State Stem Cell Agency Facilities Working Group Transcript 10/2/07
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California State Stem Cell Agency
REGULAR MEETING 10-02-07
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| BRS FILE NO.: |
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| TELECONFERENCE; TUESDAY, OCTOBER 2, 2007 | ||||||||
| 6:30 P.M. | ||||||||
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| CHAIRMAN LICHTENGER: RICK, IS IT OKAY IF I CALL THE MEETING TO ORDER NOW? | ||||||||
| MR. KELLER: SURE. | ||||||||
| CHAIRMAN LICHTENGER: OKAY. SO WHY DON'T WE -- SO I'D LIKE TO CALL THE FACILITIES WORKING GROUP TO ORDER OF THE CALIFORNIA INSTITUTE OF REGENERATIVE MEDICINE, SO CAN WE JUST CALL THE ROLL, PLEASE? | ||||||||
| MR. KELLER: DAVID LICHTENGER. | ||||||||
| CHAIRMAN LICHTENGER: HERE. | ||||||||
| MR. KELLER: DAVID SERRANO-SEWELL. | ||||||||
| MR. SERRANO-SEWELL: HERE. | ||||||||
| MR. KELLER: MARCY FEIT. DEBORAH HYSEN. | ||||||||
| MS. HYSEN: HERE. | ||||||||
| MR. KELLER: ED KASHIAN. ROBERT KLEIN. | ||||||||
| MR. KLEIN: HERE. | ||||||||
| MR. KELLER: STUART LAFF. | ||||||||
| MR. LAFF: HERE. | ||||||||
| MR. KELLER: JEFF SHEEHY. JOAN SAMUELSON. | ||||||||
| MS. SAMUELSON: HERE. | ||||||||
| MR. KELLER: AT THIS POINT WE HAVE SIX MEMBERS, WHICH IS NOT A QUORUM; BUT AS SUGGESTED, WE CAN HAVE DISCUSSIONS, BUT UNTIL WE HAVE THE QUORUM, WE CAN'T TAKE A VOTE. | ||||||||
| CHAIRMAN LICHTENGER: THAT'S FINE, RICK. RICK, IF YOU COULD GO AHEAD AND GIVE EVERYONE AN OVERVIEW OF THE DOCUMENT AND ALSO JUST GO OVER THE DATE JUST TO MAKE SURE EVERYBODY HAS GOT THE RIGHT DOCUMENT IN FRONT OF THEM. | ||||||||
| MR. KELLER: SURE. THE ITEM ON YOUR AGENDA TODAY FOR CONSIDERATION OF THE GRANTS ADMINISTRATION POLICY OR GAP RELATED TO FACILITIES WILL ALLOW THE INSTITUTE TO ADVISE APPLICANTS AND ULTIMATELY GRANTEES FOR THE LARGE FACILITIES GRANT TO UNDERSTAND THE RULES AND REGULATIONS THAT WILL APPLY TO THOSE GRANTS THAT ARE SPECIFIC TO THE MAJOR FACILITIES GRANT. | ||||||||
| MANY OF THESE PROVISIONS ARE SIMILAR TO THE PROVISION THAT YOU REVIEWED -- SET THAT YOU ADOPTED, THE GAP PROVISIONS, FOR THE SHARED RESEARCH AND STEM CELL COURSE RFA. ALL I WANT TO DO IS GO VERY BRIEFLY OVER THE FACT THAT WE HAVE DISTRIBUTED AN INITIAL VERSION OF THE DRAFT GAP ON SEPTEMBER 19TH AFTER REVIEW BY THE CIRM INTERIM PRESIDENT. AND RICHARD MURPHY IS HERE AS WELL IN ATTENDANCE FOR YOU ON THE PHONE TO KNOW. AND IN THE COURSE OF REVIEWING THAT DOCUMENT, ADDITIONAL REVISIONS WERE RECEIVED, AND ON SEPTEMBER 28TH A REVISED VERSION OF THE PROPOSED GAP WAS SENT AND POSTED ON THE INTERNET. SO YOU SHOULD HAVE THE DOCUMENT THAT IS DATED FACILITIES WORKING GROUP MEETING OCTOBER 2D. I DON'T KNOW IF WE HAVE A VERSION CONTROL ON THE ACTUAL DOCUMENT, BUT I THINK IF YOU'RE USING THE ONE THAT YOU RECEIVED LAST FRIDAY, THAT IS THE VERSION THAT WE'RE WORKING FROM. | ||||||||
| SO IF EVERYBODY IS WITH THAT, I WANT TO JUST GO OVER BRIEFLY THE PROVISIONS OF THE GAP THAT DEAL -- THE AREAS THAT IT DEALS WITH PRIMARILY DEAL WITH PROPOSITION 71 REQUIREMENTS THAT WE DISCUSSED AT OUR MEETINGS PREVIOUSLY AND THEN THE POLICY ISSUES THAT WERE ALSO DISCUSSED BY THE FACILITIES WORKING GROUP. | ||||||||
| SO THE ASPECTS THAT ARE REQUIRED BY PROPOSITION 71 DEAL WITH THE ELIGIBILITY THAT'S CONTAINED IN THE DRAFT UNDER CHAPTER VIII, SECTION A, ELIGIBILITY, PREFERENCE FOR CALIFORNIA SUPPLIERS NONPROFIT. | ||||||||
| THE OTHER MAJOR AREA IN TERMS OF THE FACILITIES WORKING GROUP POLICY OR RECOMMENDATIONS TO THE ICOC DEAL WITH ISSUES THAT ARE CONTAINED IN SECTION 8 BEGINNING WITH C -- I'M SORRY -- I SKIPPED OVER. SECTION B DEALS WITH THE PREVAILING WAGE, WHICH IS A REQUIREMENT WITHIN PROP 71. | ||||||||
| SO IN THE DRAFT BEFORE YOU, AS YOU GO DOWN THE PROVISIONS FOR EQUIPMENT, WHICH MAY BE AMENDED LATER, MATCHING FUNDS, WHICH WE HAVE ESTABLISHED TO BE 20 PERCENT CASH CONTRIBUTION, THE NOTION OF PROJECT LEVERAGE, WHICH IS ALL OF THE OTHER APPLICANTS' INVESTMENT IN THE PROJECTS BEYOND THE 20 PERCENT CASH MATCH, THERE'S A PROVISION F THAT DEALS WITH THE COMMITMENT OF THE APPLICANT TO USE THE SPACE FOR TEN YEARS FOR STEM CELL RESEARCH. | ||||||||
| AND ITEM G IS A RECOGNITION OF CIRM FUNDING SO THAT CIRM IS ENGAGED IN CEREMONIES AND HAS THE ABILITY TO HAVE NAMING OF FACILITIES. | ||||||||
| AND LASTLY, UNDER OVERSIGHT AND PAYMENT PROCEDURES UNDER H, THIS IS THE AREA THAT DEALS WITH HOW CIRM WILL ACTUALLY PAY FUNDS TO THE GRANTEES AS WELL AS UNDERTAKE PROGRESS REPORTS AND CONDUCT POSTAUDITS. | ||||||||
| SO YOU'VE ALL HAD A CHANCE TO REVIEW THIS, BUT I WANTED TO MAKE SURE THAT YOU UNDERSTOOD ALL OF THE SECTIONS THAT WE WERE DEALING WITH. THE ONE MAJOR AREA OF REVISION FROM THE ORIGINAL DRAFT TO THE ONE YOU RECEIVED ON SEPTEMBER 28TH DEALT WITH THE PROVISION FOR PAYMENT. AND CHAIRMAN KLEIN, IF THERE'S A NEED TO GO INTO THAT MORE FULLY, YOU COULD EXPLAIN SOME OF THE ASPECTS OF THAT SECTION H. | ||||||||
| MR. KLEIN: LET ME JUST TAKE A MOMENT. FIRST OF ALL, JUST AS A POINT OF INFORMATION, ON SUBSECTION VIII, CAPITAL B, THAT CHANGE IS MERELY TO PICK UP LANGUAGE STRAIGHT OUT OF THE INITIATIVE TO SHOW THAT THE PREVAILING WAGE REQUIREMENT IS MEANT TO APPLY SPECIFICALLY AND ONLY TO CONSTRUCTION. | ||||||||
| MR. KELLER: CORRECT. | ||||||||
| MR. KLEIN: THE SECTION THAT YOU'RE REFERRING TO MERELY CONFIRMS AN OPTION TO HAVE ALTERNATIVE FUNDING METHODOLOGIES. IT PROVIDES A METHODOLOGY TO FUND AT THE -- AS THE FUNDS COME IN, IT PROVIDES A METHODOLOGY TO MAKE PROGRESS PAYMENTS OR IT PROVIDES A METHODOLOGY TO FUND AFTER THE MATCHING FUNDS ARE IN, BUT AT THE FRONT END OF THE PROJECT. THE CONCEPT OF PRESERVING THAT OPPORTUNITY IS THAT IT MAY BE VIEWED BY THE INSTITUTIONS AS A VERY HIGH COST IF THEY HAVE TO WAIT TO THE END OF THE PROJECT AND FOR AUDITS TO GET THE FUNDS IN. | ||||||||
| NOW, IN ANY CASE, THEY WOULD HAVE A COMPLETION GUARANTEE IN ANY CASE. THEY WOULD HAVE PROVISIONS DEALING WITH NONPERFORMANCE WHERE THEY HAVE TO GUARANTEE TO RETURN FUNDS IF THEY HAVEN'T PERFORMED, OR IF THERE'S A SAVINGS IN THE COST OF THE PROJECT TO PROPORTIONALLY RETURN FUNDS; IS THAT RIGHT, RICK? | ||||||||
| MR. KELLER: YES. | ||||||||
| MR. KLEIN: SO WHAT WE'RE DOING HERE IS PRESERVING AN OPPORTUNITY WHICH CAN BE VETTED AND DEVELOPED WITH OUTSIDE (INAUDIBLE) OVER TIME. IS THAT MARCY FEIT? | ||||||||
| MR. SHEEHY: JEFF SHEEHY. HOW ARE YOU, BOB? | ||||||||
| MR. KLEIN: HI. I'M FINE. AND, JEFF, LET ME TURN IT BACK TO THE CHAIRMAN FOR A SECOND BECAUSE HE'S GOING TO BE OVERJOYED TO KNOW YOU'RE ON THE PHONE. | ||||||||
| CHAIRMAN LICHTENGER: THANKS, BOB. JEFF, THANKS FOR JOINING US. (INAUDIBLE) HAVE A QUORUM. ARE YOU THERE, RICK? | ||||||||
| MR. KELLER: YEAH. I'M HERE. I CAN BARELY HEAR YOU, DAVID. I THINK WHAT YOU SAID IS WE NOW HAVE A QUORUM AND THE WORKING GROUP HAS THE ABILITY TO CONDUCT ITS BUSINESS BY VOTE OF A QUORUM. | ||||||||
| CHAIRMAN LICHTENGER: IS THAT BETTER NOW? | ||||||||
| MR. KELLER: YES. VERY GOOD. | ||||||||
| CHAIRMAN LICHTENGER: JEFF, RIGHT NOW WE'RE VIEWING SECTION H, BOB -- | ||||||||
| MR. KLEIN: H. | ||||||||
| CHAIRMAN LICHTENGER: YES. -- IN THE DOCUMENT. IT SHOULD BE FROM LORI. I BELIEVE IT WAS DATED FRIDAY; IS THAT CORRECT, FRIDAY 9/2/08 AT 4 O'CLOCK? | ||||||||
| MR. SHEEHY: YEAH. I FIGURE YOU'RE LOOKING AT THE FACILITIES GAP, RIGHT? | ||||||||
| CHAIRMAN LICHTENGER: CORRECT. | ||||||||
| MR. SHEEHY: I'VE LOOKED AT IT, SO I'M FAMILIAR WITH IT. | ||||||||
| MR. KLEIN: SO, JEFF, I WAS JUST SUMMARIZING THAT IN SECTION H, ALL WE'RE DOING HERE IS PRESERVING THREE DIFFERENT PAYMENT OPTIONS, AND WE WILL VET THESE AS WE PROGRESS, CONFIRM EACH OPTION WITH OUTSIDE COUNSEL, AND REALLY LOOK TO UNCOVER WHETHER OR NOT ONE OR THE OTHER OF THESE OPTIONS PROVIDES SUCH A SIGNIFICANT SAVINGS TO THE INSTITUTIONS, THAT WHEN THEY -- IN FEBRUARY WHEN THEY SUBMIT THEIR -- OR THE END OF JANUARY WHEN THEY SUBMIT THEIR APPLICATION FOR THE SECOND PART OF THE FACILITIES PROCESS, THAT IF THEY WERE TO ELECT ONE OF THESE OPTIONS, THEY UNDER CERTAIN OPTIONS MIGHT BE ABLE TO REDUCE THE COST TO THE AGENCY OF BUILDING THAT OPTION. | ||||||||
| SO AT THIS POINT WE'RE MERELY PRESERVING THOSE OPTIONS FOR STUDY. I DON'T HAVE ANY OTHER COMMENTS, RICK. | ||||||||
| MR. KELLER: I WOULD JUST OFFER ONE CLARIFICATION NOW WE HAVE A QUORUM ON THE PHONE, THAT IN THE DRAFTING OF ITEM F, WE HAVE SHORTENED THAT TO BASICALLY SAY THAT GRANTEES MUST ASSIGN CIRM-FUNDED FACILITIES TO STEM CELL-RELATED RESEARCH FOR A MINIMUM OF TEN YEARS. HOWEVER, THE FIRST SENTENCE UNDER F, THAT'S ON PAGE 4, STILL SEEMS TO SOMEWHAT RESTRICT THE USE OF THE FACILITIES TO CIRM RESEARCH GRANTS. AND OUR INTENT THERE IS TO ALLOW THE BUILDINGS TO BE USED FOR STEM CELL RESEARCH FROM CIRM-FUNDED AND OTHER SOURCES. | ||||||||
| SO I'M SUGGESTING A STAFF REVISION AT THIS TIME THAT THE FIRST SENTENCE UNDER F BE REPLACED WITH A STATEMENT THAT SAYS CIRM-FUNDED FACILITIES WILL HOUSE STEM CELL AND RELATED RESEARCH FUNDED BY CIRM AND OTHER SOURCES. | ||||||||
| MR. KLEIN: AND, RICK, THIS IS BOB KLEIN. MY UNDERSTANDING IS THAT DR. MURPHY IS SUPPORTIVE OF THAT; IS THAT CORRECT? DR. MURPHY IS HERE AND HE IS SAYING THAT HE IS SUPPORTIVE OF THAT. | ||||||||
| MR. CHAIRMAN, IN TERMS OF TECHNICAL JUST AS A CLEANUP ITEM, UNDER H(3)(C) ON LINE 5 AT THE RIGHT MARGIN, IT SAYS, "PRESIDENT DETERMINES THAT ALL REQUIREMENTS HAVE BE SATISFIED." I THINK THAT SHOULD BE BEEN, HAVE BEEN SATISFIED. | ||||||||
| CHAIRMAN LICHTENGER: RIGHT. THAT'S FINE. | ||||||||
| MR. KLEIN: OKAY. | ||||||||
| CHAIRMAN LICHTENGER: I DON'T THINK WE NEED TO CALL A VOTE ON THAT, BOB. WE CAN JUST CLEAN THAT UP; IS THAT CORRECT? | ||||||||
| MR. KELLER: AS AMENDED WE'LL ADOPT IT. | ||||||||
| CHAIRMAN LICHTENGER: AND THEN SO DO WE NEED -- ON YOUR SUGGESTION, RICK, DO WE NEED TO ACTUALLY -- I GUESS WE CAN INCORPORATE IT, AND THEN WE CAN TRY TO VOTE ON THE WHOLE DOCUMENT. | ||||||||
| MR. KELLER: THAT'S RIGHT. | ||||||||
| MR. SERRANO-SEWELL: DAVID LICHTENGER, THIS IS DAVID SERRANO-SEWELL. IT MIGHT BE A GOOD TIME, I THINK, AS YOU STATED, TO TAKE ANY QUESTIONS FROM THE COMMITTEE MEMBERS IF THERE ARE ANY. IF NOT, I AM PREPARED TO MAKE A MOTION TO APPROVE THE GAP WITH THE AFOREMENTIONED CHANGES AND RECOMMEND IT FOR APPROVAL TO THE ICOC. | ||||||||
| CHAIRMAN LICHTENGER: YEAH. BEFORE WE -- I OPEN UP THE FLOOR, I JUST WANT TO MENTION THAT I HAVE SPENT SOME SIGNIFICANT TIME REVIEWING THIS WITH STAFF, AND I FEEL COMFORTABLE WITH WHERE WE'RE AT ON THIS AND THE PROCESS WE PUT THIS THROUGH. BUT NOW AT THIS POINT I DO WANT TO OPEN UP FOR ANY COMMENTS BY THE WORKING GROUP. | ||||||||
| MS. SAMUELSON: THIS IS JOAN. I DON'T HAVE ANY QUESTIONS. IT SEEMS QUITE STRAIGHTFORWARD, AND THANKS FOR ALL THE TIME YOU'VE PUT INTO IT. | ||||||||
| CHAIRMAN LICHTENGER: THANKS, JOAN. ANYONE ELSE? | ||||||||
| MS. HYSEN: THIS IS DEBORAH. I THINK IT LOOKS GREAT. | ||||||||
| CHAIRMAN LICHTENGER: JEFF. | ||||||||
| MR. SHEEHY: LOOKS GREAT TO ME TOO. | ||||||||
| CHAIRMAN LICHTENGER: OKAY. SO THEN IF DAVID IS PUTTING FORTH THE MOTION TO APPROVE THE DOCUMENT AS EXISTS -- | ||||||||
| MR. SERRANO-SEWELL: WITH YOUR AMENDMENT TO SECTION F AND BOB'S CLEANUP IN SECTION H(3). | ||||||||
| CHAIRMAN LICHTENGER: OKAY. | ||||||||
| MR. KELLER: AT THIS POINT IT WOULD BE APPROPRIATE TO OFFER -- | ||||||||
| MR. KLEIN: THERE NEEDS TO BE A SECOND FIRST. | ||||||||
| CHAIRMAN LICHTENGER: I'LL SECOND IT. | ||||||||
| MR. KLEIN: OKAY. | ||||||||
| MR. KELLER: I'M SORRY. DAVID SERRANO-SEWELL WAS THE MAKER OF THE MOTION AND THE SECOND. | ||||||||
| MR. SERRANO-SEWELL: I MADE THE MOTION; DAVID LICHTENGER SECONDED THE MOTION. MY MOTION INCLUDED DAVID LICHTENGER'S CHANGE TO SECTION F AND THE LITTLE CHANGE TO SECTION H THAT BOB HAD SUGGESTED. SO MY MOTION ENCOMPASSES THOSE CHANGES. SO WE ALREADY HAD A SECOND. IF NOT, DAVID ARE YOU PREPARED TO CALL THE ROLL CALL FOR A VOTE? | ||||||||
| MR. KLEIN: WE AT THIS POINT, DAVID SERRANO-SEWELL, THAT WE HAVE A NUMBER OF PUBLIC MEMBERS THAT YOU CAN'T SEE THAT ARE PRESENT HERE IN SAN DIEGO. | ||||||||
| MR. SERRANO-SEWELL: THANK YOU. | ||||||||
| CHAIRMAN LICHTENGER: SO, BOB, IF YOU COULD PLEASE WORK WITH RICK ON HAVING ANYONE WHO WANTS TO COMMENT ON THIS COME UP AND STATE THEIR NAME AND AFFILIATION. | ||||||||
| MR. KLEIN: OKAY. FIRST OF ALL, MELISSA, IS THERE A CLARIFICATION? DID MARCY JUST JOIN? NO. OKAY. SO IN THE AUDIENCE HERE, JOHN, YOU HAVE A POINT OF INFORMATION? | ||||||||
| MR. SIMPSON: YEAH. JOHN SIMPSON FROM THE FOUNDATION FOR TAXPAYER AND CONSUMER RIGHTS. I'M A LITTLE BIT CONCERNED FROM THE PROCESS SIDE OF THINGS. I DOWNLOADED THE DOCUMENT FROM YOUR WEBSITE, WHICH DOES NOT SEEM TO BE THE DOCUMENT THAT'S BEING DISCUSSED NOW; IS THAT CORRECT, BUT THEN THERE WAS NO INDICATION THAT I SAW THAT IF THINGS HAD CHANGED, THEY HAD BEEN REPOSTED. | ||||||||
| MR. KELLER: IT WAS REPOSTED ON FRIDAY. I CHECKED IT MYSELF. | ||||||||
| MR. SIMPSON: I GUESS THE POINT, IT DIDN'T SHOW UP AS A NEW -- OR NO INDICATION THAT I COULD SEE THAT A NEW DOCUMENT HAD BEEN POSTED. SO I JUST SUGGEST IN THE FUTURE, IF THINGS CHANGE, THERE NEEDS TO BE SOME -- | ||||||||
| MR. KELLER: NOTICE THAT A REVISED DRAFT -- | ||||||||
| MR. SIMPSON: -- OH, BY THE WAY, WE'VE A GOT A NEW -- | ||||||||
| MR. KLEIN: SO MAYBE WE COULD PUT A HEADLINER ON IT THAT SAYS AS NOTED, THIS IS A REPOSTING. IT WOULD BE HELPFUL TO EVERYONE. | ||||||||
| MR. SIMPSON: AND THE OTHER ISSUE HERE TOO, I GUESS I'M A LITTLE PUZZLED PERHAPS BY THE EMPHASIS I GUESS IT WOULD BE TO LETTER G. ARE YOU SAYING THAT YOU ARE GOING TO REQUIRE THAT EVERY ONE OF THE BUILDINGS CARRIES A NAME SOMEHOW CALIFORNIA INSTITUTE OF REGENERATIVE MEDICINE BUILDING? IS THAT WHAT THAT IMPLIES? | ||||||||
| MR. KELLER: THAT'S WHAT IT STATES, YES. FOR THE MAJOR BUILDINGS OR ADDITIONS, THERE WILL BE SOME SORT OF RECOGNITION OF CIRM IN THE NAMING OF THE BUILDING, THE WING, THE LABS, WHATEVER. | ||||||||
| MR. KLEIN: BUT LET ME ASK SO I CAN UNDERSTAND THIS. CERTAINLY IF THERE'S A MAJOR DONOR IN A BUILDING, THAT COULD BE THE DOMINANT NAME OF THE BUILDING. SO WE'RE SUGGESTING FORMAL RECOGNITION, BUT WE CERTAINLY RECOGNIZE THE IMPORTANCE OF DONOR LEADERSHIP, RIGHT? | ||||||||
| MR. KELLER: WE SAY THE NAMING NAME INCLUDE RECOGNITION OF OTHER DONORS, HONOREES, OR CONTRIBUTORS. | ||||||||
| MR. KLEIN: YES. SO WE'RE NOT SUGGESTING THAT -- WE'RE SUGGESTING ONLY THAT THE VOTERS BE RECOGNIZED FOR THEIR COMMITMENT TO THE PROJECT, BUT NOT THAT THEY BE THE DOMINANT NAME ON THE BUILDING. IS THAT AN APPROPRIATE STATEMENT? | ||||||||
| MR. KELLER: I THINK THAT WAS THE INTENT OF THE PASSAGE WITH THAT CLARIFICATION, AND WE SPECIFICALLY HAD THE PROVISION THAT THE NAMINGS WOULD BE SUBMITTED TO THE ICOC PRIOR TO COMPLETION OF CONSTRUCTION FOR THAT VERY REASON, SO THAT THERE WOULD BE THE OPPORTUNITY TO UNDERSTAND FROM THE APPLICANT OR GRANTEES, RATHER, THEIR LOGIC FOR HOW THEY'RE GOING TO MEET THE REQUIREMENTS OF THIS SECTION. | ||||||||
| MR. KLEIN: OKAY. | ||||||||
| MR. SIMPSON: WHAT HAPPENS IF THEY COME UP WITH A NAME AND YOU DON'T LIKE IT? | ||||||||
| CHAIRMAN LICHTENGER: COULD YOU REPEAT THAT, JOHN? | ||||||||
| MR. KLEIN: JOHN SIMPSON'S POINT IS WHAT HAPPENS IF THEY SUBMIT A NAME AND THE BOARD DOESN'T LIKE IT. THERE'S BEEN DISCUSSION AT THE BOARD ON POLICY RELATED TO NAMING, AND THOSE DISCUSSIONS WENT TO THE ISSUE OF NOT THE AESTHETICS OR THE RHYMING NATURE OF THE NAME, BUT MORE SUBSTANTIVE ISSUES OF IS THE PERSON OR ENTITY THEY'RE NAMING AFTER IT HAVE SOME VERY NEGATIVE, UNETHICAL CONDUCT OR OTHER ASSOCIATION THAT WOULD POORLY REFLECT ON SCIENCE AND THE STATE OF CALIFORNIA. SO IT WASN'T MEANT TO BE A QUESTION OF TASTE, BUT RATHER OF THE HIGHEST ETHICS -- HIGHEST STANDARDS OF MORALS. IS THAT AN ACCURATE STATEMENT, MR. CHAIRMAN AND MR. VICE CHAIRMAN? | ||||||||
| MR. SERRANO-SEWELL: YES. IT'S MY UNDERSTANDING, YES. | ||||||||
| CHAIRMAN LICHTENGER: THAT'S IN KEEPING WITH MY UNDERSTANDING AS WELL, BOB. | ||||||||
| MR. KLEIN: THIS IS DUANE, A MEMBER OF THE BOARD, DUANE ROTH WHO IS SPEAKING. | ||||||||
| MR. ROTH: I READ THIS YESTERDAY AND HAD THE SAME REACTION TO IT, THAT THE WAY IT'S WRITTEN NOW, IT'S REALLY OPEN TO INTERPRETATION THAT MAY RESTRICT THE DONOR FROM SAYING THAT THEY WOULD MAKE A DONATION TO THIS IF THEY CANNOT BE LISTED AS THE PRIMARY -- | ||||||||
| MR. KLEIN: AS THE PRIMARY. | ||||||||
| MR. ROTH: -- RECOGNITION FOR THAT. THE WAY THAT'S WORDED, SOMEBODY COULD EASILY TAKE THE POSITION THAT THAT HAS TO BE CO-EQUAL BILLING, AND I THINK THAT GETS CUMBERSOME. | ||||||||
| MR. KLEIN: SO, MEMBER ROTH, ARE YOU ASKING THAT THERE BE -- THAT THE COMMITTEE ADOPT A SENSE OF AMENDMENT WHERE THE STAFF WOULD BE DIRECTED TO CLARIFY WITHIN THIS SECTION THE FACT THAT THE OUTSIDE PRIMARY DONOR FOR THE BUILDING WOULD GET THE PRIMARY RECOGNITION? | ||||||||
| MR. ROTH: I THINK YOU SHOULD MAKE THAT A STRONG VOTE (INAUDIBLE). | ||||||||
| MR. KLEIN: OKAY. MR. CHAIRMAN AND MR. VICE CHAIRMAN, MEMBER ROTH HAS A REQUEST. WHAT IS YOUR VIEW OF THE REQUEST? | ||||||||
| MR. SERRANO-SEWELL: AS THE MATTER OF THE MOTION AND MY ESTEEMED COLLEAGUE, I WOULD ACCEPT HIS FRIENDLY AMENDMENT AS ARTICULATED BY BOB KLEIN. AND WE CAN GET THAT -- HOPEFULLY WE CAN WORK ON THAT TONIGHT, DUANE; AND SO WHEN WE HAVE A DOCUMENT FOR THE ICOC TOMORROW, IT WILL REFLECT THAT CHANGE. | ||||||||
| CHAIRMAN LICHTENGER: I WOULD SUPPORT THAT, DAVID, BOB. I WOULD SUPPORT THAT. | ||||||||
| MR. SERRANO-SEWELL: BOB, ARE THERE ANY OTHER COMMENTS FROM THE PUBLIC? | ||||||||
| MR. KLEIN: ARE THERE ANY OTHER COMMENTS FROM THE PUBLIC? YES. | ||||||||
| MR. JENSON: DAVID JENSON WITH THE CALIFORNIA STEM CELL REPORT. ONE QUESTION HERE. | ||||||||
| MR. KLEIN: CAN YOU HEAR, DAVID? | ||||||||
| MR. SERRANO-SEWELL: YES, WE CAN. | ||||||||
| MR. JENSON: ONE QUESTION HERE ON THE NAMING PROPOSAL, IT SEEMS LIKE THIS MAY NOT BE A MATTER THAT THE ICOC WOULD WANT TO BRING UP. YOUR SPECIFIC MENTION OF CHARACTER, PERSONALITIES, OR PAST BEHAVIOR IS A QUESTIONABLE RECOLLECTION. WHAT IF MICHAEL MILKEN FOR A SPECIFIC EXAMPLE CAME UP? I MEAN THERE'S DIFFERENT VIEWS ABOUT THAT. | ||||||||
| CHAIRMAN LICHTENGER: BOB, I DON'T THINK IT'S -- I WOULDN'T WANT TO SUPPOSE ANYTHING, AND I REALLY THINK THAT WE'VE GOT TO LEAVE ENOUGH FLEXIBILITY IN LANGUAGE TO ALLOW THIS TO TAKE SOME COURSE AND SEE WHAT THE ICOC SAYS OF THIS. | ||||||||
| MR. SERRANO-SEWELL: OKAY. ARE THERE ANY OTHER COMMENTS FROM THE PUBLIC? | ||||||||
| MR. KLEIN: YES, THERE IS ONE MORE COMMENT FROM THE PUBLIC. | ||||||||
| MR. COFFMAN: LOUIS COFFMAN FROM THE -- | ||||||||
| THE REPORTER: EXCUSE ME. CAN YOU REPEAT THE NAME AGAIN? | ||||||||
| MR. KLEIN: COULD YOU COME TO THE FRONT, PLEASE, AND RESTATE YOUR NAME SO THEY CAN ALL HEAR YOU. | ||||||||
| MR. COFFMAN: MY NAME IS LOUIS COFFMAN. I'M WITH THE SAN DIEGO CONSORTIUM. MY QUESTION HAS TO DO WITH SECTION D, SECOND LINE, MATCHING FUNDS EQUAL TO 20 PERCENT OF THE CIRM AMOUNT. CAN WE CLARIFY THIS? IS IT TO BE THE GRANT AWARD? CIRM AMOUNT IS -- I THINK IT'S ASSUMED, BUT JUST TO MAKE SURE, IT'S THE GRANT AWARD. | ||||||||
| MR. SERRANO-SEWELL: THAT'S LANGUAGE THAT'S IN PROP 71. | ||||||||
| MR. COFFMAN: SO DOES PROP 71 SUGGEST THAT IT IS THE GRANTS AWARD? I WANTED TO CLARIFY IT. THAT'S ALL. | ||||||||
| MR. SERRANO-SEWELL: THAT IS -- IT'S MY UNDERSTANDING. THIS IS DAVID SERRANO-SEWELL SPEAKING. WHAT YOU STATED IS WHAT'S REFLECTED IN THE CURRENT LANGUAGE. SO, YES, THAT IS OUR UNDERSTANDING. I DON'T THINK WE NEED TO CHANGE THE LANGUAGE, BUT THAT'S THE ANSWER TO YOUR QUESTION. | ||||||||
| ARE THERE OTHER MEMBERS OF THE PUBLIC? | ||||||||
| MR. KLEIN: YES. MR. JENSON HAS ANOTHER COMMENT. | ||||||||
| MR. JENSON: QUESTION ON PROJECT LEVERAGE. AM I CORRECT IN ASSUMING THAT WHEN IT SAYS THAT LEVERAGE COULD INCLUDE FUNDS USED TO PURCHASE LAND AND THE REFERENCE IS AT ANY TIME, IF THIS LAND WAS PURCHASED 50 YEARS AGO, THOSE FUNDS COULD BECOME LEVERAGE NOW IN A GRANT? | ||||||||
| MR. KLEIN: THE QUESTION THAT'S BEEN PUT FORWARD, MR. CHAIRMAN, MR. VICE CHAIRMAN, WOULD YOU LIKE STAFF TO ADDRESS THAT? | ||||||||
| CHAIRMAN LICHTENGER: YES, PLEASE. RICK. | ||||||||
| MR. KELLER: WELL, THE INTENTION HERE IS THAT IF THERE WAS AN OUTLAY SPECIFICALLY FOR THE PURPOSE OF SECURING A SITE FOR A BUILDING, THEN THAT OUTLAY AT THE COST TO THE INSTITUTION, NOT AT THE APPRAISED VALUE OR THE CIRCUMSTANCE THAT WOULD CREATE SOME SORT OF CALCULATED VALUE, THAT IN THE FORMER CASE WHERE THERE WAS AN OUTLAY, THAT AMOUNT OF MONEY WOULD BE ALLOWED AS PART OF THE LEVERAGE, BUT NOT GOING BACK DECADES TO WHEN LAND WAS PURCHASED AND THEN -- IT WOULD HAVE TO BE SPECIFICALLY RELATED TO THE FACT THAT IT WAS FOR THE PURPOSE OF ESTABLISHING THIS BUILDING FOR THE CIRM PURPOSE. SO IT'S CLEARLY A CAMPUS IS PURCHASED FOR THE PURPOSE OF ACADEMIC RESEARCH INSTITUTION, NOT FOR THE CIRM BUILDING. | ||||||||
| MR. SERRANO-SEWELL: RICK, THANK YOU FOR THAT CLARIFICATION. ARE THERE ANY OTHER COMMENTS FROM THE PUBLIC? IF NOT, THEN CHAIRMAN LICHTENGER, IF WE CAN PROCEED TO THE VOTE. | ||||||||
| CHAIRMAN LICHTENGER: SURE. | ||||||||
| MR. KLEIN: WOULD YOU LIKE TO ASK -- DR. MURPHY IS HERE. WOULD YOU LIKE TO ASK IF HE HAS ANY INPUT? | ||||||||
| MR. SERRANO-SEWELL: UNLESS IT'S GOING -- THIS IS DAVID SERRANO-SEWELL SPEAKING. I DON'T WANT TO -- IF RICHARD WANTS TO SPEAK, BY ALL MEANS WE SHOULD HAVE HIM SPEAK, BUT WE'RE GOING TO LOSE QUORUM SHORTLY, SO I'D LIKE TO TAKE A VOTE. | ||||||||
| DR. MURPHY: I'M FINE WITH IT. ONE STATEMENT THAT SAYS CIRM IN THE NAMING OF THE BUILDING, BY SAYING IN THE NAMING OR DESIGNATION OF THE BUILDING CIRM IS BEING (INAUDIBLE). OTHER THAN THAT, I'M VERY COMFORTABLE WITH THE STATEMENT. IT'S AN ENORMOUS AMOUNT OF WORK PUT INTO THIS DOCUMENT BY THIS COMMITTEE. AND ON BEHALF OF EVERYONE AT CIRM, I WANT TO THANK YOU ALL. | ||||||||
| CHAIRMAN LICHTENGER: DR. MURPHY, THIS IS DAVID LICHTENGER. SO YOU'RE SAYING THE NAMING OR DESIGNATION. HOW DO THE MEMBERS FEEL ABOUT ADDING THAT LANGUAGE IN? | ||||||||
| MR. SERRANO-SEWELL: DAVID, WHAT I THOUGHT WE WERE GOING TO DO IS WHAT BOB HAD ARTICULATED DUANE ROTH'S REQUEST. WE'VE GOT SOME FURTHER SORT OF COMMENTS FROM RICHARD. I'M COMFORTABLE IN MY MOTION JUST SORT OF LETTING RICHARD MURPHY WORK AND HIS STAFF PUT TOGETHER SOME LANGUAGE FOR THE ICOC'S CONSIDERATION TOMORROW. I DON'T THINK WE NEED TO GET IN THE WEEDS ON THIS SECTION. HE PRETTY CLEARLY UNDERSTANDS THE INTENT THAT'S ENCOMPASSED IN MY MOTION. SO IN THAT SPIRIT, IF WE COULD JUST GO -- | ||||||||
| CHAIRMAN LICHTENGER: SURE. I'D LIKE TO -- RICK, I'D LIKE TO VOTE ON THE MOTION. CAN YOU CALL ROLL, PLEASE. | ||||||||
| MR. KELLER: CERTAINLY. DAVID LICHTENGER. | ||||||||
| CHAIRMAN LICHTENGER: YES. | ||||||||
| MR. KELLER: DAVID SERRANO-SEWELL. | ||||||||
| MR. SERRANO-SEWELL: YES. | ||||||||
| MR. KELLER: MARCY FEIT. DEBORAH HYSEN. | ||||||||
| MS. HYSEN: YES. | ||||||||
| MR. KELLER: ED KASHIAN. ROBERT KLEIN. | ||||||||
| MR. KLEIN: YES. | ||||||||
| MR. KELLER: STUART LAFF. | ||||||||
| MR. LAFF: YES. | ||||||||
| MR. KELLER: JEFF SHEEHY. | ||||||||
| MR. SHEEHY: YES. | ||||||||
| MR. KELLER: JOAN SAMUELSON. | ||||||||
| MS. SAMUELSON: YES. | ||||||||
| UNANIMOUS, MR. CHAIRMAN, SEVEN, WHICH IS THE QUORUM. | ||||||||
| CHAIRMAN LICHTENGER: GREAT. GREAT. THANK YOU, RICK. IS THERE ANY OTHER BUSINESS SET FOR THIS MEETING, RICK? | ||||||||
| MR. KELLER: NO, THERE IS NOT. THAT CONCLUDES THE BUSINESS AT HAND. | ||||||||
| MR. KLEIN: IT IS A HISTORIC MOMENT. IT'S THE FASTEST WORKING GROUP MEETING IN THE HISTORY OF CIRM. | ||||||||
| CHAIRMAN LICHTENGER: I'D LIKE TO GIVE CREDIT WHERE CREDIT IS DUE FOR RICK AND THE OTHER STAFF MEMBERS, LORI WORKED ON THIS, AND DR. MURPHY. THANK YOU. AND WE TYPICALLY TAKE COMMENTS AT THE END OF THESE MEETINGS AS WELL, PUBLIC COMMENTS? | ||||||||
| MR. KLEIN: I DON'T SEE ANY OTHER PUBLIC. JOHN SIMPSON -- | ||||||||
| MR. SIMPSON: BRIEFLY, I WOULD LIKE TO AGAIN COMMEND THE WORKING GROUP FOR EMBARKING ON THE PROCESS THAT HAD THE COMMITTEE -- THE PUBLIC HEARINGS THAT LED TO THIS AND THE STAFF FOR DOING A SPLENDID JOB OF SHEPHERDING IT THROUGH. | ||||||||
| THE OTHER THING I WOULD JUST SUGGEST IS THAT WHILE THE ICOC IS BOUND BY RULES OF THE SUPER MAJORITY UNDER PROP 71, I DON'T BELIEVE THE WORKING GROUPS ARE AND THAT -- BY THE BYLAWS YOU ARE, BUT THE BYLAWS CAN BE CHANGED. AND MY SUGGESTION WOULD BE PRECISELY THAT, ON SOME OF THE WORKING GROUPS AND COMMITTEES REVISIT THE QUESTION OF WHAT THE REQUIRED MAJORITY IS AND MAKE IT A SIMPLE MAJORITY, AND IT MIGHT MAKE LIFE SIMPLER FOR PEOPLE. YOU CAN'T OBVIOUSLY DO THAT WITH THE ICOC ITSELF. | ||||||||
| MR. SERRANO-SEWELL: DAVID LICHTENGER, THANK YOU FOR CHAIRING THIS MEETING. AND I ALSO WANT TO EXTEND MY APPRECIATION TO STAFF AND MY COLLEAGUES ON THIS WORKING GROUP. I HAVE TO CHECK OUT, BUT I'LL SEE EVERYONE TOMORROW. | ||||||||
| CHAIRMAN LICHTENGER: GREAT. THANKS, DAVID. SO AT THIS POINT, JOHN, THANK YOU FOR YOUR COMMENTS. THANKS EVERYONE FOR CALLING IN, AND THE MEETING IS NOW ADJOURNED. THANK YOU. | ||||||||
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| (THE MEETING WAS THEN ADJOURNED AT 7:10 P.M.) | ||||||||
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| REPORTER'S CERTIFICATE | ||||||||
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| I, BETH C. DRAIN, A CERTIFIED SHORTHAND REPORTER IN AND FOR THE STATE OF CALIFORNIA, HEREBY CERTIFY THAT THE FOREGOING TRANSCRIPT OF THE TELEPHONIC PROCEEDINGS BEFORE THE SCIENTIFIC AND MEDICAL FACILITIES WORKING GROUP OF THE INDEPENDENT CITIZEN'S OVERSIGHT COMMITTEE OF THE CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE IN THE MATTER OF ITS REGULAR MEETING ON OCTOBER 2, 2007, WAS HELD AS HEREIN APPEARS AND THAT THIS IS THE ORIGINAL TRANSCRIPT THEREOF AND THAT THE STATEMENTS THAT APPEAR IN THIS TRANSCRIPT WERE REPORTED STENOGRAPHICALLY BY ME AND TRANSCRIBED BY ME. I ALSO CERTIFY THAT THIS TRANSCRIPT IS A TRUE AND ACCURATE RECORD OF THE PROCEEDING. | ||||||||
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