Monday, September 18, 2023 (3:33 pm)
Board of Directors Meeting – September 28, 2023
Board of Directors Meeting
09/28/2023
9:30 a.m.
Administration Building and via Zoom
View Agenda
View Approved Minutes
Consent Calendar:
– View Standard Agreements
– View Rental Agreements
– View Joint Powers Authority Agreements
– View Commercial Rental Agreements
– View Concession Rental Agreements
– View Independent Amusement Rental Agreements
– View Platinum Rental Agreements
– CDFA Correspondence:
– View Item 7(i)
– View Item 7(ii)
– View Item 7 (iii)
Reports and Materials for Governance Process – (Items 8A-8H)
– View Item 8A
– View Item 8B
– View Item 8C
– View Item 8D
– View Item 8E
– View Item 8F
– View Item 8G
– View Item 8H – Committee Reports
– View Item 8H(i) – Leadership
– View Item 8H(ii) – Financial Monitoring and Audit
– View Financial Packet Ending August 31, 2023
– View June-August 2023 Check Summary
– View Item 8H(iii) – Facilities
– View Item 8H(iv) – Governance
– View Item 8H(v) – Community Affairs
View PowerPoint Presentation
View Transcript
Join Zoom Meeting
https://us02web.zoom.us/j/83992217017?pwd=Tyt4YXdwVWJoTFF2M2VTZmlIUzA1Zz09
Dial in option: 1-669-900-9128
Meeting ID: 839 9221 7017
Passcode: 2023
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 Agriculture Association, OC Fair & Event Center Board of Directors will be holding a regular board meeting on
Thursday, September 28, 2023 at 9:30 a.m.
(Meeting held in-person and via Zoom – link above)
Administration Building
OC Fair & Event Center
88 Fair Drive
Costa Mesa, CA 92626
Directions: From I-405, exit Fairview Rd. heading south, approximately 1.25 miles to Arlington Dr. the Administration Building is located near the corner of Fairview Rd. and Arlington Dr. (Use Gate 4 on Arlington Dr.)
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
Newton Pham, Board Chair
Nick Kovacevich, Vice Chair
Doug La Belle, Member
Natalie Rubalcava-Garcia, Member
Robert Ruiz, Member
Barbara Bagneris, Member
Tanya Bilezikjian, Member
Dimetria Jackson, 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 ensure 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. MINUTES:
A. Board meeting held June 22, 2023
Action Item
6. 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 an agenda 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.
7. CONSENT CALENDAR:
All matters listed under Consent Calendar are operational matters about which the Board has governing policies, implementation of which is delegated to the CEO. They will be enacted in one motion. There will be no discussion of these items prior to the time the Board of Directors votes on the motion, unless members of the board, staff or public request specific items to be discussed separately and/or removed from this section. Any member of the public who wishes to discuss Consent Calendar items should notify the Chair of the Board, at the time requested and be recognized by invitation of the Chair to address the Board.
A. Standard Agreements: SA-133-23PA; SA-172-23PA; SA-173-23PA; SA-174-23PA; SA-175-23PA; SA-176-23PA; SA-177-23PA; SA-178-23PA; SA-179-23PA; SA-180-23PA; SA-181-23PA; SA-182-23PA; SA-183-23PA; SA-184-23PA; SA-185-23PA; SA-186-23GE; SA-187-23PA; SA-188-23PA; SA-189-23PA; SA-190-23PA; SA-191-23PA; SA-192-23PA; SA-193-23PA; SA-194-23PA; SA-195-23PA; SA-196-23PA; SA-197-23PA; SA-198-23PA; SA-199-23PA; SA-200-23PA; SA-201-23PA; SA-202-23PA; SA-203-23PA; SA-205-23SP; SA-207-23YR; SA-208-23SP; SA-209-23SP; SA-211-23SP; SA-212-23FT; SA-214-23FT; SA-215-23LS; SA-216-23CT; SA-217-23YR; SA-218-23FT; SA-219-23PA; SA-220-23YR; SA-222-23FT
i. Standard Agreement Amendments: SA-046-22FT (Amend. #3); SA-085-22FTYR (Amend. #1); SA-044-23GE (Amend. #1); SA-045-23FT (Amend. #2); SA-071-23SP (Amend. #1)
ii. Standard Agreement Amendments (Exercise Option): SA-004-22YR (Amend. #1); SA-006-22FT (Amend. #2); SA-049-22FT (Amend. #1)
C. Active Joint Powers Authority Agreements (New): None.
i. Active Joint Powers Authority Agreement Amendments: 03222114 (Amend. #2); 03222114 (Amend. #3)
E. Concession Rental Agreements: 23517; 23581
F. Independent Amusement Rental Agreements: 23647
G. Platinum Rental Agreements: 23734
H. Correspondence:
Communications to the Board from members of public related to OCFEC business are identified below and included with the Board materials (available on the OCFEC website). Note that this agenda item includes only those communication(s) that were sent to the entire Board and CEO before the publication of this month’s agenda. The deadline for correspondence to be included on the October 2023 agenda is October 13, 2023.
i. None.
I. CDFA Correspondence:
Communications to the Board from the California Department of Food & Agriculture Division of Fairs & Expositions regarding relevant topics at Fairs and Expositions.
i. 06/30/2323 CDFA D2023-01 Bagley-Keene Exemptions Sunset
ii. 08/18/23 Circular Letter D2023-03 Banned States Update
iii. 08//23/23 CDFA D2023-04 Leave Balance Usage Circular
– End of Consent Calendar –
8. GOVERNANCE PROCESS
A. 2023 OC Fair Wrap-Up Presentation
Information Item
D. Review of Legislative Representative Bid Proposals and Vote on Whether or Not to Approve Proposed Award
Action Item
E. Vote on Whether or Not to Approve Agreement with National Naval Aviation Museum for the A-4M Skyhawk
Action Item
G. Appointment of Chair and Vice Chair Nominating Committee
Information Item
H. Committee / Ad Hoc Committee / Liaison Report
Information Item
To assure compliance with the Bagley-Keene Open Meeting Act, Committee reports are only for the purpose of the Committee chair, Ad Hoc Committee members or Liaison to provide a verbal update. Should the Board want to discuss any Committee work item not already on the agenda; those would need to be agendized for a future Board meeting.
i. Leadership Committee (Chair Pham, Committee Chair; Vice Chair Kovacevich)
ii. Financial Monitoring and Audit Committee (Vice Chair Kovacevich, Committee Chair; Director Bagneris)
– View Financial Packet Ending August 31, 2023
– View June-August 2023 Check Summary
iii. Facilities Committee (Director Ruiz, Committee Chair; Director La Belle)
iv. Governance Committee (Director Rubalcava-Garcia Committee Chair)
v. Community Affairs Committee (Director Bagneris, Committee Chair; Chair Pham)
vi. Entertainment and Business Development Committee (Director Rubalcava-Garcia, Committee Chair)
9. 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. Talley Amusements, Inc. v. 32nd District Agricultural Association, Orange County Superior Court, Case No. 30-2022-01264282-CU-MC-CJC
iv. 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)
10. CEO’S OPERATIONAL ANNOUNCEMENTS AND UPDATES
11. BOARD OF DIRECTORS MATTERS OF INFORMATION
12. NEXT BOARD MEETING: OCTOBER 26, 2023
13. ADJOURNMENT
Respectfully submitted,
Michele A. Richards
Secretary-Treasurer
Chief Executive Officer, OCFEC Date of notice: 3:30 p.m. September 18, 2023