1 orange county fair & event center 2 …...1 our mission: focusing on celebrating orange...

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1 ORANGE COUNTY FAIR & EVENT CENTER 2 BOARD OF DIRECTORS 3 4 5 6 Regarding ) ) 7 ) ) 8 BOARD OF DIRECTORS MEETING, ) ) 9 ) ) 10 ) ) 11 ) ________________________________) 12 13 OC Fair & Event Center 14 Administration Building 15 88 Fair Drive 16 Costa Mesa, California 17 18 Thursday, January 17, 2019 19 9:00 a.m. 20 21 22 23 Reported by: 24 LUIS R. HERNANDEZ 25 Page 1 Hahn & Bowersock, A Veritext Company 800.660.3187

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Page 1: 1 ORANGE COUNTY FAIR & EVENT CENTER 2 …...1 our mission: Focusing on celebrating Orange County's 2 communities, interests, agriculture, and heritage. 3 I'd like to open the meeting

1 ORANGE COUNTY FAIR & EVENT CENTER

2 BOARD OF DIRECTORS

3

4

5

6 Regarding )

)

7 )

)

8 BOARD OF DIRECTORS MEETING, )

)

9 )

)

10 )

)

11 )

________________________________)

12

13

OC Fair & Event Center

14 Administration Building

15 88 Fair Drive

16 Costa Mesa, California

17

18 Thursday, January 17, 2019

19 9:00 a.m.

20

21

22

23 Reported by:

24 LUIS R. HERNANDEZ

25

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1 APPEARANCES OF ATTENDEES:

2 BOARD OF DIRECTORS:

3 ACTING CHAIR ASHLEIGH AITKEN

4 VICE CHAIR SANDRA CERVANTES

5 DIRECTOR BARBARA BAGNERIS

6 DIRECTOR GERARDO MOUET

7 DIRECTOR DOUG LA BELLE

8 DIRECTOR NEWTON PHAM

9 DIRECTOR NATALIE RUBALCAVA-GARCIA

10 DIRECTOR ANDREAS MEYER

11

12

13

14 ALSO PRESENT:

15 KATHY KRAMER

16 JOSH CAPLAN, ESQ.

17 MICHELE RICHARDS

18 KEN KARNS

19 SUMMER ANGUS

20

21

22

23

24

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1 I N D E X

2 Page

3 Proceedings 4

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9 E X H I B I T S

10 None

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1 Costa Mesa, California, Thursday, January 17, 2019

2 9:00 a.m.

3

4

5

6 ACTING CHAIR AITKEN: Good morning, everybody. I am

7 not Robert Ruiz. He is unable to be here today. So

8 looking at our by laws, Vice Chair Cervantes asked if I

9 would chair the meeting today and it was agreed upon that

10 that would be acceptable, so we are just going to change

11 it up a little bit for this meeting. And just wanted to

12 make a brief comment before we start.

13 Obviously, I noticed a lot of people came in. We

14 do have the new security features. I just wanted to let

15 everybody know that not only that is something that is not

16 a high cost. We already own the magnetometer and it's

17 going to be -- security is going to be conducted by staff.

18 It is not meant in any way to stifle

19 participation or attendance. It's just -- unfortunately,

20 a sad state of our society today. So hopefully, it won't

21 be an inconvenience, but if anyone has any questions or

22 concerns, please let any of the Board members or our CEO

23 know and we'd be happy to address that with you. Thank

24 you very much.

25 I'd like to begin the meeting -- just going over

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1 our mission: Focusing on celebrating Orange County's

2 communities, interests, agriculture, and heritage.

3 I'd like to open the meeting with the Pledge of

4 Allegiance. Former Chair Bagneris, could you lead us in

5 the Pledge of Allegiance this morning.

6 DIRECTOR BAGNERIS: I'd be happy to.

7 ACTING CHAIR AITKEN: Thank you.

8 DIRECTOR BAGNERIS: Ready, begin.

9 (Pledge of Allegiance recited).

10 ACTING CHAIR AITKEN: Thank you very much.

11 Summer, could we have roll call, please.

12 MADAM SECRETARY: Chair Ruiz?

13 (No response)

14 Vice Chair Cervantes?

15 VICE CHAIR CERVANTES: Here.

16 MADAM SECRETARY: Director Bagneris?

17 DIRECTOR BAGNERIS: Here.

18 MADAM SECRETARY: Director Mouet?

19 DIRECTOR MOUET: Here.

20 MADAM SECRETARY: Director Aitken?

21 DIRECTOR AITKEN: Here.

22 MADAM SECRETARY: Director La Belle?

23 DIRECTOR LA BELLE: Here.

24 MADAM SECRETARY: Director Pham?

25 (No response)

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1 Director Rubalcava?

2 DIRECTOR RUBALCAVA-GARCIA: Here.

3 MADAM SECRETARY: And Director Meyer?

4 (No response)

5 ACTING CHAIR AITKEN: Thank you. I am now going to

6 turn it over to our CEO for our operational update.

7 MS. KRAMER: Thank you, Director Aitken.

8 Well, good morning, everyone. Happy New Year --

9 happy rainy New Year. My husband was sharing with me --

10 because he's a weather nerd -- that we've gotten more rain

11 today than Seattle has. So there you have it.

12 Well, in case you're wondering, we have 85 days

13 until Imaginology and 176 days until we open the 2019 OC

14 Fair. No sweat, team; right?

15 Speaking of the OC Fair, sales are strong for the

16 Pacific Amphitheater shows that currently on sale.

17 Justin Moore has sold over 2,000 tickets and Weird Al has

18 exceeded 3,000. With those numbers, we expect both

19 concerts to be sellouts.

20 Starting with the January 23rd launch of shows,

21 we expect to be putting something on sale in either ASA,

22 The Hangar, or the Pac Amp, every weekend until all events

23 are on sale.

24 (Director Pham joins the meeting at 9:07 a.m.)

25 We're pacing ahead of last year in our Super

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1 Passes for the 2019 OC Fair. The team did a great job

2 outreaching to market during the holiday season to promote

3 the Super Passes as a gift idea.

4 At the December Board meeting, I shared that we

5 sent a team to assist the Butte County Fairgrounds in

6 Northern California that was an evacuation center for both

7 animals and evacuees.

8 We've invited that team here to join us this

9 morning to be recognized for their service. I would ask

10 Jerry Eldridge -- our Director of Facilities and his staff

11 that volunteered -- to come forward, please.

12 (Applause)

13 Jerry, if you -- if you could please introduce

14 your team and give us some highlights of some of the

15 services they formed while they were in

16 Northern California.

17 MR. ELDRIDGE: We have Nathan, Giovanni, Ricardo,

18 Kyle, Mauricio, and Monty. They all went up. Four of

19 them went up for the first week and the CEO asked that we

20 send some more up because they needed more help. So we

21 sent Mauricio and Giovanni up for the second week.

22 It was a pleasure for me. I've been -- as a

23 larger fair in the industry -- I feel it's our -- not our

24 responsibility -- but I think it warrants us to help other

25 fairs. And I was proud to have these guys go up.

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1 Always proud of my team. They all do a great job

2 and it's just another effort that shows their giveback.

3 They did get paid but they were still in an element that

4 they were not used to Nate's our mechanic on grounds.

5 He did some repairs up there and I would probably

6 like to turn it over to Nate and let him explain some of

7 the stuff that the guys did and sharing since he was hands

8 on the ground, if you don't mind.

9 NATE: Well, our first day of arrival, it was a real

10 mess. They had garbage everywhere -- thousands of

11 sandbags because they had a lot of rain. So they were

12 sandbagging around tents and the campgrounds and

13 everything like that.

14 So a couple of us just did a lot of forklifting

15 with moving sandbags and trash. Monty and one of our

16 other gentlemen, they were inspecting all the buildings

17 for them because they had some damage for the buildings

18 that they used.

19 And then they had a lot of road damage from all

20 the rain and everything. So Gio took care of all of that

21 while they were up there, putting in-road gravel and stuff

22 like that. Thank you.

23 MR. ELDRIDGE: Thanks. So it was interesting to hear

24 him come back with stories. And we really don't -- I

25 guess being here -- realize how fortunate we are to not

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1 only have the financial stability to keep our fair up and

2 at a high capacity and running, but you go to the smaller

3 fairs -- I believe they have three employees, including

4 the CEO.

5 (Director Meyer joins the meeting at 9:10 a.m.)

6 So, you know, it's -- there's a lot of work to be

7 done there. I'm proud that our team was able to support

8 them in that.

9 They -- I believe they housed over 2,000 people

10 during -- with the -- yeah, through the fires that were up

11 there. But they house they 2,000 people. They had --

12 some it was fire camps there -- but most of it was housing

13 for Red Cross. Red cross helped out with that.

14 So thank you, guys. Appreciate it.

15 (Applause)

16 MS. KRAMER: Thank you, Jerry and staff, for being of

17 service to our fair family and their community.

18 ACTING CHAIR AITKEN: On behalf of the Board, I would

19 just like to say thank you, guys.

20 DIRECTOR BAGNERIS: Hey, guys. Hang on. Hang on,

21 guys.

22 ACTING CHAIR AITKEN: On behalf of the Board of

23 Directors, I just want to say thank you so much for you

24 guys. I know Jerry mentioned that you're getting paid,

25 but that's not what it's about. You're away from your

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1 family, you're away from your friends, you're not at home

2 doing what you want to do watching football.

3 So I just want to say thank you so much. It's a

4 sacrifice and I think it's a testament -- not only to your

5 commitment to the fair family, but as we see, with the

6 rain and devastation -- your commitment to the California

7 family. And so we just really appreciate you guys

8 stepping up.

9 (Applause)

10 MS. KRAMER: Thank you, Ashleigh.

11 DIRECTOR BAGNERIS: Well said.

12 MS. KRAMER: Gonsalves & Sons have reached out to

13 Assemblymember Quirk-Silva to ask her to reintroduce and

14 sponsor the 50/50 raffle legislation. If you remember,

15 she was the author for the bill for 2018 legislative

16 session. They have not yet received confirmation back

17 from her office.

18 In the meantime, they will forward the language

19 from the bill that was introduced in 2018 to the

20 Legislative Counsel before the deadline of January 25th as

21 a placeholder for the bill. We have until February 22nd

22 to confirm an author for the bill.

23 One our strategies to garner fair industry

24 support for this bill, I've invited the CEOs from the

25 California Fairs that will be in Reno next week to a

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1 meeting during WFA to learn more about this bill and how

2 they can help.

3 For this bill to get momentum, we need all

4 California fairs and WFA to help reach out to their

5 legislative representatives in support. And in

6 collaboration with WFA and Gonsalves & Sons, we will be

7 creating a letter of support that California fairs can

8 send off in support of this bill.

9 Director Bagneris was approached by the Orange

10 County March of Dimes to chair the 2019 March of Babies

11 Walk in Orange County. So congratulations on that.

12 She then thought that she needed some help, so

13 she reached out asked if I would be interested in being a

14 co-chair. Two heads are better than one. Is that it? So

15 after reviewing the opportunity, I eagerly agreed.

16 The 2019 walk will be held on Saturday, May 11th,

17 at the OC Fair & Event Center and they expect around 4,000

18 participants. So we hope to see all of you. You can form

19 teams and participate as you learn more about the needs of

20 the March of Dimes; it's pretty touching. So I'm very

21 honored to be co-chairing that with you,

22 Director Bagneris.

23 DIRECTOR BAGNERIS: Thank you.

24 MS. KRAMER: The Bravemind exhibition at Heroes Hall

25 is now closed and staff is working on installing our new

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1 exhibition -- Victory from Within; The Prisoner of War

2 Experience -- which will open on February 1st.

3 We will be hosting an opening celebration on

4 Saturday, February 16th at 11:00 a.m. to celebrate

5 Heroes Hall second anniversary. How time flies. And to

6 honor three local POWs, as well as former Santa Ana Army

7 Base members.

8 The Wall That Heals, a traveling exhibit, that is

9 three-quarters size replica of the Vietnam Memorial Wall

10 in Washington DC will be using the parking lot in front of

11 Heroes Hall as a staging area on April 9th before being

12 escorted to Jack Hammett Park in Costa Mesa. It will be

13 on display for the public beginning April 11th through the

14 14th 24 hours a day.

15 The dates have been set for community and public

16 brand assessment workshops on Tuesday, January 29th, from

17 2:00 to 3:00 p.m. and Wednesday, January 30th from 6:00

18 p.m. in the OC room.

19 Staff will be rolling out the communication plan

20 to invite the public to participate in these workshops.

21 For members of the public unable to attend on the

22 scheduled dates, the survey will be available on our

23 website.

24 An additional workshop will be scheduled on

25 Monday, January 28th, for our on grounds partners and

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1 organizations, the Equestrian Center, Orange County Wine

2 Society and Spectra.

3 In addition, IMW will be reaching out to

4 promoters and other community partners via email, and that

5 will conclude the data collection phase of the project.

6 We're excited that Vice Chair Cervantes and

7 Director Meyer -- brand new to our Board -- decided to

8 jump in -- eager to jump in -- will be accompanying staff

9 to the WFA convention in Reno next week.

10 Several staff members will be doing presentations

11 at the convention, including myself, where I will be

12 presenting a Succession Planning workshop in addition to

13 making remarks at the opening general session of the

14 conference.

15 At this time, I would like to turn it over to

16 VP Ken Karns for an operational update.

17 MR. KARNS: Thanks, Kathy. Just a few things this

18 most. Good morning, Board. Thank you.

19 Equestrian Center fire alarm project update. The

20 initial Equestrian Center fire alarm application

21 submission to Cal Fire was on October 18th. CFFA and the

22 engineer from West Coast Fire reviewed the initial plans.

23 The engineer at West Coast Fire submitted the stamp plans

24 to CFFA in November and upon received of the completed OC

25 Fair Equestrian Center fire alarm plan, CFFA did deliver

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1 them to Cal Fire.

2 CFFA is in contact with Cal Fire on a regular

3 basis and has been in communication with Supervising

4 Deputy State Fire Marshal who reports, I quote, "They

5 current have a 155 sets of plans on their shelf. So all

6 of that to say, I am completely out of resources to

7 expedite anything at this time."

8 So CFFA will continue to follow up. It's

9 unfortunate Cal Fire has been put well behind due to all

10 the fires and they're still playing catch-up. So we'll

11 stay very close to that and monitor and continue.

12 Here, the OC room AV upgrade, which we see a

13 little bit of -- we're working on full upgrade to the

14 audio/visual technology here in the OC room. We'll be

15 installing new wireless audio systems with 15 wireless

16 gooseneck mics and additional ceiling speakers for better

17 room coverage.

18 We'll also be installing two 82-inch computer

19 monitors to replace the projection screens. We'll also

20 install one or two 49-inch computer monitors at the back

21 of the room hung from the ceiling to give additional

22 coverage and views of all the presentations.

23 All of these monitors can be connected together

24 or programmed separate along with looping in and

25 monitoring in the lobby. So we're working towards

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1 completing this installation over the next couple of

2 months. A little different from some of the goosenecks we

3 have, these ones only tip at the top, not at the bottom.

4 Onto some intern opportunities. In our

5 landscaping --

6 ACTING CHAIR AITKEN: Can I ask a question real quick.

7 MR. KARNS: Yes.

8 ACTING CHAIR AITKEN: Sorry. I didn't mean to

9 spring --

10 MR. KARNS: Yeah. Go ahead.

11 ACTING CHAIR AITKEN: I'll get the hang of this.

12 MR. KARNS: Yeah.

13 ACTING CHAIR AITKEN: Do we have any plans for our

14 audio/visual upgrades to put any equipment that would make

15 it possible for us to either audio stream on the Internet

16 or do video for people that can't make the Board meetings

17 and they can watch them at a later date, or at least have

18 the audio version.

19 MR. KARNS: So currently, that was the equipment that

20 we've identified, doesn't. Could we? Yes.

21 ACTING CHAIR AITKEN: Okay. Can we maybe just put

22 that on something to discuss.

23 MR. KARNS: Thank you. These right now are being

24 controlled from over there. But when we're all done, the

25 green will be on. The push button will be like your top

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1 button but they are always on. It just takes, kind of, a

2 second sometimes for our audio guy to catch up.

3 Okay. Onto intern opportunities. Our

4 landscaping supervisor is working with our human resources

5 department on an intern program for college students.

6 Those enrolled in horticulture or plant biology would get

7 the opportunity to spend time with our team for hands-on

8 learning.

9 We're reaching out to six schools that have the

10 appropriate programs: Orange Coast College,

11 Cal Poly Pomona, Saddleback College, Golden West College,

12 Fullerton College, and CSU Fullerton.

13 On that same line, another intern opportunity in

14 our Centennial Farm Operations Department. Our farm

15 operation supervisor is working on an outline in scope for

16 a farm intern program.

17 Once prepared, we will work with our Human

18 Resources Department and applicable schools on a program

19 to give opportunities for college students to have

20 hands-on learning and to other farm activities.

21 Thank you.

22 MS. KRAMER: All right. Thank you, Ken.

23 Speaking of changes to the OC room, you may look

24 behind you and notice around that our plaques and

25 accolades are missing -- temporarily missing.

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1 We're actually installing a system that will be

2 shelving so that we can rotate them out. We get so many

3 of them -- good for us -- that we want to make sure that

4 we have a chance to display all of them. So that system

5 will be -- the team is working on that right now.

6 Thank you, Ken. And now, I turn it over to

7 Michele Richards to provide an upcoming events update.

8 MS. RICHARDS: Thank you very much. Good morning,

9 everybody. We got more great events at the OC Fair &

10 Event Center.

11 Starting with tomorrow. Hopefully, it will dry

12 out and we can hold our Discovery Day at Centennial Farm.

13 Our Discovery Days give guests an opportunity to take a

14 self-guided tour through to the farm with our volunteers

15 nearby to answer questions and give information about our

16 crops and our animals at Centennial Farm. And that will

17 be tomorrow from 9:00 to noon and admission is free.

18 We are also hosting this coming weekend Cheer

19 Pros. It's the California State Cheer & Dance

20 Championship that will be held in The Hangar. Cheer Pros

21 has dedicated the last 15 years to celebrating

22 California's unique style of cheer and dance. That's

23 Saturday and Sunday, January 19th and 20th.

24 Another fun garden class at Centennial Farm also

25 on Saturday beginning at 9:30. Have you ever wondered

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1 about grafting? Attendees will learn different methods

2 for grafting fruit trees and will have the opportunity to

3 see hands-on demonstrations and different grafting

4 techniques. The cost is $5 and that covers the materials

5 for the class and the handouts.

6 Crossroads of the West Gun Show will be back

7 again. This is a two-day gun and Western Americana show.

8 Saturday, January 26th from 9:00 to 5:00, and Sunday the

9 27th from 9:00 to 4:00. General admission is $18.

10 Continuing on through the end of the month, we're

11 hosting a garden class -- actually, a culinary class at

12 Centennial Farm. This time, our guests will learn how to

13 make Singapore Chili Sauce and Lemon-Sage Wine Mustard.

14 Our own culinary coordinator, Pam, will be

15 teaching how to make and steam Singapore Chili Sauce --

16 which is sort of the Asian version of Tabasco sauce -- and

17 Lemon-Sage Wine Mustard; Saturday, the 26th at 10:00 a.m.

18 The cost for the class is $25. And, again, that covers

19 materials and handouts.

20 We're welcoming back the Southern California

21 World Guitar Show. This event is one of the largest

22 guitar events on the west coast. If you have guitars,

23 amplifiers, effects, parts or other musical items to sale

24 or trade, you can bring all you can carry into the show at

25 no extra charge.

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1 And many of the nation's top foreign and domestic

2 buyers will be at the show to pay top prices for vintage,

3 new, or used or rare gear. That's Saturday and Sunday,

4 January 26th and 27th. Admission is $20.

5 And as Kathy mentioned, we will be hosting two

6 public sessions to gather input for our brand assessment

7 project. So the public is invited to participate and

8 provide community input on this project.

9 Those workshops will be he told here in the OC

10 room on Tuesday, January 29th, from 2:00 to 3:00, or

11 Wednesday, January 30th from 6:00 to 7:00. There's

12 information on the website. You do not need to RSVP if

13 you would like to come. And we would welcome input from

14 as many members of the public as possible as we work

15 through the process.

16 And we're very excited to welcome back again Tet

17 Festival. The United Vietnamese Student Association Tet

18 festival is back for the year of the pig at the 38th

19 annual Vietnamese New Year Celebration. This year's theme

20 is story's of our heritage.

21 This is a great organization that puts on this

22 beautiful cultural event. If you haven't gone, I highly

23 recommend that you do. It is run entirely by volunteers

24 consisting of high school and college students, young

25 professionals, and parents.

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1 Their goals are to help preserve and share the

2 Vietnamese culture and to serve our community. That's

3 Friday, February 8th; Saturday the 9th; and Sunday the

4 10th. General admission is $6. They have special pricing

5 on Saturday from 11:00 to 1:00. Free admission for any

6 guests wearing a scout uniform, military uniform, or

7 traditional Vietnamese attire. So it should be a really

8 great event.

9 Pacific Coast Sportfishing will be back again.

10 This is their tenth annual show, featuring tackle, boat,

11 and travel options. That's Friday, February 15th;

12 Saturday and Sunday the 16th and 17. General admission is

13 $15.

14 Fight Club OC is back at The Hangar again with

15 pro boxing and pro MMA activities featuring a 40-foot big

16 screen and instant replay, 14 VIP seats, and about the

17 most fun you can have on a Thursday night in Orange

18 County. And that's Thursday, February 21st from 7:00 to

19 10:00. Admission is $60.

20 And then wrapping up February is our Gem Faire.

21 Back again with lots of fine jewelry, precious, and

22 semi-precious gem stones, millions of beads and crystals.

23 And you can shop the Gem Faire Friday, February 22nd,

24 Saturday and Sunday the 23rd and 24th, and admission is

25 $7.

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1 And please don't forget to come and visit

2 Centennial Farm. We have new baby piglets at Centennial

3 Farm born on Christmas Eve and another delivery just a few

4 days ago and they're absolutely precious. They're a

5 little waterlogged right now, but the weekend should be

6 beautiful.

7 So, please, everybody come see them. Centennial

8 Farm is absolutely free to the public Monday through

9 Friday 1:00 to 4:00, and on the weekends from 9:00 to

10 4:00.

11 And, also, Heroes Hall as Kathy mentioned, is

12 currently closed as we install the new exhibition which

13 will open on February 1st. And Heroes Hall is open free

14 to the public Wednesday through Sunday 11:00 to 5:00.

15 The Orange County Market Place, Saturday and

16 Sunday from 8:00 to 4:00 open to the public. Some great

17 shopping going on at the Market Place. And then, of

18 course, our certified farmers market every Thursday from

19 9:00 to 1:00 in front of the Pacific Amphitheater box

20 office.

21 So that wraps up the upcoming events.

22 MS. KRAMER: Thank you, Michele. And that concludes

23 my report.

24 ACTING CHAIR AITKEN: Thank you, CEO Kramer.

25 For the branding update -- just for clarity for

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1 the audience -- is there an email that's on the website

2 for people that can submit comments or fill out the forms

3 if they can't make it to one of the public meetings?

4 MS. RICHARDS: Yes. There will be immediately

5 following the workshops. We want to encourage as many

6 people as possible to come in person. If they're not able

7 to, right after the workshop concludes, we'll put that

8 information so that they can submit their input.

9 ACTING CHAIR AITKEN: Wonderful. And do we have a

10 final deadline for public input or for people to submit

11 comments?

12 MS. RICHARDS: Yes. We're going to gather -- and this

13 will be in the instructions on the website -- through

14 February 15th. So we'll give everyone two weeks to

15 provide their input, and then we're ready to move into

16 phase 2 of the project and that's where IMW agency, who

17 we're working with on this project -- will begin assessing

18 all of the input.

19 ACTING CHAIR AITKEN: Okay. Thank you.

20 We're going to move now to matters of public

21 comment. I'm going to call the first couple of names. So

22 if you could just start getting in line.

23 First, we have Reggie Mundekis,

24 Vincent Pollmeier, Mary Spadoni, and Beth Refakes.

25 MS. MUNDEKIS: Good morning. And thank you for this

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1 opportunity to address you this morning. I'm

2 Reggie Mundekis.

3 The 2016 audit conducted by the California

4 Department of Food and Agriculture, known as CDFA, needs

5 to be released today before the close of business. I

6 request a copy of this audit at this time.

7 This document has been in the possession of the

8 state agency since October 2018. CDFA auditors did their

9 job and found serious issues, but the staff who caused

10 those serious issues have been able to bury the audit so

11 far.

12 Prior to the arrival of Ms. Kramer, audit -- the

13 CDFA audit -- was placed on the agenda and published for

14 the public and discussed during a Board meeting.

15 I request that the Board agendize a discussion of

16 the 2016 CDFA audit findings and the corrective actions

17 that they're taking to resolve the issues raised in the

18 audit for the February 2019 Board meeting as an action

19 item.

20 Staff who object to agendizing the audit as an

21 action item for the Board meeting or object to the release

22 of the audit are not working in the best interest of the

23 public who own this property and need to be dealt with

24 accordingly.

25 And I ask each of you Board members in your place

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1 of business where you have a boss and you supervise

2 employees, would you tolerate this behavior? What would

3 happen to employees who did this behavior in your place of

4 work? Would they continue in employment?

5 This is part of an ongoing problem with this

6 agency where behavior which is unacceptable in other

7 places is not only tolerated, but appears to be

8 encouraged. This is not the first time that we had to

9 bring misconduct by staff to the attention of the Board.

10 There have been contracts which have been

11 manipulated, gifts of public funds have been made to

12 contractors at the behest of staff. Staff failed to

13 provide adequate police and security for events which have

14 ended in riots which endangered the homes around this

15 Fairgrounds, and yet those same staff continue to be

16 employed here week after week, month after month, year

17 after year.

18 We need to fix these problems. We need to clear

19 out the staff who are causing the problems and get the

20 issues resolved now. We have been dealing with these

21 problems again and again and it's the same staff members

22 causing it.

23 The fish rots from the head. It's time to remove

24 the rotting fish from the building. We need the audit

25 report today and the copies can be handed out before the

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1 meeting ends today. Thank you.

2 ACTING CHAIR AITKEN: Thank you. Mr. Pollmeier. And

3 up next will be Mary Spadone and then Beth Refakes, and

4 Susie Gyor.

5 MR. POLLMEIER: Hello. My name is Vincent Pollmeier.

6 I'm the Director of Friends & Neighbors of Orange County

7 Fairgrounds, a non-profit organization dedicated to a

8 fairgrounds of and for Orange County.

9 As Ms. Mundekis alluded to, in October of this

10 year, the California Department of Food and Agriculture,

11 CDFA, provided its annual audit report, we understand, to

12 the OC Fair & Event Center, the 32nd DAA.

13 We also understand and have been told that -- in

14 fact, as Ms. Mundekis said, that's not unusual -- they do

15 this every year. And prior to Ms. Kramer becoming CEO,

16 this was released and discussed, agendized, and discussed

17 at Board meetings, this audit report.

18 Since she's been CFO -- CEO, it's been maintained

19 in secrecy. Our organization has been informed that this

20 audit report shows that in 2016 for a period of nine

21 months -- under Ms. Kramer's supervision -- this

22 Fairgrounds paid a phantom, no-show employee full salary

23 for nine months costing public funds in a tune of $75,000.

24 Now, you all as Board members have seen that

25 report. You know if that's what it contains or not. If

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1 it contains that, then I'm going to quite frankly, that's

2 a felony. And you have sitting at the table with you

3 someone who is committed a felony and who has your

4 delegated authority to spend substantial sums of money and

5 who clearly has demonstrated that they cannot be trusted.

6 So, I ask you as a Board: One, immediately

7 release this audit report so that the public can see it.

8 Two, under the powers -- under your bylaws, and under the

9 State law -- call a special meeting immediately because if

10 what is -- what we've been told in this report is true,

11 then there is no reason why the CEO should be continuing

12 to get -- have her delegated authority from you -- your

13 authority; acting in your behalf to spend money when she's

14 done so illegally in the past.

15 Further, we've been informed that -- and you may

16 or may not be aware of this -- but, in fact, CEO Kramer

17 received this report from the CDFA prior to her annual

18 review in October and withheld it from you so that you

19 would not have it at the time of that review.

20 Even if the allegations of -- of an incorrect --

21 an incorrect or an illegal contract in -- of illegal

22 payments in that -- in the -- aren't -- in the audit

23 report aren't true, that alone should be grounds for

24 taking action against her.

25 So I -- call a special meeting, revoke her

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1 authority, get rid of her. The fish rots from the head.

2 Get rid of the fish's head.

3 ACTING CHAIR AITKEN: Next, Mary Spadone and then

4 Beth Refakes and Susie Gyor.

5 MS. SPADONE: My name is Mary Spadone. I'm a

6 long-time Costa Mesa resident, but I'm also a retired

7 Orange County District Attorney Investigator.

8 And when I heard what's been going on regarding

9 the comments just made by Mr. Pollmeier, I'm going to ask

10 and I hope you provide all the documents to the Orange

11 County District Attorney's Office for review so that we

12 can have an independent review of what's going on here.

13 If there's an illegality, if, in fact, a felony has been

14 committed.

15 And I think the Orange County residents need to

16 know what's going on. I think the individuals involved in

17 it need to be prosecuted and brought forth. And that's my

18 request.

19 And I will be -- as soon as we get all the

20 documents, I'll make a request myself that the new

21 District Attorney, Todd Spitzer, look into this.

22 Thank you.

23 ACTING CHAIR AITKEN: Thank you.

24 MS. REFAKES: Good morning. Beth Refakes, long-time

25 Costa Mesa resident. And thank you for letting me speak.

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1 First of all, I'd like to wish everybody a Happy

2 New Year and I'm hoping that this year will be very

3 productive in resolving some of the issues, especially

4 between the Fair and the surrounding residences in the

5 City of Costa Mesa.

6 I like what acting Chair said about the video of

7 meetings and things like. They should be available to the

8 public to view. If you don't video-stream live, then you

9 should at least have them available on your website so

10 that the public can go in and view what was discussed at

11 the meetings and what the results were.

12 The City of Costa Mesa has been broadcasting

13 their meetings for many years. And even now, the council

14 chamber is under construction and temporarily relocated to

15 the senior center for all the major meetings, they're

16 still recording them, even though they don't video-stream

17 them live like they have from the council chamber, they

18 are available to the public to see what is going on and

19 what the decisions are that have been made.

20 And the other night, I understand -- although, I

21 didn't attend that they had a marathon meeting -- but, it

22 should be up to the residents to be able to view and see

23 what is going at the Fairgrounds and what decisions this

24 Board is making.

25 And the second thing is, I noticed the security.

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1 I hope that you're implementing security in some of the

2 other doors. I know I've seen people come in through that

3 door without any problems so I hope that will be resolved

4 because that also represents a security risk if you're

5 going to implement this type of security.

6 As long as it's applied to everyone, I don't have

7 a problem with it. So, I know the City of Costa Mesa

8 currently doesn't have anything like that. And a lot of

9 the other meetings that I go to don't have -- go to this

10 extent.

11 I know the courthouses and everything have a lot

12 of security, but in Costa Mesa, it's fairly open for the

13 public. It doesn't -- it seems sometimes scary or

14 threatening to a lot of people and it kind of discourages

15 them from attending meetings and things like that.

16 Also, the public input on the branding. I hope

17 that you will have a lot of -- I think it's important,

18 especially that you cover all the things that are included

19 in the mission statement. Thank you.

20 ACTING CHAIR AITKEN: Thank you. Susie; right.

21 MS. GYOR: Yes.

22 ACTING CHAIR AITKEN: Okay. Perfect.

23 MS. GYOR: Good morning, everybody. Happy New Year.

24 Thanks for being here.

25 My name is Suzy Gyor. I'm a resident, a business

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1 owner, and daily user of the Equestrian Center.

2 I just wanted to make a few comments. You know I

3 was noticing that on the website -- the OC Fair website --

4 when you go to home, and I think it says "public," it says

5 that, "The OC Fair & Event Center welcomes public input

6 and participation."

7 But I can't help but wonder how much of that is

8 just lip service or, you know, are public comments -- are

9 being a little bit disregarded.

10 And a couple of examples of that, I think, could

11 be the meeting times. You know, I know the Board probably

12 has other jobs. We have other jobs. You know, couldn't

13 we -- maybe just even a couple times a year have a meeting

14 that's on a weekend or at night just so that some other

15 could participate.

16 Another thing that, you know, happened last year

17 was, you know, the culmination of the Master Site Plan.

18 Overwhelmingly, it was support for the Equestrian Center.

19 Over and over again at all of those meetings and then what

20 ended up put forth was, we're going to get of the

21 Equestrian Center and build an RV park. And I know that's

22 off the table now, but it's just another example of the

23 public comment not really, you know, being looked at or

24 listened to.

25 And then in terms of the re-branding, when that

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1 message went out for the public to come to the meetings,

2 the Equestrian Center is not even mentioned as being part

3 of the Fairgrounds. It's completely left off, which, you

4 know, I find this concerning, especially because just a

5 few weeks ago Michele and Ken were nice enough to come to

6 the Equestrian Center, look around, visit and say, "hi."

7 And, you know, we're just not mentioned. And,

8 you know, we are an important and unique part of the

9 community and you guys need to have a better vision for us

10 and what that property can be doing for the community.

11 Thank you.

12 ACTING CHAIR AITKEN: Thank you. Next, we have Lisa

13 Sabo and then Carolyn Beaver.

14 MS. SABO: Okay. Thank you very much. And good

15 morning and Happy New Year.

16 And the first thing I want to mention is from

17 being the president of the Orange County Fairgrounds

18 Preservation Society, last spring, when we had the Master

19 Plan debacle, we live-streamed. You probably remember the

20 meetings -- for about three or four meetings -- and the

21 cost was very minimal.

22 We just had some guys in here doing it and we

23 have 300 -- over 350 people watching those meetings on

24 live-stream. And if our little organization can do it on

25 just donated funds, you guys can do it. So please

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1 live-stream these meetings, and thank you for asking about

2 that, Ashleigh.

3 And, you know, I find a lot of money has been

4 wasted on these planned meetings and now we have the

5 branding meetings happening at $95,000. Last year, you

6 spent $250,000 on the Master Plan which just all fell

7 apart because they didn't listen to the public.

8 And then, apparently, they're doing an analysis

9 of the infrastructure and someone said they're -- you are

10 spending our money -- over a half a million on that.

11 And we need to watch where this money is going,

12 really, and be a better steward of the money and then

13 someone last night -- and I think I was so frustrated

14 being -- with the branding meetings we were totally left

15 out. The equestrians were just left off of the branding

16 meetings.

17 And then I received a PDF in my inbox from this

18 five-year strategy business plan that you would hire

19 Bill Kelly to do an organizational analysis last year on

20 the Fairgrounds.

21 And so this came out, actually, May 24th, 2018.

22 And it was, actually, put on a meeting agenda to discuss

23 this, apparently, and then we ran out of time -- or you

24 ran out of time at that meeting -- and, apparently, then

25 it was just disregarded.

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1 So as I read through this -- this -- it's, like,

2 a 30-page document -- it goes through the strengths. And

3 the number one strength here -- and this is why I think it

4 was disregarded:

5 Number one strength is the Equestrian Center is

6 one of the few in the county and over a thousand users on

7 a daily basis. And then the next thing: The Equestrian

8 Offers educational opportunities. It's an asset for

9 Costa Mesa. It's an emergency evacuation center. It

10 needs room to expand. It's a home for horses. Serves

11 ties to the county heritage.

12 And this was just all disregarded. You paid for

13 this plan. You paid for Bill Kelly to do this plan and it

14 was just disregarded. And then the weakness -- the very

15 first weakness -- amounts too much asphalt. Should have

16 more open space and green space.

17 Second thing is lack of sufficient Equestrian

18 Center space and trails on the property. Equestrian areas

19 need to be located closer to relative use, insufficient

20 stable space for large animal evacuations, lack of

21 transparency between the Fair leadership and to keep the

22 public better involved.

23 The Equestrian Center -- anyway it goes on and

24 on. And I will provide you a PDF copy for all of this and

25 the branding group.

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1 ACTING CHAIR AITKEN: Thank you, Lisa. Carolyn Beaver

2 and then Gibran Stout.

3 MS. BEAVER: Thank you. Good morning. I'm

4 Carolyn Beaver. I also ride my horse over at the

5 Equestrian Center. And I'm also the Chairman of the Board

6 of Changing Strides which I'll talk about in a little bit.

7 I would like to welcome the new members of the

8 Board. I didn't have the opportunity to attend the last

9 meeting, your first meeting.

10 So I'd like to quickly review a few things. Lisa

11 touched on these things regarding some of the prior

12 discussions about the Equestrian Center.

13 Last May, you had over 50 members of the public

14 here to speak in support of the Equestrian Center. We

15 went through the Master Plan process. We didn't ask --

16 excuse me -- ask for very much. Just trying to preserve

17 this true gem in Orange County.

18 The Board directed the staff that the Equestrian

19 Center is here to stay. Last April, I noted that the

20 Equestrian Center wasn't even mentioned on the Fairgrounds

21 website.

22 So, now it's been added to the website but in

23 tiny font at the very bottom. It's not on one of the

24 headings at the top for the key elements of the

25 Fairgrounds.

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1 The Equestrian Center has been part of the

2 Fairgrounds since 1979, and it's the only part of this

3 entire site that is used 365 days a year. And in the

4 branding email recently sent, the Equestrian Center wasn't

5 even mentioned as part of the Orange County Fair brand.

6 So it's time to set redirection for the staff

7 that the Fairground -- that Equestrian Center is here to

8 stay and to think differently about the Equestrian Center.

9 Imagine if we invested in the Equestrian Center

10 like the New York State Fairgrounds recently did, which

11 invested $9 million, we would not only provide a great

12 experience for at least a thousand people who ride here

13 each year, but also provide world-class events that the

14 public could come watch.

15 Imagine if we were one of the top equine -- top

16 10 equine sporting facilities like the Central States

17 Fairground in South Dakota. Imagine if we publicized the

18 Equestrian Center as an integral part of the Orange County

19 Fair and created more opportunities for equine events on a

20 year-round basis.

21 Imagine if we restore the footprint of the

22 Equestrian Center to what it was before so that we could

23 have dedicated facilities to provide equine therapy and

24 riding programs for at-risk youth which we are doing now

25 as part of Changing Strides.

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1 And I'll let you pass those around. But we do

2 have that program up and going and are excited about the

3 opportunity to do more. And to do more, we need funds.

4 And that is something that the Fair Board has expressed an

5 interest in that, and we would like to see that happen.

6 We would like to see the Fair have facilities

7 before -- for and FFA to use on a year-round basis rather

8 than have those facilities used for storage. We

9 appreciate being invited in the branding process. We want

10 to make sure that everyone is considered.

11 Thank you.

12 ACTING CHAIR AITKEN: Thank you. Gibran stout.

13 MS. STOUT: Good morning. Thank you for having me.

14 My name is Gibran stout.

15 I'd like to welcome our new members. Thank you

16 very much for stepping up and doing this great public

17 service.

18 Also, I definitely would love to see this

19 live-streamed because I know many people would and you'd

20 have less angry villagers here.

21 The audit, also, love to see that happen. I know

22 you guys requested that an independent audit be done and

23 the state responded that they have the resources to do

24 that in-house, if you will. So I urge you to pursue that.

25 Also, the re-branding. It's super confusing

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1 because it's $95,000. Why are we doing it? It's not even

2 on the agenda. But we're having all these public

3 workshops in, like, two weeks and it's not even on the

4 agenda.

5 And on the website, again, it doesn't list the

6 Equestrian Center even as a brand at all, which is weird

7 because of everything and everyone before me said. And

8 it's the only agricultural use on the property available

9 to the public 24/7 and it's been here since 1979 and it's

10 not even acknowledged as a brand; super confusing. And

11 that sends mixed signals, and so that's why you get

12 frustrated, angry people here, because duh. I'm sorry.

13 It's just -- it's such a huge thing. And it

14 could be so much more, like Carolyn was saying. We could

15 have livestock and equine educational events. We could

16 expand forage and FFA and provide an opportunity to kids

17 who live in this urban setting to really get some

18 hands-on.

19 We love Centennial Farm, but if you're under 18,

20 you can't volunteer. You can't do the work. You have to

21 be over 18 and it's really just a petting zoo and it's

22 fabulous, but we could have so much more.

23 You have this wonderful gem right here in this

24 urban setting, and I just urge you to remember this is an

25 agricultural District; listen to the public. We want to

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1 expand this agricultural experience in the middle of this

2 urban setting. We want our kids to know where milk comes

3 from. We want them to know what animals are like. And

4 all of the other things that everybody has gone into such

5 great detail.

6 And I think you know, but let's send a message.

7 You're an agricultural district; act like one, please.

8 Thank you.

9 ACTING CHAIR AITKEN: Thank you. Okay. We're going

10 to be moving on to the -- I'm sorry -- approval of the

11 minutes of the Board, November 15th Board meeting.

12 Before we do that, I just wanted to acknowledge

13 in our audience, we have John Quiroz from CDFA. Thank you

14 for being here today. And I also see our former CEO,

15 Mr. Doug -- so I just wanted to say welcome. We have some

16 VIPs in the audience tonight. How are we doing, Doug?

17 MR. DOUG: Great.

18 ACTING CHAIR AITKEN: So as everyone, hopefully, had a

19 chance to review the minutes from November 15th, 2018, and

20 if so, I would entertain a motion to approve those

21 minutes.

22 VICE CHAIR CERVANTES: So moved.

23 ACTING CHAIR AITKEN: Do we have a second?

24 DIRECTOR BAGNERIS: Second.

25 ACTING CHAIR AITKEN: You guys made me nervous for a

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1 second. Okay. With a motion and a second, we call the

2 roll call, please.

3 MADAM SECRETARY: Vice Chair Cervantes?

4 VICE CHAIR CERVANTES: Yes.

5 MADAM SECRETARY: Director Bagneris?

6 DIRECTOR BAGNERIS: Yes.

7 MADAM SECRETARY: Director Mouet?

8 DIRECTOR MOUET: Yes.

9 MADAM SECRETARY: Director Aitken?

10 DIRECTOR AITKEN: Yes.

11 MADAM SECRETARY: Director La Belle.

12 DIRECTOR LA BELLE: Yes.

13 MADAM SECRETARY: Director Pham?

14 DIRECTOR PHAM: Abstain.

15 MADAM SECRETARY: Director Rubalcava?

16 DIRECTOR RUBALCAVA-GARCIA: Yes.

17 MADAM SECRETARY: And Director Meyer?

18 DIRECTOR MEYER: Yes.

19 ACTING CHAIR AITKEN: Okay. Motion passes.

20 We're going to move on to the Consent Calendar.

21 Do anyone have any items that they would request be

22 pulled -- to be pulled from the general Consent Calendar?

23 MS. KRAMER: Director Aitken, I do.

24 ACTING CHAIR AITKEN: Thank you.

25 MS. KRAMER: We're going to pull SA-010-19PA. It's

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1 for Scenario Music Productions. We're going to pull this

2 contract. We got some additional work on to it and we'll

3 bring it back at a later date.

4 ACTING CHAIR AITKEN: I'm sorry. Can you say that for

5 me one more time.

6 MS. KRAMER: SA-010-19PA.

7 ACTING CHAIR AITKEN: Okay. Thank you.

8 DIRECTOR LA BELLE: I'd to like pull an item from the

9 Active Joint Powers Authority Agreement. And that would

10 be the new project for ceiling and striping carnival area

11 in the kiddie area.

12 ACTING CHAIR AITKEN: Okay. Any other items to be

13 pulled.

14 (No response)

15 If not, will someone make a motion to move the

16 remainder of the Consent Calendar.

17 VICE CHAIR CERVANTES: I so move.

18 DIRECTOR BAGNERIS: Second.

19 DIRECTOR LA BELLE: If I could, Madam Chair, I'd like

20 to speak to the --

21 ACTING CHAIR AITKEN: Could we just vote on the

22 rest -- remaining of the Consent Calendar first and

23 then --

24 DIRECTOR LA BELLE: Well, it relates to the Consent

25 Calendar.

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1 ACTING CHAIR AITKEN: Oh, I'm sorry. Please.

2 DIRECTOR LA BELLE: Yeah. No problem.

3 As I went through it and reviewed the rental

4 agreements, I've noticed that there are retroactive

5 approvals that we're doing on some of these.

6 And I clearly understand that it's for the area

7 where we have the camping going on. In addition to that,

8 though, I think on an earlier occasion we talked about

9 approving some actual amendments to agreements on a

10 retroactive basis, and I understand those things can

11 happen from time to time.

12 What I'd like to suggest is that we have the

13 Financial Monitoring Committee maybe, kind of, look at the

14 process that we're engaged in, and see there's some

15 improvements we can make to -- so that when those -- when

16 come before us on a retroactive basis, we know that the

17 Financial Monitoring Committee has looked at it.

18 Cities generally do warrant registers and usually

19 there's a committee of the council and staff that review

20 those before they go to the full Board.

21 So I'm going to vote for the motion, obviously.

22 But, I think, if we could have the Financial Monitoring

23 Committee, kind of, look at the process and see if there's

24 some things that we might do as a Board to -- to improve

25 the transparency and visibility of that.

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1 ACTING CHAIR AITKEN: Okay. So just to make sure I

2 understand, are you requesting that the CEO -- if there's

3 something that needs to be approved ahead of the next

4 Board meeting -- that the Financial Monitoring Committee

5 just be notified and potentially make that part of their

6 report?

7 DIRECTOR LA BELLE: Well, yeah. What I'm thinking

8 would be a good idea for the Financial Monitoring

9 Committee -- maybe just to sit down and see if there are

10 some things they would recommend to us as a full Board to

11 improve the process in terms of these agreements that

12 occur from time to time on a retroactive basis.

13 I'm not saying that there's anything necessarily

14 we need to do, but I'm just thinking it might be something

15 the Financial Monitoring Committee might want to look at.

16 DIRECTOR PHAM: I think what he's just saying is he

17 wants us to review the process.

18 ACTING CHAIR AITKEN: Okay. Would that be something

19 that you and the Chair of the Financial Monitoring

20 Committee could maybe report on as part of your committee

21 reports next month?

22 DIRECTOR PHAM: Yeah. Absolutely. Thank you.

23 DIRECTOR BAGNERIS: Call on the previous question. I

24 call for the previous question.

25 ACTING CHAIR AITKEN: Okay. Roll call.

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1 MADAM SECRETARY: Vice Chair Cervantes?

2 VICE CHAIR CERVANTES: Yes.

3 MADAM SECRETARY: Director Bagneris?

4 DIRECTOR BAGNERIS: Yes.

5 MADAM SECRETARY: Director Mouet?

6 DIRECTOR MOUET: Yes.

7 MADAM SECRETARY: Director Aitken?

8 DIRECTOR AITKEN: Yes.

9 MADAM SECRETARY: Director La Belle?

10 DIRECTOR LA BELLE: Yes.

11 MADAM SECRETARY: Director Pham?

12 DIRECTOR PHAM: Yes.

13 MADAM SECRETARY: Director Rubalcava?

14 DIRECTOR RUBALCAVA-GARCIA: Yes.

15 MADAM SECRETARY: And Director Meyer?

16 DIRECTOR MEYER: Yes.

17 ACTING CHAIR AITKEN: Okay. So that just leaves us

18 with the item that you pulled.

19 DIRECTOR LA BELLE: Correct.

20 DIRECTOR BAGNERIS: And Doug's.

21 ACTING CHAIR AITKEN: So you want me to make or we're

22 just --

23 MS. KRAMER: No. It'll come back on the Consent

24 Calendar.

25 ACTING CHAIR AITKEN: Okay. Thank you very much for

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1 that clarity.

2 Okay. Director La Belle?

3 DIRECTOR LA BELLE: Yes. I just wanted to ask a few

4 questions of Kathy and Ken: I certainly support the

5 project that's a -- it's a fairly costly project. But as

6 we talked about health and safety on a number of

7 occasions, it's very important that we have the areas

8 where we have a lot of activity going on -- not only

9 during the Fair but other times in this -- both safe

10 conditions as we possibly can.

11 Also, I'm wanting to know where we stand in terms

12 of the facility and infrastructure study that we're doing,

13 and I've mentioned this to Ken. Obviously, we need to

14 repair the problem that's out there. One of the

15 challenges is to try to make sure we don't come back a

16 year later and tear up half of what we've done to repair a

17 sewer line or water line or, you know, other improvements

18 on the site.

19 So that was my general concern. I support this.

20 And we'll certainly vote for this but just, kind of, get a

21 little update from Ken as to where we stand on that and

22 other things.

23 MR. KARNS: Sure. Thanks, Doug.

24 And Doug and I have had many conversations about

25 this in the last couple of years, especially in light of

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1 potential Master Site Plan projects. We don't want to

2 replace a new roof and take a building down. So we're in

3 full agreement there.

4 Your first question, it relates to the audit --

5 the infrastructure audit. We've been in communication

6 with CFFA and they're currently working on that, so we'll

7 get that rolling, so that's where that stands. This

8 project, for the two carnival areas, is preventive

9 maintenance, seal and strip, so investing a penny to save

10 a pound -- seal the concrete -- asphalt so that we don't

11 run into situations like we have on Lot G with rapid

12 deteriorations.

13 In reviewing those areas, we don't foresee in any

14 immediate future tearing -- tearing that up for -- for --

15 for anything or anything unforeseen.

16 So yeah, we're very cognisant of improving that.

17 So I appreciate that.

18 ACTING CHAIR AITKEN: Has the work on this project

19 started or do we have a start date?

20 MR. KARNS: Yeah. Jerry?

21 MR. ELDRIDGE: It's up. It's up. It is right now.

22 ACTING CHAIR AITKEN: Okay.

23 DIRECTOR BAGNERIS: Madam Chair?

24 MR. KARNS: Sorry. Jerry said -- just so that we

25 capture that -- as being in right now.

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1 DIRECTOR BAGNERIS: Madam Chair, I move the approval

2 of Item D on the Consent Calendar.

3 DIRECTOR LA BELLE: Second.

4 ACTING CHAIR AITKEN: Okay. Roll call vote, please.

5 MADAM SECRETARY: Vice Chair Cervantes?

6 VICE CHAIR CERVANTES: Yes.

7 MADAM SECRETARY: Director Bagneris?

8 DIRECTOR BAGNERIS: Yes.

9 MADAM SECRETARY: Director Mouet?

10 (No response)

11 Director Aitken?

12 MADAM SECRETARY: Director Aitken?

13 DIRECTOR AITKEN: Yes.

14 MADAM SECRETARY: Director La Belle?

15 DIRECTOR LA BELLE: Yes.

16 MADAM SECRETARY: Director Pham?

17 DIRECTOR PHAM: Yes.

18 MADAM SECRETARY: Director Rubalcava?

19 DIRECTOR RUBALCAVA-GARCIA: Yes.

20 MADAM SECRETARY: And Director Meyer?

21 DIRECTOR MEYER: Yes.

22 ACTING CHAIR AITKEN: Thank you. We're going to move

23 on to our Item 9 on our agenda.

24 I know there's some public comments up here. I

25 think we should have our committees do their reports and

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1 then I will be calling the public comments after each

2 committee does their reports.

3 First, we have the Heroes Hall Veterans

4 Foundation.

5 DIRECTOR LA BELLE: Just to note -- and I'll have

6 further comments on another agenda item related to the

7 relocation of the aircraft -- but the only thing I would

8 add is we have our next Foundation meeting -- pardon me --

9 on the 31st of January, and Sandra and I will be attending

10 that meeting and we'll give you an update after the next

11 Foundation meeting.

12 ACTING CHAIR AITKEN: Thank you very much. Next, is

13 there anything, Director Pham, for the Financial

14 Monitoring Committee.

15 DIRECTOR PHAM: We did not meet this month. I'm

16 looking forward to reviewing the full financials next

17 month.

18 It does warrant a review to put on the agenda as

19 an information item -- the 2016 CDFA item -- to discuss

20 and then what entails and review that as an information

21 item.

22 ACTING CHAIR AITKEN: Okay. Thank you. I'm going to

23 pass that along to Chair Ruiz for him to -- because he

24 does the agenda for next meeting. Thank you very much.

25 Legislative Monitoring Committee. That's me.

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1 So as our CEO alluded to, we are asking Sharon --

2 Assemblywoman, Quirk-Silva -- to potentially sponsor our

3 50/50 raffle again. Our consultants -- our lobbyists,

4 Gonsalves & Sons -- did give us and send us the new

5 committee assignments for all of our new assembly members.

6 I would like to ask our CEO to follow up with

7 them and just ask him -- or ask them -- you know, what

8 committees are most interest to us that we should really

9 start developing relationships for.

10 There are a lot of committees out there and a lot

11 of subcommittees and -- so that would be helpful. I look

12 forward to your meeting at WFA and see what kind of

13 support and feedback we get.

14 I know that, Director Meyer, you're also going to

15 be at Reno. I was going to see if you were available. If

16 you could attend that meeting and maybe make a report

17 for -- for the Legislative Monitoring Committee at next

18 month, as I'm not going to be there.

19 So that would helpful to have. If you could do

20 that for me. And just attend and -- and give a report on

21 that. That would be helpful.

22 And that is -- that's all I have for the

23 Legislative Monitoring Committee.

24 Tenant Liaison Committee: Director Pham and Vice

25 Chair Cervantes.

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1 VICE CHAIR CERVANTES: I have nothing at this time to

2 report.

3 ACTING CHAIR AITKEN: Okay. The Board of Directors

4 Governing Policy Manual Review Ad Hoc Committee: Director

5 Bagneris and Chair Ruiz is not here. So --

6 DIRECTOR BAGNERIS: No. I don't have anything to

7 report this month. I know that we did approve in the

8 budget. I'll move forward.

9 So if the CEO has anything to report on that, if

10 not, there's nothing to report at this time.

11 MS. KRAMER: Nothing to report at this time.

12 ACTING CHAIR AITKEN: Thank you very much. Safety and

13 Security Committee which would be Vice Chair Cervantes.

14 VICE CHAIR CERVANTES: Yes. We don't have anything to

15 report.

16 ACTING CHAIR AITKEN: Okay. Now, we'll take public

17 comment on matters for 9A.

18 First, we have Reggie Mundekis. I have two for

19 you for 9 --

20 MS. MUNDEKIS: I have three.

21 ACTING CHAIR AITKEN: Oh, I see. So Reggie, Reggie --

22 MS. MUNDEKIS: And I'm going to do them all at the

23 same time.

24 ACTING CHAIR AITKEN: Thank you.

25 MS. MUNDEKIS: Okay.

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1 ACTING CHAIR AITKEN: Three for Reggie. And then

2 after that, Adam Carleton, Vince Pollmeier, Lisa Sabo, and

3 Theresa Sears.

4 MS. MUNDEKIS: Good morning. I'm Reggie Mundekis.

5 And thank you for the opportunity to address you this

6 morning regarding the Board committees. I'm going to

7 start with my comments regarding the Finance Committee.

8 I am requesting that the audit -- the agenda --

9 the 2016 CDFA audit be agendized as an action item, not an

10 information item. This is far too important to be an

11 information item and remind everybody it's been buried by

12 staff since October 2018 when it arrived.

13 The Board has a fiduciary duty. In order to do

14 that fiduciary duty, this audit must be agendized as an

15 action item.

16 Regarding the Financial Monitoring Committee, I

17 request that all the meetings be public with agendas and

18 reports attached and meeting minutes.

19 We also -- I also request that the budget be --

20 made more user-friendly and allow enough information to

21 attract -- to attract the performance of individual items,

22 such as individual capital projects, business development

23 costs, the reduced rental rate programs, and other

24 spending by departments and functions.

25 Right now, the budget is just a long list of

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1 numbers that happens to add up, and we don't know how much

2 any area costs us. We just know that there's an aggregate

3 number for each year. We don't know how much Centennial

4 Farm costs us. We don't know, you know, what money we are

5 putting into Heroes Hall and how to better spend that

6 money and if we need to add more money to that budget. I

7 can set examples of municipal budgets which show what the

8 budget should look like to be user-friendly and

9 transparent.

10 I am moving on to the Policy Committee. The

11 current policies that were written by Bill Charney are

12 difficult to understand. They're full of loopholes and

13 they allow the CEO to -- to evade any kind of

14 accountability and responsibility.

15 CEO Kramer has been pretty adept at exploiting

16 these loopholes over the years. We need to have policies

17 which are clear, easy to understand, lay out clear duties

18 and responsibilities for the CEO, and allow the CEO to be

19 held responsible for their actions.

20 Policies like -- which are clear and concise and

21 easy to understand are what are commonly used in school

22 districts, cities, and businesses. And we need to have

23 that.

24 Bill Charney is not an acceptable as a policy

25 consultant. Okay. I want to make sure everybody

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1 understands that. He created a mess.

2 I would also like to request that we have an

3 infrastructure committee -- a facilities and

4 infrastructure committee created. We -- during 2017 and

5 2018, this fairground conducted a Master Site Plan process

6 which costs a quarter of a million dollars and produced

7 two proposals which were rejected as causing problems for

8 the neighbors and the community and not providing

9 resources needed by the community.

10 Also, inspection reports from the State Fire

11 Marshal and California Fair Services Authority pointed out

12 numerous safety and infrastructure issues which were

13 ignored by staff and needed to be addressed in a speedy

14 manner.

15 Staff were directed by the Board after the Master

16 Site Plan was put on hold to carry out a facility-wide

17 infrastructure analysis to determine the facilities,

18 buildings, and physical plant items which needed to be

19 replaced, upgraded, or replaced.

20 The Board budgeted half a million dollars for

21 this project. No scope of work has been brought back to

22 the Board. Staff have given direction for work to proceed

23 on this, even though no scope of work has been approved

24 during by the Board during Board meeting.

25 Staff have directed that there be lifecycle

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1 analysis of buildings, including mechanical, plumbing, and

2 other other systems, and that there would be a study of

3 electrical sub-stations and distributions, sewers, waters,

4 and plumbing. Staff has failed to include an ADA

5 analysis. And able-body person has trouble walking around

6 this property. I can't imagine what it's like for

7 somebody in a wheelchair, or otherwise not as healthy as I

8 am; it must be horrific.

9 A lighting study to improve parking lot lighting

10 to eliminate the use of portable lights powered by diesel

11 generators. This is an ongoing issue.

12 We need a power needs study to determine the

13 electrical service that needs to be brought into the

14 facility to -- to significantly reduce or eliminate the

15 number of large diesel generators which are used to power

16 shows such as Cirque du Soleil, the Pacific Amphitheater

17 shows, and the OC Fair shows, and the OC Fair and

18 carnival.

19 Staff and the carnival operators and other

20 operators were skilled at hiding these generators, so you

21 probably don't even know they're there, but there are many

22 large-scale diesel generators which operate around the

23 clock during the Fair.

24 We also need a traffic study to assess the impact

25 on the neighborhood, especially with the growth in events

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1 which is being pushed by staff, including to grow

2 year-round events.

3 And we also have other issues that need to be

4 addressed in this study, such as reducing the traffic on

5 Arlington Drive and storm water issues.

6 So I request that the Board place this

7 infrastructure study on the agenda as an action item and

8 give direction as to what needs to be included and to

9 allow the public to have input.

10 I may also -- I would also like to point out at

11 this time that this is the only agency that I have dealt

12 in Orange County that uses information items on a regular

13 basis for things of importance. Information items are

14 typically things like Girl Scouts getting up to announce

15 their cookie sale or people raising funds for a police

16 dog.

17 Things like audits would never be considered an

18 information item. That is way too important. And, you

19 know, it's disturbing what goes on here and we need to

20 turn this ship around and ride it. Thank you.

21 ACTING CHAIR AITKEN: Thank you.

22 Next, we have Adam Carleton, and then

23 Vincent Pollmeier, and Lisa Sabo, then Theresa Sears.

24 MR. CARLETON: Hello. My name is Adam Carleton and

25 I'd like to read a short letter from my attorney. It was

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1 an addressed to all the Fair Board members, Mr. Caplan, as

2 well as Ms. Kramer and Ms. Bullock. And he says:

3 "We represent Adam Carleton, Vice President,

4 Finance Administration for the 32nd DAA." And it says:

5 "Mr. Carleton is currently on involuntary administrative

6 leave which we believe is due to the circumstances

7 surrounding a recent audit report that questioned the

8 legality of certain transactions."

9 It says: "According to the final 32nd DAA 2016

10 audit reports released October 8th, 2018, a former

11 employee of the Fair performed no work for the Fair from

12 July 2016 through February 2017, but remained on payroll.

13 Presumably, these payroll distributions would

14 have been supported by CalHR Form 634, Absent and

15 Additional Time Worked Reports, but no such reports

16 reflecting work performed by the employee during that

17 period of time could have been submitted without being

18 fraudulent.

19 The audit describes an opinion in which the legal

20 division of the CalHR concluded that the no-work, no-show

21 payment arrangement was illegal; however, despite this

22 conclusion, the legal division also asserts that the DAA

23 cannot likely void the transaction or recover the funds.

24 The audit found that the arrangement resulted in

25 the unlawful overpayment of approximately $75,000 in wages

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1 and benefits to the former employee."

2 And it goes on and it has excerpts of the actual

3 audit. I was lucky enough. I had a good handful of these

4 documents in my possession. It also goes on and my

5 attorney asked that as the investigation is still ongoing,

6 I'd like to be apprised of the status of the investigation

7 and its expected duration and would like the opportunity

8 to respond and be heard; I would like due process.

9 And he also asks that the Board of Directors

10 ensure that the personnel preserve all relevant documents;

11 records, such as my work product, including all drafts,

12 computers, computer files, emails, and contents of my

13 laptop and other computers that others have used with

14 communication with me.

15 In the ATO letter, it's very non-specific. It

16 says, "This is the result of findings of possible errors

17 of your work and misconduct." It's been two months. I

18 have no list. I do not know what I have done. If there

19 is a list, please provide it. I can't even put in a

20 public records request to refute any of this.

21 I am your loyal servant. I am honest and

22 hardworking. Thank you.

23 ACTING CHAIR AITKEN: Thank you. Next, we have

24 Vincent Pollmeier, Lisa Sabo, and Theresa Sears.

25 MR. POLLMEIER: Good morning. Again, first off, I

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1 want to say that this Board needs to resolve that problem

2 ASAP. I mean, like before the day is over, okay.

3 I told you what I think the Finance Committee

4 needs. The Finance Committee needs to get on a stick. I

5 also want to point out that we've got a number of issues

6 here.

7 One of these is that, again, way too much is

8 done -- as Ms. Mundekis pointed out -- through these

9 information items.

10 I ask you, the members of the Board, to look

11 around. You know why they're information items on the --

12 on the agenda? Because she makes the agenda. And by the

13 way, for the record, I'm pointing at Kathy Kramer.

14 And she wants -- information items prevent you

15 from giving her direction to do things that she has to

16 follow. She's hornswoggling you, okay. You guys are

17 appointed by the Governor to be in charge; step up.

18 We've had repeated problems with infrastructure

19 here. We don't have -- and -- at -- at meeting after

20 meeting, I've heard good things about, "Oh, we really

21 should get an infrastructure and facilities committee."

22 We don't have one.

23 At meeting after meeting, I've heard, "Oh, we

24 should have three-person subcommittees so that they get

25 agendized and their -- their minutes taken and we have

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1 public -- public knowledge of what's happened. Month

2 after month, that sentiment has been expressed by members

3 of the public and members of this Board; nothing has

4 happened, okay.

5 The time has come. There was a song in the 80s

6 by an Australian group: "How can we dance when our beds

7 are burning?" Well, the time has come. Its got a line

8 and it says, "The time has come to say what's what."

9 And "what's what" is that this Board is not doing

10 its job. It is asleep at the switch. It is allowing

11 staff to run this place without oversight. You are

12 appointed by the Governor to be that oversight.

13 Now, California law allows you to call a special

14 meeting when there's public interest at risk. You have --

15 you have an audit report. If the audit report says what

16 Mr. Carleton says it has, then you have an out-of-control

17 CEO who's willing to break the law and spend money -- and

18 spend your -- the resources of the public.

19 Call a special meeting. Call a special meeting

20 this afternoon and get and -- and -- and take away this

21 CEO's authorities to do so. Step up.

22 ACTING CHAIR AITKEN: Thank you. Lisa Sabo.

23 MS. SABO: Okay. So I put in two cards for this

24 topic. One for the committee and then one for the water

25 drainage. I just want to make sure.

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1 But I'll get started. I'm going to change my

2 topic just a little bit because I just want to talk

3 quickly on the committee meetings. I --

4 ACTING CHAIR AITKEN: Wait. Just a second because --

5 MS. SABO: Yeah. I put in two cards.

6 ACTING CHAIR AITKEN: Two cards. I understand. So

7 one is just a general 9A. Okay.

8 MS. SABO: And then one's on the storm water drainage.

9 ACTING CHAIR AITKEN: Storm water. And which

10 subcategory would that be under.

11 MS. MUNDEKIS: Lisa, I think you might be referring

12 to -- I think it's 9D.

13 MS. SABO: 9D.

14 ACTING CHAIR AITKEN: Okay. We're just going to do

15 9A. Just our committee works right now.

16 MS. SABO: Okay. So the committee works.

17 ACTING CHAIR AITKEN: So three minutes, please.

18 MS. SABO: Okay. Real quick.

19 I started attending these Fair Board meetings way

20 back; 2005. They were changing the mission statement,

21 taking agriculture out, trying to get rid of the

22 Equestrian Center, and I was a trainer here at the

23 Equestrian Center, and hundreds of people were showing up.

24 We were in the Vet -- Vets Hall at the time and

25 it was really interesting because I, you know, all that

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1 fight of taking agriculture out, they wanted to make an

2 events center instead of an Equestrian Center, and that's

3 how I got started.

4 And I remember soon after that, 2007, the Fair

5 Board really pushed to go the two-person committee

6 meetings so they could hold them in private, okay. And I

7 didn't understand it at the time. I'm just a horse

8 trainer; right? So I sat through all these meetings and

9 they changed to three-person committee to a two-person

10 committee so all the meetings could be held in private.

11 It was shortly after that that the Fairgrounds

12 was slipped into budget-build privately, so the private

13 foundation that was formed by the Fair Board members could

14 be purchased for the Fairgrounds.

15 So that's when we formed the Fairgrounds

16 Preservation Society which now I'm the president of. And

17 sadly, a couple of the people are missing this talk. So

18 I'm just trying to educate the Fair Board members, okay.

19 It is so important that we go back to a

20 three-person committee and we get things transparent. I'm

21 going to beg you, as a new Fair Board member, to push for

22 a three-person committee so we have more transparency.

23 The other thing is, I'm going to beg Ashleigh and

24 Sandra -- and she just left -- that Sandra, last meeting,

25 held my hand and said, "Let's get the Equestrian Committee

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1 going again."

2 So, please, agendize it as an action item next

3 meeting. Let's have an Equestrian Center Committee so we

4 don't feel left out so we could make big things, you know.

5 And then coming in my email this week, New York State

6 Fairgrounds is to make a $9 million renovation in an

7 equestrian facility; they get it.

8 They talk about programs, youth, programs for

9 vets -- great things can happen at the Equestrian Center.

10 This is an agricultural District. Okay. Great things can

11 happen.

12 So, please, agendize it as an agenda item next

13 month -- three-person committees, Equestrian Center

14 Committee and let's take it back to 15-acre Equestrian

15 Center, put in some money for the project, and make it a

16 wonderful thing that it could be.

17 Salt lake City Fairgrounds, on their -- on their

18 website, they call it an Equestrian Park in the phrase the

19 use, "An equestrian park, also home of the annual state

20 fair." An Equestrian Park, that's also home as the annual

21 state fair. Let's bring back equestrian animals to the

22 Orange County Fairgrounds. Thank you very much.

23 ACTING CHAIR AITKEN: Thank you, Ms. Sabo. Theresa

24 Sears.

25 MS. SEARS: Good morning, Board. My name is

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1 Theresa Sears. I've been coming to these meetings since

2 early 2000s and I was actually involved in the sale, the

3 saga of the sale, and I was involved in the Fair Sale

4 Review Committee -- Committee, as well as the Operational

5 Needs Assessment.

6 Now, I'm guessing, for the new members, you

7 probably don't even know what that means, and there's

8 probably some members that don't know what that means.

9 And I can tell you for sure that there's probably staff

10 that doesn't know what that means.

11 Let me say, having these committees is super

12 important. And having them three-member person is -- is

13 important. Two members is good, provided you actually

14 allow public notice and the public to attend.

15 I get the frustration of the community. I don't

16 think we should beg. I think there are actually

17 government rules in place the people's right to know.

18 That's just a standard of our government. And there

19 should be absolutely zero begging.

20 I commend the bravery of Mr. Adam Carleton. I

21 mean, him coming up here and talking about these issues

22 reminds me of when we had the Fair Sale Review Committee

23 that investigated the District Attorney; investigated what

24 went on in the sale.

25 Now, we are actually in the -- it sounds to me as

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1 if we are, like, repeating history again. Some of the

2 charges that got brought up -- the accusations this

3 morning, were very disturbing to me and I think they

4 should be disturbing to the Board.

5 We have asked for the Equestrian Center Committee

6 to be put back on the policy as a policy committee. I

7 think it's super reasonable to have the facility and

8 infrastructure committee as well.

9 I mean, these are only helpful tools for this

10 Board because what happens in these committees is you have

11 people that actually care about the issues -- coupled with

12 Board members and staff -- that can just drill down on

13 issues that can actually produce needed product for -- for

14 the Board to consider. Those are super important.

15 Let's remind everybody here, staff is not the

16 stakeholders. Staff are the paid employees. We are the

17 stakeholders and there's ton of other stakeholders out

18 here.

19 So, Bill Kelly -- for those of you that don't

20 know, and Doug can actually confirm this -- Bill is a --

21 was a city manager -- a retired city manager. He was

22 hired by this Fair Board to actually serve on the Fair

23 Sale Committee to actually understand what went on at the

24 DA's investigation. He was so good on that committee and

25 so well-balanced that they actually hired him to help him

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1 with the organizational needs assessment.

2 Bill understands how government runs. And that's

3 why you need a guy like that. To have this document, the

4 five-year strategic business plan completely just buried

5 when he wrote it. It's interesting.

6 ACTING CHAIR AITKEN: Thank you. Okay. If there's no

7 further comments, we're going to move to item 9B. Update

8 on the relocation of the A-4 Skyhawk aircraft.

9 Director La Belle, would you like to take the

10 lead on that or CEO Kramer?

11 MS. KRAMER: That's fine.

12 DIRECTOR LA BELLE: Yes. I could make the initial

13 comments and then I'll turn it over to Ken.

14 At the last Board meeting, we indicated that we

15 would be meeting with county representatives to discuss

16 the relocation. That meeting did occur.

17 Ken and I and staff attended the meeting in

18 December with representatives from the county CEOs office.

19 And the Chair of the Foundation, Nick Berardino, was at

20 the meeting as well.

21 It was a very productive meeting and the County

22 indicated they would prepare a draft MOU, Memorandum of

23 Understanding, and circulate that among the parties. We

24 have received it. I have not reviewed it yet, but Josh

25 has it in his position as our Legal Counsel. Ken has gone

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1 through it and made some comments.

2 We would be hoping to get this draft MOU back to

3 the full Board, if not at your February meeting, at your

4 March meeting. We clarified the specific absolute

5 timeframe for the plane to fly out of Orange County and

6 into the Fair & Event Center no later than October.

7 We're trying to move as quickly as we can, and

8 hopefully, have the project completed by fair time. That

9 may be overly optimistic but as the Board knows me, I

10 generally tend to be optimistic. And staff is working

11 very hard to try to make -- to make that happen.

12 One thing that will need to occur is we would

13 need to have a final plan prepared -- schematics -- and it

14 would have to be bid as a public project.

15 And ATI, I believe, was the firm that did the

16 Heroes Hall project originally and through CDFA. And they

17 would be the logical ones to do the site work. So part of

18 the recommendation -- so we could keep things moving.

19 Again, we're going to have to pay for something,

20 the County is going to have pay for something. It's yet

21 to be determined. And that's the final action that the

22 Board will take and the Board of supervisors. But we'd

23 like to go ahead and have CDFA -- have ATI begin doing

24 some preliminary work so we can be prepared when the MOU

25 is completed.

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1 With that, I'll turn it over to Ken and he can

2 correct anything I've said and add anything he wants.

3 MR. KARNS: You covered it. Great job. Thank you.

4 MS. KRAMER: Thank you. I just want to clarify

5 something. And I'm going to ask the AG, Josh Caplan,

6 to -- Doug, and as we're talking about this, I just want

7 to make sure, we've identified -- I'm assuming this motion

8 is going to come forward and identifying ATI. Is that the

9 direction you want to give staff to do these services?

10 ATI?

11 DIRECTOR LA BELLE: I'd like to get the process

12 started.

13 MS. KRAMER: Okay.

14 DIRECTOR LA BELLE: There's a little bit of risk

15 involved prior to the MOU being completed. But it is

16 going to be on our site. It's going to be our

17 responsibility, basically, of designed and maintain the

18 site.

19 So, I think, it's worthy of starting the process

20 in advance. Again, that's totally up to the Board. You

21 can wait to that that until the MOU is finally approved in

22 February or March.

23 But I just think -- I think the Board has been

24 very clear that we want to make sure that we move forward

25 with this and it's something that we all collectively want

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1 to do.

2 MS. KRAMER: I think where -- I just want to make sure

3 because according to the recommendation -- Josh, help us

4 on this -- we don't want to do anything to slow the

5 project down.

6 So, according to the recommendation, we're saying

7 that ATI, they recommend CFFA recommend ATI. No ATI is

8 one of the architects that's in their approved list. I

9 just worry -- and I want to get clarification -- because

10 if we move forward for some reason, we don't know that

11 yet. Is ATI available to do the work?

12 And then the other piece, where if we do make a

13 motion, per this recommendation, then within the 20,000.

14 What if ATI is not available to do the work, and what if

15 that number would come in?

16 And, again, I don't -- then we'd have to come.

17 If -- if we make a motion doing that, would we have to

18 come back to the Board if we couldn't meet those criteria?

19 I don't want that to stall this.

20 MR. CAPLAN: Well, I can add two pieces. The first

21 would be, you know, determine whether the process of

22 building out in this sort of space necessary to

23 accommodate this aircraft. If that requires going out to

24 bid to hire someone to do that, if that's going to be done

25 internally.

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1 Regarding designing of what the space would look

2 like, and I leave this to the Board's discretion, but to

3 provide some more flexibility, it may make more sense to

4 direct staff to work with a particular subcommittee. So

5 in the event ATI is not available -- and to not slow down

6 the process from month to month -- staff can work with

7 that subcommittee to consider other options.

8 But, again, the underlying issue here is to make

9 sure that whatever dollars are expended on a project, that

10 that project is required to be publicly bid that is

11 publicly bid.

12 MS. KRAMER: And it will be, Josh, through -- I think

13 this says that -- because CFFA will do that piece.

14 MR. KARNS: For clarity --

15 MS. KRAMER: Yeah.

16 MR. KARNS: -- hiring a consultant to allow the bid

17 because they're on the approved list for the scope of

18 work --

19 MS. KRAMER: But what if -- what if that particular

20 constantly who's not on the approved list is not

21 available?

22 I just don't want us to get caught up in the

23 language if we approve this, as is recommended, to

24 handcuff us to not be able to move the project to have to

25 come back to full Board, but if that sounds like a viable

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1 solution from either the provider or the dollars that

2 we're allocating.

3 DIRECTOR BAGNERIS: The input I would make is I'd like

4 to see the MOU before we move forward on anything. But

5 not to hold up, I mean, if this subcommittee can help to

6 keep things moving, that's great. But I'd really like to

7 see the MOU before we jump in all feet forward because we

8 don't know what the city is going to decide to do,

9 ultimately. And we don't have that MOU to know.

10 ACTING CHAIR AITKEN: Yeah. My question is: Can you

11 clarify for me what the scope of work that ATI architects

12 is -- we're asking them to do.

13 Obviously, they're not going to be moving the

14 Skyhawk, but we're asking them to do what on our property?

15 MR. KARNS: So the scope of work for the project, in a

16 nutshell, is we have to take the plane from where it is,

17 move it down the road, build new infrastructure, new

18 pedestal, and remount the plane.

19 Sounds simple enough, but that scope of work has

20 to be detailed out; all the groundwork, concrete,

21 up-lighting -- all the structural. That all has to be

22 detailed.

23 And that scope of work has to be bid off. We

24 need to work with the architects and engineers to write

25 that scope, put the bid package together, and get it out

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1 to bid.

2 Rules dictate that we work through CFFA. CFFA

3 has a list of approved architectural engineers, ATI being

4 one of them. There's some -- ATI, they did Heroes Hall.

5 So, that's all well and good and can move forward. And

6 bided out, I think we can run two tracks, have the MOU

7 going while we're getting this going.

8 The question, in a nutshell is: If ATI is not

9 available and it comes in at 21,500, would we lose a month

10 by having to come back to the Board to reapprove this

11 motion?

12 So, I think, instead of saying, in absolute, use

13 ATI and be $20,000. We can direct us which we're already

14 doing, engaging with CFFA, engaging with ATI, and target

15 at $20,000.

16 If that's not possible, use a subcommittee.

17 Maybe Financial Monitoring or Heroes Hall or a committee

18 that's applicable. Say, "Yes, ATI. We hit the mark on

19 20." Or, "No, it's ABC consultants because they're

20 available and it's 225." And then we don't stall.

21 DIRECTOR BAGNERIS: Don't you still have to bring that

22 back to the Board, though? Or is that within the 100,000

23 that we allocated as a capital project? Is that how it

24 is?

25 MR. KARNS: Sorry. The Board has to approve a hundred

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1 thousand. The MOU will show how much the county is

2 bringing to the table and then we have a hundred thousand

3 dollar budget. It's a budget number. It becomes under or

4 comes in over, we have to -- based on a certain amount --

5 bring it back to the Board. There's the contingency money

6 and all those kinds of things.

7 ACTING CHAIR AITKEN: One of the things I wanted to

8 have Ms. Richards remind me of -- because, I think,

9 when -- when we get to, obviously, the scope of work is

10 going to -- ATI would not be responsible for designing the

11 pedestal --

12 MR. KARNS: That's what they would --

13 ACTING CHAIR AITKEN: Oh, we do want them to actually

14 design what it's going to physically look like.

15 MR. KARNS: Yes.

16 ACTING CHAIR AITKEN: Because I do think, in my

17 opinion, that we should have the Heroes Hall subcommittee

18 then look at this.

19 Because when we did the Agricultural Farm Workers

20 Memorial, we had a lot of different artist renderings -- a

21 lot of different concepts. And I feel that for the

22 aesthetic of the property, this is going to be a bigger

23 deal than just sticking a plane on a pedestal. We want it

24 to be inviting. We want it to be educational. All the

25 work we put into, what the plaques say at the memorial.

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1 I mean, I think, just not having the committee

2 maybe be also charged with this, you know, would put us --

3 make this a little bit out of Board control, and I,

4 personally, as a Board member not comfortable just turning

5 over. Their artistic vision of this property might be

6 extremely different than this Board.

7 So, Ken, you know, I don't want to overstep my --

8 since I am just keeping this seat warm as Chair -- I'm

9 going to then just maybe make a recommendation to

10 Chair Ruiz to turn this all -- the full scope of this

11 project over to the Heroes Hall Committee, which would

12 include for you guys to look at potential -- be the point

13 people for artistic renderings, problems that come up, and

14 then if we could broaden the motion in a way that you're

15 comfortable with, Director La Belle.

16 Because I would like to get this moving, so

17 that -- I'm confident enough that the County is going to

18 work with us and that we will have an MOU. I'm confident

19 making that initial expenditure to get the ball rolling so

20 that we can be really to go when they're ready to fully

21 pay to move the entire project over to the Orange County

22 Fairgrounds.

23 MR. KARNS: And I echo that sentiment. And -- and

24 capturing it, I think it's great because, you know,

25 they're going to have to stay close on it and we continue

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1 to stay close on it. But if you memorialize that and ask

2 the committee, that -- that helps us even more.

3 DIRECTOR LA BELLE: I think -- certainly, I can't

4 speak for Vice Chair Cervantes -- but I'd be more than

5 happy with the Vice Chair to go through those concepts.

6 And most importantly, I think we need to bring

7 the full package back to the Board before we go to bid in

8 terms of what it's going to look like, what's going to be

9 added into it so the full Board has the opportunity to

10 say, "No, we don't like that bench. We like this. We

11 like that."

12 And then we bid it after that point in time. And

13 I think that's what we did on the Worker's Memorial. It

14 came back. Director Ashleigh and Director Berardino

15 completed that process. It came back to the full Board

16 for not only final blessing but final action.

17 ACTING CHAIR AITKEN: Yeah. So if nobody wants to --

18 yeah. I think instead of making another ad hoc committee

19 for this short-term project, my recommendation would be

20 for you guys to take -- if you're willing --

21 VICE CHAIR CERVANTES: Yes.

22 ACTING CHAIR AITKEN: -- to take this on.

23 Is there a motion that somebody would like to

24 make that gives us the proper leeway there? Counsel

25 thinks we need in order to -- in order to get this ball

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1 rolling.

2 (No response)

3 Okay. And then I need to take public comment on

4 this.

5 MADAM SECRETARY: I need a clear motion.

6 MS. KRAMER: Yeah. I don't know that we're all clear

7 on what the motion is.

8 ACTING CHAIR AITKEN: Okay. Well, I don't think we

9 have a motion made.

10 Well, you know what, let's take public comment

11 first and then we'll -- maybe that will give us some

12 clarity. I'm putting the cart before the horse a little

13 bit.

14 First, we have Reggie Mundekis, then

15 Beth Refakes, and Vincent Pollmeier.

16 MS. MUNDEKIS: Hi. I'm Reggie Mundekis. And thank

17 you for this opportunity to address you this morning

18 regarding the update of the relocation of the A-4 Skyhawk

19 from the Orange County Civic Center to the Orange County

20 Fairgrounds.

21 This is a great idea on a wonderful project and

22 will contribute a lot to the historic character of the

23 property. The proper place for this is next to Heroes

24 Hall where we have all agreed that it's going to go.

25 We need more projects like this that build

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1 community for this Fairgrounds; this property has become

2 too commercial with a push to make more and more money

3 every single day, including the weekdays.

4 And we need to bring back the community. This is

5 one of those nice little projects that starts to bring

6 back the communities. I see the plane as becoming a focal

7 point for the Fair, as in, it's where you tell your kids,

8 "You know what, here's your carnival wristband and 50

9 bucks to get some food, and meet back at the plane at

10 4:00, so we can go out and get some dinner."

11 So this is a -- this -- this is a benefit to

12 everyone. We need to look for other benefits. We need --

13 such as this -- other historic items, other cultural items

14 which can be brought here to be displayed and preserved

15 and made a part of the educational context and community

16 context of this property.

17 This is public property. That's what this

18 property is for and that is what this money is for.

19 Thank you.

20 ACTING CHAIR AITKEN: Thank you. Ms. Refakes.

21 MS. REFAKES: Yes. I want to thank Director La Belle

22 for, you know, really jumping on this. This is a great

23 project. I don't think that, you know, anything should

24 really hold it up.

25 If ATI is not available, I would suspect that you

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1 could go to another vendor on the approve list without

2 much problem. I also think that you should leave the

3 Heroes Hall Committee to make some of the decisions and to

4 deal with it and work with the vendor and -- because

5 they've been involved in the Heroes Hall project pretty

6 much from the start.

7 And it's no secret. I've been a big supporter of

8 the Heroes Hall project since it was envisioned. And I

9 think this is a great community project and you need to

10 move forward and not hold it up. And I would hope that,

11 at least, this would be relocated in time for the

12 Veterans Day event coming up.

13 I know fair time would be nice, but if you can't

14 make that deadline, I would hope that it would be

15 available around the Veterans Day event because I think it

16 would be just terrific to have that in place. Thank you.

17 ACTING CHAIR AITKEN: Thank you very much.

18 Mr. Pollmeier.

19 MR. POLLMEIER: I want to echo the sentiments of the

20 two people who spoke before me about how good the -- what

21 a great program this is.

22 But I want to, for a moment, actually, step back

23 into the weeds -- step back into the weeds and ask -- and

24 to talk a little bit about the process.

25 This effort to move that A-4 Skyhawk from the

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1 Orange County Civic Center which, personally, I'm a little

2 torn on because that's where I eat lunch.

3 In any event, the move has been going on for

4 several months. And I ask the members of public to think

5 about this -- those of you who come to these meetings

6 regularly and the members of the Board -- at no point in

7 this process have we, the public, or you, the Board, ever

8 been in doubt about what's going on.

9 It's been done publicly. It's been done openly.

10 Doug has come in every meeting and laid out in great

11 detail about what's going on in conjunction with Ken on

12 the staff side of things. It's been done publicly. It's

13 been done openly. It's been done transparently.

14 You can do it. It can be done. Why isn't

15 everything here being done that way? Okay. I mean, it's

16 not magic. And I want to commend Doug for --

17 Director La Belle -- for all the incredible work he's done

18 on this and for keeping it out so that -- I don't know if

19 there's been any member of the public who didn't, at any

20 time, know what was going on with this project.

21 What was going on with the project. What the

22 status of the project was, potential cost of the

23 project -- all of that.

24 And that's the way public agencies suppose to

25 operate. And that's all I have to say.

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1 ACTING CHAIR AITKEN: Thank you. Okay.

2 So is there a motion that somebody would like to

3 make.

4 DIRECTOR LA BELLE: Let me try to a motion and see if

5 it works.

6 I would move that we move forward with ATI in an

7 amount not to exceed 20,000. I think that's important.

8 Or if ATI is unavailable, that another

9 architectural firm that is approved by CDFA would be used

10 and in those preliminary concepts are developed that the

11 Heroes Hall subcommittee, Vice Chair Cervantes and myself,

12 would review those options and upon completing that

13 review, prior to going out to bid on the project --

14 because at that point in time, we would have the MOU.

15 We would have all of the -- the scope of work

16 outlined -- that it be returned to the full Board for the

17 full Board to take final action on the project and we

18 would then go to bid and complete that project at that

19 time.

20 So that would be my motion.

21 MR. CAPLAN: If I could just make a recommendation.

22 Doug, I think in your motion, you referred to

23 CDFA. I'm presuming you meant CFFA.

24 DIRECTOR LA BELLE: Yes, I did.

25 MR. CAPLAN: So just make sure that the record is

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1 clear on the motion on what direction and staff has

2 authority to do. Because, obviously, CDFA doesn't

3 maintain --

4 DIRECTOR LA BELLE: Okay.

5 ACTING CHAIR AITKEN: So the motion is to direct the

6 staff through CFFA to engage the services of ATI

7 architects and engineers or a similarly approved

8 architectural agency to develop a scope of work not to

9 exceed $20,000 and any drawings and/or preliminary

10 decisions will be under the purview of the Heroes Hall

11 Committee.

12 DIRECTOR BAGNERIS: Second.

13 MR. KARNS: All right. One question.

14 DIRECTOR BAGNERIS: I still second.

15 MR. KARNS: I don't get to get hung up.

16 If it's 20,000 and one dollar, does the committee

17 have the authority to direct staff on behalf of the Board?

18 So we've addressed that. If ATI is not available we can

19 go to the next fast vendor.

20 But if the budget is restraining, do you want

21 that to come back and go to the Committee to recommend?

22 ACTING CHAIR AITKEN: Would the Director accept a

23 friendly amendment to have the Committee be empowered --

24 if the budget is over $20,000 -- to be within the

25 discretion of the Committee to allocate additional funds

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1 that they may see necessary.

2 DIRECTOR BAGNERIS: As long as it doesn't exceed the

3 hundred thousand dollars.

4 MR. KARNS: Right.

5 ACTING CHAIR AITKEN: Oh, good Lord, I hope not.

6 DIRECTOR BAGNERIS: No. But that's the whole point.

7 The Board approved the hundred thousand for the total

8 project.

9 So just the fact we only want to spend 20 and if

10 it goes over 20, we're giving them the authority to do

11 that. But just remember, the rest of that balance is what

12 you'll have to actually move the bird here and that kind

13 of thing.

14 So I think that's important because you have to

15 cap it somewhere.

16 ACTING CHAIR AITKEN: No, no. We have a motion and a

17 second. So this is part of the discussion of the motion.

18 The $20,000 budget, I'm assuming, came from

19 where?

20 DIRECTOR BAGNERIS: His recommendation.

21 DIRECTOR LA BELLE: It's 20 percent of, basically, the

22 estimated amount that we have budgeted as a Board for

23 doing that.

24 I'm okay if it's 20,000 and one dollar or 20,000

25 and 100 dollars. If you want to leave that up to Vice

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1 Chair Cervantes, I don't have -- giving my past life

2 experiences in dealing with these kind of issues, it's

3 very important you make it very clear to the architect or

4 engineer as to what the budget is.

5 And I think Director Bagneris made a very good

6 point. Obviously, there's 100,000 there. We're not going

7 to spend anywhere as near that; we'll have nothing left.

8 But I think we need to make it as clear as we can to CFFA

9 that your budget is 20,000.

10 MR. CAPLAN: The other wrinkle I'm going to add,

11 Acting Chair Aitken, is that if the Board is delegating

12 authority to a subcommittee to make dollar amount

13 decisions, those two-person committee meetings would have

14 to be made public. And that's under Bagley-Keene.

15 ACTING CHAIR AITKEN: That's why I was initially

16 trying to --

17 DIRECTOR LA BELLE: We're fine with that. Yeah.

18 ACTING CHAIR AITKEN: Well, I was trying to guess if

19 we had a -- if we -- if there was a reason that we took

20 $20,000 based on past performance and it was an estimate.

21 Or do we need to do then $25,000. Is that

22 something, you know, how can we get it as close to what

23 you'll need without having to come back to the full Board.

24 DIRECTOR LA BELLE: Well, I -- I -- I think it's --

25 it's important that we make it as clear as we can to

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1 whoever the architectural firm is. Here's the budget you

2 have to work with.

3 You know, if we don't -- they take on a life of

4 their own. And I think having a -- Vice Chair Cervantes

5 and I have a public meeting to get input on the various

6 concepts that we come up with. I think it's a really good

7 idea and I'm fully supportive of that.

8 Maybe if you can give us latitude of 10 percent.

9 It's 10 percent one way or the other in terms of -- of the

10 20,000. So we can go up to 22 or whatever the case may

11 be. I think it's important that we control that -- that

12 number.

13 And, again, I base that on past experiences.

14 Some of which are good and some of which are not so good.

15 ACTING CHAIR AITKEN: Okay.

16 So I think the motion is it still stands we're at

17 the $20,000 level. So would you like to amend it or do

18 you feel comfortable with the $20,000?

19 DIRECTOR BAGNERIS: I'm okay with 20,000.

20 DIRECTOR LA BELLE: I'm good with 20,000. I think

21 it's --

22 VICE CHAIR CERVANTES: I'm also good.

23 ACTING CHAIR AITKEN: Yeah. I think that --

24 DIRECTOR LA BELLE: Based upon -- based upon on what

25 we envisioned it being, I'm good with that.

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1 ACTING CHAIR AITKEN: Okay. Then I will --

2 MS. KRAMER: Not trying to -- just a scenario.

3 So if, for some reason, it does come over that,

4 now if you put that 20,000, Josh, we would have to come

5 back to the Board because that was the direction at

6 another Board meeting and get it approved if it was an

7 amount over? Is that what I'm hearing?

8 MR. CAPLAN: Yeah. So if ATI or the other selected

9 engineer comes back at $20,001, it would need to be

10 agendized and brought back to the full Board.

11 ACTING CHAIR AITKEN: And I'm comfortable with that

12 given that Chair Ruiz is not here. I don't want to

13 delegate authority. I will never be asked to be acting

14 chair ever again.

15 So I will call the motion.

16 DIRECTOR MEYER: Second.

17 MADAM SECRETARY: Vice Chair Cervantes?

18 DIRECTOR BAGNERIS: I second it.

19 DIRECTOR MEYER: Oh, okay.

20 MADAM SECRETARY: Vice Chair Cervantes?

21 VICE CHAIR CERVANTES: Yes.

22 MADAM SECRETARY: Director Bagneris?

23 DIRECTOR BAGNERIS: Yes.

24 MADAM SECRETARY: Director Mouet?

25 DIRECTOR MOUET: Yes.

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1 MADAM SECRETARY: Director Aitken?

2 ACTING CHAIR AITKEN: Yes.

3 MADAM SECRETARY: Director La Belle?

4 DIRECTOR LA BELLE: Yes.

5 MADAM SECRETARY: Director Pham?

6 DIRECTOR PHAM: Yes.

7 MADAM SECRETARY: Director Rubalcava?

8 DIRECTOR RUBALCAVA-GARCIA: Yes.

9 MADAM SECRETARY: And Director Meyer?

10 DIRECTOR MEYER: Yes.

11 ACTING CHAIR AITKEN: Okay. Thank you very much,

12 everybody.

13 Our next item is 9C, Discussion on the District's

14 Request for Proposal Process. This was something that was

15 asked to be agendized by Director La Belle.

16 Would you like to start?

17 DIRECTOR LA BELLE: Yes. And, again, this goes to

18 some of the earlier comments that we've heard not only

19 today but in the past relative to the budget process.

20 What I think is --

21 DIRECTOR BAGNERIS: The Proposal Process.

22 DIRECTOR LA BELLE: -- is concern -- is a concern of

23 mine is that there's a lot of stuff in that budget that's

24 been approved, and I think it's important on different

25 projects.

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1 If it's going to exceed one year in term and

2 50,000 in scope, that it should come back to the full

3 Board for us to review the RFP before the RFP hits the

4 streets to make sure that there isn't anything in there

5 that we, as a Board, have issues or concerns with.

6 It gives us the opportunity to provide direction

7 to staff. Again, it goes back to transparency. And if

8 five members of the Board say the RFP is great and four

9 members say, "No. We don't want to do it." We do it

10 because five members of the Board said policy.

11 So, and I think it's important that we don't get

12 a year into it and then something shows up on the Consent

13 Calendar at the end after we've gone through this process

14 of hiring or selecting a consultant through an RFP

15 process.

16 I think we need to weigh in on the front end and

17 make sure that it's something we want to do. So that's my

18 thoughts on it. And, again, it's totally up to the Board.

19 ACTING CHAIR AITKEN: Okay. So you requesting a

20 policy to be implemented by this Board that says that the

21 Board approves RFPs before they go out.

22 DIRECTOR LA BELLE: What I'm -- yes. What I'm saying

23 is that any RFP that exceeds $50,000 in value and it goes

24 longer than one year in term would come back to this full

25 Board for a review prior to the RFP being distributed.

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1 That's my recommendation.

2 ACTING CHAIR AITKEN: Okay. CEO Kramer.

3 MS. KRAMER: I think just -- I think it would be very

4 helpful if we could, kind of, walk through the process of

5 how we do RFPs.

6 If you recall, staff provided a list of the 2019.

7 All the RFPs, those are part of the budget. Those are all

8 itemized and value of those in the budget. We follow the

9 State of California Contracting Guidelines for RFPs.

10 We -- the District -- and I'm looking at our

11 attorney, Josh Caplan, as he walks in -- has approved our

12 template. Nothing has changed. It's a template that we

13 use for all of the RFPs as approved by the AG's Office.

14 The only thing that staff does is create the

15 custom scope of work. That scope of work is done in

16 collaboration with the contract manager, who would be the

17 subject matter expertise, and then the executive team to

18 do that.

19 There's also a cross-functional team that

20 actually participates in the RFP scoring process. We are

21 not allowed to bring as State -- process -- State --

22 contracting processes do not allows you to bring anyone

23 else like a subject-matter expert to be part of that

24 scoring. That all has to be done by the District.

25 Our contracting maintains a database of vendors

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1 that we solicit. We do a very robust outreach directly

2 related, you know, in industry and we also post on our

3 website and various industry publications.

4 We generally enter into two-year contracts and

5 any extensions are for one year. We also have an "without

6 cause," that at any time the Board so took that action,

7 they could cancel a contract.

8 So I'm -- I hear what you say. I just -- I'm --

9 I'm worried how this would -- not worried, I know this

10 would significantly slow down the process if a scope of

11 work had to be -- because really everything else, as I

12 said, is template -- what we're doing on that scope of

13 work.

14 Could I -- could we make -- could there be --

15 could the Tenant Liaison or another committee -- the

16 Financial Monitoring Committee could maybe work with us if

17 you want some oversight there.

18 But because of timing, this would significantly

19 slow the -- slow process down. Again, as we follow all

20 the state contract processes. So I just want you to be

21 aware of that if we bring to a screeching halt.

22 ACTING CHAIR AITKEN: So do we have a -- just for --

23 as a case study, what's the next RFP where you could

24 potentially be sending out?

25 MS. KRAMER: I don't have that list. I didn't bring

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1 the nine that we are doing. Do you know, Ken?

2 MR. KARNS: I don't know what's next.

3 ACTING CHAIR AITKEN: Just an example.

4 MR. KARNS: Our.

5 MS. KRAMER: Cleaning services.

6 MR. KARNS: Yeah. Our grounds, cleaning, and sweeping

7 services, I think, is up. And I believe our janitorial is

8 up and the team is working on those RFPs as we speak.

9 ACTING CHAIR AITKEN: And when are those going out?

10 Do we know?

11 MS. KRAMER: I believe several of them are in the

12 process. I don't know which ones have been out, but all

13 of them we're actively, you know, chronologically working

14 on, so --

15 ACTING CHAIR AITKEN: Do we think they'll be released

16 before the next Board meeting or is this in two-month,

17 three-month --

18 MR. KARNS: Oh, no.

19 DIRECTOR MOUET: What is the value? More or less. Is

20 it over a hundred?

21 MR. KARNS: Oh, yes.

22 DIRECTOR MOUET: And it's more than two years or at

23 two years?

24 MR. KARNS: I believe we put it at two with three

25 one-year.

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1 MS. KRAMER: I guess what would help staff is what

2 problem, I guess, are we trying to solve?

3 I mean, is there some issue through the process

4 that we're missing? I'm just trying to help us how we can

5 understand what -- what is an issue and how to solve it.

6 DIRECTOR LA BELLE: Let me give you another example,

7 if I might through the Chair.

8 We spoke earlier about the infrastructure and

9 facilities assessment. I think bringing that scope of

10 work back so that we understand exactly what we're going

11 to be doing in terms of that process and we make sure that

12 we get everything incorporated into that scope of work

13 that addresses issues relating to the Equestrian Center,

14 that addresses issues relating to anything on the site.

15 That's where I'm coming from.

16 So that we, as a Board, have a clear

17 understanding of exactly what our expectations are and

18 when that's going to be completed and we don't wait six

19 months for it to show up on the Consent Calendar as a

20 consent item.

21 If we have issues with it, it's too late at that

22 point in time to raise those issues. Now, the janitorial

23 contract or other things like that, you know, it's a

24 little more -- I won't say routine or mundane -- but it's

25 a little more -- it's the issues relating to policy things

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1 that we need to be aware of and we need to make sure that

2 we've had a discussion at a public meeting so that

3 everybody is aware of exactly what we're going to do and

4 then you put the RFP out in the street and then at some

5 point in time it comes back to the full Board for

6 approval.

7 But by then, it's consistent with what we have

8 indicated we want to have done as -- as a Board. That's

9 where I'm coming from.

10 ACTING CHAIR AITKEN: Chair -- I'm sorry. Chair La

11 Belle. Everyone is Chair today.

12 Director La Belle, would it be helpful for you

13 and for, you think for us, as a Board, if we -- through

14 maybe one of the committees report out on a monthly basis

15 what RFPs have gone out and what they entail?

16 DIRECTOR LA BELLE: I'm comfortable with that.

17 It's just that I think there needs to be a Board

18 awareness of what is out on the street, what's being bid,

19 and we need to make sure that it's consistent with what

20 we, as a Board, want to do in terms of policy.

21 ACTING CHAIR AITKEN: Director Mouet.

22 DIRECTOR MOUET: That's a good idea what you just

23 said. Acting Chair, we regards to -- another option may

24 or may not sound good is, as a standing item in the CEO's

25 update that you always mention in -- in the order that's

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1 coming.

2 So let's say there's this list of -- here are the

3 next five RFPs that staff is working early and there's --

4 there's a sense of -- then the Board is listening to it.

5 "Oh, that's janitorial. Well, that one is a little

6 special. That might have policy implications."

7 It's awareness. It's part -- it's -- it seems to

8 me that it would be a natural subject matter for a CEO to

9 give an update. The -- that's my sense. And the reason I

10 say -- then that becomes more systematic because you have

11 Board meetings, you always have a CEO, but you don't

12 always are able to have committee meetings, and you don't

13 lose anything. And it just becomes a standard thing.

14 That's just an idea.

15 DIRECTOR BAGNERIS: Madam Chair, either way, given to

16 committee like financial, but I think you hit the nail on

17 the head right now.

18 We've already approved the RFPs pretty much that

19 are going out this year. Our budget did that. So we're

20 already in agreement with what those things are.

21 So maybe we just have a report out during the CEO

22 report. I don't think -- I don't know. I'm not the CEO,

23 but I don't think that that's a problem at all. And I

24 would agree with that and we move on.

25 Because we have a process. It's a process that

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1 the State has that we got -- we follow. We just heard.

2 I'm good with that.

3 ACTING CHAIR AITKEN: No. I mean, I -- I really -- I

4 think that's a great solution as well, and that way we and

5 the public are updated every month.

6 I understand they've been approved by the budget

7 but we approve the budget once a year and that doesn't

8 necessarily give clarity about when certain items under

9 the budget have been completed, so I think it provides a

10 bit of clarity and then it helps us function to make sure

11 that we're doing what we've approved in our budget

12 process.

13 So if the CEO would be amenable to taking all of

14 that into as part of her monthly CEO report, I think that

15 would be a great solution.

16 Before I get to public comment, I just wanted to

17 ask our counsel, I know it's a template that comes from

18 the State. Is there leeway in, you know, do certain -- I

19 mean, does every fair organization use the exact same RFP

20 process or is there room to personalize it depending on

21 what your project and population in community is?

22 MR. CAPLAN: Generally -- and I can only speak on

23 behalf of the 32nd DAA and 22nd DAA in Del Mar, which are

24 the only DAAs that our office provides direct legal

25 services to -- yeah.

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1 Most of those terms are standard and they're

2 pulled directly from the public contracts code. They're

3 highly technical requirements and how bids are scored, how

4 bids are published.

5 There's some flexibility, for example, on how

6 many copies of a bid you want to get. So there's

7 non-substantive items where there's some flexibility. But

8 the one area where there's the most flexibility is,

9 obviously, on the scope of work.

10 So all the pieces that surround that -- that --

11 the pieces where the District needs to comply with to

12 ensure that the bid is legal and couldn't be challenged in

13 court, those pieces are not very flexible.

14 ACTING CHAIR AITKEN: Okay. Well, maybe then I would

15 just maybe add on to -- in addition to taking on just the,

16 kind of, part of your CEO update: One, I guess, sending

17 us -- could you maybe share with the Board the template

18 that you currently use just so we can read it and be

19 prepared for the next meeting.

20 And then second, maybe sharing with the Board the

21 draft scope of work before it gets sent out. Because that

22 seems to be the meat of the -- that we actually might have

23 questions or concerns.

24 Does that meet some of your concerns?

25 DIRECTOR LA BELLE: Yeah. It's the scope of work that

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1 I'm concerned with. I don't want to get into the boiler

2 plate. You know, the attorneys, obviously, deal with that

3 issue. And we obviously need to comply with the public

4 contracts code of the State. It's the scope of work, you

5 know.

6 MS. KRAMER: So I just want to make sure we've got a

7 mechanism so we're not violating Bagley-Keene.

8 Josh, could you maybe weigh in and tell us how to

9 do that. If it's not on the Board agenda, how would --

10 how would comments be given back to -- to the scope of

11 work if it was not done in a public meeting?

12 ACTING CHAIR AITKEN: Well, I think we could do a

13 one-way communication between our CEO and the Board.

14 Because, again, we're not trying to over-step and

15 then get into your daily drafting or whoever drafts.

16 There's people that professionally draft these things that

17 are much more than me.

18 But I think just doing a one-way communication

19 between the CEO and the Board as almost an FYI: "This is

20 the scope of work that we're going to be sending out, and

21 this is what I'm going to be highlighting as part of my

22 CEO update."

23 MS. KRAMER: I absolutely see no problem with that.

24 Where I think we might have a problem is three or

25 four of you may decide to weigh in on it and have some

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1 suggestions.

2 So what am I to do with those suggestions in the

3 corporation? Again, we're not -- I don't think -- we're

4 not in compliance with Bagley-Keene if -- I can't take

5 his, you know, if Director La Belle asks for a suggestion

6 to be included included that, he's -- we -- the whole

7 Board would have to vote on -- on that; is that correct,

8 Josh?

9 MR. CAPLAN: Yeah. If there's a one-way, kind of, an

10 FYI sent out to Board members, preliminarily, that's a --

11 that's a public communication which would be -- need to be

12 turned over following the request, and the Board would be

13 prohibited from having any discussion between other Board

14 members regarding the content of that scope of work

15 outside of a public meeting.

16 So, for example, let's say a director sees a

17 concern with the scope of work on a particular RFP and

18 wants to deliberate with his or her colleagues at a Board

19 meeting, then they would have to communicate with one

20 other director, the Board Chair, Director Ruiz -- saying,

21 "Director Ruiz, I would like to put this RFP on the agenda

22 for the next meeting for discussion."

23 And that's how you would resolve

24 Bagley-Keene-related issues issues.

25 ACTING CHAIR AITKEN: Right. That's what I was trying

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1 to get at. So I think in the off chance that there was

2 something that was of concern to a Board member, there's a

3 mechanism in place before the RFP goes out -- if I hear

4 your concerns correctly -- that the Chair could choose to

5 agendize and then we could have a discussion about it.

6 Does that encapsulate it a little bit, Director

7 La Belle what your --

8 DIRECTOR LA BELLE: It -- it does. The only -- and I

9 think Gerardo has made a very good suggestion as he always

10 does.

11 I think the only other way around it if, for

12 example, Kathy says, "Next month, I'm going to issue RFPs

13 for X, Y, and Z widgets, and it's on as an informational

14 item as a part of her CEO report, the only way if Gerardo

15 or Natalie or any of us have an issue with it -- "Well,

16 maybe we don't want to do that." Then it would have to

17 come back in the following meeting as an action item for

18 discussion and direction by the Board.

19 So if you broke out the RFPs from the CEO's

20 standard informational report and made it a standard

21 action item under the CEO, then you could take whatever

22 action you wanted to right at that point in time.

23 My objective is not to slow the process down.

24 It's to make sure we provide whatever direction we have

25 relative to the XYZ widget project on the front end and

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1 not on the back end.

2 MR. CAPLAN: Well, Bagley-Keene also has other

3 requirements on providing with sufficient specificity

4 action items.

5 And so you couldn't put a general action item --

6 take action on RFPs. You have to identify the specific

7 RFP by number, provide a draft copy of it for the public

8 and the Board to view, and then the Board could take

9 action on it.

10 But it could be the type of thing where if in a

11 Board meeting during CEO Kramer's report, she's talking

12 about five or six RFPs, you can't then have a separate

13 action item saying, "Take action on RFPs."

14 It would really need to be specific. The

15 decision, obviously, needs to be made at least 10 days

16 before the meeting so it could be placed on the agenda.

17 ACTING CHAIR AITKEN: Well, that's why I was thinking.

18 Would it work -- I mean, I don't want to say "work." That

19 sounds terrible.

20 But I think maybe a midway would be if we are --

21 with a one-way communication -- given the scope of work

22 from an RFP, we then -- it's on us if we have questions or

23 concerns to bring it up with our Chair, and then ask for

24 it to be agendized if there's a potential policy issue or

25 concern that a Board member has, and that way it would be

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1 very specific.

2 Because I agree with you. I don't like putting

3 action items on just for the sake of putting them on if we

4 don't clearly define what's going to happen.

5 So, you know, and we're getting in trouble if we

6 do placeholder action items. So could we --

7 DIRECTOR MEYER: May I ask a questions, Ashleigh?

8 ACTING CHAIR AITKEN: Absolutely.

9 DIRECTOR MEYER: Do we have a ballpark about the

10 volume of RFPs we're talking about on a monthly basis?

11 MS. KRAMER: Well, we approved nine of them. Was

12 there nine? As far as our budget, those are very large

13 RFPs.

14 ACTING CHAIR AITKEN: It's for the year.

15 MS. KRAMER: For the year.

16 ACTING CHAIR AITKEN: So -- and most of them were

17 going to be pretty standard -- substantial but standard

18 actions of the Board.

19 It's just -- if we -- prior to 10 days -- so we

20 at least can put the request into the Chair and have the

21 scope of work of any RFP, that's going to be in your CEO

22 report. Most of the time it probably won't happen but

23 that at least gives us some mechanism within the law to be

24 looking at scope of work of RFPs.

25 MS. KRAMER: Do you have a question, VP Karns?

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1 MR. KARNS: I do. It's -- I think we're focussing on

2 the ones that were in the budget for operating. We do a

3 lot of RFPs for construction which they're all pretty --

4 pretty quick as far as the capital. So are we talking

5 about those as well?

6 ACTING CHAIR AITKEN: I mean, I would think that if

7 the RFP is going out for an expenditure on this property

8 out of our budget, that we would like to see the scope of

9 works of those RFPs.

10 Because, again, I -- I -- I believe that 99.9

11 percent of the time, there's not going to be comments from

12 the Board; however, I think that it's a -- it's a fair

13 request on Director La Belle's behalf that we at least --

14 ahead of the cutoff -- if something to be agendized, we

15 can look to the scope for RFPs.

16 If someone happens to have a question, they have

17 the opportunity to raise it with the Chair..

18 MS. KRAMER: I want to confirm with VP Karns. So if

19 all of the RFPs that your team is doing to support the

20 capital and major projects, do you need those -- those

21 are -- those are -- are happening in a very short period

22 of time.

23 What I'm hearing -- what we're going to have to

24 do on our process is allow for the opportunity. We're

25 going to have to build in on the front end another 30 days

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1 by the chance that it will get agendized on an agenda.

2 So that's going to shut -- that's going to add

3 another 30 days on that RFP process for the project that

4 you're doing. I think -- I think the ones related to the

5 nine very large substantial ones, this process will work.

6 But I do worry about helping you and your team

7 get those things done because we have very specific

8 windows of time between events when we can get the

9 asphalting done. We can get those repairs. We're just

10 turning those things based on the approval of the capital

11 budget.

12 So if that's the case, we're going to now add

13 another 30 days and we have to do that in protection that

14 we would be able to even let that RFP in the chance that

15 it would get pulled for an agenda. So that is going to

16 really impact your operations.

17 MR. KARNS: And I guess I have a clarifier for our

18 attorney. Because CFFA does those on our behalf. So

19 they're not ours, they're theirs. So is it -- just want

20 to make that we're talking about everything.

21 ACTING CHAIR AITKEN: Director Rubalcava.

22 DIRECTOR RUBALCAVA-GARCIA: Every RFP or are we only

23 talking an RFP over a certain amount? So -- I think

24 somebody mentioned 50,000.

25 So would that be everything or only a certain

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1 amount.

2 DIRECTOR LA BELLE: I think over a certain amount,

3 Natalie, is my thought, and over a certain period of time.

4 Anything less than 50,000 and within the one-year

5 timeframe would be no.

6 Maybe I can -- maybe I can give a specific

7 example. Let's go back a year-and-a-half when the budget

8 was approved. Not this past December, but the previous

9 December. There was some dialogue and some indication in

10 there that we were going to go through a branding process,

11 and that got, you know, approved.

12 We were made aware of it. If you go back and

13 read the minutes, we knew that this was going to take

14 place. Segway ahead nine, ten, eleven months, we didn't

15 know that -- we remembered it, but we went through this

16 entire process of retaining a consultant under a scope of

17 work to do this branding process, and we were involved at

18 the end of the day.

19 I'm not saying we didn't approve it. We did

20 approve it. But to have that dialogue in terms of what

21 exactly do we want to do from a scope standpoint, whether

22 we delay it 30 days or 60 days, to me, that's not

23 important.

24 What's important is that we make sure that this

25 Board is comfortable with the scope of work that's going

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1 to be done under any given contract.

2 MR. KARNS: And I guess -- sorry.

3 On the construction -- typically, unless it's

4 major -- much less than one year. So we wouldn't be

5 handcuffed under the one-year or "X" --

6 ACTING CHAIR AITKEN: Or $50,000.

7 MR. KARNS: So I'm fine.

8 DIRECTOR MOUET: It will be over $50,000.

9 MS. KRAMER: But I think he's talking both.

10 MR. KARNS: Yeah.

11 MS. KRAMER: 50,000 and one year. Then it's going to

12 impact the operations.

13 DIRECTOR MOUET: So the way I see it, I think that the

14 CEO can provide a comprehensive list of the RFP, including

15 for capital and just like we did right now, Kathy, you

16 mentioned the sensitivity points.

17 I mean, the Board -- it's just a matter for the

18 Board to be aware. Perhaps we voted on in the budget, but

19 it's important to be aware. It's just a transparency

20 thing.

21 I think we're reasonable enough to realize, "Oh,

22 my gosh," you know, the risks of, "Let's get into the

23 weeds," and all that. That's going to slow things down.

24 As long as the -- is the CEO prepared to be able to

25 discern that.

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1 You know, "This is bread and butter every year,"

2 or whatever or every two years or whatever, "And this one

3 is, and they'll be implications, et cetera, et cetera."

4 I mean, and -- and then we won't violate the

5 Bagley-Keene, unless there's some issue that someone has a

6 concern that -- but I -- so I -- I don't -- I think we

7 would be mindful. I mean, just speaking for myself with

8 regards to the potential impact on slowing things done.

9 As long as that there's a brief description, you

10 know, "We're planning on releasing this RFP on such and

11 such day, and this is why this one is important," and

12 whatever the case may be.

13 And we need to get this done before two months --

14 before fair time or whatever, you know. And it's just --

15 it's just information. It's something -- it's a lot of

16 money being spent. And it's not that it wasn't authorized

17 on the budget. It's just an update, you know. And that

18 we might be able to -- to -- just to be more educated. I

19 mean, not just us, but the public.

20 DIRECTOR MEYER: Is there a way to differentiate

21 between projects that are going to produce work-product

22 that the Board ultimately has to approve, as opposed to

23 projects that the Board won't have further involvement in?

24 And I -- I'm so new to this that I don't really

25 know. That's it. Viable distinction, but I wonder. You

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1 know, with the branding, there's ultimately going to be

2 some Board approval involved.

3 I don't know if when you start a construction

4 project that we have any need to be involved at any point

5 further.

6 ACTING CHAIR AITKEN: Well, I think it would be -- and

7 I think that's why -- I'm really glad that you highlighted

8 again the parameters. Because if it was a construction

9 project, it was going to be multi-year and add several

10 hundred thousand dollars.

11 It's not that we want input on where the nails

12 should go and how it should be constructed. It's just a

13 reminder for us and it highlights to the public, "We

14 approved this last year. This RFP is going out in quarter

15 one. This project is -- once we get the RFP back, we'll

16 start in quarter three."

17 And it just, kind of, helps us continually

18 educate ourselves and the public about where we are in

19 these things -- that they have been approved. I think

20 that's the -- the flavor of what we're trying to do.

21 Does that answer your question?

22 DIRECTOR MEYER: I guess. I -- I -- I think I'm still

23 trying to come back to understanding the genesis of all

24 this. That's just me.

25 DIRECTOR RUBALCAVA-GARCIA: And I think the scope of

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1 work is what complicates it a little bit. Is now we're

2 now involved in the detail.

3 So if the scope of work -- it should, kind of,

4 already be articulated when we approve it for the budget

5 because you have a general sense of what -- that's how we

6 know how much it's going to cost; right? So I don't know

7 if that starts at the beginning of the process.

8 And this is going to make -- I'm probably asking

9 a really dumb question right now, but what policy issues

10 could possible arise that we might have to be concerned

11 about with the scope of work?

12 ACTING CHAIR AITKEN: Well, I think the devil's in the

13 details; right? So it -- and I do agree. I think it's an

14 off-chance, but if we, generally approve a project or

15 approve and RFP for something and then the scope of work

16 is different, then maybe what the majority of the Board

17 conceptually thought that they were approving -- I think

18 it's just helpful when it's large-scale items to make sure

19 that we're all comfortable and are on the same page that

20 what we approve as a budget item is what is going out to

21 bid.

22 DIRECTOR RUBALCAVA-GARCIA: So then we need that when

23 we're approving the budget because we wouldn't know;

24 right? So if we approved one thing when we approved the

25 budget, then we should know what the scope of work is at

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1 that point? From a strategic planning standpoint.

2 MS. KRAMER: I don't think it would be possible to get

3 a detailed enough scope of work. We're -- we could give

4 you an idea about what the end-goal we're trying to do.

5 But down to the detail of that scope, it would we nearly

6 impossible to have a budget.

7 DIRECTOR MOUET: But, like, let's say, for example, if

8 there's a -- say, half a million dollar capital project

9 and it's important and it's going to go through an RFP

10 process and all that.

11 It's coming back to approve the agreement to the

12 Board. I mean, so that's to answer your question. We do

13 vote on those. So there's a certain level of value and

14 information because we do -- we do have -- we have to

15 approve it.

16 That's when we ask questions: "Did you have a

17 fair RFP?" That kind of thing. And you know, as well as

18 you do, sometimes you get people that were the runner-ups

19 going up and, saying, "You know, I have a question. I

20 don't think this was a fair process." Or whatever the

21 case. We've been in that situation.

22 It's good to be aware. I -- I don't -- I really

23 don't -- I believe, and I agree that, potentially, this

24 shouldn't risk slowing things down. It's just information

25 being more aware. There's so much information that you

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1 just have to sometimes remind ourselves.

2 DIRECTOR BAGNERIS: So -- so Madam Chair -- Acting

3 Chair, I'm sorry. Maybe we should do this for a year and

4 see how this year goes getting that information during the

5 CEO update, getting that scope of work so we could see it,

6 and then we would know if we want to do something

7 different.

8 ACTING CHAIR AITKEN: Yeah. I mean -- I -- I'm -- I'm

9 vacillating between whether we even need to make a motion

10 or a policy.

11 DIRECTOR BAGNERIS: I don't think there is a motion.

12 ACTING CHAIR AITKEN: I think we're all just, kind of,

13 collaboratively giving direction.

14 DIRECTOR BAGNERIS: Yeah.

15 ACTING CHAIR AITKEN: Yeah. And I agree with you.

16 But I just think it's a good reminder for us -- a good

17 reminder for the public -- about what's coming up and

18 what's coming -- what's coming, you know, down the

19 highway.

20 Does that -- I think -- I don't think -- does

21 anybody want to make a motion to formalize this or are we

22 comfortable with where we are right now?

23 And then I do want to call public comment.

24 DIRECTOR LA BELLE: I'm comfortable with it. I think

25 Director Bagneris had a very good point. We could see how

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1 it goes this year and we could always change it. But, you

2 know, maybe there's something from the public that will --

3 ACTING CHAIR AITKEN: Yeah. We have two comment cards

4 on the RFP Process, one from Reggie Mundekis and

5 Vincent Pollmeier.

6 MR. POLLMEIER: -- first.

7 MS. MUNDEKIS: Go right ahead.

8 MR. POLLMEIER: With the discretion of the Acting

9 Chair.

10 ACTING CHAIR AITKEN: Oh, absolutely. No problem.

11 MR. POLLMEIER: Okay. You guys are making this way

12 more complicated that it needs to be. Okay.

13 The problem here is very simple: We've seen this

14 time and time again. RFPs come up either for originally

15 or for renewal, and "Oh, my God. It has to be approved as

16 it to go out because if it doesn't, the sky is going to

17 fall and it's cats and dogs living together in sin,"

18 because the CEO pushes things out to the last possible

19 minute.

20 What I saw here was a world-class song and dance

21 tap-dance number by a CEO who wants to avoid oversight by

22 a Board. The devil is in the effing details. It's really

23 simple. No RFP should go out for bid if the scope of work

24 -- for a -- for a contract -- exceeding $50,000 or more

25 than two years in length -- including possible

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1 extensions -- if the scope of work hasn't been voted on or

2 approved by the Board in an agendized meeting. Simple.

3 Meets Bagley-Keene beats all kinds of problems.

4 Now, CEO Kramer will say, "Oh, that's going to run into a

5 whole bunch of problems." But she also told you that do

6 we know that these RFPs are months in advance.

7 So if she knows she has this RFP that needs to go

8 out in November, okay, come to the Board with a -- with

9 a -- with a GD scope of work because, by the way, the

10 scope of work is where the devil is in the details. Come

11 to the Board with the GD scope of work in October and

12 agendize it as an action item so if the Board wants to

13 make changes the Board can make changes, not some

14 information item where she's trying -- where she's trying

15 to actively avoid input from the Board.

16 So it's simple. No RFP shall go out for any

17 contract exceeding $50,000 or two years in length,

18 including extension terms without the scope being approved

19 by a vote of the Board in an agendized -- in a public

20 meeting. Simple. Simple.

21 Okay. It's that effing simple. Now, I've been

22 walking back and forth pacing here listening to you guys

23 argue about stuff. That's all it takes. She knows that

24 the -- the -- RPPs are in the budget. We know what the

25 RFPs are going to be for the next year. And if you're

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1 worried about the RFPs in the next couple of months, have

2 this policy take place. Start in April. Okay. That's

3 all you need to do. That's it.

4 ACTING CHAIR AITKEN: I'd just like to make a general

5 comment to -- to those that are -- obviously, we are

6 constrained with what can go on during public comment, but

7 we can't ask a level of decorum.

8 If you have issues with something on the agenda,

9 please direct your comments to the Board and please

10 refrain from making attacks on our staff. We are the

11 policymakers and, you know, if you can, try to do that.

12 I think that is much more helpful. It's our

13 responsibility and we need to conduct these meetings with

14 decorum and respect.

15 MR. POLLMEIER: Oversee your staff and we will.

16 DIRECTOR BAGNERIS: Thank you, Madam Chair -- Acting

17 Chair. I appreciate your comment.

18 MS. MUNDEKIS: Hi. I'm Reggie Mundekis. And thank

19 you for this opportunity to address you today regarding

20 the discussion on the District's request for the RFP

21 Process.

22 Again, I echo the comments of the previous

23 speaker where -- the reason that the public are upset

24 regarding the conduct of staff is the failure of the Board

25 to reign in their out of control staff. This is not the

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1 first time this issue has been raised and continues to be

2 raised without action being taken by the Board to reign in

3 staff.

4 For the new members of the Board, I appreciate

5 your optimism regarding the budget process.

6 Unfortunately, I have to break you into bad news, kids.

7 The budget that staff puts together is a list of

8 numbers that just happens to add up. There's a one --

9 there's like a one-phrase description of what's being

10 spent with that money and then staff feels free to create

11 a scope of work that they feel free, you know, that they

12 can spend that money on and there's no discussion as to

13 what a particular project is or details of what a

14 particular item is that staff can be held accountable for.

15 It's an exercise in avoiding accountability,

16 except for the dollar amount. Let me share with you some

17 examples of recent RFPs, including one from the past and

18 contracts which have turned out to be not what we were

19 expecting.

20 Staff were well on their way to demolishing the

21 building which is now Heroes Hall. They were -- they

22 wanted -- they had to come up with some reasons that the

23 building was structurally unsound when it wasn't. The

24 public pushed back -- the Historic Preservation people

25 pushed back -- and we got the building saved so we could

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1 create Heroes Hall.

2 The most recent example is the re-branding

3 process. It was a, you know, marginally discussed; "yeah.

4 We're doing a re-branding process." Staff put out a

5 contract for $95,000 -- just a little bit below 100,000 --

6 that contains no milestone payments. So if we decide to

7 not make any changes to the brand for the $95,000, staff

8 also directed the contractor to ignore the Equestrian

9 Center.

10 Staff also instituted changes to a sound

11 monitoring contract which is required by multiple legal

12 settlements. Staff changed the contract to make sound

13 monitoring services so expensive that then staff could

14 argue that we had to use an internal sound monitor which

15 was controlled by management who would do -- who would

16 work at the direction of management, and not enforce this

17 as strictly.

18 So we have a long history, and there's more

19 examples of RFPs and bits that have gone off the rails.

20 We need more oversight. Bringing back the statement award

21 for Board approval, that's a very normal process.

22 We need more oversight. Slowing down the

23 process -- well, you know what, that's just the way

24 government works.

25 So we need to help out this CEO. We need to help

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1 her do her job better. Let's give her some oversight and

2 look at those statements of work. Thank you.

3 ACTING CHAIR AITKEN: Thank you.

4 DIRECTOR BAGNERIS: Madam Chair, I'd like to -- I

5 think we've had the discussion and we've asked the CEO to

6 move forward. We're going to look at it over the next

7 year and then we could make decisions. I'd like to move

8 into the next agenda item.

9 ACTING CHAIR AITKEN: I -- I agree. So thank you,

10 everyone, for openly sharing your comments and then we

11 would look forward to the next meeting and that update.

12 Our next item is the Storm Water Management

13 Update. Is that CEO Kramer?

14 MS. KRAMER: I want to turn it over to VP Karns for an

15 update.

16 MR. KARNS: Thank you. Storm Water Management Update.

17 In previous Board of Directors meetings, staff

18 provided verbal updates on storm water management and

19 made -- to bring back an executive summary.

20 Attached in the package, you found the Executive

21 Summary on our storm water management program, the Notice

22 of Violation from the Santa Ana Regional Water and Control

23 Board. Our response to that Notice of Violation and all

24 the schematics and photos attached to that.

25 At the December 13th, 2018, Board of Directors --

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1 the Board of Directors approved two capital expenditures

2 for our storm water management project.

3 $300,000 for new infrastructure on the north side

4 of the property and $75,000 to replace the existing

5 desilting basin located inside the Equestrian Center

6 footprint.

7 OCFEC staff is currently working with FEI, Fuscoe

8 Engineering, Incorporated, to plan for the 2018-19 Annual

9 Reporting Contract, as well as developing a scope of work

10 for our enhanced storm water capture plan.

11 Jerry Eldridge is here and a representative from

12 Fuscoe to answer any questions you may have with regards

13 to those.

14 ACTING CHAIR AITKEN: Okay. Thank you.

15 Is there any questions from any of the Directors?

16 (No response)

17 Okay. We have a couple public comment cards on

18 this item as well. I'm going to call a couple names, so

19 if you could just please be prepared to speak.

20 Reggie Mundekis, Vincent Pollmeier, then Lisa Sabo,

21 Carolyn Young, Susie Gyor, and then Theresa Sears.

22 MS. MUNDEKIS: Hi. I'm Reggie Mundekis. Thank you

23 for this opportunity to address you this morning. And I'm

24 here to discuss the Storm Water Management Update.

25 I'd like to point out that this project has been

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1 in work since 2015. This is the first time we're having

2 any discussion at a Board meeting as an agendized item,

3 and it's been agendized as an information item. This is

4 so incredibly wrong.

5 Okay. So I have a series of questions regarding

6 the staff report and actions staff have undertaken

7 regarding this. So I would like to receive answers today

8 and if that's possible, and I don't see any reason why it

9 wouldn't be possible.

10 The report -- the staff report states that

11 infrastructure is being created on the north side of the

12 property at a cost of $300,000. Please, explain what the

13 infrastructure is that is being created, replaced, or

14 change, and provide drawings or a scope of work or

15 description of what is being done.

16 There are changes to the desilting basin which

17 are budgeted at $75,000. Please provide drawings, scope

18 or work, and a description of what's being done and how

19 it's being done. Nothing that's in the Fuscoe report

20 regarding the desilting basin matches up to $75,000. So

21 we need to know what's going on with that.

22 The staff report states that a study was done to

23 determine the feasibility of diverting parking lot water

24 into the Arlington Drive bioswale. Has the City of Costa

25 Mesa being contacted about this? And what did they state?

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1 And I would like a copy of the Fuscoe report regarding

2 this matter.

3 The desilting basin and the bioswale fill up with

4 water during dry weather. One reason for this could be

5 that TeWinkle Park Lake across the street from the

6 bioswale in the desilting basin is leaking.

7 The City of Costa Mesa has on their capital

8 budget -- fixing the bottom of TeWinkle Park Lake. I'd

9 like staff to reach out to the city and discuss the

10 leakage at TeWinkle Park Lake.

11 And I'd like also to know what happens to the

12 water from the carnival rides. RCS uses water in their

13 conga ride which as water jets and in the Wild River Log

14 Flume. So how is the water in those carnival disposed of

15 after the fair? How was it disposed of in 2018? And how

16 would it be disposed of after the 2019 fair? Was that

17 water just dumped into the storm drain? I would like

18 answers on these questions. I have some more but my time

19 is nearly up.

20 And, again, it's really disappointing that this

21 item has been on -- has been in work by staff since 2015

22 and this is the first Board agenda item for it and it's an

23 information item so the staff -- so the staff cannot be

24 given direction by the Board.

25 So thank you.

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1 ACTING CHAIR AITKEN: Thank you. Next we have

2 Vincent Pollmeier and then Lisa Sabo.

3 MR. POLLMEIER: This item, and by the way, I echo the

4 sentiments about this should not be an information item.

5 In fact, I'll go even further than that.

6 This item is evidence and, in fact, dispositive

7 evidence in and of itself why we need a facilities and

8 infrastructure committee to look in detail at things like

9 this.

10 For example, I'm just going to point out a couple

11 of things that I've looked at that -- that are in way --

12 too much -- way, way down in the weeds for a discussion at

13 this kind of meeting -- but would be appropriate for a

14 subcommittee meeting.

15 There's many pictures in here of new storm

16 vault -- new sewer vaults that were put in. Okay.

17 They're referred to a sewer vault, not storm water vaults,

18 so I'm going to assume they connect into the sanitary

19 sewer.

20 I say, "assume that" because when I asked -- when

21 I called up the -- when we called the authorities

22 responsible for the sewer system in Costa Mesa, they said,

23 "What new connections into sewer?"

24 Okay. Where -- where's the, you know, a

25 committee needs to look at what the paperwork is. Are we

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1 doing the rights things? Are we following the laws? You

2 know, where is the water going? Where is the water coming

3 from? What's in the water? Is it going into the storm

4 sewers? Is it going into the sanitary sewers? It's going

5 to the storm drains or it's going to the sanitary sewers?

6 These are important legal issues. Are we dumping

7 animal waste and biological material into the storm sewer

8 system that then flows down into upper Newport Bay? An

9 incredibly ecologically sensitive area. Because if we

10 are, we're not a good neighbor, and we're also probably

11 not actually abiding by the law.

12 Are we tying into the Costa Mesa sanitary sewer

13 system with open vents? Which is highly unusual. But,

14 again, this is the kind of thing that you need a committee

15 to look at and -- of Board members who have interest in it

16 so we can look at the facilities and look at the stuff and

17 really understand what's going on.

18 The nine of you are appointed by the Governor to

19 be the oversight of the staff here for the public. We

20 need you to do that. Thank you.

21 ACTING CHAIR AITKEN: Thank you very much. Ms. Sabo.

22 MS. SABO: Hello again. So on Tuesday, I received a

23 call around 8:00 o'clock from a friend -- an equestrian

24 friend -- saying, "I can't drive down Arlington because

25 it's flooded." And it was completed flooded, and she was

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1 trying -- she's a veterinarian herself -- and was trying

2 to come to the stable late to walk her horse, and

3 Arlington was completely flooded. You couldn't drive

4 down.

5 So then Wednesday -- yesterday -- as looking at

6 the radar, all green; right? So depressing. As I was

7 leaving down Arlington around 3:30, I noticed in the new

8 bioswale, all the big round pipes were half covered with

9 debris. And so throughout the day, no one went and

10 cleaned out the debris and now we have another storm

11 coming in. So we need -- someone needs to talk the city

12 and say, "Who's responsible for cleaning out the debris?"

13 It's all the wood chips.

14 Now, I've owned a -- we owned a 60 acres ranch

15 that was in -- we had a creek running through it, and I

16 know a lot about moving water and rainstorms. And I could

17 tell you last night when I saw that -- well, no wonder --

18 the night before Arlington was flooded.

19 And, so -- anyway. That needs to be addressed --

20 the Arlington issue and the bioswale and make sure we have

21 proper runoff.

22 Also, I hope everyone reads this in detail and

23 make sure you understand that it's stated here, and it's

24 "The equestrians -- the equestrians are all about clean

25 environment."

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1 And believe me, we don't want any of manure from

2 the Equestrian Center going into the back bay because I

3 love the back bay and we're about having clean

4 environment.

5 But the first letter states that the manure and

6 the trash and the hay that were contained in the waste

7 bins, that was the black water running through the

8 Equestrian Center. And it's the equestrians that took

9 picture of the black water that was running through the

10 Equestrian Center saying, "Hey, look. All this water is

11 running through." We're, like, down from everything else;

12 right? That's the lowest part of the property.

13 So all the waste from here runs down through the

14 middle of the Equestrian Center. A few months ago,

15 some -- one of the staff tried to tell me that it was the

16 water truck owned by the management that was leaking

17 that's causing the water to go through that.

18 And so now they moved where they parked the water

19 truck which is right next to my barn -- well, I work

20 around -- next to that water truck all day. The water

21 truck is does not leak. Okay.

22 And then the staff's response to that -- the very

23 first response here is, "The Equestrian Center is a

24 challenging facility to address."

25 And I just want to say, I hope we aren't. I

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1 mean, I don't want to be. I want to be a solution to the

2 problem. We don't want to be a challenging issue to

3 address. We want to provide educational opportunities of

4 equine to the public.

5 And so we are here to help and to help solve the

6 problem. Thank you for listening.

7 ACTING CHAIR AITKEN: Thank you. Carolyn Beaver and

8 Susie Gyor. And then Theresa Sears.

9 MS. BEAVER: Thank you.

10 So just briefly wanted to make a few comments.

11 One is that -- that the letter from -- from the Water

12 Board was received in November. And it's January and it

13 seems like a bit too long of time has lapsed since then --

14 since the receipt of that for you, as the Board, to

15 actually be getting that report.

16 A couple of things. With the sediment basin that

17 is on the grounds of the Equestrian Center, it's in a

18 fenced off area that is right, kind of, next to,

19 basically, the freeway.

20 And that area was cleaned out to provide more,

21 essentially, room for water to run off there. So we now

22 have a -- I guess, a budget of 75,000 to do something with

23 that.

24 So I don't know exactly what the plans are, but I

25 do hope that we're not expanding the footprint of that

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1 desilting basin because that was one of the options. It

2 was to do something much bigger.

3 And, obviously, it's very important where it is

4 that it not expand because we have a limited number of

5 turnout arenas that are right near that area, and we

6 really would be at a significant loss if that were to

7 expand. So I really do hope that that does not expand.

8 Thank you.

9 ACTING CHAIR AITKEN: Thank you. Susie Gyor.

10 MS. GYOR: Hi, again. You know, one of the things

11 that I wanted to mention about the bioswale of the

12 storm-catch basin -- whatever it's called -- at the end of

13 the property, you know, if that does get changed or

14 refurbished or whatever, you know, I think that should be

15 something that instead of looking at it as, sort of,

16 something we want to hide and ignore, it could be a really

17 good opportunity for education and to add another source

18 of education for people on a proper way to manage, you

19 know, runoff, and this is how we do it here.

20 Because we're supposed to be educating people.

21 That's part of what this property is for. So I think we

22 should think about that and whatever it is we decide to

23 do, you know, use it as a tool, you know, to teach kids

24 and people.

25 Bring them through there maybe as part of the

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1 Centennial Farm tours that they do, you know, something.

2 We need to, you know, start looking at this a little bit

3 differently.

4 And I also did want to mention that I thought it

5 was a little bit odd that, you know, in this whole report,

6 you know, the cooperate yard was apparently already

7 identified as a hot spot for problems by the staff and

8 then when the water quality control people came in, they

9 also identified as a hot spot for, you know, problems.

10 But, again, it's the Equestrian Center, the

11 stepchild, you know, that's been kind of, you know, thrown

12 out there as -- as the challenge to the facility here.

13 And then, you know, the dirt at the

14 Equestrian Center is a source of pollution. It's dirt.

15 It's just -- I don't know. It seems a little strange.

16 Thank you.

17 ACTING CHAIR AITKEN: Thank you. Theresa Sears.

18 MS. SEARS: I actually would like to applaud the Board

19 for their willingness to be transparent and they

20 understand. I know we have several Board members here who

21 understand the value of government and why we are

22 transparent. I think that goes without question. So I

23 appreciate that leadership.

24 And I also think that the Board should never

25 advocate their power or their oversight. So I think

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1 that's probably accepted by our Board which is a really

2 good thing.

3 I would, actually, like to see this like the last

4 speaker; see this a positive because it actually really

5 is. The fact that this is, sort of, been neglected for a

6 long period of time because we have talked about this

7 for -- for many years.

8 Is -- probably, in mind -- okay. It has been

9 neglected, but you know what, let's deal with it now and

10 let's -- the path going forward is really what matters.

11 And treating this as an educational item for not

12 just this moment for staff -- for people out of the

13 equestrian facilities -- I can tell you for sure that

14 equestrian facilities know how to manage water, they know

15 how to manage their waste, and they know how to comply

16 with the rules and the regulations of the Regional Board.

17 So that is something that is known. There are a

18 lot of environmental groups that deal with urban runoff

19 and cities know what the urban runoff problems are.

20 Maybe we haven't been as proactive as need be but

21 we can in the future. And rather than just educating the

22 small group, this actually should be an educational

23 opportunity for this entire property, as well -- as well

24 as other opportunities to educate the public because we

25 should be the model.

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1 Anything and everything that is, like, coming

2 down in our state going forward, whether it be zero waste

3 climate-related issues, energy efficiency, agriculture --

4 anything that we now want to teach everybody in our state

5 about can be taught here.

6 This is such a unique facility. We should not be

7 spending our time trying to compete with these convention

8 places that are already established and they're doing

9 business. We should do what we do best. We should deal

10 with communities, the interest of the communities,

11 agriculture, and the history of our county right here.

12 We are, like, the only space in Orange County

13 that can do actually all four of those things here. We

14 should not be chasing these dreams to be conventions or

15 whatever.

16 We should give back to our core mission, and that

17 is teaching, agriculture, our history -- everything about

18 our community right here.

19 So I see this, actually, as a positive and I do

20 think that we need to figure out the path forward and make

21 it that way. So that's my point of view.

22 ACTING CHAIR AITKEN: Thank you very much. Are there

23 any other comments or questions by the Board.

24 (No response)

25 If not, we'll move on to our -- we'll move on to

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1 our last item which is the Orange County Fair & Event

2 Center Organizational Succession Plan Update.

3 I'll turn this over to CEO Kramer and then we'll

4 have public comment.

5 MS. KRAMER: Okay. Thank you, Acting Director Aitken.

6 Can I get the clicker from you, Summer, please.

7 Thank you. And for your reference, you do have a copy of

8 the slides in your Board packet and there were some left

9 for members of the public as well. So good, thank you.

10 MADAM SECRETARY: Barbara, it's in -- it's in the --

11 behind the agenda item.

12 MS. KRAMER: Okay. Great. Thanks. All right. Ready

13 to go.

14 Well, this has been a very exciting project. For

15 the past year, we've been working on creating an

16 organizational succession plan for the OC Fair & Event

17 Center.

18 The goal of this was to provide a comprehensive

19 playbook for the organization's management to use as a

20 roadmap in planning and implementing a succession plan.

21 Our plan focuses on assessing the current talent

22 pool and how internal talent can be developed and moved

23 into retiree positions where appropriate.

24 At the end of the process, the OC Fair & Event

25 Center will have a pool of talent to begin the process of

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1 preparing them to meet the future needs of the

2 organization to ensure the right person, in the right

3 place, with the right skills, at the right time -- when

4 our eligible retirees leave the organization.

5 Why create a succession plan? Well, if you look

6 at the chart on the screen, it's pretty daunting. We have

7 31 percent of our civil service employees -- are eligible

8 to retire as of October 2018. Even more daunting is 54

9 percent of eligible retirees within the next five years.

10 We could lose half of our work force in the next five

11 years.

12 So how are we going to massage that? Again, that

13 was the -- the -- putting this program together. As part

14 of this, I'm not going to read every one of those.

15 The succession plan framework was created in a --

16 in a very specific sequential steps, and I'll talk about

17 some of those later.

18 One of the first steps in developing the

19 succession plan was to conduct a SWOT analysis. For those

20 of you who have never or have not -- familiar with the

21 SWOT analysis, the acronym stands for strengths,

22 weaknesses, opportunities, and threats.

23 And it's -- it's an exercise in which you

24 identify your strengths and weaknesses around a particular

25 situation or typically a market position or condition.

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1 We actually conducted two SWOT analysis. One

2 from an internal candidate perspective and the other from

3 an external candidate perspective, all related about

4 recruiting and filling future vacancies.

5 In both analysis, we asked the same question:

6 What would be our strengths, weaknesses, opportunities,

7 and threats? And our ability to recruit, replace, or

8 retain for a position within the organization.

9 As identified in our SWOT analysis, one of our

10 biggest challenges for filling future vacancies would be

11 our ability to recruit external talent.

12 Among these weaknesses and threats identified

13 were pay not comparable to local job market, cannot offer

14 pay beyond established state pay scales, and low upward

15 mobility of external candidates due to long-term tenure of

16 the state employees. This certainly supports the need to

17 focus heavily on internal candidates and creating

18 opportunities for them.

19 As part of creating this plan, we conducted

20 extensive research on other succession plans and best

21 practices, and specifically focussed on other government

22 agencies.

23 A key research -- a key research resource that

24 was an exceptional tool was developed by the State of Ohio

25 and many of their methodologies were adopted into this.

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1 I also want to thank Bianca Kulback -- is Bianca

2 here? Our Director of HR and Evelyn Hernandez, our HR

3 Specialist -- for their hard work as we develop this plan

4 this past year. So I'm going to take you quickly through

5 some of the steps that we're going that.

6 The next step -- so we know we got 50 percent of

7 our employees who are eligible to retire in the next five

8 years. We need to have an understanding of who those

9 employees were, and, Michele, you're looking at me. Are

10 you okay?

11 MS. RICHARDS: No. Just a bad cold.

12 MS. KRAMER: Okay. Good. Sorry. You looked like you

13 had a question. Sorry. Yeah. She's not feeling well.

14 Fifty percent of our employees in the next five

15 years. So we needed to understand who are these employees

16 and at what age or what year would they go -- would they

17 be falling in bi-annually and being eligible. And notice

18 the key word, "eligible" for retirement.

19 We can't -- we have many folks that are still on

20 board with us that are eligible but still working. But

21 that was the only baseline that we could use from a

22 planning perspective.

23 Those of you that like graphs and spreadsheets,

24 you'll love this. So this was our potential retiring

25 matrix. What this allowed us to do year-by-year, going

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1 from left to right, the department was identified, the

2 name, the job title of that person, and then, obviously,

3 some confidential personnel information.

4 We do one of these for every single year. We

5 also added in -- we thought it was important -- because

6 we're actually going to have some folks that may not be

7 eligible from a State system of the Civil Service, but we

8 thought we needed to pay attention and overlay what was

9 happening in the minimum age of Social Security.

10 So that was completed and for the next three

11 years. So we have a matrix for each year and we've done

12 on a three-year rolling process so that by every single

13 year, we're going to know who's -- who is eligible to

14 retire and when that eligibility date would -- would

15 become eligible. And that would be the baseline for

16 building out these succession planning and internal

17 training.

18 The next step, once we under -- once we

19 understood that 50 percent of our employees were going to

20 be eligible to retire, we thought, as we said, we

21 identified in the SWOT analysis. We had some significant

22 weaknesses and external and why wouldn't we want to

23 recruit from internal to fill these -- fill these

24 positions.

25 So we engaged -- our staff -- we created a survey

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1 that we sent out to everybody asking them -- it covered

2 every single department in the organization, gave a

3 description of those functionalities, and asked them:

4 Would you be interested in potentially moving into that?

5 Do you have background? Do you have skills that maybe we

6 don't know about? And those could be called out in doing

7 that.

8 We -- I was pleasantly surprised, actually, more

9 than pleasant. I was really excited to see that 40

10 percent -- 43 percent of the OC Fair employees responded

11 to that survey.

12 And in many situations, employees that were

13 wanting to be part of this succession plan indicated two

14 or three other departments or things that they would like

15 to do in the future.

16 So now, we rolled all that data together. We

17 took the employee survey, we took that employee retiring

18 matrix -- remember, the year-by-year matrix. So now,

19 this -- this gives us a lens into looking who was the

20 employee, what is the job title, what is the department.

21 And then if you'll notice that first box on the

22 left that is yellowed -- it's blocked out -- then what we

23 would add in that job description -- in that line -- would

24 be anyone interested.

25 So, for example, director of HR, we -- we know

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1 she's on -- on that list of eligibility. Who else in the

2 organization might have said they would be interested? So

3 we would put that information there.

4 And then as we go to the right side of this

5 matrix, we would then indicate, is this a single position?

6 I want to stop for a second there. Not only did this --

7 this take a lens at retirees and where we have the risk of

8 that, but we also wanted to weave into this, where we

9 have, potentially, was there someone doing single

10 positions that we didn't have a succession plan or would

11 we be at risk if that person left the organization.

12 So that was also identified. And we do have --

13 we do have a couple positions in the organization where

14 it's a single function. So we want to make sure that

15 that -- whether they're -- they're most likely not

16 eligible for retirement but we thought it was important

17 that we -- we continue building that from a succession

18 plan.

19 So then we did a critical rating process. And

20 you can the key on your handout to understand critical --

21 the critic -- criticality of these positions. Because

22 once we look at this matrix on an annual basis, the

23 criticality would have those come to the top of the

24 difficulty to recruit from internal. Would it be

25 difficult to recruit from the outside.

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1 So that helped us create a system where we had

2 some priorities because this is a pretty big project to

3 bite off and -- and this, again, allowed us to have a

4 systematic way to know which one of those -- which of

5 those positions were we going to continue to take through

6 the succession planning process.

7 So after we have all that information, we've

8 identified the positions, we got some internal talent

9 that's interested in those. The next step was to take a

10 look at these job descriptions. The State calls them job

11 analysis. And, in fact, the State is requiring that all

12 positions be reviewed as part of some State -- State HR

13 rules.

14 But what we do is go back to those job

15 descriptions and look at them. Are they relevant?

16 There's a good chance to say: Are they meeting our

17 business needs right now? What might be business needs

18 for that position as we move into the future.

19 So -- and that's done in collaboration with the

20 person that currently is in that job, as well as HR and

21 their supervisor. So not only are we looking at the

22 day-to-day things, but how do we roll in and what might

23 that job position look like or possibly change in the

24 future.

25 So now, we've assessed the internal talent pool

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1 and identified some, let's say a candidate just for

2 illustration -- we've -- we've -- so director of HR.

3 We've identified a candidate internally that wants to be

4 part of the succession planning for that position.

5 We would then -- we would then continue down the

6 process and we talked about the second, if there is a

7 position where their are multiples, what we're going to do

8 is we're going to have them -- oh, you know what? Sorry I

9 got ahead of myself. Let me back up. There we go.

10 Assess the Internal Talent Pool. So once we

11 decide if we got a candidate -- because in some of those

12 positions, there may not be. In some highly technical

13 positions, we may not have a candidate.

14 So we still -- that was important to understand.

15 So whether it was not a candidate, we still wanted to take

16 that position through that knowledge transfer. That's an

17 important piece, regardless if there's an internal

18 candidate or we -- we'll have to eventually go external to

19 recruit. So make sure we have the knowledge of

20 transfer -- transfer of knowledge.

21 One of the biggest challenges organizations face

22 is that with retirees, you don't have -- you don't have a

23 process to capture the knowledge. When they give you the

24 two-weeks notice, you're literally scrambling. That's not

25 a time to think about how you're going -- you're going to

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1 capture years and years of institutional knowledge and key

2 criticality for those job functions.

3 So what the Transfer of Knowledge is is begin the

4 process of creating desk manuals as we call them --

5 reference guides. What are -- what are -- what is that

6 key knowledge? What are -- what are those things -- if

7 you left tomorrow or in the future -- that would be

8 referenced?

9 I know we'd be lost if there's a certain

10 criticality on key contacts. What are date-driven

11 functions? What are processes to complete critical tasks

12 that you just know inherently and have not been

13 memorialized anywhere for someone else to be able to have

14 that continuity of business.

15 You know, in doing this research, I'm a few years

16 away from retirement, but enough that I've paid attention

17 to what's going on out there. And I think it was

18 interesting in some of the research, you know, retirement

19 evokes an array of emotions for these retirees.

20 And, you know, in many situations, your personal

21 identity is tied to what you do at work. And one of the

22 things that I thought was really missing, in the other

23 plans we looked at and as we developed this is how do we

24 connect that eligible retiree to leaving their legacy with

25 out organization?

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1 I mean, at this point, it becomes more relevant

2 to organizations that have tenured staff. If you think

3 about -- we've got a lot of staff that have spent the

4 majority of their career with us: Their identity and what

5 they do. And you think about the legacy; what have they

6 done here? All the great processes and accomplishments

7 they've done, and how do we help them carry and transfer

8 that legacy to new employees and doing that.

9 So what we came up with is we're going to be

10 conducting what we're calling Legacy Workshops. In these

11 Legacy Workshops, anyone that's in that eligibility

12 retirement window will be invited to a workshop.

13 And through that workshop, we're really going to

14 work with them and ask them: What are you most proud of

15 in your accomplishments? What are some of the legacies

16 you want to be known for? What do you want -- what do you

17 want to see carried on and, you know, those institutional

18 things. And I can think of many, many examples of things.

19 Just when you talk to our staff, that

20 institutional knowledge and how do we carry it? We really

21 wanted -- we really wanted those retirees to embrace this

22 process. As I said earlier, this is kind of scary. And

23 how do we -- how do we make -- how do we have them have an

24 opportunity to embrace the process?

25 And then through this workshop, we'll also work

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1 with them to -- so they truly understand the process and

2 understand the expectations and they're going to have

3 ideas of how they can help on that knowledge transfer and

4 do job shadowing and work side-by-side with potential

5 successors.

6 So we're very excited about ruling those out.

7 Again, part of that, we'll talk about the educational

8 resources through the State. And then, again, just

9 provide -- as an organization, we're still working on

10 this. But how do we memorialize this? Do we have a wall

11 of fame for all of our employees that are on the path to

12 be HR? People that have retired?

13 We do -- we do at fair time a really good job.

14 We give you a Numbers of Service of Fair pins, but, you

15 know, just so people feel good.

16 We -- we have -- when I first arrived here and

17 looked out at the -- looked out at the team, we have over

18 950 years, and that was four years ago. 950 years of

19 experience. We got some tenure here. People have

20 invested their lives and they're passionate in doing that.

21 So we wanted -- we wanted this to be -- we wanted

22 this to be a celebration of their legacy. And, you know,

23 let's -- let's face it, when they're celebrating that,

24 they're going to be a apt to help you with the process of

25 transfer the knowledge. So it's a win on -- it's a win on

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1 all of that.

2 So I won't read all that, but the gist of that is

3 earlier, I talked about it that there was multiple

4 candidates that were interested in a potential retiree --

5 in a potential retiree position. They would we given that

6 updated job description.

7 They would do a self-evaluation to assess their

8 skill set for relative -- how relative -- how their skill

9 set matched that position. And then if there's multiple,

10 we would conduct just like we what we would do an

11 interview. We would interview them and pick the best

12 candidate.

13 That said, those -- those candidates that were

14 not selected at that, we had -- had an opportunity to

15 assess their skills, understand what gaps might be out

16 there, and what else they might be interested in that we

17 could help them on a personal development plan, get

18 those -- get that education, get that training, get that

19 job, get that job experience to do that.

20 You know, nothing is -- with any program or

21 process, we need to build a mechanism to measure and

22 monitor our success. We would monitor the progress of

23 these development plans that these internal staff are

24 being put on in working with the eligible retirees for the

25 knowledge transfer, for job training skills with them.

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1 We'll continue to hold quarterly succession

2 planning meetings to review and make sure that the

3 training and everything is on check.

4 You know, we also -- this has to be a buy-in from

5 the entire organization because this -- this -- this will

6 take time. This will take some resources to make sure

7 that we -- this is top priority.

8 And this won't be successful if it's not

9 integrated into everything we do HR. It has to be

10 integrated into all the HR functionality from annual

11 performance reviews to supervisors to -- even to the point

12 of some of these positions, we may need to backfill so

13 that a potential retiree has the time to spend -- has the

14 time to spend with their -- their potential successor.

15 So as you can see with this plan, it's heavily

16 focused on recruiting, retaining our internal talent as

17 one of our key strategies to help us make sure we're --

18 we're successful in the next five years.

19 We don't have, you know, interruption of work,

20 continuity of business, continuing -- as well as giving

21 our folks -- I think there's no better opportunity than to

22 mind the talent inside your own organization, people that

23 are passionate about what we do, and are willing to make

24 the commitment to learn new job skills and have new

25 training to be our future leaders in the organizations.

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1 I made it real brief. I know I went at a very

2 high level. One of the other deliverables from this is

3 it's not finished yet; we're still putting the draft.

4 We will actually have a binder that will be an

5 organizational tool kit that's got all the details to

6 these processes and things. We will roll that out to our

7 leadership team and then HR will go individually with

8 smaller groups so that everyone has a comfort level with

9 it and be able to answer questions and -- and then we're

10 going to hit the go button.

11 As I've said, we've already got a three-year

12 window and move forward with the process. I'll be happy

13 to answer any questions at this time or take comments.

14 ACTING CHAIR AITKEN: Director Meyer.

15 DIRECTOR MEYER: I just want to say, I'm so impressed

16 by the thoughtfulness and the strategic process you've

17 gone through.

18 MS. KRAMER: Thank you.

19 DIRECTOR MEYER: But, also, really that you've focused

20 on human element that goes into succession planning. I

21 think in these kinds of conversations that we have in a

22 Board meeting, it's easy to overlook that and just think

23 about things in the context of policy and numbers.

24 And I love the way you addressed the human

25 element of it.

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1 MS. KRAMER: Thank you.

2 DIRECTOR BAGNERIS: Yeah. I concur with those

3 comments.

4 And I would also say that when I went to the

5 Western Fairs last year -- and I think you guys are going

6 to get a lot of good information from that -- the smaller

7 fairs don't -- don't even think like this at all.

8 They might three members or even their members

9 are out digging ditches so they make sure the water is

10 running, where we have this -- this fair that's so

11 successful and now we're taking another step in succession

12 planning which every business should have some type of

13 succession planning.

14 And I would suggest to AG -- Josh, that if the

15 22nd doesn't have one, they might as well and save

16 themselves a lot of time.

17 So thank you. I think it was an excellent

18 report.

19 MS. KRAMER: Well, I'm excited. As you recall from my

20 CEO update, we're going to be presenting this in detail --

21 the mechanics of it -- to an audience at WFA and then I've

22 been asked to present it to another conference in

23 February.

24 It truly not only is -- I'll tell you, when you

25 talk about your own legacies knowing that you're leaving

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1 this or having this kind of a plan and being able to share

2 it with our industry. There's those that don't have the

3 resources; they don't do that.

4 So we're hoping that, you know, it will be -- it

5 will be utilized by all of our fair family that want to

6 take pieces of it and make sure that they have that.

7 Because you're right. When you -- most

8 organizations don't have a plan.

9 ACTING CHAIR AITKEN: Thank you very much, CEO Kramer.

10 I -- go ahead.

11 DIRECTOR MOUET: I do think this is really good for

12 moral. I understand Civil Service and all those types of

13 issues. I'm just wondering, is there a plan or maybe it

14 has already been done? In regards to sharing the

15 presentation -- staff.

16 MS. KRAMER: Yes. We are taking -- we're going to

17 finalize the playbook and make sure that everyone in

18 management understands the plan so that they can

19 articulate it.

20 And then immediately, we're going to have the HR

21 team, you know, with some of those different management

22 leaders and go out in small groups.

23 We though that instead of doing a giant roll out

24 that it would make more sense to go out into those

25 individual work groups, talk about the plan, promote the

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1 plan, answer any questions.

2 Because a lot of times, what we're finding, some

3 of our -- especially our lined staff -- don't always want

4 to raise their hand in a meeting. They would be in their

5 own environment and have an opportunity in their own

6 environment to speak to their work group specifically.

7 So, yeah. That's our plan to roll it out to the

8 entire staff. It will live on our -- our internal OJ and,

9 again, it will be -- it is already making its way into,

10 you know, our culture and all of the HR processes.

11 ACTING CHAIR AITKEN: Well, thank you very much.

12 I think, you know, proper planning makes sure

13 that emergencies truly are emergencies.

14 MS. KRAMER: I'm sorry. I know there's some of those

15 jobs that I certainly couldn't do. So we want to make

16 sure that we have the right people.

17 ACTING CHAIR AITKEN: No. And I think even as a Board

18 member, when we lose or get new Board members, you always

19 lose institutional knowledge and just really the respect

20 that you have for people's careers and their life-long

21 contributions.

22 We don't want to lose that because we have some

23 fresh ideas and perspective coming in. I have two public

24 comments. Reggie Mundekis and then Vincent Pollmeier.

25 MR. POLLMEIER: If you don't mind, we're going to

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1 go -- my public comment is actually more in the form of a

2 question.

3 Can I -- could you bring up the slide two from

4 CEO Kramer's presentation. I'm going to ask a question

5 about it. And I hope the Board -- I hope the Chair -- the

6 Acting Chair will -- will indulge me.

7 Okay. Yeah. The pie chart. So my question

8 about this is that it says the 50 percent -- the three

9 pieces add up to a hundred percent, and it says that 54

10 percent are eligible for retirement in the next five years

11 which is a number that was repeated.

12 And then it says 31 percent eligible for

13 retirement as of October 2018 which means now. "Now" is

14 within the next five years, so that means that 85 percent

15 of our employees are eligible for employment? Or is that

16 54 percent include the 31 percent and the 15 percent is

17 actually a bigger number.

18 That was my -- that's my question. Because if

19 it's 85 percent, this needs to be a much higher priority

20 for the Board.

21 MS. KULBACK: Can I answer that?

22 MS. KRAMER: Director?

23 MS. KULBACK: It is inclusive of the 54 percent.

24 MR. POLLMEIER: So the 15 is not correct then?

25 MS. KULBACK: It should be 46.

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1 ACTING CHAIR AITKEN: Well, one moment. Just so we

2 have a record. Bianca, could you just come a little bit

3 closer so we can get it as part of the record just to give

4 clarity for the Board and for the public. Thank you.

5 MS. KULBACK: Yeah. The -- the 31 percent is

6 inclusive -- oh, the 54 percent.

7 MR. POLLMEIER: So the actual number is -- what does

8 that work out to be? 56 percent -- 46 percent are now

9 eligible for retirement within the next five years? Okay.

10 Okay. That -- that is actually my apology.

11 I just wanted to -- because if it was 85 percent,

12 I was going to say that's the -- it's -- it's fire --

13 it's -- it's three-alarm fire time, guys. But I wanted

14 to -- I wanted to get clarification on that.

15 Thank you very much.

16 ACTING CHAIR AITKEN: Thank you.

17 MS. MUNDEKIS: Hi. I'm Reggie Mundekis. And thank

18 you for this opportunity to address you this morning

19 regarding the Succession Planning.

20 I'd like to echo the comments of the previous

21 speaker because we're dealing with a very serious matter

22 and the math on the slide with three numbers is wrong and

23 is being used for decision-making. I'm just having some

24 challenges with that.

25 This Succession Planning -- what's being

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1 presented sounds great as a plan and its great ideas. And

2 the question is going to be in the details of the

3 implementation.

4 Some of the concerns is that, you know, maybe one

5 of the reasons that we have a lot of people who are ready

6 to retire is because the younger people who are young

7 enough to go take a job somewhere else have been squeezed

8 out by the new CEO.

9 One of those employees left and became a ghost on

10 the payroll. So we have to ask ourselves -- when we look

11 at this process -- that we make sure that we transmit the

12 right values of this organization as we move employees

13 through.

14 A lot of the older employees have a great

15 investment in community and agriculture and education and

16 we want to check to make sure that we're not using this

17 process as a way to turn this organization into a solace

18 convention center with a sales-driven focus.

19 We need to make sure that we continue to

20 communicate that agriculture, community, and education are

21 priorities because this is a public facility. You get to

22 use this land for free and the public is supposed to be

23 using it.

24 You know, so we need more oversight of this

25 process going forward to make sure that we're not using

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1 this as an excuse to transition to something that we don't

2 want to become.

3 So let's just keep monitoring this and make sure

4 that we're keeping our core values in our employees.

5 Thank you.

6 ACTING CHAIR AITKEN: Thank you very much.

7 We have come -- excuse me. We have come to the

8 end of our agenda. Do we have items for closed session?

9 MR. CAPLAN: Not today.

10 ACTING CHAIR AITKEN: Not today. Okay. Thank you.

11 So with that, we can move straight to the Board

12 of Directors Matters of Information and I will start with

13 Director La Belle.

14 DIRECTOR LA BELLE: Wake me up here. Usually, we're

15 getting music at this point in time. A couple of items.

16 First of all, I mentioned it at last month's

17 meeting, and actually, made a request of Chair Ruiz that

18 we agendize as an action item for this meeting a review of

19 the Government Code sections relative to the duties and

20 responsibilities of the Board members.

21 I would definitely like to see that on the agenda

22 for the February meeting. And I think not only for the

23 benefit of our two new directors, but, obviously, for the

24 benefit of all of us.

25 If you could also agendize the Kelly report --

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1 the Organizational Needs Assessment. Many of the items in

2 that report have been accomplished, but I think it would

3 be a good tool for us as a Board to again revisit the

4 Kelly report and see if there are other things that we

5 want to take a look into.

6 And I made this comment at several previous

7 meetings and to echo several of the audience's comments.

8 I think its imperative that every item, except the CEO's

9 update on the agenda, should be an action item to allow

10 the Board to give an opportunity to provide policy

11 direction to the staff.

12 A pure information item is the CEO's update where

13 they through and review, basically, the things that are

14 occurring there and Michele always does a very nice report

15 of all of the things that are going to be at the Fair and

16 in the ensuing month.

17 But I think if we're going to move forward with

18 providing direction, we need to have the opportunity to

19 provide that direction as an action item.

20 And as Attorney Caplan has indicated, obviously,

21 that item needs to be as specific as possible to enable

22 Board members to take action.

23 And, also, I would support the distribution

24 immediately of the 2016 audit. It is a public document

25 and I think that needs to be distributed in the hands of

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1 individuals who have requested it immediately.

2 And I, as one Board member, would support a

3 special meeting to review the findings contained within

4 that audit. So with that, that concludes my comments.

5 ACTING CHAIR AITKEN: Thank you, Director La Belle.

6 If you could do me a favor, because I may be

7 trying to summarize some of the things that happened so I

8 can send an email to Chair Ruiz.

9 Could you summarize what you're asking for in an

10 email and send it to Chair Ruiz and then just copy me.

11 DIRECTOR LA BELLE: Sure.

12 ACTING CHAIR AITKEN: Or things that you want to

13 agendize.

14 And I know, Director Pham, you were asked to have

15 something -- audit report put on next month's agenda. If

16 you get any specific request, if you could email

17 Chair Ruiz and copy me and that way I'll be able to check

18 it off my -- my list of things that I was supposed to do.

19 Director Rubalcava-Garcia?

20 MR. CAPLAN: One thing I just wanted to chime in.

21 So if you're now starting an email chain with

22 three directors, you need to make sure that you're not

23 talking to each about what you're emailing outside of a

24 public meeting.

25 So I just want to give you all that reminder

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1 today.

2 ACTING CHAIR AITKEN: Yeah. If you could just write

3 it in one-way communication.

4 MR. CAPLAN: "Please do not respond to this email or

5 talk to me about it outside of a public meeting."

6 DIRECTOR RUBALCAVA-GARCIA: Nothing to add.

7 ACTING CHAIR AITKEN: Thank you. Keeping me out of

8 jail. I like it. Director Mouet.

9 DIRECTOR MOUET: I know that the rain sometimes

10 bothers us, but I love it. Last rain season, we had less

11 than four inches of rain. It was very, very dry. Water

12 is sacred, really, in California.

13 And so I know that December was a really wet but

14 January is going to take us over the four inches from last

15 year and I just want it to keep going with this. All

16 plans, not just public parks and agriculture.

17 VICE CHAIR CERVANTES: And I want to thank

18 Director Aitken for doing a great job for the meeting

19 today. Thanks.

20 ACTING CHAIR AITKEN: Thank you. Director Bagneris.

21 DIRECTOR BAGNERIS: First of all, Happy New Year.

22 It's our first meeting of the year. And I say that all

23 through January or if I haven't seen you, I might say it

24 to you in February. But Happy New Year.

25 And in honor of our former CEO who's still in the

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1 audience, he always said that as the Fair, we bring joy to

2 people's lives. And I think we have to -- I always keep

3 that in the forefront of my mind; how do we bring joy?

4 Some of this meeting gave me a headache today to

5 be honest with you. It was a little tense. But I want

6 you to know that when I had gone outside and doing fair

7 time, this fair is really looked up to.

8 And I think that if we weren't, you know, I don't

9 think there's anything in the Fair that's going on, and if

10 there was, 950 years of people would not still be here.

11 So I just want us to keep that in mind -- new Board --

12 Board members as well.

13 I'm very proud of our CEO and our staff. And we

14 can -- when you go to this WFA convention, you're going to

15 have your chest stuck out because will see Orange County

16 Fair on your chest and they'll be, like, "Wow." Because

17 we really are looked up to. So I appreciate the staff.

18 When I was Chair -- immediate past Chair --

19 there's nothing I did that I didn't go through Mr. Caplan

20 or CDFA if needed be. So I think they're always there for

21 us and always involved and that makes me comfortable to

22 sit in this room -- when I hear certain things -- to know

23 I have good advice on the other end.

24 So just -- let's continue. We have big shoes to

25 fill because we were a record-breaking last year and I'd

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1 love to see us break that record again. So let's continue

2 on, and I appreciate, again, everybody in these -- this

3 Board for taking on the tough issues.

4 And I really thank the Acting Chair today for her

5 comments and leading us today.

6 DIRECTOR MEYER: My only comment is that I spent many

7 years serving as a Professional Board Secretary to the

8 Board of a large private university. And I know, as a

9 result of that experience, how much work goes into

10 preparing for meetings like this.

11 I just want to thank Kathy and her team for

12 putting all the effort into creating this presentation.

13 MS. KRAMER: Summer as well.

14 DIRECTOR BAGNERIS: Summer.

15 ACTING CHAIR AITKEN: Director Pham.

16 DIRECTOR PHAM: Yeah. I just want to echo

17 Director Bagneris's sentiments on keeping perspective on

18 things.

19 And I wasn't here last month, so I didn't get to

20 congratulate both of the new Board members for joining the

21 Board and welcome you.

22 ACTING CHAIR AITKEN: Thank you. And I just want to

23 wish everybody a Happy New Year and thank you for

24 indulging me as the Acting Chair. I hope I didn't ruin

25 the place. Hopefully, we'll still be in business next

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1 month.

2 DIRECTOR LA BELLE: Outstanding job, Ashleigh.

3 ACTING CHAIR AITKEN: All right. With that, we are

4 adjourned.

5 (Meeting adjourned at 12:13 p.m.)

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1 REPORTER'S CERTIFICATION

2

3 I, the undersigned, a Hearing

4 Reporter of the State of California, do hereby certify:

5 That the foregoing proceedings were taken before

6 me at the time and place herein set forth; that any

7 witnesses in the foregoing proceedings, prior to

8 testifying, were duly sworn; that a record of the

9 proceedings was made by me using machine shorthand, which

10 was thereafter transcribed under my direction; that the

11 foregoing transcript is a true record of the testimony

12 given.

13 Further, that if the foregoing pertains to the

14 original transcript of a public meeting, before completion

15 of the proceedings, review of the transcript [] was [] was

16 not requested.

17 I further certify I am neither financially

18 interested in the action nor a relative or employee of any

19 attorney or party to this action.

20 IN WITNESS WHEREOF, I have this date subscribed

21 my name: January 30th, 2019.

22

23

24 <%17200,Signature%>

25 Luis R. Hernandez

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[cffa - collaboratively]

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[colleagues - confusing]

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[conga - crossroads]

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directed 34:1852:15,25 112:8

[crystals - directed]

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[direction - drive]

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[veterinarian - we've]

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[we've - year]

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[year - zoo]

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