Agenda
Transcript
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[0:20]
Thank you for joining us. We're going to give it
[0:22]
about a minute for folks to just settle down. We
[0:26]
are going to get started. Thank you.
[0:51]
I'm hearing in parents, so I wanted to see if
[0:53]
we might be able to get the volume turned up
[0:54]
a little bit. Please. Thank you for making that request,
[1:03]
Dr. Audi. Is that possible? I can hear it. Can
[1:06]
you hear now. Yeah. OK, perfect. Thank you. And it
[1:11]
is a reminder that we should, when we speak, try
[1:15]
to speak a little bit slowly for if we have
[1:17]
any translators or folks that are hearing impaired. Thank you.
[1:38]
Ok, let's get started. Happy Friday to everyone and thank
[1:43]
you for joining us for this important task force, meaning
[1:47]
of the South County Higher Education planning task force. This
[1:52]
is our second meeting, and we have quite an agenda
[1:57]
this morning. Just to kind of orient everyone before we
[2:00]
do roll call. The task force discussion today is pretty
[2:05]
substantive. Today, we turn to one of the most consequential
[2:09]
questions before this task force. The governance choices that will
[2:14]
shape how the university district at Trulvista moves from planning
[2:20]
toward formation and operation. And as the materials themselves recognize
[2:25]
today is a starting point rather than a final word
[2:28]
on governance. Unless there is strong consensus among the task
[2:33]
force that we are ready to move forward with a
[2:37]
recommendation or recommendations. But our goal is to understand the
[2:42]
choices before us, identify the principles that should guide our
[2:46]
evaluation, provide direction on the approaches that warrant further development,
[2:53]
and distinguish between areas of emerging agreement and questions that
[2:58]
may require additional analysis before the task force makes recommendations
[3:02]
to the legislature. I will try to manage this discussion,
[3:09]
but I want members to feel open and with curiosity
[3:14]
with a sense of purpose of this meeting. And so
[3:19]
looking forward to all of everyone's perspectives in this meeting
[3:25]
today. And so with that, I'm going to request, roll
[3:29]
call to be called, thank you. Yes, member Aguirre. Present.
[3:35]
Member Allen. Present. Member on Guyano. Member Aronsed Bia.
[3:49]
I'm sorry. President. Member in Carnesian. Present. Member Falcon. Present.
[4:01]
Remember grave. Member Jones. Present.
[4:12]
Memberedesma. Present. Member Malcolm.
[4:23]
Remember more? Present. I understand member Sanchez's absent. And member
[4:29]
tongue. Present.
[4:38]
Okay. Thank you very much. Before we get to public
[4:43]
comment, let's move forward with an approval of the May
[4:47]
1st minutes, which is found in our consent calendar. May
[4:52]
I actually, do we have public comment first on that
[4:54]
item. None? Okay. If there are any questions or comments
[5:02]
from the dais or a motion, I'll take that now.
[5:07]
Motion to approve. Okay. Motion made by member, Allen, second
[5:11]
bye. Membered on CBA. All in favor. Aye. Aye. Any
[5:18]
opposed? Aye. Thank you. Any abstentions. Okay. The minutes from
[5:25]
May 1. Meeting are approved. Before we move forward, we
[5:30]
have one speaker slip for public comment. And I'd like
[5:35]
to invite Orlando, he sent it to come up to
[5:37]
the podium. To make your comment. Thanks for being here.
[5:51]
Good morning task force members. My name is Orlando. I'm
[5:55]
the student trustee at Southwestern College. And I'm here in
[5:59]
full support. And on behalf of all the students that
[6:02]
I represent, thank you. I've been volunteering alongside Marlene since
[6:07]
May. So I've seen firsthand just how much work you
[6:10]
guys are putting in to get this university bill. But
[6:13]
to ensure that this is an absolute success. We have
[6:16]
to talk about who actually runs it. When these multi
[6:21]
agency districts are built, the board seats are naturally go
[6:24]
to city council members, mayors and university administrators. And if
[6:30]
a student is included at all, it almost always defaults
[6:33]
to a non - voting advisory vote. And as you
[6:38]
draft your final recommendations, my strongest request today is that
[6:43]
you include a permanent voting student trustee on the UDCV
[6:49]
governing board. I see the value of a student vote
[6:52]
firsthand at Southwestern College. And a board of officials is
[6:58]
powerful. A board with a student vote is tied to
[7:01]
the reality of the students. We are the ones who
[7:05]
will actually live with the decisions that you guys make.
[7:11]
And we know exactly what resources and support systems our
[7:15]
classmates need to graduate. And while you're designing this university
[7:20]
to keep the local talential Avista, guarantee a permanent student
[7:25]
vote in your governance structure and let us help you
[7:28]
build the university that truly serves South County. Thank you.
[7:36]
Thank you for your perspective and for being here. All
[7:41]
right, next item update on the task force activities. Do
[7:46]
we ever speaker? Yes. Ms. Garcia. Thank you. Good morning
[7:54]
task force members chair Falcon. This is indeed an important
[7:59]
discussion. It's our second meeting of four meetings. And so
[8:03]
we, you have noted that the agenda is chock full
[8:06]
of information. And there is a lot you'll be considering.
[8:11]
Governance, as mentioned by the chair is in fact probably
[8:14]
one of the more complex and significant issues you'll be
[8:18]
addressing because it really sets the foundation for the long
[8:21]
- term planning. Well, also thinking about where we are
[8:24]
today and how we take that first step. So it's
[8:26]
really important, the deliberations and the materials that you have
[8:30]
been absorbing in preparation for this discussion. I want to
[8:35]
recognize that the staff have scanned national models and looked
[8:39]
at California models. And there is no other entity that
[8:43]
is attempting to do what we're trying to do. So
[8:46]
we are doing something truly exceptional, unique. And certainly important
[8:50]
for this community. So thank you. Since our last meeting
[8:54]
though, we have been working very hard on other activities
[8:58]
related to the three task force pillars of land use
[9:02]
governance and finance. And I'm just want to kind of
[9:06]
give you a quick update on where we're having conversations
[9:09]
and where we're making inroads. Um, the first one is
[9:12]
binational roundtable. We are privileged to have been able to
[9:18]
meet with binational higher education experts, have lots of conversations
[9:23]
of trying to understand the question of what does it
[9:25]
really mean to have a university with a binational dimension
[9:30]
by design. And that really is the key, that it's
[9:33]
actually envisioned as part of the structure in the system.
[9:37]
So you'll be hearing today from representatives from that group.
[9:41]
And there were 20 plus individuals who met with us
[9:43]
and gave their thoughts and really gave a lot of
[9:45]
thought to how we designed something together. The second update
[9:50]
is of community forum we held on July 25th. This,
[9:54]
we had no idea how the community was going to
[9:56]
respond, but we were just so pleased that 60 plus
[9:59]
people showed up for the community meeting. And they were
[10:03]
genuine community people who are excited. And enthusiastic about this
[10:08]
university. And as I was reading through their comments, many
[10:11]
of them left comments, um, they were all saying things
[10:14]
like we're so excited about this happening in our community.
[10:18]
How can I help? How can I be more engaged?
[10:20]
I want to know more about this. So we've really
[10:23]
are trying to build a community outreach effort that can
[10:28]
engage community their thoughts, their ideas, because they had a
[10:31]
lot of great ideas that they surfaced at the, uh,
[10:34]
at the forum. But the highlight of the form was
[10:37]
the students. We had a student panel. And the students
[10:40]
really brought it all home. They talked about what it's
[10:43]
like in the South Bay and in the Baja Gali,
[10:47]
the Calibaja area trying to get a degree and education.
[10:51]
They said things like, I spent hours on the bus
[10:54]
just to get to class. I crossed the border every
[10:57]
day so I can earn my degree. I need to
[11:00]
stay close to home because my family needs me. These
[11:03]
are real heartfelt feelings that the students bring with them.
[11:07]
And they are so excited about having a university that
[11:10]
is within close proximity to their families and to their
[11:14]
homes and to their work. Because of the importance of
[11:20]
community engagement, it is established, it is actually a provision
[11:23]
within AB 662 to engage the community. We're trying to
[11:28]
define what that looks like. And I'm really pleased to
[11:30]
announce that, uh, we've been talking to a lot of
[11:33]
philanthropic entities, but we recently received a pledge from the
[11:37]
James Irvine Foundation that they're going to give us 50,
[11:40]
000 dollars to engage in some community outreach now as
[11:44]
soon as possible to build on the work of a
[11:47]
task force. Because the number one issue we're hearing is
[11:51]
awareness. We need to get the word out. So more
[11:53]
people understand the incredible work that's being done here in
[11:57]
Chula Vista. So the more to come on that. And
[12:00]
I really want to thank you to the Irvine Foundation
[12:04]
and to college futures. The other philanthropic organization that has
[12:07]
contributed and is continuing to contribute to, um, consultant support
[12:12]
to help us with these very challenging and important issues.
[12:17]
The last thing is that I'd like to mention is
[12:20]
we are also reaching out to the business community because
[12:23]
after all this institution is going to be designing academic
[12:27]
programs that are career - lined, that there produced jobs
[12:31]
at the end for our students. So we have to
[12:33]
be communicating closely with the business community. So working with
[12:37]
the city's economic development, director and others were scheduling a
[12:43]
couple of business meetings to come in the next month.
[12:46]
One is going to be a luncheon here in Chula
[12:48]
Vista with co - hosting it with the Chula Vista
[12:52]
City, the Chula Vista Chamber of Commerce. And we'll be
[12:56]
giving an update on the task force and also the
[12:59]
vision behind the university district at Chula Vista. You'll all
[13:03]
be invited if you're available and interested. And it'll be
[13:06]
an important discussion to hear from local business entities. Um,
[13:10]
we are also planning another business roundtable discussion with San
[13:15]
Diego business leaders at large economic development leaders at large.
[13:19]
We are still firming up the last details, but you'll
[13:22]
be hearing more about that. But I think that most
[13:24]
important thing is that we hear these perspectives that we
[13:28]
get out beyond and understand how this, what we're creating
[13:32]
is bigger than just a university. It is an economic
[13:36]
development opportunity that helps people connect people to jobs, but
[13:40]
also increases, um, local prosperity and opens access to higher
[13:46]
education. We are doing everything we can to hear those
[13:50]
comments, to bring it to you and to certainly to
[13:53]
reflect that in the final report. The business community will
[13:57]
have two representatives that it sends to your November meeting
[13:59]
when you are talking about finance and to talk about
[14:03]
their perspective and their suggestions for what you might want
[14:06]
to consider to intentionally build a connection with workforce, um,
[14:12]
from the beginning. So that's my report. And we're really
[14:16]
excited about, uh, what you're all going to discuss today
[14:20]
and the commitment you've all, um, demonstrated and being part
[14:23]
of this effort. So thank you very much. I'm happy
[14:25]
to answer questions. Thank you, Marlene. And first of all,
[14:30]
before I open it up to questions and comments, I
[14:33]
just want to thank you, um, and the city staff
[14:36]
and your fellow consultant team, um, for all the substantive
[14:39]
preparation and all the work that you've done in the
[14:43]
interim between the first and second meeting and really reframing
[14:48]
the work that that's been done and the vision work
[14:52]
as well as, um, the very successful community form that
[14:57]
took place very recently. So thank you. Any questions or
[15:01]
comments from the dais on, Marlene's presentation. Okay. Thank you.
[15:08]
I'd like to now call up Marty Alvarado of Sova.
[15:15]
And Marty will be providing us an update on the
[15:18]
vision framework. So and then following that will be Adriana
[15:22]
Rolf. Good morning. Uh, good morning. Uh, thank you for
[15:32]
letting me join you this morning. I am here to
[15:35]
provide a very brief update on the vision mission defining
[15:40]
characteristics document. Uh, as you may recall at our last
[15:43]
meeting, we introduced a draft, uh, prototype of the vision,
[15:49]
mission, defining framework document. Uh, the intent was to introduce
[15:52]
the content, solicit feedback, provide time for reflection. There was
[15:56]
a feedback form that was provided where we gathered all
[15:59]
of your, um, perspective and recommended edits and acknowledgments of
[16:05]
the content. Thank you to everyone who participated and to
[16:08]
the really robust feedback. Really appreciate it. Um, as a
[16:12]
result of that feedback, we have gone through and made
[16:14]
refinements of the document, uh, and the content. Some of
[16:18]
it was minor, minor word changes, language changes, but we
[16:22]
wanted to bring back to, uh, the group four, if
[16:27]
you will, four distinct highlights. Just to call your attention
[16:30]
to some of the more substantive changes. First, we really
[16:33]
went through and tried to, um, sure that we were
[16:36]
explicit about the nature of expectation for collaboration. This was
[16:40]
a key point of feedback from members that they wanted
[16:43]
it to be clear that this is not just, uh,
[16:45]
every man for himself, uh, at the site, but very
[16:48]
much, uh, coalition of the willing who want to engage
[16:52]
in joint partnership and really have a vested interest in
[16:55]
the endeavor. We also clarified the adaptive, excuse me, additive,
[17:00]
not competing. And so really trying to make explicit that
[17:03]
this was intended to be something that was added to
[17:06]
California's higher education ecosystem, not designed to compete with our
[17:10]
existing institutions across the region. We also made sure that
[17:15]
we were here making explicit the adaptive and accountable, that
[17:21]
the expectation for the endeavor was that it was going
[17:24]
to continue to evolve, uh, be adaptive, uh, make explicit
[17:28]
the use of technology AI and different resources so that
[17:31]
the enterprise was responsive to the changing landscape impacting higher
[17:36]
education. And then lastly, we tried to clarify some language,
[17:41]
really holding onto the concept of a learning society and
[17:44]
a learning sector that is rooted in the research. But
[17:47]
really, uh, bringing back language that is much more familiar
[17:50]
in terms of lifelong learning infrastructure. Because what we are
[17:53]
talking about is an enterprise that is serving the community,
[17:56]
uh, at any stage of their educational journey. And so
[18:00]
really, uh, really leaning into lifelong learning infrastructure language and
[18:04]
the ecosystem of partnership language. Uh, so those were the
[18:08]
four big substantive changes, if you will. Again, very minor,
[18:13]
uh, really grateful for all of the thoughtful feedback, uh,
[18:16]
that really, um, reinforced the members'commitment to the transformative and
[18:21]
sort of future forward orientation of the vision mission and
[18:25]
defining characteristics document. Any questions. Do you have a question
[18:35]
from Dr. Enkartasian? Thank you, Chair. I have one question
[18:38]
that doesn't have to be answered today because I think
[18:40]
we are short on time. But something to think about
[18:41]
moving forward, um, the additive by design is very familiar
[18:47]
to us at the University Center as we embark on
[18:51]
partnerships and collaborations with our university partners. And it's, it's
[18:55]
truly, um, important when you're collaborating, um, I think it
[19:01]
would be really good to go back. And I'd be
[19:03]
curious what the city thinks about additive by design in
[19:07]
this location city land. I know that there has been
[19:13]
really a focus on being able to recruit universities and
[19:18]
not being boxed into what universities you recruit over the
[19:22]
decades, additive by design. We have a community college. We
[19:28]
have adult schools. We have private and public universities all
[19:32]
in this region. If we are going to add to
[19:34]
it and not duplicate, that means we can't recruit any
[19:38]
universities. Um, because we have all of the programs we
[19:42]
have certificate. We have community - based learning. We have
[19:47]
credit for prior learning. We have research institutions. So more
[19:53]
maybe diving in with the city too and what it
[19:55]
means to them and their recruitment efforts because of economic
[19:59]
development. So again, doesn't have to be answered today, but
[20:02]
maybe like really looking at that additive by design and
[20:07]
non - duplication and non - competing. What does that
[20:10]
mean in terms of economic development, business recruitment, business development
[20:16]
and really integrating a robust ecosystem of higher education that
[20:21]
also integrates with economic development? Right. Love it. Um, no,
[20:26]
no answer to that, if you will. But I think
[20:28]
it's valuable to note that when we're thinking about additive
[20:33]
by design and really valuable for the conversation to come
[20:36]
around governance is non - competition is also not the
[20:40]
same as non - additive, right? And so I think
[20:43]
it's really thinking about the population that needs to be
[20:45]
served in the region and how does this endeavor create
[20:49]
an additive environment for the individuals in the region who
[20:53]
are currently underserved, right? As a population. And so I
[20:56]
think that that'll be an important sort of framing to
[20:59]
wrestle with as you all get into the governance content.
[21:02]
But thank you for that feedback. Definitely making a note
[21:04]
of it. Great. Thank you. Um, any other comments or
[21:10]
questions from members. Okay. Thank you for your comments and
[21:18]
for your response. Yes. Dr. out on sevia. I want
[21:23]
to circle back to Ms. Garcia's points. Yeah. I think
[21:28]
your mic is not on. Is it out now? There
[21:32]
you go. Okay. I want to circle back to the
[21:34]
points that, uh, Marlene gave me about awareness. I think
[21:41]
that needs to be somewhat circled back here. Cause I
[21:44]
think this is one of the things that within division
[21:47]
framework, I think needs to be kind of put out
[21:50]
there. It seems to me that, um. Again, it's like,
[21:55]
this is one of the things about nuts and bolts
[21:56]
and putting the cart before the horse. I think the
[21:59]
awareness part of this and being able to have that
[22:01]
as part of the vision to make sure that the
[22:05]
students know that we're exploring options for this kind of,
[22:08]
uh, access for the folks that aren't used to having
[22:12]
access. Does that make sense? I mean, I hope that
[22:17]
the awareness component needs to be also engaged, I think,
[22:21]
if that makes sense. That's not just even the clarifying
[22:24]
question on that one. By awareness, are we thinking communication
[22:28]
outreach marketing, all of those pieces? Yeah, it's also a
[22:32]
self - fulfilling prophecy, right? In the sense that the.
[22:35]
One of the things I keep hearing is the cost.
[22:38]
The cost, the cost, the locale affects cost. And then,
[22:43]
I mean, I have kid in college. Cost is expensive,
[22:45]
you know, so it's kind of like, how are we
[22:48]
communicating and providing awareness that this will reduce the cost.
[22:53]
For students? And how involve access. I think that's, that's
[22:56]
one of the things I think might be just an
[22:59]
important thing to kind of consider. This is so good.
[23:01]
And let me test a little bit. I started to
[23:02]
take up a little bit more time, but I think
[23:04]
this is such a important point. These two points together
[23:07]
because what we're, what it sounds like we're talking about
[23:09]
is making sure that we're being clear that this is
[23:11]
going to be a different kind of benefit to individuals
[23:14]
who come to this by reducing costs, by creating different
[23:17]
opportunities by making sure that this is something additive, uh,
[23:23]
and, uh, sort of a different experience that creates a
[23:26]
different access point. Is that a fair? That's absolutely what
[23:30]
I want. This is so good. We will definitely go
[23:31]
back. And this I think is a really good, uh,
[23:34]
example or illustration of the desired process that we're taking
[23:37]
in the feedback, trying to wrestle through it and, uh,
[23:41]
we'll keep bringing it back to you as we continue
[23:42]
to refine it. But thank you. Great. Yes. Dr. Encarnacion.
[23:48]
Only fix I want to add to that. You just
[23:49]
made me want to add to that. Sorry. I also
[23:52]
think that additive is not, um, just saying duplication. Additive
[23:58]
could be, and this will segue us into this governance,
[24:01]
I promise. Additive could be, um, not necessarily creating a
[24:06]
ceiling of just workforce development, just lifelong learning in terms
[24:11]
of creating opportunities for, um, working adults. It's still absolutely
[24:16]
could be what the city also has talked about is
[24:20]
high research universities, but creating that additive value, which is
[24:26]
access and affordability and ensuring the governance structure, um, requires,
[24:33]
um, for this entity, whatever it ends up being, um,
[24:36]
requires for the universities they recruit to work in some
[24:40]
policies that require access and affordability for our local students.
[24:46]
Love it. Thank you. Great discussion. Um, any other comments.
[24:56]
Um, yeah, so when I'm, what I'm hearing from the
[24:58]
both of you, uh, from member on CBN and member
[25:02]
in Carnacion is ensuring that, you know, that we continue
[25:06]
to iterate this work on vision, um, and ensuring that,
[25:12]
you know, we're grounded in common priorities, which I'm hearing
[25:19]
is access particularly to folks in our binational region as
[25:27]
well as, you know, ensuring that we are open to
[25:31]
inviting potential, um, institutions, um, have a conversation about potentially
[25:40]
locating, um, or having a presence in this site is
[25:45]
what I'm hearing. Correct. Okay. Great. Well, thank you. Um.
[25:52]
Next, I think is Adriana. This item before you is
[26:02]
a quick overview of the presentation you heard at your
[26:06]
last meeting. Regarding the site regarding the university district site
[26:11]
and infrastructure requirements, particularly as it relates to the initial
[26:15]
phase of development. Um, you've already heard that in 2018,
[26:20]
the city successfully entitled the University District site and completed
[26:23]
all the environmental clearances for approximately four million square feet
[26:27]
of academic space. 1. 6 million square feet of student
[26:30]
faculty and staff housing, two million square feet of market
[26:34]
rate residential and tumuling square feet of innovation uses. That
[26:39]
lays a foundation, that means the foundation has already been
[26:42]
laid allowing us to focus on attracting the educational institutions
[26:46]
and innovation partners that will bring this project this vision
[26:51]
to life. You also heard from Carrier Johnson, the firm
[26:57]
retained by the city to prepare master plan for the
[26:59]
first 35 acres of the university district site. As the
[27:03]
initial phase of development. The first phase envisions of vibrant
[27:08]
mixed use campus anchored by a student union approximately one
[27:11]
million square feet of academic research and innovation space. Uh,
[27:15]
2, 700 parking spaces, 10 acres of open space and
[27:20]
a central services facility. This slide illustrates the phasing strategy
[27:26]
that was discussed, which is designed to provide flexibility as
[27:29]
development progresses and institutional and industry partners begin to establish
[27:33]
a presence on site. As part of the master planning
[27:42]
effort, consultants developed a rough order of magnitude, construction, costs,
[27:46]
estimate as well. Including the necessary infrastructure. The estimated cost
[27:51]
to complete all phases of the initial project is approximately
[27:55]
2. 17 billion. And that is just a wrap up
[27:59]
an overview of what you heard at your last meeting,
[28:01]
but I wanted to refresh that, um, for new members.
[28:06]
And without that, we'll transition to the next agenda item.
[28:10]
But I'm available for any questions. Thank you, Andre. Any
[28:16]
questions or comments from members. Yes, member Malcolm. Welcome, by
[28:23]
the way. Send us, uh, digitally all those of that
[28:27]
information that was sent. To each of the members, please.
[28:31]
Yes, absolutely. Thank you. All right. Thank you. And the
[28:36]
other questions or comments from members. Okay. Thank you very
[28:41]
much. Okay. Moving on to the meat of today's meeting
[28:47]
is the background on governance structural considerations. And I'd like
[28:53]
to invite, is it Marty Alvarado again. Yeah, okay, great.
[29:01]
I'm going to be very quick. And we're going to
[29:04]
dig into this more in a future item. But as
[29:07]
we have been preparing, the governance recommendations for the members
[29:12]
to review. What we wanted to make sure we were
[29:15]
doing is introducing an organizational maturity framework in a way
[29:19]
that can help us locate some of the things that
[29:22]
maybe top of mind for members, uh, and where it
[29:25]
might be most appropriate for us to think about when
[29:27]
those questions or items may come up over the course
[29:31]
of the evolution of the organization. And so you have
[29:35]
in your materials and organizational framework that really places our
[29:40]
endeavor right now at the concept stage. And really then
[29:43]
beginning to transition into the formation stage. Again, we're going
[29:47]
to get into this more, uh, in just a moment,
[29:50]
uh, in a next item. But we wanted to introduce
[29:54]
as you go into hearing the conversation and the presentations
[29:57]
around the different governance vehicles, keeping in mind that currently
[30:02]
this endeavor is at the concept stage. And we will
[30:04]
be moving into a formation stage. And so we are
[30:07]
thinking about governance relative to what sort of emerging governance
[30:11]
structures are necessary as we move from an idea into
[30:15]
an actual formation. We are not at the mature. We
[30:18]
are not at the fully operational, et cetera. We are
[30:21]
really just trying to stand it up. And so just
[30:23]
wanted to, um, make sure that we are continually reinforcing
[30:26]
that as we think about the different structures and recommendations
[30:30]
needed. Thank you. Any questions or comments just on the
[30:38]
process that was laid out by Ms. Albrado. I do
[30:43]
have a question. When you're, when you say you're going
[30:47]
to concept to formation, can you kind of dig a
[30:49]
little bit deeper on that? What is the lens by
[30:52]
which you're evaluating each of these recommendations? So, uh, what
[30:59]
we were trying to do was, um, make sure that
[31:03]
the recommendations moving forward were appropriate for the stage at
[31:07]
which the entity is. So for example, um, some of
[31:11]
the feedback and some of the comments that have surfaced
[31:14]
were oriented around things like credit for prior learning. Like
[31:17]
we want to make sure we have credit for prior
[31:19]
learning infrastructure, you know, opportunities for students. That feels more
[31:22]
at the operating stage as opposed to we need a
[31:26]
board to actually figure out what this, uh, enterprise is
[31:29]
going to do. And then it's the responsibility of let's
[31:32]
say a board or some sort of governance vehicle to
[31:35]
be able to make those decisions and structures, if you
[31:38]
will. And so just trying to make sure that this
[31:40]
framework will help us locate where those conversations might be
[31:43]
most appropriate to happen as we start, um, start, uh,
[31:47]
very often digging into or defaulting to the operational implementation.
[31:52]
Okay. Thank you. We do have a speaker in the
[31:57]
room, Mario Lopez. Chair Falcon. Yes. And I did have
[32:00]
a question. Oh, yes. Of course. Dr. Moyes says. And
[32:03]
the framework. I appreciate the, the framework gives us a
[32:07]
roadmap. My question was, it's anticipated that it's going to
[32:12]
be a multi - institutional campus. And as such, is
[32:16]
it contemplated that it would be possible for different entities
[32:20]
or institutions to be at different stages of formation? Or
[32:24]
is this how rigid is it and how fluid is
[32:27]
it in regards to different institutions and where they're coming
[32:30]
in? And I want to make sure we give ourselves
[32:32]
flexibility. So for example, the university A who's here earlier
[32:38]
and they're further down the construction process. And then we
[32:43]
will kind of, we'll forge these academic ties as well.
[32:48]
But a latter point, institution B or university being that
[32:53]
wants to come in. Obviously they're going to have to
[32:55]
be at an earlier stage of this framework. I just
[32:57]
wanted to get an idea for the thought process. Yeah.
[33:00]
For the fluidity. Yeah. So I should have started by
[33:02]
saying, um, as we were trained by all of our
[33:05]
researcher colleagues, every framework is wrong. Some can be helpful.
[33:10]
Right. And so, uh, this is not meant to be
[33:13]
like rigid and now you've had it and it's going
[33:16]
to be compartmentalized when we moved a formation. Now we're
[33:19]
done. You've missed your opportunity. It is really intended to
[33:22]
help us have a conversation together around what this evolution
[33:26]
looks like. And I think what you're calling out, which
[33:29]
is the different places and stages that wear different entities
[33:32]
enter into the partnership. I think the goal, as you'll
[33:36]
hear from some of the binational partners and some of
[33:38]
the work that's happening is to be clear about where
[33:41]
we want to start and then really then creating the
[33:44]
space for the onboarding, understanding that as this enterprise matures,
[33:49]
there is going to be new partners, new business partners,
[33:52]
new education partners. And so how do we create a
[33:54]
structure that actually facilitates that? A governance structure that actually
[33:57]
facilitates that. Absolutely. Great. Any other clarifying questions before we
[34:03]
go to public comment. Okay. Um, Mario Lopez.
[34:19]
Good afternoon. Muy buenas tardes. I'm very excited to be
[34:22]
here. My name is Mario Lopez. I'm a private consultant.
[34:26]
I do cross border public affairs. And they've been in
[34:28]
the region for the last 25 years in different positions.
[34:32]
Born in Chula Vista race in Tijuana. I'm here to
[34:35]
say that this is very exciting. I'm very supportive. Everything
[34:38]
that has been common, especially on this last line item.
[34:42]
And this work is not only important for the cross
[34:45]
- border region. It's essential. It's essential because it will
[34:49]
unlock the future and the real potential of her cross
[34:52]
- border community, something that South Bay has always lived
[34:56]
with, I think, but it never actually has embraced as
[35:00]
far as action. So it really commend all the work
[35:02]
done. And there's about 75, 000 daily commuters. Who I
[35:07]
think are not necessarily aware that this great work is
[35:10]
being taken place. Uh, huge number of those are students.
[35:15]
A lot of them go to private schools that I
[35:18]
think should be part of this conversation. A lot of
[35:20]
them go to private public schools as well in different
[35:24]
capacities. And also it's very important to mention there are
[35:28]
over 30, 000 American children in the Tijuana public school
[35:31]
system that eventually going to make their way up north.
[35:35]
30, 000 because of different migration. Issues housing deportations COVID.
[35:42]
This is a phenomenon that we did not have in
[35:45]
other years backed. So this work is essential to the
[35:48]
future. And again, this is part of a great workforce.
[35:52]
It makes us unique along the U. S.- Mexico border.
[35:56]
It makes us, um, really harness what we can do
[35:59]
from both sides. So really, I'm excited about this. I'm
[36:02]
very supportive. A lot of people from it came to
[36:04]
Tijuana to support this. And I think having these conversations,
[36:09]
they've already had south of the border will be been
[36:12]
important for the project and long - term. And I
[36:15]
appreciate all the work and all the time, especially the
[36:17]
work, the great staff of the city of Chulapesa has
[36:20]
been doing. Thank you for your time. You got to
[36:22]
ask you. Thank you for being here. And I did
[36:25]
realize that I went out of order by opening up
[36:29]
to public comment, but appreciate your comments. Um, I will
[36:33]
now request, um, Adriana Ochoa with Snell and Wilmer to
[36:38]
provide the legal frame room work for consideration. Thank you.
[36:44]
And good morning to the task force. I'm Adriano Ochoa,
[36:47]
partner at Snell and Wilmer. I'm legal counsel for the
[36:49]
task force. And I am here to talk about the
[36:54]
legal frameworks and structures for governance. Just waiting for my
[36:59]
PowerPoint to pop up.
[37:32]
Thank you. Okay. So we are going to talk about,
[37:37]
as you know, the legal structures for the potential future
[37:41]
entity. The bill asks this task force to identify and
[37:47]
recommend government structures for the mixed use intersegmental educational facility
[37:51]
in Julevista. That's part of the report that has to
[37:54]
be transmitted next year. Uh, an overview of the legal
[37:58]
structure is considered the consortium model specifically addressed in the
[38:03]
legislation itself. A joint powers authority. MOU based coordination, new
[38:09]
statutory entity and a nonprofit organization are among the legal
[38:13]
structures that we considered when coming to the recommendation. So
[38:19]
first, the consortium model. An educational consortium is a partnership
[38:23]
where multiple schools, universities or libraries pull their resources to
[38:27]
expend student opportunities and reduce operational costs. Generally, this looks
[38:33]
like shared services agreements for facilities, library books. Um, maybe
[38:39]
transportation. Cross registration, meaning students enrolled at one institution can
[38:44]
take classes at any other member school or joint purchasing
[38:48]
for things like books or other technologies. Um, key features
[38:52]
of the consortium. It is a fundamentally a contractual arrangement
[38:58]
rather than the creation of a new legal entity. Uh,
[39:01]
this approach is flexible. It preserves each segment's existing administrative
[39:06]
structure while fostering collaboration. And it does not require new
[39:10]
enabling legislation. However, because it is contractual rather than statutory
[39:15]
or otherwise protected by law. This also means that a
[39:19]
consortium would lack the independent legal personality of a JPA
[39:23]
or a newly created entity or district. The consortium could
[39:28]
not hold property in its own name issue debt or
[39:31]
employee staff unless the party's designated one member as the
[39:35]
fiscal and administrative agent. And that puts a disproportionate amount
[39:39]
of risk on that entity. Also, you know, as part
[39:45]
of the discussion, even though it's at a future meeting,
[39:47]
we did talk about financing options and a consortium would
[39:51]
luck. The financing capacity for major capital projects. And when
[39:55]
you look at stuff like bonds, um, the bond markets
[39:58]
typically prefer a single legal entity over a web of
[40:01]
contractual obligations among separate institutions. The next model we considered
[40:10]
was a joint powers authority. Under the joint exercise of
[40:15]
powers act, which is in the government code, uh, participating
[40:20]
public agencies may create through the creation of a joint
[40:23]
powers agreement. A JPA or a joint powers authority to
[40:27]
jointly exercise powers that are common to the contracting parties.
[40:31]
The JPA would be a separate legal entity. That can
[40:35]
hold property, enter into contracts, issue debt, employee staff. And
[40:40]
importantly, act as a liability shield. The principal advantage of
[40:46]
a JPA is the institutional permanence and the unified authority
[40:51]
or the buy - in, as we like to say.
[40:54]
As a separate legal entity, uh, the JPA can, as
[40:59]
I said, hold title to facilities and perform a number
[41:03]
of tasks that no consortium or MOU would be able
[41:06]
to replicate without designating one member to bear disproportionate fiscal
[41:10]
and administrative responsibility, as well as inherent additional risk. This
[41:16]
independent legal disposition also positions the JPA as a single
[41:20]
applicant for stuff like federal and state grants. Um, and
[41:25]
it would capture intersegmental funding opportunities that might otherwise require
[41:30]
fragmented institution by institution applications. The JPA's ability to issue
[41:36]
revenue bonds, lease revenue bonds, cops certificates of participation and
[41:42]
access to Marx Roos pooled financing gives a capital market
[41:46]
access that consortiums or MOUs would lack entirely. JPAs are
[41:52]
public agencies because they're formed by public bodies. So they
[41:55]
would be subject to open meeting laws, public records, SEQA
[41:59]
and prevailing wage in the construction process. Um, we considered
[42:04]
the drawbacks of a JPA with your minimal loss of
[42:08]
an independent control among the participating agencies, but there is
[42:12]
a mechanism for control, which is the appointment of your
[42:15]
respective members on the JPA's governing board. Uh, there are
[42:19]
some binational considerations, which we will go over sort of
[42:23]
in the recommendation phase. But note that under a JPA
[42:28]
model, a Mexican public university would not be able to
[42:31]
participate as a member. Uh, and that's because they are
[42:35]
governed by a different set of laws of different countries
[42:37]
that have loss. Um, and the other federal kind of
[42:40]
contracting issues with states or public agencies contracting with foreign
[42:44]
governments. Um, but we do have a proposed solution, which
[42:48]
is the JPA could contract with a 501c3 nonprofit that
[42:53]
is operated with affiliated by our controlled by a Mexican
[42:56]
university. Contracts can be 50 years, right? They can be
[43:01]
very long. And so you could have a more permanent
[43:06]
partner with a Mexican university or a nonprofit that is
[43:11]
affiliated with the Mexican university through something like a contract.
[43:19]
MOU - based coordination. So MOUs or memorandums of understanding
[43:25]
is another model that we explored. It's less formal. Um,
[43:30]
it's basically a series of contracts that could govern specific
[43:35]
aspects of the university district. Um, space allocations scheduling, cost
[43:41]
sharing, program coordination and student services. No separate legal entity
[43:45]
would be created, which provides max flexibility for each party.
[43:50]
However, there are a number of limitations to this model.
[43:54]
Again, it lacks the institutional permanence needed for a major
[43:58]
capital project here. If you're talking about hundreds of millions
[44:01]
of dollars, um, MOUs are generally a little too loose
[44:06]
for that. Um, every significant decision would require each of
[44:10]
the parties to the MOU to go back to their
[44:12]
respective boards for coordination or decisions, which can slow things
[44:15]
down. Uh, there's no independent borrowing capacity each institution would
[44:20]
have to finance its own share. Um, parties can withdraw
[44:25]
or let agreements lapse under, for example, the JPA model
[44:28]
withdrawal is possible, but it's a lot harder and more
[44:32]
complicated. Um, things like pensions and retirement, um, uh, funds
[44:40]
are considered statutorily. We're us in something like an MOU
[44:43]
or even a consortium. They're not. Um, and there are
[44:47]
potentially increased aggregate costs of capital versus a consolidated entity.
[44:53]
The staff, when we came out on this, we thought
[44:56]
that an MOU would be best suited for the early
[44:58]
phases of collaboration as we start gathering and soliciting partners
[45:04]
for the university districts. Probably not appropriate for the large
[45:09]
- scale capital development. We also considered the new statutory
[45:15]
entity as a model for the task force. Um. We
[45:22]
could recommend new legislation, uh, for a new statutory entity.
[45:27]
And that could define the entities powers, membership, fiscal authority
[45:31]
and relationship to each participating segment. Something it could do
[45:37]
that a JP could not is authorized capabilities that are
[45:40]
not common to the constituent members. A new statutory entity
[45:48]
could be tailor - made for the unique university district.
[45:53]
And it could be granted its own express powers. So
[45:56]
that's a pretty rigid form of creation that you would
[46:00]
be recommending. Um, but this approach carries drawbacks that warrant
[46:05]
careful consideration. Establishing a holy new statutory entity would require
[46:11]
separate follow - on legislation, adding time and political certainty
[46:16]
beyond both the reporting deadline and the existing statute's sunset.
[46:22]
A new entity could impose duties on the city or
[46:26]
other local agencies that could generate unanticipated costs or unanticipated
[46:31]
outcomes. Beyond the legislative process itself, the new statutory entity
[46:39]
would be comparatively rigid once created. A new entity would
[46:43]
be harder to amend or dissolve than a consortium or
[46:47]
a JPA whose terms could be renegotiated directly by in
[46:52]
between the parties. Um, the authorizing legislation, depending on how
[46:57]
specific it would be, could risk duplicating or conflicting with
[47:01]
existing statewide governance structures or the academic. Unless the authority
[47:08]
is precisely carved out relative to each segment's existing governance.
[47:19]
Thank you. Okay. Next, uh, next we'll go to the
[47:22]
nonprofit. Let me see if I covered everything here. Yes,
[47:27]
pretty much. And the last model discussed was a nonprofit
[47:33]
or a 501c3 nonprofit public benefit corporation. Another, you know,
[47:40]
one of the, besides the JPA, the only other model
[47:43]
that's got a corresponding principle act in the corporations code.
[47:47]
It's covered by statute. Um, so this is a practical
[47:50]
vehicle for the binational participation where the other, um, options
[47:56]
are, it gets a little bit more complicated. A 501c3
[48:01]
could be affiliated with the Mexican university, which would enable
[48:04]
cross - border collaboration without triggering statutory or constitutional constraints.
[48:10]
Key features. So a nonprofit could be modeled on the
[48:13]
friends of organization structure, which is a very popular organization
[48:17]
structure across the country for cross - border collaboration. Um,
[48:21]
there's no IRC, which is the internal revenue code. There's
[48:25]
no federal prohibition on foreign entities creating a 501c3. There's
[48:30]
no residency requirements for directors. So our friends on the
[48:35]
Mexican University side could participate despite being Mexican national citizens
[48:41]
on a 501c3's board, um, to create representation. And have
[48:46]
their voices heard. Uh, the board would be independent and
[48:49]
could take on any number of different personalities, right? In
[48:55]
terms of how large or small it can be and
[48:57]
in terms of what the participation would look like. And
[49:00]
of course, the US board would be required to maintain
[49:03]
discretion and control over funds. The advantages, so this would
[49:08]
eliminate the public agency limitation under the joint exercise of
[49:14]
powers act if the 501c3 executes a contract with a
[49:17]
JPA. And the nonprofit would be able to receive and
[49:23]
hold funds in U. S. dollars and accept tax deductible
[49:27]
donations, which is something, for example, a JPA couldn't offer.
[49:31]
Um, it would insulate the JPA from foreign sovereign immunity
[49:35]
issues. And again, there's no need for special legislation, congressional
[49:39]
consent, um, or, or treaty or other considerations. Um, so
[49:46]
again, this is an overview of the five models that
[49:50]
were considered. And I think Marty is going to go
[49:53]
over the recommended model moving forward, but I'm happy to
[49:57]
answer any questions about the legal structures of the governance.
[50:01]
Thank you, Ms. Ochoi. And thank you for clearly laying
[50:04]
things out very clearly for us. Any clarifying questions before
[50:10]
we go to the next speaker. Yes. Dr. Jones. Dr.
[50:16]
Moore. As a point of clarification, um, I think I
[50:21]
heard that you can use both models or two or
[50:24]
more models or are we looking for just one. Yes.
[50:28]
We, uh, absolutely. And part of the recommendation is actually
[50:32]
almost three. It's kind of early stage MOU to recruit
[50:35]
and solicit partners. Then the establishment of a JPA, which
[50:39]
I don't want to spoiler alert, but, um, establishment of
[50:42]
a JPA once we have some partners that are willing
[50:44]
to participate in that. And then maybe or around the
[50:47]
same time the formation of a nonprofit so that we
[50:50]
can start developing the operational and by national component, um,
[50:55]
and longer term, you know, now we're getting into the
[50:57]
later parts of that maturity arc because longer term would
[51:02]
the JPA have perpetual life. It depends, right? Because it
[51:07]
depends on what we need from it. Um, there's a,
[51:10]
there's a situation where maybe that could happen. There's a
[51:13]
situation where maybe it wouldn't be necessary anymore depending on
[51:15]
the nonprofits. Depending on the structure of the whole university
[51:19]
district, um, and what happens with the land and potentially
[51:24]
leases. But, um, but no, you can definitely, and those
[51:27]
two models kind of go nicely together. The JPA with
[51:32]
the 501c3, both for fundraising opportunities for the Binance national
[51:36]
component and a number of other reasons that Marty will
[51:38]
articulate when we get to the recommendation. Thank you. Sure.
[51:42]
Dr. Moore. Yes, I have a comment on slide two.
[51:49]
So the bullet that you didn't read here, um, under
[51:52]
drawbacks, which is Compax negotiations among divergent institutional cultures, governance
[51:56]
traditions, legal authorities. University's often have joint governance as part
[52:01]
of their governance, their internal governance structure, which includes the
[52:05]
academic Senate. And they have greater or less authority depending
[52:12]
on the institution. However, I think we should go into
[52:15]
this very clear eye because I can anticipate that we
[52:20]
could set something recommends something here. And then once it
[52:24]
goes into the internal conversations within the participating partnerships, um,
[52:30]
there could be quite a bit of, of back and
[52:33]
forth. And there needs to be flexibility in order to
[52:35]
be able to, um, accommodate that. Thank you. Yes. And
[52:40]
that's an excellent point. So, you know, I would say
[52:43]
each of these options, all five contemplate complex negotiations among
[52:48]
divergent institutional cultures, um, and the legal authorities are something
[52:54]
that a joint powers authority agreement in particular would have
[52:57]
to navigate carefully. Um, but education is a matter of
[53:02]
statewide concern. And so the legislature has created the UC
[53:06]
system, the CSU system, the community college system to serve
[53:09]
their various functions. And we would need to carefully, uh,
[53:13]
respect the different, uh, governance structures and legal frameworks in
[53:20]
drafting the joint powers agreement. Um, but really any of
[53:23]
the models are going to require whoever the partners are
[53:26]
to come in and start negotiating and figure out what
[53:29]
their places are, how they want the structure to look,
[53:32]
um, but yeah, those are excellent points. Thank you. Any
[53:38]
other clarifying questions. Dr. Gueda and then member Malcolm. Thank
[53:44]
you. Thank you, Chair Falcon. I have a number of
[53:46]
clarifying questions. And I don't know if the necessary an
[53:49]
answer at this point, but when, um, when, uh, considering
[53:53]
our contemplating a JPA were exoficio members part of the
[53:57]
consideration in terms of Mexican university representation. So I understand
[54:03]
the rules in place about participation of foreign nationals. Um,
[54:07]
but I was wondering if that was part of the
[54:09]
contemplation is exoficial members. The other question that I had
[54:14]
was, um, I understand that sometimes not profits are able
[54:17]
to have less than a majority of interested members from
[54:21]
another entity, i. e. a JPA. So that also a
[54:25]
contemplation in terms of would there be a possibility to
[54:27]
have an individual number of individuals who do not constitute
[54:32]
a majority that are still able to be members of
[54:35]
both the JPA and the 501c3. So the question of
[54:40]
overlap institutional overlap would be kind of a question. That
[54:44]
they're one that given some of the universities involved, I
[54:48]
think is an important matter to also contemplate his geography.
[54:52]
I believe we're really focused on our by national region.
[54:55]
And so I do think that there's something to be
[54:58]
said for universities that are located within the Binational Region.
[55:02]
Again, I understand there's, there's others, whether it be Unam
[55:05]
or whether it be others in LA that are interested.
[55:09]
But for me, I think it's important that we maintain
[55:11]
the Binational Aspect of what we're trying to establish. And
[55:15]
then I have a number of funding questions about what
[55:17]
would happen. And what are the methods to resolve disputes?
[55:22]
It's really kind of starting to get into the weeed.
[55:23]
But what would happen if interinstitutional disputes were to arise?
[55:27]
So, um, no, we did not contemplate an exoficio position
[55:33]
on the JPA board for a Mexican national. We could.
[55:39]
I think it would get complicated because the point of
[55:42]
a California joint powers authority is to have California public
[55:47]
agencies participating and keep the sort of, um, personality of
[55:52]
a state public agency. And it might, you know, I
[55:56]
haven't frankly looked into exoficio seats, uh, into a JPA,
[56:01]
but we're happy to do that. And I'm happy to
[56:02]
explore that. Um, we thought it would be sort of
[56:06]
more meaningful to the Mexican partners or Binational Partners to
[56:12]
have something like a nonprofit that they could actually run
[56:16]
and control. Um, instead of having, because of course JPAs
[56:21]
would require either Bagley keen or brown X compliance, public
[56:25]
meetings. They could have a spot, a standing item on
[56:28]
the agenda for reports. It'd probably be appropriate for that.
[56:31]
And that might seem a little bit more meaningful than
[56:34]
a nonvoting position. Um, we did not explore having a
[56:39]
JPA minority on the nonprofit board. We did talk about
[56:42]
what that board could look like. And the reason that
[56:45]
happens often when a public agency forms a nonprofit for
[56:50]
various charitable purposes, they staff it with a number of
[56:53]
their own directors or staff persons. Um, that's a little
[56:57]
bit farther than where we're at now in terms of
[57:00]
the, you know, that's something that would be discussed by
[57:02]
between the partners to see if that's something that's important.
[57:05]
Um, and so it's certainly something that could happen. Um,
[57:09]
there's nothing that precludes it. It's just a matter of
[57:12]
what appetite the partners that are involved have. Um, and
[57:18]
then with respect to the binational participation, you know, hugely,
[57:22]
hugely important, uh, and really central to all the conversations
[57:26]
that staff has been having and what makes us different,
[57:29]
what would make this UDCV different, um, is the Binational
[57:32]
participation, which is why we tried to give special consideration
[57:36]
to the nonprofit option as either the entity that would
[57:39]
operate the site or at least a partner entity that
[57:42]
would participate in the site to allow, um, Mexican and
[57:46]
to draw more participation from Mexican public universities, private universities
[57:51]
partners. You know, that's something that the nonprofit could do
[57:54]
that, for example, the JPA couldn't do is involve private
[57:56]
institutions, not just public institutions. So all of that was
[58:00]
given significant weight as we came to the recommendations. Great.
[58:06]
I remember Malcolm. Yes, I have a question really to
[58:12]
the city manager, City Chilvesta. On this issue. And I'll
[58:19]
do respect to this great committee. The city owns the
[58:24]
land. The city needs to, um, and has other authorities.
[58:32]
As a charter city that you talked about bonding that
[58:35]
general law cities doesn't have. So JPA. On some things
[58:41]
aren't necessary. But I'm, I'm worried about as long as
[58:45]
the city's happy, I'm okay. But we're really creating, or
[58:53]
discussing entities. To go out and discuss what we're going
[58:58]
to do and how we're going to do it. And
[59:03]
yet the biggest benefactor has one vote out of. How
[59:07]
many. And, um, should there be some type of, it's
[59:14]
handag, we can call different cities, can call weighted vote
[59:19]
or something. Are you happy or satisfied with the direction
[59:23]
we're going for the protection of your constituents. Well, I
[59:29]
think what we've discussed so far is really the structure
[59:32]
and laying out the different options. Um, with the recommendation
[59:36]
that they're going to be presenting with the JPA and
[59:39]
the potential 501c3, I think that that properly protects the
[59:44]
city's interest as the property owner. That is our role
[59:49]
here. We are the, we are the owner. We are
[59:51]
the advocate. Um, but we also are not in the
[59:54]
business of running a university. And we recognize that that
[59:56]
is not, um, our strength. And so it is important
[59:59]
to us to bring in the academic partners as the
[1:00:04]
organization does mature. And so I think that's a lot
[1:00:06]
of why you're hearing this concept of an organizational maturity
[1:00:10]
model and having the right structure at the right time
[1:00:14]
for what's in front of us. And so, um, right
[1:00:16]
now we're very comfortable with what's being proposed. Um, but
[1:00:20]
it's also, um, you know, really, that's part of the
[1:00:23]
discussion here for the task force and to get that
[1:00:26]
feedback. Thank you. Thank you. Thank you for the question
[1:00:30]
and jumping in, remember Alan as city manager for the
[1:00:34]
city. Um, yes, member incarnation. So I'm going to build
[1:00:39]
off of task member Malcolm's question because it sparked one
[1:00:45]
that I wrote down as well. Um, earlier we talked
[1:00:47]
about in the land use presentation, the university innovation district
[1:00:52]
versus the first phase, which is the university district, the
[1:00:56]
35 acres. And so I keep having, and it could
[1:01:01]
be, you know, my problem. Um, ambiguity on this task
[1:01:07]
force scope is a task force planning a governance or
[1:01:12]
making a recommendation on a governance entity. For the first
[1:01:17]
phase, which is the 35 acres, where we being asked
[1:01:21]
to create a recommendation on the governance entity for the
[1:01:26]
UID, which you made me think of, um, member Malcolm
[1:01:32]
because that is seems like an encroachment on cities purview.
[1:01:37]
Um, so I'm just going to put that out there.
[1:01:40]
No answer needed. But I do, um, I'm hearing, um,
[1:01:48]
if the legal entity of the, um, governance structure, I'm
[1:01:55]
not hearing, I'm hearing questions and comments and are wonderful
[1:01:59]
student trustee made of public comment. Um, if membership was
[1:02:04]
contemplated, because I'm not seeing that in here. And the
[1:02:08]
questions about, you know, majority membership on a JPA for
[1:02:13]
a landowner or exofficio membership. And I think also about
[1:02:19]
what member Moore said and the different institutions having different
[1:02:24]
shared governance and institutional cultures. And also centralized institutions and
[1:02:31]
meeting their central body to even approve the participation on
[1:02:37]
a governance structure. And so in the contemplation of all
[1:02:43]
of the recommendations, membership, um, was that contemplated. I didn't
[1:02:50]
see that in the recommendations or the discussion. And then
[1:02:53]
I think about voting structures. We've talked about who votes.
[1:02:57]
What would that voting structure look like? And what is
[1:02:59]
the authority of the voting structure? Would certain people have
[1:03:03]
different. We talked about weighted votes. Um, so I'm just
[1:03:06]
curious if that was contemplated. And if it was, maybe
[1:03:11]
you can share with the task force more about what
[1:03:14]
was contemplated and what was thought about. Sure. I mean,
[1:03:18]
part of the beauty of the JPA model is that
[1:03:20]
all of that is discussed and decided when you draft
[1:03:24]
the joint powers agreement. So would that be included though?
[1:03:30]
And that's what we're tasked with is providing a recommendation
[1:03:33]
to the legislator. So if we go with a joint
[1:03:37]
task force with a nonprofit so that we want to
[1:03:40]
include my national, would this task force include any of
[1:03:46]
those levels of details? Would we be tasked with having
[1:03:49]
that discussion here in an open meeting and being able
[1:03:51]
to have that background so that we can contemplate whether
[1:03:56]
we would include that in our recommendation. What level of
[1:04:01]
detail we would include, would we consider including it. I
[1:04:04]
think that's a determination for the task force, but I,
[1:04:08]
my initial answer is no. The mission of the bill
[1:04:13]
is to recommend a governance structure that government structure could
[1:04:18]
be a joint powers authority with the nonprofit partner to
[1:04:22]
complement the Binational component with those details to be sorted
[1:04:25]
out, A, once we have partners. I mean, because what
[1:04:29]
you don't want is to recommend something as a task
[1:04:32]
force. That scares folks away or precludes folks from even
[1:04:38]
having a discussion about whether or not they want to
[1:04:40]
participate. So you have to really find that balance between
[1:04:44]
over prescribing and under prescribing. So my gut, and I
[1:04:48]
know Marlene and Marty are probably itching the talk too,
[1:04:51]
is to say, you know, you, you, the recommendation is
[1:04:55]
for the structure. And then depending on how the legislature
[1:04:59]
responds, how's this task force response? You would then find
[1:05:02]
your partners and have those discussions. Is a JPA something
[1:05:06]
you'd entertain. Um, and if so, what are the voting?
[1:05:12]
Are we talking about five member board? We talked about
[1:05:14]
a 10 member board. Are we talking about weighted voting?
[1:05:17]
Are we talking about one vote for each person talking
[1:05:19]
about exofficeo members? Those discussions happen once you have partners.
[1:05:25]
And once you have buy - in, go ahead, Marlene.
[1:05:28]
I know you want to chime in too. Because we're
[1:05:30]
getting into the next one. If I may chair Falcons.
[1:05:34]
Yes. Thanks for judgment. So these are all great questions.
[1:05:37]
And yes, we are in getting into the recommendations where
[1:05:40]
the some of the detail. But I think it's really
[1:05:42]
important to reinforce that you're asking really good questions. And
[1:05:47]
the complexity of governance is that the layers. And layers
[1:05:51]
of the degree to details like the questions about, we
[1:05:55]
awaited votes and all of that. There's a time and
[1:05:57]
place for those discussions. Right now we're at the very
[1:06:00]
beginning. And we're looking at broader frameworks. And that's why
[1:06:03]
legal frameworks knowing what they can and can't do is
[1:06:06]
important. So if I may, I think that a lot
[1:06:08]
of those questions can be answered. And if they can't
[1:06:10]
be answered today, at least it'll be noted where in
[1:06:14]
the process they will be appropriately answered. Thank you for
[1:06:17]
the reminder. So, um, if, if we can reserve our
[1:06:20]
questions right now. Uh, for clarification, the discussion questions are
[1:06:25]
really, really juicy. And I think we need to, um,
[1:06:28]
resurface those during discussions so we can get to the
[1:06:30]
next presentation. But I do want to pin that one
[1:06:36]
question from, from, uh, Dr. Carnesun about the scope, um,
[1:06:42]
on the UID versus UDCV. I don't want to say
[1:06:45]
verses. But defining what it is at this task force
[1:06:49]
really needs to hone home in on, um, and understanding,
[1:06:53]
you know, how big or how, how constrained that we
[1:06:57]
need to. Yes, exactly. So I don't know if that
[1:07:00]
we can table that for the discussion, but if you
[1:07:02]
can return to the podium and address that, that would
[1:07:08]
be great. Absolutely. Happy to. And again, the short answer
[1:07:11]
is depending on the structure you choose. If you choose
[1:07:14]
a joint powers agreement as a recommended structure, the JPA
[1:07:17]
contract can do it all. Like it can tell you
[1:07:20]
who's the principal act, what law are you following? What
[1:07:24]
powers are you going to have or not have? Um,
[1:07:28]
who are going to be the parties? How are you
[1:07:29]
going to vote? How are you going to make decisions?
[1:07:32]
All of that is laid out in the contract itself.
[1:07:34]
Um, but I'll, um, I'll hand it over to Marty
[1:07:37]
so she can get it. Thank you, Mr. Cho. Appreciate
[1:07:40]
your presentation. Um, we do have our next, uh, presenter
[1:07:47]
brimner, uh, from policy solutions. All right. Good morning task
[1:07:54]
force members. I'm Jake Bremer. I'm one of the consultants
[1:07:56]
helping support this project. Um, and what I'll be doing
[1:07:59]
is providing an overview of some of the research that
[1:08:02]
was in your background materials as it related to other
[1:08:05]
models that we've seen across the country. We've been trying
[1:08:08]
to research what we can learn from instances where, um,
[1:08:12]
institutions have already come together around shared facilities or other
[1:08:15]
ways of, um, expanding or extending resources through collaboration.
[1:08:26]
And I'll just pull my slides first. Okay. Um, and
[1:08:29]
actually I'm very appreciative that you just started this conversation
[1:08:33]
because what we'll do here is actually now show through
[1:08:36]
some of these case studies what shared decision making has
[1:08:39]
looked like in these instances where you're bringing partners together,
[1:08:42]
um, today I'm going to just have time to touch
[1:08:43]
on three of the models that we researched. But what
[1:08:46]
I thought I would do first is just give you
[1:08:48]
a sense of the breath of the different models that
[1:08:51]
exist across the country. There are models that differ in
[1:08:54]
terms of their programmatic or their ultimate objectives, the kinds
[1:08:58]
of students that they're serving, the types of institutional partners
[1:09:02]
that they're bringing together, whether a city is one of
[1:09:05]
the active participants in that. And of course, that then
[1:09:08]
suggests different legal structures. So you just heard from Adriana
[1:09:11]
about what those look like. We have almost all of
[1:09:13]
those, um, represented here in terms of the examples that
[1:09:16]
we found nationally, um, and then what that means for
[1:09:19]
their shared decision making structures, their board compositions, those all
[1:09:22]
really very widely as well. One thing I will note
[1:09:25]
as a disclaimer, there wasn't a JPA example that we
[1:09:28]
found nationally. But with that being said, there are certainly
[1:09:31]
examples of where local city has been a catalyst and
[1:09:34]
has been a really active partner in making these kind
[1:09:37]
of projects happen and staying involved as the project matures.
[1:09:41]
Um, so with that for the sake of time, I'll
[1:09:43]
just dive into one of those examples, um, of where
[1:09:46]
cities been really active in driving a project. In Denver,
[1:09:49]
Colorado. So in Denver, Colorado, you have an example of
[1:09:52]
where really for years, um, as I'm sure folks from
[1:09:55]
the city of Chulivistic can relate to, locally about the
[1:09:59]
benefits of bringing institutions together at a shared campus. There
[1:10:04]
were strategic proactive zoning and a neighborhood that had been
[1:10:06]
identified as really suitable for that kind of facility. And
[1:10:10]
ultimately through a combination of policy action at the local,
[1:10:13]
the state, and in this case, even the federal level,
[1:10:16]
um, they brought that, um, chip fruition in the 60s
[1:10:19]
and 70s. Um, ultimately after receiving those funds and local
[1:10:23]
bond measure that was approved, um, the state of Colorado
[1:10:26]
defined a statutory entity, which is the Aurora higher education
[1:10:30]
center that exists today. It brings together three different public
[1:10:34]
institutions, three different, um, campuses from various statewide higher education
[1:10:40]
systems. And this statutory, um, language also defined objectives for
[1:10:46]
what that collaboration would look like. So it required that
[1:10:49]
those institutions agree to aligning their calendars agreed to coordinating
[1:10:54]
on scheduling things that really have a material impact on
[1:10:57]
the student experience, particularly when you have a community college
[1:11:01]
and students that are working to transfer from the two
[1:11:03]
gear to the four years that have space there. Colorado
[1:11:07]
state law also defined the governing board. Um, that governing
[1:11:10]
board's composed of the three CEOs for each of those
[1:11:13]
institutions. And then each of the gut statewide governing boards
[1:11:17]
has one appointee that serves on the board for the
[1:11:21]
Aurora Higher Education Center. Students and faculty each have one
[1:11:26]
representative. So the committee that includes faculty and students from
[1:11:30]
across the three institutions, each of those committees name one
[1:11:33]
representative for their constituency that serves on the governing board.
[1:11:37]
There is actually ledge to the earlier comment. There was
[1:11:39]
legislation that gave them a vote that didn't, um, they
[1:11:42]
didn't have one at first. Um, and then the governor
[1:11:45]
of Colorado has three appointees that serve on the board
[1:11:48]
as well. They have to be Denver area residents. Um,
[1:11:51]
to an earlier question that came up from Dr. Guede.
[1:11:55]
There is actually language in Colorado state law that addresses
[1:11:57]
how to resolve disputes with institutions and instances when the
[1:12:02]
same system, so the governing board appointee in the CEO
[1:12:06]
both have not voted in the majority on a decision
[1:12:08]
on the board. If there's this instance where you have
[1:12:10]
one institution that is really holding out from an action,
[1:12:14]
the majority of the gubernatorial appointees have to be an
[1:12:17]
agreement with that action for it to move forward. So,
[1:12:21]
um, some example here of what that can look like
[1:12:23]
when you have public institutions and this statutory entity defined
[1:12:26]
in Colorado law that's helping coordinate their efforts. Okay. So
[1:12:32]
now to the other side of the spectrum, this is
[1:12:35]
a nonprofit consortium - based model just up the road
[1:12:38]
in Claremont. The Claremont College's consortium brings together seven separate
[1:12:45]
standalone institutions. They're all independent, but they allow for students
[1:12:49]
to cross register across the institutions. Um, this is not
[1:12:52]
only a consortium, but they've actually created their own nonprofit
[1:12:55]
entity that holds land and provides services back to the
[1:12:59]
member institutions. They charge institutions based on a cost sharing
[1:13:03]
formula that the board of the nonprofit itself develops. That
[1:13:08]
board does have three independent representatives that serve on the
[1:13:12]
board. They are not affiliated with any of the institutions.
[1:13:15]
But then each of the member institutions have two representatives
[1:13:18]
that serve on the board along with the CEO of
[1:13:20]
the nonprofit itself, which is called the Claremont College Services.
[1:13:25]
Interestingly, the Claremont Colleges also have a constitution. Uh, this
[1:13:29]
constitution defines the scope of what the board can handle
[1:13:33]
versus what a council of presidents can handle. So a
[1:13:36]
large majority of issues are actually resolved amongst the institutional
[1:13:39]
partners themselves, but there are reserved matters that are higher
[1:13:43]
stakes. So issues around debt issues around land issues around
[1:13:46]
enrollment caps that are reserved for action by the full
[1:13:50]
board of directors, the constitution for the colleges also defines
[1:13:55]
vote thresholds, um, it requires majority vote for some issues.
[1:13:59]
And then on some of those more sensitive matters, it
[1:14:01]
requires a super majority, two - thirds vote of all
[1:14:04]
of the board members. And in some cases, even ratification
[1:14:07]
by the governing boards of each of the member institutions
[1:14:10]
themselves. So again, something like enrollment caps really sensitive for
[1:14:14]
each of those member institutions when they're sharing space. So
[1:14:20]
now I'll go to my third and my last example
[1:14:22]
here before I get to some conclusions from across this
[1:14:25]
research medical center of the Americas is a project out
[1:14:29]
in El Paso that the city was really active and
[1:14:32]
responsible for driving. In fact, the city had identified an
[1:14:37]
area that already had some post - secondary educational institutions
[1:14:42]
or extension facilities, um, and healthcare facilities. And what it
[1:14:46]
wanted to do was really grow that into something that
[1:14:49]
could serve the broader border community, but also could become
[1:14:52]
an industry cluster. So not just, uh, access to hospitals
[1:14:56]
and to care, but biotech research, medical device design and
[1:15:00]
manufacturing, things where there's already a lot of cross -
[1:15:03]
border, um, trade that's involved. So the city, not only
[1:15:07]
zoned accordingly and identified this, um, part of its community
[1:15:11]
to facilitate this kind of development. But it found an
[1:15:14]
external partner, um, what's now the MCA holding company and
[1:15:18]
its nonprofit, the Enscape Foundation. It sold a fraction of
[1:15:22]
the land. So not all of the land that's part
[1:15:24]
of this broader district, but a small portion of it
[1:15:27]
sold the land to the holding company. It also, um,
[1:15:30]
committed to providing an annual appropriation through the city budget.
[1:15:34]
It's about 2. 8 or 3 million dollars depending on
[1:15:36]
the year. In exchange for this holding company structure, and
[1:15:41]
I'll talk more about that in a moment, um, to
[1:15:43]
commit to reaching certain deliverables, um, things like construction of
[1:15:47]
this incubator space that's on the slide. This is called
[1:15:49]
the Cardwell collaborative. It was one of the things that
[1:15:52]
this entity had to commit to constructing in order to
[1:15:55]
not only hold the land on which it's built, but
[1:15:57]
to receive this funding. The holding companies also responsible for
[1:16:01]
facilitating the development of the broader district and really through
[1:16:05]
a coordination role with partners. It doesn't own that land
[1:16:07]
doesn't do the construction itself directly. But through these various
[1:16:11]
subsidiaries underneath the holding company, it's able to bring partners
[1:16:14]
together and find out what they need in terms of
[1:16:16]
space and facilities. So one really interesting example, uh, one
[1:16:20]
of the subsidiaries is focused on facilitating biotech research. It
[1:16:24]
actually has revenue generating capability that then can be reinvested
[1:16:27]
back into the project more broadly. Um, this governing board,
[1:16:31]
very different from the others that we, um, just highlighted.
[1:16:35]
This governing boards really composed of real estate development finance
[1:16:38]
and healthcare industry professionals. There are non - voting institutional
[1:16:43]
representatives from the city, from healthcare facilities, um, from educational
[1:16:49]
institutions, including their Mexican university counterpart on the other side
[1:16:53]
of the border and even a New Mexico state university
[1:16:56]
that does a lot of research partnerships with the center.
[1:17:01]
So now, um, just to conclude and let you get
[1:17:04]
back to your discussion about what this means for our
[1:17:06]
work here, um, shoe libista. Of course, as we heard
[1:17:10]
earlier, there isn't a single model that you can just
[1:17:12]
copy and paste into the unique context and the unique
[1:17:15]
opportunity that you have in true livista today. But I
[1:17:19]
think from these three examples, but certainly from the others
[1:17:21]
that we didn't have time to cover today, we can
[1:17:24]
learn a lot about the elements that we should be
[1:17:26]
considering for how we leverage this project to align with
[1:17:30]
community needs and to support students in the workforce in
[1:17:33]
South County and the cross - border community more broadly.
[1:17:36]
So at Aurorea and Claremont, we see that they really
[1:17:39]
have clarity of scope for the kinds of decisions that
[1:17:42]
are within the board's prerogative or other vehicles that might
[1:17:46]
allow the academic, institutional partners to work on those more
[1:17:51]
quickly or more nimbly or within existing governance structures, as
[1:17:54]
we heard earlier. So Claremont Colleges, think of those really
[1:17:57]
clear boundaries for issues that are for the board versus
[1:18:00]
issues that the council of presidents can take on. The
[1:18:04]
medical centers of the Americas, this interesting structure, this holding
[1:18:08]
company with nonprofit, programmatically focused subsidiaries really creates opportunities that
[1:18:13]
might not be available to other structures based on identifying
[1:18:18]
revenue and trying to help facilitate, bringing that into the
[1:18:21]
project, uh, Aurorea and MCA. What I wanted to note
[1:18:24]
here as well. And both of these instances, you had
[1:18:27]
policy action, not only investment, but statutory action in some
[1:18:31]
cases or defining terms of a contract agreement that really
[1:18:35]
allowed those local communities to define the goals for the
[1:18:38]
projects. And then finally, um, what you see across all
[1:18:42]
of these examples is the need to ensure there's a
[1:18:45]
balance in centering, independent, um, voice and focus on the
[1:18:49]
good of the project and for what the project's doing
[1:18:52]
for the local community with that institutional input. And there
[1:18:56]
are different ways of doing that, whether that's through looking
[1:18:58]
at board composition, looking at other vehicles. We'll talk more
[1:19:01]
about in the recommendation section where you can facilitate that
[1:19:04]
conversation amongst the academic partners, um, while also still allowing
[1:19:08]
abort to have that prerogative oversight governance issues. Um, so
[1:19:12]
I'll leave it there for now so you can move
[1:19:14]
forward with your agenda, but certainly welcome any questions. Thank
[1:19:17]
you. Thank you. Any clarifying questions, Only. For Mr. Brimner.
[1:19:24]
Okay. Thank you very much. Next set of, uh, presentations
[1:19:30]
on the Binance Roundtable report, Dr. Joel Pilco, director of
[1:19:35]
Binance and International Programs for Southwestern College, as well as
[1:19:39]
Dr. Carlos Garcia, whose vice president of institutional relations at
[1:19:44]
Cetis University. Good morning. Buenos días. Thank you for the
[1:19:49]
opportunity to speak before this task force. Before we get
[1:19:53]
into our recommendations from the Binance National Roundtime tables, I
[1:19:57]
want to show something with you. Between 96 and 97.
[1:20:03]
Of non - time ago, our student, as I was
[1:20:06]
from college. And to continue my education, I have to
[1:20:09]
move. Out of this area. At the time I lived
[1:20:12]
in parabox actually. And my parents lived at the end
[1:20:17]
of Palmar Street. I didn't have the opportunity to continue
[1:20:20]
my education here. And today I serve as students who
[1:20:26]
are making the same decisions. So the work that you're
[1:20:29]
doing in creating this opportunities is applaudable. And thank you
[1:20:34]
for doing that for our thousands of students who need
[1:20:37]
to make those decisions. My coagulacia were asked to share
[1:20:42]
the recommendations from the Binance tables. And before I do
[1:20:47]
that, I want to share with you what's happening in
[1:20:50]
the binational region already. And I can tell you that
[1:20:53]
we've been very busy. Universities on both sides of the
[1:20:57]
border, we've been working on three very specific pillars. Access,
[1:21:02]
mobility, and belonging. Access through programs such as AB 91,
[1:21:08]
which we're going to discuss later. We've been working on
[1:21:11]
MOUs. We've been working on different options to give the
[1:21:16]
students the opportunity to study in both sides of the
[1:21:19]
border. Typically, it's through an exchange program. Typically, those type
[1:21:23]
of activities. As that's being working great. And I think
[1:21:26]
we've been doing a lot more than that, such as
[1:21:28]
conferences like the reboarder conference by San Diego State University.
[1:21:33]
The other element that we are really concentrating on is
[1:21:37]
mobility. What does it mean for the student who lives
[1:21:41]
across the border to cross every single day. And have
[1:21:45]
to come to school. Likely that is working. Since April
[1:21:49]
this year, through our collaboration that includes US customs and
[1:21:56]
border protection, cells in college, San Diego is the university.
[1:22:00]
And you see San Diego, lane for students at the
[1:22:04]
San Isidro and Otay Border for entries. That lane saves
[1:22:10]
students hundreds of hours every year. They're crossing the border
[1:22:16]
in 10 to 15 minutes instead of two, three, four
[1:22:19]
hours every day. But I want you to think about
[1:22:21]
that. We did a math. Student is saving 380 plus
[1:22:27]
hours in two semesters by using that lane. That is
[1:22:31]
16 days of life giving back to the student. What
[1:22:35]
will you do with that time. Our students are studying
[1:22:39]
more, spending time with family. Sleeping a little more, probably.
[1:22:45]
That comes to write. So that's what we're doing in
[1:22:48]
terms of mobility. Southwestern college has been partnered with settings
[1:22:52]
to teach our courses in Tijuana. So the students don't
[1:22:55]
have to cross the border. We're doing a lot of
[1:22:57]
creative stuff to make sure that we meet the students
[1:23:00]
where they are. And lastly, belonging. In the last few
[1:23:04]
years, we have been very careful in giving the students
[1:23:09]
a sense of identity. By national students are bilingual, by
[1:23:14]
cultural. They have skills that are resilient, flexible. And they
[1:23:19]
truly understand what it means to cross the border, change
[1:23:22]
your mind completely. And behave the way we do things
[1:23:26]
in the US. And then at night, they go back
[1:23:28]
to Mexico to do so. But we've been doing this
[1:23:32]
in silence in a way. For instance, Southwestern had an
[1:23:36]
MMOU with cities. SDU has an MOU with who I
[1:23:40]
would say. And so on and so forth. And that's
[1:23:43]
been great. But we needed to come together to do
[1:23:47]
something even more meaningful for those students. And that is
[1:23:51]
the creation of the Kalibaha Higher Education Consortium, which since
[1:23:56]
December, 2025 is helping us have a space to have
[1:23:59]
this conversations altogether. And you asked why we're doing that.
[1:24:04]
Because we have data and some of it is on
[1:24:06]
the screen. Data that says that we need to produce
[1:24:10]
professionals in very specific areas right away. And that's what's
[1:24:14]
happening in the Binational region. And with the partnerships that
[1:24:17]
we have in right now. I'm going to invite my
[1:24:20]
partner here, Dr. Garcia, to speak about the first recommendation.
[1:24:29]
Thank you, Dr. Pilko. Morning, everyone. Um. Chair five com
[1:24:38]
members of the task force, higher education colleagues, committee partners
[1:24:43]
and members of the public. Thank you for being here
[1:24:46]
and for being part of this important conversation. The question
[1:24:50]
before us today is the one that was stated in
[1:24:56]
the invitation for this meeting. How should the universities show
[1:25:04]
the base to be governed as it develops from vision
[1:25:07]
to reality? That question matters because UDC beam is intended
[1:25:12]
to expand educational opportunities strengthening economic mobility, prepare talent for
[1:25:18]
the careers of tomorrow. And build new by national education
[1:25:23]
research and workforce partnerships. I'm going to have some slides
[1:25:27]
on the screen. We're not necessarily going to delve into
[1:25:30]
them. Those are going to be left behind for you.
[1:25:32]
But I'm going to reference them as we move forward
[1:25:34]
with this presentation. Our governance recommendations do not begin with
[1:25:42]
a legal structure. They begin with a guiding document that
[1:25:45]
UDCB addition and design principles. That distinction is important. These
[1:25:52]
principles are not academic. They are not abstract aspirations. They
[1:25:57]
were written to define the conditions that feature decisions on
[1:26:01]
land use, governance, financing, partnership and operations should make possible.
[1:26:07]
In other words, these principles give us a test. In
[1:26:12]
that test is as we move towards implementation, are we
[1:26:15]
actually building the institution that we set where we're going
[1:26:19]
to build. This is how we approach the recommendations. If
[1:26:27]
EDCB is indeed to be a friction - free by
[1:26:31]
national by design adaptive and accountable financially sustainable and become
[1:26:38]
an ecosystem of partners, then its governance must create the
[1:26:42]
capacity to deliver on those outcomes. The recommendations are therefore
[1:26:48]
not a separate technical exercise. They are the implementation pathway
[1:26:52]
for the principles of this operating institution. One recommendation, it's
[1:27:02]
specifically important to UDCBs by national identity. The creation of
[1:27:06]
a nonprofit organization that complements the joint powered authority. The
[1:27:12]
JPA provides the public vehicle for land capital infrastructure and
[1:27:17]
public accountability. The nonprofit creates a durable place for partner
[1:27:22]
participation, including meaningful participation by Mexican higher education institutions. The
[1:27:30]
reason for using both structures, its practical. One structure does
[1:27:36]
not do both jobs equally well. At California JPA is
[1:27:41]
well suited to public stewardship and financing. But it's not
[1:27:45]
designed to sit Mexican public universities as full governance partners.
[1:27:50]
A US nonprofit can provide that form of boys while
[1:27:54]
also supporting philanthropy industry engagement and continuity across changing administrations.
[1:28:01]
Last. So the nonprofit should not be considered as an
[1:28:06]
atom. It should be looked at as one of the
[1:28:08]
mechanisms that allows you to see being to become what
[1:28:13]
its own principles describe, binational by design built as an
[1:28:18]
ecosystem of partners and capable of reducing barriers rather than
[1:28:23]
creating new ones. We are still in the information and
[1:28:27]
learning stages. We do not need or to address nor
[1:28:32]
do we have the answers for every single governance question
[1:28:35]
or detailed today. But we can start to move forward
[1:28:38]
in creating the architecture that allows the mission to become
[1:28:41]
real. And that preserves the distinction by national character. From
[1:28:49]
the beginning. Thank you very much. The second recommendation from
[1:28:56]
the Binational Roundtable has to do with, if I can
[1:28:59]
go back to the other slides, please. Recommend from this
[1:29:08]
group is to establish our national hub or center. Within
[1:29:14]
the University District of Visa Institutional Framework. Thank you.
[1:29:28]
Our recommendation is that the governance entity identifies our national
[1:29:32]
hub or center as an infrastructure requirement for the university
[1:29:37]
district. It should serve as a non - profit operational
[1:29:41]
home. And the one - stop shop through which a
[1:29:43]
students can access coordinated services. These entities, this space, this
[1:29:48]
building, whatever it will be, it will have the task
[1:29:50]
to coordinate activities to develop policy. To develop partnerships not
[1:29:56]
only between the are participating in institutions, but also outside
[1:30:00]
workforce development, philanthropy, community, all of them, but also to
[1:30:05]
share solutions, you know, between the estructure. Some of the
[1:30:10]
core cognitive functions that we found would be very important
[1:30:13]
for this space. Collaboration. Coordinated work between US and Mexican
[1:30:20]
institutions. Partnerships reach out to workforce development entities, preach out
[1:30:27]
to the industry and philanthropy. How they understand what we're
[1:30:31]
trying to do. Remote barriers that can be legal policy
[1:30:35]
administrative or administrative institutional obstacles. Also to continue working on
[1:30:43]
access for these students. And finally, to define a priorities
[1:30:48]
that the whole organization is going to have. But I
[1:30:51]
won't speak a little bit about how we look like
[1:30:54]
for the students. I think we're trying to do something
[1:30:57]
different here. How would it look like if a binational
[1:31:01]
student truly goes to a place where all these services
[1:31:06]
will be available. Think about it this way. You have
[1:31:10]
many universities there. With representatives. The information in one place.
[1:31:15]
You have by national partners, you have research institutes. You
[1:31:18]
have workforce partners in the same building. And the student
[1:31:21]
has the opportunity to get information from each one of
[1:31:23]
them. Including translation services. For an credential evaluations, financial assistance,
[1:31:30]
based on immigration support, a clinical advising and so on
[1:31:33]
and so forth, you can see on the screen. This
[1:31:36]
concept has never been implemented before from a Binance. And
[1:31:41]
we truly believe that if we're going to do something
[1:31:44]
different with this project, we've got to take into consideration
[1:31:48]
that these students need clear information from the get -
[1:31:51]
go. And as I mentioned in my opening, I think
[1:31:55]
they by natural round table clearly understands that we need
[1:31:58]
to meet students where they are. And that is our
[1:32:01]
second recommendation. Our last recommendation has to do with. The
[1:32:10]
establishment of a limited AV91 pilot for the eligible public
[1:32:16]
hiring institutions that are part of the UDCV. If you're
[1:32:20]
not familiar with AD91, it is California legislation that allows
[1:32:25]
students who live in the border region. To enroll in
[1:32:29]
community colleges in San Diego and Peter Counties, pain in
[1:32:34]
- state traditional rates. Earlier today through a comment, it
[1:32:38]
was mentioned that there are about 30, 000 US citizens
[1:32:42]
living in Tijuana and attending public primary and secularing schools
[1:32:47]
in Tijuana. That number can be higher than that. It
[1:32:50]
could be 45, 065, 000. Those students before 891 didn't
[1:32:56]
have the opportunity to enroll in community colleges and pay
[1:33:00]
in - state tuition fees. Therefore, there didn't go to
[1:33:03]
school. Twin implementation of A - 1991 in the last
[1:33:07]
three years at Southwestern College. We have been able to
[1:33:11]
really change that. Sorry, that's my time on the first
[1:33:14]
one. We have been able to really change that. And
[1:33:17]
in the last three years, as you can see on
[1:33:20]
the screen, we have been able to enroll over 300
[1:33:25]
students. These semester, we just started this week. We have
[1:33:30]
358 students in the AB 91 program. And guess what?
[1:33:42]
So the order 30, 045, 000 who are in the
[1:33:46]
public system in Tijuana. Guess what they're going to do?
[1:33:50]
They're going to come to us. And we need to
[1:33:52]
be ready for that. This is students are very well
[1:33:56]
connected. With their workforce needs of the region. You can
[1:34:00]
see snapshot here as a full 2025 of the mergers
[1:34:06]
these students are pursuing. And the top stem. One of
[1:34:11]
the intents of the legislation was to promote STEM education.
[1:34:15]
And there you go. That's what they want. And that's
[1:34:18]
what they're going to go to working. But more interestingly,
[1:34:22]
this student's academic performance. It's outstanding. The persistence rate from
[1:34:29]
fall to spring. Was over 94 percent, which is much
[1:34:34]
higher. Than the general student population at Southwest and College.
[1:34:43]
The course completional rates were also. Well, we don't know.
[1:34:49]
But we know that these students are truly commuted and
[1:34:52]
resilient. What's happening today is that at some point, there's
[1:34:58]
an enrollment cliff. You have these hundreds of students about
[1:35:03]
400 servers in college. Maybe 80, 100 at mesa college.
[1:35:08]
Another 50 200 at Imperial Valley College who are going
[1:35:13]
to continue their education with us. But they're going to
[1:35:16]
point that they're going to be able to go to
[1:35:18]
a state university because they do not feed the requirements
[1:35:22]
for in - state tuition. That's why it's so important
[1:35:26]
for these task force to consider to please consider something
[1:35:31]
similar to AB 91 from the get - go. We
[1:35:35]
as the task force to establish the decision - making
[1:35:41]
process. So whoever sits on these non - profit JPA
[1:35:45]
is able to push forward legislation that is going to
[1:35:49]
help by national students attend colleges and universities in the
[1:35:53]
US. And now we conclude the recommendations from the round
[1:35:57]
tables. Thank you. Thank you, doctors Buchl and Garcia. Are
[1:36:02]
there any clarifying questions from members. Okay. Seeing none, thank
[1:36:09]
you. Um, I do not see any additional requests to
[1:36:14]
speak from the public. So we are going to move
[1:36:16]
on to the action items overview of state governance recommendations
[1:36:22]
and calling back up Marty Alvarado. Okay. Let's get into
[1:36:27]
it. Um. Excited to jump into the recommendations. You've heard
[1:36:31]
a lot of content today that provides some framing for
[1:36:35]
the recommendations and the different governance vehicles. I also want
[1:36:38]
to thank our Binational Partners for making that connection between,
[1:36:42]
um, the, uh, vision mission and defining characteristics. I could
[1:36:46]
not have done it better myself. Uh, in terms of
[1:36:49]
really trying to make sure that our governance recommendations land
[1:36:53]
and finance recommendations down the road really are bringing that
[1:36:56]
vision to life and or setting the path for bringing
[1:36:59]
that vision to light, uh, to life, excuse me. And
[1:37:02]
really, uh, centering students, uh, and the community as we
[1:37:07]
as this body is making recommendations going forward. So I'm
[1:37:11]
going to jump right into and try to move quickly
[1:37:14]
here, uh, so question to make room for questions. So
[1:37:18]
as we were developing the recommendations, the draft, very draft,
[1:37:22]
something for you to engage with, uh, push back, provide
[1:37:25]
feedback, uh, on this is that we, we really wanted
[1:37:29]
to make sure that we're operating from a common framework
[1:37:31]
or a common place of reference. And so there are
[1:37:34]
three elements that we wanted to walk through, uh, the
[1:37:37]
governance baseline, the maturity arc and two parallel tracks. So
[1:37:42]
first, um, the governance baseline, again, I'm going to move
[1:37:47]
quickly. These are three reference concepts. Let me back up
[1:37:50]
three reference concepts. First, when we are talking about governance,
[1:37:54]
what are we talking about? What does that mean? Because
[1:37:56]
we hear a lot around decision making, but decision making
[1:37:59]
is very nuanced at very specific to the decisions that
[1:38:03]
need to be made. And those are many and complex
[1:38:06]
given some of the earlier conversation around who gets to
[1:38:08]
decide what is this going to look like. Right. So
[1:38:11]
as this body is thinking about the recommendations in a
[1:38:15]
report that is really at this early stage, we have
[1:38:18]
to be thinking about what is it that we are
[1:38:20]
trying to construct and in service of what. And it
[1:38:23]
is in service of entities, organizations, bodies and vehicles that
[1:38:27]
will facilitate policy, procedure and direct practice. That's the goal
[1:38:32]
here. When we are thinking about governance, we are thinking
[1:38:34]
about vehicles, entities, organizations that will facilitate the creation of
[1:38:39]
policy, procedure, and practice. Think local policy. Little P, big
[1:38:44]
P, all of the P's in between policy procedure practice.
[1:38:48]
Okay. Uh, then we also wanted to get into the
[1:38:52]
organizational maturity framework. Since I mentioned it earlier, I'm going
[1:38:55]
to touch on it lightly here, but the goal of
[1:38:58]
this is to really help us situate where UDCV is
[1:39:02]
right now. Right. They are not at a mature operating
[1:39:05]
stage. They are very much at the concept stage trying
[1:39:08]
to move into formation. And so it's really about being
[1:39:11]
able to understand the sequencing of decisions and how this
[1:39:14]
group, uh, this task force is setting up the conditions
[1:39:18]
for those future decisions down the road. And so, uh,
[1:39:22]
what you see here are the, uh, this framework, this
[1:39:26]
stages of framework. So we are at the concept stage
[1:39:29]
really trying to position governance that moves the entity into
[1:39:32]
the formation stage where the actual legal governance structure, uh,
[1:39:36]
that policy, uh, procedure and practice decisions can begin to
[1:39:41]
be formulated. It will move into an emerging stage where
[1:39:44]
you actually begin to offer services for students and start
[1:39:48]
testing this with active participants in a more comprehensive, deliberate
[1:39:52]
way. Uh, sustainable, uh, where it is operationally stable and
[1:39:57]
financially, uh, diversified. And then we get into a mature
[1:40:01]
stage, really self - sustaining and focusing on evolution, uh,
[1:40:05]
and maintaining relevancy. I think it's valuable to note for
[1:40:08]
this body that as we were researching organizational maturity frameworks
[1:40:12]
in order to bring you something today, um, we found
[1:40:16]
a lot for startups, for businesses, even for nonprofits, a
[1:40:20]
lot of research around organizational maturity within these types of
[1:40:25]
entities, companies, et cetera. There were almost none for higher
[1:40:31]
education. Right. We don't think about higher education as an
[1:40:37]
evolving, maturing organization and having this type of maturity arc.
[1:40:42]
We think of them as established. Right. Because they've been
[1:40:44]
around typically for so long. And so I think it's
[1:40:47]
really, really important for this body to be thinking about
[1:40:50]
that as you are creating something new. You are in
[1:40:54]
startup mode. Right. Honoring all the realities of the partner
[1:40:58]
organizations that are going to be coming to the table,
[1:41:01]
but really thinking about what does it look like for
[1:41:02]
us to create a governance structure for something that is
[1:41:06]
new that is going to be engaging these partners and
[1:41:09]
is going to go through this maturity arc, Organizational Maturity
[1:41:13]
Arc over its lifetime. Which again is not something that
[1:41:15]
we typically see and or is talked about within the
[1:41:19]
higher education realm, at least public higher education, maybe for
[1:41:23]
the for - profits. Um, so hence the maturity framework.
[1:41:28]
Uh, and then lastly, uh, the last concept that we
[1:41:30]
want you to hold as we dig into the recommendations
[1:41:33]
is really acknowledging and honoring that there are two parallel
[1:41:36]
tracks for governance. There is the land use and operations
[1:41:42]
and fund development capital building construction. All of those components.
[1:41:46]
And then the academic programming. And those are two separate
[1:41:49]
governance tracks because we wanted to deliberately account for what
[1:41:53]
was surfaced earlier that each of the academic programs and
[1:41:56]
institutions that will come to the table have their own
[1:41:58]
existing government structures have accreditation requirements. There's a whole different
[1:42:02]
layer to that that will need to be wrestled through,
[1:42:05]
which is distinct from capital development, uh, land development, all
[1:42:10]
of those pieces. So we just, we wanted to acknowledge
[1:42:12]
that and make sure that the government structure recommendations accounted
[1:42:16]
for those two parallel tracks operating simultaneously while also leaving
[1:42:21]
space for the maturity of the framework for those to
[1:42:23]
come together as needed going forward. Okay. Uh, so the
[1:42:29]
last thing we wanted to note is that what the
[1:42:32]
task force has to do today, uh, and going forward
[1:42:35]
is really think about what does it mean for your
[1:42:37]
governance structure to deliver what you need to date while
[1:42:40]
also being set up for what needs to come as
[1:42:43]
the enterprise matures. So what comes next. Okay. Uh, so
[1:42:49]
to get into the recommendations, you've heard a lot of
[1:42:51]
the reference points earlier. I'm not, I want to leave
[1:42:54]
time for comments and question. And so just very quickly
[1:42:57]
walking through these, uh, the recommendations, not in any particular
[1:43:01]
order, but certainly modestly sequenced, uh, the draft is that
[1:43:06]
we start with a JPA, as you heard earlier that
[1:43:09]
really sets the legal infrastructure for the enterprise, uh, provide
[1:43:14]
some grounding, uh, and brings preliminary partners to the table,
[1:43:19]
uh, the development of or the selection of a nonprofit
[1:43:22]
site organization as a recommendation really meant to, uh, at
[1:43:26]
least at this stage conceptually manage the day to day,
[1:43:29]
uh, allow for additional structures that facilitate, um, acquisition of,
[1:43:35]
let's say philanthropic dollars and other, uh, financing efforts, um,
[1:43:39]
we also included a recommendation around an academic advisory body.
[1:43:44]
So again, accounting for those parallel tracks, well, the first
[1:43:46]
two enterprises are really organized around the establishment of the
[1:43:51]
infrastructure. The academic advisory board is really about, uh, creating
[1:43:55]
the time and space for those decision points that need
[1:43:58]
to happen around the academic enterprise. Going back to the
[1:44:02]
vision document, really thinking about what are the conditions environments
[1:44:06]
and expectations if we were to, uh, lean into this
[1:44:10]
just - in - time lifelong learning infrastructure that we
[1:44:12]
are envisioning for our chill ofista residents. Uh, and then
[1:44:18]
fourth down the list, you see state authorizing legislation. We've
[1:44:21]
noted this as a potential future complementary track because at
[1:44:25]
this initial formation stage, it really is about setting up
[1:44:28]
the infrastructure and then figuring out if and where policy
[1:44:34]
state policy could actually be beneficial. Is it going to
[1:44:37]
secure additional dollars for the enterprise commitment from the state
[1:44:42]
for the enterprise that brings resources? Is it necessary for
[1:44:46]
the education partners to have flexibility for the types of,
[1:44:50]
uh, instruction that they might want to deliver or programming
[1:44:52]
that they might want to deliver at the site? So
[1:44:55]
what we're saying here and this recommendation is that that
[1:44:57]
is on the table for future consideration, not a bygone
[1:45:01]
conclusion at the initial stage. And that it really should
[1:45:04]
be benefiting the enterprise and the students intended to be
[1:45:07]
served through the enterprise, not just legislation for legislation's sake.
[1:45:11]
And then lastly, as we've talked about a lot today,
[1:45:14]
this recommendation around ensuring that there is equitable and meaningful
[1:45:18]
participation by national partners in the governance infrastructure that is
[1:45:24]
produced at the end or developed at the end. Decided
[1:45:27]
at the end. So what you see here is a,
[1:45:30]
um, I won't say a timeline, but sort of a
[1:45:34]
signaling of how we would envision this moving across that
[1:45:38]
organizational maturity framework arc. You'll see we've mentioned a few
[1:45:43]
times that we're at the conception stage that we're really
[1:45:46]
at the concept stage of this effort. And so you'll
[1:45:48]
see examples of items that are actively in progress during
[1:45:52]
this conception stage under state authorizing legislation, for example. We
[1:45:56]
have this task force that was comprised or pulled together
[1:46:00]
from legislation. Similarly under the academic advisory board, you'll see
[1:46:06]
examples of things like partner MOUs that we are anticipating
[1:46:09]
and have begun to move forward and different types of
[1:46:12]
efforts under the concept stage. What you see as we
[1:46:15]
transition into the formation stage. And again, know that these
[1:46:18]
are not hard and fast cutoffs. That this will be
[1:46:22]
evolving. It'll be fluid batooks in between. But we really
[1:46:25]
see that development of the joint powers authority, uh, the
[1:46:29]
establishment of the academic advisory board sort of happening early
[1:46:33]
on. And then the development of that nonprofit organization maturing
[1:46:37]
over the timeline of the enterprise, the full enterprise. You'll
[1:46:41]
see the gray areas we want to note. There continue
[1:46:44]
as needed. We don't know yet. Right. We don't know
[1:46:48]
when and how and if they will continue to be
[1:46:50]
needed and valuable for the enterprise. And so we have
[1:46:52]
flagged those as continuing as needed, uh, and then ongoing
[1:46:57]
across all stages is the Binational Partnership. So this gives
[1:47:00]
you an idea of how we sort of have been
[1:47:04]
conceptualizing how these recommendations would roll out as well as
[1:47:08]
interplay Bitchs in between. One last visual for those who
[1:47:12]
are visual learners or to make sense of the complexity
[1:47:16]
of these recommendations is really seeing these JPA nonprofits working
[1:47:19]
together at this initial stage, this advisory board, really feeding
[1:47:24]
into those enterprises. And, uh, the other two supporting and
[1:47:30]
caring through as we go. All right. I am going
[1:47:33]
to stop talking and invite questions, comments or concerns. Thank
[1:47:40]
you. Um, before we go to questions, are these presentations
[1:47:44]
going to be available to all of us? Okay. Thank
[1:47:46]
you. Okay. We have a question or comment from Dr.
[1:47:50]
Tong. I was reading, uh, the information we received before
[1:47:59]
the meeting. And this presentation is a little better. Uh,
[1:48:05]
I think, uh, then the languages that were there in
[1:48:09]
the PDF files, uh, on the academic advising board, languages,
[1:48:18]
were a little too broad and ambiguous. Right in terms
[1:48:23]
of partner institutions independence. And so, so as you know,
[1:48:31]
some of these will definitely conflict with, uh, our standards
[1:48:38]
and our, uh, faculty academic, uh, governance and sheer governance
[1:48:44]
and accreditation requirements, right? Right. So we have to make
[1:48:47]
sure that they're all, uh, pretty clear about that. You
[1:48:53]
know, he's each institution obviously have exclusive. Authority and everything
[1:49:03]
for research accreditation intellectual property, et cetera, et cetera. Right.
[1:49:07]
So, so I just want to make sure that in
[1:49:09]
the final language, we're pretty clear about those. Right. Absolutely.
[1:49:13]
Absolutely. And we recognize it was a lot of information
[1:49:17]
to hold. Right. What did the parallel tracks mean? What
[1:49:20]
is this maturity framework mean? And how do these things
[1:49:22]
come together? So through the slides, we were trying to
[1:49:25]
really visualize, create a visualization of how all of this
[1:49:28]
works together, uh, to create that vision for the future.
[1:49:32]
But thank you absolutely. We have a question or comment
[1:49:35]
from Dr. Moore. Thank you. And just to echo these
[1:49:40]
comments. And following up. And that's, I think the next
[1:49:43]
slide and also the previous slide, there was something about
[1:49:46]
the academic advisory board not having authority. I'm not sure
[1:49:52]
what that meant because it almost seems like the, um,
[1:49:55]
nonprofit could veto the recommendations of the academic advising board.
[1:50:01]
Yeah. So this is a great call out because technically
[1:50:04]
legally. Let me say it that way. Legally. The advisory
[1:50:06]
board does not have legal standing to make decisions. In
[1:50:10]
these recommendations, and I'm not a lawyer, I do not
[1:50:13]
play one on TV. So I am only referencing here
[1:50:17]
that the JPA and the nonprofit are what carried legal
[1:50:20]
authority for the enterprise. And so this is why in
[1:50:22]
this next visual, what you see is the academic advisory
[1:50:26]
board providing recommendations to those entities. Uh, I want you
[1:50:30]
to keep in mind that, uh, we have the structure
[1:50:33]
for those two have not been set. And so the
[1:50:36]
extent to which, uh, institutions of higher education would be
[1:50:39]
represented on the JPA and others that some of the
[1:50:42]
safeguard that we are anticipating with the, uh, advisory board
[1:50:45]
providing recommendations. But it does not carry legal authority. Any
[1:50:52]
other questions? Yes. Clarification. It kind of builds on that
[1:50:55]
question as far as I'm aware the precludes us from
[1:51:00]
having overlapping membership amongst the different bodies so long as
[1:51:04]
they don't constitute a majority unless I'm mistaken. So that
[1:51:08]
might be a way for us to be able to
[1:51:09]
have some type of voice and safeguard across the different
[1:51:13]
bodies. Right. Correct. Okay. Got an affirm. Um, yes, member
[1:51:23]
anguillano. Thank you again for this framework. Um, I also
[1:51:28]
had to clarifying question on that academic advisory board. It's
[1:51:32]
in the write - up. It talks about the partnerships
[1:51:35]
with workforce development partners, corporate training. I think these are
[1:51:38]
really important components of the educational ecosystem. People need a
[1:51:44]
lot of different type of education, not one institution can
[1:51:47]
meet the criteria over a lifetime of learning that we
[1:51:50]
are envisioning seeing, you know, as a future unfold, AI
[1:51:54]
is quicker. People need to be upskilled, reskilled moving up
[1:51:58]
in their careers, um, and so I'm just curious. When
[1:52:03]
we say academic advisory board, how much flexibility is that?
[1:52:08]
And then how does that, I'm just having trouble also
[1:52:10]
figuring out how that matches with the nonprofit and the
[1:52:13]
JPEs. This is a great question and goes back to,
[1:52:17]
uh, I'll start with the vision mission defining characteristic document.
[1:52:21]
As we were putting together the recommendations, we're also thinking
[1:52:24]
about what are some of the structures and, uh, the
[1:52:26]
signaling of the composition that is going to, um, uh,
[1:52:31]
invite and or meet that vision for the future of
[1:52:34]
this UDCV enterprise. Um, I think one of the things
[1:52:37]
that we wrestled with is terminology being accessible. So hence
[1:52:42]
the earlier conversation around adjusting learning sector to, uh, lifelong
[1:52:46]
learning infrastructure because it's accessible. So when we're talking academic
[1:52:50]
advisory board, we're really trying to signal through the language
[1:52:52]
that it is around the governance of the instruction or
[1:52:56]
the academic enterprise of the, um, UDCV. Um, however, an
[1:53:02]
alignment with the vision mission defining characteristics, part of that
[1:53:06]
is really inviting in this more comprehensive concept of, uh,
[1:53:12]
academic and instruction and academic enterprise, I should say. Given
[1:53:16]
that we are leaning towards lifelong learning. So ensuring that
[1:53:19]
there's be a access for the region while also inviting
[1:53:23]
enterprises and activities and structures that will actually facilitate, um,
[1:53:27]
this lifelong learning available resource. I think there's also, um,
[1:53:33]
this interplay with the land use component as well, because
[1:53:36]
you're creating a, um, trying to create an experience that
[1:53:41]
is equivalent and or as meaningful as a residential experience
[1:53:45]
without necessarily requiring the residential aspect of that. And so
[1:53:50]
how do you leverage that, uh, the utilization of space
[1:53:53]
that will look fundamentally different here on this enterprise than
[1:53:57]
we might see on a traditional campus. And so trying
[1:53:59]
to create space for in this advisory board, that thinking,
[1:54:03]
um, across these various elements, not just how do we
[1:54:08]
pick up instruction that we've been doing elsewhere and replanted
[1:54:12]
here. Yeah, I'll just note that most of the research
[1:54:17]
is moving towards lifelong learning infrastructure. You have the research
[1:54:20]
from Stanford on the learning society. You have, um, the
[1:54:24]
UCs moving to UCLA for life, ASUs, learning enterprise. There
[1:54:29]
are a lot, a lot of research showing that institutions
[1:54:32]
need to be ensuring that they're serving the students, not
[1:54:36]
just at the beginning of their careers, but throughout their
[1:54:38]
career. So I really think that that's an important element
[1:54:40]
here. Great. Thank you. Any other clarifying questions? Yes. Dr.
[1:54:46]
Grove. So I wonder if there is the possibility in
[1:54:51]
the model of a nonprofit, which I think is really
[1:54:54]
the direction we're going to, that, that some kind of
[1:54:58]
shared governance model can be implemented there. One would be
[1:55:02]
the academic side and the other one would be the
[1:55:04]
administrative side. That's certainly how the University of California and
[1:55:09]
the CSU is functions. And it would be very easy
[1:55:14]
to then say, uh, well, this is how we function.
[1:55:18]
Let's, we're, we're implementing the same model of shared governance.
[1:55:22]
I understand nonprofits and the fact that you have a
[1:55:24]
board. I don't think there's anything in nonprofit
[1:55:30]
legislating. Maybe I'm wrong. Two boards. Although I think
[1:55:40]
one board precedes the other. I don't remember all the
[1:55:43]
rules regarding the two board model with one above the
[1:55:48]
other. Or are they equals? But that really is how
[1:55:51]
shared governance functions in the UC system, for example. And
[1:55:54]
I think that instead of an academic advice, so did
[1:55:58]
you consider this. That's really the question and the clarification
[1:56:00]
that I wanted. Yeah. Uh, we did not. We did
[1:56:03]
not consider implementing a shared governance infrastructure under the nonprofit.
[1:56:09]
In large part because, uh, the nonprofit are starting assumption.
[1:56:14]
Let me say this. We are starting assumption is that
[1:56:15]
the UDCV is not accredited. It's not an accredited entity
[1:56:20]
on its own that we would be pulling and leveraging
[1:56:22]
the accrediting, uh, the accreditation from the partner institutions that
[1:56:27]
will join. And so the shared governance enterprise really happens
[1:56:30]
at the institutions that are participating, not necessarily within the
[1:56:35]
UDCV infrastructure. And so that's, that was the starting assumption
[1:56:39]
for this. But this is also bringing up a really
[1:56:43]
important point that I want to make sure to highlight
[1:56:45]
here, which is that feedback form similar to the one
[1:56:48]
you receive for the vision mission, defining characteristics, uh, document
[1:56:53]
will be going out to all of you. So that
[1:56:55]
way you can continue to provide these types of feedback.
[1:56:58]
These are drafts. So this type of a request should
[1:57:01]
definitely continue to come in and we will continue to
[1:57:05]
look at those. Thank you. Any other questions? Yes. Dr.
[1:57:10]
I don't see Bye. And Dr. and Sivia, I don't
[1:57:17]
think your mic is on. Um, the nonprofit boards that
[1:57:20]
I've been a part of that are functional have been
[1:57:23]
very, very small. The larger that you get on profit
[1:57:27]
board, the less functional it gets. So I just, I'm
[1:57:31]
popping board. You should probably have five to seven people,
[1:57:33]
not more than that because it's just cumbersome in terms
[1:57:37]
of decision making. And when you go any further than
[1:57:40]
that, um, and I just, that's my, my, my two
[1:57:44]
sides. Regardless. The, the other thing I want to highlight
[1:57:47]
also is that again, going back to the maturity framework,
[1:57:51]
we're really at that formation stage and thinking about what
[1:57:53]
are those legal vehicles and entities that are going to
[1:57:55]
be needed to position the institution. I'm going to point
[1:57:58]
to the really valuable and important example of the, um,
[1:58:02]
the hub, the binational hub as an illustration of this.
[1:58:06]
Zero opinion on when we or another. But as an
[1:58:08]
example, part of the, um, part of the rationale for
[1:58:12]
the hub is that it doesn't currently exist, right? If
[1:58:15]
you decide to put together a nonprofit organization as this
[1:58:20]
entity, it may be that that's part of their charter.
[1:58:23]
And so is it a hub or is it a
[1:58:25]
branch of, uh, the responsibilities of the nonprofit organization? Right.
[1:58:29]
So again, this is why we're trying to manage expectations
[1:58:32]
in the recommendations. We're, we're not so defined of you
[1:58:36]
have to build this thing, but you really have to
[1:58:38]
build the conditions in the legal structures that will actually
[1:58:41]
facilitate being able to get those things done in whatever
[1:58:45]
form they take as this matures. So just as an
[1:58:48]
illustration, no expectations, uh, opinion. Yes. Dr. Rakita. Thank you,
[1:58:55]
Chair Falcon. More of a comment. I really want to
[1:58:59]
say thank you to staff for having put together these
[1:59:01]
frameworks because I think it definitely helps move the conversation
[1:59:04]
forward and give this a real focused way of thinking
[1:59:07]
about the questions before us. I also just want to
[1:59:10]
invite all of us to be reminded that we all
[1:59:12]
have our, our own perspectives and experiences, but we truly
[1:59:16]
are building something that has not been built. Um, it's,
[1:59:20]
it's new. It's, it's innovative. And to a degree, I
[1:59:24]
think we all bring our experiences to build a better
[1:59:27]
experience, a better institution for all of us in our
[1:59:30]
community. But I think I would invite us to think
[1:59:32]
that a little bit differently because we all have our
[1:59:35]
experiences yet. We're building something different. A multi - institutional
[1:59:39]
university campus, uh, as we saw is fairly unique. It's,
[1:59:42]
it's not, uh, usually you have an established institution builds
[1:59:48]
a satellite and then the satellite dang becomes, and I'm
[1:59:51]
discussing the CSU San Marcos experience and other experiences. This
[1:59:55]
is not that. We're really building something different. And so
[1:59:58]
I would hope that we can think of a little
[2:00:00]
bit of a different, be open to different concepts as
[2:00:04]
we look at how we organize and structure this institution
[2:00:08]
that will truly be one location with multiple institutions. And
[2:00:13]
how do we build the right balance between central versus
[2:00:19]
university specific? So we have quite a task. I think
[2:00:21]
we're up to the question, but I do want to
[2:00:23]
say thank you. Yes. Thank you. Um, so we are
[2:00:29]
at the noon hour, um, just doing a time check
[2:00:33]
here. And we started getting into the discussions, um, this
[2:00:38]
is an action item, but I want to ask the
[2:00:43]
task force members if we have enough to make some
[2:00:46]
sort of action, um, I certainly want to open this
[2:00:50]
up to discussion. And so I guess that, you know,
[2:00:55]
as you are formulating your comments and questions, and I'm
[2:00:58]
not sure what, until what time we have, can staff
[2:01:04]
address how much time we have today. Um, I would
[2:01:09]
defer to the task force members, um, but I will
[2:01:13]
say that you will be receiving a Google doc, um,
[2:01:17]
after this meeting, like the last one. So you can
[2:01:19]
just online make your comments and send it directly to
[2:01:24]
Marty, um, for, for consideration. And, uh, we know that
[2:01:28]
we gave you a lot of to think about in
[2:01:31]
this meeting. So we didn't really anticipate that you're all
[2:01:34]
going to say, okay, let's march in the same direction
[2:01:36]
that you might need some time to process. And that's
[2:01:39]
totally acceptable. Um, you know, feel free to make any
[2:01:44]
comments about, you know, where you have questions now if
[2:01:48]
you'd like, but you can certainly do that on the
[2:01:49]
Google comment form. And that'll all be taken in consideration.
[2:01:53]
And then at our next meeting, similar to how we
[2:01:56]
did a recap for this meeting to join the meetings,
[2:01:59]
we will do a recap on the feedback and we'll
[2:02:03]
take that feedback and integrate it as best we can
[2:02:07]
and reserve a small portion of the next meeting to
[2:02:10]
really try to see if we're getting closer to consensus
[2:02:14]
on the direction that we want to take. Okay. Thank
[2:02:17]
you. I appreciate the opportunity to provide feedback. I think
[2:02:20]
there's, it seems like there's benefit to us, um, having
[2:02:24]
an open conversation, um, before we do that. And so
[2:02:27]
if, if I could ask for the indulgence of the
[2:02:31]
task force members to have a few more minutes for
[2:02:33]
discussion, have to make it to the airport. Okay. All
[2:02:38]
right. Well then Dr. Grava, thank you. And if you
[2:02:41]
have any comments before you leave, no. Okay. Thank you.
[2:02:47]
All right. Let's open it up for, for discussion. If
[2:02:50]
anybody has any comments. Or maybe you don't, maybe you
[2:02:54]
have recommendation. Yes. Dr. Encarnacion. Um, well, I want to
[2:02:59]
echo what Dr. Gary said that this is a lot
[2:03:02]
of work. And I want to thank staff because it's
[2:03:05]
layered upon layered. And trying to make sense of something
[2:03:08]
new that you're building as you're going is very difficult,
[2:03:13]
but you did it very well. Um, I do want
[2:03:16]
to go back to the question of whether our task
[2:03:20]
is to plan a recommendation around the governance entity for
[2:03:24]
phase one or the entire. Cause I think that changes
[2:03:27]
a lot of how we think about this. Um, the
[2:03:31]
consideration around an academic, I think the JPA and the
[2:03:35]
nonprofit is I'm here and I feel like it's kind
[2:03:38]
of where we're leaning to for what we're looking at.
[2:03:40]
But that changes a lot if we're doing phase one
[2:03:43]
versus the whole entity. And we've also talked about the
[2:03:49]
need for academic advisory board, but also how we really
[2:03:54]
see this as integrating for lifelong learning, whether you're skilling
[2:03:58]
up or whether you're recently graduated high school student or
[2:04:03]
you're a transfer for community college person who is community
[2:04:08]
invested. We were on a webinar and someone said it's
[2:04:11]
not placebound. It's somebody whose community invested. They're invested in
[2:04:14]
their community, right? They need to be in their community.
[2:04:17]
So your community invested student, but you want the same
[2:04:20]
opportunities. You deserve the same opportunities. Um, so do we
[2:04:25]
need to have just an academics on that advisory board?
[2:04:30]
Or should we have some industry partners that we would
[2:04:32]
want to be integrated with our academias so that we
[2:04:36]
know that we have paid internships that our students could
[2:04:39]
go, you know, seamlessly into maybe as they are also
[2:04:44]
learning and getting their degrees. So just something to consider
[2:04:49]
as well when we're thinking about all the different roles
[2:04:52]
that folks play who will be in this space. Because
[2:04:56]
in the end, we're here for our students, right? And
[2:04:59]
our community members and our lifelong learners, whatever and whoever
[2:05:02]
they are. Um, but again, going back to that, you
[2:05:06]
know, phase one or the entire, because over the decades,
[2:05:11]
I know I've been involved. And I know the city
[2:05:14]
has a vision. And I want to be very respectful
[2:05:16]
of the city's vision and their role. So yeah, I
[2:05:18]
think if, if I can help explain that a little
[2:05:21]
bit. So, um, we brought in the information about the
[2:05:25]
first phase of development because it gave us an idea
[2:05:27]
on the cost. And so that will help us when
[2:05:30]
we start having the conversation on financing, right? Um, because
[2:05:34]
we have a lot of unknowns and we don't really
[2:05:36]
have the partners at the table. We don't, the only
[2:05:39]
thing we know right now is what an initial phase
[2:05:42]
can look like and how much that would cost, including
[2:05:45]
the infrastructure. When you talk about governance first phase or
[2:05:49]
the university district, my answer is more of it's still
[2:05:55]
in this early phase of development. And that's what we
[2:05:58]
are planning for and recommending for. It's early phase. In
[2:06:02]
the future, it's really hard to plan for something where
[2:06:06]
we don't even have anything stood up. The partners aren't
[2:06:09]
at the table negotiating. I think what the government instruction
[2:06:12]
looks like in the beginning has to be flexible enough
[2:06:15]
for it to grow and evolve as well. But as
[2:06:18]
a task force, we should be thinking just that phase
[2:06:21]
one right now. Perfect. And with flexibility, obviously. Yeah. I
[2:06:26]
mean, it's, it's, I'm sorry. But it is early development,
[2:06:29]
right? I think we are planning for governance on the
[2:06:31]
university innovation district. The university district in general, again, I
[2:06:38]
think the first phase of development is just to give
[2:06:40]
us an idea on cost of, of what it would
[2:06:43]
be to develop a first site. But we are looking
[2:06:45]
at governance throughout. It's, it's one place at the end
[2:06:48]
of the day, um, but we are in this early
[2:06:52]
concept going into formation stage. Perfect. And chair Falcon circle
[2:06:57]
back to the item you put a pin in, which
[2:07:00]
kind of corresponds with this. I'm going to just read
[2:07:03]
straight from the, in terms of scope and what the
[2:07:06]
role of this task force is with respect to governance,
[2:07:09]
it's to identify and recommend potential governance structures for the
[2:07:15]
mixed use intersegmental educational facility, including but not limited to
[2:07:19]
consortia and other collaborative models. So really the role with
[2:07:23]
respect to the deliverable for next year is identify and
[2:07:27]
recommend potential government structures, not flesh them out, not identity,
[2:07:34]
you know, and then the next stages will be identified
[2:07:36]
potential funding mechanisms, potential partnerships. So it is again, at
[2:07:42]
the very early stage and the discussions about how it
[2:07:45]
would work functionally are for a later. And the sentence
[2:07:49]
above that was for the facility or the whole district.
[2:07:52]
Cause that's what I was asking is about the space.
[2:07:55]
So what did you said something about the space in
[2:07:58]
the first part of that? Well, part of the recommendations
[2:08:02]
are distinct, but the task force is established to do.
[2:08:07]
It does say at least all of the following. So
[2:08:10]
potentially you could go further, but Identify and recommend potential
[2:08:14]
governance structures for the mixed use intersegmental educational facility. Okay.
[2:08:20]
That was the part that I was asking about. Yeah.
[2:08:22]
Thank you. For the facility. Thank you. Member on Guiana
[2:08:25]
has a question. More of a comment. I think it
[2:08:29]
is really important that we understand the full scope. It's
[2:08:32]
like building a house. You can't. How do you build
[2:08:34]
a foundation if you don't know the size of the
[2:08:36]
house? Like you're going to build things that are not
[2:08:39]
appropriate for the size and scope. So I do think
[2:08:41]
we need to consider the overall vision and site as
[2:08:45]
we develop, you know, the first phase. Thank you for
[2:08:48]
that. Any other comments, questions. The only other request I
[2:08:53]
would have is as we get the feedback from the
[2:08:56]
surveys, it would be really helpful. I think not just
[2:08:59]
for, I'm going to speak for myself, but also the
[2:09:01]
public to see, not just to see how, um, it's
[2:09:05]
interpreted and brought through. But I would love to see
[2:09:09]
the comments from the community forum. There were comment cards
[2:09:13]
I heard that were submitted. Or the comments of my
[2:09:17]
fellow task members who put in their community comments through
[2:09:21]
the survey. Because I think this generation of dialogue on
[2:09:27]
the dais is super helpful because someone will say something
[2:09:30]
and then it'll generate an iterative like comment. Like that's
[2:09:34]
the wonderful part of public meetings. Um, but if we
[2:09:37]
don't get to see the actual comments and we just
[2:09:39]
see how staff kind of interpreted to them and incorporated
[2:09:42]
them, we miss out on that richness. And I think
[2:09:45]
that's really the heart of community engagement and public meetings.
[2:09:50]
So that would be just a request, not necessarily a
[2:09:53]
question. Thank you for that. Um, if I may just
[2:09:59]
add to some of the comments, you know, when I'm
[2:10:02]
hearing about that we're looking at governance and phases as
[2:10:07]
we are continuing to develop, um, the, well, develop the
[2:10:14]
university concept. And then we talk about finance mechanisms on
[2:10:20]
the next meeting. It seems to me, and I understand
[2:10:27]
that, you know, we need to be kind of flexible
[2:10:29]
here is if we start building momentum for the finance
[2:10:34]
mechanism. It seems to me that you need a structure
[2:10:38]
of where that lands. And we can't be flexible when
[2:10:43]
it comes to public financing. That has to be crystal
[2:10:47]
clear. Are we going to trouble, right? So I don't
[2:10:49]
know if there's, if staff hasn't, uh, can provide me
[2:10:53]
some, some clarity on that. And, cause I'm trying to
[2:10:56]
get to where. We can get to a recommendation. I
[2:11:00]
don't know if we're there yet. But I like that
[2:11:05]
if we're getting into the finance mechanism next meeting, we've,
[2:11:09]
we've got to be clear on, on what, what we
[2:11:13]
can do on governance right now. Yeah. And I will
[2:11:17]
speak for myself, not for the city. Well, I will
[2:11:19]
say is that as we have been pulling together the
[2:11:21]
recommendation sort of taking in all of the, the legal,
[2:11:25]
uh, context, et cetera, we have fully recognized the interplay
[2:11:29]
between all three of these areas, these domains, governance, land
[2:11:33]
use, and financing. There's a lot of interplay and a
[2:11:36]
lot of, uh, codependencies. And so what we are bringing
[2:11:39]
to you today is a draft that should also inform
[2:11:43]
the discussions that happen when the finance recommendations come forward
[2:11:47]
and or the land use recommendations come forward. And they
[2:11:50]
all have to work together. And we'll have implications for
[2:11:52]
one another. We've begun to do some of that work
[2:11:54]
of taking that into consideration. And I'm sure more surprises
[2:11:58]
will be in store for us as we dig into
[2:12:00]
in more granularity. I would also say that we are
[2:12:03]
also trying to hold the discipline of keeping the maturity
[2:12:06]
arc in mind and being able to, um, produce recommendations
[2:12:10]
that get to the, uh, what we would like to
[2:12:13]
see going forward. Because it is, it is recommendations that
[2:12:17]
are going to be in the report, not prescription. And
[2:12:20]
so that's, I think what we're trying to hold across
[2:12:22]
both. But so you will see these come back to
[2:12:24]
you as those conversations, uh, come forward. And you should
[2:12:28]
anticipate sort of wrestling through those with us as we
[2:12:31]
go forward. Thank you for that. And, you know, as
[2:12:35]
we're thinking about governance. I'm also hearing a little bit
[2:12:39]
of, um, some themes about composition of what, um, each
[2:12:45]
of these options would look like. And so I think
[2:12:51]
even before we come up with a recommendation, I feel
[2:12:54]
like that needs to be fleshed out as well. Um,
[2:12:58]
so that we know where to sort, you know, or
[2:13:01]
we sort folks and stakeholders. Just to be clear, the
[2:13:05]
composition for the governance enterprises. Is that what we're. Any
[2:13:14]
other comments? Yes. Dr. Gade. So just kind of trying
[2:13:17]
to synthesize the conversation. I think, um, as a body,
[2:13:22]
I'm sensing a lot of questions, whether it be about
[2:13:24]
the city, kind of city role, whether it be about
[2:13:27]
the composition of the board, whether it be the, some
[2:13:30]
of the technical pieces. And well, this is not prescriptive.
[2:13:34]
I think we want to be really thorough in our
[2:13:36]
exploration and robust in our investigation. So perhaps we might
[2:13:41]
want to consider creating an ad hoc working group or
[2:13:45]
a sub body of a smaller group of us so
[2:13:48]
that we can delve deeply come back to the next
[2:13:51]
meeting with a really vetted set of questions. It's a
[2:13:56]
suggestion. Again, just giving that I'm noting the hour and
[2:13:59]
noting the dialogue, uh, that's what I'm sensing. So I
[2:14:02]
like to, to have that be part of our consideration
[2:14:05]
is perhaps we establish a NATO. Maybe we just meet
[2:14:08]
in between meetings to delve deeply with staff so we
[2:14:12]
can really kind of bring that back. I know that,
[2:14:15]
you know, I think that would help me and my
[2:14:17]
determination. These recommendations make theoretical sense. But some of the
[2:14:23]
exploration about the practical impacts I think need to be
[2:14:26]
explored a little bit more deeply. Yeah. That's an interesting
[2:14:31]
suggestion. I want to be also mindful of the scope
[2:14:35]
of staff and the consultants. But, um, I'd like to,
[2:14:41]
if there is an agreement with a group to explore
[2:14:44]
that, obviously what the parameters that would look like, um,
[2:14:49]
given baggly keen. Right. I was just going to say,
[2:14:52]
um, particularly considering that there are a few members missing,
[2:14:57]
um, from the task force today. My recommendation would be
[2:14:59]
to add a future meeting agendized, the creation of an
[2:15:03]
ad hoc so that folks can know going in that
[2:15:05]
that's a decision point that's going to be made. Um,
[2:15:08]
as opposed to sort of impromptu creation, just to avoid
[2:15:11]
any potential bag leaky issues since it would be an
[2:15:13]
action of the board. And then a reminder ad hocs
[2:15:17]
are a minority of the, it could be less than
[2:15:23]
a minority, right? It could be two of you. It
[2:15:24]
could be four of you. Um, but, and the quick
[2:15:26]
rules on the ad hoc is it has to be
[2:15:29]
limited jurisdiction, something that's finite, uh, where the clear ending
[2:15:34]
point, a regular meetings and ad hocs are not subject
[2:15:38]
to public meetings, public notice. But my recommendation just to
[2:15:43]
keep it really above board legally would be to have
[2:15:46]
that as an action item on, on a future agenda
[2:15:49]
would be appointment of an ad hoc if you're so
[2:15:50]
inclined to go in that direction. And that way you
[2:15:52]
can ensure at least the folks that aren't here, you
[2:15:56]
know, would come to the next meeting knowing that they're
[2:15:59]
missing the meeting or the appointment of the ad hoc
[2:16:01]
is coming. And maybe they can pass along their thoughts
[2:16:04]
to one of their friends on the board. Okay. Thank
[2:16:06]
you for that guidance. Um. Is there a desire to
[2:16:12]
create an ad hoc? I mean, obviously we don't want
[2:16:15]
to create more work, but, um, there are some really
[2:16:19]
substantive questions. In my mind, I obviously the city should
[2:16:23]
be part of, um, ad hoc. And I misunderstand what
[2:16:27]
you said. We can't even discuss that until the next
[2:16:29]
meeting. Or am I misunderstanding what you said for a
[2:16:34]
creation, right? Correct. We have to be an action item
[2:16:36]
for the next meeting, correct? Correct. And from what I
[2:16:39]
understand, Chair, um, Falcon is trying to glean whether the
[2:16:44]
appetite to have that as an action item on the
[2:16:46]
next meeting. You can discuss it at this point, but
[2:16:49]
you can't take the action. That's what I want to
[2:16:50]
make sure to make sure you're cool. Okay. Okay. Do
[2:16:56]
we need to have a consensus? You know, go ahead.
[2:17:00]
To the point of creating an ad hoc committee, it
[2:17:03]
would end falling within the rules that the brown act
[2:17:09]
and allows us to do. We aren't prohibited from having
[2:17:16]
a vote notifying everybody, giving the chairperson the right to
[2:17:22]
a point. A ad hoc committee. Because if we want
[2:17:26]
to have that recommendation for next meeting. And we, and
[2:17:30]
we wait till appointing ad hoc tour, next regular schedule
[2:17:34]
meeting, you know, there might be a shortcut for us
[2:17:38]
to have a vote. Or I think we aren't prohibited
[2:17:45]
from sending out a vote to all the members to
[2:17:49]
see if they would authorize the chairwoman to form an
[2:17:54]
ad hoc committee to come back with a recommendation at
[2:17:57]
our next meeting versus putting this off for six months
[2:18:01]
or whenever our next second meeting is. Because if we
[2:18:04]
appoint them. Do you have a they could, they could
[2:18:09]
authorize the chair. And nothing precludes a minority of this
[2:18:13]
body from discussing these items outside of a meeting. As
[2:18:18]
long as you don't get into a majority, right? Because
[2:18:23]
then you have an issue with Bagley keen. But if
[2:18:25]
you're inclined to empower the chair, which is not unusual
[2:18:31]
and very typical on formation about hawks, um, to create
[2:18:36]
an ad hoc or a small set, I wouldn't call
[2:18:39]
it a subcommittee because then you have other rules. But
[2:18:40]
yeah, an ad hoc group committee. You can, you could
[2:18:44]
do that. Okay. I'm hearing a consensus that there might
[2:18:50]
be interest. Okay. Yes. Remember, Alan. And then we'll have
[2:18:53]
a member in Karnassian. Thank you, Chair Falcon. I would
[2:18:56]
just offer that while, um, in ad hoc committee composed
[2:19:00]
of minority a number of members is not required to
[2:19:04]
be a public meeting. I would encourage that any meeting
[2:19:06]
that happens would be open to the public so that
[2:19:08]
this conversation continues to be open and transparent. Okay. Just
[2:19:12]
to throw that out there. Yeah. No, thank you for
[2:19:13]
that. Dr. Encarmasion and then member on Guyana. Um, I
[2:19:19]
was also totally fine. Even with an ad hoc committee.
[2:19:26]
I'm just thinking we technically only have two meetings left,
[2:19:30]
right? We have a finance and then a final report
[2:19:33]
to review. And I'm just wondering if there is an
[2:19:36]
ad hoc to think about governance. And then we have
[2:19:39]
another very robust meeting about finance that might activate more
[2:19:46]
thoughts and conversations that then might bring us back to
[2:19:49]
like wanting a tweak something that we thought about around
[2:19:52]
governance. I'm feeling like that ad hoc might need a
[2:19:57]
meet again. And then maybe. There. I mean, I don't
[2:20:00]
know how it'll turn out because we can't foresee the
[2:20:03]
future, but I also just want to throw out if
[2:20:08]
this task force wants to also just think about how,
[2:20:12]
is this an ongoing task scores? Just to be realistic
[2:20:15]
for anyone who decides they want to be on it
[2:20:18]
and do we also want to consider just the idea
[2:20:22]
that this task force might need an additional meeting. If
[2:20:27]
I may answer that. So in reading the legislation and
[2:20:30]
you raise some really important questions, uh, it's probably what
[2:20:33]
keeps me up at night, how we're going to get
[2:20:34]
through all this material before the requirement, uh, for submitting
[2:20:39]
the final report honor before July 1st, 2027. So the
[2:20:43]
number of meetings was not prescribed in the legislation. So
[2:20:46]
we could have another meeting. We specifically focused on the
[2:20:50]
four meetings, uh, land use today's governance November's finance. And
[2:20:55]
then the last meeting was to start, have a discussion
[2:20:58]
about the first draft of the report. We can add
[2:21:03]
another meeting, but we also want to be mindful that
[2:21:06]
there's a lot of work that goes on in between
[2:21:09]
the meetings. And so that's why we didn't have six
[2:21:12]
meetings versus four meetings. But we certainly can have a
[2:21:18]
subgroup or advisory group to work on some of these
[2:21:22]
issues, a minority of the task force. We can do
[2:21:24]
it publicly. Um, and then we can just be fluid
[2:21:28]
because that's part of the issue. Finance might not be
[2:21:30]
as complicated as governance actually, because you have a set
[2:21:33]
number of mechanisms and then it's the public will whether
[2:21:36]
or not we can implement those mechanisms. That was my,
[2:21:40]
that's my thinking as well. And I don't know how
[2:21:43]
everybody thinks about this, but when we go buy a
[2:21:46]
house or we go buy a car, we kind of
[2:21:48]
come in with a budget. You know what I mean?
[2:21:50]
And we understand what budget we are. I mean, we
[2:21:52]
have an expense and we know what we have and
[2:21:54]
what we don't have when we build that way instead
[2:21:56]
of, and this is the frustrating thing for me because
[2:21:59]
I don't, I don't understand like the difficulty with creating,
[2:22:03]
we're, we're kind of creating a cathedral when we really,
[2:22:05]
really right now, we need to have like, Hey, what's
[2:22:07]
the price that we need. And how are we going
[2:22:11]
to be able to finance that or reverse? I have
[2:22:14]
this amount of money that I can finance. And then
[2:22:17]
I'd like to be able to be able to have
[2:22:19]
this at least in the first phase of what we're
[2:22:21]
doing. Instead, I think we're doing like backward designs. So
[2:22:25]
it's just like we're trying to cram all these ideas
[2:22:28]
into one small thing. And I think that we have
[2:22:31]
to be very careful with that because if we're trying
[2:22:33]
to cram everything back into a smaller spot, but we
[2:22:36]
don't have the money or we don't have the, uh,
[2:22:38]
you know, the capacity to build whenever we want, then
[2:22:41]
it's kind of difficult for us to sit here and
[2:22:43]
say, Hey, we were actually doing what we were supposed
[2:22:46]
to do. So I think financing for me, and I
[2:22:50]
said this first meeting, that's the nuts and bolts. Because
[2:22:52]
that tells us what money we have, what monies we
[2:22:54]
have and what needs we don't. And we're actually able
[2:22:58]
to say, okay, then we have this space and then
[2:23:00]
we build the governance structure out that way. That's just
[2:23:04]
practical me. And I'm sorry. I just don't understand. I
[2:23:09]
mean, the concept of binationalism is great. But I mean,
[2:23:12]
we're getting into talking about how many board members on
[2:23:17]
a possible nonprofit would be from a binational committee to
[2:23:20]
have them included. And we just don't even know where,
[2:23:24]
you know, if we have the money for it, you
[2:23:26]
know, and that's to me is I might, I hope
[2:23:29]
I'm not the only one that feels that this is
[2:23:31]
a little bit, we're convoluting the process. We didn't find
[2:23:34]
out how much money we have. We don't need to
[2:23:36]
find out how much it costs. Today was the first
[2:23:37]
time I've seen a cost associated with, thank you, Adriana.
[2:23:40]
I really appreciate it. But I think that this is.
[2:23:44]
I feel like the Mandalorian. This is the way, you
[2:23:47]
know, no, thank you for your, you know, your, your,
[2:23:54]
your, your passion. I want to also get to membranguiano.
[2:23:59]
Did you want to comment on something? I just wanted
[2:24:02]
to underscore that. The finance discussion, we will be dedicating
[2:24:06]
a whole meeting to that. So we're not overlooking it.
[2:24:09]
We're not, the, the, the interplay between governance and finances
[2:24:13]
pretty significant. And so yes, just want to reassure you
[2:24:16]
that we actually have a consultant in the audience who's
[2:24:19]
working with us along with his team to really dig
[2:24:23]
into those finances and to bring you a set of
[2:24:27]
options to look at. And there are, all of them
[2:24:30]
are, you know, what's available. The question is how do
[2:24:32]
you activate them? But, um, I just want you to
[2:24:35]
know that we are certainly considering that. Member Aguiano. Well,
[2:24:40]
I was going to suggest that if we were going
[2:24:42]
to have a public meeting anyway, it might make sense
[2:24:44]
to make it a task force meeting versus an ad
[2:24:47]
hoc. So everyone can attend. And if they can't attend,
[2:24:50]
then that's fine. But it seems like a lot of
[2:24:52]
people have questions in a minority might not be enough
[2:24:54]
people that want to participate. If we can get, um,
[2:25:00]
if we can get a quorum of folks, um, for
[2:25:03]
another meeting just on governance and just to dedicate, um,
[2:25:10]
to governance, if we still cannot come up with a
[2:25:14]
recommendation, then we maybe we might need to entertain, um,
[2:25:19]
a subset group to really dig in. So we, we,
[2:25:23]
we could do that if it is, um, you know,
[2:25:27]
if the capacity for us to do that in between
[2:25:32]
now and, um, our next meeting. So we could shoot
[2:25:39]
for something in October. To give us a chance to
[2:25:43]
give you a chance to think about it, absorb, get
[2:25:46]
to comments in to Marty. And we can certainly have
[2:25:50]
a meeting. It might be an hour. Can we do
[2:25:54]
a Zoom meeting? Is that possible? No, we have to
[2:25:56]
do in person. Correct. It has to be an in
[2:25:59]
- person meeting. And then just a reminder. So the
[2:26:01]
way, as Marlene was mentioning, the interplay between governance and
[2:26:04]
financing, some financing mechanisms might not be available depending on
[2:26:08]
the governance model you choose, right? And then some governance
[2:26:12]
models make certain sorts of funding mechanisms available. Um, and
[2:26:16]
so I would just caution you from, I mean, certainly
[2:26:20]
if the task force feels strongly about a governance recommendation,
[2:26:25]
please voice that. Um, but I think the intention of
[2:26:29]
our, of our, our, of our, of the group is
[2:26:31]
to present the recommendations as options. And then present the
[2:26:34]
funding recommendations as options so that you can see how
[2:26:38]
they interplay with each other. If you choose this, you
[2:26:41]
have this funding mechanism available. If you feel very strongly
[2:26:44]
about this funding mechanism, this is no longer an option.
[2:26:47]
And so that's sort of one of the reasons why
[2:26:51]
the, you know, they're being handled sort of together governance
[2:26:55]
first. A replay of governance next along with the funding
[2:26:59]
conversation. Dr. Moore. Uh, thank you, Chair. Um, given the
[2:27:06]
last few comments, I'm wondering if it would be better
[2:27:09]
to defer the discussion of governance till after the finance
[2:27:14]
meeting. In other words, schedule another meeting after the next
[2:27:19]
meeting. That way we'll know what the finance options are.
[2:27:23]
We'll know the interplay between the governance options and the
[2:27:26]
finance options. It will give us an opportunity then to
[2:27:30]
expore in more depth. Because I agree that we, the
[2:27:34]
governance questions there are a significant number of questions that
[2:27:38]
I think we need to have an in - depth
[2:27:40]
discussion. And the meeting, frankly, just don't leave us enough
[2:27:43]
time for discussion. It's just, and it's no one's fault.
[2:27:47]
It's just the format in the complexity of the issues.
[2:27:51]
So I think rather than having something in October, it
[2:27:54]
might be better to have our next meeting about finance,
[2:27:56]
then schedule and at another, um, task force meeting. Appreciate
[2:28:03]
the sequence. Do you have a conversation? From a staff
[2:28:06]
perspective, that makes sense. I think that makes a lot
[2:28:08]
of sense. And then it gives you time to think
[2:28:11]
and then understand the relationship. And again, we have a
[2:28:15]
February meeting. We could schedule January meeting or December, but
[2:28:19]
I think January might be more effective. So we can,
[2:28:23]
if you want to, I don't know if this would
[2:28:24]
be appropriate to, you have an action item for this
[2:28:28]
item. You could, um, someone can make a motion to
[2:28:32]
have the chair work with staff to work out. The
[2:28:35]
details of establishing another, uh, task force meetings specifically to
[2:28:39]
focus on governance. Or if you just show a consensus
[2:28:44]
that that's what you'd like to do. I can entertain
[2:28:47]
a motion, if any, I move to do what, uh,
[2:28:51]
what Marlene just put in. I can't repeat it word
[2:28:54]
for word, but yeah, so there you go. I'll second.
[2:28:56]
Okay. So we have a motion by, uh, member out
[2:28:59]
on CBS seconded by a member Allen. Do we want
[2:29:06]
to repeat the motion of staff wants to, what I'm
[2:29:10]
hearing is that, um, the motion is, is to, um,
[2:29:14]
empower the chair to work with staff on sequencing an
[2:29:19]
additional meeting, uh, for governance. Um, and yeah, and then
[2:29:25]
we'll schedule that meeting. And that we may want to
[2:29:29]
identify January for your calendaring so that you have some
[2:29:33]
time to plan for this. Okay. So we have a
[2:29:36]
motion and a second all in favor. Aye. Any note
[2:29:42]
suppose. Okay. The action passes. Thank you so much. I
[2:29:46]
really appreciate this discussion was very substantive and rightly so.
[2:29:53]
Um, you know, we do have to get this right,
[2:29:55]
even though there will be, you know, potential flexibility as
[2:30:02]
the university continues to develop, um, especially if we're starting
[2:30:07]
to put meat on the bones, we do need a
[2:30:11]
structure to, you know, to house, um, these future decisions
[2:30:18]
and continuing to organize and plan for this university. So
[2:30:22]
I appreciate each and every one of your comments and
[2:30:25]
questions and, um, I hear the passion also from, from
[2:30:30]
members, um, as he speaks. So thank you. Um, any
[2:30:35]
additional comments from members before we adjourn. And thank you
[2:30:39]
so much for spending a few more minutes of your
[2:30:41]
precious time, um, in this discussion. I have a comment.
[2:30:46]
Yes. Um, I want to make sure we can legally
[2:30:49]
do this on a non agendaised item. Um. The city
[2:30:56]
of Chilevista certified the EIR for this property in 2018.
[2:31:03]
However, we have seen in California numerous times. Those certifications
[2:31:10]
challenged because of change circumstances. Um, like it or not,
[2:31:16]
us people that have grown up in the South Bay
[2:31:20]
feel somewhat of a chip on our shoulder. That we
[2:31:23]
have the only prison. We have the only toll road
[2:31:27]
in the county. You know, some of us think La
[2:31:30]
Hoya could afford that better than the people in the
[2:31:32]
South Bay. We have a sewage problem that's gone on
[2:31:36]
for five or six decades that would never happen in
[2:31:39]
La Joya incinitas. Delmar were up and down the coast.
[2:31:44]
And we have to deal with it regularly. So maybe
[2:31:47]
our chip is misplaced. But this task force has a
[2:31:52]
very, very difficult task in front of it of completing
[2:31:58]
university. And one of the things that as we get
[2:32:02]
people, if we can build on what Southwestern college has
[2:32:06]
done and bringing in USC to a South Bay campus,
[2:32:14]
one of the things that concerns me is a challenge
[2:32:17]
to the EIR that was done in 2018 when we
[2:32:25]
complete our task. We get all this done. And then
[2:32:29]
somebody doesn't like traffic. Somebody doesn't like the lighting from
[2:32:33]
the ball field. Somebody doesn't like the noise. It'll come
[2:32:35]
from the vent. And all of a sudden we find
[2:32:38]
ourselves in a lawsuit. For years. And people all over
[2:32:44]
the country, and I do business all over the country,
[2:32:48]
are afraid to come to California. Because of CEQA. The
[2:32:53]
legislature has made very clear that if proper things have
[2:32:57]
gone into place as Chulavisa did. And they certified the
[2:33:01]
EIR that you can request that that area, that 380
[2:33:06]
plus acres be exempt from CEQA. What I want to
[2:33:11]
do is cut off any future challenges that might come.
[2:33:19]
And so the question is, and I've talked to the
[2:33:22]
assembly men about this. I've talked to elected officials and
[2:33:25]
chill vised about this. And everyone supports. But the assemblyman
[2:33:31]
would like to see if this committee would recommend to
[2:33:34]
him. That we ask him to carry legislation that would
[2:33:40]
exempt. This site from future CEQA challenges. So the question
[2:33:47]
is, can we make that recommendation or do we have
[2:33:51]
to agendize that. For next meeting? Um, uh, yes, this
[2:33:57]
task force can make that recommendation. No, not today because
[2:34:01]
of today's agenda. It does go hand in hand with
[2:34:04]
governance. Um, because part of the governance task is to
[2:34:08]
identify statutory barriers and one can interpret the environmental laws
[2:34:13]
as a potential statutory barrier or future barrier for success.
[2:34:18]
So that's something that has been the case in many
[2:34:21]
times. So that's something that we can consider a staff
[2:34:26]
with respect to the final report as a recommendation on
[2:34:30]
the statutory barrier front. Um, so that would be an
[2:34:33]
item for a future meeting. Um, and we can discuss
[2:34:37]
offline. Yeah. The problem is not too future because assume
[2:34:42]
in Alvarez would have to introduce at the beginning of
[2:34:45]
the year. And so that means we have to act
[2:34:48]
this year to have, uh, the implement to act to
[2:34:52]
carry the legislation. I've talked to the speaker's office about
[2:34:55]
this and the assembly men and again to elect officials
[2:34:57]
here. Everyone seems very supportive of us completing our work.
[2:35:05]
And then finding ourselves in a lawsuit. For years and
[2:35:09]
maybe losing the project. So. If we could agendize that,
[2:35:14]
be appreciative. I think it'd be fine to have that
[2:35:15]
as part of the next discussion at the October meeting
[2:35:18]
on the front end, um, whether that's something that this
[2:35:21]
task force wants to do as part of its recommendations.
[2:35:24]
Okay. Thank you. Okay. Sure. Thank you member for bringing
[2:35:26]
that up. And we'll leave it to staff to determine
[2:35:32]
what the most appropriate way to incorporate because of the
[2:35:38]
time sensitivity with, um, the upcoming legislative, new legislative session
[2:35:44]
starting in January where that, where that conversation should be
[2:35:50]
housed, um, you know, the timeframe in our scope of
[2:35:54]
meetings. So. Thank you. Any other comments from members. All
[2:36:00]
right. With that, thank you so much everyone for, uh,
[2:36:03]
your time today on a Friday and for the rich
[2:36:06]
discussion and with that, this meeting is a meeting is
[2:36:09]
adjourned.