25
HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 1 1 2 3 4 5 6 7 8 SPECIAL MEETING 9 OF THE FAIR BOARD OF DIRECTORS 10 32ND DISTRICT AGRICULTURAL ASSOCIATION 11 12 13 14 15 16 17 18 Held on: Wednesday, July 15, 2009 19 20 21 Reported by: Marlene Apodaca, CSR No. 6579 22 23 24 25 HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

2 reported by Marlene Apodaca, a Certified Shorthand ... reported by Marlene Apodaca, ... 5 DIRECTOR DAVID ELLIS: So pursuant to government 6 code section 1125.4, the subcommittee

Embed Size (px)

Citation preview

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 1

1

2

3

4

5

6

7

8 SPECIAL MEETING

9 OF THE FAIR BOARD OF DIRECTORS

10 32ND DISTRICT AGRICULTURAL ASSOCIATION

11

12

13

14

15

16

17

18 Held on: Wednesday, July 15, 2009

19

20

21 Reported by: Marlene Apodaca, CSR No. 6579

22

23

24

25

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 2

1 Special Meeting of the Fair Board of Directors,

2 reported by Marlene Apodaca, a Certified Shorthand

3 Reporter for the State of California, with principal

4 office in the County of Orange, commencing at 5:00 p.m.,

5 Wednesday, July 15, 2009, in the Costa Mesa City Hall,

6 Conference Room 1A, Costa Mesa, California.

7 APPEARANCES OF BOARD MEMBERS:

8 Julie Vandermost, Chair

9 Kristina Dodge, Vice President Joyce Tucker, Member

10 David Padilla, Member Gary Hayakawa, Member

11 David Ellis, Member Mary Young, Member

12

13 STAFF PRESENT:

14 Steve Beazley, CEO Jeff Willson, Secretary

15 Jerome Hoban Doug Lofstrom

16 Dena Heathman

17

18 PUBLIC SPEAKERS:

19 Michael Miller Wendy Leece, Mayor Pro Tem

20 Kathy Hobstetter Dr. Janice Posnikoff

21 Allan Roeder, City of Costa Mesa

22

23

24

25

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 3

1 EXHIBITS

2

3 Fair Board Description

4 Exhibit A Resolution Draft #3

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 4

1 Wednesday, July 15, 2008

2 Costa Mesa, California

3 5:00 p.m.

4 ***

5

6

7 CHAIR JULIE VANDERMOST: I'd like to call the

8 meeting to order and read the mission of the Orange

9 County Fair and Exposition Center, which is celebration

10 of Orange County's communities, interests, agriculture

11 and heritage, with results justifying resources expended.

12 Do we have -- yes, we have a flag. Could we all

13 stand and say the Pledge of Allegiance?

14 Joyce, new grandma, why don't you lead it?

15 (Pledge of Allegiance led by Director Joyce

16 Tucker.)

17 CHAIR JULIE VANDERMOST: Roll call, Jeff.

18 (Roll call conducted by Jeff Willson.)

19 CHAIR JULIE VANDERMOST: Thank you.

20 Do we have any speakers who would like to speak

21 on any item that is not on our agenda today? If so,

22 please come on, stand up, and we'll get you to fill out a

23 card after the fact. No one?

24 Okay. Hearing none, we have an item on our

25 agenda today, the governor's proposal to sell the Orange

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 5

1 County Fair and Event Center action item.

2 And Steve, do you want to give us a staff

3 report? I'm sorry. Is this on -- I apologize. Michael

4 Miller, are you speaking on the item on the agenda or on

5 a different item?

6 MR. MICHAEL MILLER: The Fairgrounds that's on

7 the agenda.

8 CHAIR JULIE VANDERMOST: The item on the

9 agenda. Okay. So we'll take your testimony in just a

10 moment. Thank you.

11 And again, if there is anybody who would like to

12 speak, please fill out a card for us.

13 Steve, would you like to give us a staff report?

14 PRESIDENT STEVE BEAZLEY: Towards the first of

15 year, the board appointed a task force or a subcommittee

16 to monitor the goings-on of and to look at some other

17 fairs and their governance in general, and then expanded

18 that role as the governor in May put forward a proposal

19 to sell five properties, including the OC Fair and Event

20 Center.

21 That task force to monitor those proceedings and

22 that issue was made up of Director Dave Ellis and

23 Director Kristina Dodge. And so they have been

24 monitoring the situation in Sacramento and locally and

25 talking to some of the other fairs who are in the same

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 6

1 situation as we are.

2 So today what we need to do is they need the

3 subcommittee or the task force needs to present their

4 findings. That's the first thing that needs to happen.

5 To speak to the full board, they had to speak in public,

6 as more than two people, as you know, have to gather in a

7 public setting, more than two members.

8 So they need to produce their findings, and then

9 the boards need to decide if their findings merit to go

10 on to look at this proposal today. So here are the

11 findings of the subcommittee, and then we'll talk about

12 the merits of moving on to considering this proposal

13 that's before us.

14 CHAIR JULIE VANDERMOST: Thank you.

15 Can everyone hear okay in this room? Okay.

16 Thank you.

17 Dave, do you want to --

18 DIRECTOR DAVID ELLIS: Yeah. And pursuant to

19 the Bagley-Keene Act, which is our governing open

20 meetings law we need to follow, in order to hold a

21 special meeting with a 48-hour notice to the public, we

22 have to make certain findings.

23 So what I'd like to do is make a motion. I'd

24 like to make a motion stating our findings. The board

25 will consider that, take public testimony on this motion,

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 7

1 if it's adopted. Then we can move on to the resolution

2 issue.

3 Okay?

4 CHAIR JULIE VANDERMOST: Okay.

5 DIRECTOR DAVID ELLIS: So pursuant to government

6 code section 1125.4, the subcommittee on governance,

7 which is Kristina and myself, recommends that the board

8 of directors adopt the following findings regarding this

9 meeting. The imminent passage of the State budget and

10 the proposal all by the governor to sell surplus or

11 under-utilized assets, including the Orange County

12 Fairgrounds, would cause a hardship on the 32nd

13 Agricultural District and its partners. And this is

14 specifically called out in government code section

15 1125.4, sub section five, for all of you who are

16 fascinated with that stuff.

17 Therefore, the board of directors has called

18 this special meeting for the purpose of notifying the

19 public legislature and administration of our position

20 relative to the sale of the Fairgrounds, prior to the

21 adoption of the state budget.

22 The procedure from here would be, if that

23 finding is adequate to the board, we would entertain a

24 motion and a second, open it up to public comment, and

25 then have a vote.

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 8

1 DIRECTOR MARY YOUNG: I make a motion to

2 approve.

3 DIRECTOR GARY HAYAKAWA: What is the -- that's

4 the motion?

5 DIRECTOR DAVID ELLIS: That's the motion.

6 CHAIR JULIE VANDERMOST: That's the motion that

7 gets us to -- explains why we are at a special meeting.

8 So Mary moved.

9 DIRECTOR GARY HAYAKAWA: I'll second.

10 CHAIR JULIE VANDERMOST: All in favor?

11 Opposed?

12 DIRECTOR DAVID ELLIS: Hang on. We need public

13 comment.

14 CHAIR JULIE VANDERMOST: Excuse me. I did not

15 realize. Okay.

16 Would anyone like to speak on the issue of the

17 fact that we're calling a special meeting of the board?

18 Okay.

19 Hearing no one, may I have a vote of the board

20 then? All in favor? Opposed? Abstentions? Thank you.

21 (Whereupon the motion was unanimously passed by

22 the Fair Board of Directors.)

23 PRESIDENT STEVE BEAZLEY: Then with that passage

24 we can move on and consider the resolution. For those of

25 you at the table and those of you in the audience, to

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 9

1 make sure, there has been a couple redrafts; so we're

2 reading off draft 3. So if your proposal does not say

3 "Draft #3" at the top, then we need to get you a new

4 copy, to make sure we're all reading off the same page.

5 And then draft 3 will constitute the language that the

6 subcommittee has put forward to consider for this

7 resolution to go to the governor.

8 So I don't know if Chair Vandermost -- I don't

9 know if we read each one out loud. Director Ellis can

10 certainly guide us in that, or if we can just have a

11 general discussion about any of the "whereas"s that come

12 up.

13 DIRECTOR DAVID ELLIS: Maybe I could set the

14 table a little bit.

15 CHAIR JULIE VANDERMOST: Please. That would be

16 great.

17 DIRECTOR DAVID ELLIS: I believe it was January

18 or February the board designated Kristina Dodge and

19 myself as the governance subcommittee to take a look at

20 how other fairs throughout California are operated, and I

21 think we actually went -- we didn't physically, but we

22 received documents from Washington or whatever.

23 PRESIDENT STEVE BEAZLEY: Yeah. Puyallup Fair

24 in Western Washington.

25 DIRECTOR DAVID ELLIS: Exactly. So we have

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 10

1 looked at the governing documents and held interviews and

2 phone conversations with fairs up and down the state,

3 including Alameda, Los Angeles. We have met with Del

4 Mar. We have pulled documents from Sacramento and the

5 Cal Expo folks, just to get an idea of how to reposition

6 this organization and this hundred fifty acres for the

7 future. Are we doing it right now? Can we do it better?

8 What should we be doing?

9 Then the state went into the tank financially,

10 and the governor made a proposal that seven surplus

11 properties throughout the state, of which one was the

12 Orange County Fair, be surplus and sold to the public;

13 and we have just sort of kept quiet as we were doing our

14 research.

15 As the budget now is about to come to conclusion

16 in the next few days, we felt it important at this point

17 in time to bring to the board our findings. And our

18 findings basically replicate how the County of Los

19 Angeles operates their fair. It is a nonprofit fair that

20 is run very effectively. It has local control, which we

21 believe is one of the underpinnings of how we should

22 operate these things, going forward.

23 So with that model in mind, we have prepared

24 this resolution for the board's consideration, and in our

25 hope that it gets adopted today and transmitted to the

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 11

1 governor and the relevant state and local agencies that

2 have oversight.

3 So with that setting of the table, I'll be

4 quiet.

5 CHAIR JULIE VANDERMOST: All right. Are there

6 any comments or questions from the board?

7 Can I take Michael Miller, take testimony now?

8 Sir, if you want to stand up at the end of that table

9 there, or you can sit at the chair at the end of the

10 table, whatever you're most comfortable with.

11 MR. MICHAEL MILLER: It won't be that long. But

12 since I've lived here most of my life in the area, the

13 Fairgrounds, the fair, plus the other events which

14 supports a lot of things besides the fair mean a lot to

15 the people around here. And if the land goes, you'll

16 never find a place these days to get any more. And I

17 just want to say look five years from now, where do you

18 want to be? Do you want to have a Fairgrounds or not.

19 And if you do decided to give it up, make sure

20 there is a contingency that it will only go if there is

21 somebody else willing to take on that function. That's

22 all.

23 CHAIR JULIE VANDERMOST: Thank you very much.

24 Okay. Great. And this resolution basically does not

25 talk about, you know, who would purchase it or how it

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 12

1 would be purchased in the future.

2 DIRECTOR DAVID ELLIS: Correct.

3 CHAIR JULIE VANDERMOST: But the idea is that a

4 local entity purchase it, ultimately, so that we have --

5 the fair is protected in perpetuity.

6 DIRECTOR DAVID ELLIS: The fair is our primary

7 concern. The fair and those hundred fifty acres,

8 operating the way they currently operate today, is our

9 primary concern.

10 CHAIR JULIE VANDERMOST: Okay. All right. So

11 with that, do I have a motion to approve the resolution?

12 DIRECTOR MARY YOUNG: I make a motion to approve

13 the resolution.

14 DIRECTOR GARY HAYAKAWA: I'll second.

15 CHAIR JULIE VANDERMOST: Second by Gary.

16 All in favor?

17 DIRECTOR DAVID ELLIS: We need public.

18 CHAIR JULIE VANDERMOST: I'm sorry. I thought

19 I just had public comment.

20 DIRECTOR DAVID ELLIS: You had it to set the

21 special meeting, to call the special meeting.

22 CHAIR JULIE VANDERMOST: No. I just had public

23 comment, Michael Miller. I didn't blow it this time.

24 Okay.

25 Just in case, is there any more public comment?

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 13

1 Okay. Yes.

2 MS. WENDY LEECE: Hi. I'm Wendy Leece, and I'm

3 mayor pro tem in Costa Mesa. And we're just delighted

4 that you're here in our conference room, but we're very

5 excited about what you're doing. And as you reference

6 the resolution that we had earlier, a few months ago,

7 opposing the sale. We just want to support what you're

8 doing, and whatever we can do to help.

9 CHAIR JULIE VANDERMOST: Thank you very much.

10 We appreciate it. Thank you for being here.

11 I have a hand in the back there.

12 MS. KATHY HOBSTETTER: I just have a question.

13 I'm not against it at all, but I have a question.

14 What are the risks of passing this resolution,

15 which is an endorsement stamp? It doesn't mean it's

16 going to happen, but it's an endorsement stamp.

17 What are the risks of somebody else coming along

18 and purchasing it and buying it? And all of a sudden the

19 fair is a whole different animal, a lesser animal. What

20 are those risks? I think it's not the resolution, but my

21 question is the risks involved with now we lose it all.

22 DIRECTOR DAVID ELLIS: Well.

23 MS. KATHY HOBSTETTER: Did I ask that right?

24 DIRECTOR DAVID ELLIS: Do you want me to

25 respond?

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 14

1 PRESIDENT STEVE BEAZLEY: It's public comment.

2 Typically you just take it, but it's open to the board.

3 The board has that option, if you'd like.

4 CHAIR JULIE VANDERMOST: I think we should

5 respond.

6 Dave, do you want to respond?

7 DIRECTOR DAVID ELLIS: We have two of the folks

8 who will minimize risk in the room right now, that I

9 think will help answer the question. The city of Costa

10 Mesa retains zoning control on the property. The general

11 plan calls out -- help me, Allan -- a Fairgrounds.

12 The zoning code calls out a

13 recreational/institutional use, so the future buyer or

14 the future operator would have to comply with those

15 zoning restrictions.

16 CHAIR JULIE VANDERMOST: And I think that what

17 we're trying do here is create a win-win-win for the

18 State. They do need money. They're telling us they're

19 going to put our property up for sale.

20 And when I say "our" I mean everyone in this

21 room, our property up for sale. So no matter what, we've

22 got a risk. Right now we are at a risk.

23 So the question is can we be pro-active to

24 minimize that risk and retain this fair for the

25 community, not only of the Costa Mesa but of Orange

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 15

1 County and beyond. So that's the concept here.

2 So we're basically signaling to the legislature

3 that: Look, we would like to purchase this, we

4 collectively, and bring it back to local control, so that

5 we don't have, every five years, when there is a budget

6 problem, this big cloud over our heads again, and we can

7 make sure the fair is kept in perpetuity. That's the

8 goal here. So that's what the concept is.

9 MS. KATHY HOBSTETTER: That was my question.

10 CHAIR JULIE VANDERMOST: But the risk is there

11 today.

12 MS. KATHY HOBSTETTER: I just don't want someone

13 to come in and make it one big skate park.

14 CHAIR JULIE VANDERMOST: That's where Costa

15 Mesa has to approve anything that happens, and they won't

16 let it. Thank you.

17 Okay. Any other public comment?

18 Okay, Janice.

19 MS. JANICE POSNIKOFF: I have a question. Who --

20 I think it says in the resolution or what I read was that

21 the resolution is part of it to go to a nonprofit group,

22 that you're recommending that the sale go to a nonprofit.

23 CHAIR JULIE VANDERMOST: There is actually a

24 new version draft number three, and that is not in the

25 new version number three.

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 16

1 MS. JANICE POSNIKOFF: So I guess my question --

2 okay, good. So that's changed.

3 But then who is the board supporting? Is the

4 board trying to create their own group to buy the

5 facility now?

6 DIRECTOR DAVID ELLIS: At this point all we're

7 trying to do is send a signal to the governor and to the

8 legislature, as they negotiate the budget deal, that

9 there is interest on our part to have the property sold.

10 We make no other comments, no other

11 determinations in this resolution. This is all we're

12 talking about today.

13 In the future I think we're going to have

14 discussions about who -- what vehicle might be used, be

15 it nonprofit, for profit.

16 My personal preference is the Los Angeles County

17 model of the nonprofit.

18 MS. JANICE POSNIKOFF: And then what was the

19 thought process that came up to this resolution on the

20 board's part? What was your thinking to come to this

21 resolution, other than -- I know you just explained to

22 Kathy that we have that option. But I'm sure that the

23 board must have some kind of plan, if they decide they're

24 proposing this, or do you have a plan if he proposes to

25 put it for sale?

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 17

1 DIRECTOR DAVID ELLIS: We don't put it for sale.

2 The State of California puts it for sale.

3 MS. JANICE POSNIKOFF: That's what I meant,

4 Governor Schwarzenegger putting it for sale.

5 DIRECTOR DAVID ELLIS: This resolution comes

6 forward from a two-person subcommittee of Kristina Dodge

7 and myself, so this the first time the board has seen

8 this as a body. So we, in the future, will be developing

9 plans; but we don't have any plans as of today.

10 PRESIDENT JULIE VANDERMOST: But we do have an

11 example out there, which is the L.A. County Fairgrounds,

12 Janice, which has gone to a nonprofit entity. And so

13 they broke away from the state many years ago, probably

14 in similar circumstances, and have been able to really

15 maintain the fairgrounds and the exposition center there,

16 and have a very wonderful governance. So we will be

17 looking at that model.

18 So when you're thinking about it, that's the

19 kind of thing to think about.

20 MS. JANICE POSNIKOFF: And is there an interested

21 group that's come forward, saying that they would be

22 willing to form that kind of nonprofit group?

23 DIRECTOR DAVID ELLIS: Not to my knowledge.

24 CHAIR JULIE VANDERMOST: Right now our board is

25 looking at, you know, what all that means. And those are

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 18

1 the details that will come.

2 But at this point, because of the budget issue,

3 we need to be able to signal the governor and the

4 legislature that there is local interest from the City of

5 Costa Mesa, from the city fair board, from the community.

6 You know, we need to provide that signal, so they don't

7 just sell it out from under us. They know that there are

8 local people who are interested in cutting some kind of

9 deal and making a win-win situation.

10 PRESIDENT STEVE BEAZLEY: Right now the

11 nonprofit model is more conceptual than anything. It's

12 just putting a concept on the table, but there is not a

13 plan behind that.

14 MS. JANICE POSNIKOFF: Now, you said, though,

15 you just finished saying there are people interested.

16 CHAIR JULIE VANDERMOST: No. I mean the people

17 who are the fairgoer, who are -- you know, who say, "Save

18 the fair."

19 The City of Costa Mesa, who says, "Look, we want

20 a fair there. We don't want anything else."

21 Obviously, as the board of directors of the

22 fair, we want to see the fair remain in perpetuity. So

23 that's what I mean when I say that. I'm using the royal

24 "we".

25 MS. JANICE POSNIKOFF: Okay. And so this

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 19

1 resolution is going to the board right now. And this is

2 the public, in general, that gets a say at this moment to

3 you?

4 CHAIR JULIE VANDERMOST: Yes. And as we move

5 forward, depending on how this develops, the discussion

6 will be at the regular board meetings, most likely.

7 But the reason we had to have the special

8 meeting -- you came in late, and you didn't hear the

9 findings on that -- is because this all has to be put

10 into the mix with the budget that's being dealt with, as

11 we speak, and supposed to be approved this week. So we

12 didn't have time to wait until the August meeting.

13 MS. JANICE POSNIKOFF: Right.

14 CHAIR JULIE VANDERMOST: Because it all would

15 have been done by that point. So, you know, it's the

16 signal that we have to send.

17 MS. JANICE POSNIKOFF: All right.

18 DIRECTOR DAVID ELLIS: Is there a motion and a

19 second?

20 MR. ALLAN ROEDER: If I might help address some

21 of the concerns, the resolution the board is considering

22 today is almost identical to that which the City of Costa

23 Mesa has already adopted. They are very much in sync.

24 They are none binding. They don't carry the force of

25 law. It is an expression of this, just as it was of our

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 20

1 city council, this board's interest in retaining the

2 Fairgrounds and bringing it under local control, and not

3 just to be put on the auction block and sold off.

4 We, as the city, have taken a very strong

5 position on that, on wanting to retain the Fairgrounds,

6 how we do have land use control over that authority.

7 I'm sure that is something that can be

8 contested. If the state felt that they needed enough

9 money out of this site, I'm sure we would see that issue

10 protested, and our city would contest that. But the

11 board's resolution is to seek to avoid that and have the

12 property today sold locally, so it can remain as a

13 Fairgrounds. In the city's interests, the fairground's,

14 and the board's, as opposed to going through what I think

15 would be a very difficult process, simply trying to

16 maximize some ultimate value for some other use.

17 So I think our -- certainly the City of Costa

18 Mesa, our interests are very much consistent with those

19 of the board, recognizing there are a lot of details yet

20 to be worked out, a lot of details.

21 CHAIR JULIE VANDERMOST: All right. With that,

22 we have a motion on the table, and I would -- and we have

23 a first and a second, correct?

24 Okay. All in favor? Opposed? Abstentions.

25 Thank you. Very much.

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 21

1 (Whereupon the motion was unanimously passed by

2 the Fair Board of Directors.)

3 CHAIR JULIE VANDERMOST: CEO's operational

4 update.

5 Do you have an update for us?

6 PRESIDENT STEVE BEAZLEY: Not as of yet. I will

7 do a written update in terms of some of the statistics of

8 the fair, coming up in the next day or so.

9 CHAIR JULIE VANDERMOST: Okay. Thank you.

10 We have on the agenda here an executive session.

11 Are we planning on doing that?

12 PRESIDENT STEVE BEAZLEY: No. These are all

13 just place holders at this point, but nothing in any one

14 of these except 6A.

15 CHAIR JULIE VANDERMOST: I take it no board of

16 directors matters of information.

17 Next board meeting August 27th, 2009. We will

18 be in our new building next month.

19 DIRECTOR GARY HAYAKAWA: Are you sure?

20 PRESIDENT STEVE BEAZLEY: Whether it's done or

21 not.

22 DIRECTOR DAVID ELLIS: One thing, before we

23 adjourn.

24 CHAIR JULIE VANDERMOST: Yes.

25 DIRECTOR DAVID ELLIS: I'd like to -- because

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 22

1 these issues are moving rather rapidly in Sacramento, I'd

2 like to have the board consider setting a regular meeting

3 in ten days to review this, find out what's happened with

4 the budget, see if there has been any interest resulting

5 from our resolution.

6 I don't know how we procedurally do that, but

7 that's what I'd like to do.

8 DIRECTOR GARY HAYAKAWA: You'd like to notice

9 it, so we can always cancel it?

10 DIRECTOR DAVID ELLIS: Right, right.

11 CHAIR JULIE VANDERMOST: So that way, if there

12 is some movement, and we have to do something, react in

13 some way.

14 DIRECTOR DAVID ELLIS: We can always call a

15 special meeting again. But I'd prefer not to do that. I

16 don't think gives the public enough notice. The law

17 allows us, but I just think a regularly scheduled meeting

18 in ten days.

19 CHAIR JULIE VANDERMOST: So that would be the

20 25th. What day is the 25th?

21 MR. JEFF WILLSON: Saturday.

22 CHAIR JULIE VANDERMOST: So the 28th would be

23 the Monday. Monday the 28th, board.

24 Do we want to do it Monday or do we want to do

25 it Wednesday?

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 23

1 PRESIDENT STEVE BEAZLEY: I'll ask a procedural

2 question. Do you have study session that day?

3 MR. ALLAN ROEDER: No, we don't.

4 CHAIR JULIE VANDERMOST: How about Wednesday,

5 if we did it Wednesday at 5:00? Is that too late?

6 CHAIR JULIE VANDERMOST: Let's do the 30th,

7 which is Wednesday, at five o'clock, again here at this

8 location.

9 PRESIDENT STEVE BEAZLEY: That's two weeks from

10 today.

11 CHAIR JULIE VANDERMOST: Yes. I think that

12 would be two weeks from today. Let's all check our

13 calendars and make sure that works.

14 DIRECTOR GARY HAYAKAWA: 29th.

15 PRESIDENT STEVE BEAZLEY: Do you think

16 two weeks -- well, I guess we can always go for a special

17 meeting. But does that feel a little bit far out, the

18 way the pacing of things is going in Sacramento?

19 DIRECTOR DAVID ELLIS: It does. But if we need

20 to do a special meeting again, we'll have to.

21 CHAIR JULIE VANDERMOST: All right. So that's

22 Wednesday, the 29th, five o'clock, at this location.

23 PRESIDENT STEVE BEAZLEY: Okay.

24 CHAIR JULIE VANDERMOST: All right. With that,

25 I'm going to adjourn the meeting.

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 24

1 And I want to thank everyone who is here this

2 afternoon. Thank you for coming. And we appreciate you

3 being here, and thank you very much for your comments.

4 (Whereupon Exhibit A was marked for

5 identification by the Court Reporter, a copy of which is

6 attached hereto.)

7 (The proceedings concluded at 5:21 p.m.)

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398

HAHN & BOWERSOCK 800-660-3187 FAX 714-662-1398 151 KALMUS DR. SUITE L1 COSTA MESA, CA. 92626 25

1 CERTIFICATION

2 OF

3 CERTIFIED SHORTHAND REPORTER

4 I, the undersigned, a Certified Shorthand Reporter

5 of the State of California, do hereby certify:

6 That the foregoing proceedings were taken before me

7 at the time and place herein set forth; that any

8 witnesses in the foregoing proceedings, prior to

9 testifying, were placed under oath; that a verbatim

10 record of the proceedings was made by me using machine

11 shorthand which was thereafter transcribed under my

12 direction; further, that the foregoing is an accurate

13 transcription thereof.

14 I further certify that I am neither financially

15 interested in the action nor a relative or employee of

16 any attorney of any of the parties.

17 IN WITNESS WHEREOF, I have this date subscribed my

18 name __________________________________________________

19

20 Dated: ___________________________________________

21

22 Certificate Number: 6579

23

24

25

HAHN & BOWERSOCK (800) 660-3187 - FAX (714) 662-1398