February 25, 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 J. Gosney, Legal Counsel

Jessica Rauch, Clerk of the Board

PORT COMMISSION AGENDA

REGULAR MEETING

February 25, 2015 AT 7:00 P.M.

1603 ANCHORS WAY DRIVE, VENTURA, CA

A Closed Session of the Board will be held at 5:30 p.m. at the Four Points by Sheraton Hotel – Captains Room adjacent to Alexander’s Restaurant, 1050 Schooner Drive, Ventura, CA, to discuss the items on the Attachment to Agenda-Closed Session Conference with Legal Counsel.

The Board will reconvene in Open Session at the Port District Office located at 1603 Anchors Way Drive for its Regular Meeting at 7:00 P.M. or as soon thereafter as the Closed Session is concluded.

CALL TO ORDER: By Chair, Jim Friedman.

PLEDGE OF ALLEGIANCE: By Chair, Jim Friedman.

ROLL CALL: By the Clerk of the Board.

ADOPTION OF AGENDA (5 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 February 11, 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.

CLOSED SESSION REPORT (5 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.

LEGAL COUNSEL REPORT   (5 minutes)

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.

DEPARTMENTAL STAFF REPORTS (10 minutes)

Ventura Port District Staff will give the Commission reports on their Department.

GENERAL MANAGER REPORT (5 minutes)

The General Manager of the Ventura Port District will report on items of general interest to the Port Commission and members of the public.

CONSENT ITEMS: (3 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 Financial Statements, Payroll and Regular Checks for the month of December 2014

Recommended Action: Resolution No. 3264.

That the Board of Port Commissioners adopt Resolution No. 3264 approving the Financial Statements, Payroll and Regular Checks for expenses in December 2014.

2) Approval of The 805 New Lease and Expansion

Recommended Action: Motion

That the Board of Port Commissioners approve by motion:

  1. A new Restaurant Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Andres S Fernandez, LLC dba “The 805” for the premises located at 1575 Spinnaker Drive #101 & #102 consisting of a total of 2,390 square feet for a five year term subject to (i) the termination of the Lease between Ventura Port District and Andres S Fernandez, LLC dba “The 805” as set forth in (b) below; (ii) the termination of the Lease between Ventura Port District and Sin Chol Kim dba Mara Sushi and Grill as set forth in (c) below; (iii) the successful close of escrow on the sale of Mara Sushi and Grill to Andres S Fernandez, LLC, and (iv) legal counsel’s review and approval of the final lease documents;
  2. A Lease Termination Agreement between Ventura Port District dba Ventura Harbor Village with Andres S Fernandez, LLC dba “The 805” for the premises located at 1575 Spinnaker Drive #101, which shall terminate concurrently with the approval of the Restaurant Lease Agreement set forth in (a) above; and
  3. A Lease Termination Agreement between Ventura Port District dba Ventura Harbor Village with Sin Chol Kim dba Maru Sushi and Grill for the premises located at 1575 Spinnaker Drive #102/#103, which shall terminate concurrently with the approval of the Restaurant Lease Agreement set forth in (a) above.

3) 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 Consultant and Project Manager, Richard Parsons and Commissioner, Greg Carson.

INFORMATIONAL ITEMS: (15 minutes)

4) Compensation and Benefits Comparison (15 minutes)

Recommended Action: Informational.

That the Board of Port Commissioners receive and discuss the compensation and benefits comparison and provide staff with appropriate direction.

ACTION ITEMS: (55 minutes)

5) Approval of the 2015 Non-Represented Employee Salary Adjustments (10 minutes)

Recommendation Action: Resolution No. 3263

That the Board of Port Commissioners discuss and take appropriate action to approve Resolution No. 3263, which provides for a 3% adjustment to the bottom of the Non-Represented Employee Salary Range, effective January 1, 2015.

6) Oceans West Development Modernization Plan (5 minutes)

Recommendation Action: Motion.

That the Board of Port Commissioners formally acknowledge by motion that the work approved in the Interim Modernization Plan (IMP) submitted by Oceans West Development, aka Ventura West Marina II, has been fully completed as required by the Lease.

7) Approval of Mid-Year Budget Adjustments for Fiscal Year 2014 – 2015 (40 minutes)

Recommended Action: Resolution No. 3265.

That the Board of Port Commissioners adopt Resolution No. 3265 authorizing the Mid-Year Budget Adjustments for Fiscal Year 2014 – 2015.

REQUEST FOR FUTURE AGENDA ITEMS

ADJOURNMENT

This agenda was posted on Friday, February 20, 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, FEBRUARY 25, 2015

5:30 P.M.


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

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

 

Negotiating Parties:

Under Negotiation:

 

1575 Spinnaker Drive #101 (805 Bar)

1575 Spinnaker Drive #102 (Maru Sushi)

Oscar Pena, Timothy J. Gosney

805 Bar & Grilled Cheese Expansion

  1. Per Government Code Section 54957: c) Legal Counsel Evaluation
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