BodyBoard of Supervisors
MeetingRegular Meeting
Date📅 January 15, 2019

UnGovr Transcript

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0:03 – 0:381 turns

Pledge of Allegianceceremonial · click to expand · ≈85s recited, not transcribed
UnidentifiedUnidentified speaker 1Proposed2:02

Thank you for your patience.

UnidentifiedUnidentified speaker 1Proposed3:29

This meeting is being recorded. This meeting is being recorded. This meeting is adjourned. This meeting is adjourned. Seeing none, I'll call the vote. This is a test. This meeting is being recorded. This meeting is adjourned. I'd like to introduce the Board of Supervisors. Senator San Buenaventura. This meeting is adjourned. This meeting is This meeting is being recorded.

Thank you so much. This meeting is being recorded. Thank you. Next, on the second part of today's meeting, we'll have Dr. Roberts to answer a couple of questions. So let's go ahead and get started with questions. It's a pleasure to present to you this meeting of the Board of Supervisors. I'd like to begin by saying that this is a very important meeting for the board, and it will be a very important meeting for us as well. So I'm pleased to present to you today, the Board of Supervisors Meeting of the Senate Supreme Court. And I would like to introduce our speakers today. These are the five members of the Supreme Court Committee on Judiciary. This was made possible through a joint effort by the board of supervisors and the Senate Supreme Court.

Welcome to This meeting is being recorded. This meeting is being recorded. Oops. This motion is supported by the Supreme Court. I'm going to be making a motion to approve the report of Barbara County Board of Supervisors meeting. The motion is so moved, seconded, and seconded. Thank you. This meeting is being recorded. This meeting is This meeting is being recorded.

This meeting is being recorded. Yes. This meeting is adjourned. This meeting is Please stand.

0:38 – 0:545 turns

UnidentifiedUnidentified speaker 2Proposed38:56

This year we established an inpatient pharmacy. This was an effort to really help increase our compliance with the state and federal standards for medication for clients, to reduce errors in providing medication, and to improve client safety. We have implemented, and you'll see pictures of these, a new automated medication dispensing machine called Pyxis. And I don't know what that stands for. A pharmacist might. But the nurse requests and then the system directly provides access to the medication as prescribed while all the other pill storage areas stay closed. So it's really a much more secure system than the medication room approach we had previously.

You really get access to just one thing at a time, so that reduces errors and it tracks every single thing that happens with the medication administration including the bar coding system that's used each time the medication is accessed. So let's go to the next slide and we can see what that looks like. This is the Magic Pixis machine, and it interacts with computerized ordering of medications so you have a display screen there. You can see there's a barcode scanner to verify that what you have in your hand is what you think you have in your hand.

You have the medical record chart there, and

UnidentifiedUnidentified speaker 3Proposed40:26

then staff access this The Santa Barbara County Sheriff's Office has issued a report on the approach of a rainstorm capable of producing debris flows in Santa Barbara. If you are in a storm risk area. For more information or to view the indirect a

UnidentifiedUnidentified speaker 2Proposed41:46

tablet kind of survey format, and it's encouraged that every client as they leave the PUF reviews the services there using this tablet. And so these are some of the examples of questions that have been obtained from that survey. I liked the services I received here 63% strongly agreed 28% were neutral and 9% disagreed. Next item is my symptoms are not bothering me as much as before, 73% agreed with that at discharge.

I think that says 13%, but I can't really see that far. We're neutral and 9% strongly disagreed or disagreed with that. One of the important functions of our QAPI is to really focus on different indicators to make sure that we maintain standards for the federal and state requirements of providing PUF services. One of the focused areas of attention is on environmental care environment of care including environmental services, emergency preparations and we've been focusing on reducing the use of restraint and seclusion.

So current areas of improvement that we've been focusing on this past year is really increasing the duration of hand washing to meet CDC guidelines And providing corrective action for staff who don't meet that duration standard consistently and presenting monthly stats at team meetings so they're aware of how they're doing with monitoring that variable. Another effort has been to increase compliance and discharge summaries, ensuring that they contain all the required elements. And corrective action has included PUF leadership staff meeting with our Transit Traditions Behavioral Health Director to provide feedback and follow up on current contracted doctors to provide refresher trainings to ensure again that we're meeting all standards for service delivery and audit compliance.

Next One of the things that we typically bring to our annual report is an update on our policy and procedure approvals. One of the main functions of PGB is to review pretty much every word of every policy that goes forward for the PUF Governing Board, and since its inception PGB has reviewed 101 total policies, and this includes revisions of prior policies as well as new policies that have been developed. The next chart shows the areas that these policies broadly fall into. The most policies have related to the medications because we've gone through a transition from having a community pharmacy deliver medications to having our own inpatient pharmacy. So there have been a lot of policies developed with regard to medications over the past two years.

Also, a large number of infection control patient care and crisis policies, dietary administrative nursing facilities and legal policies have been developed as well. This is an example, and I apologize if this print is small and hard to read. But this is an example of the multi-page QAPI indicator report that the PUF Governing Board reviews every month. We have different elements of our review system This one shows environmental service and environment of care variables. It shows the measure that is done, the description of how that measure is examined, the target we are shooting for and whether we are on target or off target for the month. And then it also reflects whether the prior quarter was on target or off target so we can see improvement and change.

I want to talk a little bit about our efforts during the debris flow incident last year and also the fire efforts. significant concern that the puff may need to be evacuated in the fire episodes and we had two very extensive We called them drills because we ended up not having to evacuate but essentially we were ready to go. We had the vans gassed up, all the charts loaded and ready to go into the cars and patients were prepped and ready evacuate to San Luis Obispo County that had beds waiting for us if we needed to go.

So, that was a really good prep for the staff but it fortunately didn't have to be utilized however when the debris flow came a number of our staff live in Ventura County and were unable to get I just want to call out the extraordinary efforts that staff took, either arriving by boat or in the bus convoys. Some of them actually drove five hours around through Bakersfield and down from Santa Maria to make their shifts. They stayed overnight so they did multiple days in a row and some of them took the train when the train was open as well.

Staff went to amazing efforts to make sure that we had our staffing patterns in place, to keep the puff open and provide for the safety of clients. We also had thoroughly developed contingency plans in place in case we needed to evacuate We did formally adopt an emergency preparedness plan in February, so we basically wrote down everything that we had put into place and have that as our formal plan. And then we also formalized our agreements with San Luis Obispo Health Agency and Ventura County Healthcare so that we have emergency mutual aid agreements between our Next slide.

So as we look towards the future and talk about what else we need to improve our system of care, I've already mentioned the impact that incompetence stand trial has on the PUF. And we have long said before the board with our capital facilities report That problem would be immensely improved if we had capacity for in-county mental health rehab centers, both serving our average PUF client and separately or in the same facility.

criminal justice clients as well. So we continue to try to develop these mental health rehab centers, we have zero beds in county right now having any beds in county would be an immense improvement for the effective functioning of our system. An MHRC is a facility that someone goes to when they don't qualify for PUF services, they are not acute but still need locked psychiatric sometimes very long-term care. So those services remain a priority and we'll continue to have discussions about those.

Reminder that we are mandated to provide services in the least restrictive alternative possible so It's a real gap in our system that we don't have the immediate step down from the PUF within the county. So, we send clients out of county now at a cost of millions of dollars per year at these out-of-county facilities. We also have gaps, although we've made a number of improvements in adult residential programs, supportive housing and permanent supportive housing with on-site services provided.

We are increasing these resources even as we speak the No Place Like Home initiative is moving forward and we have been working with Thank you. Our remaining Mental Health Services Act housing funds are being deployed for the Depot Street project in Santa Maria which will result in another 35 units for our clients and that's going to open this year, 2019 summer we think. Is that right? They've already broken ground and so that's moving forward. In addition, we've done a lot of small projects with the City Housing Authority of Santa Barbara and the County Housing Authority as well as developed due to your board's funding some supportive housing programs with one of our provider to help provide outpatient services for incompetent to stand trial restoration.

So a lot of things going on in the area of step down from PUF that ultimately help the functioning of PUF and the flow at the PUF. So our summary on this presentation is that the PUF Governing Board generally meets monthly. We have regular agenda items on reporting for quality indicators, complaints and grievances, infection and prevention control, patient services, care and safety, restraint and seclusion, medication use, pharmacy services, budget development, policies and procedures, and medical staff bylaws.

We opened our pharmacy in September of 2018 and this has resulted in workflow efficiencies, increased compliance and reduced errors. And by administering the Puff Satisfaction Survey in-house we have $13,000 cost savings and a higher response rate compared to the prior survey strategy which only had a response rate of 12% or up to 44%. So we still have room for improvement. Next slide.

It is requested that the Board of Supervisors receive and file a report on the Psychiatric Health Facility on this annual update from the PUF Governing Board regarding operations of the PUF including quality of care and other program activities, and determined that above actions are exempt from the California Environmental Quality Act. Happy to answer questions and staff here are happy to answer questions as well if the board has any.

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.8153:44

Thank you Dr. Gleickhorn, do any board members have any questions they'd like asked? Supervisor Hartman.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.8853:52

Thank you I have two questions. Dr. Gleichhorn first are there any rule changes in the works that would change the number of beds that are allowed at a PUF facility?

0:54 – 1:008 turns

UnidentifiedUnidentified speaker 2Proposed54:07

The federal agency CMS issued a letter recently to state entities Opening the possibility that a longstanding restriction on funding could be waived on a state-by-state basis if state agencies applied for this waiver. So what does all that mean? California currently has a waiver of what has been called the IMD exclusion, Institute for Mental Disease which limits the number of beds an entity can have to 16.

California has this waiver, they got it as a result of a request, an 1115 proposal request to their existing state plan with the federal government strictly for residential substance abuse treatment programs As part of the organized delivery system waiver. So in expanding the drug Medi-Cal benefit due to the Affordable Care Act, the state has already received an IMD exclusion waiver just for substance abuse treatment that allows Substance abuse residential treatment programs to have more than 16 beds. And they are allowed to deliver services for up to 90 days and the federal government pays for the lion's share, about 95% of the funding in a charge for that service.

If California wants to take advantage of the new letter that has been issued by CMS, that would apply to acute psychiatric settings like the PUF or MHRC settings which are also called IMDs if we had those in county. That action has to come from the State Department of Health Care Services because it relates to the overall agreement that the state has with the federal government for those federal dollars.

And, the earliest that the state could put that into effect would be with the next state plan amendment that is due and would start in 2020. So I serve actually on the Executive Governing Board of the California Health, sorry, California Behavioral Health Directors Association which has already been actively engaged with the state around our support for addressing waiver issues.

There's a big caveat on that, and that is the state will have to prove to the federal government that any proposed changes are cost neutral. And so that requires a lot of study and a lot of number crunching to prove that by having the federal government pay for the proposed change, that will offset costs elsewhere. So the State Department Health Care Services is looking at this very carefully. We are advocating at the state level. I've already been in touch with some of our local representatives at the state level and I have

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ElectedJoan HartmannSupervisorProposedvoiceprint 0.8857:41

one other question and that has to do, I think with the orange bar on your chart. The goal of the PUF is to stabilize people through behavioral and medical Treatment diagnosis and stabilize them and then get them out to someplace where they have longer-term care Because it's so intensive there, and I understand that we have incompetent to stand trial people who we need to keep Longer perhaps because we don't have another facility But what I'm not sure about is other non Legally involved clients. Are we keeping them there longer at the PUF because we don't want to pay the expense to send them out or we don't have any other place and how big is that problem?

UnidentifiedUnidentified speaker 2Proposed58:38

So you're correct that the orange bars reflect the volume of those days that are spent on the PUF, and those are the non-criminal justice involved or at least the non IST clients on the PUF. Part of the problem with placing those clients again is that we have no immediate step-down facilities that are located within county and so we have less control over the availability of those beds because we contract with a variety of those entities outside of the county. So, again it is our top priority as Presented to this board in our last capital facilities report to develop in-county mental health rehab centers To make that transition more quickly

ElectedJoan HartmannSupervisorProposedvoiceprint 0.8859:31

So if I just might summarize we want to see that orange bar go down. That's our goal

UnidentifiedUnidentified speaker 2Proposed59:37

Yeah, green is good blue is okay We want the orange and red to decrease

UnidentifiedUnidentified speaker 4Proposed59:44

Mr.. Chair yes Just building on Dr. Gleghorn's answer, although Supervisor Hartman's question started off by fencing off the incompetent to stand trial patients who are there, the same discussion applies and that is under the penal code that involves these folks. If the county has other facilities, whether they're step-down or even outpatient facilities that would promote restoration to mental competence those are available under Penal Code Section 1370.01 so the same logic that Dr. Gleghorn was describing applies to those incompetency and trial folks.

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:00:26

Okay great and I just oh yes Doss go ahead.

UnidentifiedUnidentified speaker 5Proposed1:00:32

So I think what I'm getting out of this is the conclusion is if we're going to be out of the fiscal and societal mess, we've got to spend some capital money to save some ongoing costs at some point. And we're right now looking and negotiating for partners in that endeavor. Is that the case?

1:01 – 1:077 turns

UnidentifiedUnidentified speaker 2Proposed1:01:02

Supervisor Williams through the chair, yes.

UnidentifiedUnidentified speaker 5Proposed1:01:05

Great and I know that may not be for prime time but of course we want to encourage those health care entities that are interested in solving this problem with us to continue their dialogue with you and figure out how we can solve this together. Of course, so the other pressing need is on IMD beds which we just saw an item on in the A agenda or two items on the agenda.

Those costs are also going up continuing to go up statewide and Twice the rate of people in Ventura being sent to IMD or to IMD beds, so it's a rising cost. And obviously it would also be more humane if we could find a place for them to go in county that we can control at least from a price perspective, we would have more control over and would be better for the patients themselves.

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UnidentifiedUnidentified speaker 2Proposed1:02:17

Supervisor Williams to the Chair. Yes, you know that the department has long advocated for both these MHRC or IMD beds in county as well as the need for additional beds to the existing 16. For a county of this size, 16 beds simply is not deemed adequate for the volume of clients that we have really requiring acute levels of care. So we are trying to work collaboratively with all our county stakeholders to develop both more acute beds and any MHRC beds in-county.

UnidentifiedUnidentified speaker 5Proposed1:02:52

And then of course all this oversight, this report in addition to that there is regular audits and inspections from the state. And then our Behavioral Wellness Commission has also done visits to the facility before. So there's a huge amount of oversight at this facility these days that I just wanted to point out in addition to this report.

UnidentifiedUnidentified speaker 2Proposed1:03:21

Supervisor Williams to the chair. I'm sorry, I don't recall if I mentioned this it's in the board letter but it wasn't on the slides we did just have outside of this annual report period we did just have a DHCS chart audit they do those once every three years and our disallowance rate improved by 20% so we're very happy with that and there's still room for improvement but a lot of A lot of energy has gone into making sure that we are meeting compliance on all levels. And that ultimately helps us with any, we have audits all the time from both CMS and DHCS but all that effort helps improve our bottom line really.

UnidentifiedUnidentified speaker 5Proposed1:04:06

Well I want to thank you and all the PUF staff for that effort.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:04:12

Thank you. And that's kind of where I wanted to go was, you know, I know this is a little bit of a difficult and weighty topic but you know the PUFs one of those areas that we don't really focus too much on until something goes wrong and then it becomes front page news and a huge liability so I really want to thank especially Terry from the CEO's office for heading up this activity and you know our staff probably work in some of the most stressful conditions of anybody in the county they do so in an outstanding manner.

And I did want to I really commend all those that, you know not only my PUF governing board members but especially the staff. Starting with Dr. Glakehorn and Laura Zeitz I know was mentioned, Dr. Berenson Alicia Silva, Susan Sauterman, Sarah Sanchez, Delilah Brown and Yanaris Munoz those 101 policies I think she was involved in every single one of those. Melanie Johnson, Morgan Peterson and from County Council's office.

I also want to give a shout out to Karen Campos who handles all the, she serves as our clerk of that board and does an outstanding job of getting us all of our reports. I think what was interesting to me coming on board was Because we're a superpuff, we fall under the rules and regulations. Basically state and federal government look upon us almost as they do. We have to follow the same rules and regulations as a full scale hospital even though we are only 16 beds.

And while some of the rules and regulations might seem a little over-the-top For example, one of the ones that I remember was how to properly clean a counter. Which spelled out which cleanser you had to use, how you had to spray it, how long you had to wait before you wiped it down, what you wiped it down with. It seemed way over the top but that's part of the way we get reimbursed and so I appreciate the fact that the staff has really embraced this new template of finding out what root causes of problems are implementing corrective action. And then measuring how we're doing against that corrective action, and I think it's something we could probably learn from elsewhere in the county. Also a huge shout out to Jeanette Pell and all her staff at General Services because there has been quite a bit of capital improvement that's been done inside the PUF.

And I know that that makes probably for a better stay for those that not only are staying there but also work there so I look at my two years on this board as watching the staff make a, in my opinion, Herculean effort to really kind of take a different approach to the PUF. And I just really appreciate all the work that's been done and I think it's resulting in better care.

It's resulting in a better bottom line and both of those are front and center for me so If there's no other discussion, then I will entertain a motion to move the recommended actions. Moved and seconded. Roll call please.

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1:07 – 1:149 turns

UnidentifiedUnidentified speaker 6Proposed1:07:51

Mr. Williams? Aye. Mr. Hart? Aye. Ms. Hartman? Aye Mr. Adams?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:07:58

Aye Before I say aye, I want to say if I left out any staff member, I apologize. Aye.

UnidentifiedUnidentified speaker 6Proposed1:08:08

I just want to note we did not have any requests to speak on that. Pass is 5-0.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:08:13

Okay thank you very much. Do you need a break? Are you ready to go? All right let's move onto item D2. Mr. Allen?

UnidentifiedUnidentified speaker 6Proposed1:08:24

Chair Lavinino, members of the board. Item D2 is some community services. It's a hearing to consider recommendations regarding residential property assessed clean energy financing.

UnidentifiedUnidentified speaker 7Proposed1:08:40

Good morning Chair Lavagnino and members of the board. George Chaption, Community Services Department. With me I have Ashley Watkins who is our division lead for the Sustainability Division and Ashley's going to start off by introducing this item giving some background on the residential PACE program Some of the potential benefits and concerns of the program, recent legislation and seeking direction from the board on future action for residential PACE. So with that I'll turn this over to Ashley.

UnidentifiedUnidentified speaker 8Proposed1:09:13

Good morning Chair Lavagnino, members of the board. PACE was first enabled in California with the passage of Assembly Bill 811 in 2008 and what PACE does is provide a mechanism for property owners to finance the cost of energy efficiency, water efficiency, renewable energy projects. When a property owner agrees to pay financing, a lien is placed on the property and an assessment in the amount of the project costs plus any administrative fees or interest are placed on their property tax bill from the county. And then these financing costs are repaid through the property tax billing process.

Pace liens are considered super priority liens and as such they take priority over existing mortgages. And what that basically means is that when a home would go into short sale or foreclosure, liquidated for some reason That the PACE payment and arrears would be paid off first prior to the first mortgage. PACE programs were originally envisioned as being operated by local governments, however the majority of programs throughout the state with a few exceptions are now being operated by third party administrators with private lending partners.

PACE programs require that a local government opt into them. However, cities may opt into them on their own regardless of whether the county has approved PACE but PACE requires some county administration even if there's not an active PACE program within the unincorporated county. And what that looks like is basically PACE liens need to be recorded with the clerk recorder.

The auditor controller or treasurer tax collector has to add that assessment to the county property tax bill, and then as I mentioned previously repayment is collected through that property tax bill. The auditor controller would then distribute the collected funds to the third party administrator. We have some experience here in Santa Barbara County with PACE. We were actually set to launch our own internally administered PACE program for both residential and commercial in June 2010, however just prior to launch the Federal Housing Finance Administration issued a statement in July 2010 expressing concerns related to PACE They felt that it put the enterprise at risk.

FHFA is the agency that regulates Fannie and Freddie Mae, which are two of the largest backers-of-home mortgage. So the board felt that this was important. The effect of this direction was essentially that a potential home buyer is unlikely to find funding or financing that would allow them to purchase a home that was encumbered with a PACE lien and then that would result in the PACE property owner having some trouble selling their home.

Given the potential risks to consumers, the board adopted Resolution 1021 in July and directed staff not to accept any residential PACE applications until FHFA's concerns had been addressed. FHFA's position has not changed since that time and they reiterated their stance on residential PACE in June 2016. In April 2018, the board approved a commercial PACE program only using the CSCDA OpenPACE program.

CPACE programs are considered less risky because they typically require that the property owner get approval from the existing mortgage lender prior to a lien being placed or funding being obtained. And that's sort of an important distinction because getting that lender consent mitigates the risk that a property owner would be violating their mortgage agreement. Many times mortgage agreements have a clause in them that says that the property owner can't encumber the property with additional debt that takes first lien position.

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:14:05

Ashley, we have a question from Supervisor Adam.

UnidentifiedUnidentified speaker 9Proposed1:14:07

Yeah but it in no way eliminates the risk that the person that may be trying to buy that property later can get a loan to do so. Right because Freddie and Fannie can't loan in that whole area code isn't that right?

1:14 – 1:2513 turns

UnidentifiedUnidentified speaker 8Proposed1:14:28

So you're speaking specifically to some direction that Fannie and Freddie made with regards to residential properties. Fannie, excuse me, FHFA does not oversee commercial lending entities so their direction only applies to residential.

UnidentifiedUnidentified speaker 9Proposed1:14:45

Okay I'm sorry. That was off.

UnidentifiedUnidentified speaker 8Proposed1:14:48

But it is true for residential. Okay

UnidentifiedUnidentified speaker 9Proposed1:14:50

all right but back to what we're talking about today The Freddie and Fannie cannot, I just don't want that to go by because you're kind of moving through this presentation. And I heard you say this and then I just want to make a point here that this is regarding residential projects and residential PACE programs prevent Freddie and Fannie from loaning in the entire zip code That's actually not correct. There was some direction given by FHFA to Fannie and Freddie that stated that they could

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UnidentifiedUnidentified speaker 8Proposed1:15:45

What they could do is redline communities and not provide the same amount of ability to have equity in their home if that city or county opted into a PACE program. not move forward with enforcing that, but what they have moved forward with enforcing is if a property owner has a home that has a PACE lien on it and a potential buyer is looking to purchase that home.

They're going to have some difficulties finding financing because the majority of conventional loans are backed by Fannie and Freddie, so they would have to find some other lender. It's possible that there's other lenders that would lend on it but the majority of lenders follow Fannie and Freddie guidance.

UnidentifiedUnidentified speaker 9Proposed1:16:35

Okay thank you.

UnidentifiedUnidentified speaker 8Proposed1:16:43

So while many PACE programs came to a halt after FHFA's guidance, after a brief pause California moved forward really with third party administrators and private lenders emerging as the driving force behind those programs. Residential PACE programs are currently operating throughout the state, including the City of Santa Barbara and the City of Lompoc. The City of Santa Barbara adopted a residential PACE program in 2007, and there are no...

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:17:27

Okay Ms. Watkins we are going to have to hold just for a second. Looks like we had a little hiccup in our, we're ready again go ahead. If you want to repeat what you just said about Lompoc that would be great.

UnidentifiedUnidentified speaker 8Proposed1:17:40

So the city of Lompoc started a residential PACE program or opted into a PACE program in 2017 and they currently have 17 projects according to our records. On a statewide level, the treasurer of the state reports that there's about 145 R-PACE liens valued at about $3.4 billion. I would note that the city of Carpinteria recently voted not to move forward with a residential PACE program at this time, and that overall we're sort of seeing interest in PACE waning with PACE providers.

Reporting a 40 to 50% decrease in interest related to the number of projects that they're seeing that are obtaining PACE financing. Probably related to some of the recent legislation that provides some consumer protections, but there's also been some criticism from the media as well as consumer advocacy groups that might be driving some of that. The residential PACE programs come with both potential benefits as well as potential concerns. Proponents of PACE cite that there's an increased deployment of renewable energy, water efficiency and energy efficiency projects and that those projects result in a reduction in greenhouse gas emissions.

They also cite that PACE provides 100% financing with no upfront out of cost, making it easier for homeowners or property owners to move forward with these projects. And then they also say improved property value job creation and economic development that are resulting from these projects. Alternatively, as residential PACE programs have expanded they've come under criticism from consumer advocates as well as some homeowners. Some of those concerns expressed include what I spoke about earlier with a significant number of homeowners being unable to sell their home either because a prospective buyer can't find financing for it or they just don't want to take on the PACE lien.

There's also been some charges of predatory lending practices, so specifically targeting Spanish speakers, elderly, low-income residents who maybe would qualify for free or low cost services through the state or through the utility. And then also that PACE financing has a pretty high cost associated with it. We took a look at some of the different residential financing products that are out there, there's quite a few.

There are programs that are available through Fannie, there is a statewide program called the Residential Energy Efficiency Loan Program, there's HELOCs. So there's a lot of financing already out there available for these types of projects. Looking at the rates, I would say that PACE rates tend to be higher than the annual percentage rate that's charged. And that's really sort of driven by the administrative fees and costs that are associated with that type of lending. So just to kind of give you an idea of scale With the HELOC, some of the banks that we talked to, they're providing rates of 5% to 7% with fees that could be as low as $500. Whereas the PACE projects that we've seen coming through Lompoc, the majority of them are in the 9% rate for the APR.

Again, PACE programs require some county administration. And because of that there's been some confusion either because contractors aren't representing it properly or homeowners aren't quite understanding what it means when contractors are representing it as a government sponsored program. It's created some confusion about who is actually responsible for the project costs.

And then I also think there's some reputational risk. And then finally, I would just mention that PACE providers do have the ability to foreclose on a property if a payment is missed. To address some of the concerns around PACE, there was legislation that was passed in 2017 to provide consumer protections. Specifically those provisions include requiring that income be factored into underwriting criteria. It was not previously equity in the home was the main driver for being eligible for a PACE loan. Also minimum training requirements for participating contractors, PACE administrators are now required to have a phone call with the property owner to make sure that they understand what they're signing up for and then no contractor kickbacks there's some reports that the PACE providers were providing kickbacks to contractors as a result of them utilizing that specific financing There were some concerns that there were too many loopholes in the legislation that was passed in 2017.

So, in 2018 two more pieces of legislation were approved by the legislature and it's hard to say whether the appropriate level of oversight and consumer protection has been achieved especially given the fact that you know the legislation passed in 2018 just took effect in January 2009 2019, excuse me. So today staff's recommended actions are to either not pursue implementation of a residential PACE program further at this time or to pursue implementation of a third-party residential PACE program and we're happy to take any questions from the board.

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:24:04

Thank you very much. Are there any questions of Board members? Supervisor Hartman to start

ElectedJoan HartmannSupervisorProposedvoiceprint 0.881:24:09

Thank you Mr. Chair, my first question is I think under the new law you can also use this for fire hardening? Is that correct? I didn't catch that as one of the things you could use this money for when you introduce your presentation.

UnidentifiedUnidentified speaker 8Proposed1:24:27

Yes, so there was legislation that was passed in 2018. But the board would have to take additional direction, take additional action and specifically they would have to designate an area as a high fire zone area and then only that area would be allowed for fire hardening measures. I would just point out that's not a unique aspect to PACE. Most of these other types of financing options like the HELOC Or even the Statewide Residential Energy Efficiency Loan Program allow for some of those measures.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.881:25:03

And two more questions if I may? The first, the 17 examples in Lompoc were most of those before the new restrictions by the state law or are some of those post-new law?

1:25 – 1:3213 turns

UnidentifiedUnidentified speaker 8Proposed1:25:26

They really vary, the majority of them I would say happened in 2017-2018. And

ElectedJoan HartmannSupervisorProposedvoiceprint 0.881:25:36

if you would summarize? I mean I looked at it and it didn't look like a very good story that we're seeing there.

UnidentifiedUnidentified speaker 8Proposed1:25:46

Yeah, I mean when I looked at some of the liens that were recorded in Lompoc. The median interest rate was 9.19% with the highest interest rate being 9.99%. And just looking at the cumulative effect of that rate as well as the long term that's available so These loans can go out as far as 25 years. You have some cases where a property owner is paying $30,000 for a project but over the course of the loan their costs are more than double that.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.881:26:27

And my final question is, I'm trying to understand the administrative burden to the county. And I think I get the first part of it where we have to assess the increased value and the loan but when people pay their property tax then they're including this and then what does that take for the county to pay the financing entity? Is that how it works? I mean I don't quite understand how Again, I'd like to understand better what this means for the county administratively.

UnidentifiedUnidentified speaker 8Proposed1:27:04

Sure so when a city or a county moves forward with adopting a PACE program there's a fee agreement and basically what happens is when the money for the property tax is collected some of that money if there is a PACE program that's operating would need to be set aside And

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:27:43

I know in the past our auditor controller has had a negative opinion of residential PACE and I'm just curious if we have any updated information on that. Is our auditor controller in the audience in Santa Barbara?

UnidentifiedUnidentified speaker 10Proposed1:27:59

Yes, Supervisor she's coming up to the podium. Okay

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:28:02

thank you. Good morning.

UnidentifiedUnidentified speaker 11Proposed1:28:11

Good morning. I was going to say good afternoon but it's good morning, Chair, Supervisors. The auditor controller's position is still the same. It's unchanged. We do not support residential PACE at this time from what from my understanding the legislation that FHWA or the FHFA is still and we just all saw that presentation they are still not supportive of This program because of all the various reasons just mentioned I think our white paper is still timely with respect to all of the different arguments against it.

And I guess just for the record, we're not against energy programs. We're sort of against the technical construct of how this is presented so anything

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:29:06

else? Thank you very much if anybody else has any questions from Schaefer. Are there any questions from Santa Barbara before we go to the public?

UnidentifiedUnidentified speaker 5Proposed1:29:14

Yeah, I mean, I guess what I would want to hear maybe from some of the folks who are in opposition. And this is just as a precursor for public comment if people might weave it in is, I served a brief amount of time on the banking committee In the state legislature and To me, this is not even like in the top five or even top ten lending products ripe for abuse. Now obviously it's possible to abuse lending products but I mean we have made a societal choice to allow consumers access to a number of lending products that If they're not treating it with discrimination, they will get in trouble.

I mean we allow credit cards at 30% interest. It's legal in this state to do payday lending which is just I would consider usurious levels of interest and a cycle of problems. So, to me we have to put this debate in some context of we don't make illegal lending products that we think people are going to get in trouble with. For some reason this is the one lending product that people have gotten into trouble with that we're not letting people have access to.

And I want to know why. Why should we make that decision for consumers that they can't assess their own financial situation and have access to this while we allow them access to payday lending, HELOCs, all sorts of home equity lines of credits that people get upside down in their mortgages with? And credit card rates of usurious levels. Why is that all okay, but this isn't?

And that's something I would love some of the speakers that are in opposition to address because to me the advantage and disadvantage of this, the reason why, I think the reason why we're paying more attention to it is because there's actually people going out and finding customers We are not paying attention to these other lending products because there's not people going out and buying customers. That is also the advantage of the program, meaning that Without people going out and finding customers, there's not going to be the energy efficiency work.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:32:12

Okay I think we have somebody that is going to take you up on that response Supervisor Williams.

UnidentifiedUnidentified speaker 9Proposed1:32:19

Let me repeat what I just think I heard you say and ask you to clarify that it's the one product people have gotten in trouble with that we don't want to allow them access to?

1:32 – 1:378 turns

UnidentifiedUnidentified speaker 5Proposed1:32:37

My question is why would this be the product that we don't want to have people have access to when we allow them access to a bunch of other bad ideas? Payday lending, we allow them access to all sorts of home equity line of credits. We allow them access to any number of unconventional loans and credit card rates that Get a whole lot more people in trouble than base programs around the state. So

UnidentifiedUnidentified speaker 9Proposed1:33:12

I get it but the thing is, and I appreciate you letting me talk over there. If it's a bad idea and by the way that we only have the one idea in front of us right now so if we could bring all the other ones in front of us and disallow them that'd be fantastic because I think we should Disallow any bad idea that comes before us and as far as I'm concerned We can't hear too many bad ideas to be disallowed but this one right here is before us at the moment and You know, it's it's if we allow it We're endorsing the idea Which I think is giving people the wrong idea that it would be okay if they weren't hip enough to be able to determine that for themselves. And so, I think we're really helping people not having Access to to that kind of thing where they can't get in trouble with it, and we can see that going in The other thing is it's gonna harm property values in the end Because if you can't get loans You know I notice on slide 8 as 6, there's an assertion that the property values would be improved.

And I don't see how that would be if you have trouble getting a loan on a parcel or piece of property then it's going to knock the price of the property down and if you cut a hard time getting loans in a zip code Your entire property value will go down and then your tax take is going to go down. And that's going to back into everything so maybe it makes housing more affordable, maybe that's a silver lining but it's bad strategy for cash flow for the county I'm telling you that

UnidentifiedUnidentified speaker 11Proposed1:35:31

Chair Lavandino, Supervisor.

UnidentifiedUnidentified speaker 5Proposed1:35:34

Well before we leave Mr. Adam I want to say if Mr. Adam wants to join the movement to render payday lending illegal and high interest rates on credit cards I would love that because as a conservative Republican we don't have a whole lot of Republicans support for that it would be great your message would be really credible so I guess I'm going to show up with a petition next time you're in the office because that would be great as a follow-up, no matter how this hearing goes.

UnidentifiedUnidentified speaker 11Proposed1:36:05

I just want to make one comment. Sort of the distinguishing feature of those other ones versus this one is that it's using our property tax system. You know, the presentation to the public is that it is a government program because it's using our property tax system that is paid for by The whole community so I just want to make that distinction.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:36:29

Okay very good is there any other questions Supervisor Hartman?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.881:36:33

I appreciate that, I think that is an important distinction and the other point that Supervisor Williams made was that there aren't other opportunities for people to be out there talking to homeowners and renters and encouraging them and I just wanted to plug the Solarize Okay very good. We'll go to the public, Mr. Allen?

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UnidentifiedUnidentified speaker 6Proposed1:37:24

Chair will have an email, members of the board we have seven requests. We're going to start in Santa Maria with Andy Caldwell followed by Dustin Rilich. Mr. Caldwell?

1:37 – 1:444 turns

UnidentifiedUnidentified speaker 12Proposed1:37:38

Chair Levine, members of the board, Andy Caldwell representing CoLab. Supervisor Williams you're way smarter than that question pretends because here's the point and you know this darn well this is out of your staff report. The difference between high credit card rates Vance pay on checks and things like that is PACE programs must be authorized by state and local governments.

That's the difference, you're authorizing it. Secondly, and this is just a killer to me. Your staff report says external third party operators are doing this, i.e., the private sector's doing this without the county having to go authorizing these things that are harming the poor. You know the bottom line here is you are participating in it, you're authorizing it and you are facilitating it by virtue of the fact that unlike other types of financing again read your own staff report.

PACE requires county administration, the liens are recorded by clerk recorder, assessments are added to property tax bill. And listen to this, repayment is collected via the County Property Tax Bill. I don't think you guys collect for payday lenders. I don't think you collect for credit card payers. That was one of the most disingenuous questions and complaints I've seen in a long, long time. There's a huge difference. Our suggestion put this thing out of its misery.

Put it out of its misery. This is another example of the law of unintended consequences. If something makes sense, the private sector is going to do it If it doesn't make sense, we can trust Sacramento is going to do it. There's no need for this county of Santa Barbara to prove how green they are and jump on the bandwagon with these experiments triggering the law of unintended consequences.

You know, the bottom line And get back to doing what county government's supposed to do. Keep the residents safe from floods and from fires, maintain our roads and our infrastructure, pay your bills, get back to the basics. Drop the activist agenda thing that's not working and is actually harming the people you claim to be helping. Thank you.

UnidentifiedUnidentified speaker 6Proposed1:40:40

Dustin Relich to be followed by Jason DeVries.

UnidentifiedUnidentified speaker 13Proposed1:40:49

Hello board, Dustin Reilich. I'm the Senior Director of Government Affairs for Renovate America. Thank you for having me here today. Quite the spirited debate here in Santa Barbara County and I know that we've gone through this in other cities locally and throughout the state. And what we've determined is I really need to kind of walk you back to why PACE was created. Property Assessed Clean Energy was created because one in six Americans will make some sort of upgrade at their home on an annualized basis. And when they make those decisions, three out of four of those projects that are energy efficiency type of projects, they choose something that is inefficient. So PACE was created and has been adopted in 34 states.

Within our union, and it's been made available on a voluntary basis so that homeowners can make good decisions. They can actually make energy efficient decisions for themselves. I want to walk you through a scenario and I sit in a seat just like yourself where I originally said well does everyone really need PACE? No they don't but it's an option as a homeowner.

In order to finance utilizing PACE, you must be a homeowner in good standing. No lates on your mortgage, no bankruptcies. Make sure that you have the ability to pay all of these different things come into play. I use PACE myself for energy efficiency at my home. I live in San Clemente, California. It's a very nice area. We have nice homes. We have good property values. But for me to go through a process of refinancing my first that's a lock at 3.875 did not make sense for me in order to do an energy efficiency upgrade. I did solar, I did HVAC upgrades because I couldn't get it below 76 degrees upstairs so I wanted to bring that down because my wife wanted to have air conditioning that worked more efficiently We actually did HVAC, we did insulation and we did solar.

I spent $42,000. This is my own personal experience. I had 17 cash that I wrote a check for. I financed 25,000 at 2.99% for five-year term through PACE, through the HERO program. I made that available for myself. Our rates start as low as 2.9% now which is a very good deal for the average consumer that doesn't have these options that are available. I know that you say that on average the rates here in Santa Barbara have been at 9%, but those are options that are chosen by people. I chose to go with a five-year term that's at 2.99%. If you go out to the long term rates, it can be 8.35% but it is a choice. I could've chose to have my solar financed over 25 years and I did not. I chose the fiscal conservative route of paying it off in five years and getting it paid off.

There's a long process that you go through, you make sure that you get approved. You make sure that you go through lots of checks and balances. I know you need to cut me off and there's others that will speak to this but I want you to know it's good for options for your homeowners to make options available like me. And I have homeowners here in Santa Barbara that would like to use this program. Thank you.

UnidentifiedUnidentified speaker 6Proposed1:44:11

Our next speaker is Jason DeVries be followed by Rebecca August

1:44 – 1:494 turns

UnidentifiedUnidentified speaker 14Proposed1:44:20

Good morning board. I'm CEO of Jason DeVries, CEO of Smart 72. We've been on the coast here for over 35 years and we've completed over 21,000 projects since PACE has been incepted. About 1800 of those projects have been completed with PACE There's a large discrepancy whether they put it on a credit card and choose to pay 30% or they go through Green Sky or Wells Fargo, all unsecured products. They're paying much higher rates as high as like 17.99%. They have to choose that typically we do heating air conditioning and solar. Typically it's an emergency situation. People don't call us out because they just think it's a great day to have their unit serviced.

It's not working. So they are in cold conditions, rainy weather and they need options and they have to make that decision usually within two hours so that's going back to this point this is an option we have it north of the river everywhere up to Monterey we service up to Morgan Hill we go down to Santa Barbara we go over to the valley So we see a lot of customers, a lot of different needs. There's tons that can write a check and that's great and there's a whole lot that need some options to help with these projects. So getting into offsets of you know do we want to do solar system now? Do we want to offset that? Do we want a more green option? Do I want to go to a 95% AFUE furnace Cut gas big time from what's burning. We see, we pulled a Chrysler furnace out of a home not too long ago.

Anybody even know Chrysler made furnaces? It was 1951 and you could imagine what their gas bill is. So that this is what we're looking at. This is what we're talking about. Why have we not approved this yet? This is crazy. So 140 something thousand projects, I've had zero complaints on 1800 projects. Zero. So you guys need to take a good hard look at that really think about it and let's make this an option because it doesn't get used a lot. It gets used when it's needed and consumer protection there's not a tougher product we deal with to make sure the consumer is aware of what's happening Period, and I've got a lot of experience in this.

So it really the phone calls, the double checks, the making sure they understand exactly what's going on. I love PACE. It's helping elderly people have recorded phone calls to make sure kids are getting involved, make sure trusted advisors are getting involved. That's all fact so thank you.

UnidentifiedUnidentified speaker 6Proposed1:47:17

Rebecca August in Santa Maria and we're going to come down to Santa Barbara for Andy Alexander.

CommentRebecca AugustProposedself-stated1:47:24

Good morning. My name is Rebecca August, I am Public Lands Advocate for Los Padres Forest Watch. We're a non-profit 501c3 located in Santa Barbara. We protect wildlife, wilderness and water on the Central Coast from the Los Angeles County to the Big Sur and then between the coast and the Inland Valley. So we support the establishment of a residential PACE program in Santa Barbara County because it would put us in line with dozens of other counties throughout the state.

PACE has recently been modified by the California State Legislature to allow homeowners to take out low interest rate loans And to help fund retrofits aimed at reducing structure flammability. This was especially written by Senator Jackson, to try to help with the issue of safety and fires in homes with wildfire. It's intended to help people to retrofit their homes who might not otherwise be able to get a loan to do so.

Such programs, this program is an important first step toward enabling fire safe retrofits on existing homes in the fire prone wild land urban interface. Wildfire scientists have long stated that retrofitting homes with fire-safe materials is critical to protecting life and property from wildfire in the WUI. We urge you to adopt a residential PACE program and to subsequently explore other steps the county can take to further facilitate fire safe retrofits of existing structures To discourage development in fire prone areas and to ensure that smart defensible space is created and maintained around at risk structures. Thank you.

UnidentifiedUnidentified speaker 6Proposed1:49:16

Thank you. Back to Senator for Andy Alexander to be followed by Jeremy Hutton

1:49 – 1:542 turns

CommentAndy AlexanderProposedself-stated1:49:25

Good afternoon, Chair Lavagnino and Supervisors. My name is Andy Alexander, immediate past president and chair of Santa Barbara Association of Realtors Government Relations Committee. Our association has been a strong supporter of energy efficiency of our housing stock but we don't support PACE because it puts homeowners at risk with a program that has many problems.

I believe you've received our letter which outlines multiple concerns which include transactional difficulties, transferability, subordination of the loans Cost and the instability of the PACE companies. Investors in PACE bonds are rethinking their portfolio and are divesting from residential PACE investments. In speaking with other associations of realtors throughout California and the nation, the National Consumer Law Center and reading multiple news articles from sources such as the LA Times and Wall Street Journal We have good authority to be concerned about the PACE programs. We urge you not to adopt PACE at this time and wait until the new legislation that has created regulations and oversight for this program are implemented and proven to work.

Until this program adheres to the same standards as other loans, we cannot support the program. And specifically I would say that your average realtor is probably thinking about... The two things they're going to think about are the super priority lien Thank you for taking these concerns under advisement.

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CommentJeremy HutmanProposedself-stated1:51:16

Hello Honorable Board of Supervisors, my name is Jeremy Hutman with Renew Financial. The CEO or the founder of our company actually invented PACE when he worked for local government in the city of Berkeley and PACE was specifically created for local government and to help homeowners throughout the state so I'm going to paint a little bit of a different picture of PACE it's been around for about 10 years now And it is by David Hochschild, CEC Commissioner's description the single most effective way for homeowners to improve their properties with energy upgrades in the history of the state of California through a loan program. So over the past ten years we've had remarkable results. We've helped close to 200,000 homeowners upgrade their properties.

This will lead to over $4 billion of utility savings over the lifetime of these measures. We're going to save about 10 billion gallons of water, create over 40,000 jobs and this will be the equivalent of taking 1.2 million cars off the road over a lifetime of measures. So PACE just had fantastic impact. One of the questions that came up was, is PACE held to a different standard? Should it be held to a different standard? The answer is absolutely yes because we are on the property taxes. It's not like other lending programs and PACE is the most regulated form of energy financing in the state of California. We have multiple layers and at the highest level We have the California Department of Business Oversight, which is the regulator for all banks, all credit unions, all mortgage lenders and now all PACE programs as well.

All PACE providers have to be licensed under the Department of Business Oversight. We also unlike any other type of lending program have to be approved by the county and the same way you all can opt into our program, you can opt out of our program if you're not happy with the performance. But I'd like to paint a different picture of how PACE is actually performing in the marketplace. One thing you can look at is delinquencies on properties, people who have this property tax.

PACE based on a DBRS credit rating agency report, PACE is actually outperforming the market. There are fewer delinquencies on properties with PACE than properties without PACE and there's a lot that the staff brought up they're not gonna be able to address everything But as far as interest rates go, PACE is actually right in the middle of what you'll find out there. The EMPOWER program starts at 5.99%, but actually goes up to 14.49%. So PACE is actually within range on the EMPOWER program. For FHFA, the issue with that is that if a property owner goes to sell their property they may have to pay off the assessment. We have that very clearly disclosed in the disclosures. We have stronger disclosures than the mortgage industry And a property owner has to actually initial on their disclosure that they understand they may have to pay off the assessment if they sell or refinance the property.

That's not a big deal, that just means PACE will function like existing HELOCs or home equity loans and that's already standard in the market and what people are used to. So what's important is that property owners know what they're getting into and our disclosure process makes sure that happens. I know I have a lot more to say so I would hope we can continue the discussion. I'm happy to come up and answer any additional questions. Thank you.

Katie Davis.

1:54 – 2:005 turns

UnidentifiedUnidentified speaker 15Proposed1:54:36

Hello, good morning Katie Davis I'm chair of the Santa Barbara Sierra Club and I have an article in front of me and the headline is Residential PACE Program expanded California residential solar market by 12%. And twelve percent is substantial that is a lot of jobs That is a lot of non-polluting energy that's out there as a result of PACE and having that as an option. And it's an option among many, and I think the interesting thing that this points out too is not everyone ends up going with PACE. They've made this so people may find out about it and then look at it and they make their own determination and maybe they find some other financing mechanism that works better for them and then they choose that. But having that available is just another Another entrance into the conversation that gets this going and gets these things happening.

And kind of continues this momentum that we need to see in California, and we are seeing as a result of this program. This has been extremely successful thus far so it seems like something that we should make available to people. Being predatory, this loan is one in which it immediately starts saving people money on their energy bills and so they can use that money to pay it off. So there's a tremendous benefit for people as well.

And I think that it was really interesting that Andy Caldwell brought up the county's Should be focused on preventing fires and floods and protecting people from fires and floods. Well, the thing that's causing the increase in fires and floods is this rapidly changing climate we have. And I know because I personally experienced it in July when a record breaking hot night and this fire came barreling down my street and I had to flee for my life and it was really terrifying. So I feel firsthand that a fire with that kind of heat and And wind could start anywhere. So the way that we protect our citizens from those increases in fires and intense bursts of rain that cause flood is by taking seriously, working to transition to a renewable energy future and this is just another mechanism to do that so thank you very much.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:56:52

Thank you.

UnidentifiedUnidentified speaker 6Proposed1:56:53

That concludes public comment.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.811:56:56

Alright does that supervisor Hart with his light on?

UnidentifiedUnidentified speaker 16Proposed1:57:00

Yes Mr. Chair, thank you very much. You know I think the challenge that PACE tries to address is changing the built environment that we already exist in. That is one of the most difficult things is to retrofit existing buildings both from the energy efficiency standpoint and now With Senator Jackson's legislation trying to do improvements to protect fire safety. We have an increasingly aggressive, sophisticated building code for new construction but we're in a community that doesn't do a lot of new construction. We have a built environment that is more than 90% of the buildings that we have in our community so having financing tools available for people to make these choices is a good thing.

It's critically important to have regulated products so that people are not in a situation where they're making uninformed or unsafe financial decisions, but there are many products out there that as Supervisor Williams mentioned have more negative consequences. Now that's not an argument to make, to do something that's not a good decision but I think the state has really acted aggressively in the last couple of years to put in the consumer protections that this program was missing in the first place and just by the sheer volume of loans that are being issued and the drop in that, I think that speaks to that. That takes away opportunities for people to do these improvements But there's a risk-reward tolerance level that each individual person has to make when they're making these kinds of financial decisions.

And they look at all the different products that are available to them, they look at the advantages of having these investments and the improvements in the energy savings and the cost savings that that represents to them, and they make a personal decision about those alternatives. Having the long-term financing tied to the property tax bill through a lien assessment is another tool. It extends the life of that benefit and increases or lowers the price to the consumers, and oftentimes the reductions in energy savings is going to equal that payment. So I think it's something that other communities around the state are taking advantage of. The numbers are very impressive. I'm As more loans are issued we can take that information into consideration and come back and reconsider this item.

We could have an annual update to get some information about the performance out there, what liens are being assessed. But I think on balance providing consumers with more choices in a regulated environment is a good thing for the residents of Santa Barbara County. particularly given that we want people to be making these kinds of improvements to improve energy efficiency because climate change is the primary issue facing our country at this point in the planet and we need to be more aggressive on making these kind of improvements and providing tools to make that happen.

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2:00 – 2:054 turns

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:00:19

Supervisor Williams?

UnidentifiedUnidentified speaker 5Proposed2:00:24

Well, I do think that there is. A good debate happening today. I do want to point out a beef on my part. I do resent my commitment to consumers being called into question by one of the first speakers. You know, I happen to have been the consumer protection legislator of the year or one of the years. I am very concerned about consumers but I use actual metrics and not sort of reputation and hype to determine my protection of consumers.

If you're looking at protecting consumers, the two most important things are interest rates and default rates. And PACE does pretty well when you're talking about that as the measurement. I understand those who philosophically have a problem with the superior position, but the superior position also helps create a situation where you have lower interest rates and so to me that can be a legitimate difference of opinion.

Consumer protection is measured by those two metrics, and if we're really going to hang our hat on consumer protection I think it would be foolish to forbid consumers access to this when on the basis of interest rate and default rates this product is pretty good. I doubt we're going to move forward today. I think most of us have all been on the record on this issue before, but I hope the debate then if you know maybe to prove my that The fact that I'm genuine on consumer protection, I would challenge CoLab to work together to advocate greater restrictions on payday lending because a lot more people are being taken advantage of in poor communities through some of the other unconventional products out there.

This community, we could do a lot better on retrofits and in particular energy efficiency retrofits. As Supervisor Hart points out that's the majority of our built environment. It is the thing that has been most difficult for policy makers both here and in our state capital to figure out how Make a better situation because consumers all the time are spending more on their energy bills than they really need to, right? That if people were purely rational and calculated their five-year costs based on doing retrofits versus doing nothing. There would be people going out everywhere to get loans or to pay with cash for energy retrofits. But they don't because people's lives are busy, because this is a statistic I don't know if it's proven but it is one-sided that the average consumer spends more time thinking about what brand of toilet paper to buy than they think about Whether they're spending the right amount on their energy bills, especially these days when most of us are paying online automatically.

People aren't even thinking about how much more they're spending on energy than they really need to be. So I hope that people will, if they're paying attention this debate at all, Lending products that people can use to reduce their overall energy costs, go out and do a retrofit or solar on their home. I'm paying less in energy because I did that. For the first couple years it meant that I spent more on upfront costs but after the first couple of years I made a lot more in savings and I hope a lot more people go out and do that. The Solarize program with CEC is one place, but it's – I lament that we don't at least allow access to PACE so there are folks going out there to find the kind of energy efficiency retrofits that make sense financially.

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ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:05:25

Thank you. Supervisor Hartman?

ElectedJoan HartmannSupervisorProposedvoiceprint 0.882:05:27

Thank you. I just wanted to have Ms. Watkins respond to what Ms. August raised, that is fire hardening is not included in what's before us. That would require a designation of a high fire prone area and coming back. Is that correct? Supervisor Hartman through the chair. Yes, that is correct Okay Thank you Let's see

2:06 – 2:1513 turns

UnidentifiedUnidentified speaker 5Proposed2:06:01

But if you wanted to include that in a motion we could go

ElectedJoan HartmannSupervisorProposedvoiceprint 0.882:06:04

there. This program, residential PACE has had a history of predatory lending and a history of problems. That's why we have the reforms. The reforms have gone into effect but we haven't really had an opportunity to see how they will work. I think in Santa Barbara County, we have a higher percentage of seniors. We have a lot of income inequality so the kinds of people people prey on, I think we have a higher percentage in our county.

I agree with my fellow supervisors in Santa Barbara that Global warming and retrofits are absolutely essential. And I disagree with the auditor's position that we shouldn't use government or property tax for anything other than a narrow government function. I would be willing to do it for something as dangerous to our world as global warming and retrofit. But I don't think we have enough information. I'd rather be cautious, I'm concerned about the kind of imprimatur that the county is giving by allowing this to be part of the property tax and so I would- and I really don't quite understand what the burden administratively on the county would be but for that administrative burden I want to make sure we're getting a clear benefit And so I would rather wait and see.

I disagree with Mr. Caldwell that we should just bury this, I'd like to wait for a year come back and include the fire aspect with it and so that would be where I'd like to go.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:07:56

Very good Supervisor Adam.

UnidentifiedUnidentified speaker 9Proposed2:08:03

I'm kind of at about three things. I wanted to do And I can't kind of make up my mind which one I guess I'll go with direct staff make a motion to direct staff to not pursue implementation of a residential PACE program further at this time You know, I just think that the argument about reducing home values and those property taxes Is is just powerful and the because that's that's where we get our money. We get 85% of our money from property taxes.

And if you get a reduction across the board in property taxes, then You're going to take a reduction in tax revenue and I don't think we can take that at this time. The other thing is the payday lending and the credit cards are not endorsed by the government, you know? You've got to go do that on your own so there's a distinction for me here and so I won't be supporting this.

Okay,

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:09:21

I have a few questions actually and I don't know who to direct these to. Why don't you come on up. So one is so vast, vast majority of the homes in Santa Barbara County are within city limits. So I understand, just kind of looking for the status of the other cities so Carp's out, Lompoc's in, Santa Barbara is in but they haven't done any projects?

UnidentifiedUnidentified speaker 13Proposed2:09:43

Yeah we actually our program was just actually approved in December in Santa Barbara and we have a fairly conservative bond council Best Best & Krieger so they go through a judicial validation process and thus we haven't gone live in Santa Barbara City yet. And then I know that I've gone before a commission in Goleta and they are considering it for this year.

And a lot of that has to do with the regulations that have changed this year, that have modified to make this a better product. And that's why cities like yourself or counties and your cities are starting to look at this to want to possibly move forward because they see all those protections are now in place. That were not previously in place and Department of Business Oversight is actually implementing and overseeing all that regulation wise.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:10:31

And where is the largest city in Santa Barbara County, Santa Maria?

UnidentifiedUnidentified speaker 13Proposed2:10:35

So Santa Maria at this point has not, I've spoken with staff there. They'd like to see homeowners come out that want the program before they actually move forward and it's kind of a catch 22. It's hard to get homeowners to come out when they don't know a product exists so it's like how do I get a homeowner to come? Say I want to use Pace, but they don't have Pace offered to them. So it's putting the cart before the horse which is a little difficult. I wish I had homeowners that would actually come out and do that but they don't know what Pace is so they can't go and advocate for something they don'y know about. Okay then another

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:11:11

question I have is why are Pace loans? Why did they take this senior position?

UnidentifiedUnidentified speaker 13Proposed2:11:18

Yeah, that's very simple. It's because it's on the property tax bill so it's not us taking a position of the priority. It's simply the property tax bill cannot be subordinated. The property tax bill your money cannot be subordinated and all we are is a line item on that tax bill just like some counties have trash collection on their vector control that are on there things of that nature. Do they ever foreclose on a property because of the fact that they didn't pay that portion of the bill? It doesn't happen. That's why we haven't had any foreclosures for PACE either and we've done over 122,000 assessments in California with not one single default that has foreclosed. All right thank you very much.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:12:00

So for me And I just want to talk to the people that are actually doing the work, and you've kind of been lumped in a little bit with predatory lending and payday loan guys. One of my most memorable events was The city of Santa Maria sent the Chamber of Commerce and a bunch of folks up to Sacramento to kind of see how Sacramento worked. And I had the opportunity to take them into a hearing, subcommittee hearing. It was Senator John Burton who was holding a hearing on payday loan and predatory lending. And we had to usher everybody out real quick because there were a few bombs being dropped by Senator Burton but it kinda showed how passionate he was about consumer protection.

But so I don't want to lump you in with those folks because I mean it is two different things. Thank you guys. You know, I don't want to throw you under the bus there but my job is also a fiduciary responsibility and the person I look to in the county is the auditor controller and when I have three audit controllers Back to Bob Geis, Theo Filotti and now Betsy Schaefer expressing concern.

And have cautioned against it which is very rare. We don't normally have them coming out telling us that they're worried about something. I would suggest for those that are for it you've got to go convince that person first before me. I know we do set policy and we direct staff. They are independently elected individuals by the county. And like I said, all three have cautioned against PACE. And for that reason, I'm going to be out of this mix. It sounds like it's probably going to come back at some point again.

So, we'll take another look at it then I guess. You had a motion though to not bring it back? Yes and I will second Supervisor Adams' motion to not move forward with residential PACE at this time. So we have a motion and a second. We'll take a roll call. And Supervisor Hartman, did you want to have other direction for staff or add to that? Okay.

UnidentifiedUnidentified speaker 5Proposed2:14:45

It might be a little... Can you repeat the motion? Does it include what Supervisor Hartman is asking for?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:14:51

Yeah this is a preliminary motion and I think Supervisor Hartman's going to add something to a future motion so this motion is simply to not pursue staff recommendation to not pursue at this time and as a first in a second So we will do a roll call at this point.

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2:15 – 3:3817 turns

UnidentifiedUnidentified speaker 6Proposed2:15:21

Mr. Lavinino?

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:15:22

Aye. Supervisor Hartman?

UnidentifiedUnidentified speaker 6Proposed2:15:24

Passed as agreed to.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:15:25

Okay, thank you.

ElectedJoan HartmannSupervisorProposedvoiceprint 0.882:15:26

So I would like a motion that directs staff to return in a year with an analysis of how well the reforms have worked in the areas in our county that have adopted or elsewhere and that we also include in that the fire hardening, how that would look in our county.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:15:46

Okay. Second. Does that have a second?

UnidentifiedUnidentified speaker 16Proposed2:15:50

Yes, I'll

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:15:51

second

UnidentifiedUnidentified speaker 16Proposed2:15:51

that.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:15:52

Okay? All right. So we will have a roll call on that then so this is to bring it back in a year with the review of how it's working in the county at the new protections and also to add fire hardening into the mix okay motion and seconded roll call please

UnidentifiedUnidentified speaker 6Proposed2:16:15

Mr. Williams I think that takes care of our departmental agenda. Mr. Gazzone, will you lead us

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:16:24

into

UnidentifiedUnidentified speaker 6Proposed2:16:26

closed session please?

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UnidentifiedUnidentified speaker 4Proposed2:16:38

Chair and supervisors, today in closed session the board is considered or agendized to consider five matters. First two matters of existing litigation. The first of which is Lillian Sokey a workers' compensation case. The second is Service Employees International Union Local 620 versus County of Santa Barbara, which is a case involving the Public Employment Relations Board.

Next is the board sitting as the Board of Directors of the Santa Barbara Fund for Public and Educational Access. That's a decision to initiate litigation followed by conference or labor negotiators for all bargaining units, unrepresented employees, managers and executives. As well as consideration of a public employee appointment for fire chief. And on the fire chief appointment, a change to the Brown Act that became effective in 2017 has me advising that the potential salary for this position is approximately $18,125 per month. And again, that change in the Brown Act became effective in 2017 and we've been making those announcements since then. My estimate is between one hour and an hour and a half for closed session.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.812:17:48

Okay thank you very much. What we'll do is we'll take a break right now also and before, let's meet for closed session at 1130 and we will adjourn to closed session. Thank you.

UnidentifiedUnidentified speaker 9Proposed2:18:42

Thank you for coming.

UnidentifiedUnidentified speaker 1Proposed2:19:18

Music playing you Music Hello everyone. ♪ Hello. The Hello. You. You. You. Thank you. You. Oh, You.

3:44 – 3:465 turns

UnidentifiedUnidentified speaker 6Proposed3:44:28

Chair Lavinino, we are all present in Santa Barbara.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.813:44:31

Okay Mr. Gazzani can you give us a report out of closed session please?

UnidentifiedUnidentified speaker 4Proposed3:44:36

Chair and Supervisors, today in closed session the Board considered two matters of existing litigation. The first was Lillian Sokey v. The County, a workers' compensation case. The second was a case involving the Public Employment Relations Board and Service Employees International Union Local 620. The next matter was sitting as the Board of Directors of the Santa Barbara Fund for Public and Educational Access which was a decision whether to initiate litigation.

There was also a conference with labor negotiators for all bargaining units on representative employees, managers, and executives And finally, the board considered a public employee appointment for Fire Chief and through a unanimous vote made an appointment of Fire Chief. I'll now go to CEO Miyasato for that announcement.

UnidentifiedUnidentified speaker 10Proposed3:45:19

Thank you Mr. Gazzone, I am pleased to announce that the Board today appointed Mark Hartwig as the next Fire Chief of the Santa Barbara County Fire Department. Since 2011, Chief Hartwig has led the San Bernardino County Fire District, a department of over 1,000 employees and 70 fire stations covering 10 incorporated cities and 60 unincorporated communities. In 2017, he was recognized as the California Fire Chief of the Year by the California State Fire Chiefs Association and was appointed by then Governor Brown to the California Commission on Emergency Medical Services on which he continues to serve. Chief Hartwig has developed expertise in his well-known estate for emergency medical service and most recently has been working closely with other California fire chiefs to help solidify county and local governments role in the delivery of effective emergency medical services.

I'd also like to recognize and thank our former Fire Chief Mike Dyer who has served as Interim Chief since the retirement of Chief Eric Peterson last fall. We appreciate his willingness to fill an important role, and thank you for his service. Thank him for his service.

ElectedSteve LavagninoSupervisorProposedvoiceprint 0.813:46:23

Alright, thank you very much. And if Chief Partwig, if you're watching on behalf of the Board of Supervisors welcome and we are anticipating your arrival. And with that, we will adjourn this meeting and head to Tuesday January 29th in Santa Barbara. Thank you.

3:48 – 3:481 turns

UnidentifiedUnidentified speaker 1Proposed3:48:34

you