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Board Meeting Minutes — September 10, 2008

A formal reception was held prior to the meeting to dedicate the CSLB Hearing Room in honor of John C. Hall, former board member. Board Chair Jim Miller, along with Board members Bob Lamb, Eddie Barnes and former Board member Larry Booth, were among those who gave tribute, along with John’s friends and colleagues.

Mr. Hall served on the Board from 2000 until his death in February 2006. He served as Chair of the Enforcement and Legislative Committees. In 2004, Mr. Hall was elected Board Secretary; in 2005 he was elected Vice Chair.

CALL TO ORDER

Board Chair Jim Miller called the meeting of the Contractors State License Board (CSLB) to order on September 10, 2008, at 9:00 a.m. at CSLB’s John C. Hall Hearing Room in Sacramento. A quorum was established.

Board Secretary Eddie Barnes led the Board in the Pledge of Allegiance. Board members, staff, and members of the audience introduced themselves.

Board Members Present: Board Members Absent:
Eddie Barnes   Bernedette Medrano
Robert Brown    
Joan Hancock    
Matthew Kelly    
Louise Kirkbride    
Robert Lamb    
Ed Lang    
Stephen Matich    
James Miller    
Lisa Miller-Strunk    
Cynthia Mitchell    
Bruce Rust    
     
CSLB Staff Present:
Stephen Sands, Registrar Heidi Lincer-Hill, Testing
Denise Brown, Chief Deputy Registrar   Rick Lopes, Public Affairs
Don Chang, Legal Counsel (DCA)   Karen Ollinger, Licensing
Michael Brown, Legislature   Bob Porter, Testing
Jonathan Buttle, Budget Analyst   Peter Sugar, Enforcement
Amy Cox-O'Farrell, Info Technology   Jeanette Ayubi, Executive Office
David Fogt, Enforcement    
CHAIR’S REMARKS AND BOARD MEMBER COMMENTS

Board Chair Jim Miller welcomed everyone to the Sacramento meeting. Mr. Miller introduced past Board Member John O’Rourke and presented him with a Plaque of Appreciation, which thanked him for his service to the Board. Mr. Miller also presented him with an Assembly Resolution from the Honorable Fabien Nunez, former Speaker of the California State Assembly.

Mr. Miller introduced Ed Backstrom, a CSLB employee in the Licensing Unit, who has worked for the Board since 1978 and is now retiring. Mr. Backstrom was presented a Resolution and a Plaque of Appreciation to thank him for his years of service.

PUBLIC COMMENT SESSION

Joan Pally, Contractors University, had questions regarding the license application process, the testing process, and some bond issues.

David Kalb, Capital Services, praised Ed Backstrom for his exceptional work at the CSLB and said that he will be missed. Mr. Kalb also stated that he was disappointed with the loss of CSLB staff (retired annuitants, student assistants, and intermittents) due to the State’s budget problems. He hoped they could be hired back as soon as possible.

Roland Angle, a contractor, discussed the problems and issues he had with the Licensing Division regarding some education and work experience not being credited towards an employee who is seeking a contractor’s license.

Cindy Christensen, Executive Officer/Engineers and Surveyors Board, praised and thanked Registrar Steve Sands and Chief of Enforcement David Fogt for their help with issues that had impacted the Engineers Board.

Spencer Walker, Advisor to the Director of DCA, thanked the Board for agreeing to participate in November’s upcoming summit. In addition to the training courses, Mr. Walker said it should be an excellent opportunity for networking with other Board Members.

APPROVAL OF THE JUNE 19, 2008 BOARD MEETING MINUTES
  • MOTION:  A motion was made by Bob Lamb to approve the June 19, 2008 Board Meeting Minutes. A second was made by Ed Lang. Motion was carried 12-0.
INDUSTRY UPDATE

Board Chair Jim Miller introduced Erik White from the Air Resources Board, who had been invited to speak to the Board. Mr. White spoke about California’s air quality challenge and the new regulations regarding clean-up of the off-road diesel fleet in northern California. After a detailed presentation, Mr. White answered questions from Board Members and audience members.

LEGISLATIVE COMMITTEE UPDATE

Update on Legislation

Legislative Committee Chair Stephen Matich provided an overview of legislation and CSLB’s positions.

Review of Legislative Process for 2009-2010

Chief of Legislation Mike Brown reviewed the Legislative Process for 2009-2010, including timelines and deadlines.

  • Approval of Construction Management Education Account Advisory Committee
    • MOTION:  A motion was made by Matt Kelly to approve the Construction Management Education Account Advisory Committee. A second was made by Bob Lamb. Motion was carried 12-0.
ENFORCEMENT COMMITTEE REPORT

Enforcement Committee Chair Bob Lamb gave an overview of the Enforcement Committee Report.

  • Approval of August 29, 2008 Enforcement Committee Summary Report

    • MOTION:  A motion was made by Ed Lang to approve the August 29, 2008 Enforcement Committee Summary Report. A second was made by Eddie Barnes. Motion was carried 12-0.

Enforcement Program Update

Chief of Enforcement David Fogt presented the Enforcement Update. Mr. Fogt reported that there are nine vacancies in the Enforcement Unit and seven vacancies in the SWIFT Unit. CSLB is unable to hire at this time due to the Governor’s hiring freeze. Staff continues to advertise and recruit for vacant positions so that job offers can be quickly made once the budget is signed and the hiring freeze is lifted.

The Southern SWIFT Staff partnered with the Department of Insurance and the San Diego Sheriff’s Department for a two-day sting operation in San Marcos on August 20-21. The successful sting arrested 40 unlicensed operators.

A master calendar has been created for the Enforcement Program and is now being used. A database has been designed to maintain a training record for the training of all CSLB Enforcement personnel.

Chief of Organizational Development Peter Sugar updated the Board on the following projects: staff development, new Central Valley Swift office, Model Office program, standardized electronic reporting, and training.

LICENSING COMMITTEE REPORT

Licensing Committee Chair Ed Lang presented an overview of the Licensing Committee Report. He reported that the San Jose Testing Center had to be closed due to the Governor’s Executive Order because this Testing Center was staffed by proctors. The Consumer Satisfaction Survey was put on hold because it was staffed by students. Exam development was impacted because subject matter experts who assist with exam development cannot be hired.

  • Approval of August 21, 2008 Licensing Committee Summary Report
    • MOTION:  A motion was made by Bob Lamb to approve the August 21, 2008 Licensing Committee Summary Report. A second was made by Bob Brown. Motion was carried 12-0.

Approval of Recommendation to Not Amend CSLB Classification System to Create Interlocking Paving Stone Installation Classification

Chief of Licensing Karen Ollinger updated the Board regarding the Interlocking Paving Stone Installation Classification. The Interlocking Concrete Pavement Institute has requested that the Contractors State License Board investigate whether an additional specialty classification should be created for their industry. Contractors who want to install interlocking concrete paving stones are currently placed in the Masonry (C-29) or Concrete-Related Services (C-61/D-06) Classification.

Testing Manager Heidi Lincer-Hill explained the Testing Process. She explained that from a test development perspective, the creation of a new classification must have sufficient non-overlapping knowledge, such that a unique test can be created.

In summary, the installation of interlocking concrete paving stones currently is best fit into the C-29 or the C-61/D06 classification. The contractors and the public are best served by maintaining the CSLB’s existing classification system.

  • MOTION:  A motion was made by Eddie Barnes to approve the Recommendation to Not Amend the CSLB Classification System to Create Interlocking Paving Stone Installation Classification. A second was made by Bob Lamb. Motion failed 3-8-1.
  • MOTION:  A motion was made by Matt Kelly to table the Recommendation to Not Amend the CSLB Classification System to Create Interlocking Paving Stone Installation Classification. A second was made by Joan Hancock. Motion carried 9-2-1.

Preliminary Approval of Recommendation to Amend California Code of Regulations, Section 832.45, Electrical Sign Contractor and Title and Description Change to the C61/D42 Limited Specialty Classification

At the June 3, 2008, Executive Committee Meeting, the California Sign Association requested that the definition of the C-45/Electrical Sign classification be clarified to eliminate any confusion over the scope of work for this license category.

  • MOTION:  A motion was made by Eddie Barnes to approve the Preliminary Approval of Recommendation to Amend California Code of Regulations, Section 832.45. A second was made by Matt Kelly. Motion was carried 12-0.

Preliminary Approval of Proposed Regulatory Changes to California Code of Regulations, Section 842, Applicants May Be Re-Examined, and Section 861, License Number Required in Advertising

  • MOTION:  A motion was made by Bob Lamb to approve the Preliminary Approval of Proposed Regulatory Changes to California Code of Regulations, Section 842. A second was made by Matt Kelly. Motion was carried 12-0.

Licensing Program Update

Licensing Committee Chair Ed Lang gave an overview of the Licensing Charts, the License Application workload, the Licensing Information Center update, and the Fingerprint Unit update.

Testing Division Update

Chief of Testing Bob Porter briefed the Board. Due to the Governor’s Executive Order and the budget problems, the San Jose Test Center has been closed and the applicants have been redirected to other test centers. With the opening of the new, larger testing centers in Norwalk and San Bernardino, the current wait time for a test date is three weeks.

The Testing Division has two vacant positions. Six new examinations have been completed recently: C-21, C-45, C-46, C-55, C-57, and HAZ (Hazardous Substance Removal Certification).

PUBLIC AFFAIRS COMMITTEE REPORT

Public Affairs Committee Chair Bob Brown gave an overview of the Public Affairs Committee Report.

  • Approval of August 29, 2008 Public Affairs Committee Summary Report
    • MOTION:  A motion was made by Bob Lamb to approve the August 29, 2008 Public Affairs Committee Summary Report. A second was made by Louise Kirkbride. Motion was carried 12-0.

Public Affairs Program Update

Chief of Public Affairs Rick Lopes updated the Board. The Governor’s Executive Order had a significant impact on PAO operations. PAO was forced to lay off two people, one Retired Annuitant and one Student Assistant. In addition, the contract for advertising/public relations services with Astone/Crocker/Flanagan has been suspended. Also suspended are the Public Awareness and Education campaign, consumer & licensee research project, partnership program, Employee Wellness program, and disaster victim interactive video project.

Despite the state budget impasse, the PAO is continuing its goal of providing educational materials to consumers and contractors through an internal campaign to update all CSLB publications. The PAO’s request for a Budget Change Proposal (BCP) has been denied at this time. The money would have funded a pilot project that would educate consumers about unlicensed contractors in California.

EXECUTIVE COMMITTEE REPORT

Executive Committee Chair Jim Miller asked Denise Brown to update the Board.

Administrative and Information Technology Program Updates

Chief Deputy Registrar Denise Brown reported that DCA has given approval to CSLB for Personnel Management Delegation of various personnel functions. DCA will evaluate the effectiveness of the pilot program after one year to determine if full delegation can be issued to the Board on a permanent basis.

With the signing of the Governor’s Executive Order, the Board halted all hiring, transfers, and promotions. CSLB terminated the services of 38 temporary employees and 26 proctors and furloughed six permanent intermittent employees.

Chief of Information Technology Amy Cox-O’Farrell reported that CSLB’s Web conversion is 70% completed at this time. It is anticipated that total conversion will be implemented by October 2008. Within the next eight months, the computers/laptops will be upgraded to Microsoft Office 2007. Training will be conducted for all staff. IT is also virtualizing the majority of the servers.

Budget Update

Budget Analyst Jonathan Buttle reviewed and explained the budget charts in the board packet. The CSLB staff had submitted several budget change proposals to the State and Consumer Services Agency. All but one BCP was denied. The Construction Management Education Account (CMEA) which established permanent grant authority was approved.

2008-2009 Strategic Plan Update

Registrar Steve Sands asked each Division Chief (Licensing, Enforcement, Public Affairs, Legislation, and Administration) to update the Board regarding the Strategic Plan for each division.

Review of Tentative Schedule

Registrar Steve Sands announced that the next CSLB Board Meeting will be held in Los Angeles at the Westin Los Angeles Airport Hotel on November 20, 2008.

He also informed the Board that the February Board Meeting would be held in San Diego, the April Board/Strategic Planning Meeting would be held in Monterey, and the June Board Meeting would be held in Orange County.

Meeting Adjourned

The Board Meeting adjourned at 12:30 p.m.

 

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