Monday, September 26, 2022 (3:29 pm)

Board of Directors Meeting – October 6, 2022


Board of Directors Meeting
10/06/2022
9:30 a.m.
Via Zoom

View Agenda
View Approved Minutes
Reports and Materials for Governance Process – (Items 6A-6C)
     – View Item 6A
     – View Item 6B
      – View Item 6C
View PowerPoint Presentation
View Transcript

32nd District Agricultural Association
OC Fair and Event Center
88 Fair Drive
Costa Mesa, CA 92626
(714) 708-1500
www.ocfair.com

The mission of OCFEC is…
Creating Equitable Community Access To Agriculture, Entertainment, Cultural and Educational Experiences.

NOTICE OF MEETING
32nd District Agricultural Association, OCFEC Board of Directors will be holding a regular board meeting on
Thursday, October 6, 2022 at 9:30 a.m.
Via Zoom

Join Zoom Meeting
https://us02web.zoom.us/j/89054549308?pwd=enNYT0grQUk2dFhSRWdTUjJsRXBiUT09
 Dial in option:  1-669-900-9128
Meeting ID: 890 5454 9308
Passcode: 2022

All meeting notices, agendas and materials considered by the Board during the meeting will be available online, in advance of the meeting at:
https://ocfair.com/public-information/public-meetings/

Board of Directors
Doug La Belle, Board Chair
Newton Pham, Vice Chair
Natalie Rubalcava-Garcia, Member
Sandra Cervantes, Member
Robert Ruiz, Member
Barbara Bagneris, Member
Ashleigh Aitken, Member
Nick Kovacevich, Member

Secretary-Treasurer
Michele Richards
Chief Executive Officer, OCFEC

32nd DAA Counsel
Josh Caplan
Office of the California Attorney General

PUBLIC PARTICIPATION
Members of the public are encouraged to provide comment to the Board on each agenda item and may suggest items to be placed on the agenda for discussion at the next Board meeting. While the Board values the participation of the public, the Board chair reserves the right to limit the time for public comment to a maximum of three (3) minutes per speaker in order to proceed with the agenda. Public comment must be related to fair jurisdiction and placement of items on a future agenda is within the discretion of the Board.

AMERICANS WITH DISABILITIES ACT
All Board meetings must be accessible to the physically disabled. Any person needing a disability-related accommodation or modification in order to attend or participate in any Board or Committee meetings or other Fair activities may request assistance. Those persons wishing to attend the meeting and who may require special accommodations pursuant to the provisions of the Americans with Disabilities Act are requested to contact Guest Experience Supervisor, Thane Hollman at (714) 451-5946, at least five working days prior to the meeting to insure the proper arrangements can be made.

VIDEO RECORDING NOTICE
Please take notice that this public meeting of the 32nd District Agricultural Association, a California state institution, is being recorded using video recording equipment. Please also take notice that the 32nd District Agricultural Association will release video recordings of its public meetings where required under California law.

At the discretion of the Board of Directors, all items appearing on this Agenda, whether or not expressly listed for action, may be deliberated and may be subject to action by the Board of Directors. The Board may convene to closed session pursuant to Government Code section 11126, subdivisions (a) and (e) to consider personnel evaluation and/or possible litigation. Items may not necessarily be taken up in the order shown on this Agenda. This agenda, and all notices required by the Bagley-Keene Open Meeting Act are available on the Internet at: www.ocfair.com

AGENDA

1. CALL TO ORDER
All matters noticed on this agenda, in any category, may be considered for action as listed. Any item not so noticed may not be considered. Items listed on this Agenda may be considered in any order, at the discretion of the chairperson.

2. THE MISSION OF OCFEC IS…
Creating Equitable Community Access To Agriculture, Entertainment, Cultural and Educational Experiences.

3. PLEDGE OF ALLEGIANCE

4. ROLL CALL

5. MATTERS OF PUBLIC COMMENT
Public comment is allowed on issues NOT on the current Agenda. However, no debate by the Board shall be permitted on such public comments, and no action will be taken on such public comment items at this time, as law requires formal public notice prior to any action on a docket item. Speakers are requested to fill out and submit a comment card to the meeting secretary prior to the start of the meeting and are limited to three minutes. 

Comments will be accepted on all other Agenda items at the time each item is listed on the Agenda. Speakers wishing to address the Board on items on the agenda are requested to fill out and submit a comment card to the meeting secretary prior to the start of the meeting and identify the agenda item(s) on which you desire to address the Board. Speakers are limited to three minutes.

6. GOVERNANCE PROCESS

A. Presentation of 2021 Audit by Financial Monitoring & Audit Committee and Vote on Whether or Not to Accept
Action Item

B. Consideration and Vote on Staff and Facilities Committee Recommendation to Use Carnival Capital Reserve to Additionally Fund Lot G Utilities Project
Action Item

C. Review of the State Public Safety Power Shutoff (PSPS) Mitigation Project Grant and Vote on Whether or Not to Provide Fully Reimbursable Funds for the Project
Action Item

7. CLOSED SESSION (Closed to the Public)

A. Pending Litigation – The Board will meet in closed session to consult with legal counsel regarding the following pending litigation. [Gov. Code section 11126(e).]

i. To confer with and receive advice from legal counsel regarding potential litigation involving the 32nd District Agricultural Association. Based on existing facts and circumstances, the Board of Directors will decide whether to initiate litigation. (Govt. Code, § 11126, subd. (e).)

ii. To confer with and receive advice from legal counsel regarding potential litigation involving the 32nd District Agricultural Association. Based on existing facts and circumstances, there is significant exposure to litigation against the 32nd District Agricultural Association. (Govt. Code, § 11126, subd. (e).)

iii.  To confer with counsel, discuss, and consider the following pending litigation to which the 32nd DAA is a party. Adam Carleton v. 32nd District Agricultural Association, et al., Orange County Superior Court, Case No. 30-2020-01174951-CU-OE-CJC

iv.  To confer with counsel, discuss, and consider the following pending litigation to which the 32nd DAA is a party. Talley Amusements, Inc. v. 32nd District Agricultural Association, Orange County Superior Court, Case No. 30-2022-01264282-CU-MC-CJC

v.  To confer with counsel, discuss, and consider the following pending litigation to which the 32nd DAA is a party. B&L Productions, Inc., et al., v. Gavin Newsom, et al., U.S. District Court for the Central District of California, Case No. 8:22-cv-01518 (JDEx)

8. BOARD OF DIRECTORS MATTERS OF INFORMATION

 9. NEXT BOARD MEETING: OCTOBER 27, 2022  

10. ADJOURNMENT

 Respectfully submitted,
Michele A. Richards
Secretary-Treasurer
Chief Executive Officer, OCFEC

Date of notice: 3:30 p.m. September 26, 2022