217 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 8/7/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appointed trustee. The 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 the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): JOSE MANUEL CORREA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AND, JOSE ANTONIO CORREA, AN UNMARRIED MAN Recorded: 8/17/2006 as Instrument No. 2006315849 in book XXX, page XXX of Official Records in the office of the Recorder of ALAMEDA County, California; Date of Sale: 12/10/2010 at 12:30 PM Place of Sale: At the Fallon Street entrance to the County Courthouse, 1225 Fallon Street, Oakland, CA 94612 Amount of unpaid balance and other charges: $448,996.19 The purported property address is: 36044 TOULOUSE ST NEWARK, CA 94560 Assessor's Parcel No. 092A-0504-035-00 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, please refer to the referenced legal description for property location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to JPMorgan Chase Bank, N.A. 7301 Baymeadows Way Jacksonville FL 32256 Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has obtained from the commissioner a final or temporary order of exemption pursuant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 . If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's Attorney. Date: 11/16/10 Quality
Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 714-730-2727 or Login to: www.fidelityasap.com Reinstatement Line: 619645-7711 Quality Loan Service, Corp. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right's against the real property only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. ASAP# 3809059 11/16/2010, 11/23/2010, 11/30/2010 11/16, 11/23, 11/30/10 CNS-1986238# NOTICE OF TRUSTEE'S SALE T.S No. 129572502 APN: 087-0036-145 TRA: 15064 LOAN NO: Xxxxxx6321 REF: Hartwell, Ronald IMPORTANT NOTICE TO PROPERTY OWNER: YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED December 14, 2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On December 13, 2010, at 12:00pm, Cal-Western Reconveyance Corporation, as duly appointed trustee under and pursuant to Deed of Trust recorded December 27, 2007, as Inst. No. 2007432140 in book XX, page XX of Official Records in the office of the County Recorder of Alameda County, State of California, executed by Ronald D Hartwell An Unmarried Man, will sell at public auction to highest bidder for cash, cashier’s 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 At the steps to the entrance of the county courthouse 1225 Fallon Street Oakland, California, 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 described as: Completely described in said deed of trust The street address and other common designation, if any, of the real property described above is purported to be: 710 Tamarack Dr Union City CA 94587-1439 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 held, but without covenant or warranty, express or implied, regarding title, possession, condition or encumbrances, including fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to pay the remaining principal sums of the note(s) secured 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 Sale is: $525,134.09. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. The beneficiary 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. Regarding the property that is the subject of this notice of sale, the "mortgage loan servicer" as defined in civil code § 2923.53(k)(3), declares that it has obtained from the commissioner a final or temporary order of exemption pursuant to civil code section 2923.53 and that the exemption is current and valid on the date this notice of sale is recorded. the time frame for giving a notice of sale specified in civil code section 2923.52 subdivision (a) does not apply to this notice of sale pursuant to civil code sections 2923.52. This California Declaration is made pursuant to California Civil Code Section 2923.54 and is to be included with the Notice of Sale. I, Jaimee Gonzales, of Wachovia Mortgage, FSB (‘Mortgage Loan Servicer’), declare under penalty of perjury, under the laws of the State of California, that the following is true and correct: The Mortgage Loan Servicer has obtained from the Commissioner of Corporation a final or temporary order of exemption pursuant to California Civil Code Section 2923.53 that is current and valid on the date the accompanying notice of sale is filed AND The timeframe for giving notice of sale specified in subdivision (a) of Civil Code Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.55. Date: 7/22/09 Name of Signor: Jaimee Gonzales Title and/or Position: Vice President For sales information: Mon-Fri 9: 00am to 4:00pm (619) 590-1221. Cal-Western Reconveyance Corporation, 525 East Main Street, P.O. Box 22004, El Cajon, CA 92022-9004 Dated: November 22, 2010. (R-353908 11/23/10, 11/30/10, 12/07/10) 11/23, 11/30, 12/7/10 CNS-1983828# NOTICE OF TRUSTEE'S SALE T.S No. 129524402 APN: 087-0007-065 TRA: 15011 LOAN NO: Xxxxxx3418 REF: Abaa, Dino G IMPORTANT NOTICE TO PROPERTY OWNER: YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED June 27, 2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On December 13, 2010, at 12:00pm, Cal-Western Reconveyance Corporation, as duly appointed trustee under and pursuant to Deed of Trust recorded July 07, 2005, as Inst. No. 2005281283 in book XX, page XX of Official Records in the office of the County Recorder of Alameda County, State of California, executed by Abaa Family Trust, A Trust, Dated September 15,1992, With Dino G. Abaa & Nenita J. Abaa Acting As Initial Trustee For Abaa Family Trust, will sell at public auction to highest bidder for cash, cashier’s 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 At the steps to the entrance of the county courthouse 1225 Fallon Street Oakland, California, 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 described as: Completely described in said deed of trust The street address and other common designation, if any, of the real property described above is purported to be: 35005 Perry Rd Union City CA 94587-6229 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 held, but without covenant or warranty, express or implied, regarding title, possession, condition or encumbrances, including fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to pay the remaining principal sums of the note(s) secured 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 Sale is: $425,533.88. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. The beneficiary 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. Regarding the property that is the subject of this notice of sale, the "mortgage loan servicer" as defined in civil code § 2923.53(k)(3), declares that it has obtained from the commissioner a final or temporary order of exemption pursuant to civil code section 2923.53 and that the exemption is current and valid on the date this notice of sale is recorded. the time frame for giving a notice of sale specified in civil code section 2923.52 subdivision (a) does not apply to this notice of sale pursuant to civil code sections 2923.52. This California Declaration is made pursuant to California Civil Code Section 2923.54 and is to be included with the Notice of Sale. I, Jaimee Gonzales, of Wachovia Mortgage, FSB (‘Mortgage Loan Servicer’), declare under penalty of perjury, under the laws of the State of California, that the following is true and correct: The Mortgage Loan Servicer has obtained from the Commissioner of Corporation a final or temporary order of exemption pursuant to California Civil Code Section 2923.53 that is current and valid on the date the accompanying notice of sale is filed AND The timeframe for giving notice of sale specified in subdivision (a) of Civil Code Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.55. Date: 7/22/09 Name of Signor: Jaimee Gonzales Title and/or Position: Vice President For sales information: Mon-Fri 9: 00am to 4:00pm (619) 590-1221. Cal-Western Reconveyance Corporation, 525 East Main Street, P.O. Box 22004, El Cajon, CA 92022-9004 Dated: November 22, 2010. (R-353883 11/23/10, 11/30/10, 12/07/10) 11/23, 11/30, 12/7/10 CNS-1983653#
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BY JESSICA NOËL WAYMIRE Richard Gonzalez has a special reason to be thankful this holiday season—his youngest granddaughter, Sophia-Marie, is cancer free. For the Gonzalez family, this year has been filled with tears, prayers, waiting, and hope. Richard has found a special way to share his gratitude with the community and invites everyone to join him in giving thanks and raising awareness. It was shortly after Sophia’s third birthday that her mother, Selena Rodriguez, noticed something wrong with Sophia’s left eye. Mother’s intuition led her to make an appointment with Sophia’s pediatrician. Selena pushed for an examination by an eye specialist and her worries were confirmed: Sophia had a tumor growing on her left retina. On April 7, 2010, Sophia was diagnosed with a rare form of
WHAT’S HAPPENING’S TRI-CITY VOICE
cancer called retinoblastoma. This disease generally occurs in children under age six; a tumor forms on the retina causing loss of vision in the affected eye. The symptoms can include redness, swelling, and a white reflection when light is shone into the eye
(similar to that seen in flash photographs). Parents are often the first to recognize the symptoms in their child. If left untreated, the cancer could spread to the other eye or, worse, to the brain. Thankfully, this form of cancer is highly treatable.
Dr. Linn Murphree at Children’s Hospital in Los Angeles treated Sophia. The first step involved extensive testing, photographing the tumor, and an MRI to confirm that the cancer had not spread to the right eye. Once it was clear that only the left eye was affected, Sophia’s parents had to choose what type of treatment would be best for their little girl. Two of the three available options were different forms of chemotherapy, each with only a 30 percent effectiveness rate. They settled on the third option, enucleation, which involved removing the cancerous eye and replacing it with a prosthetic. Sophia has since received a prosthetic eye and been declared cancer-free. “Boo-boo,” as the family calls Sophia, is a happy, energetic little girl who loves ballet, singing, and dancing with her
grandfather whenever Dancing with the Stars is on television. “Paw,” Sophia’s nickname for her grandfather, says that the cancer and surgery have not slowed her down. “If anything, she has more energy now than she did before,” said Richard. Inspired by Christmas in the Park, the annual holiday celebration held in downtown San Jose, Richard has been collecting animated pieces and displaying them at his home for 17 years. This year’s display includes a special piece dedicated to Sophia. Richard calls it, “The Tree of Love, Strength, Laughter, and Family.” Forest animals pop out of the tree and dance around
November 30, 2010
when viewers stand in front of the piece. Richard’s holiday collection includes many unique pieces. Visitors will recognize the Grinch as well as a very impressive Santa Claus. Friends and family pitched in to help Richard assemble the display, and family friend Leigh Dillion was especially helpful with animation of the pieces. Richard’s wife Karen, son Chris, and brother-in-law Keith Maldonado assisted with building of the display cases. The Gonzalez family holiday display brings Christmas in the Park to Fremont. It will be open to visitors in the evenings throughout December. Bring your family over to share in this celebration of life and hope! If you would like to offer a donation in support of Sophia and retinoblastoma awareness, the family will accept donations. Richard suggests that donations can also be made to the Children’s Hospital in Los Angeles. Gonzalez Family Holiday Display Saturday, December 4 to Saturday, January 1 6 p.m. to 10 p.m. 38643 Glencoe Dr., Fremont www.loveforsophia.wordpress.com
Free; donations accepted