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Board Meeting Minutes — November 9, 2010

CALL TO ORDER

Board Chair Lisa Miller-Strunk called the meeting of the Contractors State License Board (CSLB) to order at 9:00 a.m. on November 9, 2010, in the Spanish Art Gallery at the Mission Inn, 3649 Mission Inn Ave, Riverside, CA 92501. A quorum was established.

Board Secretary Paul Schifino led the Board in the Pledge of Allegiance.

Board Members Present:
Lisa Miller-Strunk, Chair   Louise Kirkbride
Paul Schifino, Secretary   Ed Lang
Eddie Barnes, Past Chair   James Miller 
Matthew Kelly   Cynthia Mitchell
Joan Hancock   Bruce Rust
Pastor Herrera Jr.   Mark A. Thurman
Ruben Zuniga    
     
Board Members Excused:
Robert Lamb   Robert Brown
     
DCA/CSLB Staff Present:
Stephen Sands, Registrar   David Fogt, Enforcement
Cindi Christenson, Chief Deputy Registrar   Rick Lopes, Public Affairs
Don Chang, DCA Legal Counsel   Karen Ollinger, Licensing
Michael Brown, Legislation             Ana Rodriguez, Enforcement
Jonathan Buttle, Executive              Heidi Lincer-Hill, Testing
Amy Cox-O’Farrell, Information Technology    


CHAIR'S REMARKS AND BOARD MEMBER COMMENTS

Board Member Pastor Herrera commended Jason Piccione, CSLB IT staff, for his recent presentation to the California Consumer Affairs Association.

PUBLIC COMMENT SESSION

Attorney Joanne Leighton, Artiano & Associates, expressed concerns with the proposed legislation regarding referral fees. Ms. Leighton represents clients working for water restoration companies who are concerned with contractors offering referral fees to plumbing companies.

Kimberley Kirchmeyer, DCA Deputy Director for Board and Bureau Relations, provided DCA updates on behalf of DCA Director Brian Stiger. As part of the Consumer Protection Enforcement Initiative, performance measurements will now be posted to DCA’s and CSLB’s website. Ms. Kirchmeyer also briefed the Board on the BreEZe project and thanked Registrar Sands for allowing his staff to be a part of the development of this project. The vendor selection should be complete by July 2011. She also commented on the Licensing for Job Creation initiative that began in March. Phase one is now complete and has been presented to the State and Consumer Services Agency and the Governor’s Office.

Contractor Al Plevney asked the Board to review a recent decision against his license. The Board agreed to appoint two Board members to review his case.

Steve Samaniego, consumer, expressed concerns with the timeliness in handling his complaint. Mr. Samaniego and his family have been displaced from his home and filed a complaint with CSLB seven months ago. Mr. Samaniego’s concerns were referred to Enforcement Chief David Fogt who committed to personally following up on his complaint.

REVIEW AND APPROVAL OF AUGUST 26, 2010 BOARD MEETING MINUTES
  • Motion to Approve August 26, 2010 Board Meeting Minutes
    • MOTION: A motion was made by Board Member Joan Hancock and seconded by Board Member Ruben Zuniga to approve the August 26, 2010 Board Meeting Minutes. The motion carried unanimously, 13-0.
LEGISLATIVE COMMITTEE REPORT

Chair Mark A. Thurman introduced Chief Michael Brown to present the Legislative Committee report.

  1. Review and Approval of Legislative Committee Summary Report
    • Motion to Approve October 20, 2010 Legislative Committee Summary Report
      • MOTION: A motion was made by Board Member Joan Hancock and seconded by Board Member Ruben Zuniga to approve the October 20, 2010 Legislative Committee Summary Report. The motion carried unanimously, 13-0
  2. Report on 2009 – 2010 Legislation
    • Chair Mark A. Thurman congratulated staff on the passing of SB1254. Chief Brown provided a summary of the report.
  3. Consideration of Proposals for the Upcoming Legislative Session
    1. Amend the Contractors’ State License Law provisions that control the notification requirements and the suspension dates related to the disassociation of license qualifiers.
      • Motion to Approve Legislative Proposal E – 3A
        • MOTION: A motion was made by Board Member Pastor Herrera and seconded by Board Member Ruben Zuniga. The motion carried unanimously, 13-0.
    2. Amend the Contractors’ State License Law to authorize CSLB indemnification of Industry Experts named as a party to civil litigation.
      • Motion to Approve Legislative Proposal E – 3B
        • MOTION: A motion was made by Board Member Matt Kelly and seconded by Board Member Paul Schifino. The motion carried unanimously, 13-0.
    3. Amend the Contractors’ State License Law to require execution of a workers’ compensation insurance exemption certification at license renewal if the licensee has no worker’s compensation insurance coverage on file.
      • Motion to Approve Legislative Proposal E – 3C
        • MOTION: A motion was made by Board Member Matt Kelly and seconded by Board Member Ed Lang. The motion carried unanimously, 13-0.
    4. Amend the Contractors’ State License Law to clarify that offering, providing or accepting referral fees for home improvement services is prohibited.
      • Motion to Approve Legislative Proposal E – 3D
        • MOTION: A motion was made by Board Member Matt Kelly and seconded by Board Member Joan Hancock. The motion carried unanimously, 13-0.

          Josh Gruenbaum, Restoration Training & Technology, expressed concerns over licensed contractors offering and accepting referral fees. In an effort to remove any ambiguity in the language from the proposal, the Board committed to discussing the verbiage that will be submitted in the proposal with DCA legal counsel. The Board agreed that the concept and intent of the legislative proposal is to prohibit the payment of referral fees. Board Member Louise Kirkbride requested that the proposed language be placed on CSLB’s website for members of the public could to review.

          Dan Hartwell, contractor, commended Enforcement Chief David Fogt and the Board for their dedication in drafting the legislative proposal and enforcing the prohibition of referral fees.

    5. Amend Vehicle Code Section 1808.4 to include CSLB investigative staff in the list of state employees whose personal addresses are to remain confidential.
      • Motion to Approve Legislative Proposal E – 3E
        • MOTION: A motion was made by Board Member Eddie Barnes and seconded by Board Member Ed Lang. The motion carried unanimously, 13-0.
    6. Cleanup amendments for Business and Professions Code Sections 7027, 7030, 7058.1 7058.6 7058.8, 7066.5 and 7141.5.
      • Motion to Approve Legislative Proposal E – 3F
        • MOTION: A motion was made by Board Member Eddie Barnes and seconded by Board Member Pastor Herrera. The motion carried unanimously, 13-0.
LICENSING COMMITTEE REPORT

Chair Lisa Miller-Strunk introduced Licensing Committee Chair Joan Hancock and Licensing Chief Karen Ollinger to present the Licensing Committee report.

  1. Review and Approval of Licensing Committee Summary Report
    • Motion to Approve October 20, 2010 Licensing Committee Summary Report
      • MOTION: A motion was made by Board Member Ed Lang and seconded by Board Member Bruce Rust to approve the October 20, 2010 Licensing Committee Summary Report. The motion carried unanimously, 13-0.
  2. Licensing Program Update
    • Ms. Ollinger provided updates on workload and processing times in the licensing application units. Ms. Ollinger provided a summary on the implementation of the new Automated Call Distribution (ACD) phone system. She also reviewed the Judgment Unit Update, located in the Board packet.
  3. Testing Division Update
    • Testing Development Manager Heidi Lincer-Hill provided updates on examination wait times, vacant staff positions, occupation analyses currently in progress and examination development. In an effort to increase the timeliness and reduce the cost of the annual Consumer Satisfaction Surveys, the Testing division has completed the first batch of surveys using SurveyMonkey™ and has received a notable increase in consumer responses. Per SB1491, the asbestos open book exam will be available online beginning in February 2011.
  4. Exam Development Briefing
    • This item was postponed for a future Board meeting. Manager Heidi Lincer-Hill will provide a PowerPoint presentation demonstrating the exam development process at a future date.
  5. Review and Approval of Construction Management Education Account Committee Proposal Regarding Grants to Qualifying Programs
    • Chief Ollinger provided a summary of the Notice of Intent to award grants pursuant to the Construction Management Education Sponsorship Act of 1991. Pursuant to the recommendations of the committee, Registrar Stephen Sands intends to issue almost $150,000 in grants to various programs statewide.
    • Motion to Approve the Construction Management Education Account Committee Proposal Regarding Grants to Qualifying Programs
      • MOTION: A motion was made by Board Member Matt Kelly and seconded by Board Member Jim Miller. The motion carried unanimously, 13-0.
PUBLIC AFFAIRS COMMITTEE REPORT

Chair Lisa Miller-Strunk introduced Public Affairs Committee Chair Eddie Barnes and Public Affairs Chief Rick Lopes to present the Public Affairs Committee report.

  1. Review and Approval of Public Affairs Committee Summary Report
    • Motion to Approve October 20, 2010 Public Affairs Committee Summary Report
      • MOTION: A motion was made by Board Member Matt Kelly and seconded by Board Member Paul Schifino to approve the October 20, 2010 Public Affairs Committee Summary Report. The motion carried unanimously, 13-0.
  2. Public Affairs Update
    • Chair Barnes provided updates on community outreach, consumer expos,and the emergency response efforts in the San Bruno explosion. Chief Lopes updated the Board on the opt-in licensee search system. This is a priority for the committee and staff is currently working with IT staff on this project. Chief Lopes also provided a summary on the California Blitz. Board members Joan Hancock and Matt Kelly were able to attend the West Sacramento sting press event.
ENFORCEMENT COMMITTEE REPORT

Chair Lisa Miller-Strunk introduced Enforcement Committee Chair Ed Lang and Enforcement Chief David Fogt to present the Enforcement Committee report. Chair Ed Lang briefed the Board on a recent meeting he held with the Central Valley Investigative Center and SWIFT staff. He thanked Board Member Cindy Mitchell for her participation in a recent EEEC sweep and encouraged all Board members to meet with staff in field offices.

  1. Review and Approval of Enforcement Committee Summary Report
    • Motion to Approve October 12, 2010 Enforcement Committee Summary Report
      • MOTION: A motion was made by Board Member Bruce Rust and seconded by Board Member Mark Thurman to approve the October 12, 2010 Enforcement Committee Summary Report. The motion carried unanimously, 13-0.
  2. Enforcement Program Update
    • Mr. Lang introduced Chief Fogt, who provided the Enforcement update. Mr. Fogt reported on Enforcement’s Intake/Mediation Centers, Investigative Centers, Case Management Unit, and SWIFT highlights.
  3. Proactive Investigation Update
    • Chief Fogt provided updates on the implementation of SB1254. Vacant positions will be identified and reclassified as Peace Officer positions. Enforcement staff will need to be properly trained to issue stop work orders. Chief Fogt also provided a summary of proposed process changes for proactive enforcement.
  4. Review and Approval of Proposed Precedential Decision Regarding Aiding and Abetting an Unlicensed Person
    • Supervising Deputy Attorney General Marc Greenbaum provided an update on the proposed precedential decision. The decision has been placed on hold because the respondent filed a writ of mandate. Once Superior Court renders a decision, the Board may revisit the proposed decision, depending on the Court’s decision.
EXECUTIVE COMMITTEE REPORT
  1. Review and Approval of October 14, 2010 Executive Committee Summary Report
    • Motion to Approve October 14, 2010 Executive Committee Summary Report
      • MOTION: A motion was made by Board Member Ed Lang and seconded by Board Member Pastor Herrera to approve the October 14, 2010 Executive Committee Summary Report. The motion carried unanimously, 13-0.
    • Ms. Christenson began the Administration Program Update by reporting on personnel updates, the IWAS unit, and the Business Services Office. IT Chief Amy Cox-O’Farrell provided the Information Technology update, mentioning electronic payment, the Automated Call Distribution (ACD) System, pocket card equipment replacement, and the new centralized e-mailing system.
  2. Review and Approval of Recommended Changes to Board Member Administrative Procedure Manual
    • >Chair Lisa Miller-Strunk introduced Chief Deputy Registrar Cindi Christenson and DCA Legal Council Don Chang, who reviewed recommended changes to the Board Member Administrative Procedure Manual. Mr. Chang reiterated the importance of Board Members using caution when discussing Board business with other Board members outside of a board meeting or reaching a collective decision regarding motions presented to the board. Mr. Chang also reminded Board members that only members of a committee can actively participate at committee meetings. Non-committee Board members can attend as observers, but they can not ask questions, participate in any discussions, or sit on the panel.
    • Ms. Christenson reviewed the five recommended changes to the Board Member Administrative Procedure Manual. A few Board members expressed concerns with the recommendation relating to changing the procedures for nomination of officers. The Board agreed to move forward with the motion with the exception of the change to the Nomination of Officers.
    • Motion to Approve Recommended Changes to the Board Member Administrative Procedure Manual with the exception of the language addressing the Nominating Committee
      • MOTION: A motion was made by Board Member Matt Kelly and seconded by Board Member Joan Hancock to approve the recommended changes to the Board Member Administrative Procedure Manual. The motion carried unanimously, 13-0.
  3. Administrative and Information Technology Program Update
    • Ms. Christenson began the Administration Program Update by reporting on personnel updates and the Business Services Office update. IT Chief Amy Cox-O’Farrell provided the Information Technology update, summarizing the electronic payment, the ACD system, pocket card equipment replacement, and BreEZe updates.
  4. Budget Update
    • >Budget Analyst Jonathan Buttle briefed the Board on the current budget status, which included detailed reports located in the Board packet.
REVIEW OF TENTATIVE SCHEDULE

Mr. Sands reviewed upcoming Board meetings. The next meeting will be held at the San Francisco Hilton Financial District in February.

ADJOURNMENT

Board Chair Miller-Strunk adjourned the Board meeting at 12:15 p.m.

 

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