HomeMy WebLinkAboutMINUTES - 01202004 - D1 D1
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Date: January 20,2004 Matter of Record
On this date, the Board called for public comment. The followingperson
did not speak but left literature on Clean Air and Small Business.
THIS IS A MATTER FOR RECORD PURPOSES ONLY
NO ACTION WAS TAKEN
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84 Hoy Ave
Fords,N3 08863
(510) 537-1796
capr�charlie„�a earthlink,net
November 5, 2003
The Honorable Robert Presley
1100 11th St., 4th Flr
Sacramento, Ca 95814
RE; Frank Cruz,
Dear Senator Presley,
As the statewide recognized"father of the California Smog Check program,"we
would greatly appreciate your consideration and input on a matter of great importance to
a minority small businessman who has been in the Smog Check business for many years,
Mr, Frank Cruz after years of licensed service to his customers volunteered to be
considered for the Smog Check Consumer Assistance Program (CAP) State contractor
position,
Mr. Cruz is a small business family man who has historically involved:himself in
community service by providing voluntary guidance and mentoring to kids involved in
baseball,as well as involvement in other activities in his community. He was considered
a model Smog Check provider by being accepted as a Smog Check Consumer Assistance
Program(CAP) State contractor.
Mr. Cruz shared with me that after coming to California at age 7 from Mexico, after
both his American citizen mother and Mexican citizen father had died, Frank's father was
a sugar cane and corn farmer in Mexico.
Determined to become educated,he attended Riverside City College where he was
taught that the American legal system was fair, Mr. Cruz believed what he had been
taught, and thus pursued a course of legal action that he truly thought would result in his
legally fair exoneration. This is what we all want to believe about our system, and it is
especially discouraging for someone who has worked so hard within the system to be so
let down by it.
Mr., Cruz who became an American Citizen in 1987 and is a legal resident of
California for 16 years.
In the year 2000 Mr. Cruz's business manager purchased a used part for repair of a
CAP car and obtained an invoice that did not indicate the purchase price. The used car
computer was shown on the customer invoice as"N" for new, the Smog Tech had
Honorable Robert Presley
November 5, 2003
Page 2
informed the motorist the part was used. Mr. Cruz terminated the employment of the
business manager in 2000 when concerns over possible missing shop inventory became
an issue. Prank believes he paid$300.00 for the used part his employee paid $100.00 for,
Frank Cruz may be the real victim of fraud,
Mr, Cruz after decades of licensed business without a Citation, office review or reason
to believe he was not accepted as the best of the best of his industry, was made subject to
an in depth investigation of his business without any notice.
In 2002 Mr. Cruz was presented with an accusation by the regulatory system.
Frank is a member of a large association of automotive businesses. The association
lawyer gave Mr. Cruz an estimate of$20,000.00 to start his representation which he was
informed would likely result in him loosing an appeal.
Mr. Cruz contacted Susan Fitzgerald of the State Deputy Attorney General (DAJ)
California Department of Justice assigned to his case and was offered a deal of loss of the
Automotive Repair Realer license, Smog Check Station license and personal Smug
Check tech: license and if he agreed to admit to the accusations, post notice in his
business for his customers, pay for the investigation, shut down for a time and agree to 5
years of probation he could continue or be subject to being removed permanently from
practicing his trade,
Instead of accepting harsh terms offered he trusted the concept of a hearing before a
judge, Mr, Cruz has been put out of business because his former employee was accused
of wrongdoing. At no time was Mr. Cruz accused of any misdeed.
Mr. Cruz said to the he believed in the system and in his opinion acted responsibly and
mitigated the actions of his employees involved by removing any questionable employees
from his business before the accusations had been presented, Frank believed the
regulatory judge would act in what would.be perceived by Mr. Cruz as a fair outcome,
Today Mr, Cruz was provided with copies of actions from his previous attorney
Jeffrey T. Osborn. Mr. Osborn was retained on March 20, 2003. Mr. Osborn was ask to
provide approved mitigation information in response to the judge findings that the
licenses were removed due to lack of mitigation information. Attorney Osborn was
stopped from representing Mr. Cruise on October 30,2003 and the letter for informal
resolution, one last time, was received after Mr. Osborn was dismissed.
In my opinion Mr, Cruz, a California Citizen, deserves to have his business regulatory
outcome mitigated so he can again serve his customers
Honorable Robert Presley
November 5, 2003
Page 3
Senator I believe in the system of regulatory oversight. The investigation and process
is appropriate but the outcome of the Cruz case should be mitigated in my opinion.
Mr. Frank Cruz tells me he believes in truth,justice and the American way.
Do you have any ideas how Mr. Cruz might help himself?
To me the Smog Check program seems to use consumer complaints as a primary basis
for program enforcement.
it stems to me that the addition of a program random audit, to determine if cars that
do not meet state standards are failed and the car fault that created•the failure to comply is
repaired, could improve program performance more than 100% within I year. Additional
improvements of reduced fraud, failure rate and cost to the motoring public can be
achieved by adding a repair audit to existing program management. If Smog Check
providers are audited and provided the opportunity to improve rather than what may be
an arbitrary and capricious gotcha that appears to eliminate ethical caring small
businesses that need to be supported. The addition of an audit may improve the
relationship of all interested parties and the air.
Thank you for your great service to the people of California.
Frank Cruz, Automotive Inspectors, 1443 W 6`h Street#108, Corona, CA 92882, (909)
264-5030 cell, (909)279-6574 tel, (909)279-6716 fax.
Automotive Repair .Dealer Reg. No. AK191481
Smog Check Station License No. RK.191481
Advanced Emission Specialist Technician License No. EA306745
Bureau of Automotive Repair Case Number 79102-71 OAH No. L2002040033
AAA #2012
Susan Fitzgerald, State Bar No, 112278,R O,Box 85256
Respectfully,
Charlie Peters
Attachments
http://www.dallybreeze.com/content/opinion/nmeliasl4.htmi
DcaBreezeTorrance
i California
Monday, April 14, 2003
Smog Check programs must encourage honesty
Almost no one questions that cheating is rampant in California's Smog Check programs,
both in rural areas where tests are easier to pass and in so-called"enhanced"areas where
the tough Smog Check II plan.reigns. But there's plenty of dispute over how to straighten
out this contentious program.
The state Bureau of Automotive Repair reports it conducted undercover decks last year
at more than 1,500 of the 8,000 testing stations around the state. Almost all those visits
carne after the bureau already knew cheating had occurred on site,with most such clues
gleaned from discrepancies showing up on its computers.
The industry group Clean Air Performance Professionals estimates at least some cheating
goes on every year in"at least 80 percent"of Smog Check shops, says the group's
president, Charlie Peters.
But BAR has limited funds and can't do much random testing, so large numbers of
stations probably get away with routine criminal chicanery. This can take many forms:
Some stations may have a car standing by that's already passed the test, ready to
substitute for your smoky vehicle for a price.That's called "clean-piping."Others may
ignore a missing part or faulty timing.
Even certified Gold Shield repair stations, where the state spends some $20 million per
year helping to fix polluting cars, can cheat. Sometimes they put more parts in than are
needed to clean up a car's emissions. Other times they may charge a customer hundreds
of dollars, but not really repair anything, knowing a confederate in the testing station will
clean-pipe the car later. That's an effort to cheat both the customer and the Smog Check
system.
The Bureau of Automotive Repair fights all this with computers that instantly note when
two tests at the same station produce identical results, as often happens with clean-piping.
And the BAR sends in undercover cars when it gets repair receipts from Gold Shield
stations showing replacement of parts not justified by a car's test results.
The bureau now relies on the threat of lifting station owners' licenses, thus rendering
worthless investments of$250,000 or more in dynamometers and other equipment.
"We like to have probable cause before we move in,"says Rich Mundy,the BAR's
deputy chief for field operations and enforcement."It's much more efficient than when
we did 9,000 random checks a year(in the early 1980s)."
But cheating can be done by employees, even right under the nose of a well-meaning
shop owner. Owners are then held responsible, and can lose their licenses if they can't
show they've taken some kind of action to prevent mechanics from cheating.
"We suggest they might use their own cars to check the honesty of their mechanics or
make sure that at least two people are involved in some way on every check,"Mundy
said,
"That's unfair,"Peters said. "There have been shops where employees were caught clean-
piping and the owner had no way to know about it,but they were put out of business,
even though they did take precautions."
Peters favors a return to the system in effect before 1991,when the BAR randomly
checked testing stations and gave two or three warnings and fines before lifting a license.
He also believes the BAR. should use cars that it knows will test as gross polluters to
check on the honesty of licensed repair shops.
Peters contends that during the years 1985-`91, when a warning-and-fine system was in
effect,cheating stations dropped to no more than 20 percent from about 80 percent found
dishonest on previous random checks.
Replies Mundy, "We don't take licenses away from guys who just slip. But if they cheat
with design, that's fraud and that's a crime. And I would strongly dispute that 80 percent
of all shops do some cheating, or that they did it before 1985."
These two sides will not arrive at an agreement soon. But they ought to find a
compromise. For today's system may indeed be overly tough on shop owners who want
to be honest, but are confounded by corrupt employees.
What's needed is a plan that motivates honesty,for that's the only way to assure both
fairness in smog testing and the clean air that's the aim of the whole program.
Tom Elias is author of The Burzynski Breakthrough: The Most Promising Cancer
Treatment and the Government's Campaign to Squelch It, now available in an
updated second edition. His e-mail address is tdelias@aol.com.
CAPP contact: Charlie Peters / (510) 537-1796 / cappcharl earthlink.net
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smog check �h#���8 With the missing part praT HE -
��'�� gram. a follow-up audit with
issue has been
under continuous increasing demands left.the
iegisiative debate : tion. The average CAP repair is stations no options but to fine
since 1993. about $350.Many cars are not the missing part car be re-
AB2537 by Dennis Cardoza'is brought into compliance. moved from the game.
an opportunity to improve pro- There are huge inconsis-
`
aram performance and public To level the smog check tencies from smog check sta-
failure repair playing field so #ion to station and with BAR
support.. more cars meet standards representatives. For BAR to
We at the Clean Air Per- after repair,the whole.smog decide it car is not in comph.-
formanee Professionals pro- check market should be sub- ante, rules of smog check
pose"reasonably available ject to a CAF'random audit. must be clarified.
central measures" to improve Around 1985, BAR started Honey is available for the
California Smog.Check per- a"miss art" audit. In 1991 CAP program. It can be;used
formce. Consider a Con.- p for contracted scrap and re-
sumer Assistance Program that program was stopped. pales, car some of the funds
quality audit to improve smog I� be used to evaluate and
check performance. support mproVed:.perform-
We propose using the CAF' lCg ance of licensed small bust-
cars and funds to provide a ness. The cars and funds are
random quality audit of smog 1h reoft in fim" the same, but the results may
check providers. Audits thaton VL be credit'for 2.000 tons per
result in the.car's not being in day in pollution prevention
compliance should be handled oredit In the State Tmplemmenta-
simLi arly to the former Cori- When BAR ran fewer than one tion Plan, rather than: the cur-
sumer Repair and Education audit per station per year, the rent credit of fewer than 100
Workforce program. The Bu- result was a change in be- tons per day.
reau of Automotive Repair pro- havior that started at more . The.governor and the state
gram did not fine the Licensees than an 80 percent,hit rate, Legislature would get the
nor did it-involve coercion. But but moved to less than 20 per- credit and support for I -
when the question of"what cent rate of noncompliance. proved performance. Perform-
would you like to do?" was The difference was-a 300 ance improvements would be
asked, the shop took care of percent change in result in accomplished at a cost of less
business and usually elected-to ,ding the misspart. If the than $500 per ton. And pro-
fix the car. CAIS audit was.adlessWg the gtam Musto is vpuld be re-
The average smog check issue of repair compliance duced in one year,
failure repair is about$150 rather,than just=r'd#,
statewide. The motorist pays mws "'P44, th. s may Chaille Paters is president of
about the same at the average be f , cr.a 300 percent Clean Air Performance Profes
repair station and the CAP sta- improvement in compliance. sionals in Sacramento.
1
Meeting of the -California Ind' etion. and
M nten ane e Review ComnijOttee
Northern California Court Reporters 2.26.03
is
Mr.Chairman(Victor Woiser), committee,I'm Charlie Peters, Clea } z�.ir Performance
Professionals, a coalition of motorists interested in automotive reppl
i
Ms. (IMRC member) Deakin brought to your attention something; (fie National Academy
"Evaluating Vehicle Emissions Inspection and Maintenance Progr y�")that you probably
should review;Well,I have a copy of it here.Ms.Elizabeth Deakii*4s a member of that
committee for some time, I kind of feel that possibly this song and id r ce could be really out to
the chase real quickly by just reviewing what this says, and it basicM says Smog Check
increases emissions in California. ;a
So for you to support the public to participate in Smog Check baser on what you're saying
you want to review and follow, it probably would be best if you go 0Z to the Governor's office'
as soon as you're done here and recommend that it be stopped inuno telt'.
f
Do I agree with that?I absolutely do not agree with that, and I think,i4,'s appropriate to evaluate.
As(Committee Member)M- r. Williams said,we've got to find out w re we've been,where
we're at and where we need to go, and I think that the committee has tated and I think what
these reports that you're s4ggesting to look at, —the Fresno Bee bats` oily suggests to
immediately stop Smog Check, put remote sensors on the highway,� zsh the cars that you find
and we'll have a great program. .!
i'
I don't think that treats thefpublic very well,I don't think that's app�O nate policy and I don't
think it's right. I think it's not true.
So Mr. Williams is indicating that we need to evaluate where we've;!'tMlen and where we're at,
and that could be done very easily by creating an audit system that d rmines what is really
going on in the marketplace, whether or not you determine what's b'` en on a car, determine
whether or not it's getting%ixed.
I
You can also determine whether or not you can change that, and I be ve that that could
generate 2,000 tons(per day)emission reductions in the State of Cal'` imia that can create a
great benefit, and also create a proud effective repair industry to sup pl ethical services to the
public.
s
So if you want to just do what you've suggested here today,that's qu'j.'.4,6, simple. Make it a point
to go to the Governor and ask him to stop this. 4r let's evaluate'whafTreally going on and
whether or not we can do something to benefit the public. Thank you;{1,
CAPP contact: Charlie Peters 1 (510) 537-1796 I c.. c�� az7earthlink,net
: z
. , j
Clean Air Performance Professionals
Our proposal to improve California Air.
Licensed Smog Check service and repair professionals deserve credit and support
G
T
Performance Measures
* A quality audit to improve Smog Check performance
* A Smog Check audit flag designed to reduce illusions,that will display arteria smog test is
performed.
* Create vehicle specific emissions standards (proposed by Snap-On Tools) to improve fairness
and performance
* Evaluation of the ancillary benefits of Smog Check. Cars that are repaired by unlicensed
stations, public and repair industry behavior changes that prevent a car from becoming out of
compliance.
* Create smoke standards to reduce particulate matter(PM); Smog Check does not fail smoking
cars.
* Require all persons performing, Smog Checks to be licensed i.e.; government fleets
* Many cars slip by Smog Check requirements i.e.; brand new zip codes, out of state plates like
U-Haul using Arizona plates with local California phone numbers permanently painted on the
side of the truck, Safety Clean trucks use California plates but are registered in Chicago to a zip
code that is not required to get a Smog; Check; require certification for vehicles used in zip code
areas that require Smog Check
* Require Smog Checks by providers who do not have an ownership interest in the car being
tested.
* Evaluate the level of unlicensed Smog Check repairs provided for pay and develop an audit
procedure to improve compliance with the licensing rule.
* Official approved manuals required for Smog Check stations have conflicting information, set
up continuous correction procedure.
Submitted for a coalition of motorists.
I am happy to answer any questions.
Charlie Peters,
(510) 537-1796,
canl2ch:rrlie 41 r;rrtltlir�l:.r�ct
Letter to "Hemmings Motor News"
Stella Pyrtek-Blond is head of Public Relations for Clean Air Performance Professionals(CAPP).
In addition,she is the Mice-President of Marketing, and Coordinator of the Legislative Information Task Force for
Packard.Automobile Classics(PAC), and Legislative Coordinator of the Eastern united States for the Antique
Automobile Club ofAmerica(AACA). This article was originally published in Hemmings Motor News.
<www,hemmings.com>For information about CAPP, and a subscription to the CAPP Newsletter, contact:
84 Hoy Avenue, Fords, NJ 08863. (732) 738-7859;Fax: (732) 738-7625; <stellacapp@a earthlink.net>
<http:/%l ubs.hem m ings.comlcapplindex.htm>
"The Bait and Switch"—August 2062
In January 2001,Califomia introduced information as to the bill going to the Governors desk to
legislation(AB-1058)to rewire the state Air Resources await his signature. The bill is still sitting at the
Board(CARB)to develop and adopt regulations to Assembly desk.
achieve the maximum feasible and cost effective CAPP President,Charlie Peters reported that
reductions of greenhouse gasses emitted by motor `.`Senator Quentin Kopp informed him in January of
vehicles. 1943 that Remote Sensing technology was in the wings
As of June 28, 2002 AB-105 8, also known as to replace the current Smog Check inspections. June 260'
the global warming bill,was stalled in the Assembly. GARB held a workshop for another"Pilot Study"on
Many residents of California had let their remote sensing. Will this affect the old cars?You Bet!
representatives know that they didn't want a bill that Old cars are NOT exempt from remote sensing. "
could take away vehicle choice,impose taxes and "Last month,the Speaker of the AssembIy's
subject them to regulations from a bureaucracy. But as Chief of Staff John Stevens also mentioned that a deal
the public prepared for their fourth of July vacations the with the Global Warming Bill and the bill to place San
Legislature found an innocuous bill entitled Assembly Francisco motorists into the Smog Check R Program
Bill 1493,which originally dealt with state audits and was under consideration by Senator Burton. It will be
had nothing to do with emissions.They then proceeded interesting to see what happens regarding support for the
to do what is called a"gut and amend" and remove all Smog Check II Bill(AB-2637)now that AB-1493 has
the existing language of AB-1493 and replace it with the moved. "
language of AB-1058,the bill authored by ex-school "In my opinion,the„big" global warming game
teacher Fran Pavley to limit CO2 emissions from cars is a shift from oil and internal combustion engines to
and trucks. bio-fuels and fuel cells. Oil is quick and cheap to bring
But the public was sidestepped by effectively to market and therefore the market cannot easily be
renaming the bill AB-1493 and rushed it through the controlled. Bio-fuels and fuel cells,however,are the
Legislature in a matter of two business days.After result of government funded public/private partnerships
Friday's "gut and amend,"the bill was sent to the Senate which can control who gets to be a player and how much
floor Saturday night,where it passed in a matter of fuel is available. "
minutes without any discussion, debate or the customary "The Pew Charitable Trust's global warming
committee oversight, as the big topic of controversy was partnerships with business
the California budget with its$24 billion deficit. httR-Hwww.pewclimate.org/belc appear to support the
It came back to the Assembly on,Monday morning,July credit trading money game that can, if it is allowed to
1, and was referred to the Transportation Committee, continue to develop along its present course, eliminate
which held a non-noticed public hearing(effectively any market competition, in effect, confiscating the
non-public hearing) in a room the size of your average market. Bio-fuel/fuel cell carbon tax games may very
dining room.It wasn't in the open; it was in a closed possibly generate a privatized rapid transit business that
room that was inaccessible to the general public, The can make the devastation of PNRON's energy activities
public didn't have a chance to make their views known. look like a Sunday school picnic."
It passed out of committee then it was brought to the Sources say, It is prophetic that AB-I493's passage by
floor under another procedure called a WORT(without the Legislature occurred during the week of July.Fourth,
reference to file). A WORF allows a bill to be brought Independence Day!
to the floor without public notice that it was going to be
heard. It was brought to the floor where it passed with More next month ...
the minimum vote required.There has been much mis- Stella
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http://www.latimes.com/business/la-fi-reg,s 1 9jan I 9 1 2914592.sto ?call=la-headlines-business
Los
�Angeles Imes
January 19, 2044
Industry os Fuel Goal
An oil company group urges the governor to reject a
proposal to reduce state gasoline and diesel use by 15%.
By Elizabeth Douglass, Times Staff`Writer
An oil industry group is urging Gov. to depend on such'a heavy component
Arnold Schwarzenegger to reject a state of imports."
agency's recommendation to cut
gasoline and diesel use 15% by 2020. The Western States petroleum Assn. is
attacking the goal as foolhardy.
The California Energy Commission, citing
uncertainty over future gasoline Fuel supplies already are tight in
supplies, has called on the governor to California, giving the Golden State the
adopt a series of measures to help dubious distinction of having some o
reduce fuel consumption. the highest retail gasoline prices in the
country, the group notes. And
These include encouraging the use of encouraging the state to ratchet back
non-petroleum fuels and gas-electric use would only worsen the situation by
hybrid cars and pushing the federal discouraging the oil industry from
government to double current fuel- expanding refinery capacity, the group
efficiency standards. contends.
The recommendation is included in a "How do you convince a [corporate]
Dec. 18 report to Schwarzenegger. The board that it's a goad idea to invest in a
governor has until mid-March to review state that's eliminating a good chunk of
the report and make his own proposals your market share?" asked Joe Spara'no,
before forwarding It to the Legislature president of the petroleum association.
for possible action.
In a .Ian. 8 letter, the group urged the
The energy commission believes the governor to let the free market work to
state's best option is to reduce its improve the availability of gasoline and
dependence on petroleum, whether it's diesel in California.
refined here or shipped in from out of
state. The energy commission rejects the
notion that tougher conservation
"We don't think there's going to be measures will discourage oil companies
enough fuel," Commissioner Jim Boyd from increasing production by building
said, "and it gets more and more risky or expanding refineries.
To help ease the way for more gasoline
"They have not been buildingfor these production and imports, the energy
past decades, as the population has commission also has recommended that
grown to 35 million people," Boyd said. the state streamline permitting for
"Cur obligation is to look out for the petroleum infrastructure projects
needs of the state and its consumers, involving refineries, pipelines and
not to look out for what Company X, Y storage and import facilities.
and Z needs."
Jamie Court, executive director of the
Under the energy commission's plan, Foundation for Taxpayer and Consumer
cutting statewide gas and diesel use to Rights, said the Western States
15% below 2003 levels would be a goal, Petroleum Assn. letter to
with no penalties if it is not met. The Schwarzenegger showed that the oil'
goal would be set amid rising demand: company trade group "smells an
By 2020, California will have nearly 46 opportunity."
million residents, up from 35 million
today, according to the state Finance Court, a longtime critic of the oil
Department. industry, noted that a top
Schwarzenegger staffer is a former tail
Over the last year, regulators and the oil company lobbyist and that
industry repeatedly have warned that ChevronTexaco Corp. donated
output from the state's refineries has $500,000 to the state Republican party
fallen behind demand and that the after the governor's election.
market has been increasingly dependent
on gasoline imports to fill the void. "We're very worried about what's going
to happen," Court said. "I doubt anyone
The fragile balance between supply and who drives a Hummer and takes money
demand was knocked out of kilter twice from Chevron can be counted on to
in 2003, first by a Venezuelan strike and serve either the consumer or the
local refinery outages and then by a environment."
pipeline rupture in Arizona. In each
case, drivers saw pump prices quickly The energy commission's
soar to above $2.10 for a gallon of recommendation is part of the panel's
regular gasoline. 63-page Integrated Energy Policy
Report, which was mandated by the
With no new refineries built in California Legislature after the state's energy
since 1969 and no substantial crisis. In it, the commission lays out
expansions on the horizon, the energy ways California can help ensure it has
commission believes that the supply reliable and reasonably priced electricity,
struggle will only worsen in coming natural gas, gasoline and other fuels.
years. In fact, it will get worse this fall,
when Royal Dutch/Shell Group closes Sparano said the oil industry trade
its Bakersfield refinery, which supplies group agreed with many of the
2% of the state's daily gasoline commission's recommendations. But
consumption and nearly 6% of its diesel "the idea of mandating a reduction in
use. demand," he said, "doesn't resonate
very well with us."
(CAPP contact: Charlie Peters/ ('51 Q) 537-1796/ggMeharlie@earthlink.net