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YOSEMITE CHAPTER2017 Kickoff Dinner• Thursday, February 23, 5:30 p.m.
• Dave Wong’s Chinese Restaurant,
2828 W. March Lane, Stockton, CA
SJV CHAPTER 2017 Rebuilding Underway• See SJV AM Message page 3
Now Including
Volume 11January 2017
California Landscape Contractors AssociationSAN JOAQUIN VALLEY CHAPTER MAGAZINENow available online at www.eldoradocommunicationspublications.info
More Than Just Products.We’re not only your best source for landscape and irrigation supplies—we are grillers, parents, sportsters, weekend warriors...people like you.
Stop by and check out the full product selection, sign up to get our event emails or just drop by to say, “Yum!” There are more reasons than ever to shop at Ewing.
EwingIrrigation.com/locations
Rebuilding Program Underway
It seems that this Chapter has been in a constant rebuilding program for over a year
now. This is because, no matter how much we value the SJV Chapter – its goals and objectives and tremendous history – those of us trying to pull this together have jobs, busi-nesses and lives out of CLCA.
But that doesn’t mean that we aren’t going to continue giving it our ALL as we move forward in the New Year. We have a handful of core Chapter members – seasoned members and new comers – who, if and when called upon, I know will step up to the plate and do their part to breathe life back into this Chapter. Perhaps you are one of these individuals. Well, if you are, we need you now.
We have had some starts and stops in our rebuilding efforts. The events we have had are some of the most successful in recent history. But a Chapter must be more than occasional great events. It must be led by dedicated individuals who can build and maintain momentum for newer members who can eventually step in and carry on the legacy of SJV. The Chapter can’t be built around the work and enthusiasm of one or two individuals alone, but the ideas, time and commitment of a core of members, each CONSISTENTLY doing their part to revive and rebuild this CLCA Chapter.
There is no doubt in my mind that it will happen. With your help, support and involvement it will happen sooner rather than later.
LIS and Nor Cal Shows Are Almost HereTwo great events to make contacts and do some business are the Landscape Industry Show at the Ontario Convention Center February 1-2, 2017 and the Nor Cal Landscape & Nursery Show February 16 at the San Mateo Expo Center. See the latest in landscape related products and services, talk with and strike up relationships with knowledgeable company reps, and for land-scapers pick up a few CEUs at the interesting and informative seminars held at both CLCA trade shows. See clca.org for more information.
PLEASE: If you would like to be a part of our Chapter reconstruc-tion and reorganization team, call me and let’s talk. – Ramon
CLCA SJV Grapevine & YC NewScape January 2017 3
SJV Chapter AM Rep Message
San Joaquin Valley Chapter
2016 Board of Directors
VICE PRESIDENT Mike Lopez
Green & Clean Landscaping (559) 916-1148
greenandcleanlandscaping@ yahoo.com
SECRETARY Open
TREASURER Open
VICE PRESIDENT EDUCATION Open
MEMBERSHIP DIRECTOR Open
ASSOCIATE MEMBER REPRESENTATIVE
Ramon Simpson Landscape Contractors Insurance Services, Inc.
1835 N. Fine Ave. Fresno, CA 93722
(559) 650-3555 x541 (559) 704-7207 (cell) (559) 650-3558 (fax) [email protected]
EVENTS COORDINATOR Debra Spencer
Oak Creek Insurance Agency (559) 650-3555x554
PRESIDENT Glen Bennett
ACLS 5213 E. Pine Ave. Fresno, CA 93727 (559) 453-1670
(559) 355-2297 (cell) [email protected]
THE NEW GRAPEVINE EDITOR John Hernandez (626) 965-5015
19055 Abdera St. Rowland Heights, CA 91748 [email protected]
FAX (866) 591-5093
ASSOCIATE EDITOR/ ART DIRECTOR Jerry Robin
(626) 794-2674 Email [email protected]
Chapter Website: www.clca-sjv.org
RAMON SIMPSON
Associate Member Representative
Landscape Contractors
Insurance Services
The events we have had are some of the most successful in recent history. But a Chapter must be more than occasional great events.
CALL OUR ADVERTISERS FIRST!
Legislation Committee Report
www.deltabluegrass.comC-27 752734
John Linder(209) 471-4640
DROUGHT TOLERANT SOD
CLCA’s Legislation Committee Had a Busy and Effective Year
The Legislation Committee took positions on numerous issues and has given our
lobbyist and staff direction to represent the association in the legislative and regula-tory arenas. The following is a list of some of the significant legislative issues CLCA’s Legislation Committee considered in 2016:
• SB 661(Hill): Protection of subsurface installations. This bill enacted the Dig Safe Act of 2016 to modify laws governing excava-tions near subsurface installations. It requires
an excavator to contact a regional notification center prior to excavation and requires an excavator to delineate the area to be excavated before notifying the regional center. It prohibits an excavator who damages a subsurface installation due to an inac-curate field mark by an operator from being liable for damages. It establishes the California Underground Facilities Safe Excavation Advisory Board within the Office of the State Fire Marshall to investigate violations of the state’s excavation and subsurface installation laws, coordinate education and outreach, and develop standards. Also, the bill keeps the current law’s exemption intact which states that the requirement to call a regional notification center do not apply to the owner of real property that contracts for an excavation project which does not require a permit. Although CLCA took a neutral positon on this bill, CLCA monitored the bill closely to make sure any last-minute modifications would not adversely affect landscape contractors. This bill was chaptered on 9/29/2016.
• AB 1793 (Holden): Requires a court to find that a contractor is in substantial compliance with licensure requirements if specific standards are met. CLCA took a support position on this bill. The bill was chaptered on 8/30/2016.
• AB 2486 (Baker): Requires the CSLB to enhance the current contractor search feature on its website to include a search by ZIP code or geographic location. CLCA took a support position on this bill. This bill was chaptered on 9/9/2016.
• AB 2515 (Weber): Requires the Department of Water Resources, on or before January 1, 2020, and every three years thereafter, to either update the model water-efficient landscaping ordinance (“MWELO”) or make a finding that an update to the MWELO at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance. CLCA took a support position on this bill. This bill was chaptered on 9/24/2016.
• SB 3 (Leno): This bill proposed raising the minimum wage to $15 an hour. The bill was being fast-tracked and set to be heard within a week of the CLCA’s March legislative committee meeting. The committee agreed CLCA’s position was to oppose the bill and that a floor alert be issued. By 9 a.m. on March 31, 80 people had sent e-blast alerts to their State Assembly Members and Senators opposing the bill. Nonetheless, the bill passed both houses, was signed by the governor and chaptered on 4/4/2016.
MICHAEL S. MARTIN, ESQ.
Director of Legislation
4 January 2017 SFV CLCA Valleyscape
State CLCA NewsState CLCA NewsPrice It Right, Part 2
www.HorizonOnline.com irrigation | outdoor living | landscape | equipment
Smart Irrigation is preparing your soil in advance of the season. It’s applying soil surfactants that reduce runoff and water use. It’s understanding conservation tips—and applying them with your customers.
At Horizon, we believe that every month should be treated as Smart Irrigation Month. So, where do you start your practice of Smart Irrigation? Right here.
treating your
like
Horizon is a proud supporter of Smart Irrigation Month.
Horizon is proud to partner with the industry’s leading experts to provide SmartWater products including smart nozzles, controllers, micro irrigation and sensors as well as soil ammendments that can reduce watering needs by up to 30%.
ANYONE CAN SELL YOU SMART IRRIGATION PRODUCTS.But do they understand that Smart Irrigation is more than smart nozzles, micro irrigation and weather sensing controllers?
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Continued on Page 6
Pricing for Profit in Lawn Maintenance By Wayne Volz, from an article in GreenIndustryPros.com
This is PART TWO of insights from Wayne Volz, president of Wayne’s Lawn Service in Louisville, KY, a company founded in 1979. Volz is also the president of Profits Unlimited, a seminar and consulting firm that strives to help other lawn service contractors earn the money they deserve.
It’s About YOUR Hourly RateThe only number I am concerned with at my business is my hourly rate. By knowing my costs, I can utilize my time and effort attracting the type of clientele that I know can afford my service. I don’t necessarily want to be the cheapest price; I want to be their best option.
Do you know what it costs you per hour of operation for your truck, trailer, equipment, labor, etc? If not, find out. Then you can implement a cost recovery system that is based on your company’s overhead, expenses and use-rates. The reality is that everyone’s costs per hour of operation is different. Chat rooms and chat boards are great for some information. But in my opinion, the dollar-a-minute theory and the many other similar pricing strate-gies are often way off target. Pricing is not a one size fits all propo-sition.
Develop Your Own Cost Recovery SystemWe determine our cost per hour by looking at several things…
Direct cost will include things such as equipment purchase price, financing if financed, expected hours of use, insurance, taxes and licensing fee. These are things that will not change.
Variable cost includes things such as fuel, oil changes, mainte-nance, repairs, belts, hoses, tires, etc. Basically any cost associated with operating the equipment.
Additional overhead will include things such as rent, adminis-trative cost, office equipment, uniforms, cell phones, electric, building maintenance, donations, marketing and advertising, trade shows you attend, etc.
Labor cost includes hourly rate of pay, social security match by employer, state and federal unemployment taxes, any type of benefits such as health insurance, paid time off, 401K, bonuses, gift cards, etc.
Taking all of these into consideration will show you what your break-even point is per hour based on your individual operating expenses. Now you have a number that is accurate for your company. Once that is determined, you can add desired profit margin to any service you offer based on your individual market and the type of clientele you want to service. Knowing this number will help you bid jobs more accurately and professionally by knowing what your true costs are to do the job.
SFV CLCA Valleyscape January 2017 5
6 January 2017 CLCA SJV Grapevine & YC NewScape
You will find that your services are easier to sell at a different price once you really know what it cost to do the job. When a client says, “I’ll let you do the job if you can do it for this much,” you now know if the answer should be yes or no. Once you have a good understanding of your operating cost, you will no longer under-sell your services regardless of what your competi-tion is charging.
Additionally, by knowing that your hourly costs are accurate, you can now manage your business for profitability by tracking the actual time to complete the job. There are two aspects involved to come up with the selling price to the client: 1) How much per hour to charge, and 2) how long will it take to complete.
Now that you have a better understanding of how much to charge per hour, you can analyze your estimating process to establish the time to complete the job and make adjustments as necessary to help ensure profitability from the production side of your business. This will help you throughout the year to make better decisions and to more efficiently manage your company moving forward for years to come.
I always say, “Once you truly understand cost per hour of operation, everything else falls into place to help you manage and operate a more professional company.
There are many different cost recovery programs available that are very good and work well. Some are complete software programs while others are much less comprehensive and strictly do cost per hour of operation
for your company. If you are satisfied with your current software program such as QuickBooks, keep using it. If you want to implement a simple, accurate and professional costs per hour of operation system for your company, go to profitsareus.com and download the “Know why you charge what you charge” CD.
This CD runs in Microsoft Excel, and is designed in a spread-sheet format. You simply fill in the blanks and the spreadsheet will calculate your company’s costs per hour of operation based on your specific overhead, expenses and use-rates. It really is that simple. It does not replace software such as QuickBooks. Never under-sell your service again, guaranteed.
Pricing for Profit in Lawn Maintenance, Part 2, continued from Page 5
Safety First!
Tree-Trimming Deaths Under Investigation From Business Insurance by Louise Esola, Submitted by Dan Dvorak, LCIS
California’s Division of Occupational Safety and Health is investigating four tree-
trimming workplace fatalities from a recent six-week period and has launched a statewide safety awareness campaign for tree service companies, landscapers and other businesses.
The state’s Department of Labor Relations announced recently that the four tree-trimming deaths now under investigation by Oakland-based Cal-OHSA include:
• A worker in Mariposa County who was struck by a branch on December 1
• A worker in San Bernardino County who suffocated when dry palm fronds collapsed and trapped him on December 4
• A worker in Los Angeles County who fell approximately 60 feet when the branch he was tethered to broke on January 6
• A worker in Siskiyou County who was struck by the tree he was cutting to clear power lines on January 9
Cal/OSHA investigated nearly 70 accidents involving tree work, including trimming or removal services, in the two-year period between October 1, 2014, and September 30, 2016, the office said
in a statement. Nearly three out of four of these accidents – 74% – resulted in a worker hospitalization, and 12 of the accidents involved the death of a worker, the office reported. The major causes of tree trimming injuries and fatalities include falls, elec-trical shock, being struck by a tree branch, chainsaw lacerations, palm tree skirt collapses and ladder accidents.
Cal/OSHA cited the example of a tree service worker in Humboldt County who accidently cut the lanyard used to secure himself to a tree and fell 54 feet to his death on Dec. 30, 2015. The investigation found that the employer failed to ensure the worker was using a required second point of attachment in his security system while he was operating a chain saw in a tree.
As part of what is dubbed the “Tree Work Safety Emphasis Program,” Cal/OSHA inspectors throughout the state who observe unsafe tree trimming or tree removal operations will investigate possible violations and will respond to reports of unsafe opera-tions, according to regulators.
“Cal/OSHA’s safety awareness campaign aims to protect the lives of tree service workers,” said Cal/OSHA Chief Juliann Sum in a statement. “Employers in this high-risk industry need to be aware of, and take steps to minimize, the hazards to their workers. We will cite employers that are not in compliance with safety require-ments.”
DAN DVORAK Landscape Contractors
Insurance Services
…by knowing that your hourly costs are accurate, you can now manage your business for profitability by tracking the actual time to complete the job.
CLCA SJV Grapevine & YC NewScape January 2017 7
Good Reading
Nine Books to Revolutionize Your Life From Blinkist Book Service
1. On Interacting with the World Around Us – The Code of the Extraordinary Mind
Mindvalley academy founder and cultural iconoclast Vishen Lakhiani doesn’t play by the rules; in fact, he thinks they’re garbage. The Code of the Extraordinary Mind has much more to offer than mere neologisms, however: in it, Lakhiani urges us to intently examine the ways in which we move through and interact with the world around us in order to discover optimum patterns of living, thinking, and learning that suit us as individuals. He constantly dares us to question the status quo, and challenges us to adopt principles that make sense rather than simply adhering to those pre-programmed in our minds by the environment. (Books 2-9 are his life-revolutionizing choices.)
2. On Rebooting a Social Network – How To Win Friends and Influence People
Written by Dale Carnegie, the man who pioneered the self-help genre, the book presents easy-to-follow rules on how to have people at “Hello!” Carnegie delivers his tips with undeniable charm and backs them up with colorful anecdotes from the lives of famous cultural figures such as former U.S. presidents.
3. On Seizing Adventures – Losing My Virginity
The autobiography of self-made businessman Richard Branson (he of Virgin Group fame) details his adventurous path to success, starting with dropping out of school, founding a record label, and crossing the Atlantic on a speedboat! No big deal, right? The core of the book is about how cleverness, determination, and an adventurous mindset can lead to unprecedented success.
4. On Self-Esteem – The Magic of Thinking Big
Professor and leadership consultant David Schwartz shows how achieving our best begins and ends with believing in ourselves. In this book, Schwartz unveils a methodology for muscling up our self-worth through sharpening our creative skills, thinking positive thoughts, and more unassumingly simple steps that help us and our projects shine.
5. On Health & Fitness – The Bulletproof Diet
You may not have read this one yet, but you can’t have avoided hearing all the buzz. The Bulletproof Diet is a secret weapon for sweeping out toxins and rebooting energy and health. Interesting is author Dave Asprey’s Bullteproof Coffee recipe (that’s your standard brew, made unstandard with coconut oil and, yes, butter!), and the healthy eating tips contained therein.
6. On Career & Creativity – Originals
Adam Grant – award-winning consultant, writer, and Wharton School professor – has helped Google, Goldman Sachs, and Disney Pixar level up their human resources and management practices by honoring the original thinking in their organizations. In Originals, he explores where great ideas come from and offers helpful guidelines for identifying truly novel ideas, making it easier for all of us to reach our creative potential.
7. On Ideas about Work – The 4-Hour Workweek
Tim Ferriss’s tremendously popular The 4-Hour Workweek was a revolutionary bestseller when it was first published, and remains just as captivating today. In it, Ferriss describes how to streamline, automate, and optimize in order to spend less time working and more time living. This is a book for anybody who believes that it’s possible to do more with less.
8. On Community Life – Delivering Happiness
Tony Hsieh, legendary CEO of Zappos.com, details how living a life of passion and purpose can infuse our work lives, personal lives, and the lives of the people we touch with joy. The book offers an alternative approach to corporate culture, telling the story of Hsieh and Zappos to illustrate how passion is the real road to profit.
9. On Creative Work – The War of Art
Mustering the bravery to show the world our creative ideas isn’t always easy. Writer Steven Pressfield knows this – and he’s got just the thing to help us win the battle against the fear and self-doubt that hold us back. This book offers an examination of the negative forces that keep us from realizing our dreams and shows how we can bust through insecurity to achieve our greatest creative goals.
8 January 2017 CLCA SJV Grapevine & YC NewScape
Trade Show News
Nor Cal Landscape & Nursery Show at the San Mateo Expo Center
Now that winter has finally arrived in California and the rain has started to fall, it’s time to think about expectations for the new
year. Resolve to attend the Nor Cal Landscape & Nursery Show February 16 at the San Mateo Expo Center.
Nor Cal has an outstanding roster of seminars this year. There’s an opportunity for everyone to sharpen their skills for the coming spring at this CLCA event. And don’t forget to update your profes-sional licenses by taking advantage of the many continuing education credits available. Register for classes by visiting www.norcaltradeshow.org. Your seminar badge will also get you into the trade show exhibits.
The Nor Cal Landscape & Nursery Show has a treasure trove of continuing education credits on all of the seminars. Here’s a listing of organizations involved:
Association of Professional Landscape Designers (APLD); CA. Association of Nurseries & Garden Centers (CANGC); International Society of Arborists (ISA); Irrigation Association (IA); National Association of Landscape Professionals (NALP) has two certifications – Certified Landscape Technician (CLT) and Certified Landscape Professional (CLP); Qualified Water Efficient Landscaper (QWEL)
Among the seminars offered are:
Computerized Estimating Workshop Speaker: Jim Huston, HC Consulting CEUS: (2)IA,(4 Business) APLD,(Sign-in Sheet) CANGC, (6 CLP) NALP, (6) ISA
Topic: Establishing a water budget for an existing site Speaker: Jim Borneman, VP-Emeritus of the Education Department, Ewing Irrigation Products.CEUS: (4) IA, (2) APLD, (Sign-in Sheet) CANGC, (4 CLT) NALP, (2) QWEL, (3.5) ISA
Bulletproof Succulents for California Gardens Speaker: Aaron Ryan, Horticulturalist & General Manager of Succulent Gardens CEUS: (0.25) IA ,(1) APLD, (Sign-in Sheet) CANGC, (1 CLT) NALP
Plants, Pollinators and Pesticides, Can They Work Together? Speakers: Dr. Christine A. Casey PhD., Häagen-Dazs Honey Bee Haven, University of California, Davis CEUS: (1) APLD, (Sign-in Sheet) CANGC,(1) ISA
Designing and Maintaining the Water-Wise Garden Speaker: Julia Bell, Creative Director of Succulent Gardens & Owner of Bell & Flourish Landscape Design CEUS: (1) IA, (1) APLD, (Sign-in Sheet) CANGC, (1 CLT) NALP, (1) QWEL
Hot Trends in Edibles Speaker: Renee Shepherd, Renee’s Garden CEUS: (0.25) IA, (1) APLD, (Sign-in Sheet) CANGC,(1 CLT) NALP
Watershed-Friendly Landscaping Speaker: Owen Dell, Owen Dell & Associates CEUS: (1.5) IA, (1.5) APLD, (Sign-in Sheet) CANGC,(1.5 CLT & CLP) NALP, (1) QWEL, (1.5) ISA
MWELO Updates and the Bay-Friendly Rated Landscape Program Speaker: Ann-Marie Benz, ReScape California CEUS: (1) IA, (1) APLD, (Sign-in Sheet) CANGC, (1 CLT & CLP) NALP, 1 QWEL, 1 ISA
Pricing: $40 per seminar by February 10th, or $45 after February 10th, or 3 seminars for $100 by February 10th, or 3 seminars for $110 after February 10th. Student pricing: 1 to 3 seminars for $25.
For complete information on the CEUs and to register visit www.norcaltradeshow.org and click Seminars. CLASSES. For more information call (530) 458-3190.
CLCA SJV Grapevine & YC NewScape January 2017 9
How Employers Can Deal with Prop 64 – California’s Marijuana Act
Thank you to CLIC (California Landscape & Irrigation Council) and their governmental affairs specialist Eddie Bernacchi, for
the following article.
This past election, California voters passed Proposition 64 the “Control, Regulate and Tax Adult Use of Marijuana Act” (the Act), which makes recreational marijuana legal under certain limits in the State of California.
Contractors have expressed concerns regarding the passage of Prop 64 and its impact on the jobsite relating to workplace and worker safety.
Please note that the Act does not preclude an employer from adopting and enforcing its own rules around testing and use of marijuana for its employees. In fact, the Act contains a provision which preserves employers’ sovereignty in setting drug-screening policies:
“Nothing in section 11362.1 shall be construed or interpreted to amend, repeal, affect, restrict or pre-empt … the rights and obligations of public and private employers to maintain a drug and alcohol free workplace or require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of marijuana in the workplace, or affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees, or affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees, or prevent employers from complying with state or federal law.”
Currently, California law permits employers to conduct drug testing under five circumstances: (1) pre-employment, (2) as part of physicals examinations, (3) under reasonable suspicion, (4) post-accident, and (5) random testing. Even with the passage of Prop 64, the current legal precedent in the State of California is still that an employer who maintains work rules prohibiting use of marijuana may test and discipline, or even terminate an employee for having marijuana in his/her system, even if marijuana use is
permitted by law. Consequently, employers may still adopt and enforce policies that prohibit employees from using marijuana at any time during their employment.
Even though Prop 64 was designed in part to protect drug-free workplaces, the issue of whether an employer may discipline, or even terminate for marijuana use, may still be open to interpreta-
tion by the courts in the future. While it is difficult to forecast whether the courts of California would ever change current legal precedents, courts in states like Colorado and Oregon, which have already legalized recreational use of marijuana, have upheld employer decisions to terminate employees for marijuana use where drug-free work rules were in place. These courts’ decisions have been based at least in part on the fact
that marijuana is still considered an illicit, controlled substance under federal laws.
In summary, the regulations ushered in by the passage of Prop 64 do not impair an employer’s ability to maintain rules prohibiting the use of marijuana as conditions of hire or continued employ-ment. Since legal recreational use may still have an effect on usage of marijuana, it is important that contractors reiterate its rules regarding drug and alcohol use, including marijuana, to job candi-dates and employees. If you have concerns about your company’s rules regarding testing or use of marijuana, we encourage you to reach out to your legal counsel to address those questions.
Marijuana and the Workplace
Tyler Gillette533 Hawthorne PlaceLivermore, CA [email protected]
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State-of-the-art Anti-oxidant,Alkaline water…FROM YOUR OWN KITCHEN TAPPREMIUM AUTHORIZED DEALER
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10 January 2017 CLCA SJV Grapevine & YC NewScape
(888) 638-2346 www.netafimusa.com
The latest addition to the best-selling line of landscape dripline, Netafim’s Techline® HCVXR is the ONLY landscape dripline that infuses Cupron® Copper Oxide directly into the mold of each emitter to provide a long-lasting root barrier for subsurface dripirrigation systems that won’t wash away after years of use.
• Infused Cupron® Copper Oxide Combined with Netafim’s Physical Root Barrier Properties Provide Long Lasting Protection Against Roots Throughout the Life of the Dripline • High Check Valve in Each Emitter for Uniform Distribution on Sloped Landscapes • Built-in Anti-Siphon Feature Protects Against Debris • Four New Emitter Flow Rates • Laser Etching on the Dripline for Easy Identification
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Combatting Unlicensed Contractors
California Construction Industry Urged to Help CSLB Conduct its Highly Successful Undercover Sting Operations
One of the Contractors State License Board’s (CSLB) best tools to catch unlicensed contractors is an undercover sting
operation. CSLB conducts stings all around the state on a regular basis. The stings are conducted by CSLB’s Statewide Investigative Fraud Teams (SWIFT) with the assistance of state or local law enforcement agencies. Every year, investigators arrest hundreds of unlicensed contractors through these undercover operations that are staged unannounced year-round throughout California.
In order to continue these efforts to curb the underground economy, CSLB needs access to more residential and commercial properties to use for 1-2 days as sting sites to catch suspected unlicensed contractors. Recognizing that stings are one of CSLB’s most effective weapons against illegal contracting, the Board gave their approval to schedule more events to flush out phony contrac-tors in 2017.
To offer a property for use at a future sting, or to learn more about these operations, please contact the SWIFT office closest to you:
Northern California 916.255.2924, [email protected] California 559.490.0580, [email protected] California 562.345.7600, [email protected]
Toro Completes Acquisition of German-Based Irrigation Manufacturer Regnerbau Calw
The Toro Company recently announced that it has completed the acquisition of Regnerbau Calw GmbH, a privately held
manufacturer of professional irrigation equipment. Terms of the transaction were not disclosed.
Headquartered in Althengstett, Germany, Regnerbau Calw GmbH manufactures a variety of irrigation products under the Perrot brand, including retractable sprinklers for sports fields, impact sprinklers and coupling systems for agricultural fields, and rain guns for industrial applications. The long-distance casting range and fast rotation of Perrot’s sports field sprinklers make them an ideal choice for maintaining both natural and synthetic turf on soccer, tennis, rugby, cricket, golf and equine venues.
The Toro Company (NYSE: TTC) is a leading worldwide provider of innovative solutions for the outdoor environment including turf, snow and ground engaging equipment, and irriga-tion and outdoor lighting solutions. With sales of $2.4 billion in fiscal 2016, Toro’s global presence extends to more than 90 countries. Through constant innovation and caring relationships built on trust and integrity, Toro and its family of brands have built a legacy of excellence by helping customers care for golf courses, landscapes, sports fields, public green spaces, commercial and residential properties and agricultural fields. For more infor-mation, visit www.toro.com.
CLCA SJV Grapevine & YC NewScape January 2017 11
Safety First!
New Rules from OSHA From Green Industry Pros, Security Info Watch and Atty. James I. Curtis of Seyfarth Shaw LLP
OSHA recently revised numerous procedural rules as part of an ongoing enforcement campaign. The new rules dramati-
cally increase the size of penalties for OSHA violations. OSHA also created new rules regarding drug testing, injury reporting and employer incentive programs that run contrary to many employers’ well-established workplace policies and procedures.
Given these recent changes and OSHA’s enforcement agenda, employers are at increased risk for inspections and citations. One of the most common triggers for an OSHA inspection is an employee complaint. Terminated and otherwise disgruntled employees will often call OSHA to complain about workplace hazards, which frequently triggers an on-site inspec-tion into whether the company is properly following regula-tions.
OSHA also has numerous special emphasis programs that target specific hazards, such as fall hazards, electrical hazards and heat/cold stress. If your employees work outside in the heat/cold or are involved with electrical work or working on ladders/getting on a roof, you should be especially careful that your safety policies are current and training is up to date. This is one area where an ounce of prevention is truly worth the investment.
Increased Penalties & Drug TestingEffective Aug. 1, 2016, the penalties of non-compliance with OSHA regulations increased by 78 percent. On average, OSHA issues approximately three to five citations per inspection. With OSHA’s increased enforcement agenda, employers can now expect to see typical penalties in the $30,000 to $60,000 range and penalties well into six figures for repeat or willful offenders.
OSHA’s new rules also prohibit an employer from discharging or discriminating against an employee for reporting a work-related injury or illness. OSHA’s Preamble to the Final Rule interprets the regulation broadly to prohibit any “adverse action that could well dissuade a reasonable employee from reporting a work-related injury or illness.”
OSHA applies this prohibition to any “blanket post-injury drug testing policies that deter proper reporting,” concluding that drug-testing alone constitutes an “adverse employment action.”
OSHA instructs employers to “limit post-incident testing to situ-ations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.” OSHA explains with examples:
it “would likely not be reasonable to drug test an employee who reports a bee sting, a repetitive strain injury, or an injury caused by a lack of machine guarding or a machine or tool malfunction.”
OSHA’s interpretation of its new rule calls into question the widespread use of mandatory post-accident drug testing programs. While federal courts may not uphold OSHA’s reasoning that a drug test, standing alone, is a form of an “adverse employment action,” employers should be mindful of their policies and should consider whether to update those policies to avoid scrutiny by OSHA.
Incentive Programs Now CondemnedThe new rule similarly condemns employer safety “incentive programs” as a form of retaliation. This
position is consistent with OSHA’s past rulings and guidance on employer incentive programs, but goes further in widening its prohibition on incentive programs even when they are part of a broader compliance program.
The new rules explain that “it is a violation of paragraph (b)(1)(iv) for an employer to take adverse action against an employee for reporting a work-related injury or illness, whether or not such adverse action was part of an incentive program.” OSHA’s inter-pretation prohibits all programs in which employees are denied a benefit on the basis of any injury or illness report. For example, many employers provide a “safety bonus” if there are no workplace injuries. OSHA’s position is that such a “safety bonus” does not improve safety, but rather chills employees from reporting injuries because they want to receive the bonus.
However, OSHA does not object to an incentive program that makes a reward contingent upon, for example, whether employees correctly follow legitimate safety rules, rather than whether they reported any injuries or illnesses. OSHA further encourages incentive programs that promote worker participation in safety-related activities, such as identifying hazards or participating in investigations of injuries, incidents or ‘‘near misses.’’
Accordingly, employers should consider OSHA’s new interpreta-tion when reassessing their incentive programs to ensure they are offering a benefit or reward based on promoting a safe workplace, and not just penalizing employees for getting injured.
There are also new rules regarding retaliation and electronic submission of injury and illness data.
12 January 2017 CLCA SJV Grapevine & YC NewScape
How Trump Policies Might Affect the Green Industry Submitted by Mickey Strauss, from an article by Gregg Wartgow
Following are key proposed Trump/Pence policies as they relate to lawn care and the landscape industry:
TAX POLICY• Trump wants to greatly simplify the tax code, streamlining the
current seven income tax brackets down to three. All income-taxed Americans would see a reduction in their tax rate, which would be either12%, 25% or 33%.
• The investment income tax would be eliminated.
• The capital gains tax would remain the same.
• Carried interest would now be taxed as ordinary income.
• Death tax would be repealed.
• The business tax rate would be cut from 33% to 15%.
• Create a deduction for childcare and eldercare based on state average.
TRADE• Trump vows to reassess all trade deals and renegotiate as
necessary.
• The ultimate goals are to: 1) Close the gap between imports and exports, and 2) Protect American workers by discouraging the relocation of jobs to other countries.
HEALTH CARE• Trump promises to work with Congress to repeal and replace the
Affordable Care Act (ACA), aka Obamacare.
• His goals are to institute the creation of health savings accounts, drive down costs by creating interstate competition between insurance companies, return regulatory control to the states, and re-establish high-risk pools as a more effective way to insure people with extensive medical needs.
REGULATIONS• Require all federal departments to conduct internal audits to
identify unnecessary, job-killing regulations.
• Place a temporary moratorium on all new regulation not autho-rized by Congress.
• Eliminate the oppressive Clean Water Rule and the Clean Power Plan.
FINANCIAL SERVICES• Dismantle what is known as Dodd-Frank, a law that made
historic changes to the financial regulatory environment.
• Trump wants to replace the law with more pro-growth financial policies.
ENERGY• Make America energy-independent by making full use of all
energy resources.
• Greatly simplify the permit process for energy projects.
EDUCATION• Eliminate Common Core and advance policies supporting
education at the state and local level.
• Trump supports school choice and vocational programs.
IMMIGRATION• Focus on public safety and American workers.
• Deport criminal illegal immigrants immediately, as well as visa overstays.
• Funding of sanctuary cities will be stopped.
• Build a wall at the southern border.
• Supports mandatory e-verify, along with the H-2B seasonal guest worker visa program.
Nor Cal Landscape & Nursery Show Growing Forward
February 16 • 2017 9 am to 5 pm
Trade Show & Educational Seminars
Expo Hall San Mateo Expo Center
1346 Saratoga DriveSan Mateo, CA 94403
530.458.3190www.norcaltradeshow.org
State CLCA NewsBusiness SmartsState CLCA NewsThings to Come?
CALL OUR ADVERTISERS
FIRST!
CLCA SJV Grapevine & YC NewScape January 2017 13
YC President’s Message
Yosemite Chapter2017 Board of Directors
IMMEDIATE PAST PRESIDENT Marc Minton
Landscape Solutions 209-456-6901
SECRETARY Travis Hansen
Yardworks Landscape 209-628-4267
TREASURER Brian Zanni
Now Image Landscape Co. 841-291-7220
INTERIM EVENTS DIRECTOR Quenzel
RIQ Landscape & Design 209-333-2883
A.M.O. REP Dwight Howell
Ewing Irrigation – Merced 209-388-9531
DIRECTOR Bob Edwards
Evergreen Landscape Service 209-357-1516
DIRECTOR Michelle Brown
Normac Irrigation 209-577-3832
DIRECTOR Gina Ratto
Delta Bluegrass Company 209-406-7749 Cell
DIRECTOR Frank Quaresma
Live Oak Landscape 209-575-0468
PRESIDENT Tim Pflueger
Pflueger Design 209-883-9118
Kick Off Meeting Set for February 23 in Stockton
Although we have already had several Board Meetings and planning sessions this year, we are happy to announce that the
YC Chapter is having its first official General Meeting of the New Year. The scrumptious DINNER will be held Thursday, February 23 at Dave Wong’s Chinese Restaurant, 2828 W. March Lane, Stockton, CA 95219; (209) 951-4152.
Things get started with a welcome reception at 5:30 p.m., with a delicious dinner at 6 p.m. Donation is $25 per person. A bountiful raffle will also take place at the dinner.
We are still working on the program, but part of it will include a discussion about the benefits of CLCA membership. So bring a potential member and learn along with him or her about all the valuable information, resources, legislative support and FUN events available to our CLCA members.
We will also discuss Chapter activities and programs the Board is considering for the year, as well as CLCA State activities that are already planned. Potential Chapter activities include a Community Project at the Vet’s Hall in Modesto (a pond project), participa-tion in the non-profit Crab Feed event, and the revisiting of our Fishing Derby. If you have any ideas about other events or
programs you’d like to see, give me a call…or better yet, get involved and turn your idea into a reality.
As far as State events are concerned, we’ll talk about what we learned and saw at Leadership Day January 31 and the Landscape Industry Show set for February 1-2, both events to be held at the Ontario Convention Center. We will also discuss the trade show closer to us…the Nor Cal Landscape & Nursery Show February 16 is San Mateo. Plan to attend one or both. We will also have some details to share about the CLCA State Convention to be held in Arizona in November.
Next Board Meeting February 8 in CeresThe next YC Chapter Board Meeting will be held Wednesday, February 8, 5 p.m. at Hot Rod Diner, 1515 Herndon Rd. Ceres, CA 95307; (209) 581-0150. All Chapter members, suppliers and interested persons are welcome to attend. – Tim
TIM PFLUEGERYosemite Chapter
President Pflueger Design
Potential Chapter activities include a Community Project at the Vet’s Hall in Modesto (a pond project), participation in the non-profit Crab Feed event, and the revisiting of our Fishing Derby.
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Growers of Quality Sod Since 19699691 ecniS doS ytilauQ fo sreworG Growers of Quality Sod Since 19699691 ecniS doS ytilauQ fo sreworG Hablamos Español en la oficina!
Todd GerrowNo. San Joaquin ValleyCell: (916) 216-2859Office: (209) 333-8026
Bruce CasonSo. San Joaquin ValleyCell: (559) 289-6381Office: (559) 891-8806
Lifetime Members of the CLCA
YOSEMITE CHAPTER
JACK COVERJONNIE GALLOWAYTIM PFLUEGERGEORGE SCHAAFFRANK QUARESMAHOWARD SUTTON
14 January 2017 CLCA SJV Grapevine & YC NewScape
State CLCA NewsBusiness SmartsState CLCA NewsAdvertising Index
Call Our Advertisers First!A-G Sod Farms ........................................................... 13
Aqua Cents ................................................................... 8
Birch Equipment Finance .............................................. 4
Delta Bluegrass Company .............................................. 4
El Dorado Communications ........................................ 14
Ewing Irrigation Products.............................................. 2
Horizon ........................................................................ 5
Landscape Contractors Insurance Services ................... 3, 4
Netafim ...................................................................... 10
Nor Cal Landscape & Nursery Show ............................ 12
NORMAC Irrigation and Landscape Supplies .............. 14
Pacific Coast Seed ......................................................... 9
Tyent Alkaline-Antioxidant Water ................................. 9
Village Nurseries ........................................................... 9
West Coast Turf .......................................................... 14
TO ADVERTISE in this magazine, contact Editor John R. Hernandez at (626) 965-5015Deadline for stories and advertising materials:
15th of the month prior to publication.All advertising is to be Paid in Advance. Prorated for Year.
Technical Information: Supply ads as PDF, TIFF or JPG files (300 dpi min.) formatted for MAC or PC. Ads received outside of size requirements may be reformatted or cropped to fit as required.
Please make checks payable to El Dorado Communications, Inc., and mail to: Editor John R. Hernandez, 19055 Abdera St., Rowland Heights, CA 91748-2202. All ads must be prepaid unless otherwise arranged. Phone (626) 965-5015, Fax (866) 591-5093.
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Sacramento (South) 8472 Specialty Circle (916) 387-4040Rocklin 4311 Anthony Ct., 900 (916) 652-5827Redding 2570 Tarmac Road (530) 222-0101Modesto 1125 Carver Road (209) 577-3832
8 Convenient Northern California Locations
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19055 Abdera Street / Rowland Heights, CA 91748tel 626.965.5015 / cell 626.715.1757 / fax 866.591.5093
JOHN R. HERNANDEZPublisher / CEO
Advertise in the New Grapevine & NewScape!
California Landscape Contractors Association, Inc. SAN JOAQUIN VALLEY & YOSEMITE CHAPTERS
c/o El Dorado Communications, Inc. – John R. Hernandez, Editor 19055 Abdera Street, Rowland Heights, CA 91748-2202
(626) 965-5015 . Cell (626) 715-1757 . Fax (866) 591-5093 . [email protected]
New Grapevine & NewScape 2017 Insertion Order & Contract
Please fill out and fax, mail or email to Editor John Hernandez (see above). See below for payment information.
COMPANY _______________________________Phone______________Fax_____________ CONTACT _______________________________Email _______________________________ BILLING ADDRESS ________________________CITY_____________STATE____ZIP______ COMPANY WEBSITE __________________________________________________________ I authorize El Dorado Communications to insert my ad in the Grapevine/NewScape Magazine
on a monthly basis for one full year as follows: YEARLY RATE - 12 ISSUES
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**Ad fees for partial years are prorated to end of year. To determine, divide yearly rate by 12 and multiply by number of months left in year. Ad Agencies: These rates are NET. CK INCLUDED WITH THIS ORDER (CK#________) BILL ME AT MY ADDRESS ABOVE Make checks payable to: El Dorado Communications, Inc. (NOT THE CHAPTER!) Mail to: Editor John R. Hernandez, 19055 Abdera Street, Rowland Heights, CA 91748 Technical Information: Supply ads via email in a TIFF, JPG or PDF format (300 dpi min.) formatted for either Mac or PC. Ads received outside of size requirements may be reformatted or cropped to fit as required. Email stories in MS Word if possible, to Editor John R. Hernandez at: [email protected]
DEADLINE for ads and stories: 15th of the month prior to publication
+++Ads must be paid in advance unless previous arrangements are made with the Editor or Advertising Coordinator. Any ad that remains unpaid for more than 2 issues without an agreement in place will be removed until the payment is resolved. Revised: 12/5/16
Ask about BONUS ADS when advertising in multiple El Dorado publications. NOTE: I UNDERSTAND MY MONTHLY AD WILL RENEW AUTOMATICALLY EACH JANUARY, AND WILL CONTINUE TO RUN UNTIL I NOTIFY THE ADVERTISING COORDINATOR OR THE EDITOR+++ Authorized Signature_______________________Title________________Date_________
CLCA SJV Grapevine & YC NewScape January 2017 15
16 January 2017 CLCA SJV Grapevine & YC NewScape
California Landscape Contractors Association, Inc. SAN JOAQUIN VALLEY & YOSEMITE CHAPTERS
El Dorado Communications, Inc. – John R. Hernandez, Editor 19055 Abdera Street, Rowland Heights, CA 91748-2210
(626) 965-5015 . Cell (626) 715-1757 . Fax (866) 591-5093 . [email protected] .
San Joaquin Valley and Greater Yosemite Area Businesses and Advertisers: LET US REACH THE C-27 LANDSCAPE CONTRACTORS YOU’RE LOOKING FOR!
Here is your 2017 Media Kit for the New Grapevine Newsletter of the San Joaquin Valley Chapter, and the NewScape Newsletter of the Yosemite Chapter (formerly the Northern San Joaquin Valley Chapter). Combined into one publication, this new magazine now offers twice the coverage and circulation, with NO INCREASE IN ADVERTISING COST. We are proud to be serving the communication needs of these two great Chapters of CLCA, the California Landscape Contractors Association. Please note that the rates for 2017 are the same as 2016 and several prior years. We are doing all we can to help our advertisers overcome this business downturn! As a present or potential advertiser in this informative and colorful publication, you understand the value of reaching out to local landscape contractors for new and repeat business. The Grapevine/NewScape can help you do exactly that, with pizzazz and excellent circulation…every month in living color! If you have customers or potential customers in our area, LET US REACH THEM FOR YOU by putting your ad in front of them! Thank you in advance for your support of our Magazine and our Chapters. This unique magazine is published monthly (12 times per year), with occasional printed special issues. Every issue – printed or not – is distributed via EMAIL each month. Printed issue months vary depending on Chapter and State activities, events and advertising inserts.
Our emailing distribution list continues to grow each month, and is now over 1,200 each issue. You may visit your current New Grapevine & NewScape Magazine online issue at: www.EldoradoCommunicationsPublications.info
Printed copies: 300 copies per print month for mailing and distribution at meetings and supplier locations. Special issues mailed to all Chapter members, Green Industry VIPs, State Officers and other Chapter Presidents, advertisers and other interested landscape contractors wanting a hard copy.
Send us your email address and/or email contact list. We'll be happy to email each one of these persons a copy of Grapevine/NewScape WITH YOUR AD IN IT!
Advertisers: Readers who click onto your ad in our email version of this magazine will be linked to your website at no additional cost to you!
INSERT INFO: Please send 350 copies per run to insert in special printed versions of the New Grapevine & NewScape Magazine, as we print extras! Also, please send a PDF of your complete insert (all pages) for inclusion in the email version of our magazine. Please place or renew your advertising in the New Grapevine & NewScape Magazine. We depend on you, our advertisers, to make our Chapter Magazine possible. Do you have something new happening at your company that you would like to tell our readers about? Just send us the information…we will be happy to run it FOR FREE in the New Grapevine & NewScape Magazine. What a great way to promote your business! Attached is a rate sheet and insertion order. Fill it out and send it to us to place or renew your ad. Existing advertisers, take this opportunity to send us new artwork or upgrade your ad size for greater effectiveness. Our magazine offers color at no additional charge, so send us your color ads and color photos! Please call Editor John Hernandez at (626) 965-5015, cell (626) 715-1757, with any questions on this or the attached information; or email John at: [email protected] Thank you for your continued support of CLCA!
State CLCA NewsBusiness SmartsState CLCA NewsReach Your Target Audience!
