Board Of Supervisors — Tuesday, August 26, 2014
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Presentation of Animals at the Animal Care and Control Shelter
5. Consideration of Items Not Appearing on the Posted Agenda (Extra Items)
6. Current Construction Projects - Contract Change Orders
7. Approval of the Consent Agenda
7.1Approve Agreement between the County of Lake and St. Helena Hospital for Fiscal Year 2014-15, for a contract maximum of $150,000, and authorize the Chair to sign.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and St. Helena for Acute Hospital Services and Professional Services associated with Acute Hospitalizations for Fiscal Year 2014-15.
BACKGROUND AND DISCUSSION: St. Helena Hospital has two facilities: St. Helena Hospital and St. Helena Center for Behavioral Health. Both facilities provide Psychiatric Inpatient Hospital Services and Professional Services associated with Acute Hospitalizations to clients referred by Lake County Behavioral Health (LCBH).
FISCAL IMPACT: __ None _XBudgeted __Non-Budgeted
Estimated Cost: $250,000
Amount Budgeted: $250,000
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): The total amount budgeted for Hospitalizations and Professional Services for Fiscal Year 2014-15 is $250,000. Lake County Behavioral Health is requesting an increase of $100,000 due to increased utilization and the approval of the First Amendment to the Agreement with St. Helena Hospital for Fiscal Year 2014-15 for a contract maximum of $250,000. This contract is funded by Realignment for Acute Hospitalizations and funded by Medi-Cal for Professional Services.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Lake County Behavioral Health is requesting the Board approve the Agreement between the County of Lake and St. Helena Hospital for the Fiscal Year 2014-15 for a contract maximum of $150,000 and is requesting the Board Chair to sign the Agreement.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Linda Morris, LMFT,MAC
Interim Behavioral Health Director
DATE: July 10, 2014
SUBJECT: First Amendment to the Agreement between County of Lake and St. Helena Hospital for Acute Hospital Services for Fiscal Year 2014-15.
EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and St. Helena for Acute Hospital Services and Professional Services associated with Acute Hospitalizations for Fiscal Year 2014-15.
BACKGROUND AND DISCUSSION: St. Helena Hospital has two facilities: St. Helena Hospital and St. Helena Center for Behavioral Health. Both facilities provide Psychiatric Inpatient Hospital Services and Professional Services associated with Acute Hospitalizations to clients referred by Lake County Behavioral Health (LCBH).
FISCAL IMPACT: __ None _XBudgeted __Non-Budgeted
Estimated Cost: $250,000
Amount Budgeted: $250,000
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): The total amount budgeted for Hospitalizations and Professional Services for Fiscal Year 2014-15 is $250,000. Lake County Behavioral Health is requesting an increase of $100,000 due to increased utilization and the approval of the First Amendment to the Agreement with St. Helena Hospital for Fiscal Year 2014-15 for a contract maximum of $250,000. This contract is funded by Realignment for Acute Hospitalizations and funded by Medi-Cal for Professional Services.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Lake County Behavioral Health is requesting the Board approve the Agreement between the County of Lake and St. Helena Hospital for the Fiscal Year 2014-15 for a contract maximum of $150,000 and is requesting the Board Chair to sign the Agreement.
7.2Approve Agreement between the County of Lake and Coleman Construction for nuisance abatement services at 6257 Third Avenue, Lucerne (APN 034-091-07 - Edwina Lacey), total amount $12,027, and authorize the Chair to sign.
Agreement
passed on consent
Motion carried
Carried 4-0 — moved by Smith (recovered from the archived minutes by OCR)
Comstock: aye Farrington: aye Rushing: aye Smith: aye
Comstock: aye Farrington: aye Rushing: aye Smith: aye
Staff memo
Attachment: Agreement to Abate Property at 6257 Third Avenue, Lucerne, CA
The Community Development Department requests your Board's approval of the attached agreement with Coleman Construction for abatement of nuisance conditions at 6257 Third Avenue in Lucerne. Staff solicited bids from three C-21 licensed contractors and received two quotes for abatement of this site. Coleman Construction providing the lowest bid. The Abatement will entail demolition of a dwelling, shed and some detached over-height walls. There is a considerable amount of junk and debris that will have to be removed from the site including concrete. The contractor proposes to complete the work for $12,027.00.
Staff recommends that the Board of Supervisors approve the attached Agreement between the County of Lake and Coleman Construction. The property has been abandoned, is not secure from entry and is in severe disrepair. 2 photos of the site are included on the memorandum attachment.
..Recommended Action
RECOMMENDED MOTION:
I move that the Board of Supervisors approve the Agreement for abatement services with Coleman Construction for abatement of nuisance conditions located at 6257 Third Avenue, Lucerne in the amount of $12,027.00 and authorize the Chair to execute said agreement.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Richard Coel, Community Development Director
SUBJECT: Approval of Agreement between the County of Lake and Coleman Construction for Abatement of Nuisance Conditions
DATE: August 20, 2014
Attachment: Agreement to Abate Property at 6257 Third Avenue, Lucerne, CA
The Community Development Department requests your Board's approval of the attached agreement with Coleman Construction for abatement of nuisance conditions at 6257 Third Avenue in Lucerne. Staff solicited bids from three C-21 licensed contractors and received two quotes for abatement of this site. Coleman Construction providing the lowest bid. The Abatement will entail demolition of a dwelling, shed and some detached over-height walls. There is a considerable amount of junk and debris that will have to be removed from the site including concrete. The contractor proposes to complete the work for $12,027.00.
Staff recommends that the Board of Supervisors approve the attached Agreement between the County of Lake and Coleman Construction. The property has been abandoned, is not secure from entry and is in severe disrepair. 2 photos of the site are included on the memorandum attachment.
..Recommended Action
RECOMMENDED MOTION:
I move that the Board of Supervisors approve the Agreement for abatement services with Coleman Construction for abatement of nuisance conditions located at 6257 Third Avenue, Lucerne in the amount of $12,027.00 and authorize the Chair to execute said agreement.
7.3Approve Agreement between the County of Lake and Lewis, Brisbois, Bisgaard, & Smith, LLP, for Special Legal Consultation Services, in the amount of $20,000, and authorize the Chair to sign. (Contract previously approved; resubmitting due to minor error and oversight in original version.)
Action Item
pulled on consent
approved
Carried 4-0 — moved by Smith
Comstock: aye Farrington: aye Rushing: aye Smith: aye
Comstock: aye Farrington: aye Rushing: aye Smith: aye
Staff memo
EXECUTIVE SUMMARY:
As your Board is also aware, CSAC-EIA has denied coverage to the County in one legal matter, Lakeside Heights HOA, et al. v. County of Lake, claiming that an exclusion in the County's coverage documents applies.
The County has filed a request for reconsideration with CSAC-EIA. The County will also have an opportunity to make a presentation to the Claims Review Committee of CSAC-EIA. We are informed that CSAC-EIA will have its coverage counsel in attendance. Coverage counsel is a legal specialist in insurance coverage law. It is advisable that the County also avail itself of expert insurance coverage advice.
Board has previously approved an agreement to use the specialized services of the firm, Lewis, Brisbois, Bisgaard, and Smith, LLP. to assist in the administrative process of seeking CSAC-EIA's reconsideration of its denial of coverage.
Unfortunately, while the agreement provided for a maximum contract amount of $20,000, that same provision incorrectly indicated a different numeric amount in parentheses and the agreement did not correctly indicate the initiation of this firm's work in the County's behalf. It is requested that your Board approve the agreement again as corrected.
Thank you.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): There will be additional costs associated with this because the denial of coverage requires specialized assistance which could not have been anticipated.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Staff recommends approval of the attached agreement and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: HONORABLE BOARD OF SUPERVISORS
FROM: ANITA L. GRANT, County Counsel
DATE: August 18, 2014
SUBJECT: Retention of Specialized Services - Coverage Counsel
EXECUTIVE SUMMARY:
As your Board is also aware, CSAC-EIA has denied coverage to the County in one legal matter, Lakeside Heights HOA, et al. v. County of Lake, claiming that an exclusion in the County's coverage documents applies.
The County has filed a request for reconsideration with CSAC-EIA. The County will also have an opportunity to make a presentation to the Claims Review Committee of CSAC-EIA. We are informed that CSAC-EIA will have its coverage counsel in attendance. Coverage counsel is a legal specialist in insurance coverage law. It is advisable that the County also avail itself of expert insurance coverage advice.
Board has previously approved an agreement to use the specialized services of the firm, Lewis, Brisbois, Bisgaard, and Smith, LLP. to assist in the administrative process of seeking CSAC-EIA's reconsideration of its denial of coverage.
Unfortunately, while the agreement provided for a maximum contract amount of $20,000, that same provision incorrectly indicated a different numeric amount in parentheses and the agreement did not correctly indicate the initiation of this firm's work in the County's behalf. It is requested that your Board approve the agreement again as corrected.
Thank you.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): There will be additional costs associated with this because the denial of coverage requires specialized assistance which could not have been anticipated.
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Staff recommends approval of the attached agreement and authorize the Chair to sign.
On motion of Supervisor Smith, and by vote of the Board, approved the agreement between the County of Lake and Lewis, Brisbois, Bisgaard, & Smith, LLP, for special legal consultation services, in the amount of $20,000, and authorized the Chair to sign. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Farrington, and Rushing
Not voting: Supervisor Brown
Clerk’s notes: Supervisor Brown asked that this item be pulled from the Consent Agenda as he will need to recuse himself.
Chair Rushing asked if anyone present wished to speak on this item. No one present wished to speak and the public input portion of this item was closed.
7.4Approve Consolidation of Fire District and Health Care District Elections with General Election on November 4, 2014.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY: The following attached Resolutions are being submitted for the Board's approval pursuant to Section 10400 et seq. of the Elections Code, State of California whereby districts may request that their district election be consolidated with elections called to be held on the same day as the General Election by other political subdivisions, in the same territory, or in territory that is in part the same.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends approval of district consolidations.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Diane C. Fridley
Registrar of Voters
DATE: August 13, 2014
SUBJECT: Consolidation of Northshore Fire Protection District and Redbud Health Care District Elections with the November 4, 2014 General Election
EXECUTIVE SUMMARY: The following attached Resolutions are being submitted for the Board's approval pursuant to Section 10400 et seq. of the Elections Code, State of California whereby districts may request that their district election be consolidated with elections called to be held on the same day as the General Election by other political subdivisions, in the same territory, or in territory that is in part the same.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends approval of district consolidations.
7.5Approve Consolidation of School District Elections with General Election on November 4, 2014.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY: The following attached Resolutions are being submitted for the Board's approval pursuant to Section 10400 et seq. of the Elections Code, State of California whereby districts may request that their governing board election be consolidated with elections called to be held on the same day as the General Election by other political subdivisions, in the same territory, or in territory that is in part the same.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends approval of school district consolidations.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Diane C. Fridley
Registrar of Voters
DATE: August 13, 2014
SUBJECT: Consolidation of Konocti Unified School District and Middletown Unified School District Elections with the November 4, 2014 General Election
EXECUTIVE SUMMARY: The following attached Resolutions are being submitted for the Board's approval pursuant to Section 10400 et seq. of the Elections Code, State of California whereby districts may request that their governing board election be consolidated with elections called to be held on the same day as the General Election by other political subdivisions, in the same territory, or in territory that is in part the same.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends approval of school district consolidations.
7.6Approve Agreement between the County of Lake and the County of Los Angeles for intrastate transportation of prisoners for Fiscal Year 2014-15 to Fiscal Year 2018-19, and authorize the Chair to sign.
Report
passed on consent
Staff memo
EXECUTIVE SUMMARY: The County of Los Angeles is requesting an updated copy of the Agreement between their County and the County of Lake for the performance of intrastate prisoner transportation services. There is no cost for this service. The contract is attached for your review and approval.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approval
Original memo text
..Title
..Body
MEMORANDUM
TO: Denise Rushing, Chairperson, Board of Supervisors
FROM: Francisco Rivero, Sheriff
DATE: August 13, 2014
SUBJECT: Agreement between the County of Lake and County of Los Angeles for intrastate transportation of prisoners
EXECUTIVE SUMMARY: The County of Los Angeles is requesting an updated copy of the Agreement between their County and the County of Lake for the performance of intrastate prisoner transportation services. There is no cost for this service. The contract is attached for your review and approval.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approval
7.7Approve Agreement between the Lake County Sheriff's office and Assessments.com for an inmate assessment tool, for Fiscal Year 2014-15, in the amount of $10,000, and authorize the Sheriff to execute said document.
Report
passed on consent
Staff memo
EXECUTIVE SUMMARY: The Lake County Sheriff's Office requests approval of the attached agreement with Assessments.com for contracting with Allvest Information Services to access their web-based adult assessment software package, maintenance, consulting and staff training. This is the same program that the Probation Office is currently using for its juveniles. This tool will be used to assist in determining if the inmate is considered a high risk or low risk offender, which can be used for classification, home detention and other inmate services.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost: 10,000
Amount Budgeted: 10,000
Additional Requested:
Annual Cost (if planned for future years): 3,500
FISCAL IMPACT (Narrative): Cost of this program is $10,000 with $9,000 being reimbursed through CCP funding. This contract has been reviewed by County Counsel.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approval
Original memo text
..Title
..Body
MEMORANDUM
TO: Denise Rushing, Chairperson, Board of Supervisors
FROM: Francisco Rivero, Sheriff
DATE: August 13, 2014
SUBJECT: Assessments.com agreement
EXECUTIVE SUMMARY: The Lake County Sheriff's Office requests approval of the attached agreement with Assessments.com for contracting with Allvest Information Services to access their web-based adult assessment software package, maintenance, consulting and staff training. This is the same program that the Probation Office is currently using for its juveniles. This tool will be used to assist in determining if the inmate is considered a high risk or low risk offender, which can be used for classification, home detention and other inmate services.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost: 10,000
Amount Budgeted: 10,000
Additional Requested:
Annual Cost (if planned for future years): 3,500
FISCAL IMPACT (Narrative): Cost of this program is $10,000 with $9,000 being reimbursed through CCP funding. This contract has been reviewed by County Counsel.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approval
7.8Authorize the Sheriff to issue a Purchase Order to Hillside Honda, in the amount of $18,322, for two (2) Honda Rancher ATV’s for use by Search and Rescue operations.
Report
passed on consent
Staff memo
EXECUTIVE SUMMARY: The Lake County Sheriff's office requests your Boards' approval for the purchase of two (2) Honda Rancher 4x4's for use by Search and Rescue. Written bid specifications were issued to three vendors with two bids being submitted. The low bidder is Hillside Honda in Lakeport. These units will be used by the Sheriff's office for Search and Rescue operations.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost: $18,322
Amount Budgeted: 30,000
Additional Requested: N/A
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Cost is $18,322 and is currently budgeted in the Sheriff's Search and Rescue budget unit 2218, object code 62.72. These monies are not County general fund monies and therefore there is no cost to the County.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approval
Original memo text
..Title
..Body
MEMORANDUM
TO: Denise Rushing, Chairman, Board of Supervisors
FROM: Francisco Rivero, Sheriff
DATE: August 13, 2014
SUBJECT: Approval of fixed asset purchase for Search and Rescue
EXECUTIVE SUMMARY: The Lake County Sheriff's office requests your Boards' approval for the purchase of two (2) Honda Rancher 4x4's for use by Search and Rescue. Written bid specifications were issued to three vendors with two bids being submitted. The low bidder is Hillside Honda in Lakeport. These units will be used by the Sheriff's office for Search and Rescue operations.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost: $18,322
Amount Budgeted: 30,000
Additional Requested: N/A
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): Cost is $18,322 and is currently budgeted in the Sheriff's Search and Rescue budget unit 2218, object code 62.72. These monies are not County general fund monies and therefore there is no cost to the County.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Approval
7.9Approve Contract between the County of Lake and Fiscal Experts, Inc. for Web-Based Time Study Buddy Service for FY 2014-15, in the amount of $25,000, and authorize Chair to sign.
Action Item
passed on consent
approved
Carried 5-0 — moved by Smith
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Staff memo
EXECUTIVE SUMMARY:
Since August of 2011, we have contracted with Fiscal Experts, Inc. for Web-Based Time Study Buddy Services. Fiscal Experts. Inc. is a sole source vendor of an online time study service that saves staff time and enables our department to maximize State and Federal funding.
Due to an increase in the number of positions for our Department, we have the need to increase the compensation for this contract.
The contract will be in effect from July 1, 2014 through June 30, 2017. Besides the dates and compensation, there are no other changes to the scope of the contract.
FISCAL IMPACT: __ None XX Budgeted __Non-Budgeted
Estimated Cost: $25,000.00
Amount Budgeted: $25,000.00
Additional Requested: 0
Annual Cost (if planned for future years): $25,000.00
FISCAL IMPACT (Narrative):
There is no County cost associated with this contract.
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
Approve contract between County of Lake and Fiscal Experts, Inc. for Web-Based Time Study Buddy Service, and authorize chair to sign.
Thank you for your consideration.
cc: Jennifer Fitts, Deputy Social Services Director
Jennifer Tompkins, Staff Services Analyst
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: CAROL J. HUCHINGSON, SOCIAL SERVICES DIRECTOR
DATE: AUGUST 6, 20914
SUBJECT: CONTRACT BETWEEN COUNTY OF LAKE AND FISCAL EXPERTS, INC.
WEB-BASED TIME STUDY BUDDY SERVICE
EXECUTIVE SUMMARY:
Since August of 2011, we have contracted with Fiscal Experts, Inc. for Web-Based Time Study Buddy Services. Fiscal Experts. Inc. is a sole source vendor of an online time study service that saves staff time and enables our department to maximize State and Federal funding.
Due to an increase in the number of positions for our Department, we have the need to increase the compensation for this contract.
The contract will be in effect from July 1, 2014 through June 30, 2017. Besides the dates and compensation, there are no other changes to the scope of the contract.
FISCAL IMPACT: __ None XX Budgeted __Non-Budgeted
Estimated Cost: $25,000.00
Amount Budgeted: $25,000.00
Additional Requested: 0
Annual Cost (if planned for future years): $25,000.00
FISCAL IMPACT (Narrative):
There is no County cost associated with this contract.
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
Approve contract between County of Lake and Fiscal Experts, Inc. for Web-Based Time Study Buddy Service, and authorize chair to sign.
Thank you for your consideration.
cc: Jennifer Fitts, Deputy Social Services Director
Jennifer Tompkins, Staff Services Analyst
On motion of Supervisor Smith, and by vote of the Board, approved Consent Agenda items 7.1 through 7.9, with the exception of 7.3. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Farrington, Brown, and Rushing
8. Timed Items
8.19:05 A.M. - Public Input
Clerk’s notes: There was no public input.
8.29:15 A.M. - (Sitting as the Lake County Housing Commission) - Consideration of Resolution to update Signatories to the Lake County Housing Commission Bank Accounts.
Resolution
Staff memo
EXECUTIVE SUMMARY:
There is a need to update the signatories to the Section 8 Housing Assistance Payments checking account and the Section 8 Family Self-Sufficiency Escrow Money Market Account.
As per the attached Resolution, required by Umpqua Bank, we are requesting that your Board approve the addition of Michele Dibble, Deputy Social Services Director, as a signatory to these accounts. Kathy Maes and Jennifer Fitts, Deputy Social Services Directors, and I will remain as signatories to these accounts.
FISCAL IMPACT:
XX None __Budgeted __Non-Budgeted
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
Not applicable
STAFFING IMPACT (if applicable):
Not applicable
..Recommended Action
RECOMMENDED ACTION:
It is recommended that the Lake County Board of Housing Commissioners approve the Resolution to Update Signatories to the Lake County Housing Commission Bank Accounts.
Thank you for your consideration.
cc: Mr. Edgar Perez, Program Manager
Ms. Jennifer Fitts, Deputy SS Director
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF HOUSING COMMISSIONERS
FROM: CAROL J. HUCHINGSON, SOCIAL SERVICES DIRECTOR, EXECUTIVE DIRECTOR
OF THE LAKE COUNTY HOUSING COMMISSION
DATE: AUGUST 13, 2014
SUBJECT: LAKE COUNTY HOUSING COMMISSION - RESOLUTION TO UPDATE
SIGNATORIES TO THE LAKE COUNTY HOUSING COMMISSION BANK
ACCOUNTS
EXECUTIVE SUMMARY:
There is a need to update the signatories to the Section 8 Housing Assistance Payments checking account and the Section 8 Family Self-Sufficiency Escrow Money Market Account.
As per the attached Resolution, required by Umpqua Bank, we are requesting that your Board approve the addition of Michele Dibble, Deputy Social Services Director, as a signatory to these accounts. Kathy Maes and Jennifer Fitts, Deputy Social Services Directors, and I will remain as signatories to these accounts.
FISCAL IMPACT:
XX None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
Not applicable
STAFFING IMPACT (if applicable):
Not applicable
..Recommended Action
RECOMMENDED ACTION:
It is recommended that the Lake County Board of Housing Commissioners approve the Resolution to Update Signatories to the Lake County Housing Commission Bank Accounts.
Thank you for your consideration.
cc: Mr. Edgar Perez, Program Manager
Ms. Jennifer Fitts, Deputy SS Director
Commissioner Figueroa offered the Resolution and it was passed by role call vote (6 ayes).
Clerk’s notes: Commissioner Deborah Figueroa joined the Board for this item. Social Services Director Carol Huchingson presented the item to the Board.
Chair Rushing asked if anyone present wished to speak on this item. No one present wished to speak and the public input portion of this item was closed.
8.39:20 A.M. - (Sitting as the Lake County Housing Commission) - Consideration of Public Housing Agency Agency (PHA) Certification of Compliance with the PHA Plans and Related Regulations - FORM HUD-50077.
Action Item
Motion carried
Carried 6-0 — moved by Figueroa
Brown: aye Comstock: aye Farrington: aye Figueroa: aye Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: aye Figueroa: aye Rushing: aye Smith: aye
Staff memo
EXECUTIVE SUMMARY:
As you are aware, we recently completed the process for updating our different administrative plans for the Section 8 program.
HUD regulations require that your board sign form HUD-50077, authorizing our staff to submit the plans, certifying that our agency is in compliance with HUD regulations as it pertains to PHA plans and related regulations.
FISCAL IMPACT: XX None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
Not applicable
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
Approve form HUD-50077 - PHA Certifications of Compliance with PHA Plans and Related Regulations - and authorize the chair to sign.
Thank you for your consideration.
cc: Jennifer Fitts, Deputy Social Services Director
Jill Wicks, Housing Program Coordinator
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF HOUSING COMMISSIONERS
FROM: CAROL J. HUCHINGSON, SOCIAL SERVICES DIRECTOR
DATE: AUGUST 13, 2014
SUBJECT: PUBLIC HOUSING AGENCY (PHA) CERTIFICATION OF COMPLIANCE WITH THE
PHA PLANS AND RELATED REGULATIONS - FORM HUD-50077
EXECUTIVE SUMMARY:
As you are aware, we recently completed the process for updating our different administrative plans for the Section 8 program.
HUD regulations require that your board sign form HUD-50077, authorizing our staff to submit the plans, certifying that our agency is in compliance with HUD regulations as it pertains to PHA plans and related regulations.
FISCAL IMPACT: XX None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
Not applicable
STAFFING IMPACT (if applicable):
None
..Recommended Action
RECOMMENDED ACTION:
Approve form HUD-50077 - PHA Certifications of Compliance with PHA Plans and Related Regulations - and authorize the chair to sign.
Thank you for your consideration.
cc: Jennifer Fitts, Deputy Social Services Director
Jill Wicks, Housing Program Coordinator
On motion of Commissioner Figueroa, and by vote of the Board, approved HUD Form 50077, PHA Certification of Compliance, and authorized the Chair to sign. The motion carried by the following vote:
Ayes: Commissioners Comstock, Smith, Farrington, Brown, Figueroa, and Rushing
Clerk’s notes: Social Services Director Carol Huchingson presented the item to the Board.
Chair Rushing asked if anyone present wished to speak and Jim Steele spoke. No one else present wished to speak and the public input portion of this item was closed.
8.49:30 A.M. - HEARING - Consideration of Appeal of an Administrative Citation for James Magliulo.
Report
Staff memo
EXECUTIVE SUMMARY:
On June 19th 2012, your Board enacted Ordinance 2976 which established the Administrative Citation process for boaters found in violation of the County's Quagga Mussel Prevention Program. Under this ordinance, the enforcement officers have the option of citing a violation using an Administrative Citation instead of a Criminal Citation. For a first offense, the fine is $100; however the individual receiving the violation has the option to appeal the fine to your Board and today's item is a hearing for two citation appeals. I have provided a short summary of each case and I anticipate that the Appellants or a representative will be available to present their argument.
Mr. Magliulo's grandson was cited by a Lake County Sheriff Boat Patrol officer on August 3rd. He was cited for violation of County Code 15.63 - Failure to display a current Lake County Quagga Mussel sticker. According to our application records, Mr. Magliulo purchased stickers for the vessel in March from a local vendor; however he failed to place them on the vessel as required. According to the information provided in the appeal form, the vessel has no trailer and it has not left Clear Lake for the past five years. Copies of these documents are attached for your information.
Staff's Argument: The County Sheriff's Department has adopted a no-tolerance policy on violations of the County Quagga Mussel ordinance. Though it's unfortunate that stickers were purchased and the intent to comply with the ordinance was made, the vessel was operated on Clear Lake without the current sticker. It should be noted that from a threat perspective, this vessel posed no threat to the lake due to its inability to be trailered to another waterbody.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Water Resources Director
DATE: August 18, 2014
SUBJECT: Consideration of Appeal of an Administrative Citation for James Magliulo
EXECUTIVE SUMMARY:
On June 19th 2012, your Board enacted Ordinance 2976 which established the Administrative Citation process for boaters found in violation of the County's Quagga Mussel Prevention Program. Under this ordinance, the enforcement officers have the option of citing a violation using an Administrative Citation instead of a Criminal Citation. For a first offense, the fine is $100; however the individual receiving the violation has the option to appeal the fine to your Board and today's item is a hearing for two citation appeals. I have provided a short summary of each case and I anticipate that the Appellants or a representative will be available to present their argument.
Mr. Magliulo's grandson was cited by a Lake County Sheriff Boat Patrol officer on August 3rd. He was cited for violation of County Code 15.63 - Failure to display a current Lake County Quagga Mussel sticker. According to our application records, Mr. Magliulo purchased stickers for the vessel in March from a local vendor; however he failed to place them on the vessel as required. According to the information provided in the appeal form, the vessel has no trailer and it has not left Clear Lake for the past five years. Copies of these documents are attached for your information.
Staff's Argument: The County Sheriff's Department has adopted a no-tolerance policy on violations of the County Quagga Mussel ordinance. Though it's unfortunate that stickers were purchased and the intent to comply with the ordinance was made, the vessel was operated on Clear Lake without the current sticker. It should be noted that from a threat perspective, this vessel posed no threat to the lake due to its inability to be trailered to another waterbody.
Clerk’s notes: This item was pulled at the request of the appellant.
8.59:35 A.M. - HEARING - Consideration of Appeal of an Administrative Citation for Leonard Peterson.
Report
denied
Carried 5-0 — moved by Brown
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Brown: aye Comstock: aye Farrington: aye Rushing: aye Smith: aye
Staff memo
EXECUTIVE SUMMARY:
On June 19th 2012, your Board enacted Ordinance 2976 which established the Administrative Citation process for boaters found in violation of the County's Quagga Mussel Prevention Program. Under this ordinance, the enforcement officers have the option of citing a violation using an Administrative Citation instead of a Criminal Citation. For a first offense, the fine is $100; however the individual receiving the violation has the option to appeal the fine to your Board and today's item is a hearing for two citation appeals. I have provided a short summary of each case and I anticipate that the Appellants or a representative will be available to present their argument.
Mr. Peterson was cited by a Lake County Sheriff Boat Patrol officer on June 16th. He was cited for violation of County Code 15.63 - Failure to display a current Lake County Quagga Mussel sticker. According to the attached letter from the Appellant, they had purchased a State Quagga Sticker as part of the registration of the vessel. The Appellant also notes in the letter that the vessel had Lake County stickers but he was not aware that both agency stickers were required. Finally, the Appellant states that there was no signage at the ramp and that the "press release" did not specifically indicate that two stickers were required.
Staff's Argument: The County Sheriff's Department has adopted a no-tolerance policy on violations of the County Quagga Mussel ordinance. When the State of California initiated their Quagga Mussel Sticker, we anticipated the confusion their sticker would create and we prepared press releases about the two programs. These press releases were run in the local media outlets on October 18, 2013, November 19, 2013, December 20, 2013, and May 29, 2014. Copies of those notifications are attached. Signage that indicated both stickers were required was also placed at all the public boat ramps prior to the Memorial Day and staff recalls placing signs at the Lucerne Harbor. A black and white copy of the type of sign that was placed is also attached. It should be noted that from a threat perspective, this vessel posed no threat to the lake due to its apparent lack of operation since 2008.
..Recommended Action
RECOMMENDED ACTION:
Only the Board of Supervisors can grant an appeal to the Administrative Citation and staff recommends that you take into consideration all the information provided today in your decision.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Water Resources Director
DATE: August 18, 2014
SUBJECT: Consideration of Appeal of an Administrative Citation for Leonard Peterson
EXECUTIVE SUMMARY:
On June 19th 2012, your Board enacted Ordinance 2976 which established the Administrative Citation process for boaters found in violation of the County's Quagga Mussel Prevention Program. Under this ordinance, the enforcement officers have the option of citing a violation using an Administrative Citation instead of a Criminal Citation. For a first offense, the fine is $100; however the individual receiving the violation has the option to appeal the fine to your Board and today's item is a hearing for two citation appeals. I have provided a short summary of each case and I anticipate that the Appellants or a representative will be available to present their argument.
Mr. Peterson was cited by a Lake County Sheriff Boat Patrol officer on June 16th. He was cited for violation of County Code 15.63 - Failure to display a current Lake County Quagga Mussel sticker. According to the attached letter from the Appellant, they had purchased a State Quagga Sticker as part of the registration of the vessel. The Appellant also notes in the letter that the vessel had Lake County stickers but he was not aware that both agency stickers were required. Finally, the Appellant states that there was no signage at the ramp and that the "press release" did not specifically indicate that two stickers were required.
Staff's Argument: The County Sheriff's Department has adopted a no-tolerance policy on violations of the County Quagga Mussel ordinance. When the State of California initiated their Quagga Mussel Sticker, we anticipated the confusion their sticker would create and we prepared press releases about the two programs. These press releases were run in the local media outlets on October 18, 2013, November 19, 2013, December 20, 2013, and May 29, 2014. Copies of those notifications are attached. Signage that indicated both stickers were required was also placed at all the public boat ramps prior to the Memorial Day and staff recalls placing signs at the Lucerne Harbor. A black and white copy of the type of sign that was placed is also attached. It should be noted that from a threat perspective, this vessel posed no threat to the lake due to its apparent lack of operation since 2008.
..Recommended Action
RECOMMENDED ACTION:
Only the Board of Supervisors can grant an appeal to the Administrative Citation and staff recommends that you take into consideration all the information provided today in your decision.
On motion of Supervisor Brown, and by vote of the Board, denied the appeal of an Administrative Citation for Leonard Peterson. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Farrington, Brown, and Rushing
Clerk’s notes: Water Resources Director Scott DeLeon and appellant Martina Fincher were sworn in by the Clerk.
Mr. DeLeon presented the item to the Board. Ms. Fincher gave her testimony to the Board.
The Clerk swore in Jim Steele and he gave his input to the Board. No one else present wished to speak and the public input portion of the item was closed.
8.69:45 A.M. - Discussion of the Impacts of the Mortgage Electronic Registration Systems on County Records.
Report
Staff memo
EXECUTIVE SUMMARY: Supervisor Rushing requested that this item be placed on the agenda for a discussion of the impacts of the Mortgage Electronic Registration Systems on County records.
Mortgage Electronic Registration Systems, Inc. ("MERS") is a national database of home mortgages that allows lenders to bypass county recorders so to more easily transfer mortgage rights. MERS was created by the mortgage banking industry. "Through the MERS System, MERS becomes the mortgagee of record for participating members through assignment of the members' interests to MERS." (Gomes v. Countrywide Home Loans, Inc. 192 Cal.App.4th 1149, 1151 (2011).)
There are a number of issues relating to MERS, including but not limited to, whether MERS has standing to conduct foreclosure actions and whether the avoidance of recording fees is unlawful. MERS tracks mortgage loans and servicing interests, but it appears MERS may not be recording all of these additional mortgage assignments.
"Homeowners in many states sued MERS alleging wrongful foreclosure. Those filings continue in many states, but they are now rare in California. In 2011 a state appellate court ruled that MERS has no obligation to disclose documents prior to initiating a nonjudicial foreclosure, and that a homeowner has no private right of action to determine the identity of the beneficiary. (Gomes v. Countrywide Home Loans, Inc., supra at pp. 1155-1159.)
A spate of contrary rulings in federal bankruptcy court gave some California homeowners relief. But last year a federal district court - citing a state appellate ruling that deeds of trust in California need not be recorded (Calvo v. HSBC Bank USA N.A., 199 Cal.App.4th 118 (2011) ) - reversed a plaintiff's bankruptcy court judgment. The district court held that MERS had a statutory right to foreclose under the express language of the deed of trust. (In re Salazar, 470 B.R. 557, 562 (S.D.Cal. 20120.)
Attorneys general in dozens of other states have sued MERS for deceptive trade practices, but very few complaints include claims for lost recording fees. The barriers to recovery are formidable: Depending on state law, recording title assignments may be mandatory or permissive; a private right of action must exist, county recorders must have standing to sue, and also be able to collect damages for failing to record." (California Lawyer, "In MERS We Trust" by Thomas Brom (2013).)
In the State of California, recording title assignments is not mandatory; it is permissive. (Civ. Code Sec. 2934.) Given the state law, there appears to be little the County may do to collect unpaid recording fees since there is no requirement these assignments be recorded. As to whether any of the recordings may be fraudulent, I spoke with Dave Krieger, the author of "Clouded Title" which chronicles his views of the manner major banks had clouded titles of property owners across the nation. Mr. Krieger advised that the only way to know whether and to what extent fraudulent recordings have occurred would be to retain the services of someone to conduct a forensic audit of the County recordings.
FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted
Estimated Cost: Unknown
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Original memo text
..Title
..Body
MEMORANDUM
TO: HONORABLE BOARD OF SUPERVISORS
FROM: ANITA L. GRANT, County Counsel
DATE: August 21, 2014
SUBJECT: Discussion of the impacts of the Mortgage Electronic Registration Systems on County records.
EXECUTIVE SUMMARY: Supervisor Rushing requested that this item be placed on the agenda for a discussion of the impacts of the Mortgage Electronic Registration Systems on County records.
Mortgage Electronic Registration Systems, Inc. ("MERS") is a national database of home mortgages that allows lenders to bypass county recorders so to more easily transfer mortgage rights. MERS was created by the mortgage banking industry. "Through the MERS System, MERS becomes the mortgagee of record for participating members through assignment of the members' interests to MERS." (Gomes v. Countrywide Home Loans, Inc. 192 Cal.App.4th 1149, 1151 (2011).)
There are a number of issues relating to MERS, including but not limited to, whether MERS has standing to conduct foreclosure actions and whether the avoidance of recording fees is unlawful. MERS tracks mortgage loans and servicing interests, but it appears MERS may not be recording all of these additional mortgage assignments.
"Homeowners in many states sued MERS alleging wrongful foreclosure. Those filings continue in many states, but they are now rare in California. In 2011 a state appellate court ruled that MERS has no obligation to disclose documents prior to initiating a nonjudicial foreclosure, and that a homeowner has no private right of action to determine the identity of the beneficiary. (Gomes v. Countrywide Home Loans, Inc., supra at pp. 1155-1159.)
A spate of contrary rulings in federal bankruptcy court gave some California homeowners relief. But last year a federal district court - citing a state appellate ruling that deeds of trust in California need not be recorded (Calvo v. HSBC Bank USA N.A., 199 Cal.App.4th 118 (2011) ) - reversed a plaintiff's bankruptcy court judgment. The district court held that MERS had a statutory right to foreclose under the express language of the deed of trust. (In re Salazar, 470 B.R. 557, 562 (S.D.Cal. 20120.)
Attorneys general in dozens of other states have sued MERS for deceptive trade practices, but very few complaints include claims for lost recording fees. The barriers to recovery are formidable: Depending on state law, recording title assignments may be mandatory or permissive; a private right of action must exist, county recorders must have standing to sue, and also be able to collect damages for failing to record." (California Lawyer, "In MERS We Trust" by Thomas Brom (2013).)
In the State of California, recording title assignments is not mandatory; it is permissive. (Civ. Code Sec. 2934.) Given the state law, there appears to be little the County may do to collect unpaid recording fees since there is no requirement these assignments be recorded. As to whether any of the recordings may be fraudulent, I spoke with Dave Krieger, the author of "Clouded Title" which chronicles his views of the manner major banks had clouded titles of property owners across the nation. Mr. Krieger advised that the only way to know whether and to what extent fraudulent recordings have occurred would be to retain the services of someone to conduct a forensic audit of the County recordings.
FISCAL IMPACT: __ None __Budgeted _X_Non-Budgeted
Estimated Cost: Unknown
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
There was Board consensus to bring some of these items back at a later date as action items, including letters to the State Legislators and the State Attorney Generals Office.
Clerk’s notes: County Counsel Anita Grant presented the item to the Board.
Chair Rushing asked if anyone present wished to speak and the following people spoke: Larry Anderson, Toni (no last name), Dean Goth, Jim Steele, Robert Sommerton, Betsy Cawn, John Brosnan, Jeff Tyrell, district representative for Senator Noreen Evans, and Chief Deputy Assessor-Recorder Debbie Olson. No one else present wished to speak and the public input portion of the item was closed.
8.710:00 A.M. - Discussion/Consideration for the County of Lake to donate county owned property located in the City of Clearlake for the purposes of building a veteran homeless shelter and/or veteran housing project under California Proposition 41 "Veterans Housing and Homeless Prevention Bond Act."
Report
Staff memo
EXECUTIVE SUMMARY:
Please see attached memorandum and map.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Original memo text
..Title
..Body
MEMORANDUM
TO: Denise Rushing, Chair
FROM: Anthony W. Farrington, District 4 Supervisor
DATE: August 18, 2014
SUBJECT: Discussion/Consideration for the County of Lake to donate county owned property located in the City of Clearlake for the purposes of building a veteran homeless shelter and/or veteran housing project under California Proposition 41 "Veterans Housing and Homeless Prevention Bond Act."
EXECUTIVE SUMMARY:
Please see attached memorandum and map.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
There was Board consensus to create an ad-hoc committee for this project that would consist of relevant staff as well as Supervisors Farrington and Smith, with Supervisor Comstock serving as an alternate.
Clerk’s notes: Supervisor Farrington presented the item to the Board.
Chair Rushing asked if anyone present wished to speak and the following people spoke: Jeri Spittler, John Brosnan, Peter Cameron, Jim Steele, Richard Burt, Chris Telofero, Frank Parker, and Dean Goth.
8.810:15 A.M. - Discussion and Consideration of potential project applications to the State for funding through the State Department of Boating and Waterways Quagga and Zebra Mussel Infestation Prevention Fee.
Action Item
Staff memo
EXECUTIVE SUMMARY:
In September 2012, the State of California signed Assembly Bill 2443 which created a special fund in the Department of Boating and Waterways to provide grants for local agencies to develop Quagga and Zebra Mussel Prevention Programs. This special grant program is being funded through additional registration fees imposed by the Department of Motor Vehicles at the time of registration, or registration renewal for vessels that operate in fresh water. Staff has been following the development of the program and we are of the understanding that the State will be soliciting grant applications in the near future. The purpose of this agenda item is to hear from the Board and the Public ideas on potential projects or programs. It is staff's objective to receive consensus from the Board on project priorities or direction to pursue specific projects or program enhancements.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Water Resources Director
DATE: August 15, 2014
SUBJECT: Discussion and Consideration of potential project applications to the State for funding through the State Department of Boating and Waterways Quagga and Zebra Mussel Infestation Prevention Fee.
EXECUTIVE SUMMARY:
In September 2012, the State of California signed Assembly Bill 2443 which created a special fund in the Department of Boating and Waterways to provide grants for local agencies to develop Quagga and Zebra Mussel Prevention Programs. This special grant program is being funded through additional registration fees imposed by the Department of Motor Vehicles at the time of registration, or registration renewal for vessels that operate in fresh water. Staff has been following the development of the program and we are of the understanding that the State will be soliciting grant applications in the near future. The purpose of this agenda item is to hear from the Board and the Public ideas on potential projects or programs. It is staff's objective to receive consensus from the Board on project priorities or direction to pursue specific projects or program enhancements.
This item was continued to September 9, 2015.
Clerk’s notes: Water Resources Director Scott DeLeon presented the item to the Board.
Chair Rushing asked if anyone present wished to speak and the following people spoke: Phil Murphy, Mary McMillin, Mike Dunlap, Donna Lee, Jim Steele, John Brosnan, Betsy Cawn, and Malika Adrian. No one else present wished to speak and the public input portion of the item was closed.
9. Non-Timed Items
9.1Supervisors’ weekly calendar, travel and reports
10. Closed Session
10.1Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, M. Perry, A. Flora and C. Shaver; and (b) Employee Organization: DSA, LCCOA, LCEA and LCSEA.
Closed Session Item