reminder: leadership group meetings are confidential -...

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Reminder: Leadership Group meetings are confidential Working Council Thursday, Sept. 3, 2015 Santa Clara University Learning Commons Building, St. Clare Room 500 El Camino Real Santa Clara, CA 95053 PRELIMINARY DRAFT AGENDA 7:30 a.m. Coffee & Conversation 8:00 a.m. Call to Order & Meeting Confidentiality Reminder Welcome and Introductions Welcome to new Member Company Representatives Welcome and Introductions New Colleagues President's Report Game Changers 2016 @ Computer History Museum September 24 Fall DC Trip September 29 October 1 Applied Materials Silicon Valley Turkey Trot - Fairchild Semiconductor Fittest Firm Competition Red Tape into Red Carpet Deadline, September 30 Leadership Group Annual Strategy Conference @ LinkedIn October 14 Annual Public Policy Luncheon @ Santa Clara Convention Center October 30 Grid of the Future @ Hitachi Data Systems, November 12 Discussion / Action Items Leadership Group's Work Plan 2016-2018- Sustainable Path Forward Revenue Model Options Consent Items Approval of the Meeting Minutes: August 3, 2015 Working Council Meeting SBX1-12 (Runner) - CTC as independent entity- Committee Recommendation: Support SBX1-13 (Vidak) - Creates an Inspector General for Caltrans and the High Speed Rail Authority- Committee Recommendation: Support Guest Speakers (time certain) Speakers invited to discuss City of San Jose Rent Control/Stabilization (TBD) Action Items City of San Jose Rent Control/Stabilization - Committee Recommendation: Support SB 260 (Monning) - Consumer Protections for County Organized Health System Committee Recommendation: Support Potential 2016 Measure Status Update

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Reminder: Leadership Group meetings are confidential

Working Council

Thursday, Sept. 3, 2015 Santa Clara University

Learning Commons Building, St. Clare Room

500 El Camino Real

Santa Clara, CA 95053

PRELIMINARY DRAFT AGENDA

7:30 a.m. Coffee & Conversation

8:00 a.m. Call to Order & Meeting Confidentiality Reminder –

Welcome and Introductions

Welcome to new Member Company Representatives

Welcome and Introductions New Colleagues

President's Report

Game Changers 2016 @ Computer History Museum – September 24

Fall DC Trip – September 29 – October 1

Applied Materials Silicon Valley Turkey Trot - Fairchild Semiconductor Fittest Firm

Competition

Red Tape into Red Carpet – Deadline, September 30

Leadership Group Annual Strategy Conference @ LinkedIn – October 14

Annual Public Policy Luncheon @ Santa Clara Convention Center – October 30

Grid of the Future @ Hitachi Data Systems, November 12

Discussion / Action Items

Leadership Group's Work Plan 2016-2018- Sustainable Path Forward

Revenue Model Options

Consent Items

Approval of the Meeting Minutes: August 3, 2015 Working Council Meeting

SBX1-12 (Runner) - CTC as independent entity- Committee Recommendation: Support

SBX1-13 (Vidak) - Creates an Inspector General for Caltrans and the High Speed Rail

Authority- Committee Recommendation: Support

Guest Speakers (time certain)

Speakers invited to discuss City of San Jose Rent Control/Stabilization (TBD)

Action Items

City of San Jose Rent Control/Stabilization - Committee Recommendation: Support

SB 260 (Monning) - Consumer Protections for County Organized Health System –

Committee Recommendation: Support

Potential 2016 Measure Status Update

2015 Home Run Goal Updates 1-minute reports on top item in each portfolio area

Energy - Transportation Tax Policy -

Education - Government Relations Health –

Environment Housing & Land Use-

Community - Technology Policy -

10:15 a.m. Adjournment

Next Meeting: November 5, 2015 @ Santa Clara University

2015 Working Council Meeting Schedule

January 8

February 5

March 5

April 2

May 7

June 4

July 9

August 3

September 3

October 14 Strategy Conference*

November 5

December 3

* NOTE: Strategy Conference, October 14, 2015 @ LinkedIn in Sunnyvale

Working Council

Monday, August 3, 2015

3:30 p.m. - 5:15 p.m.

San Jose Giants Municipal Stadium

588 E. Alma Ave., San Jose, CA

Members Present:

Erin Brennock, Synopsys, Chair

Jeff Rangel, Brocade, Vice-Chair

Dana Rivera, Accela

Jason Lundgaard, Apple

Sara Broadbent, Avaya

David Kramer, Blach Construction

Gina Balestin, Bridgelux

Chris Schwarz, Canyon Snow Consulting

Anne Smart, ChargePoint

Mike Potter, Cisco

Mona Tierney-Lloyd, EnerNOC

Jennifer Chamberlain, Johnson Controls

Ashley Howell, Lockheed Martin Space Systems

Sherri Sager, Lucile Packard Children’s Hospital-Stanford

Allison Darin, Nexenta

Jessy Borges, PG&E

Mila Zelkha, Palantir

Jennifer Adams, Plantronics

Ron Gonzales, Presencia

Steven Shee, SanDisk

Stacy Gleixner, San Jose State University

Forrest Monroy, Seagate

Chris Roth, Silicon Valley Bank

Craig Robinson, Silicon Valley Bank

Carl Guardino, Silicon Valley Leadership Group

Francesca Wahl, SolarCity

Maya Biery, SunEdison

Erick Karlen, Sungevity, Inc.

Blair Swezey, SunPower

Susan Glick, SunRun

Janikke Klem, Technology Credit Union

Michelle Moskowitz, UC Berkeley

Jenelle Shapiro, Webcor Builders

Jim Pascoe, Western Digital Corp.

Jim Davis, Xovertime

Staff Present:

Casey Beyer Emily Lam Kristina Perlata

Brian Brennan Peter Leroe-Munoz Juan Quinones

Paul Escobar Tim McRae Sarah Qureshi

Alex Felton Judith Miranda Nancy Sanchez

Catharine Ingram Amanda Montez Eddie Truong

Grace Kay Zoe Mullendore

AGENDA

Erin Brennock called the meeting to order at 3:31 p.m. and reminded the group participants of

meeting discussion confidentiality so that people could speak candidly. Dan Orun welcomed

everyone to the San Jose Giants stadium. Self-introductions followed. Welcome to one new LR:

Mila Zelkha, Palantir.

President's Report

Education Summit @ Microsoft, August 28, 7:15am-12:00 p.m. “Innovation and Equity” The confirmed

panelists include Michael Kirst: President, California State Board of Education; Muhammed Chaudry:

President & CEO, Silicon Valley Education Foundation; Elizabeth Slavitt: Lead of Content and

Scaling, Khan Academy; Jay Banfield: Executive Director, Year UP Bay Area; Kimberly Bryant:

Founder, Black Girls Code; Matt Hammer: Executive Director, Innovate Public Schools. Clipboards

were passed. For more information contact Kristina Peralta, [email protected] or (408) 501-7864.

Game Changers 2016 @ Computer History Museum, September 24, 8:00am-12:00pm. Join us for 5th

annual Game Changers 2016 with featured speakers including Assembly Speaker Toni Atkins and

Assembly Republican Leader Kristin Olsen. They will be joined by business and civic leaders in

discussing solutions to the “3Ds” of Silicon Valley: Diversifying the STEM Pipeline, Disruptive

Technologies, and Drought – The Way Out. Early bird registration until August 16. Sponsorships

available. Clipboards were passed. For more information contact Catharine Ingram,

[email protected] or (408) 453-4753.

Annual Fall DC Advocacy Trip, Sept. 29-Oct. 1, Policy Priorities: Trans-Pacific Partnership, BART 2.0

and Caltrain Funding, Patent Litigation Reform, Immigration Reform, Business Tax Reform,

Cybersecurity and Science and Research Funding. Clipboards were passed. For more information

contact Grace Kay, [email protected] or (408) 501-7881.

Leadership Group Annual Strategy Conference, October 14 @ LinkedIn, Sunnyvale. Meet with

member company representatives to discuss strategy for the revolving three year work plan for

2016-2018. For information contact Brian Brennan, [email protected] or (408) 501-7864.

USPTO Regional Office Opening Celebration @ (tentatively SJ Airport) – October 15. Featuring an

Innovators Showcase of Tomorrow’s Technology Today. Be part of the celebration of our region’s

innovation and entrepreneurship. Clipboards were passed. For more information contact Emily

Lam, [email protected] or Catharine Ingram, [email protected] or (408) 453-4753.

Discussion/Action Item

Leadership Group Branding Survey Results (Information only) Carl Guardino explained the

Leadership Group Branding Survey Results potential 2016 Transportation Funding Measure Poll. The

Branding Survey results will be presented to the Q3 SVLG Board Meeting on September 10, 2015.

During the last transportation measure in 2008 the SVLG name was attacked and did not respond to

the attacks. This time SVLG would like to be prepared with the possible future 2016 transportation

measure approaching. We have initiated with 4 CMOs to serve for 1-3 meetings on a Leadership

Group “Public Perception Task Force.”

Leadership Group’s Sustainable Work Plan 2016-2018 – A Sustainable Path Forward – Strategically

reduced our Work Plan in past 120 days. It was completed at the Q2 Board Meeting on June 11.

The internal organization chart was reconfigured. The best internal structure to strengthen our team

and provide the best office culture possible to accomplish our goals was completed by July 1. The

Events Criteria Review objective: There should be a clear policy, project or relationship objective to

the event. Since certain events were eliminated from the work plan another revenue model was

proposed.

Brian Brennan explained the current revenue structure and the strategic realignment process. Two

different proposals were discussed including a “Tiered Membership Model and the second model

was a “Board-Focused Model.”

Action Items

SB 350 – (DeLeon) – The 50/5/50 Energy Proposal -- Mona Tierney-Lloyd reported the bill sets large

goals for 2030 in petroleum reduction, energy efficiency, and powering the grid with renewables.

The path to achieving those goals recently was fleshed out further in recent versions of the bill. The

legislature will take one last round of amendments in late August, then vote up or down on the bill at

the end of the session. Mona Tierney-Lloyd made the motion by the Energy committee to support

the bill if amended. Motion passed 21yes votes, 0 no vote and 8 abstention votes.

AB 793 - (Quirk) – Energy Management Technologies – Energy efficiency (EE) program

administrators advance EE goals through promotion and use of energy management tech. Jim

Davis made the recommendation by the Energy committee to support the bill. Motion passed by 21

yes votes, 0 no votes, 5 abstentions.

AB 1330 (Bloom) – Energy Efficiency Resource Standard Act – Jim Davis reported this bill will establish

an annual Energy Efficiency Standard. The top priority in driving energy savings and reducing

emissions. Jim Davis made the recommendation from the Energy committee to support the bill.

Motion passed with 20 yes votes, 1 no vote, 4 abstention votes.

AB 802 (Williams) – Public Utilities: Energy Efficiency Savings – Jim Davis reported this bill will allow

investor-owned electrical or gas utilities (IOUs) would be able to recover, in rates, the cost of

programs to bring a building up to legal code and to count all energy savings achieved toward the

corporation’s energy efficiency (EE) targets. Motion passed with 26 yes votes, 0 no votes, 2

abstention votes.

Homelessness 2015-2017 Housing & Land Use Work Plan – David Kramer reported the Leadership

Group did not receive the grant from the National Center on Employment and Homelessness that

we had applied for with our partners; Destination Home and Work2Future. The action

recommendation is to remove Homelessness from the current Work Plan and specifically including

advocacy of proposals designed to house homeless individuals in the next Work Plan. Motion made

by Craig Robinson passed 22 yes votes, 0 no votes, 1 abstention vote.

Consent Items

All of the consent items were approved with an amendment deleting the comment from Jeff

Rangel regarding the Homelessness box in the July 9, 2105 Working Council Meeting minutes.

Motion to pass by Mike Potter, Cisco, and seconded by Sherri Sager, Lucile Packard Children’s

Hospital, Stanford. Motion passed by voice vote, 0 no votes, 1 abstention.

Next Working Council Meeting Thursday, September 3, 2015 @ Santa Clara University, Learning

Commons Building, St. Clare Room, 500 El Camino Real, Santa Clara, CA 95053

Time of adjournment: 5:13 pm

DRAFT – 8/25/2015

DATE: 8/27/2015 FROM: Carl Guardino TO: Silicon Valley Leadership Group Board of Directors RE: Proposed Reduction in Number of Leadership Group Events

Summary: The Silicon Valley Leadership Group’s Board of Directors has over time encouraged the organization to be mindful of the number of events we do, out of consideration for their impacts on both member companies and Leadership Group staff. To enhance our public policy work and reduce the burden of event production on our team, the Leadership Group is proposing to eliminate 3 of its 13 major events in 2016, and to fill the resultant revenue gap with a contribution from members of our board of directors. Context: Over the last 20 years, the Silicon Valley Leadership Group has worked to diversify its funding sources, in order to move from a near total reliance on membership dues to a model that balances dues with revenue from events and miscellaneous programs and projects. In 2015, the Leadership Group produced 13 “signature events”, netting from them $1,110,000, or 28.5% of the Leadership Group’s 2015 $3.7M budget.i The balance of the organization’s revenue comes primarily from membership dues (63%), as well as some grants and revenue from smaller events and programs. Proposed Event Reduction: Following a review of the policy and revenue return on each of the Leadership Group’s signature events in 2015 (event list attached for reference), as well as the resources required to produce each, we are proposing to eliminate three events:

Transportation alternatives and auto technologies event

Workplace wellness event

Cybersecurity event

Rationale: The goals of our proposal are threefold:

To increase the public policy value that our members derive from our work, by reallocating staff resources from event planning/execution to direct public policy.

To reduce the number of sponsorship and event attendance asks of our members over the course of a year without increasing membership dues.

To make the pace of planning and executing events sustainable for Leadership Group staff and our members.

Filling the Revenue Gap – Alternatives: While we believe this reduction in the number of Leadership Group events is important for the reasons noted above, we do need to address the revenue gap that opens up as a result. Here we outline two potential courses of action: Recommendation: That we ask Members of our Board of Directors to purchase either an Annual Luncheon “Premium Pillar” Sponsorship ($11,000 – for companies with >$1B in revenues) or a “Premium Table” Sponsorship ($6,000 – for companies with <$1B in revenues). This would constitute an increase

in the expected level of luncheon support of $4,000 for Board members from larger companies and $2,100 for members from smaller companies.

Projected additional revenue: $117K-142K

Argument in favor:

Board members derive meaningful value from their board seats.

Resultant income is relatively predictable.

No additional staff time required.

Argument against:

The Leadership Group Board Members already make meaningful contributions to the organization, financial and otherwise.

There might be some Board attrition if the increased cost is beyond the comfort zone of some board members.

Alternative Approach: That we shift to a tiered membership model similar to other organizations, in which members might be “Silver”, “Gold”, or “Platinum” level members, with different costs and benefits associated with each level.

Projected additional revenue: Difficult to estimate, given number of variables involved

Argument in favor:

The new costs would be born entirely on an opt-in basis.

This model is familiar to many of our members.

Argument against:

Revenue yield is unclear.

Would require significant staff time to “sell” the new structure and benefits

2015 Silicon Valley Leadership Group “Signature Events” (with 2015 net event revenue):

1. Annual Luncheon - $500,000 2. CEO Business Climate Summit - $50,000 3. Cybersecurity - $50,000 (To drop in 2016) 4. Driving Charged - $40,000 (To drop in 2016) 5. Education Summit - $50,000 6. Energy & Sustainability - $75,000 7. Game Changers - $80,000 8. Grid of the Future - $65,000 9. Red Tape to Red Carpet - $50,000 10. Regional Economic Forum - $50,000 11. Workplace Wellness - $10,000 (To drop in 2016) 12. Young Men's Leadership Summit - $50,000 13. Young Women's Leadership Summit - $50,000

i Signature events, for these purposes, are large (>150 guests; >$50,000 net revenue

i), multifaceted (3+ hours in

duration; 3+panels) events that do not include Leadership Group process meetings (e.g. board meetings) or advocacy activities (e.g. trips to Washington/Sacramento).

DATE: August 25, 2015

TO: Working Council

FROM: Transportation Policy Committee (pending 9/2 committee meeting)

SUBJECT: SBx1-12 (Runner): California Transportation Commission.

ACTION

The Transportation Policy Committee (pending 9/2 meeting) recommends a support

position on SBx1-12 (Runner), which would make the California Transportation

Commission (CTC) an independent agency and transfer responsibility for the State

Highway Operations and Protection Program (SHOPP) from the state Department of

Transportation (Caltrans) to the CTC.

BACKGROUND

California State Transportation Agency (CalSTA) includes various departments and state

entities, including the Caltrans and the CTC.

SHOPP is a program of Caltrans to develop major capital projects necessary to preserve

and protect the state highway system, excluding projects that add new traffic lanes.

Caltrans is required to consult with the CTC to develop an asset management plan to

guide development of the SHOPP. To be specific, responsibilities of the CTC in the

SHOPP include:

a. Adopt related targets and performance measures that reflect state policy goals

and objective.

b. Review and approve the final asset management plan based on specific project

information provided by Caltrans, including the capital and support budget for

each project, the projected delivery date and quarterly reports of budget and

expenditures.

c. Adopt the SHOPP, or decline to adopt if it determines that the program is not

sufficiently consistent with the asset management plan.

This bill would:

1) Move the CTC out of CalSTA and make it an independent agency.

2) Maintain responsibility of Caltrans to prepare the SHOPP, including allocating funds

to capital outlay support for each project.

3) Maintain the existing law requirement for the CTC the review the SHOPP.

4) Provide that the CTC is not required to approve the program in its entirety, as

submitted by the department, and may approve or reject individual projects

programmed by Caltran.

5) Require Caltrans to submit any changes in the cost, scope, or schedule of a project

in the SHOPP to the CTC for approval prior to implementing the changes.

ANALYSIS

California spends more than three times the national average per mile on the road, but

the state highway system ranks 45th in the nation in overall performance and cost-

effectiveness. Besides, California faces an estimated shortfall of $59 billion over the next

10 years to adequately maintain and repair the state’s highway system. This bill tends to

spend existing highway funds appropriately and as efficiently as possible without

increasing taxes and fees to generate new revenues for the state’s transportation

infrastructure.

SBx1-12 brings more accountability and transparency to the delivery of transportation

projects by making the CTC an independent oversight role and giving it the power to

approve individual repair and maintenance projects. This bill will ensure that Caltrans is

putting its resources into the top priority projects and achieving its efficiency goals and

will give CTC the ability to ensure that states plans and priorities are implemented.

Prior to the establishment of CalSTA, the CTC was not under the purview of any agency.

CTC’s independence was diminished by incorporating the CTC into CalSTA. Even so,

CTC is reviewed as an independent voice in reviewing and approving the SHOPP and

act as an important agent for regional planning agencies and self-help counties to

appeal disagreements with Caltrans. This bill would once again make the CTC a stand-

alone entity.

SB 486 (DeSaulnier) approved in 2014 authorizes the CTC to “review and approve” the

SHOPP and provides that the CTC may decline to adopt the SHOPP if CTC determines

that it is not sufficiently consistent with the asset management plan. SBx1-12 would allow

CTC to simply reject individual projects in the SHOPP rather that turning down the entire

program, which would speed up the process by avoiding sending the SHOPP back to

Caltrans for revisions.

The Leadership Group supports policies that increases efficiency and accountability of

transportation programs and improves California’s transportation health. We ask the

Transportation Policy Committee to consider a support position on SBx1-12 (Runner).

SUPPORTERS

None received

OPPONENTS

Sierra Club California

DATE: August 25, 2015

TO: Working Council

FROM: Transportation Policy Committee (pending 9/2 meeting)

SUBJECT: SBx1-13 (Vidak): Office of the Transportation Inspector General

ACTION

The Transportation Policy Committee (pending 9/2 meeting) recommends a support

position on SBx1-13 (Vidak), which would create the Office of the Transportation

Inspector General (OTIG) in state government as an independent office, to ensure that

all state agencies expending state transportation funds are operating efficiently,

effectively, and in compliance with federal and state laws.

BACKGROUND

Department of Transportation (Caltrans), the High-Speed Rail Authority (HSRA), and

other transportation state agencies are tasked with spending billions of dollars every

year ($11.4 billion according to the Governor’s Budget of 2015-16), and it is important

that the transportation funds are being used efficiently.

This bill would create the Office of the Transportation Inspector General in state

government as an independent office and require the Governor to appoint the

Transportation Inspector General (TIG) to a six-year term, subject to Senate confirmation,

and would provide that the TIG may not be removed from office during the term

except for good cause. TIG’s responsibilities include, but not limited to:

a. Review policies, practices, and procedures, and conduct audits and investigations

of activities involving state transportation funds in consultation with all affected state

agencies.

b. Report annually to the Governor and Legislature with a summary of their findings,

investigations, and audits, including significant problems and recommendations.

c. Develop a methodology, in consultation with the Department of Finance, for

producing a workload budget to be used for annually adjusting the budget of the

OTIG. Funding for the office shall, to the extent possible, be from federal

transportation funds, with other necessary funding to be made available from the

State Highway Account and an account from which high-speed rail activities may

be funded.

ANALYSIS

There have been examples within Caltrans of waste, fraud, and inefficiencies. The

California State Auditor’s report of projects that completed construction in fiscal years

(FY) 2007-08 through 2009-10 indicated that 62% of the projects had support costs that

exceeded their respective budgets. This represented more than $305 million overruns of

the $1.4 billion in total support project budgets.

As an independent oversight role, OTIG will help to root our waste, improve

opportunities for efficiency, highlight best practices, and find opportunities to improve

funds allocations.

SB 878 introduced by Senator DeSaulnier in 2011 was vetoed by the Governor Brown.

The bill would have established an independent OTIG to oversee Caltrans, HSRA, and

all other state, regional, and local agencies expanding state transportation funds. The

Governor concerned that Caltrans and local transportation agencies are already

subject to performance review and fiscal audits and it would create a new costly state

office.

Senator Vidak believes that OTIG is different from the existing oversight options such as

the Legislative Analyst’s Office, the Department of Finance, and the Transportation

Committees of the Legislature. OTIG will be self-directed and will be authorized to

investigate and recommend solutions to problems of which the Legislature may not be

aware or which may be sensitive or controversial. Being focused solely on expenditures

of state transportation resources, OTIG should be able to delve deeper into problems

and propose more comprehensive solutions.

The Federal Inspector General has shown successful experience and significant return

on investment based on completed work over the last five years. Each year, there were

average of 45 indictments, 37 convictions and a total of almost $173 million in fines,

restitutions, and recoveries.

California has limited transportation funding. The funding we have must be used as

efficiently as possible. The Leadership Group supports policies that decrease waste and

increase efficiency of using transportation funds. We suggest a support position on SBx1-

13 (Vidak).

SUPPORTERS

Transportation California

OPPONENTS

Sierra Club California

DATE: September 3, 2015

TO: Working Council

FROM: Housing and Land Use Committee

SUBJECT: San Jose Rent Control/Stabilization Ordinance Alteration

Action: Support the Land Use and Housing Committee recommendation to advocate for changing the

current San Jose Apartment Rent Ordinance policy from 8% annual rent increases to a percentage that

would be no lower than 4% and no greater than 6% annually. This ordinance would only apply to the

approximately 40,000 apartment homes built before 1979 in the City of San Jose, not impacting new

developments.

Background: Currently, San Jose’s apartment rent ordinance sets rent increases at a ceiling of 8%

annually or 21% every 24 months in triplex (or larger) buildings built prior to 1979. Additionally, there

are standards of reasonableness to be applied to additional rent increases, for which San Jose has a list of

costs that can be passed through, including increases in operations and maintenance, rehabilitation, and

capital improvements. Certain debt service pass-throughs to tenants are also allowed for new owners. If

landlords decide to terminate a tenancy, they cannot raise the rent higher than what the prior tenant paid.

If the tenant leaves voluntarily or is evicted under certain circumstances, then landlords can increase the

rent to market rate. This ordinance covers approximately 40,000 apartment homes in the City of San Jose.

San Jose’s City Council will review the Apartment Rent Ordinance in late August or early September.

This review will give City Council Members the opportunity to alter the current control/stabilization

measures that impact these 40,000 homes.

Analysis: According to the Silicon Valley Competitiveness and Innovation Project, less than 25% of

individual workers and only 40% of households in San Jose, are able to afford to rent average-priced

homes in the region. In May 2015, average monthly rent in San Jose was $2,917 for a two bedroom

apartment. To rent an average two-bedroom apartment in Silicon Valley, an individual worker would

need to earn more than the 75th income percentile in the region ($105,000).

Recent polling by the Leadership Group in San Jose showed that 71% of likely voters support expanding

the rent ordinance to limit rent increases to 2% annually, while 21% oppose and 8% are uncertain.

The Leadership Group has traditionally focused on the supply side of housing by advocating for

increasing the number of homes as the way to keep homes affordable. However, we have also recognized

that solutions other than increasing supply are needed. For example, we championed inclusionary zoning

ordinances, recently validated by the California Supreme Court, that require market-rate housing

developers to set-aside apartments, land, and/or funding to subsidize homes for lower income people. We

also championed housing impact fees on market-rate apartment developments to fund cities’ affordable

housing trust programs.

The Housing and Land Use Committee recommends that San Jose’s apartment rental ordinance should be

altered to no lower than 4% and no greater than 6% annually and is an important issue because:

Workforce housing at all levels of affordability is increasingly difficult for employees to secure, and

employee retention is a concern in an economy where cost of living expenses can shift suddenly;

Reliable annual increases in rent can help families and children to maintain stable communities,

rather than transitory ones;

We respect landlords' investments and would not want to encourage the excessively prohibitive

restrictions set in some other jurisdictions; and

San Jose’s decision on this issue may influence neighboring cities’ decisions in the next year.

Date: August 17, 2015

TO: Working Council

FROM: Health Committee

SUBJECT: SB 260 (Monning) – County Organized Health System: Consumer Protections

Issue: SB 260 deletes the current licensing exemption and would require a County Organized

Health System (COHS) plan to be licensed by the Department of Managed Health Care (DMHC)

under the Knox-Keene Act.

Committee Recommendation: Support

Background: There are two main systems for the delivery of services to Medi-Cal beneficiaries:

fee-for-service (FFS) and Medi-Cal Managed Care (MCMC). MCMC is an organized system for

the delivery of medical services in which Department of Health Care Services (DHCS) contracts

with public and private managed care plans to provide health care coverage for Medi-Cal

beneficiaries.

As of April 2015, out of approximately 12 million total Medi-Cal beneficiaries, MCMC serves

approximately 9.4 million individuals throughout California's 58 counties. There are different

models of Medi-Cal managed care including COHS plans, which are created by the county board

of supervisors and serve all the Medi-Cal managed care consumers in the county. There are

currently six COHS plans operating in 22 counties, serving approximately 2.1 million Medi-Cal

beneficiaries:

CalOptima (Orange County)

CenCal Health (Santa Barbara and San Luis Obispo Counties)

Central California Alliance for Health (Santa Cruz, Monterey, Merced Counties)

Gold Coast Health Plan (Ventura County)

Health Plan of San Mateo (San Mateo County) – voluntarily licensed

Partnership Health Plan of California (Del Norte, Humboldt, Lake, Lassen, Marin,

Mendocino, Modoc, Napa, Shasta, Siskiyou, Solano, Sonoma, Trinity, and Yolo Counties)

While all other Medi-Cal managed care plans must be licensed with DMHC under the

Knox-Keene Act, COHS plans do not have to be licensed and are exempt. The COHS plans

instead enter into contract with the state, which encompasses many, but not all, Knox-Keene

protections.

Knox-Keene licensure provides a number of important consumer protections including:

Independent Medical Review (IMR): Allows a consumer in DMHC plans to appeal

denials of care to an independent panel of medical experts. Consumers in COHS plans

cannot access the IMR process and their only recourse is a state fair hearing before a

nonmedical Administrative Law Judge.

DMHC External Review: For issues outside IMR, such as whether a service is a

covered benefit, consumers in Knox-Keene licensed plans can appeal to DMHC, but

consumers in COHS plans do not have the right to this process.

Continuity of Care: Knox-Keene Act has protections for consumers with particular

health conditions to continue getting care from an out-of-network provider.

Network Adequacy: Knox-Keene licensed plans must publically ensure adequate

provider networks. Existing Medi-Cal contracts for COHS plans do not require this.

Analysis: Supporters of SB 260 argue that the more than two million Californians in COHS

plans deserve the same protections and regulatory oversight as other Medi-Cal beneficiaries.

Supporters of the measure also note that it will ensure greater equity across Medi-Cal managed

care plans by affording all consumer protections for COHS plan enrollees. Given that about 80%

of the more than 12 million Medi-Cal patients are enrolled in a managed care plan, supporters

assert, it is critical that there be sufficient oversight of these plans.

Four of the six COHS oppose SB 260 arguing that it will result in unnecessary, duplicative

regulatory and financial burdens on the COHS, which are already providing high-quality care to,

and maintaining high quality ratings among, Medi-Cal beneficiaries. Opponents also contend

that, by requiring COHS to pay fees for Knox-Keene Act licensure, SB 260 will reduce the

amount of funding they are able to spend on direct services to MCMC beneficiaries, including

transportation, podiatry, vision, and other supplemental non-Medi-Cal benefits currently

provided to Medi-Cal beneficiaries.

Financial Impact: There is currently no official analysis available, but plans licensed under the

Knox-Keene Act are required to pay fees to DMHC to support the costs and expenses associated

with their licensure and regulation, and also to support DMHC's Office of the Patient Advocate

(OPA) which assists and collects data from state health care consumer assistance call centers in

order to enable consumer to access services for which they are eligible. For the 2015-16 fiscal

year, full-service plans are required to pay $1.42 per covered life, plus $0.05 per covered life to

support OPA.

Status: SB 260 passed in the Assembly Health Committee on 7/15/15 and was referred to the

Assembly Appropriations Committee. A hearing is scheduled for 8/19/15.

Support:

Western Center on Law and Poverty (Sponsor)

Autism Deserves Equal Coverage Foundation

Autism Speaks

California Advocates for Nursing Home Reform

California Medical Association

California Rural Legal Assistance Foundation

Center for Autism and Related Disorders

Health Access

Justice in Aging

Legal Aid Society of Orange County

Legal Services of Northern California

National Health Law Program

Project Inform

Youth Law Center

Oppose:

CalOptima

CenCal Health

Gold Coast Health Plan

Partnership HealthPlan of California

August 27, 2015

TO: Working Council

FROM: Bena Chang, VP of Transportation

RE: Potential 2016 Transportation Funding Measure

ACTION: Provide feedback and direction on a potential 2016 ballot measure

Background: Since 1984, the Leadership Group has led or co-led regional efforts to

develop funding solutions to our most pressing transportation challenges. These include

measures that built Highway 85; improved Highways 101 and 237; funded key

improvements to Caltrain; improved all 8 county expressways; and started the BART to

Silicon Valley extension.

As the economy rebounds in Silicon Valley, there’s a need to collectively look for new

resources of funding for transportation. Raising local sources is a key part of the

equation.

Process: The Leadership Group and its Board of Directors took the first step towards

evaluating a potential transportation measure by placing it in our rolling 3-year Business

Plan in December 2013. Since that time, we began the conversation by engaging

regional and city transportation professionals, elected officials, employers and

stakeholders.

Stakeholders have been talking about whether or not to include affordable housing

improvements in the potential 2016 transportation measure. The Transportation and

Housing & Land Use Committees will be considering the policy and how to maximize

countywide funding for housing at their September 2nd and September 8th meetings

(respectively).

In the meantime, we are also going out into the field with a public opinion survey to test

whether taxpayers and voters would support a combination of transportation and

affordable housing improvements. We will share the survey findings at the September

3rd Working Council and September 10th Board of Directors meetings.