April 8, 2015

VENTURA PORT DISTRICT

BOARD OF PORT COMMISSIONERS

Jim Friedman, Chairman

Everard Ashworth, Vice Chairman

Bruce E. Smith, Secretary

Robert J. Bravo, Commissioner

Gregory Carson, Commissioner

 

Oscar Peña, General Manager

Timothy Gosney, Legal Counsel

Jessica Rauch, Clerk of the Board

PORT COMMISSION AGENDA

REGULAR MEETING

APRIL 8, 2015 AT 12:00 P.M.

1603 ANCHORS WAY DRIVE, VENTURA, CA

A Closed Session of the Board will be held at approximately 11:00A.M. in the Port District Office located at 1603 Anchors Way Drive, Ventura, California to discuss items on the Attachment to Agenda-Closed Session Conference with Legal Counsel and then reconvene thereafter to the Regular Meeting.

The Board will convene in Open Session at the Port District Office located at 1603 Anchors Way Drive for its Regular Meeting at 12:00P.M.

ADMINISTRATIVE AGENDA

CALL TO ORDER: By Vice Chair, Ev Ashworth.

PLEDGE OF ALLEGIANCE: By Vice Chair, Ev Ashworth.

ROLL CALL: By the Clerk of the Board.

ADOPTION OF AGENDA (3 minutes)

Consider and approve, by majority vote, minor revisions to agenda items and/or attachments and any item added to, or removed/continued from the Port Commission’s agenda. Administrative Reports relating to this agenda and materials related to an item on this agenda submitted after distribution of the agenda packet are available for public review at the Port District’s office located at 1603 Anchors Way Drive, Ventura, CA during business hours as well as on the District’s website – www.venturaharbor.com (Public Notices). Each item on the agenda shall be deemed to include action by an appropriate motion, resolution or ordinance to take action on any item.

APPROVAL OF MINUTES

The Minutes of March 25, 2015 will be considered for approval.

PUBLIC COMMUNICATIONS (3 minutes)

The Public Communications period is set aside to allow public testimony on items not on today’s agenda. Each person may address the Commission for up to three minutes or at the discretion of the Chair.

BOARD COMMUNICATIONS (5 minutes)

Port Commissioner’s may present brief reports on port issues, such as seminars, meetings and literature that would be of interest to the public and/or Commission, as a whole.

STAFF COMMUNICATIONS (5 minutes)

Ventura Port District Staff will update the Commission on important topics.

CLOSED SESSION REPORT (3 minutes)

Closed Sessions are not open to the public pursuant to the Brown Act. Any reportable actions taken by the Commission during Closed Session will be announced at this time.

CONSENT AGENDA: (5 minutes)

Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon by the Board at one time, without discussion, unless a member of the Board or the public requests an opportunity to address any given item. Approval by the Board of Consent Items means that the recommendation is approved along with the terms set forth in the applicable staff reports.

1) Approval of Out of Town Travel Requests

Recommended Action: Motion

That the Board of Port Commissioners approve by motion the Out of Town Travel Request for Marketing Manager, Jennifer Talt-Lundin.

2) Approval of Barefoot Boutique New Lease

Recommended Action: Motion

That the Board of Port Commissioners approve by motion a new Retail lease agreement between the Ventura Port District dba Ventura Harbor Village and the Barefoot Boutique for the premises located at 1575 Spinnaker Drive #106B consisting of a total of 605 square feet for a two (2) year term.

3) Approval of Casa De Regalos New Lease

Recommended Action: Motion

That the Board of Port Commissioners approve by motion a new Retail lease agreement between the Ventura Port District dba Ventura Harbor Village and Casa de Regalos for the premises located at 1583 Spinnaker Drive #104B & 105 consisting of a total of 1,856 square feet for a three (3) year term.

4) Approval of Milano’s Italian Restaurant New Lease

Recommended Action: Motion

That the Board of Port Commissioners approve by motion a new Restaurant lease agreement between the Ventura Port District dba Ventura Harbor Village and Milano’s Ventura, Inc. dba Milano’s Italian Restaurant for the premises located at 1559 Spinnaker Drive #100 consisting of a total of 1,864 square feet for an eight (8) year term.

STANDARD AGENDA: (50 minutes)

 1) Approval of Donation of “Mermaid Playing Cello” Statue (10 minutes)

Recommended Action: 4/5ths Roll Call Vote.

That the Board of Port Commissioners approve by a 4/5ths vote to:

  1. Accept the donation of “Mermaid Playing Cello,” to the Ventura Port District by Alex Benke;
  2. Authorize the General Manager, working with Legal Counsel, to enter into a donation agreement with Alex Benke; and
  3. Authorize Construction of a pedestal for the statue at a point adjacent to the Middle Jetty at Harbor Cove at no cost to the Ventura Port District.

 2) Approval of Per Diem Employment Contract with G. Scott Miller (10 minutes)

Recommended Action: Resolution No. 3272.

That the Board of Port Commissioners adopt Resolution No. 3272 authorizing the Ventura Port District to offer G. Scott Miller retirement employment prior to the California Public Employees’ Retirement System’s (CalPERS) required 180 day wait period.

3) Approval of Notice of Proposed Ordinance for the Ventura Harbor Marine Fuel Inc. New Lease (10 minutes)

Recommended Action: Resolution No. 3273.

That the Board of Port Commissioners adopt Resolution No. 3273 authorizing the Ventura Port District to publish a Notice of Proposed Ordinance for the Ventura Harbor Marine Fuel Inc. new Lease in a newspaper of general circulation.

4) Approval of Public Records Act Policy (10 minutes)

Recommended Action: Resolution No. 3274.

That the Board of Port Commissioners adopt Resolution No. 3274 approving the Policy and Procedures Implementing the Public Records Act Policy for the Ventura Port District.

5) Authorize submittal of a Grant Application to Sea Grant to Define a Permitting Strategy to Secure Entitlements for Commercial Shell Fish Operations (10 minutes)

Recommended Action: Motion.

That the Board of Port Commissioners approve the submittal of a grant to provide funding to secure expert consulting services to define a permit strategy for sustainable commercial shell fish operations.

ADJOURNMENT

This agenda was posted on Friday, April 3, 2015 at 5:00 p.m. at the Port District Office and on the Internet – www.venturaharbor.com (Public Notices).

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Ventura Port District at (805) 642-8538. Notification 48 hours before the meeting will enable the District to make reasonable arrangements to ensure accessibility.  (28 CFR 35.102.35.104 ADA Title II)

ATTACHMENT TO PORT COMMISSION AGENDA

CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL

WEDNESDAY, APRIL 8, 2015

  1. Per Government Code Section 54956.8 – Conference with Real Property Negotiators:
a) Property:

Negotiating Parties:

Under Negotiation:

1551 Spinnaker Drive, 3A1, 3A2

Oscar Peña, Timothy Gosney

Ventura Harbor Marine Fuel Facility Inc.

New Lease Terms

b) Property:

Negotiating Parties:

Under Negotiation:

1559 Spinnaker Drive #100

Oscar Peña, Timothy Gosney

Milano’s Italian Restaurant New Lease Terms

c) Property:

Negotiating Parties:

Under Negotiation:

d) Property:

Negotiating Parties:

Under Negotiation:

e) Property:

Negotiating Parties:

Under Negotiation:

1583 Spinnaker Drive #104B and #105

Oscar Peña, Timothy Gosney

Casa De Regalos New Lease Terms

1575 Spinnaker Drive #106B

Oscar Peña, Timothy Gosney

Barefoot Boutique New Lease Terms

Parcel 20

Oscar Peña, Timothy Gosney

New Lease Terms

  1. Potential Litigation – Per Government Code Section: a) 54956.9(d)(2) – Claim of Bonnie Beck