nevada county board of supervisors agenda 10-08-2013

7/27/2019 Nevada County Board of Supervisors Agenda 10-08-2013

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NOTE: PUBLIC COMMENT WILL BEHELD AT 9:01 A.M.


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COUNTY OF NEVADASTATE OF CALIFORNIA BOARD OF SUPERVISORSNate Beason, 1

stDistrict (Vice Chair) 950 Maidu Avenue

Ed Scofield, 2ndDistrict Nevada City, CA 95959-8617Terry Lamphier, 3

rdDistrict Phone: (530) 265-1480

Wm. Hank Weston, 4thDistrict (Chair) Fax: (530) 265-9836

Richard Anderson, 5th

District E-Mail: [email protected]

****** View Live Web Streaming of Board Meetings:Donna Landi, Clerk of the Board http://nevco.granicus.com/ViewPublisher.php?view_id=3 Richard A. Haffey, County Executive Officer Supporting Documents for this Agenda are available here:Alison Barratt-Green, County Counsel Supporting Documents

AGENDAfor a Regular Meeting of the Board of Supervisors,

Tuesday, October 8, 2013, at 9:00 a.m., in the Board Chambers,

First Floor, Eric Rood Administrative Center,

950 Maidu Avenue, Nevada City, California

This meeting is being broadcast live on NCTV Channel 17,

in the Western County

and Truckee-Tahoe Community TV (TTCTV) Channel 18

Video Conferencing at 9:01 a.m. for Public Comment

District V Board of Supervisors Conference Room

behind the Sheriffs Substation

10879A Donner Pass Road, Truckee, California

The Board of Supervisors welcomes you to its regular meetings that are scheduled the second andfourth Tuesdays of every month. Your interest is encouraged and appreciated.

ANY MEMBER OF THE AUDI ENCE DESIRING TO ADDRESS THE BOARD ON A MATTER

ON THE AGENDA:Please approach the rostrum and, after receiving recognition from the Chair,give your name and comments or questions as all meetings are recorded. In order that all interestedparties have an opportunity to speak, please limit your comments to the specific item under discussion.Time limitations are explained on the last page of the agenda.

The meeting room is accessible to people with disabilities. Anyone requiring reasonableaccommodation to participate in the meeting should contact the Clerk of the Boards office by calling(530) 265-1480 at least four days prior to the meeting. TTY/Speech-to-Speech users may dial 7-1-1 forthe California Relay Service.

The agenda and all supporting documents are available for review during regular business hours atthe Clerk of the Board office, 950 Maidu Avenue, 2

ndFloor, Suite 200, Nevada City, California. The

agenda and certain supporting documents may be obtained on the Clerk of the Boards website athttp://www.mynevadacounty.com/nc/bos/cob. Please note that the on-line agenda may not include allrelated or updated documents.

Proposed actions and supporting documents are considered draft until acted upon by the Board. Allitems listed on the agenda may be acted upon by the Board of Supervisors.

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REGULAR MEETING: 9:00 A.M.

STANDING ORDERS:

Call the meeting to order.

Pledge of Allegiance.

Corrections and/or deletions to agenda.

PUBLIC COMMENT: 9:01 A.M.

(Members of the public shall be allowed to address the board on items not appearing on the agenda thatare of interest to the public and are within the subject matter jurisdiction of the Board.)

SCHEDULED ITEMS: 9:05 A.M.

1. Presentation of plaque to the Auditor-Controller for Certificate of Achievement forExcellence in Financial Reporting. (Government Finance Officers Association)

2. Resolution proclaiming the month of October 2013 as United Way of Nevada CountyCampaign Kick-off Month in Nevada County. (Mr. Richard Haffey, County ExecutiveOfficer)

CONSENT CALENDAR:

These items are expected to be routine and noncontroversial. The Board of Supervisors will act uponthem at one time without discussion. Any Board member, staff member or interested party may requestthat an item be removed from the consent calendar for discussion.

Director of Behavioral Health: Michael Heggarty

3. Resolution approving contract with Tahoe Truckee Unified School District (TTUSD)pertaining to expanding the school-based Wellness Center Program Services to the EasternCounty region as a component of the Nevada County Mental Health Services Act (MHSA)

Plan, for the maximum contract price of $50,000, for the period September 1, 2013 throughJune 30, 2014, and authorizing the Chair of the Board of Supervisors to execute the contract.

4. Resolution approving the First Amendment to Agreement with Dignity Health MedicalFoundation (DHMF) for the provision of acute psychiatric inpatient care services for referredclients of Behavioral Health at the Contractors Woodland Memorial Hospital facility tomeet anticipated clients usage needs during Fiscal Year 2013/14 (PESG2489), revising themaximum cost to Nevada County from $25,000 to $100,000 for Fiscal Year 2013/14,authorizing the Nevada County Purchasing Agent to execute the Amendment, andauthorizing and directing the Purchasing Agent to increase the encumbrance by the amountof $75,000.

5. Resolution approving Amendment 1 to Agreement 195-M1011 with El Dorado County

Health and Human Services Agency, Mental Health Division, for the provision of acutepsychiatric inpatient hospital services for County referred clients at El Dorados operatedPsychiatric Health Facility (PHF) (Res. 10-002), revising the maximum obligation for FiscalYears 2012/13 and 2013/14 from $75,000 to $105,000 (an increase of $30,000), revising thecontract term to July 1, 2009 through June 30, 2014, and authorizing the Chair of the Boardof Supervisors to execute the Amendment.


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6. Resolution approving contract with Kings View Corporation for the provision of continuedsoftware and system support services, and to additionally include hosting services forBehavioral Healths Electronic Health Record System (EHRS), for the maximum contractprice of $720,791, with funds in the amount of $187,383 to be encumbered for Fiscal Year2013/14, for the period October 16, 2013 through June 30, 2016.

Interim Director of Public Health: Tex Ritter

7. Resolution approving Standard Agreement 13-20425 with the California Department of

Public Health, Office of AIDS, to provide Federal funding for services related to the HousingOpportunities for Persons with AIDS (HOPWA) Program, with a maximum amount of$25,978 per fiscal year, for a total maximum amount of $77,934, for the period July 1, 2013through June 30, 2016, and authorizing the Chair of the Board of Supervisors to execute theAgreement.

8. Resolution approving Amendment 1 to contract with Patty Cambra for the provision of casemanagement services to persons living with Human Immunodeficiency Virus (HIV) (Res.13-232), revising Exhibit A, Schedule of Services, to include specific language to allowfor Medi-Cal Administrative Activities (MAA) reimbursement, for the contract term July 1,2013 through June 30, 2014, with the contract maximum amount of $39,000 remainingunchanged, and authorizing the Chair of the Board of Supervisors to execute the amendment.

9.a. Resolution approving Grant Agreement 13-20530 with the California Department of PublicHealth pertaining to funding Supplemental Nutrition Assistance Program Education (SNAP-Ed) Services through Nevada County Public Healths Nutrition Education and ObesityPrevention (NEOP) Project program activities that will assist eligible consumers to adopthealthy eating and physical activities to prevent obesity and develop healthy lifestyles, in anamount not to exceed $240,000 annually per Federal fiscal year, for the period October 1,2013 through September 30, 2016, and authorizing the Director of Public Health to executethe Agreement.

b. Resolution authorizing and directing the Auditor-Controller to amend Public Healths FiscalYear 2013/14 budget, in the amount of $40,000, for unanticipated revenue and expenditurespertaining to Supplemental Nutrition Assistance Program Education (SNAP-Ed) Grantfunding for Public Healths Nutrition Education and Obesity Prevention (NEOP) Project.

(4/5 affirmative vote required.)

10. Resolution approving Amendment 2 to contract with Jennifer L. Winders, MSW for theprovision of alcohol and drug prevention activities for high-risk teen clientele (PESG2454),amending the contract to include additional Nutrition Education and Obesity Prevention(NEOP) Program related activities, increasing the maximum contract price from $24,853 to$38,050, for the contract term of July 1, 2013 through June 30, 2014, authorizing the NevadaCounty Purchasing Agent to execute the Amendment, and authorizing and directing thePurchasing Agent to increase the encumbrance amount by $13,197.

11. Resolution approving contract with Lynne Lacroix to provide project coordination servicesrelated to the Countys Nutrition Education and Obesity Prevention (NEOP) Grant Program,

in the maximum contract price of $80,000, for the period October 1, 2013 through September30, 2014, and authorizing the Chair of the Board of Supervisors to execute the contract.

12. Resolution approving contract with Wendy Van Wagner for nutrition education consultantservices for the Countys Nutrition Education and Obesity Prevention (NEOP) GrantProgram, in the maximum contract price of $26,600, for the period October 1, 2013 throughSeptember 30, 2014, and authorizing the Chair of the Board of Supervisors to execute thecontract.


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13. Resolution approving contract with Shaun Havard for health education community liaisonconsultant services for the Countys Nutrition Education and Obesity Prevention (NEOP)Grant Program, in the maximum contract price of $31,000, for the period October 1, 2013through September 30, 2014, and authorizing the Chair of the Board of Supervisors toexecute the contract.

14. Resolution approving the 2013/14 Allocation Agreement EPO 13-31 with the CaliforniaDepartment of Public Health (CDPH) pertaining to funding local Public Health EmergencyPreparedness (PHEP), Pandemic Influenza, and Hospital Preparedness Program (HPP) to

support the Countys Work Plans and efforts to address emergency events and pandemicinfluenza outbreaks, in the maximum amount of $373,110, for the period July 1, 2013through June 30, 2014, and authorizing the Chair of the Board of Supervisors to execute theAgreement.

Sheriff-Coroner: Keith Royal

15. Resolution authorizing execution of Amendment 2 to contract with Delta Wireless formaintenance of communications equipment at the Nevada County Sheriffs office (Res. 12-313), extending the contract termination date from September 30, 2013 to March 31, 2014, inthe amount of $3,016.79 per month, with the six month extension maximum contract amountof $18,100.74.

16. Resolution authorizing execution of Project Agreement G12-03-16-L01 with the State ofCalifornia, Department of Parks and Recreation to provide grant funding in the amount of$38,127 for Off-Highway Vehicle (OHV) law enforcement activities, with the provision thata minimum of 25% in matching funds will be provided as represented by staff time,equipment expenses and administrative costs, for the period July 8, 2013 through July 7,2014.

Director of Public Works: Steven Castleberry

17. Resolution approving an Agreement with Robert Brewer and Gabriela Brewer for thepurchase of 9,741 square feet of road frontage, located at 10402 Newtown Road, NevadaCity (APN 04-190-12), to acquire right-of-way for the Newtown Road Class II/III BicycleCorridor Project, in the amount of $11,000 plus other costs as set forth in substantially the

same format as the Purchase Agreement, authorizing the Chair of the Board of Supervisorsto execute the contract, authorizing the payment of the Countys share of closing costs, andauthorizing the Director of the Department of Public Works to execute on behalf of theCounty any and all additional documents required to consummate this real propertytransaction, accept the conveyance of the Deed for that portion of real property, and executethe certificate of acceptance. (Dist. I)

18. Resolution approving Program Supplement Number N036, Rev. 1, to Administering AgencyState Agreement for Federal Aid Projects Number 03-5917R, in the amount of $514,660 forthe preliminary engineering and right-of-way phases of the Newtown Road Class II/III BikeCorridor Project, and authorizing the Chair of the Board of Supervisors to execute the originatwo documents. (Dist. I)

19. Resolution approving Program Supplement Number M015, Rev. 2, to Administering AgencyState Agreement for Federal Aid Projects Number 03-5917, in the amount of $936,375, forthe Purdon Road Bridge at the South Yuba River Painting Project, and authorizing the Chairof the Board of Supervisors to execute the original two documents. (Dists. I and IV)

20. Resolution approving Final Map 04-004 Cascade Crossing Phase 2 and the SubdivisionImprovement Agreement, authorizing the Chair and Clerk of the Board of Supervisors to signthe map, directing the County Surveyor to deliver the map to the County Recorders office forecording, and authorizing the Chair of the Board to execute the Agreement. (Dist. II)


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Planning Director: Brian Foss

21. Resolution appointing the Nevada County Planning Director, or his/her designee, as theBoard of Supervisors representative, and the Code Compliance Division Program Manager,or his/her designee, as the Board of Supervisors alternate representative on the NevadaCounty Abandoned Vehicle Abatement ProgramCounty Service Authoritys Board ofDirectors. (Code Compliance Division)

Chief Information Officer: Stephen Monaghan

22. Resolution approving the Notice of Completion and Acceptance of contract with JohnstonRoofing, Inc. for the Courthouse and Annex Roof Coating Project located at 201 ChurchStreet, Nevada City (Res. 13-370), for a total project expenditure of $68,600, directing theClerk of the Board to record the Notice of Completion and Acceptance, and authorizing theAuditor-Controller to release and pay 5% retention. (Facilities)

23. Resolution rejecting the four bids received on September 4, 2013 for the Nevada County BusSolar Lighting Project (Res. 13-372), approving the amended construction documents, andauthorizing the Purchasing Agent to re-solicit bids for the Project. (Facilities)

24. Resolution approving a First Amendment to the Lease Agreement with Hansen TrustsPartnership forNevada County Public Healths Women, Infants, and Children (WIC)Program office space located in the Brunswick Plaza Shopping Center at 471 Sutton Way,Units 203-204 and 209, Grass Valley (Res. 12-381), extending the term of the Lease for anadditional year ending June 30, 2014 at the same rental rate of $3,097 per month, andauthorizing the Chair of the Board of Supervisors to execute the Amendment. (Facilities)

25. Resolution approving a First Amendment to the Real Property Lease Agreement with AlpineAviation, Inc. for rental space at the Nevada County Airport, located at 13083 John BauerAvenue, Grass Valley (Res. 08-473), extending the term of the Lease to September 23, 2018,setting the base rent for the second term at $1,446.72 per month, and authorizing the Chair ofthe Board of Supervisors to execute the Amendment. (Airport Manager)

26. Resolution authorizing the Chair of the Board of Supervisors to execute the contract withAramark Uniform Services to provide for rental and laundering services of uniforms, mats

and towels for various County Departments, and authorizing the Purchasing Agent toadminister the contract, including authorizing modifications to the scope of services, up to atotal contract amount not to exceed $50,000, for the period October 1, 2013 throughSeptember 30, 2015. (Purchasing)

27. Resolution authorizing execution of contract with Wolf Creek Productions dba The RealGraphic Source for printing, copying, scanning and delivery services for the County ofNevada, in an amount not to exceed $100,000 with funding from the respective Countybudgets for which services are provided, for the period October 1, 2013 through June 30,2014. (Purchasing)

28. Resolution adopting the 2013 Information and Communication Technology Strategic Plan asthe Countywide planning document for coordinating all County technology initiatives and

projects.

County Executive Officer: Richard Haffey

29. Resolution authorizing the Chair of the Board of Supervisors to execute the contract withAlison Bermant for the provision of conflict indigent defense services, for the maximumcontract price of $60,000, for the period October 1, 2013 through June 30, 2015.


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Clerk of the Board: Donna Landi

30. (Waive Further Reading/Adoption) An Ordinance amending Subsection 50 of G-IV 3.A.5of Article 3 of Chapter IV of the General Code of the County of Nevada pertaining to speedlimits on Red Dog Road (Thirty-five miles per hour prima facie speed limit established,signs to be posted, on Red Dog Road from Hornbrook Road to Banner Quaker Hill Road).(Dist. I) (Ratification of ordinance adopted at the 9/17/2013 special meeting.)

31. (Waive Further Reading/Adoption) An Ordinance amending Section L-II 5.12.K.4 of Article

5 of Chapter II of the Nevada County Land Use and Development Code regarding the timeallowed for members of the public to testify at Appeal Hearings on Land Use matters. (TheBoard may limit any persons input to not less than three (3) minutes in which to givetestimony.)

32. Approval of Nevada County Board of Educations amended Conflict of Interest Code.

33. Resolution designating the Nevada County Arts as Nevada Countys Local Partner forpurposes of the 2013/14 State/Local Partnership grant process through the California ArtsCouncil. (Supervisor Beason)

34. Redesignation of Ms. Diane Chayra from District II representative to District IIIrepresentative on the Nevada County Mental Health Advisory Board.

35. Acceptance of Board of Supervisors minutes for September 17, 2013.

DEPARTMENT HEAD MATTERS:

Director of Social Services: Nicole Pollack

36. Update on the implementation of the Affordable Care Act and the transition to Medi-CalManaged Care.

SCHEDULED ITEM: 10:00 A.M. Michael Heggarty, Director of Behavioral Health

37. Presentation of California State Association of Counties (CSAC) Challenge Awards:

(Ms. Farrah McDaid Ting, Associate Legislative Representative, CSAC) InnovationInnovative Approaches to Childrens Mental Health Services MeritSocial Security Benefits Advocate Program

*ANNOUNCEMENTS:

Pursuant to Government Code Section 54954.2, Board members and County Executive Officer maymake a brief announcement or brief report on his or her activities. Board members and CountyExecutive Officer may also provide a reference to staff or other resources for factual information,request staff to report back to the Board at a subsequent meeting concerning any matter, or takeaction to direct staff to place a matter of business on a future agenda.

SCHEDULED ITEM: 11:00 A.M.38. Nevada County 4-H All Stars 2013 Annual Activities Report. (Ms. Cindy McIntosh, Nevada

County 4-H All Star Advisor)

Resolution proclaiming the week of October 6-12, 2013 as National 4-H Week in NevadaCounty and recognizing the California 4-H Centennial Celebration.

Recess for lunch:


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AFTERNOON SESSION

SCHEDULED ITEM: 1:30 P.M. Brian Foss, Planning Director

39. Public hearing to consider the Nevada County Planning Commissions, July 25, 2013 5 -0vote recommending the adoption of Negative Declaration EIS13-005 and approval of aGeneral Plan Land Use Map (GP13-002) and Zoning District Map Amendment (Z13-002)for a 0.26-acre portion of a 1.29-acre split zoned property located at 11042 Rough and ReadyRoad. The project proposes to change the existing General Plan Land Use and Zoning

Designations from Public (PUB/P) to a Rural-5 (RUR-5) General Plan designation and aGeneral Agriculture-5 (AG-5) zoning designation, consistent with surrounding properties.Location: 11042 Rough & Ready Road, Rough and Ready, California (APN 52-320-38).(Dist. IV)

Resolution making findings 1 through 4 of the Resolution, adopting a Negative Declaration(EIS13-005) in connection with the approval of a Resolution for a General Plan Land UseMap Designation Amendment (GP13-002), and a corresponding Ordinance amendingZoning District Map No. 028 (Z13-002), both limited to a 0.26-acre portion of a 1.29-acreparcel located at 11042 Rough and Ready Road, and directing the Clerk of the Board ofSupervisors to file a Notice of Determination pursuant to California Environmental QualityAct (CEQA) Guidelines Section 15075, within five working days after adoption of thisresolution and approval of the proposed Project. (File Nos. GP13-002; Z13-002; and EIS13-005)

Resolution making findings 1 through 3 of the Resolution, and approving and adopting anamendment to the Nevada County General Plan Land Use Maps, re-designating the 0.26-acreportion of a 1.29-acre parcel owned by George T. Loftus, III, from Public (P) to Rural with a5-acre density limitation (RUR-5) as described and set forth in Exhibit A, located at 11042Rough and Ready Road (APN 52-320-38). (GP13-002)

(Introduction/Waive Further Reading/Adoption) An Ordinance amending Zoning DistrictMap 028, rezoning a 0.26-acre portion of a 1.29-acre parcel from Public (P) to GeneralAgriculture-5 (AG-5), located at 11042 Rough and Ready Road as proposed by George T.Loftus, III (Z13-002).

ADJOURNMENT:

*(The Board of Supervisors can discuss these items at any time during the meeting.)

ClickSupporting Documentsto access supporting documents on the Board of Supervisors DocumentPortal.

This agenda was posted on bulletin boards 72 hours in advance of the meeting at the followinglocations: 1. Eric Rood Administrative Center; outside Board office, outside Board Chambers, andoutside main entrance. 2. Madelyn Helling Library. 3. District V Board of Supervisors ConferenceRoom. Posted: October 3, 2013.

Notice was also posted at Grass Valley Library, Truckee Library, Truckee Joseph Center, and theTruckee Town Hall.
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PERSONS DESIRING TO ADDRESS THE BOARD

CONTROL OF MEETING:The Board Chairperson shall first caution any person at the meeting who is abusive, disruptive,or out of order, and then ask that person to leave if the person will not stop; additionally, theChair reserves the right to recess the meeting until the person leaves or is escorted out and orderis restored.

PUBLIC COMMENT:Matters on the Agenda: The Board shall allow public comment on items appearing on theagenda during the time the agenda item is considered by the Board. The Chair may limit thetotal amount of time for comment on any agenda item to no less than 3 minutes for eachindividual. Comments by the public must be relevant to the item on the agenda beingconsidered by the Board.

Matters not on the Agenda: At regular meetings of the Board, members of the public shallbe allowed to address the Board of Supervisors on matters not appearing on the agenda whichare of interest to the public and which are within the subject matter jurisdiction the Board.Pursuant to the Ralph M. Brown Act, the Board shall not take any action or discuss any matternot appearing on the agenda; although staff may be asked to briefly respond to or follow up onsuch items.

The Board will allocate at least 15 minutes for receiving public comment during any Boardmeeting. The chairperson of the Board may limit any individual desiring to address the Boardto no less than 3 minutes. Time to address the Board will be allocated on the basis of the orderin which the requests were received.

At special meetings of the Board, there will not be a scheduled public comment periodallocated for items not on the agenda. Public comment will only be allowed on mattersappearing on the agenda at the time they are discussed by the Board.

PUBLIC HEARINGS:

All members of the public shall be allowed to address the Board as to any item which isnoticed on the Boards agenda as a public hearing. The Board may limit any persons input tonot less than three (3) minutes. Any person may provide the Board with a written statement inlieu of or in supplement to any oral statement made during a public hearing. Writtenstatements shall be submitted to the Clerk of the Board.

Whenever a public hearing is conducted, the public hearing is closed, and the matter iscontinued to a subsequent meeting for Board deliberation and/or action, the Board shall notallow public comment and/or testimony on that item at the subsequent hearing. However, atthe initial public hearing, prior to taking action, the Board may, at its sole discretion, elect tocontinue the matter and to reopen the public hearing. At the subsequent hearing, allinformation will be considered. The Board may also, at the initial public hearing, prior totaking action, announce that the public hearing is being continued for specific information andthe public testimony will only be heard on new information specific to the Boards direction.After the public hearing is closed, if the Board later decides to reopen the public hearing forpublic testimony, appropriate notices must be published.

ORDER AND DECORUM:

Individuals or organizations desiring to address the Board shall: 1) Address the Board fromthe podium after giving name and city of residence. Speakers shall direct their comments tothe Board, not the audience; 2) Comment on the specific matter before the Board with reasonsfor the position taken; 3) A time limit of at least three minutes per speaker will be provided forall oral comments. Time limits may be increased at the Chair of the Boards discretion; 4) Thechair may, at his or her discretion allow five (5) minutes for those who are serving as aspokesperson for a group or organization; 5) A speaker may not yield time to another speaker;6) No individual may speak more than once during the Public Comment period or on an itemon the agenda unless recognized by the Chair as having new information; 7) In the interest of


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civil discourse, the same rules specified in the Board Order and Decorum (adopted every yearby Resolution) and Roberts Rules of Order (General Henry M. Robert) shall apply for thissection as well, and are hereby incorporated by reference. It shall be the responsibility of theChair to ensure public comments are conducted in such a manner that avoids disruptiveactivity, promotes mutual respect, keeps comments focused on issues, and avoids personalattack; and 8) Applicants, applicant representatives and appellants desiring to speak shall bepermitted to speak first during the public comment portion of a public hearing for not morethan ten (10) minutes (or fifteen (15) minutes at Appeal Hearings), unless different rules for

conducting the hearing are provided by County code. Time limits may be increased at theChair of the Boards discretion.

ORDINANCES:

By statute, an ordinance may be passed immediately upon introduction only after notice and apublic hearing.

An urgency ordinance may be passed immediately upon introduction.

Ordinances shall not be passed within five days of their introduction, nor at other than aregular meeting or at an adjourned regular meeting unless authorized by statute as indicatedabove. The Board of Supervisors will address ordinances at first readings. The public is urgedto address ordinances at first readings; as passage of ordinances will be held at secondreadings, after reading the title.

Adoption of the ordinance is made by majority vote.

The Board reserves the right to amend any proposed ordinances and to hold a first reading inlieu of a second reading. (Gov. Code Section 25131, et seq.)

INFORMATIONAL CORRESPONDENCE:

The Board may direct any item of informational correspondence to a department head forappropriate action.

REFERENCES:

Nevada County Resolution 13-050 (Public comment)Ralph M. Brown Act, California Government Code Sec. 54950, et. seq. (Open meetings law)Nevada County Land Use Code Sec. L-II 5.12 (Appeals)