Fairgrounds Staff

OC Fairgrounds Equestrian Center Demolition Proposed to Create 245 Space RV Park

The latest proposal for the OC Fairgrounds (Orange County Fair and Event Center or OCFEC) Master Site Plan shows the Equestrian Center being demolished and replaced with a 245 space RV park which can also be used as a 900 space parking lot. Demolishing the Equestrian Center eliminates the single largest agricultural use at a property which claims to have a mission of  "Celebration of Orange County's Communities, Interests, Agriculture and Heritage [. . . ]". Removing the Equestrian Center is unacceptable and must be taken off the table.

Board Directors (Ashleigh Aitken, Barbara Bagneris, Nick Berardino, Sandra Cervantes, Doug La Belle, Newton Pham, Robert Ruiz, Stan Tkaczyk) and Executive Management  have wasted over $250,000 in Public money on Master Site Plan proposals which do not take into account the needs and desires of the Public and are incompatible with the surrounding neighborhoods.  The time is now to rip up both the September 2017 and April 2018 Master Site Plan proposals and start over with a process which focusses on the needs and desires of the Public who own OCFEC and which includes the Public in the process at the same level of effort as the Board, Executive Management, contractors, and staff. 

View the entire proposal on the OCFEC website or see the two slides about the replacement Equestrian Center with an RV park and parking lot here:

Master Site Plan CHJC-OCFEC-Board-Presentation-April-2018

As a PDF:  Download Master Site Plan CHJC-OCFEC-Board-Presentation-April-2018

RVPark_CHJC-OCFEC-Board-Presentation-April

As a PDF:  Download RVPark_CHJC-OCFEC-Board-Presentation-April-2018-FINAL-DRAFT_040218

If you are already fed up, sign the petition asking to save the Equestrian Center and to start over with the Master Site Plan process which includes the Public in the process. 

Rip Up the 2 OC Fairgrounds Master Site Plans, Start Over with a Public-Friendly Process!

 

How Did This Happen?

In September 2017, a Master Site Plan proposal converting OCFEC to a convention center was presented. (See Board Workshop – Concept Presentation MSP files.)  The Equestrian Center was retained in the September 2017 Master Site Plan proposal. This proposal was helmed by VP of Business Development Ken Karns with Directors Doug La Belle and Robert Ruiz comprising the Master Site Plan Task Force overseeing the project. The Master Site Plan proposal was shown one (1) time in September 2017 and then whisked away to a backroom for changes to be made. Despite the Public begging for additional meetings to be held to allow the Public to have input into changes, Directors Doug La Belle and Robert Ruiz kept the process in the back room and refused to allow the Public to participate in decision making. During the same time, an Equestrian Center Task Force with Directors Ashleigh Aitken and Stan Tkaczyk and retired real estate investor Theresa Sears made statements which led many to believe that the Equestrian Center would be retained. 

 

Converting the Equestrian Center to Parking Creates Millions in Annual Revenue

245 Space RV Park is Sized for Year Round Use

The proposed RV park has 245 RV spaces with restrooms and showers and is across the street from TeWinkle Park, the Skate Park and Bark Park. At 245 spaces, the proposed RV park is in between than the 185 space RV park at  LA County Fairplex in Pomona, CA, operated by KOA, the 195 space Orangeland RV Park in Orange and Newport Dunes located on the Back Bay of Newport Beach, CA, with 382 RV spaces. The proposed RV park can be used year round for both camping by those working at OCFEC events or by members of the public desiring to park their RV in a coastal area.  A little research shows a daily rate of $50 per day is a comparable daily rental rate. A conservative projection of about $1.6 million in annual revenues is made as follows:

  • Total Spaces  245
  • Number of Available Days to Rent to the Public  270 (Remove June, July and August from the public rental schedule to the OC Fair)
  • Daily Rate $50.00 
  • Capacity 50%

Once the RV park is built, there is nothing preventing OCFEC from converting the area to year round use or engaging an operator such as KOA to manage the park.

 

RV Park Can Also be 900 Parking Spaces

The Master Site Plan includes using the former Equestrian Center area as a 900 space parking lot in addition to functioning as RV parking. Parking is a signficant source of OCFEC revenue with the 2018 budget showing $5,305,113 in total parking revenue as follows:

  • $2,758,813 in Fair Parking Revenue (line item 4370)
  • $94,700 in Vendor Hang Tag Parking (line item 4393)
  • $2,161,700 in Year-Round Event Parking Sales (line item 4710)
  • $268,900 in VIP Event Parking Revenue (line item 4711)
  • $21,000 in Preferred Parking (line item 4715)

Download the 2018 OCFEC Budget  Download 17_1108_2018_Budget_Roll-up_CapEx_DRAFT

A revenue projection can be made for a 900 space parking lot using a similar methodology as used for the RV park and shows a conservative estimate of about $1.2 million per year.  

  • Total Spaces  900
  • Number of Available Days to Rent to the Public  270 (Remove June, July and August from the public rental schedule to the OC Fair)
  • Daily Rate $10.00 
  • Capacity 50%

 

Safety of Arlington Drive & New Bike/Pedestrian Trail Jeopardized by New Parking Lot

Davis Elementary School, TeWinkle Park, Bark Park, Costa Mesa Tennis Center, and Volcom Skate Park are also located along Arlington Drive. Arlington Drive is a neighborhood street to be used to school, park and residential use, not for carrying 900 cars to park at $10 car to make $9,000 per day, at a minimum. It is not clear if Executive Management or the Board of Directors have noticed that Arlington Drive is not a major street designed to carry large amounts of vehicle traffic or heavy vehicles such as RVs and carnival equipment. A multipurpose trail for use by bicycles and pedestrians has been added to Arlington Drive in addition to the bioswale. Creating a 245 space RV park adds a minimum of 490 trips across the bike and pedestrian trail to fill and empty the RV park. Creating a 900 space parking lot adds a minimum of 1800 trips across the bike and pedestrian trail. Vehicle trips over the bicycle and pedestrian trail create safety problems with creating the conditions which can allow pedestrian and bicycle accidents to occur for the sole reason of making money.  Creating safety problems to make money is appalling and the proposed parking lots replacing the Equestrian Center must be removed.

 

April 2018 Master Site Plan Proposal is Yet Another Example of Lack of Accountability of OCFEC Directors & Executive Management

An ongoing lack of accountability exists at OCFEC which tars the Board, Executive Management. A recent example is the attempt to reduce the size of the Equestrian Center to store more shipping containers. While some have tried to portray these actions which involved expenditure of staff time and public money as a "misunderstanding", that is simply not the case. Decisions were made, plans were drafted, contractors were hired, money spent and staff time was used to perform these actions. Executive Management who were involved in these actions must be held publicly accountable.

Earlier in 2018, the Board was made aware of actions taken by the Board, Executive Management, and staff which have endangered safety, manipulated bids and financial records to achieve outcomes desired by staff, worked to evade legal settlements entered into by the Board which protect the neighborhoods around OCFEC, and have turned a blind eye to conflicts of interest, among other problems. It is not clear why the Board allows these problems to continue. No one has been held publicly accountable for these actions. 

The proposed demolition of the Equestrian Center in the April 2018 Master Site Plan proposal is yet another example of the lack of accountability. It is time for the Board to cease and desist aiding and abetting actions by Executive Management which are against the interests of the Public. New Executive Management is needed along with new Master Site Plan proposals.  The time is now for the Board to fix these problems. 

 

Rip Up the Master Site Proposals & Start Over

Over $250,000 of Public money has been wasted by the Board and Executive Management on Master Site Plan proposals which ignore the needs and desires of the Public who own the OCFEC property, are incompatible with the neighborhoods, and create safety problems.  There is money in the budget which can be used as seed money for a redo of the Master Site Plan. The $115,449 from the "PR/Manager Function" at line item 5475 in the 2018 Budget (posted above)  is the Public money used to pay for the Directors and their families and Executive Management to have catered premium buffets with grilled salmon with Florentine cream sauce; beef tenderloin sandwiches on brioche buns; bacon wrapped medallions of beef; sauteed citrus garlic buttered shrimp; swordfish; top sirloin steaks with crispy shallots; pepper crusted roasted tri tip; Portobello filet mignon with Danish bleu cheese sauce; carved rosemary and garlic stuffed prime rib; Tuscan T-bone steaks; pan roasted halibut; and tomahawk rib eye steaks among the fancy salads and desserts.  That $115,449 will make a downpayment on a new Master Site Plan. 

 

Contact Information to Follow Up on Issues

Contact the Fair Board Added May 3, 2018

Chair Barbara Bagneris [email protected]
Vice Chair Robert Ruiz [email protected]
Ashleigh Aitken [email protected]
Nick Berardino [email protected]
Sandra Cervantes [email protected]
Doug La Belle [email protected]
Gerardo Mouet [email protected]
Newton Pham [email protected]
Stan Tkaczyk [email protected]

Fair Board Directors are appointed by the Governor and may be removed for cause by the Governor at any time.  (Cal. Food & Agriculture Code § 3959-3960.) Contact the Governor's Appointments Secretary Mona Pasquil Rogers at [email protected] to discuss OCFEC Director performance  issues. 

Contact CEO Kathy Kramer [email protected]

Contact VP of Operations Ken Karns who is charge of the Master Site Plan [email protected]

Contact the Costa Mesa City Council to share your concerns regarding safety and traffic issues resulting from replacing the Equestrian Center with a large parking lot and/or RV park. 

Mayor Sandra Genis [email protected]

Mayor Pro Tem Allan Mansoor [email protected]

 

 

 


Parking Structure Shot Down in 2015 Arises Anew in Latest Fairgrounds Master Site Plan Proposal

WTF Nautical Flags (3)

The latest OC Fairgrounds (Orange County Fair and Event Center or OCFEC) Master Site Plan proposal (see page 38 and on “Phase VII - Other Projects” page 45) shows a parking structure and pedestrian bridge at the corner of Fairview Road and Arlington Drive and states that Orange Coast College (OCC) would be partnering on the project.  Representatives of OCC were contacted and multiple officials stated that they had no knowledge of the inclusion of the proposed parking structure in the Master Site Plan and OCC had not requested that the parking structure be included in the OCFEC Master Site Plan. OCFEC  Executive Management made the following statements regarding the proposed parking structure without consulting let alone obtaining an agreement from OCC: 

  • Partner with OCC 
  • Screened to lessen impact on neighbors
  • With elevators
  • Build West Tower at OCC
  • Build bridge over Fairview Dr to OCC
  • Parking garage assumed 3 stories @ +210 stalls per floor 
  • Footprint of parking garage removes -323 stalls of surface parking

CEO Kathy Kramer should recall that in 2015 a proposed parking structure on the same site was met with strong opposition by the College Park neighbors who would bear the brunt of the impacts from the project.  Current Board Directors Ashleigh Aitken, Barbara Bagneris, Nick Berardino, Doug La Belle, Gerardo Mouet, Robert Ruiz, and Stan Tkaczyk should also recall vocal neighborhood opposition to the project and suggestions that other solutions found such as building a parking garage (if one is needed) in the corner of Newport Blvd and Fair Dr below the billboards.  The parking structure proposed now in 2018 is the same unwanted parking structure proposed in 2015. If CEO Kathy Kramer and Directors Ashleigh Aitken, Barbara Bagneris, Nick Berardino, Sandra Cervantes, Doug La Belle, Gerardo Mouet, Robert Ruiz, and Stan Tkaczyk don't recall that the parking structure was unwanted in 2015 and aren't smart enough to figure out that the same parking structure is unwanted in 2018, none of them should be in charge of a public agency, allowed  to drive a car, or have sharp objects in their possession because there is something wrong with them. They may also eat paste, so lock that up.

If a Parking Structure is Needed, Put It Under the Billboards on Newport Blvd Side

If a parking structure is needed (and it is not sure if a parking structure is actually needed) the structure should be built at the corner of Newport Blvd and Fair Dr under the billboards. Building a parking structure at this location can be part of the relocation of the Main Entrance from Fair Dr to Newport Blvd. The new Main Entrance can be designed to speed up parking and move stacking of cars waiting to park from the public streets and onto OCFEC property.  This plan was previously proposed to the OCFEC and should be reconsidered:

Alt 2 Community Master Plan Executive May 17 (1) Alt 3 Community Master Plan Executive May 17 (1)

Alt 4 Community Master Plan Executive May 17 (1)

Alt 5 Community Master Plan Executive May 17 (1)

 CEO Kathy Kramer needs your help to be reminded that the parking garage at the corner of Fairview Rd and Arlington Dr is not wanted. [email protected]

VP of Operations Ken Karns who is in charge of the Master Site Plan  & the Fair Board Directors need to also hear from you on this matter.

Ken Karns [email protected]

Email Summer Angus and ask her to forward the email to the Directors [email protected]


Unauthorized Fairgrounds Equestrian Center Size Reduction Requires Public Accountability of All Involved

Porta Pottie Question (2)

During late March, equestrians found construction workers installing permanent fence poles in concrete bases to reduce the size of the Equestrian Center. At no time was a reduction in size of the Equestrian Center approved by the Board of the OC Fairgrounds (aka Orange County Fair and Event Center or OCFEC.)  The reduction was to allow storage of more shipping containers on the property. Work was halted after the equestrians pushed back but public accountability of all involved is required. This work was planned, contracted for, paid for, and overseen by Executive Management and staff. This was not a "misunderstanding", an "accident", or anything but a deliberate planned action which wasted public money.  

Ask yourself:

  • What motivates these actions?
  • Who benefits from these actions?
  • What are the benefits received from these actions?
  • What do Board members gain by not holding Executive Management and staff involved in these actions publicly accountable?

 

Photos of the construction work: 

IMG_1176
IMG_1176
IMG_1176

The letter sent to the Board (Ashleigh Aitken, Barbara Bagneris, Nick Berardino, Sandra Cervantes, Doug La Belle, Gerardo Mouet, Newton Pham, Robert Ruiz, Stan Tkaczyk) follows: 

Staff of the 32nd District Agricultural Association (32nd DAA) are engaging in the revision of contractual lease terms involving the Equestrian Center without apparently asking for, or receiving, approval of the 32nd DAA Board or input from the Public who own the Equestrian Center. There are currently activities ongoing at the 32nd DAA to reduce the size of the Equestrian Center. It is unclear as to when, how or by whom the proposed reduction in size of the Equestrian Center was approved and the source(s) of funds for said activities. The Public who own the Equestrian Center became aware of the reduction in size of after permanent fence poles in concrete bases were installed to move the fence line from between the current boundary of the Equestrian Center to immediately behind the arenas. Work was stopped after Public intervention. At no time was the Public informed of plans to reduce the size of the Equestrian Center.

Any and all members of Executive Management who participated in the decision and actions to reduce the size of the Equestrian Center must be held publicly accountable for their actions. This current action by Executive Management against the greater interests of the Public who own the 32nd DAA property is one of a history of actions by Executive Management against the interests of the Public. For an overview of actions against the greater interests of the Public, please refer to the letter “Ongoing Pattern of Behavior by the 32nd District Agricultural Association” dated February 15, 2018, previously sent to the Board which discusses questionable actions harming the Public which started in at least 2015 and some of which may be ongoing. There is a saying that the “fish rots from the head," which applies to this action regarding the Equestrian Center. The stench of rot is overwhelming and it is time for the Board to clear out the stinking mess.

 

Footprint of the Equestrian Center is Contained in a Contract

The size and footprint of the Equestrian Center is covered by the “Equestrian Center Restated Rental Agreement Terms and Conditions” between the 32nd DAA and Equestrian Services II entered into on March 1, 2009, and modified in a Letter of Understanding dated December 26, 2012, (afterwards referred to as “Equestrian Center Lease”) (enclosed) in Exhibits B and B-2.


Exhibit B2 from Lease

Exhibit B2 from Lease

Construction Work was Conducted to Alter the Footprint of the Equestrian Center in Violation of the Terms of the Existing Contract
The proposed reduction in size of the Equestrian Center would remove the area between the riding arenas and the fence between the Equestrian Center and Parking Lot G from the area used for the Equestrian Center and use the area for storage of shipping containers. Work was stopped after permanent fence posts in concrete bases were installed prior to moving the fence line, turf removal and installation of concrete. Photos showing the work completed as of March 28, 2018, are enclosed as Exhibits A1, A2, and A3. There are reports of continuing discussions to reduce the size of the Equestrian Center to allow for increased storage space for shipping containers.

 

Altering the Footprint of the Equestrian Center Requires Board Action

Changes to the footprint of the Equestrian Center as described in the Equestrian Center Lease must be approved by the 32nd DAA Board with a contract modification. Executive Management and principals of Equestrian Services II lack authority to enact changes to the footprint of the Equestrian Center. Costs associated with capital improvements such as the work started and stopped at the Equestrian Center are approved during the 32ndDAA Board annual budget process. It is not clear if the costs associated with reducing the size of the Equestrian Center to construct a shipping container storage area were approved as part of the 2018 capital expenditures budget. These actions are contrary to the current direction of the Board regarding the Equestrian Center to make capital improvements and to increase community programming.

 

Action is Needed to Restore Trust

Trust in continuing operation of the Equestrian Center has been placed in jeopardy by these rogue actions by Executive Management. As a good faith gesture to show the Board’s continuing commitment to the Equestrian Center, the Board is requested to modify the Equestrian Center Lease to remove §18 “Impact of Annual Fair Operations and Year Round Events Program” from the current Equestrian Center Lease.

The Board is requested to investigate this matter and to hold those involved publicly accountable for their actions. A list of questions regarding the reduction of size of the Equestrian Center and shipping container storage and usage is enclosed and that information is requested to be promptly provided in an effort to restore Public trust in the 32nd DAA. (see Exhibit B)

 

Exhibit B: Please provide the requested information regarding the proposed reduction in size of the Equestrian Center to create a shipping container storage area.

  1. Please provide copies of the approvals for the proposed reduction in size of the Equestrian Center to create shipping container storage space.
  2. Please provide a copy of the budget for the proposed reduction in size of the Equestrian Center to create shipping container storage space.
  3. Please provide copies of the approvals for the budget for the proposed reduction in size of the Equestrian Center to create shipping container storage space.
  4. Please provide copies of any and all drawings and plans for the proposed reduction in size of the Equestrian Center to create shipping container storage space.
  5. Please provide copies of any and all approvals for the drawings and plans for the proposed reduction in size of the Equestrian Center to create shipping container storage space.
  6. Please provide fully executed copies of any and all contracts including any and all attachments, riders, and amendments for the proposed reduction in size of the Equestrian Center to create shipping container storage space.
  7. Please provide copies of any and all bids for the contracts including any and all attachments, riders, and amendments for the proposed reduction in size of the Equestrian Center to create shipping container storage space.
  8. Please provide copies of any and all approvals for the proposed reduction in size of the Equestrian Center to create shipping container storage space.
  9. Please provide the number of shipping containers currently stored between the Equestrian Center and Parking Lot G.
  10. Please provide current information regarding the usage and ownership of each and every shipping container currently stored between the Equestrian Center and Parking Lot G.
  11. Please provide information regarding the revenues received from the shipping containers currently stored between the Equestrian Center and Parking Lot G.
  12. Please explain the need for additional storage space for shipping containers including usage, ownership, and revenues.
  13. Please explain why the Equestrian Center is the designated space for additional shipping container storage space. 
  14. Please show alternate locations for storage of additional shipping containers.
  15. Please provide copies of the direction given to remove the fence posts installed as part of the proposed reduction in size of the Equestrian Center to create shipping container storage space.
  16. Please provide documents showing the costs of removal of the fence posts installed as part of the proposed reduction in size of the Equestrian Center to create shipping container storage space.
  17. Please provide proof that the fence posts installed as part of the proposed reduction in size of the Equestrian Center to create shipping container storage space have been removed.

Why Doesn't the Fair Board Clean Up Messes Made by Executive Management & Staff?

Toilet Paper (2)

The letter posted below was sent to the OC Fairgrounds (aka Orange County Fair and Event Center or OCFEC) in February 2018 after Executive Management and the Board worked together to conceal information regarding a bid protest in which allegation were made regarding misconduct.  Concealment of the bid protest documents and other troubling questionable actions since 2015 raise questions such as:

  • What motivates these actions?
  • Who benefits from these actions?
  • What are the benefits received from these actions?
  • What do Board members gain by not fixing problems brought to their attention?

Here's the letter:

I am in receipt of the letter dated February 1, 2018, from the 32nd District Agricultural Association (32nd DAA) responding to my request of January 22, 2018, made under the California Public Records Act (Cal. Gov. Code §6250, et seq.). Yet again, the 32nd DAA has refused to produce documents in a timely manner which are known to be in their possession.

This refusal, which I have specifically addressed in a separate letter, is part of a series of dubious and suspect actions by the 32nd DAA, including efforts to hide its questionable activities, a pattern which started in, at least, 2015. These problematic actions or efforts to hide those actions have included:

Embarking on a complicated scheme to manipulate the bidding, contracting and financial systems by, without rational basis, revising the long-standing way in whichthe contract for Independent Sound Monitoring was structured and thus creating artificially high rates for those services, which are required to comply with multiple legal settlements and City of Costa Mesa noise limits:

During 2016, Executive Management worked with a consultant to alter the costs, terms and budget of the Independent Sound Monitoring services. This had the effect of artificially inflating rates by over 100% above what had been charged in the past for these same services. The artificially inflated rates garnered complaints from event promoters billed for the services about the sudden rate increase. Executive Management who had originated the contract changes that caused the rate increase used the rate increase to effectively terminate the long-standing and successful procedures and relationship with the existing Independent Sound Monitor. Executive Management then appointed an unqualified Sound Monitor, who was under direct control of Executive Management, to supersede the Independent Sound Monitor. The new unqualified Sound Monitor allowed promoters to conduct events unchecked, which was the apparent ultimate goal of Executive Management. This resulted in violation of multiple legal settlements and City noise standards by Fairgrounds events.

Eliminating, in 2016, the authority of the Independent Sound Monitor to require and enforce changes needed to bring sound systems into compliance with multiple legal settlements and City noise limits. This despite the fact that the professional sound monitor is required in legal settlements to which the Fairgrounds is a signator.

 

Engaging in a scheme to subsidize event promoter costs by billing event promoters less than the full amount of services provided and writing off the outstanding balance to a secret account approved by Executive Management from 2016 onward.Scheduling of events known to be dangerous and the subsequent hiding the financial impacts of those dangerous events:

In spring of 2016, Executive Management scheduled a rally for the Donald Trump campaign despite the fact that such events had led to problems at previous locations and the campaign was already notorious for not paying its bills and costs it incurred. Executive Management concealed their actions for several weeks and sprung the event on the Board and Public less than two days prior the event. Executive Management signed the contract without requiring adequate security and law enforcement staff to be paid for by the event promoter. The event ended in a riot which required hundreds of law enforcement staff to contain the riot.

A Board member and Executive Management have engaged in backroom dealing to have the taxpayers of Orange County pay a law enforcement bill from 2016, which exceeded $125,000, which resulted from an event that foreseeably ended in a riot that endangered the homes and businesses surrounding the 32nd DAA property. Executive Management and the Board stalled, obfuscated, and flatly refused to answer questions regarding payment of the bill from the fall of 2016 until the spring of 2017.

 

Engaging in dangerous and hazardous building practices and a multi-year coverup of structural deficiencies which put members of the public at risk:

Executive Management, with the support of Board members, evaded building construction standards including plan check, structural analysis and building inspection by a licensed building inspector during the construction of the nearly 50 ton Workers Memorial by designating the project as an art project rather than a construction project. An unlicensed contractor was permitted to erect the structure using methods which created structural deficiencies which rendered the structure unsafe to be around before the project was completed.

Structural deficiencies in the nearly 50 ton Workers Memorial were concealed for over a year after the structural deficiencies were discovered prior to the opening of the 2015 OC Fair. Executive Management delayed installation of fencing adequate to protect the Public from the collapsing structure until early 2016. Guests at the 2015 OC Fair were put at risk due to the placement of seating next to the structurally unsound memorial without being notified of, or protected from, the hazards. During early 2017, after the state of the memorial finally became known to the public, the collapsing structure was, finally, demolished and rebuilt by a licensed contractor.

 

Turning a blind eye to, or enabling, apparent conflicts of interest involving Board members:

A Board member management was granted oversight and responsibility for direction of a project which could benefit his employer and allowed by the Board to steer the project in a manner which is likely to benefit his employer.

The Board has allowed two Board members who are officers of a private non-profit corporation to solicit and receive donations from vendors and contractors of the 32nd DAA and to use facilities provided by the 32nd DAA vendor for the benefit of the private corporations other donors and members.

 

Compensating, through back-door methods, Board members who are supposed to be serving on the Board without compensation:

State resources have been utilized to fund private catered parties for Board members, their families, friends, nannies, and business associates. Over $60,000 is spent in a 23 day period on gourmet catered meals for private dinners held during the OC Fair. The private catered dinners feature a private bathroom costing over $14,000 for the run of the OC Fair and lavish décor paid for using public money. Countless hours of unaccounted staff time go into the planning and execution of the events. Board members receive free tickets to the best seats in the Pacific Amphitheatre, Action Sports Arena, and The Hangar, including receiving tickets to simultaneous events and more than one event on a given day. Board members have a Board Concierge who is paid staff member assigned to manage the tickets and dinners of Board members.

 

Engaging in and supporting suspect hiring paid for with state funds:

When the position of Vice President of Operations was filled, Executive Management may have made material misrepresentations to the U.S. Customs and Immigration Service regarding the nature and duration of the employment of the position. In 2016, senior management of the Fairgrounds may have made misrepresentations to USCIS regarding the nature and duration of the work for which Mr. Ken Karns was hired including possibly asserting at certain points that he was hired as a temporary management consultant. Additionally, legal costs to obtain two separate USCIS clearances for this individual were paid for by the 32ndDAA. The Board has been made aware of these actions and has refused to act.

 

Attempting to increase revenues by evading legal agreements with the apparent support and encouragement of Board members:

Legally binding environmental mitigation measures and a 2012 legal settlement were ignored in order to increase revenues from the 2017 OC Fair by planned increases in seating capacity at the Pacific Amphitheatre. When confronted with documentary evidence of these actions during a Board meeting, Board members and Executive management denied the actions, accused members of the public who raised the issue of fabrication, and encouraged staff in the room to join the denialand disparagement which was taking place. After pressing the matter, an agreement was reached which resulted in compliance with the terms of the mitigation measures and legal settlement. Attempts to obtain information regarding the decision made to undertake this course of action were obstructed and continue to be obstructed, including blatant and obvious evasion and delay in response to reasonable public records requests.

This pattern and practice of bad behavior is costly and detrimental to the financial health and reputation of the 32nd DAA, but is reflective of a culture in which secrecy, confidentiality and a resistance to full disclosure to the public is reflexive and endemic. This latest attempt to hide the details of the bid protest of the proposed contract award to Ticketmaster are not going to work because facts of what happened and how it happened will be revealed. Concealing problems and attempting to contort the facts does not work and makes the problem worse.

I implore the Board to embrace openness and transparency, even if this means that changes in 32nd DAA leadership may be needed. If the fact that you've been appointed as stewards of the public in overseeing the 32nd DAA is insufficient motive to do this, then the long term financial and reputational risks to the 32nd DAA from this behavior should be more than enough incentive.

 

 

 


OC Fair Board Directors to Start Using Official Email Addresses on April 1, 2018

  GoodJob (1)

OC Fair Board Directors will have new email addresses for the public who own the OC Fairgrounds (Orange County Fair and Event Center) to contact the Directors. This is a move in the right direction to allow Directors appointed by the Governor to hear from their constituents, who are all of Orange County. 

The new email addresses will be posted on this website and prior posts will be updated with the contact information.

Your OC Fair Board Directors are Ashleigh Aitken, Barbara Bagneris, Nick Berardino, Sandra Cervantes, Doug La Belle, Gerardo Mouet, Newton Pham, Robert Ruiz, and Stan Tkaczyk.

 

 


Public Has a Right to Know About What is Going On - Even at the OC Fairgrounds

Mansplain

Current OC Fairgrounds Directors and Executive Management pay lip service to claims of openness, transparency, and supporting the rights of the public, who own the OC Fairgrounds, to ask questions about what is going on. Obstructions to obtaining information including selective disclosure of information  have been used along with bullying and intimidation tactics by the Directors on members of the public. At times, members of the public who have connections to Directors have been asked to join in the bullying and intimidation tactics.

Directors claim that the public should "informally" ask CEO Kathy Kramer for information before submitting a public records request.  There is no requirement under the law that an "informal" request be made for information before a request is made under the California Public Records Act. Informal requests for information with CEO Kathy Kramer have not produced information and are met with stonewalling. Directors and Executive Management of the OC Fairgrounds act as if they are above the law.

A letter was sent to the Directors regarding the rights of the public to ask for and receive information about how business is conducted by the state employees and state officers managing the publicly owned OC Fairgrounds.  This is the letter: 

I am following up on the conversation which started during the February 22, 2018, 32nd District Agricultural Association (32nd DAA) Board meeting during which a discussion of the rights of the public to ask for and to receive information regarding the conduct of the people’s business at the 32nd DAA was conducted. The California Constitution (Cal. Cons. Art. I, § 2-3) clearly grants the people rights to freely address a government body, petition the government for redress of grievances and to have access to information concerning how the government conducts the business of the people including access to the writings of public agencies and officials.

During the meeting, you publicly chastised me for exercising my Constitutional rights through public records requests and then suggested that I ask CEO Kathy Kramer informally for the documents. I followed up on your suggestion and CEO Kramer, who works for a state agency for which you have been appointed a Director by the Governor, ignored your suggestion and, of her own accord, converted my informal request into formal public records requests. CEO Kramer then chose to delay fulfillment of those requests by several months. 

I have spoken with CEO Kramer on many circumstances, and although I’m sure that, as a Director of the agency for which she is employed, she often appears receptive and interested in your point of view, she has often not been receptive or interested in my point of view or in assisting me in the past. And, if you would like the testimony of the degree to which she is receptive or interested in the viewpoints of others who do not already share her view point or are not Directors of the agency for which she is employed, I can arrange for them to contact you. I would also point out that, in this case, she was neither receptive nor apparently interested in your point of view that these requests be handled informally and promptly. I am not certain, what benefit, if any, can come from continuing a dialogue with you on this subject, given that CEO Kramer is not going to follow your suggestions and you are apparently unwilling to exercise authority over the multi-million dollar state agency which you were appointed to oversee by the Governor.

You have stated repeatedly that you believe that the public has a right to know what is going on at the 32nd DAA, but you have been among the most vocal critics of those who have chosen to exercise this Constitutional right. It is difficult to reconcile your statements with your actions. If the basis of your concern is cost, then that can be readily addressed, while furthering public access.

As was suggested at a 32nd DAA Board Meeting some months ago, a simple change in policy and a Dropbox account costing $150 per year would eliminate most need for public records request. A simple directive to employees that whenever a document or email is created by a 32nd DAA employee, a determination is made whether it fits into one of the very few, very limited exceptions to the California Public Records Act (Cal. Gov. Code § 6250, et seq.), and if it does not fit into one of those few narrow exception, it is automatically made available to the public via the Dropbox account. Adoption of this approach would make the 32nd DAA and the Board leaders and heroes in the cause of public oversight, openness, and transparent government.

 

Contact CEO Kathy Kramer at [email protected]

Contact VP of Business Development Michele Richards who oversees public records requests [email protected]

Contact Fair Board Directors Added May 3, 2018

Chair Barbara Bagneris [email protected]
Vice Chair Robert Ruiz [email protected]
Ashleigh Aitken [email protected]
Nick Berardino [email protected]
Sandra Cervantes [email protected]
Doug La Belle [email protected]
Gerardo Mouet [email protected]
Newton Pham [email protected]
Stan Tkaczyk [email protected]

Public Records Requests [email protected] 


Gun Show at OC Fairgrounds Shows Room for Improvements in Transparency & Accountability

Check It Out (1)

Students are walking out of school on March 14, 2018, to protest the deaths of students and others from gun violence. While Los Angeles County bans gun shows, Orange County allows gun shows. The Crossroads of the West gun show takes place at the Orange County Fair and Event Center (OCFEC), also known as the OC Fairgrounds, several times a year and is a steady source of over $300,000 in annual facility use revenue in addition to parking and concessions revenues.  About a year ago, OCFEC closed for the weekend because the Make America Great Again rally announced that they would hold their unpermitted rally near Fair Drive and Fairview Road on the same weekend as the Crossroads of the West gun show, which caused the cancellation of the gun show for that weekend. The irony is the gun show caused their own cancellation because they agreed to host the Make America Great Again rally without permission to do so.  The gun show was allowed to reschedule the date of the show which was cancelled due to their own actions. 

A recent trip to the gun show raises questions about the conduct of the show including:

  • Photography and video recording are prohibited.
  • A list of of sellers is not available.
  • A "pentagon AR-15 coupler" which attaches five ten-round magazines to an AR-15 was for sale. This apparently legal workaround allows up to fifty rounds to be fired in quick succession. The video linked to is for illustrative purposes only.
  • Several gun show sellers specialize in AR-15 weaponry and accessories.
  • It is not clear if a person is able to obtain the parts needed to assembly an AR-15 from the sellers at the gun show. 
  • Booths do not have signs with the name of the business at each and every booth and not all booths had marketing materials or business cards with the business name and contact information.
  • A number of sellers do not match to a list of Costa Mesa business licenses although a Costa Mesa business license is required to conduct business at OCFEC.  See Costa Mesa Municipal Code Title 9, Chapter I to learn more about business license requirements. A Costa Mesa business license allows sales tax generated at OCFEC to be paid to the City of Costa Mesa, Orange County, and Orange County Transportation Authority (OCTA), among other agencies. OCTA uses the M1 and M2 OC Go sales tax increments to fund transportation improvements.  
  • Pawn shops which are called "second hand dealers" in statute are among the sellers.  Pawn shops/ second hand dealers need permission from the Costa Mesa Police Department to operate in Costa Mesa. See Costa Mesa Municipal Code Title 9, Chapter II, Article 12 to learn more about business license requirements for pawn shops/ second hand dealers. 
  • A man was observed pushing a hand truck with a box of ammunition for sale throughout the show for several hours. He was holding a handwritten cardboard sign asking people to purchase items from his box. There was less product in the box later in the day than at the beginning of the day.

 

Reform of gun laws is outside the jurisdiction of the OCFEC Board but the Board can require changes to be made in the way all public events are conducted on the property. Shows open to the public, with free or paid admission, should publish a list of all sellers and exhibitors at the event. The list should state the business name, mailing address, phone number, and email to allow sellers and exhibitors to be contacted outside of the show. Show promoters should be required to have the list available at the show and the information should be kept on file by the OCFEC staff to be provided to the public. One simple change to enhance transparency and accountability which is within the grasp of the OC Fair Board is a step in the right direction. 

Contact CEO Kathy Kramer [email protected]

Contact VP of Operations Ken Karns [email protected]

Contact VP of Business Development Michele Richards [email protected]

Contact the OCFEC Board Added May 3, 2018

Chair Barbara Bagneris [email protected]
Vice Chair Robert Ruiz [email protected]
Ashleigh Aitken [email protected]
Nick Berardino [email protected]
Sandra Cervantes [email protected]
Doug La Belle [email protected]
Gerardo Mouet [email protected]
Newton Pham [email protected]
Stan Tkaczyk [email protected]

Public Records Requests [email protected]

 

 

 


Master Site Plan: Is a $58,239 Contract Amendment Funding Studies of Cannibalization of Existing Facilities?

When Everything is for Sale (1) 

In October 2017, the contract with C. H. Johnson Consulting, Inc.  was amended by $58,239.00 which raised the contract total to $252,369.00. CEO Kathy Kramer, VP Ken Karns,  and the Directors (Ashleigh Aitken, Barbara Bagneris, Nick Berardino, Sandra Cervantes, Doug La Belle, Gerardo Mouet, Newton Pham, Robert Ruiz, Stan Tkaczyk) were asked what the additional money would be used for and refused to answer the questions.    This post discusses a section of the C. H. Johnson Consulting, Inc. RFP which is listed as an optional task and could be the work being performed but CEO Kathy Kramer, VP Ken Karns and the Directors refuse to let the public know what they are doing with public money.  Directors and Executive Management of the OC Fairgrounds choose to act as if they are above the law and do not have to answer for their expenditures of public money or use of public property. 

The Master Site Plan process is a revenue centered process, not a community, education, agriculture, or recreation centered process.  This is the section from the winning proposal for the Master Site Plan process which discusses financial plans and projections. It should be noted that multiple requests have been made for documents regarding this work and no documents have been produced. [A] This section is from pgs. 25-26 of the C. H. Johnson Consulting, Inc. proposal:

This Task commenced in Task 5 and will be finalized in this Task (Task 9). It will consider the initial work done by all parties and will result in finalized economic and fiscal impact analyses considering the developed business and masterplan. Our Impact approach is described below .

To the extent that state and local governments will be participating in the project, part of the return is measured in economic benefits of the project. For this project, it may be important to determine where impacts would occur, as this data can be used to advance the project through the public review and approvals process. It may also be helpful in obtaining final funding grants and ongoing operating support by communicating how the project can help drive demand to the area, how much employment will occur and how much tax revenue will be generated. As such, for this analysis, we will:

  • Use the most recent ExPact survey, an excellent survey prepared by Destination Management Association International (DMAI, formerly known as the International Association of Convention and Visitors Bureaus), to estimate direct spending by attendees, associations, exhibitors, and the facility itself, adjusted for local market price indices.

  • Identify from where attendance will likely originate.

  •  Indicate the volume of hotel room nights generated by the project.

  • Identify where spending will most likely be captured.

  • Use the IMPLAN model (an input-output model of the local economy) to estimate indirect and induced spending and employment impacts of the proposed facility for both the projected events and attendees in a stabilized year of operations, based upon the demand projections and the construction of the facility. 

  • Summarize local and state tax structures, including all relevant City, State, County, and other municipal taxes that may be appropriate.

  • Project the facility’s impact on City revenue collections, which include retail sales, lodging, restaurants, and any other areas impacted by the project, and determine whether there will be any cannibalization of existing facilities. 

  • Analyze the impact of the one-time construction activity.

[A] The documents regarding the work performed may have been disposed of or in the custody or control of another unnamed state or local agency or may not be able to be located according to CEO Kathy Kramer. 

Contact CEO Kathy Kramer at [email protected]

Contact VP of Operations Ken Karns who is in charge of the Master Site Plan at [email protected]

Contact Fair Board Directors Ashleigh Aitken, Barbara Bagneris, Nick Berardino, Sandra Cervantes, Doug La Belle, Gerardo Mouet, Newton Pham, Robert Ruiz, Stan Tkaczyk by emailing Summer Angus [email protected]

C. H. Johnson Consulting, Inc. from Chicago, IL  is the contractor for the Master Site Plan process. A copy of the entire proposal is available on the "OC Fairgrounds Documents" page listed on the right side of this page. We have no idea why the OC Fairgrounds hired a company from Chicago and could not find a planning firm in the Los Angeles-Orange County area or even in California.   

This is one in a series of posts looking at individual Master Site Plan tasks to gain a greater understanding of how the OC Fair Board Directors (Ashleigh Aitken, Barbara Bagneris, Nick Berardino, Sandra Cervantes, Doug La Belle, Gerardo Mouet, Newton Pham, Robert Ruiz, Stan Tkaczyk) and Executive Management want to push the OC Fairgrounds away from being the fairground we currently enjoy. 


March 22, 2018 Fair Board Meeting Agenda (Thursday at 9 AM by Choice)

Fair Board Meeting (2)

The complete agenda is available here 

https://ocfair.com/public-information/public-meetings/

More information including copies of contracts listed in the agenda will be available on the  Monday before the Thursday 9 AM Board of Directors meeting.  There is no significant update on the Master Site Plan process even though work is continuing in the back rooms without the public being asked to participate. 

Issues to watch are:

Contract amendment for Spectra, the onsite caterer which holds the alcohol license and operates the Orange County Market Place.  Update on the struggling Orange County Market Place. (Agenda Item 9B) A copy of the current contract with Spectra and for the OC Market Place are available on the Fairgrounds Documents Page. 

Centennial Farm Foundation Memorandum of Understanding (MOU) Issues: Centennial Farm Foundation is legally separate from Centennial Farm and does not own, operate, or provide a significant source of funding for Centennial Farm. Centennial Farm Foundation has been asked to sign an MOU formalizing the relationship with the OC Fairgrounds (Orange County Fair and Event Center) and has not signed the MOU after a long wait. The Board may take action regarding the MOU at this meeting which is not expected to make a significant change in operation of Centennial Farm. 

California Assembly Bill 2396 Discussion: This is a bad bill which allows conflicts of interest and removes competitive bidding rules, among other changes. Kill the bill!

Committee/Task Force/ Liaison Reports will be given on these areas (Agenda Item 9A):

Pacific Amphitheatre Operation Evaluation & Review Task Force (Director Berardino, Director Tkaczyk): This task force hired the former manager of the Pacific Amphitheatre under Nederlander when the noise problems occurred to assist the task force in reviewing Pacific Amphitheatre operations and making recommendations for changes. A no-bid contract was used for the hiring.

Centennial Farm Foundation Board (Director Cervantes)

Heroes Hall Veterans Foundation Board (Director Berardino, Director LaBelle): Note that Heroes Hall Veterans Foundation does not own, operate or provide a significant source of funding for the Heroes Hall Museum. 

 Financial Monitoring Committee (Director Pham, Director Mouet)

 Legislative Monitoring Task Force (Director Berardino, Director Aitken)

 Master Site Plan Task Force (Director La Belle, Vice Chair Ruiz)

 Tenant Liaison Committee (Director Tkaczyk, Director Berardino)

 Equestrian Center Task Force (Director Aitken, Director Tkaczyk)

 

Questions or Comments can directed to:

CEO Kathy Kramer [email protected]

OC Fair Board Directors Added May 3, 2018

Chair Barbara Bagneris [email protected]
Vice Chair Robert Ruiz [email protected]
Ashleigh Aitken [email protected]
Nick Berardino [email protected]
Sandra Cervantes [email protected]
Doug La Belle [email protected]
Gerardo Mouet [email protected]
Newton Pham [email protected]
Stan Tkaczyk [email protected]

Public records requests can be submitted to [email protected]

 


OC Fairgrounds Schedules Meeting to Roll Out Master Site Plan While Denying the Public Their Rights Under CEQA

What They Arent Telling You (1)

On April 23, 2018, at a meeting starting at 9 AM on a Thursday morning, the OC Fair Board will present their concepts to change the OC Fairgrounds into a convention center. The effort is led by CEO Kathy Kramer who worked on the $600 million remodel of the Phoenix Convention Center which placed the property in the top 25 convention centers in North America and caused dramatic changes in the neighborhood with the addition of hotels and restaurants. CEO Kathy Kramer is assisted by VP of Operations Ken Karns who worked to transform Western Fair in London, Ontario, Canada, into the 364 days a year, 24 hour a day Western Fair District. Neither CEO Kramer or VP Karns worked in the public sector in California prior to being hired by the current OC Fair Board Directors (Ashleigh Aitken, Barbara Bagneris, Nick Berardino, Sandra Cervantes, Doug La Belle, Gerardo Mouet, Robert Ruiz, Stan Tkaczyk)

State law known as the California Environmental Quality Act or CEQA requires processes and procedures to be followed when development projects are proposed to mitigate potential environmental impacts and to protect the rights of the public.  Agencies such as the OC Fairgrounds (known to the State as the 32nd District Agricultural Association or 32nd DAA) are required to have procedures in place for making decisions under CEQA (see Section 15022. Public Agency Implementing Procedures in Title 14 Natural Resources): 

(a) Each public agency shall adopt objectives, criteria, and specific procedures consistent with CEQA and these Guidelines for administering its responsibilities under CEQA, including the orderly evaluation of projects and preparation of environmental documents. The implementing procedures should contain at least provisions for:
(1) Identifying the activities that are exempt from CEQA. These procedures should contain:
(A) Provisions for evaluating a proposed activity to determine if there is no possibility that the activity may have a significant effect on the environment.
(B) A list of projects or permits over which the public agency has only ministerial authority.
(C) A list of specific activities which the public agency has found to be within the categorical exemptions established by these guidelines.
(2) Conducting initial studies.
(3) Preparing negative declarations.
(4) Preparing draft and final EIRs.
(5) Consulting with and obtaining comments from other public agencies and members of the public with regard to the environmental effects of projects.
(6) Assuring adequate opportunity and time for public review and comment on the Draft EIR or Negative Declaration.
(7) Evaluating and responding to comments received on environmental documents.
(8) Assigning responsibility for determining the adequacy of an EIR or negative declaration.
(9) Reviewing and considering environmental documents by the person or decision making body who will approve or disapprove a project.
(10) Filing documents required or authorized by CEQA and these Guidelines.
(11) Providing adequate comments on environmental documents which are submitted to the public agency for review.
(12) Assigning responsibility for specific functions to particular units of the public agency.
(13) Providing time periods for performing functions under CEQA.
 
In August 2017 (over 180 days ago), a request was made to the OC Fairgrounds for copies of these procedures and no procedures were produced.  Several more attempts to receive copies of the procedures have been made and have been ignored by the OC Fairgrounds. CEO Kathy Kramer and VP Ken Karns, with the apparent support of the OC Fair Board Directors (Ashleigh Aitken, Barbara Bagneris, Nick Berardino, Sandra Cervantes, Doug La Belle, Gerardo Mouet, Newton Pham, Robert Ruiz, Stan Tkaczyk) have refused to produce copies of these procedures which are required under California law.  The OC Fair Board Directors and Executive Management act as if they are above the law. The public has rights which the OC Fair Board and Executive Management are trampling on those rights.
 
Ask the OC Fairgrounds for Copies of CEQA Procedures Required Under Statute
  1. Contact CEO Kathy Kramer at [email protected] 
  2. Contact VP of Operations Ken Karns who is in charge of the Master Site Plan.  [email protected]
  3. Fair Board Directors choose to not have email addresses to be used by the public to contact them and have Summer Angus [email protected] forward messages from the public to them. 
  4. You can follow up on your messages by doing a public records request at [email protected]

 

Look Up the CEQA Statutes

CEQA is a statute (Public Resources Code Section 21000 et seq.) enacted by the California Code of Regulation (Title 14 Natural Resources, Chapter 6 Resources Agency, Chapter 3 Guidelines for Implementation of the California Environmental Quality Act).