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Board Meeting Minutes — June 7, 2011

Tuesday June 7, 2011

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 June 7, 2011, in the Baycliff Meeting Room at the Newport Beach Marriott Hotel and Spa, 900 Newport Center Drive, Newport Beach, CA 92660. A quorum was established. Chair Miller-Strunk announced that CSLB would be holding a joint meeting with the Nevada Contractors Board.

Nevada Board Member Kevin Burke led the Board in the Pledge of Allegiance.

Board Members Present:
Lisa Miller-Strunk, Chair   Matthew Kelly
Robert Lamb, Vice Chair   Louise Kirkbride
Paul Schifino, Secretary   Ed Lang
Robert Brown   James Miller
Dave Dias   Cynthia Mitchell
Joan Hancock   Mark A. Thurman
Pastor Herrera Jr.    
Board Members Excused:
Bruce Rust  
Nevada Board Members Present:
Kevin Burke, Chairman   Nathaniel W. Hodgson III
Thomas “Jim” Alexander   William “Bruce” King
Donald Drake   Guy M. Wells
     
DCA/CSLB Staff Present:
Stephen Sands, Registrar   Tara Maggi, Executive
Cindi Christenson, Chief Deputy Registrar   Karen Ollinger, Licensing
Don Chang, Legal Counsel (DCA)   Brian Stiger, DCA Acting Director
David Fogt, Enforcement   Taryn Smith, Senate
Rick Lopes, Public Affairs   Anthony Williams, Senate
CHAIR’S REMARKS AND BOARD MEMBER COMMENTS

Board Chair Lisa Miller-Strunk opened the meeting by welcoming the Nevada State License Board, chaired by Kevin Burke. Ms. Miller-Strunk informed the Board about training sessions that she attended and encouraged other Board members to attend these training sessions. She also referenced a very productive Strategic Planning session that was held in April. Brian Stiger, acting Director of the Department of Consumer Affairs (DCA) provided an update on DCA issues of Board member interest.

PUBLIC COMMENT SESSION

Public comment was made during the Enforcement Program Update by Mr. Bill Dildaine, who commended the Enforcement division for its efforts with little to no budget. Mr. Dildaine also applauded the Board for holding such effective meetings.

REVIEW AND APPROVAL OF APRIL 13-14, 2011 BOARD MEETING MINUTES
  • Motion to Approve April 13-14, 2011 Board Meeting Minutes
  • MOTION: A motion was made by Board Member Pastor Herrera and seconded by Board Member Ed Lang to approve the April 13-14, 2011 Board Meeting Minutes. The motion carried unanimously, 13-0.
ENFORCEMENT COMMITTEE REPORT

Chair Ed Lang provided the Board with updates on training and complaint-handling time frames within the Enforcement division. He then introduced Enforcement Chief David Fogt, who provided the Enforcement Program Update.

  1. Enforcement Program Update
    Mr. Fogt reported on Enforcement staffing vacancies, noting that the Sacramento office has the most open positions. He also detailed activity in the Intake/Mediation Centers, Investigative Centers, Case Management, and SWIFT. Mr. Fogt also touched on general complaint-handling statistics.
  2. New Enforcement Initiatives
    Chief Fogt advised the Board that the program regarding Stop Orders is proving to be quite successful. He also provided updates on the current successes of the Three-City Pilot Program, Partnering Agency County Task Force (PACT), and workers’ compensation violations that result in license suspensions.
  3. Partnering with the Nevada State Contractors Board
    Mr. Fogt reported on the success of the joint sweep/sting operations in May with the Nevada State Licensing Board along the State lines. A video highlighting the joint effort was shown.
PUBLIC AFFAIRS PROGRAM UPDATE

Public Affairs Chief Rick Lopes provided the Public Affairs Committee Report.

  1. Public Affairs Program Update
    Mr. Lopes advised the Board that one position within his division had been filled (another remains vacant), and provided updates about the CSLB website, media highlights, and industry/licensee outreach.
DISCUSSION WITH THE NEVADA STATE CONTRACTORS BOARD
  1. Administration—Responding to the Budget Challenges
  2. Enforcement—Battling the Underground Economy
  3. Public Affairs—Educating Consumers and Contractors
  4. Licensing—State Requirements and Reciprocity
LEGISLATIVE COMMITTEE REPORT

Legislative Committee Chair Mark Thurman provided the Legislative Committee Report.

  1. Legislative Update
    • AB 249 Unlicensed Contractors: Compensation Recovery.—“Watch.”
    • AB 275 Rainwater Capture Act of 2011.—“Watch.”
    • AB 397 Contractors: Workers’ Compensation Recertification.—“Support.”
    • AB 465 Gardening or Landscaping Maintenance Services.—“Watch.”
    • AB 569 Business Master License Center.—“Watch.”
    • AB 958 Statute of Limitations.—“Oppose.”
    • AB 1091 Contractors: Notification of Disassociation of a Qualifier.—“Support.”
    • SB 454 Energy Efficiency Standards.—“Watch.”
    • SB 541Contractors: Subject Matter Experts.—“Support/Sponsor.”
    • SB 543 Contractors: Sunset Extension.—“Support.”
    • SB 865 Contractors: Indemnification of Industry Experts.—“Support.”
    • SB 886 Sprinkler Fitters: Licensing.—“Watch.”
    • SB 944 Omnibus.—“Support.”
  2. Review and Approval of Recommended Position on AB 878
    • Motion to Approve the recommended position on AB 878
    • MOTION: A motion was made by Board Member Matt Kelly and seconded by Board Member Bob Lamb to approve the support of AB 878. The motion carried unanimously, 13-0.
LICENSING COMMITTEE REPORT

Licensing Chair Joan Hancock and Chief of Licensing Karen Ollinger provided the Licensing Committee Report.

  1. Review and Approval of Proposed Regulatory Changes to California Code Regulations, Section 858-858.9, Blanket Performance and Payment Bond Regulations
    • Don Chang, Legal Counsel for the Department of Consumer Affairs, explained the proposed regulatory changes prior to a motion being made.
      • Motion to give final approval of Proposed Regulatory Changes to add California Code of Regulations, Section 858-858.9 relating to Blanket Payment and Performance Bonds, and to give the Registrar authority to make nonsubstantive changes as necessary.
      • MOTION: A motion was made by Board Member Ed Lang and seconded by Board Member Bob Brown to approve the Proposed Regulatory Changes to California Code of Regulations, Sections 858-858.9. The motion carried unanimously, 12-0.
  2. Licensing Program Update
    • Ms. Ollinger provided updates on the Licensing application workload and processing times. She also reported on the progress within the Fingerprint/Criminal Background Unit, and Judgment Unit.
  3. Testing Division Update
    • Ms. Ollinger provided updates on the Testing Centers, examination wait times, staffing, exam development, and the annual Consumer Satisfaction Survey, all of which were detailed in the Board packet.
EXECUTIVE COMMITTEE REPORT

Chief Deputy Registrar Cindi Christenson presented the Executive Committee Report.

  1. Administration and Information Technology Update
    • Ms. Christenson updated the Board on the annual examination planning, the growing number of vacancies throughout the Board, and the Business Services Unit update. She also briefed the Board on the workload of the Information Technology division which includes BreEZe, Stop Orders, and SB 392. She advised the Board that Jason Piccione is assisting DCA on the BreEZe project.
  2. Review and Approval of Proposed Regulatory Changes to California Code Regulations, Section 858-858.9, Blanket Performance and Payment Bond Regulations
    • Don Chang, Legal Counsel for the Department of Consumer Affairs, explained the proposed regulatory changes prior to a motion being made.
  3. Budget Update
    • Ms. Christenson reviewed the status of revenue and expenditures through April 30, 2011.
  4. Review and Approval of 2011-2012 Strategic Plan
    • Motion to Approve the 2011-2012 Strategic Plan
    • MOTION: A motion was made by Board Member Matt Kelly and seconded by Board Member Bob Lamb to approve the 2011-2012 Strategic Plan. The motion carried unanimously, 12-0.
  5. Election of Board Officers
    • Board Chair Lisa Miller-Strunk advised the Board that Board Members Louise Kirkbride and Jim Miller comprised the nominating committee and that they would present the slate of officers for Board consideration. Ms. Kirkbride presented the following recommended slate of officers:
      • Robert Lamb - Board Chair
      • Paul Schifino - Board Vice-Chair
      • Joan Hancock - Board Secretary
    • She asked if there were any nominations from the floor. None were received.
    • Motion to Approve the Board Officers
    • MOTION: A motion was made by Board Member Louise Kirkbride and seconded by Board Member Jim Miller to approve the slate of officers as presented. The motion carried unanimously, 12-0.
REVIEW OF TENTATIVE SCHEDULE

Registrar Steve Sands advised the Board that the next meeting will be held in Sacramento sometime in August.

ADJOURNMENT

Board Chair Miller-Strunk adjourned the Board meeting at 12:35 p.m. in the name of Joshua Anthony Zuniga.

 

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