Attorney, small Placer businesses at odds over ADA compliance
Ramon Coronado @ January 6, 2009 # Comments Off
Scott Norris Johnson’s letters are feared and loathed.
The Carmichael lawyer admonishes small-business owners when their property is not accessible to the disabled. He recommends that the businesses make improvements within 90 days – or else.
Johnson’s letters don’t say specifically what the consequence will be. But Johnson, who is quadriplegic, is one of the busiest litigators in federal courts in California.
“I don’t keep count,” Johnson said of the hundreds of suits he files every year under the Americans with Disabilities Act.
Terry Degmetich, the owner of a used-car dealership on Riverside Boulevard in Roseville, first read about the Carmichael attorney three months ago in a newspaper story about Johnson suing a restaurant in Auburn.
“A week later, I get one of his letters, and just about everyone else on Riverside Boulevard got the same letter,” Degmetich said.
Johnson, who said he only sues businesses that ignore his letters, has left more than a dozen small businesses in Placer County at odds over what to do.
Degmetich paid a consultant $1,500 to tell him what he needs to do to comply with a maze of local, state and federal ADA rules. But some business owners want to take a stand.
“I think a group of concerned citizens and business owners should combine their monies and talents to take him to court,” said Kathleen Harris, a former Johnson defendant.
Harris, a co-owner of Harris Industrial Gases, said she settled her federal lawsuit with Johnson out of court.
“He demanded $10,000, but my insurance company paid him $8,000,” said Harris, whose Citrus Heights business borders the Roseville city limits.
Harris’ suit was one of thousands like it throughout the state that inspired a new law to strike a balance between ensuring access for disabled people and preventing lawsuit abuse.
Senate Bill 1608, which became law Thursday, recognizes that denying a disabled person access to a public business is discrimination.
But for the first time in California, the new law establishes ground rules to protect businesses by allowing them to be certified by the state to be in compliance with ADA rules.
The new law requires that local planning departments have at least one staff person who is trained in ADA standards for compliance.
The new law also allows ADA lawsuits to be fast-tracked in court for those business owners demonstrating an effort to come into compliance.
Degmetich and other business owners on Riverside Boulevard have paid for signs to be printed that say “ADA Access Improvements in Progress.” They are posted outside their businesses.
Chris Taylor, the consultant Degmetich hired, said the signs make a good-faith gesture, but that’s about all.
“It is crazy. In California, you don’t have to be on the property in order to collect monetary awards,” said Taylor, who owns Folsom-based ADA Compliance Consultants and has been in business for five years.
“These lawsuits are growing in number every year,” Taylor said. “It is wrong what these guys are doing, but it is legal.”
Degmetich, who has been selling used cars in the same place for the past 15 years, thinks Johnson has singled out him and his business neighbors.
“What did I do to him?” Degmetich said. “He has never been on my lot. Nobody has ever complained. I have all the necessary permits, and he comes here and says my parking isn’t right.”
Degmetich said he wants to comply with ADA rules but doesn’t know how much it will cost or where he will get the money. He fears Johnson’s motive is to get him to settle out of court.
Johnson denies that, saying it is “all about access” and that his letters are a way of extending a courteous request for businesses to comply with ADA rules.
“I’m simply asking them to fix what should have been fixed years ago,” Johnson said.
“If they fix the property and are in compliance, I send them a thank-you letter.”
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Roseville board to vote on plans for sixth high school
Walter Yost @ January 6, 2009 # Comments Off
Roseville Joint Union High School District trustees are expected tonight to hire an architect to design a sixth high school campus for an area of the district with few homes and few students.
Although the district was forced to make significant budget reductions this school year and faces a potential cut of $3 million from its 2009-2010 budget, a $115 million school construction bond approved by voters two years ago can’t be used as a budget bailout.
By law, it can only be used to build school facilities.
One thing is certain, district board member Garry Genzlinger said, “There will be a sixth high school eventually.”
Such are the challenges school districts face planning for the future in the midst of a unpredictable economy.
“It’s all about housing starts. Development is slow right now,” said district Superintendent Tony Monetti.
In January 2007, hoping to get ahead of the growth curve, the district created a school facilities improvement district to tax future property owners for a new high school in a sparsely developed portion of Placer County.
Later that year, the handful of registered voters living within the improvement district approved a bond to help fund the new school.
The final tally in the special election was 11 to 1 in favor.
The improvement district is anticipated to someday have 25,000 homes.
However, with the sluggish housing market, homes aren’t popping up as quickly as anticipated.
“There are still some developers who’ve been able to keep moving but they are definitely being impacted,” said Christopher Grimes, district facilities director.
But the planning process for the 53-acre school site can’t afford to lag behind, district trustees say.
“You still have to go through the hoops in case in two years it all takes off,” Genzlinger said.
From initial planning to opening day, Grimes said, a new high school can take 15 years.
The district began planning for the school sixth high school in 2002.
“It was originally scheduled to open in 2013,” Genzlinger said. “Now it could be four years later.”
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Lincoln to lay off city employees
Ramon Coronado @ January 6, 2009 # Comments Off
Lincoln city employees, including police and firefighters, were notified Monday there will be layoff announcements as early as Friday.
“There is no question there will be layoffs, but how deep the cuts will be and what the service levels will be remains undetermined,” said Jill Thompson, city spokeswoman.
Thompson said public safety personnel would be among those affected, but details would not be available until Friday at the earliest.
On Thursday, City Manager Jim Estep will meet in closed session with the City Council to decide how many employees will get layoff notices, Thompson said.
The layoffs are the result of a $1.5 million shortfall in this year’s $121 million budget.
During the past eight years, Lincoln’s population grew from 9,000 to nearly 40,000. But like other area cities, growth has slowed sharply in the past year, biting into development fees and sales tax revenue.
Since late November, the city manager has been looking for ways to balance the budget without layoffs. Estep has met with the city’s labor groups for their input. The city employs 230 people, including part-time workers.
Back in November the council had hoped it could avoid layoffs by imposing work furloughs. The plan would have reduced salaries by leaving employees with 10 to 12 unpaid days annually.
The city already has dipped into its savings. The reserve has been reduced from $3.8 million to $1.6 million to cover the shortfalls so far.
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Robber hits Auburn bank just after noon today
Sandy Louey @ January 5, 2009 # Comments Off
Auburn police are looking for a man who robbed a Wells Fargo Bank just after noon Monday.
At 12:04 p.m., a man went into the branch at 949 Lincoln Way and demanded the teller place the money in a small dark-colored overnight or backpack style bag, according to a press release.
The robber left with an undisclosed amount of money on foot onto Lewis Street. He also is suspected to be involved in the Dec. 30 robbery of the Washington Mutual Bank, 4741 Madison Ave., police said.
Auburn police said the robber was described as a white man, 5-feet-8 to 5-feet-10, 170 pounds. He had short dark hair and was clean shaven.
He wore a yellow baseball cap with the word “LOCO” in red letters embroidered on the front, dark-colored large square-framed sunglasses, a denim jacket with brown leather sleeves similar to a letterman’s jacket and a blue or black and white Hawaiian-style shirt under the jacket, police said.
Police said the man may also have an injury to his right palm that required stitches. Anyone with information is asked to call the police department’s investigations division at (530) 823-4237, extension 263.
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Search for at-risk missing person continues in Roseville
SacBee -- Placer County News @ January 5, 2009 # Comments Off
Helicopter patrols of Miner’s Ravine, an extensive creek area behind Sutter Roseville Medical Center, were carried out earlier today as Roseville police continue their search for Albert Cariaga, 39.
Cariaga (left photo) walked away from the hospital’s emergency room about 2:27 p.m. Wednesday after going there seeking help with what police describe as “depression-related issues.”
He was barefoot and only wearing a white T-shirt and gray sweatpants. Police have checked with the man’s local family members and so far he remains missing and at-risk, said Dee Dee Gunther, Roseville police spokeswoman.
Cariaga is 5-foot-7, weighing about 140 pounds.
Anyone with information about his whereabouts is asked to call the Roseville Police Department at (916) 774-5000.
– David Richie
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Suspected truck thieves arrested in Roseville
SacBee -- Placer County News @ January 5, 2009 # Comments Off
Roseville police arrested two men Friday who allegedly spotted an opportunity to steal a pickup truck and grabbed it.
The incident started about 9 a.m. when an employee of a used car lot on Riverside Avenue parked a 1997 GMC truck in an alley behind the business with its engine running, police said. It was gone when he came back about two minutes later. The theft was reported to local police.
The employee spotted the truck eastbound on Douglas Boulevard about 1 p.m. as he was eating lunch in Saugstad Park. He started following the vehicle while calling the car business for assistance from fellow employees. The employees caught up with the GMC truck near Elisa and Tina ways. A confrontation ensued between the car dealership employees and the truck driver. The driver drove at one of the employees and allegedly struck him before both suspects fled.
Roseville police found the men nearby. They arrested Bobby Joe Brand (left photo), 30, of Rocklin on suspicion of vehicle theft, assault with a deadly weapon and conspiracy. Police also determined that Brand is out on parole and he is now being held without bail in Placer County Jail.
Officers identified the second suspect as William Allerton Burns (right photo), 49, of Roseville. He was booked on suspicion of vehicle theft and conspiracy as well as a warrant for driving on a suspended license. Burns if being held in Placer County Jail with bail set at $22,500.
– David Richie
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Assault, bomb threat in Auburn land man in jail
Niesha Lofing @ January 5, 2009 # Comments Off
James Boutos.
A family feud that escalated into an assault, threatened bombing and, ultimately, a standoff with police in Auburn has landed a 59-year-old man in jail early this morning.
Auburn police were called at 4:50 p.m. Sunday to the Oakpoint Condominiums in the 700 block of Dorothy Way on a report of a man causing a disturbance, a police news release states.
James Boutos, who police believe is transient, is the nephew of a resident at the complex and allegedly threatened his uncle. The threats escalated into a physical assault, and Boutos allegedly brandished a knife and said that he had an explosive device he intended to detonate in the complex, the release states.
Officers evacuated the uncle and neighboring residents.
They also learned that Boutos had access to several firearms and the homemade bomb he had threatened to detonate, the release states.
The department’s SWAT Team helped officers who earlier had found the alleged bomb.
The Placer County Sheriff’s Department’s specialized explosives team responded and deployed their bomb robot to move the device to a safe location.
The team them destroyed the device, which was determined to be a fake, the release states.
After several hours of negotiations with authorities, Boutos was taken into custody about 2:30 a.m. today.
Boutos was arrested on suspicion of assault and battery, terrorist threats, brandishing a knife and possession of two facsimile explosive devices.
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State seeks comments on new septic system rules
SacBee -- Placer County News @ January 3, 2009 # Comments Off
Placer County has begun an informational campaign about proposed state regulations for septic systems.
The county, which has about 26,000 septic systems, is monitoring the proposals, which include requiring owners pay to have septic tanks inspected every five years at an estimated cost of $325 per inspection.
County spokeswoman Anita Yoder said the state Water Resources Control Board is seeking public comment by Feb. 9 on the regulations, which would take effect next year.
The county environmental health director, Jill Pahl, or a staff member will attend municipal advisory councils’ meetings throughout the county this month to discuss the proposals and hear from residents.
Next week’s municipal advisory councils meetings, which start at 7 p.m., are:
• Monday, Foresthill Veterans Memorial Hall, 24601 Harrison St., Foresthill.
• Wednesday, Eureka Union School District, 5455 Eureka Road, Granite Bay.
• Thursday, Placer Hills School, Room 22, 16801 Placer Hills Road, Meadow Vista.
• Thursday, Dry Creek Elementary School, 2955 PFE Road, Roseville.
For additional municipal advisory council meetings and their locations, call (530) 889-4010 or visit the county Web site, www.placer.ca.gov, and go to the Board of Supervisors page.
– Bob Walter
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Keep house numbers visible for emergency responders
SacBee -- Placer County News @ January 3, 2009 # Comments Off
With snowbanks and icicles hiding many house numbers – and even houses – in the Truckee area, emergency responders ask residents’ help in finding their homes.
“Don’t play hide-and-seek with your emergency-service providers,” Gene Welch, Truckee Fire District’s fire-prevention officer, said in a news release. “Keeping your numbers clear and visible helps us find you quickly when you need us.”
In addition to clearing snow and ice, residents should make sure the numbers are at least 3 inches high, of a color that contrasts with the background and are visible from the street at night.
Even with visible house numbers, it is important for 911 callers to remain on the line to provide additional information if needed, Welch said.
“Under stress, people tend to leave out important details,” he said, suggesting that residents keep their address and phone number in a note by the phone.
– Barbara Barte Osborn
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Retired firefighter killed by officers after Lincoln pursuit
Robert Faturechi @ January 1, 2009 # Comments Off
Police shot and killed a retired firefighter after a five-minute car chase that ended in Lincoln early today.
Jill Thompson, a Lincoln spokeswoman, said the car chase began about 1:15 a.m. after two California Highway Patrol officers spotted a vehicle that matched the description of one reported to be involved in an AM/PM Mini-Mart robbery in Rocklin earlier Wednesday night.
The CHP officers were joined by Rocklin police in a five-minute pursuit that ended on Fairway Valley Place near Sun Valley Loop, Thompson said.
After hitting a dead end, the driver jumped from his car holding a gun, Thompson said.
“The officers shot the suspect in self defense,” she said.
Gregory Gifford, 55, from Fair Oaks died at the scene. A local fire official confirmed that Gifford retired several years ago from the Sacramento County Fire District, which now is part of the Sacramento Metropolitan Fire District.
Thompson would not say how many shots were fired, how many officers fired their guns or which agency the officers who fired were from.
CHP could not be reached today for further comment.
The names of the four Rocklin police officers and two CHP officers involved in the pursuit have not been released. The Rocklin officers have been placed on administrative leave, a standard measure following fatal shootings, said Rocklin Police Department spokesman Lt. Lon Milka.
The Placer County District Attorney’s Office and the city of Lincoln will investigate the incident, Thompson said.
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