HomeMy WebLinkAboutBOARD MINUTES 11-22-77
1170
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD NOVEMBER 22, 1977
The District Board of the Central Contra Costa Sanitary District
convened in an adjourned regular session at its regular place of meeting,
1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of
California, on November 22, 1977, at 7:30 P.M., being a continuation of
the meeting of November 17,1977.
President Boneysteele requested the Secretary to call the roll.
1.
ROLL CALL
PRESENT: Members:
ABSENT: Members:
Campbell, Carlson and Boneysteele
Rustigian and Allan
Member Allan arrived at 7:37 P.M.
Member Rustigian arrived at 7:43 P.M.
Prior to continuing with the agenda for the meeting of November 17,
1977, President Boneysteele asked if there was anyone in attendance
interested in a particular item of the agenda. There being an indication
of interest, President Boneysteele requested the Board hear "VII. NEW
BUSINESS, Item 3", as the first order of business.
VI I.
NEW BUSINESS
3.
AUTHORIZATION FOR THREE PARCELS, P.A.77-46 & 77-47, ORINDA,
AND P.A. 77-48, DANVILLE, TO BE INCLUDED IN PENDING ANNEXATIONS
TO THE DISTRICT
Mr. Urban, a property owner in Fairway Acres (P.A. 77-46&47),
stated that he had appeared before the Board on August 4, and had
discussed the possibility of forming a Local Improvement District in the
subject area. He explained that he was given little encouragement at
that time. Since then the status of the Sorrick property has changed,
thereby making it impractical to consider a LID. Mr. Urban has obtained
bids from sewer contractors to extend the sewer system and is now requesting
Board approval for annexation of these properties to the District.
Mr. Hopkins, Secretary of the District, gave further explanation
regarding properties. He also advised that the District received this
date a request from Mr. and Mrs. Goodwin, owners of property between
P.A. 46 & 47, that their property be included with the proposed annexation.
This would make P.A. 46 & 47 one contiguous parcel.
After further discussion, it was moved by Member Campbell, seconded
by Member Carlson, that P. A. 77-46 and P.A. 77-47 be combined with the
Goodwin property to create one parcel P.A. 77-46 for pending annexation
to the District; P. A. 77-47 be redesignated to the property owned by
Gene A. Dolan, Danville; P.A. 77-48 be held open for the next pending
annexation; and that authorization for P.A. 77-46 and P.A. 77-47 to be
included in pending annexations to the District, be approved. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
~1embers :
Campbell, Carlson, Allan and Boneysteele
None
Rustigian
President Boneysteele reverted to the order of the agenda.
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1171
v!.
OLD BUSINESS
REVIEW AND AUTHORIZATION TO EXECUTE THE EASEMENT AND LEASE AGREEMENT
REGARDING WATER RECLAMATION PLANT WITH CONTRA COSTA COUNTY WATER DISTRICT
2.
Mr. Carniato, District Counsel, explained that the easement and
lease agreements are joint-related either in the original contract with
the Contra Costa County Water District or in amendment thereto, wherein
Central San was required to turn over the clearwell along with certain
easements and rights-of-way to the Water District. The subject easement
and parcels under the lease agreement all fall clearly within what
Central San was bound to provide. The conditions for the Joint Use of
Rights of Way are less clear, but have received a thorough study. The
Water District has the responsibility to acquire rights to use the
railway Private Crossing to provide their own insurance and to pay for
one-third of crossing cost and maintenance.
After further discussion, it was moved by Member Allan, seconded by
Member Carlson, that authorization for President and Secretary to
execute the Easement and Consent for Joint Use of Rights of Way, Road
Maintenance Agreement and Lease Agreement be approved. Motion carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
3.
POLICY AND PROCEDURE
Mr. Dolan, General Manager-Chief Engineer, explained that in order
to provide some consistent guidelines for employees of the District,
written policies and procedures have been drafted so that management and
employees have more insight into procedural responsibilities. It is the
intent that further written Policies and Procedures will be established
upon the approval by the Board of the concept and format.
Board Members reviewed the drafts entitled Payment of Accumulated
Vacation Time (P-l), and Policy and Procedure for Handling Grievances
(P-2). Discussion followed wherein comments and suggestions were made
for each of the two sections.
Board Members also reviewed the Policy and Procedure drafts for
privately owned sewage pumping stations (E-l), and Policy and Procedure
for Grease Interceptors for Restaurants (E-2). Member Carlson pointed
out an error in the Policy Statement of E-2. Members Rustigian and
Carlson commented on the technical requirements set forth in E-2 and
indicated that there should be more analysis and study given to this
subject before any approval by the Board.
It was moved by Member Allan, that the policy and procedures pertaining
to personnel (P-l and P-2) be approved and policy and procedures pertaining
to engineering (E-l and E-2) be reviewed further before approval.
Motion failed for lack of a second.
After further discussion on policy and procedure pertaining to
handling of grievances (P-2), it was moved by Member Allan, seconded by
Member Campbell, that the policy and procedures for handling grievances
be adopted subject to modifications by Mr. Carniato, Counsel for the
District, as recommended by the Board. Motion carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
It was moved by Member Allan, seconded by Member Rustigian, that
policy and procedure for payment of accumulated vacation time be approved
as presented. Motion carried by the following vote:
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1172
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
Two Board Members expressed concern over policy and procedures
pertaining to grease interceptors for restaurants (E-2).
After further discussion, it was the Board's consensus that the
policy and procedure engineering items (E-l and E~~ be deferred for
further review.
Board Members commented that there should be more definitive
guidelines established in regard to what matters may be handled at a
staff level and what matters shall be brought before the Board.
VI I.
NEW BUSINESS
1.
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF
RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING
After discussion, it was moved by Member Carlson, seconded by
Member Rustigian, that the easements, as listed below, be accepted at no
cost to the District and that respective resolutions be adopted and
their recordation authorized.
Grantor Job No. Parcel
Glen E. Valerga, et ux 2903 2
Charlotte Dawn Kralj 2943 3
Bruce A. Bailey, et ux 2961 1
Michael K. Durney, et al 2949 1
RESOLUTION NO. 77-356, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO
¡HE DISTRICT FROM GLEN E. VALERGA AND LAKUL M. VALtRGA, MARTINEZ AREA,
(JOB NO. 2903 - PARCEL NO.2)
RESOLUTION NO. 77-357 A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO
THE DISTRICT FROM CHARLOTTE DAWN KRALJ, LAFAYETTE AREA, JOB NO. 2943,
PARCEL NO.3
RESOLUTION NO. 77-358, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO
THE DISTRICT FROM BRUCE A. BAILEY AND JANNA L. BAILEY, WALNUT CREEK
AREA, (JOB NO. 2961 - PARCEL NO.1)
RESOLUTION NO. 77-359, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO
THE DISTRICT FROM MICHAEL K. DURNEY AND ADRIAN JOSEPH, PLEASANT HILL AREA,
}JOB NO. 2949 - PARCEL NO.1)
Motion carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
2.
AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION TO CONTRA COSTA COUNTY
FOR PUBLIC ROAD OVER A PORTION OF OLYMPIC BLVD.
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Allan. seconded by Member Rustigian, that authorization
to execute Consent to Dedication to Contra Costa County, over a portion
of Parcel No. 13, Job No. 1552, Walnut Creek area be approved and a
resolution adopted to that effect.
RESOLUTION NO. 77-360, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO
DEDICATION FOR A COUNTY ROAD, JOB NO. 1552, PARCEL NO. 13, WALNUT CREEK ARE)
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigiian, Allan and Boneysteele
None
None
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1173
3.
AUTHORIZATION FOR THREE PARCELS P.A. 46 & 47, ORINDA, AND P.A. 48, DANVILLE
TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT
This item was discussed and acted upon as the first item of business
of the meeting.
4.
CLAIM OF MR. & MRS. MAURICE SMITH, 1195 SARANAP AVENUE, WALNUT CREEK,
~$299.68 PROPERTY DAMAGE
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Rustigian, seconded by Member Allan, that authorization
to pay the claim of Mr. and Mrs. Maurice Smith in the amount of $299.68
for damage resulting from a stoppage in the main line sewer be approved.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
5.
CLAIM OF MR. RALPH TAYLOR, 150 CLEAVELAND ROAD, PLEASANT HILL, FOR
$225 PROPERTY DAMAGE
Mr. Dolan, General Manager-Chief Engineer, advised the Board that
this item was withdrawn from the agenda after it was determined that
the damage resulted from a stoppage in a privately owned mainline in the
development, and therefore, is not the District's responsibility.
CLAIM OF MR. R. P. BARNES, 1807 NEWELL AVENUE, WALNUT CREEK,
FOR A $28.95 SEWER CLEANING BILL
6.
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Rustigian, seconded by Member Allan, that authorization
to pay the claim of R. P. Barnes in the amount of $28.95 for sewer
cleaning resulting from a stoppage in the mainline sewer be approved.
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
AUTHORIZATION OF $50,000 FOR FIELD MODIFICATIONS DURING PLANT START UP
OF STAGE 5A, PHASES I AND II
7.
Mr. Dolan, General Manager-Chief Engineer, explained that a fund
should be established for unplanned capital expenditures connected with
the start-up of the new water pollution controllreclamation project. In
the start-up process, expenditures become necessary, and considerable
time delay would occur by awaiting Board approval. Therefore, we are
requesting the establishment of a $50,000 fund for this purpose. All
expenditures from this fund will be reported to the Board by the General
Manager-Chief Engineer.
After discussion, it was moved by Member Carlson, seconded by
Member Rustigian, that authorization of $50,000 for a Plant Fund to draw
on during start-up of Stage 5A, Phase I and Phase II, be approved with
the condition that staffreport:expenditures to the Board as an after-
the-fact procedure. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
8.
AUTHORIZE PAYMENT OF BILL FOR LITIGATION COSTS IN THE KAISER SAND AND
GRAVEL CASE
Mr. Carniato, District Counsel, explained to the Board that under
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1174
our contract with Brown and Caldwell, the District is obligated to
provide them with a defense attorney in the event they are named in any
litigation. Brown and Caldwell is involved in a satellite action with
Kaiser Sand and Gravel and the Board approved the firm of Lempres and
Wulfsberg to represent Brown and Caldwell in this action.
Mr. Carniato stated that he is drafting a letter to the Board which
they will receive before the next Board meeting wherein he breaks down
the Districtls cost for the Brown and Caldwell litigation. Should this
be a part of the general contract, the present bill does not have to be
paid until there is an actual lawsuit.
It was moved by Member Carlson that the payment for litigation
services by Lempres and Wulfberg be deferred. Motion failed for lack of
a second.
After discussion, it was moved by Member Allan, seconded by Member
Rustigian, that authorization for payment of the statement from Lempres
and Wulfberg in the amount of $587.60 be approved subject to review and
by District Counsel. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
9.
AUTHORIZE PAYMENT OF BILLS FOR LITIGATION SERVICES IN THE EARLY
AND PETERSON-SIMPSON MATTERS
After discussion, it was moved by Member Allan, seconded by Member
Rustigian, that the statements from John Carniato for professional
services rendered during the month of October relating to Fred J. Early
and Peterson-Simpson in the amounts of $2,675 and $1,837.50 respectively,
totalling $4,512.50, be approved. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
10.
PERSONNEL MAINTENANCE DEPARTMENT
AUTHORIZATION TO APPOINT CHARLES BLASINGAME TO THE POSITION OF EQUIPMENT
MECHANIC, RANGE 62A ($1,289) EFFECTIVE DECEMBER 1, 1977
After discuss i on, it was moved by Member Allan, seconded by Member
Rustigian, that Charles Blasingame be appointed to the position of
Equipment Mechanic, Range 62-A, ($1,289), effective December 1,1977 and
that a resolution be adopted to that effect.
RESOLUTION NO. 77-361, A RESOLUTION APPOINTING CHARELS BLASINGAME
TO THE POSITION OF EQUIPMENT MECHANIC
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
11.
PERSONNEL - PLANT OPERATIONS DEPARTMENT
a. ADOPT ELIGIBILITY LIST FOR POSITION OF MAINTENANCE ELECTRICIAN
TECHNICIAN II
After discussion, it was moved by Member Allan, seconded by Member
Rustigian, that an Eligibility List for Maintenance Electrician Technician
II be approved and a resolution adopted to that effect.
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1175
RESOLUTION NO. 77-362, A RESOLUTION ADOPTING AN ELIGIBILITY LIST FOR
MAINTENANCE ELECTRICIAN TECHNICIAN II
Motion carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
b. AUTHORIZATION TO MAKE APPOINTMENTS FROM THE ELIGIBILITY LIST FOR
MAINTENANCE ELECTRICAN TECHNICIAN II
After discussion, it was moved by Member Allan, seconded by Member
Rustigian, that Rodolfo Servande and Harold Newman be appointed to the
positions of Maintenance Electrician II, Range 59-A ($1,200) effective
December 1, 1977 and that resolutions be adopted to that effect.
RESOLUTION NO. 77-363, A RESOLUTION APPOINTING RODOlFO SERVANDE
TO THE POSITION OF MAINTENANCE ELECTRICIAN II
RESOLUTION NO. 77-364, A RESOLUTION APPOINTING HAROLD NEWMAN
TO THE POSITION OF MAINTENANCE ELECTRICIAN TECHNICIAN II
Motion carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
12.
ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA
a. OPERATOR I AND II EXAMINATIONS
Mr. Niles, Manager-Plant Operations, explained that due to the need
and urgency to establish an Eligibility List for Operator I and II and
since this is an in-house promotional examination, he is requesting
Board approval to reduce the presently required 21 day notification
period to 14 days.
After discussion, it was moved by Member Carlson, seconded by
Member Allan, that the notification period for the in-house District
promotional examination for Operator I and II be shortened from 21 days
to 14 days. Motion carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
b. APPROVAL OF RESOLUTIONS ADOPTING ELIGIBILITY LISTS FOR RECORDS CLERK-
PLANT OPERATIONS, AND RECORDS CLERK-ADMINISTRATION
Mr. Dolan, General Manag~er-Chief Engineer, advised that the examinations
for the Records Clerk-Administration and Records Clerk-Plant Operations
have been completed and is requesting that the Board approve the respective
Eligibility Lists and adopt resolutions to that effect.
It was moved by Member Allan, seconded by Member Rustigian, that an
Eligibility List for Records Clerk-Plant Operations be approved and a
resolution adopted to that effect.
RESOLUTION NO. 77-365, A RESOLUTION ESTABLISHING AN ELIGIBILITY
LIST FOR THE POSITION OF RECORDS CLERK-PLANT OPERATIONS
Motion carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
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""-- ----------- -_._-,------- --- - -" - --- ""- --------
1176
It was moved by Member Allan, seconded by Member Rustigian, that an
Eligibility List for Records Clerk-Administration be approved and a
resolution adopted to that effect.
RESOLUTION NO. 77-366, A RESOLUTION ESTABLISHING AN ELIGIBILITY LIST
FOR RECORDS CLERK-ADMINISTRATION
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
1.
VII I.
GENERAL MANAGER-CHIEF ENGINEER
REPORTS
a. Mr. Dolan advised that a committee is being established to
revise Chapter 4 of the District Code. Mr. Hinkson, Manager-Maintenance
Department, and Mrs. Koff, Personnel Officer, have been appointed to
serve on that committee along with two representatives of the Employees
Assn.
b. A number of commercial environmental quality charge bills are
being modified as a result of water conservation efforts by the owners.
c. A study of secondary watershed plans is underway. Staff proposes
to present a modified plan to the Board in January for input as to its
handling.
d. Treatment Plant - (l-d) Staff has occupied the Administration
Building. (2-d) Air-turbine system has been placed on line. (3-d)
Secondary sedimentation tanks are about to be filled with primary treated
sewage for secondary treatment. (4-d) Partial computer control of
components in operation has begun and a Sr. Operator is now at the
computor console on all shifts.
e. Maintenance Department - Service calls and stoppages are up
again in October. Root regrowth is increasing in many lines.
f. Engineering Department - (l-f) Oak Park Blvd. trunk sewer
contract has been awarded. (2f) San Ramon trunk sewer project has been
advertised. (3-f) Building connections have increased in October after
a two-month slump. (4-f) The final design on the Ferry Street parallel
sewer in Martinez is now underway. (5-f) The District is experiencing
recurring blockages in our sewer on Stewart Avenue (Walnut Creek), which
will require the installation of a parallel line in that area. The
Engineering Department is studying the situation to determine the best
solution.
g. Mr. Dolan advised that he had been interviewed by John Fullmer
of Channel 4 news regarding the pyrolysis project at the Treatment
Plant.
h. Mr. Dolan reported that we have a proposal from Acme Fill to
handle our sludge as land fill for $7.50 per cu. yard. However, we have
discovered that Acme has been charging us only $1.75 per cu. yd., resulting
in a $32,000 difference to date.
i. Mr. Dolan reported that Mr. J. S. Plourde will be at the
December 1, 1977 meeting to review the audit prepared by his firm.
j. Mr. Dolan reported that the CAS A Insurance Plan is coming up
for renewal and he has been advised by Mr. Frank Kelly that all indications
are that the premiums for dental coverage will increase substantially
for the coming year.
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k. Mr. Dolan reported that he has met with the Walnut Creek Police
Department pursuant to the incident of November 17.
2.
COUNSEL FOR THE DISTRICT
a. Mr. Carniato requested Board authorization for an additional
$600 for payment of air pollution Control violations at the Treatment
Plant. Previously the Board had authorized $400, however, this amount
did not cover all of the violations. The total of $1000 is still a
compromise amount.
It was moved by Member Allan, seconded by Member Rustigian, that
an additional authorization of $600 to pay the Bay Air Pollution Control
District for air pollution violations at the Treatment Plant be approved.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
b. Deferred Compensation - Mr. Carniato requested Board authorization
to enter into a contract with Hartford Insurance Company. He has reviewed
the contract and recommends its execution.
It was moved by Member Allan, seconded by Member Rustigian, that
the authorization to enter into the contract for the Employees Deferred
Compensation Plan with Hartford Insurance Company be approved. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
c. Mr. Carniato requested that Mr. James Schloesser, a District
employee, has been off work due to surgery since July, 1977 and will not
be returning to work until January, 1978. In light of this, Mr. Schloesser
is requesting that he be allowed to take out his deferred compensation
funds. This has been reviewed by the committee and approval is recommended.
It was moved by Member Allan, seconded by Member Rustigian, that
authorization for James Schloesser to remove his funds from the Employees
Deferred Compensation Plan be approved. Motion carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
d. Mr. Carniato advised that he has received a letter from the
attorney representing Mr. Fred Fagliano requesting District approval of
Lafayette Disposal.
President Boneysteele requested that this matter be placed on the
agenda for the December 1 meeting as an item for formal approval.
e. Mr. Carniato reported that he has drafted a letter to the Board
regarding the employment of Lee Saylor as consultant on the work progress
at the Treatment Plant, Stage 5A, Phase I. He anticipates bringing
this matter up at the next meeting for discussion by the Board.
f. Mr. Carniato stated that the progress payment for Peterson-
Simpson has been withheld. However, upon receipt of correspondence from
Argonaut, Peterson-Simpsonls bonding company, we have authorized the
payment.
Brown and Caldwell has reiterated their position in regard to not
making the progress payment.
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1178
g. Mr. Carniato advised that the scope of both lawsuits (Peterson-
Simpson and Fred J. Early) is becoming clear. Wismer Becker's claim is
now at $2,000,000. He feels that there should be some regular report to
keep the Board informed.
Member Allan suggested that the Board receive a monthly report from
Mr. Carniato at least until the first of the year, and try to schedule a
third meeting thereafter for litigation review.
h. Conflict of Interest - Mr. Carniato is drafting a letter to
the reappointed Board Members advising them it is not necessary to file
a new form until January, 1978.
3.
SECRETARY
None.
4.
COMMITTEES
Member Rustigian advised that he attended the luncheon for the
Russian Delegation touring the Treatment Plant.
IX.
MATTERS FROM THE FLOOR
None.
At 10:23 P.M., President Boneysteele recessed the meeting.
At 10:30 P.M., President Boneysteele reconvened the meeting and
declared an executive session to discuss the incident that occurred at
the November 17, adjourned meeting.
At 10:55 P.M., President Boneysteele closed the executive session.
X.
ADJOURNMENT
At 10:56 P.M., President Boneysteele adjourned the meeting.
L;// '. Lf{
resident of the District Bo
Central Contra Costa Sanita~
County of Contra Costa, State
of the
District,
of Cal ifornia
COUNTERSIGNED:
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