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Board Meeting Minutes — June 11, 2009

CALL TO ORDER

Board Chair James Miller called the meeting of the Contractors State License Board (CSLB) to order on June 11, 2009, at 8:00 a.m. in Garden Room I of the Hyatt Regency in Newport Beach, CA. A quorum was established.

Board Member Lisa Miller-Strunk’s son, Ethan Strunk, led the Board in the Pledge of Allegiance.

Board Members Present:
James Miller, Chair   Stephen Matich
Cynthia Mitchell, Vice Chair   Bernedette Medrano
Eddie Barnes, Secretary   Bruce Rust
Robert Brown    
Joan Hancock    
Matthew Kelly    
Louise Kirkbride    
Robert Lamb    
Ed Lang    
Lisa Miller-Strunk    
     
CSLB Staff Present:
Stephen Sands, Registrar Carlos Marquez, Enforcement
Cindi Christenson, Chief Deputy Registrar   Jackie Anderson, Enforcement
Don Chang, Legal Counsel (DCA)   Arturo Camacho, Enforcement
Michael Brown, Legislation   Adrian Fernandez, Enforcement
David Fogt, Enforcement   Libby Olinares, Enforcement
Rick Lopes, Public Affairs   Ubaldo Sanchez, Enforcement
Larry Parrott, Administration   Mary Winborne, Enforcement
Bob Porter, Testing   Jeanette Ayubi, Executive Office
Maria Kennedy-Guzman, Public Affairs    
   
CHAIR’S REMARKS AND BOARD MEMBER COMMENTS

Chair Miller recognized outgoing Board member Stephen Matich for his years of service on the Board, noting his extensive contributions to CSLB’s Legislative program. A joint legislative resolution was read into the record.

It was noted that CSLB will conduct its 100th Senior Scam Stopper (SSS) seminar on June 12, 2009, in Cerritos. The following were presented with certificates to recognize their dedication and participation in many of the prior seminars:

Maria Kennedy-Guzman, Carlos Marquez, Jeneece Hards, Jackie Anderson, Arturo Camacho, Adrian Fernandez, Libby Olinares, Ubaldo Sanchez, and Mary Winborne.

The Senior Scam Stopper program was created in 1999 to inform, educate and empower seniors and consumers against unlicensed or unscrupulous contractors, using a panel of experts, presentations, distribution of consumer publications, and spirited question and answer sessions.

Since the program’s inception, the Senior Scam Stopper seminars have been conducted or translated into five different languages with special attention given to ensure these events reach under-served communities.

These seminars demonstrate the power of partnerships as CSLB has teamed up with state and federal legislators, private groups, senior centers, community and faith-based organizations, law enforcement, and district attorney’s offices around the state.

PUBLIC COMMENT SESSION

Brian Lee, Building Official for the city of Whittier, expressed his appreciation to CSLB staff and requested we continue to develop and enhance the relationships between local building officials and CSLB’s SWIFT unit. A guide is being developed by Mr. Lee and will be provided to building officials; it addresses licensing requirements for contractors, architects, and engineers. Board Chair Miller expressed his appreciation to Mr. Lee for his efforts on the upcoming guide.

John Hakel, with Associated General Contractors of California (AGC), shared that AGC has been working with trade groups on the California Air Resources Board’s (CARB) off-road/on-road diesel regulations, and pending legislation regarding water permit language. Several contractors not affiliated with any particular associations are inquiring about the new legislation. AGC would like to coordinate efforts with CSLB’s Public Affairs marketing program to inform and notify contractors of the continuously changing compliance programs referenced.

Joe Kirkpatrick, Deputy Building Official for the city of Irvine, who drafts city enforcement policies, addressed the Board. He is currently updating Irvine’s policy for the new energy code that takes effect August 1, 2009, and would like to see regulations that require contractors to provide final inspection approval before final project payment. David Fogt commented that existing law requires that a permit be obtained prior to any work being initiated by a contractor, and clarified CSLB policies and procedures.

Miguel Ramirez, a CSLB license applicant, inquired about appealing a decision made by CSLB denying his application. Registrar Sands left the meeting for this portion of Public Comment session. Board members conferred with Mr. Ramirez about his concerns and David Fogt arranged to address the issue, assuring Mr. Ramirez he would contact him upon his return to CSLB headquarters. Steve Sands returned to the meeting.

  • Review and Approval of March 27, 2009, and April 23-24, 2009, Board Meeting Minutes
    • MOTION: A motion was made by Board Member Robert Lamb and seconded by Board Member Edward Barnes to approve the March 27, 2009, and April 23-24, 2009, Board Meeting Minutes.  The motion carried unanimously 10-0.
EXECUTIVE COMMITTEE REPORT

Board Chair Miller introduced Chief Deputy Registrar Cindi Christenson and Administration Chief Larry Parrott who provided the Executive Committee Report. Larry Parrott gave an overview of the update outlined in the Board meeting packet. The administration of exams for Enforcement personnel is now authorized directly by CSLB as a result of the Modernization of Human Resources program implemented by the Department of Consumer Affairs.

Cindi Christenson covered the Information Technology update, presenting the status of current activities, including the requirements to authorize computer modifications, enterprise architecture for energy savings relative to computer use, IT capital planning to consolidate services, the electronic payment project that is scheduled to begin in July, and the former iLicensing program—BreEZe, which is scheduled for cancellation with a revised Request for Proposal that is due in July.

Ms. Christenson presented an overview of the state budget status, which included detailed reports listed in the Board meeting packet. Three different fund conditions were reviewed. Registrar Sands discussed some of the effects of the Governor’s Executive Order S-13-09 (announced June 8, 2009) on programs and events scheduled by CSLB. At this point, CSLB contracts will be reduced by 15% and there is a reduction in manpower due to furloughs. The furloughs will require reevaluation of the priorities of staff requirements in both CSLB Enforcement and Licensing. Sam Abdulaziz, long term CSLB associate and contract lawyer of Abdulaziz, Grossbart and Rudman, inquired about the impact of the Executive Order on the Arbitration Mediation Conciliation Center (AMCC) contracts. Steve Sands reassured him that events will occur as scheduled. The three main priorities established by the Board encompass 1.) renewals, 2.) serious health and safety concerns, and 3.) license processing. CSLB efforts will concentrate in these areas despite restrictions imposed by the Executive Order.

Board member Kirkbride raised a concern about Board members who do not attend scheduled Board/Committee meetings and asked how the group can ensure that our Board is able to meet its quorum. Steve Sands explained the monthly reporting system in place with the Governor’s office. The Governor has discretion to take action on Board member attendance. During the budget crisis, all Board member appointments and/or reappointments will be suspended.

Registrar Sands reviewed CSLB’s Strategic Plan for fiscal year 2009-2010. Recommended Board revisions will be implemented and the following motion was requested:

  • Review and Approval of Strategic Plan for Fiscal Year 2009-2010
    • MOTION: A motion was made by Board Member Edward Barnes and seconded by Robert Lamb to approve the Strategic Plan for Fiscal Year 2009-2010. The motion carried unanimously, 10-0.
ELECTION OF BOARD OFFICERS

Board Chair Miller deferred to Nominating Committee Chair Matt Kelly to present this item. A motion was requested to approve the committee’s following recommendations:

  • Review and Approval of 2009-2010 Board Officers
    • MOTION: A motion was made by Board Member Louise Kirkbride and seconded by Board Member Ed Lang to approve the following officers:
      • Chair: Cynthia Mitchell
      • Vice Chair: Edward Barnes
      • Secretary: Robert Lamb
      • The motion carried unanimously, 10-0.
LEGISLATIVE COMMITTEE REPORT

Chair Miller introduced Legislative Chief Michael Brown to present the Legislative Committee Report. A motion was made to approve the Committee’s most recent report.

  • Review and Approval of March 23, 2009, Legislative Summary Report
    • MOTION: A motion was made by Board Member Ed Lang and seconded by Board Member Robert Lamb to approve the March 23, 2009, Legislative Summary Report. The motion carried unanimously, 10-0.
Review and Consideration of Proposed Legislation

Mike Brown highlighted the status of AB 457, AB 1074, AB 370, AB 484, SB 258, SB 389, SB 392 and SB 405. Details of SB 392 were presented, including a reference to technical amendments that are required for the bill. Also, AB 880 (Niello) was highlighted regarding prefabricated homes built off-site by manufacturers who are currently not required to be licensed. Mr. Brown explained that AB 880 would require such manufacturers to be licensed by CLSB. He noted that CSLB disciplines contractors based on a failure to properly complete improvements, and the manufacturers to which AB 880 would apply do not contract for installation of improvements. Therefore, CSLB regulation of such projects is completely impractical given the legal framework inherent in the Contractors License Law. Currently, there is no regulatory agency for this industry and the bill, as written, is not enforceable. It was noted that AB 880 has stalled, but the author’s office indicated there is another bill that could be used if the author determined that the provisions of AB 880 should move forward in the legislative process. Consequently, Mr. Brown requested that the Board adopt the following position in the event the provisions of AB 880 were amended into another bill: “opposed to the licensing concept in AB 880.” CSLB has proposed amendments to the bill and Mr. Brown requested that the Board allow staff to continue working with the author’s office.

  • Approval of Position; "Oppose Licensing Concept" in AB 880
    • MOTION: A motion was made by Board Member Joan Hancock and seconded by Board Member Edward Barnes to oppose AB 880 relative to the licensing concept as presented. The motion carried unanimously, 10-0.
  • Review and Consideration of Construction Management Education Account (CMEA) Committee Proposal Regarding Grants to Qualifying Baccalaureate Programs
    • MOTION: A motion was made by Board Member Robert Lamb and seconded by Board Member Ed Lang to adopt the CMEA Advisory Committee’s recommendation to disburse $150,000 from the Construction Management Education Account by awarding grants to each qualifying institution in proportion to the number of graduates of the qualifying institution. The application must be received by the deadline set by the Registrar. The motion carried unanimously, 10-0.
ENFORCEMENT COMMITTEE REPORT

Enforcement Committee Chair Bob Lamb asked for a motion on the following:

  • Review and Approval of March 19, 2009, and May 26, 2009, Enforcement Committee Summary Reports
    • MOTION: A motion was made by Board Member Edward Barnes and seconded by Matt Kelly to approve the March 19, 2009, and May 26, 2009, Enforcement Committee Summary Reports. The motion carried unanimously, 10-0.

Committee Chair Bob Lamb presented an overview of the Enforcement Committee and asked David Fogt to review the Enforcement Program update. Mr. Fogt highlighted a solar contractor who is being investigated and the various counties affected by similar incidents. Enforcement and Licensing will be partnering to provide the counties with license and contract requirements to address unfair business practices and applicable criminal prosecutions in this industry.

During the recent District Attorney Consumer Protection Roundtable discussion, David Fogt told DA offices that CSLB proposes license revocation upon sentencing during instances of prosecutions involving criminal convictions. Enforcement’s SWIFT unit’s Joint Enforcement Strikeforce and Economic and Employment Enforcement Coalition’s (EEEC) achievements were discussed and presented, identifying their different missions.

David Fogt reviewed the recent procedures implemented as a result of mandates executed in accordance with amended Labor Code Section 3099.2. On behalf of California Association of Building Officials (CALBO) and local building officials, Brian Lee, city of Whittier, publicly addressed the Board with concern about health and safety issues derived from poor workmanship that is not performed to code as written by the Building Standards Commission. Mr. Lee believes development of relationships between local officials and CSLB staff with the use of marketing publications will help preempt much of the unlicensed activity and sub-par construction projects.

  • Review and Approval of Staff and California Building Officials (CALBO) Recommendations to Increase Permit Enforcement
    • MOTION: A motion was made by Board Member Edward Barnes and seconded by Board Member Ed Lang to approve the Staff and CALBO recommendations to increase permit enforcement. The motion carried unanimously, 10-0.

An update was provided regarding the Memorandum of Understanding between CSLB and the California Division of Apprenticeship Standards (DAS) on the enforcement of the electrician certification that was recently approved for implementation on July 1, 2009.

LICENSING COMMITTEE REPORT

Board member Ed Lang offered a summary of the Licensing Committee report, then introduced Cindi Christenson to present the Committee’s Licensing Program Update. A motion was requested for the following:

  • Review and Approval of March 27, 2009, Licensing Committee Summary Report
    • MOTION: A motion was made by Board Member Edward Barnes and seconded by Board Member Matt Kelly to approve the March 27, 2009, Licensing Committee Summary Report. The motion carried unanimously, 10-0.

Ed Lang reviewed the Licensing Program update that highlighted statistics and accomplishments of the various units of the Licensing Division. Mr. Lang introduced Testing Chief Bob Porter to summarize the Testing Division update. Mr. Porter reviewed site locations under consideration and staffing concerns.

Cindi Christenson summarized Agenda Item H-4, and requested the following motion:

  • Review and Approval of Proposed Regulatory Changes to California Code of Regulations
    • MOTION: A motion was made by Board Member Matt Kelly and seconded by Board Member Robert Lamb that the Board concurs with the staff recommendations regarding the proposed regulations and hereby adopts the proposed changes to the California Code of Regulations, Section 832.45, Class C-45 – Electrical Sign Contractor; 832.46, C-46 – Solar Contractor; 842, Applicants May be Re-Examined, and Section 861, License Number Required in Advertising; and gives the Registrar the authority to make non-substantive changes as necessary in relation to the processing of this proposed regulatory package. The motion carried unanimously, 10-0.

A discussion ensued concerning the solar contractor proposed changes for C-46 licensees and the examinations provided by CSLB.

PUBLIC AFFAIRS COMMITTEE REPORT

Committee Chair Bob Brown and Public Affairs Chief Rick Lopes presented an overview of the Committee’s program update. Request for a motion was made as follows:

  • Review and Approval of March 27, 2009, Public Affairs Committee Report
    • MOTION: A motion was made by Board Member Joan Hancock and seconded by Board Member Robert Lamb to approve the March 27, 2009, Public Affairs Committee Summary Report. The motion carried unanimously, 10-0.

Bob Brown provided highlights of the Public Affairs update. Public Affairs Chief Rick Lopes discussed CSLB’s marketing program including radio, television, Internet, and print advertising. The radio and television campaigns were presented to the Board. During the set up of the television ad for Board viewing, Registrar Sands presented an overview of the tentative schedule; the ad was subsequently shown.

REVIEW OF TENTATIVE SCHEDULE

Steve Sands reviewed the status of upcoming Board Meetings. A September date will be provided for the next Board Meeting to be held at The Claremont in Berkeley. A Design and Construction Meeting PACT is still under consideration for November. CSLB is coordinating with the National Association of Contractors Licensing Agencies (NASCLA) to hold our Board Meeting during their annual conference, scheduled in March 2010. DCA has proposed a PACT Summit in July. Board member Louise Kirkbride requested standardized dates for future board meetings. Steve Sands said he will suggest that the Executive Committee review this concept again.

ADJOURNMENT

Board Chair Miller adjourned the Board Meeting at 11:05 a.m.

 

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