Gravel2Gavel Construction & Real Estate Law Blog

LINKS UPDATED AUGUST 30, 2017

UPDATE: CSLB Streamlines License Experience Review Process; Watch YouTube Video of December 4 CSLB Experience Verification Seminar

As a quick primer, in California an applicant for a contractor’s license must have at least 4 years of experience in the class he/she is applying for to qualify to take the license examination, including submitting a Certification of Work Experience. Credit for experience is given only for experience at a journeyman level or as a foreman, supervising employee, contractor, or owner-builder. An applicant may also receive credit for technical training, apprenticeship training, or education toward the 4 years of required practical experience. At least 1 year must be practical experience.

All experience claimed must be verified by a qualified and responsible person, such as a homeowner, an employer, fellow employee, other journeyman, contractor, union representative, building inspector, architect, or engineer. This person must have firsthand knowledge of the applicant’s experience — he/she must have observed the work that was performed — and he/she must complete the experience certification portion of the application. The applicant must also provide written documentation of any training or education claimed in place of experience. Acceptable documentation includes copies of apprenticeship certificates and college transcripts. In addition, the Contractors State License Board (CSLB) will require the applicant to provide a certification of his/her experience and may require the applicant to furnish additional documentation of any experience claimed on the application — failure to provide this documentation will result in rejection of the application or denial of the license.

For purposes of determining the applicant’s year’s of experience: A “journeyman” is a “person who has completed an apprenticeship program or is an experienced worker, not a trainee, and is fully qualified and able to perform the trade without supervision.” A “foreman” or “supervisor” is a “person who has the knowledge and skill of a journeyman and directly supervises physical construction.” A “contractor” is a “person who manages the daily activities of a construction business, including field supervision.” An “owner-builder” is a “person who has the knowledge and skills of a journeyman and who performs work on his or her own property.”

On December 4, 2013, the CSLB will be hosting a live event and webcast to explain how it verifies a license applicant’s journey-level work experience. To join in person, go to the John C. Hall Hearing Room at the Contractors State License Board Headquarters located at 9821 Business Park Drive, Sacramento, CA 95827. To watch the live stream webcast, join the CSLB at www.cslb.ca.gov.

For additional information about what constitutes “journey-level experience,” the CSLB has posted Frequently Asked Questions About Journey-level Experience on its website. It explains, in part, that “[j]ourney-level experience applies to a person who has completed an apprenticeship program or is an experienced worker, not a trainee, and is fully qualified and able to perform a specific trade without supervision. However, that person does not have a license and is not able to contract for jobs that are more than $500 in labor and materials.”

The CSLB’s FAQ also notes that “[a]n “Apprenticeable Occupation” is one that requires independent judgment and the application of manual, mechanical, technical, or professional skills. It is best learned through an organized system of on-the-job training, together with related and supplemental instruction.” The California Department of Industrial Relations’ (DIR) website provides additional information on apprentice skills and programs. It explains, in part, that “[a]pprenticeship is a system of learning while earning, and ‘learning by doing.’ It combines training on the job with related and supplemental instruction at school. Today, it is utilized chiefly in the skilled crafts.” The DIR’s website also hosts a searchable database for available apprenticeship programs and for registered apprentices for public works.

Additional Resource: California Contractors State License Board; California Department of Industrial Relations

2016 Update: Death of Del Paso; Sponsor A Dream: Iceland Ice Skating Rink

Update: Sacramento Business Journal, Sacramento Business Journal, North Sacramento public market plans official debut (Sep. 9, 2014); Domus looks at Del Paso Boulevard parcels for mixed-use projects (Aug. 15, 2014); Sacramento Business Journal, Enotria plans to reopen (Mar. 26, 2014); Comstock’s Magazine, Words of Art (Feb. 2014) — “[T]he Del Paso Design District has earned a Good Design Award for green urban planning from the European Centre for Architecture and the Chicago Athenaeum Museum of Architecture and Design.”

Monday, The Sacramento Bee announced that city officials and neighborhood activists have come together with what they believe will “reverse the downward spiral of Del Paso Boulevard, the gritty main street of north Sacramento.” It was reported that “[l]ocal business owners and developers are in negotiations to purchase some of the 12 properties the city owns” along Del Paso Boulevard. In addition, the Del Paso Boulevard Partnership is “a marketing consultant working for the neighborhood’s business association is attempting to brand the area as a ‘design district’ that appeals to small businesses.” These 10 uninterrupted blocks provide a rare development opportunity.

An existing draw to this area is Enotria Restaurant Wine Bar located at 1431 Del Paso Boulevard. Enotria’s website describes its recent renovation and vision for its future: Enotria “underwent a multi-million dollar renovation in 2010 and now boasts an exciting new Winebar, beautiful courtyard, and brand new finishes in the original restaurant. Chef Pajo Bruich and his culinary team prepare contemporary California cuisine with fresh, local ingredients and change the menu seasonally. Enotria’s food is designed to pair with over 700 unique wine selections in house.” It also boasts that “[u]nder the direction of general manager, Jenny Yun, Enotria provides guests with a wine and food pairing experience that will be memorable for years to come.”

Just down the block at the Sacramento Temporary Contemporary located at 1616 Del Paso Boulevard art installations are often hosted. The November Art Installation, which runs from November 7 through November 24, will feature artists including Julie Didion, Susan Ballenger, Sally Shapiro, Susan Aulik, Mary Curtis Ratcliff and Marilyn Jennings.

Not far from them is another popular draw to the area. Prime Time Boxing is located at 1931 Del Paso Boulevard. Prime Time Boxing is the self-proclaimed “creator of the ‘boxing class’.” Now, Prime Time Boxing explains, “the old boxing class has become the new boxing camp. We are committed to changing your life in a positive way!” It promises that “[y]ou are never just another face in the crowd at Prime Time. Once you commit to this program we promise to keep you motivated, sweating and achieving the goals you have set for yourself.”

The nostalgic Iceland Ice Skating Rink is also located along this corridor at 1431 Del Paso Boulevard. Iceland “opened in 1940 and for almost 70 continuous years provided skating fun in Sacramento. Iceland was burned down by arson fire on March 28, 2010.” It reopened as a seasonal rink in November, 2010. Iceland is now managed by Sacramento Iceland, Inc. Iceland is preparing to open for the winter season on November 22, 2013.

The beautiful Woodlake neighborhood is also not far. Woodlake is a stately 1930s and 1940s neighborhood within the boundaries set by Arden Way to the north, N. Sacramento Freeway to the south, Royal Oaks Drive to the east and Del Paso Boulevard (Uptown Art District) to the north-west. Woodlake is mostly inhabited by career professionals and is often cited in Sacramento publications as one of Sacramento’s most desired neighborhoods.

Andrea Lepore, a co-owner of the popular Hot Italian restaurant in Sacramento’s midtown, recently confirmed to The Sacramento Bee that four local business owners are in talks with city officials to buy properties on Del Paso Boulevard. Although Lepore did not identify the business owners negotiating to buy the properties, she reportedly confirmed that the projects that they would be seeking to build along Del Paso Boulevard would include “a local graphic design firm, a local brewery and a developer interested in building a midsize apartment building on the boulevard.” She also reportedly confirmed that “a well-known local chef wants to open a “culinary center” that would include not only a restaurant, but also other food-related amenities.” Negotiations are reportedly ongoing, which kept Lepore from providing further details.

In addition, Lepore also indicated that the plan would involve rehabilitation of the “the former Grand Theatre, which opened in 1942 but closed in 1960.” The Grand Theatre is located at 1917 Del Paso Boulevard. The proposed concept for the Grand Theatre, “which once featured a neon sign facing Del Paso Boulevard, is to reopen the space as a movie theater serving full meals and adult drinks, similar to the Parkway Theater in Oakland.” Another new draw to this area could include plans for a public market to cover multiple properties on Del Paso Boulevard. The market – reportedly “the idea of prominent designer and furniture retailer Dan Friedlander” – is expected to include “permanent vendors selling meat, bread and produce.”

Additional Attractions on Del Paso Boulevard: Stoney’s Rockin’ Rodeo, 1320 Del Paso Blvd.; North Sacramento – Hagginwood Library, 2109 Del Paso Blvd.; Big Idea Theatre, 1616 Del Paso Blvd.; Fenix Studios, 2110 Del Paso Blvd.; The Green Boheme, 1825 Del Paso Blvd.; Mama Kim Eats, 1616 Del Paso Blvd.

Additional Sources: The Sacramento Bee; Del Paso Boulevard Partnership; Bennett Engineering Services

Photos: Del Paso Boulevard Partnership, All Rights Reserved; Prime Time Boxing Inc., All Rights Reserved; Comstock’ Magazine

UPDATE: The Sacramento Bee, A King’s crown? A crushed can? Architects analyze arena design (Feb. 2, 2014)

BREAKING NEWS: The Sacramento Bee, Mayor Kevin Johnson Formally Unveils Drawings Of New Sacramento Kings Arena and Proposed New Arena To Include Farm-To-Fork Elements (Jan. 28, 2014)

On Tuesday, October 29, arena designer Mark Friedman of AECOM presented the latest concepts for Sacramento’s new sports center and entertainment complex to Sacramento’s City Council at a public meeting. The latest drawings of Friedman’s concepts show that it would involve both indoor and a possible second level outdoor use option. Friedman also proposed that the arena for Sacramento Kings’ and other events would be built below ground with the main concourse area to be constructed at street level. The proposed u-shaped structure would not have a “back”, which would help to open up the area around K Street, said Sacramento Kings President Chris Granger.

Additional Sources: Sacramento Kings Owners Announce Indoor-Outdoor Facility Concept for New Arena; Turner Construction Company to Build New Sacramento Kings Arena; The Sacramento Bee; CBS Sacramento; News 10

UPDATE: The Sacramento Bee, West Sacramento setting the table as a major food industry hub, Mark Glover (Feb. 2, 2014) and Growing pains assail the senses in West Sacramento neighborhood, Darrell Smith (Jan. 5, 2014)

West Sacramento appears to be a growing global food hub. Today, it was announced that Shinmei Co. Ltd. of Kobe, Japan (“Shinmei Co.”), is on a fast track to build a $10 million factory to make rice buns in West Sacramento and a 28,000-square-foot building in the Southport Business Park. Sacramento builder Potter Taylor & Co., a locally and family owned business, has been slated to develop the site and build the plant. Construction is expected to commence early next year.

Today’s announcement follows closely on the heels of Japan’s Nippon Shokken’s August 2013 announcement that, after 18 months of construction, it was opening its 70,000 square foot facility to make sauces for the global market. Nippon Shokken and Shinmei Co. will be next door neighbors.

Just weeks before Nippon Shokken’s announcement, Norway’s Tomra Sorting Solutions announced that West Sacramento would soon see work beginning on its 60,000 square foot building that will be the North American headquarters for Tomra. West Sacramento’s Brown Construction Inc. is building this factory and VLMK Consulting Engineers of Portland, Oregon will be acting as the project’s engineer and architect. Tomra expects to occupy the building by March.

Last but not least, Germany’s Bayer CropScience moved into a 164,00 square foot building in West Sacramento in late July. It expects to acquire an additional 10 acres somewhere close to construction a greenhouse facility.

These companies join various domestic food distribution and manufacturing companies that have been located in West Sacramento for many years, including Farm Fresh to You, Tony’s Fine Foods, Nor Cal Beverage and Raley’s Family of Fine Stores.

Additional Sources: Sacramento Business Journal

The California State Contractors License Board and California Department of Public Health warn that construction and other workers who disturb soil are at risk for contracting Valley Fever, and encourage employers to include protective measures in workplace health and safety plans. The Coccidioides immitis fungus lives in the soil in parts of California, particularly in the Central Valley, and in several southwestern U.S. states, and in Central and South America. Valley Fever is contracted by inhaling fungal spores that live in the dirt and that are stirred up by activity, including but not limited to construction, digging or driving, or working in dusty, wind-blown areas. Typically those who become infected experience pneumonia and flu-like symptoms.

Workers at higher risk for Valley Fever include wildland firefighters, construction workers, archaeologists, military personnel, and workers in mining, gas and oil extraction jobs. In 2007, 10 members of a 12-person construction crew excavating a trench developed Valley Fever (also known as coccidioidomycosis), an illness with pneumonia and flu-like symptoms. Seven of the 10 had abnormal chest x-rays, four had rashes, and one had an infection that spread beyond his lungs. Over 1000 Californians are hospitalized with Valley Fever every year. About 8 of every 100 people hospitalized die from the infection annually.

Although there is no vaccine against Valley Fever, the Department of Public Health suggests that employers and workers can take protective measures including but not limited to “incorporating the following elements into the company’s Injury and Illness Prevention Program and project-specific health and safety plans:
1. Determine if the worksite is in an area where Valley Fever is endemic (consistently present). Check with your local health department to determine whether cases have been known to occur in the proximity of your work area. See the map on page 2 to determine whether your company will be working in an endemic county.
2. Train workers and supervisors on the location of Valley Fever endemic areas, how to recognize symptoms of illness (see page 3), and ways to minimize exposure. Encourage workers to report respiratory symptoms that last more than a week to a crew leader, foreman, or supervisor.
3. Limit workers’ exposure to outdoor dust in disease-endemic areas. For example, suspend work during heavy wind or dust storms and minimize amount of soil disturbed.
4. When soil will be disturbed by heavy equipment or vehicles, wet the soil before disturbing it and continuously wet it while digging to keep dust levels down.
5. Heavy equipment, trucks, and other vehicles generate heavy dust. Provide vehicles with enclosed, air-conditioned cabs and make sure workers keep the windows closed. Heavy equipment cabs should be equipped with high efficiency particulate air (HEPA) filters. Two-way radios can be used for communication so that the windows can remain closed but allow communication with other workers.
6. Consult the local Air Pollution Control District regarding effective measures to control dust during construction. Measures may include seeding and using soil binders or paving and laying building pads as soon as possible after grading.
7. When digging a trench or fire line or performing other soil-disturbing tasks, position workers upwind when possible.
8. Place overnight camps, especially sleeping quarters and dining halls, away from sources of dust such as roadways.
9. When exposure to dust is unavoidable, provide NIOSH-approved respiratory protection with particulate filters rated as N95, N99, N100, P100, or HEPA. Household materials such as washcloths, bandanas, and handkerchiefs do not protect workers from breathing in dust and spores…”

They can also become vigilant about watching for warning symptoms, and seeking early medical attention if typical symptoms appear (between 7 and 21 days after breathing in spores) and include:
•Cough •Fever •Chest pain •Headache •Muscle aches •Rash on upper trunk or extremities •Joint pain in the knees or ankles •Fatigue
Additional Resources: California Department of Public Health; Centers for Disease Control and Prevention