January 16, 2019
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Everard Ashworth, Chairman
Brian Brennan, Vice Chairman
Chris Stephens, Commissioner
Jean Getchell, Commissioner
Oscar Peña, General Manager
Brian Pendleton, Deputy General Manager
Timothy Gosney, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA REGULAR MEETING
JANUARY 16, 2019 AT 7:00PM
VENTURA PORT DISTRICT OFFICE, 1603 ANCHORS WAY DRIVE, VENTURA, CA 93001
A Closed Session of the Board will be held at 5:30PM at the Port District Office located at 1603 Anchors Way Drive, Ventura, CA, to discuss the items on the Attachment to Agenda-Closed Session Conference with Legal Counsel.
The Board will convene in Open Session at the Port District Office located at 1603 Anchors Way Drive for its Regular Meeting at 7:00PM.
ADMINISTRATIVE AGENDA:
CALL TO ORDER: By Chairman Everard Ashworth.
PLEDGE OF ALLEGIANCE: By Chairman Everard 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 (Port District Business-Meetings & Agendas). Each item on the agenda shall be deemed to include action by an appropriate motion, resolution or ordinance.
APPROVAL OF MINUTES (3 minutes)
The Minutes of the December 12, 2018 Regular Meeting 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 (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.
BOARD COMMUNICATIONS (5 minutes)
Port Commissioner’s may present brief reports on port issues, seminars, meetings and literature that would be of interest to the public and/or Commission, as a whole. In addition, Port Commissioners should provide a brief summary and disclose any discussions he or she may have had with any Port District Tenants related to Port District business.
DEPARTMENTAL AND GENERAL MANAGERS REPORTS (5 minutes)
Ventura Port District Staff and General Manager will give the Commission reports on their Department and items of general interest to the Port Commission and members of the public.
LEGAL COUNSEL REPORT (5 minutes)
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.
A) Approval of Out of Town Travel Requests
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the out of town travel requests for the following persons:
- Deputy General Manager, Brian Pendleton to travel to Washington, D.C to participate in the CMANC Meeting;
- Dredging Consultant, Richard Parsons to travel to Washington, D.C to participate in the CMANC Meeting;
- Commissioner, Brian Brennan to travel to Washington, D.C to participate in the CMANC Meeting;
- Property Manager, Robin Baer to travel to Beverly Hills, California to participate in the 2019 Entertainment Experience Evolution Conference; and
- Marketing Coordinator, Ruby Emery to travel to Los Angeles California to participate in the LA Travel and Adventure Show.
B) Approval of New Restaurant Lease Agreement for MK Enterprises, Inc. dba Margarita Villa Mexican Restaurant
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Restaurant Lease Agreement between the Ventura Port District dba Ventura Harbor Village and MK Enterprises, Inc. dba Margarita Villa Mexican Restaurant for the premises located at 1567 Spinnaker Drive #200 consisting of a total of 1,880 square feet, 1,100 sf of patio and 657 square feet of expanded roof storage space,
for a three (3) year term with one separate four (4) year option.
C) Approval of New Retail Lease Agreement for Health Minded, Corp. dba Frenchies Modern Nail Care
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Retail Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Health Minded, Corp. dba Frenchies Modern Nail Care for space located at 1583 Spinnaker Drive #105 consisting of approximately 1,410 square feet for a five (5) year term with a one four (4) year option.
D) Approval of New Retail Lease for Mahesh and Heeru Gehani dba Casa de Regalos
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Retail Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Mahesh and Heeru Gehani dba Casa de Regalos for space located at 1575 Spinnaker Drive #108 consisting of approximately 990 square feet for a three (3) year term with a one three (3) year option.
E) Approval of Office Lease Amendment No. 6 for GSA National Park Service
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve Lease Amendment No. 6 to extend the Lease for two more years of Block A and Block D between the Ventura Port District dba Ventura Harbor Village and GSA / National Park Service, for the premises located at 1431 Spinnaker Drive and 1691 Spinnaker Drive #204, 206, 208,101B and 103.
F) Approval of First Amendment for Commissioned Desserts, LLC dba Top This Chocolate
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the First Lease Amendment between the Ventura Port District dba Ventura Harbor Village and Commissioned Desserts, LLC dba Top This Chocolate for the premises located at 1559 Spinnaker Drive #109.
G) Termination of Office Lease Agreement for Ron Baldonado dba Virtual Pacific Networks
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the termination of an office lease agreement for Ron Baldonado dba Virtual Pacific Networks, effective February 1, 2019, for the premises located at 1591 Spinnaker Drive #201, consisting of 746 square feet.
H) Approval of New Professional Services Agreement with Dudek for the 2018 NOAA Sea Grant Tasks
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Professional Services Agreement with Dudek in the amount of $108,610 for professional services for the Ventura Shellfish Enterprise (VSE) project 2018 Sea Grant Tasks.
I) Approval of New Professional Services Agreement with Plauché & Carr, LLP for the 2018 NOAA Sea Grant Tasks
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Professional Services Agreement with Plauché & Carr, LLP in the amount of $40,000 for professional legal services for the Ventura Shellfish Enterprise (VSE) project 2018 Sea Grant Tasks.
J) Approval of New Professional Services Agreement with Carpi & Clay
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Professional Service Agreement with Carpi& Clay, in the amount of $60,000 annually, to provide the District with Federal Advocacy Services for 2019.
K) Approval of New Professional Services Agreement with Lagerlof, Senecal, Gosney & Kruse LLP
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Professional Services Agr`eement with Lagerlof, Senecal, Gosney & Kruse LLP, based upon the hourly rates approved by the Board on December 12, 2018, to provide the District with Legal Services.
STANDARD AGENDA:
1) Approval of Financial Statements and Checks for April through June 2018 (5 minutes)
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopts Resolution No. 3363 to:
- Accept the following draft financial statements for the quarter ended June 30, 2018, pending audit adjustment, and accounting for year-end GASB 68 and 75 journal entries; and
2. Review the payroll and regular checks for April through June 2018.
2) Approval of Notice of Completion for the Ventura Harbor Village Reroofing Phase II Project (5 minutes)That the Board of Port Commissioners adopt Resolution No. 3364,
Recommended Action: Roll Call Vote.
- Accepting the work of Garland/DBS, Inc. on the Ventura Harbor Village Reroofing Phase II Project; and
- Authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.
3) Approval of Notice of Completion for the Harbor Cove Beach Water Line Repair (5 minutes)
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3365,
- Accepting the work of Hansen Plumbing on the Harbor Cove Beach Water Line Repair Project; and
- Authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.
4) Approval of First Cloud, LLC Agreement (10 minutes)
Recommended Action: Voice Vote.
That the Board of Port Commissioners authorize the General Manager to provide First Cloud, LLC the approval of:
- The Nonexclusive Installation and Service Agreement between Time Warner Cable Enterprises, LLC (“Operator”) and First Cloud, LLC (“Owner”) that includes; and,
- Grant of Easement by and between First Cloud, LLC (“Owner”) and Time Warner Cable Enterprises, LLC (“Operator”).
5) Approval of New Conflict of Interest and Disclosure Code (5 minutes)
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3366 to approve the new Conflict of Interest Code Policy and rescind Resolution No. 3361.
6) 2019 Leasing Strategy (15 minutes)
Recommended Action: Informational.
That the Board of Port Commissioners receive a presentation from Property Manager, Robin Baer on the 2019 Leasing Strategy.
AGENDA PLANNING GUIDE AND REQUEST FOR FUTURE AGENDA ITEMS
ADJOURNMENT
This agenda was posted on Friday, January 11, 2019 by 5:00 p.m. at the Port District Office and on the Internet – www.venturaharbor.com (Port District Business-Meetings & Agendas).
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, JANUARY 16, 2019
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
1567 Spinnaker Drive #200
Oscar Peña, Brian Pendleton, Timothy Gosney MK Enterprises, Inc. dba Margarita Villa Mexican Restaurant New Restaurant Lease |
| b) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
1583 Spinnaker Drive #104B, #105
Oscar Peña, Brian Pendleton, Timothy Gosney Health Minded, Corp dba Frenchies Modern Nail Care New Retail Lease |
| c) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
1575 Spinnaker Drive #108
Oscar Peña, Brian Pendleton, Timothy Gosney Mahesh and Heeru Gehani dba Casa De Regalos New Retail Lease |
| d) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
1431 Spinnaker Drive & 1691 Spinnaker Drive #204,206,208,101B,103
Oscar Peña, Brian Pendleton, Timothy Gosney GSA National Park Service Lease Amendment |
| e) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
1559 Spinnaker Drive #109
Oscar Peña, Brian Pendleton, Timothy Gosney Commissioned Desserts, LLC dba Top This Chocolate Restaurant Lease First Amendment |
| f) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
1559 Spinnaker Drive, Suite #201
Oscar Peña, Brian Pendleton, Timothy Gosney Ron Baldonado dba Virtual Pacific Networks Office Lease Termination |
| g) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
1410 Angler Court
Oscar Peña, Brian Pendleton, Timothy Gosney Karen Dupuy dba Harbor Boat and Self-Storage New Sublease (Verbal Report) |
| h) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
Federal Authorized Sea Bottom
Oscar Peña, Brian Pendleton, Timothy Gosney Army Corps of Engineers Sea Bottom Aquaculture Master Permit (Verbal Report) |
- Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation pursuant to Section 54956.9(d)(4): Two (2) cases. (Verbal Report)
- Conference with Legal Counsel – Anticipated Litigation per Section 54956.9(d)(1): Chrysiliou Living Trust, et. al, v. Ventura Port District, Case No. 56-2018-CU-PA-VTA. (Verbal Report)
- Conference with Legal Counsel – Pending Litigation per Government Code Section 54956.9(d)(1): Rosemary Lazard vs. Ventura Port District; Case No. 56-2017-00500990-CU-PO-VTA. (Verbal Report)
- Public Employee Performance Evaluation per Government Code Section 54957:
- Oscar Peña, General Manager (Verbal Report)