TRAVERSE NOTES FROM THE INITIAL POINTMarch 2012 CLSA East Bay Newsletter Page 1 CALIFORNIA LAND SURVEYORS ASSOCIATION – EAST BAY CHAPTER APRIL 2012 (415) 283 OFFICERS TRAVERSE NOTES

March 2012 CLSA East Bay Newsletter Page 1

CALIFORNIA LAND SURVEYORS ASSOCIATION – EAST BAY CHAPTER APRIL 2012

O F F I C E R S

TRAVERSE NOTES FROM THE INITIAL POINT

PRESIDENT

Frank Borges

(925) 682-6976 ext. 1036

[email protected]

VICE-PRESIDENT

Craig Roberts

(415) 283-8581

[email protected]

SECRETARY

Jan Gill

(510) 543-5950

[email protected]

TREASURER

Dave Murtha

(510) 627-1474

[email protected]

IMMEDIATE PAST PRESIDENT

John May

(925) 476-2345

[email protected]

NEWSLETTER EDITOR

Greg St. John

(510) 544-2375

[email protected]

C H A P T E R D I R E C T O R S

Steve Martin

Hal Davis

Gwen Gee (Alternate)

Janine Hampton (Alternate)

C O M M I T T E E C H A I R S

MEMBERSHIP

Janine Hampton

GOVERNMENT LIAISON COMMITTEE

Hal Davis

presentation from Leonard Rifkin, Esq., regarding boundary disputes. Sometimes it’s hard to remember that our survey is

only a small part, one fact, of the overall story regarding a

boundary dispute. I look forward to hearing another profession’s perspective regarding what we do.

I also want to give a big THANK YOU to the Contra Costa County

Public Works Department and Janine Hampton for hosting and conducting our first “Mini-Seminar”, this time on Corner

Records. We want to do more of these, so if you have ideas

about what you want to hear and where you want to hear it, please let me know.

I hope to see everyone at our next chapter meeting on May 9th!!

President’s Notes by Frank Borges

What a great turnout we had

at our last chapter meeting! Thanks to Reid

Penland for hosting our

chapter and giving a

presentation regarding his Survey Monument

Preservation application. The

next chapter meeting should

be a good one as well with a

April Meeting

Alameda County

Monument Preservation Fund

Presented by Reid

Penland, Alameda County Surveyor

Thanks everyone for

coming!

March 2012 CLSA East Bay Newsletter Page 2

NEXT CLSA EAST BAY CHAPTER MEETING

Wednesday, May 9, 2012

6:00pm-7:00pm: Social Hour

7:00pm: Meeting and Dinner 7:30pm: Speaker

Location:

Pyramid Brewery Berkeley Alehouse

901 Gilman Street Berkeley, CA 94710

(510) 528-9880

Dinner Menu:

Grilled Chicken Penne Grilled chicken breast over penne pasta in garlic cream sauce

Tortellini Pesto Primavera Cheese tortellini sautéed with julienne vegetables tossed in pesto

Entrees include mixed green salad, seasonal vegetables & roasted red mashed potatoes with unlimited soda, coffee & tea Cost: $35 per person

RSVP MUST be by Noon Friday, May 9, 2012

to Dave Murtha [email protected]

(510) 627-1474 please specify entree choice

Speaker:

Leonard A. Rifkind, Esq., Rifkind Law Group

Mr. Rifkind has been practicing law for more than 24 years. His law firm, Rifkind Law Group, focuses on both real estate and business transactions and related

litigation matters. His litigation experience includes easements, CEQA matters,

construction defects, tree and view disputes, boundary disputes, and more. He has conducted numerous training seminars including more than 10 PESI

seminars on easements and boundary disputes with Walter Robillard. He has

published numerous articles related to his area of practice. He is active in the local community and is presently serving as the Mayor of Larkspur.

Presentation: “Can’t We Get Along--Adjoining Property Disputes”

Adjoining property disputes are encountered by most surveyors during the course of their career. This particular presentation will touch on numerous topics including boundaries and

encroachments, agreed boundary doctrine, easements, civil harassment, adverse possession, and

much more.

See you at the meeting!

March 2012 CLSA East Bay Newsletter Page 3

East Bay Chapter of CLSA would like to extend a special thanks to:

John May and

Tom Finnegan

And all the topic presenters for all their hard

work preparing the LS Review Seminar.

THANK YOU!!!

Events at a Glance….

CLSA East Bay Chapter

Meeting

May 9, 2012

6:00PM

Location:

Berkeley Pyramid Brewery

Speaker: LEN RIFKIND

“Can’t We Get Along--Adjoining

Property Disputes”

CLSA East Bay Chapter

Bay Bridge Tour

May 4, 2012

9:30AM

Norman Payne

The East Bay Chapter would like to acknowledge

the passing of Norman Payne, retired Land

Surveyor with the City of Hayward. He passed

away on March 12, 2012. We would like to thank him for his contributions to the

profession. We wish his family and friends the

best through this difficult time.

Is your firm interested in advertising in the newsletter?

Advertising Rates:

Quarter Page: $10 per month or $90 per year;

Half Page: $20 per month or $180 per year; Full Page: $30 per month or $270 per year.

Quarter Page: 3 ¼”w x 5”h

Half Page: 7.5”w x 5”h Full Page: 7.5”w x 10”h

If you are interested please contact newsletter editor, Greg St. John at [email protected]

VOLUNTEERS NEEDED FOR CLSA BOOTH!

Art & Wind Festival

Sunday & Monday, May 27 – 28, 10 am-5 pm

San Ramon Central Park, 12501 Alcosta Blvd

Our chapter made a $50 donation for the Art & Wind Festival to reach out to the public

about our profession. Volunteers are still needed. If interested contact Mike Foley

[email protected]. The event takes place on Memorial Day weekend. The Mt.

Diablo Surveyors Historical Society will have an adjacent booth.

March 2012 CLSA East Bay Newsletter Page 4

Thanks to the following advertisers for their support!

March 2012 CLSA East Bay Newsletter Page 5

My Account of the CLSA Conference By Craig Roberts, PLS

As always, I had a great time at the CLSA conference. There is no better place to meet

other people who are facing the same professional challenges as yourself. For me, it is

a time to reflect on where surveyors stand in the community at large, assess our threats, and capitalize on our opportunities. Tim Case, of RBF in Sacramento, gave

an interesting presentation on subsidence in the San Joaquin Valley. The most

important thing that stuck with me from his presentation was his argument that we should spend more time trying to expand into new markets rather than protect the

markets we currently serve. In his presentation he identified "geodynamics" the

movement and change of the earth, as an important area in which surveyors can serve as experts.

The scholarship auction is always one of the highlights of the event. Our auctioneer,

Lightning, once again made raising money for students a fun, exciting experience. There were a very large number of items donated including two Trimble

5600's and a Trimble GX laser scanner. There were many beautiful antique

instruments as well. The best winning bids? $2000 for a quilt, and a little over

$5000 for a laser scanner! Both won by our own members! $34,000 was raised in the live auction alone. Much more if you include the silent action as well.

I am happy I went and will continue to make it a priority in the future. For those who

didn't make it or have never been to a conference, I hope to see you there next year!

PLEASE PAY YOUR CHAPTER MEMBERSHIP THIS YEAR!

(THIS IS SEPARATE FROM THE STATE MEMBERSHIP)

Keep current on pending legislation that affects the profession

Knowledgeable speakers can help you keep you competitive

Network with others

The East Bay Chapter supports surveying scholarships and this year offers an LS

review course and mini-professional development.

Fill out the attached form and mail to the address listed at the bottom with a check made payable to "CLSA East Bay Chapter" or turn it in at the next chapter meeting.

Thank you!!!

Sustaining Membership: Now $200 per year which includes ¼

page advertising in the newsletter for 1 year and up to 6

memberships (employees from the Sustaining member firm).

These memberships do not count for representation which is based on “corporate membership”.

Corporate Membership (PLS): Remains the same at $35 per year.

All Other Membership (LSIT, Out of State, nonlicensed): Reduced to only $20 per year.

March 2012 CLSA East Bay Newsletter Page 6

CLSA East Bay Chapter Members – 2012

SUSTAINING MEMBERS: Baldur Tryggvason, GeoMaps

CORPORATE MEMBERS, LIFE: Dean Bailey; Ed Boris; Hal Davis; Myron Lewis;

C.E. 'Gene’ Phipps; and Wendle Whipple

CORPORATE MEMBERS, REGULAR: Robert Abbott, BART; David Baumann, RBF Consulting; Frank Borges, Towill; Robert Brunel, Moran Engineering; Bob Bryant,

Bryant Surveys; Daniel Bustamante, RBF Consulting; Liz Charlton, CCCSD; Kevin

Collins, CCCSD; Michael Cusick, RSE Corp; Vincent D'Alo, Aliquot Associates; Tom Dougherty, SCVWD; Thomas Finnegan; Michael Foley, Kier & Wright; Michael

Foster, Bay Area Land Surveying; Les Freligh, PLS Consulting; Gwen Gee, County

of Santa Clara; Bruce Gowdy, Martin M. Ron Associates; Earl Gray, Earl Gray Land Surveying; Janine Hampton, Contra Costa County; Joddie Heavener, EBRPD

(Retired); Lee Hixson, EBMUD; Ross Kinnie, Accurate Land Solutions; John

Koroyan, BKF Engineers; Richard Langford, Langford Land Surveying; Paul Mabry,

Golden Gate University; James Mangini, EBMUD; Duncan Marshall, EBRPD; Steve Martin, EBMUD; John May, Towill; Steve Mendenhall, Psomas; Dave Murtha,

Port of Oakland; Patrick Rei, Kister, Savio & Rei; Johnny Rinehart, Rinehart &

Associates; Craig Roberts, EBMUD; Greg St. John; EBRPD, Jim Stein, Contra Costa County, Khin Voong, City and County of San Francisco; and Rene (Ray) Zwemmer

CORPORATE MEMBERS, CE (Pre-1982): Michael McGill, MMS Design Associates;

John New, New Engineering; and Bud Simmons, MSD Engineering

OUT-OF-STATE MEMBERS: Matthew Fallau, SFO; and Larry Perkins, Accurate

Land Solutions

ASSOCIATE MEMBERS (LSIT): Rebecca Auerbach, Bates and Bailey; Zuzana Balajadia, City of Fremont; Tim Boone, Caltrans; Alex Caragay, Caltrans; Jason

Fong, RBF Consulting; Gary Freitas; Silke Jobst, SCVWD; Steve Kennedy, Towill;

Alex Krivosheyev, City and County of San Francisco; Paul Lins, Moran Engineering;

Audrey Louis-Enstro, Caltrans; Alex Martinez, Aliquot Associates; Leonardo Martinez, Towill; Caleb McCallister, JES Engineering; Marilyn Morris, BKF

Engineers; Jonathan Olson, Towill; John Pawson; Brian Spore, City of Hayward;

Derek Taaning, Bryant Surveys; Matthew Tanner, City and County of San Francisco; Bradley Thomas; and Frederick Woods, Caltrans

AFFILIATE MEMBERS: Jan Gill; Tsegereda Naizghi, City and County of San

Francisco; and Aundrea Tirapelle, Guida Surveying

STUDENT MEMBERS: Miguel Guzman, Evergreen Valley College

If you don’t see your name on this list, please see attached membership form or contact Treasurer, Dave Murtha

March 2012 CLSA East Bay Newsletter Page 7

Synopsis of April 28 2012 CLSA Board Meeting (120+ pages on agenda)

Definitions: The Association is the State CLSA. Directors are the corporate members elected by their chapter formally called “Representatives”

At the last Board meeting, directors were asked to stand and take an oath. This

lead to a lively discussion and some directors refused, as this was a surprise and

no one had an opportunity to review the oath prior to it being administered. At this month’s meeting, a trimmed down draft version of the original oath was provided

for review and the specific roles and duties of the directors were outlined in an

opinion provided by a lawyer specializing in organizational law (gist: the Association president Directors are not representatives, in that their main responsibility is to

the Association). The Association president suggested a presentation at the next

meeting by this lawyer, but it was deemed unnecessary by the directors, as the opinion letter was enough clarification.

A letter from the Rhode Island Society of Professional Land Surveyors that

suggested removing “engineering surveys” from the NCEES Model law was discussed by the Board. Engineering Surveys are survey activities done to support

engineered projects and exclude property work. NCEES Model Law is what many

state statues rely upon for wording of their Professional Surveyor Laws. Current

wording of the NCEES Model law has allowed these laws to blur the distinction of who is allowed to perform preliminary and construction surveys for engineering

projects.

The Association agreed to sponsor sending Pat Tami (incidentally he is this year’s winner of the CLSA Distinguished Service Award) to an out-of-state venue that

BPELSG would not fund.

All of the LS review classes at the Reno Conference this year were taped and the entirety placed on DVDs. They will be available for license, are copyrighted and not

to be duplicated or disseminated. Cost to a chapter for one license will be $99;

there are other licenses for non-profits and for profit companies.

CSRC and the soon-to-be-retired from Caltrans and Association President Elect

Tom Taylor will be discussing in August the effect on seismic activity on the

cadaster.

The Association will be holding additional webinar seminars, check the CLSA website for additional information.

National Society of Professional Surveyors (NSPS) is investigating ways of funding

as their membership has dropped dramatically with their parting of ways with ACSM. One of their ideas was to require mandatory membership ($200 or so) for all

professional land surveyors belonging to state societies. This idea appears to be

flying like a lead balloon.

After the confusion over Director Responsibilities and the role of Board leadership,

the Association is forming an ad hoc Committee for updating the Board Handbook,

including a legacy guide book. (continued page 8)

March 2012 CLSA East Bay Newsletter Page 8

Synopsis of April 28 2012 CLSA Board Meeting (continued from page 7)

BPELSG has allocated an individual to respond to complaints concerning agency violations of 8771(b), monument preservation.

Orange County is submitting a request for funding in the amount of $10,000 for

findings on monument preservation for voting on in 6 months’ time. At the next quarterly Board meeting they will have a presentation on why this is a critical need

and what they expect.

The Legislative Committee presented a great report; they are perhaps the most intense of the State CLSA Committees. They are working on monument

conservation language to add to the B&P, GC, PC and several other state codes.

Most impressive is the new proposed language in 8741 of the B&P Codes would exempt only California civil engineers …who are registered prior to January 1, 1982

from bypassing the need for an LSIT to sit for the PLS exam. Currently, all

registered engineers (not just civil) or those with an EIT can sit for the LS. This

language has apparently been agreed to by the ACEC.

The Monument Conservation Committee is working on a package for ensuring

compliance, their plan is to turn monument preservation from a contractor liability

to an asset, encouraging perpetuation.

The new computer based exam testing format was mostly a success, and most

feedback was positive. There was a printing issue in which some of the survey exam

packages contained the wrong test (structural engineer?). There will be a new application process (watch the BPELSG web site), acceptance/denials of exam

sittings will no longer be mailed but posted.

500 people attended the Reno CLSA Conference, up by about 20. The CLSA Education Foundation raised $29,486! Next year’s conference will again be held in

Reno, March 23-27, 2013 (my only complaint about this year’s conference was that

it was too difficult to select which session to attend, there were too many tempting

ideas). The bowling party on Saturday night was a blast and even the banquet food served by the Silver Legacy throughout the week was amazing.

My name is Simin Chetnikov. I am looking for a volunteer work in GIS and/or

surveying field. My resume is available upon request. I have a civil engineering,

surveying degree, and I have taken LSIT exam in April 2012. I live in San Ramon,

California, and I would appreciate anyone’s help. I have been away from the field

for few years, and I would like to refamiliarize myself again.

I would like to take this opportunity to thank you in advance for your kindness and

your cooperation. I can be reached at 925-314-5055 or email me

at [email protected]

March 2012 CLSA East Bay Newsletter Page 9

Photo of the Month Submitted by Gilbert E. Hayes, PS

Here are a couple of future surveyors in a photo with a LOT of potential allegories

Redwood Park – Oakland, California

New Baby!

Welcome Andrew St. John born to Greg and Denise St. John at Queen of the Valley

Medical Center, Napa, CA at 10 pounds, 0 ounces on April 15th, 2012 @ 11:11 am.

We hope that he finds a preponderance of evidence as he retraces the boundaries laid

by his predecessors and has a great time with his older brother, Zachary, in the process.

March 2012 CLSA East Bay Newsletter Page 10