June 22, 2016
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Jim Friedman, Chairman
Everard Ashworth, Vice Chairman
Bruce E. Smith, Commissioner
Gregory Carson, Commissioner
Nikos Valance, Commissioner
Oscar Peña, General Manager
Timothy Gosney, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA
REGULAR MEETING
JUNE 22, 2016 AT 7:00PM
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE, VENTURA, CA
A Closed Session of the Board will be held at 5:00PM 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 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 the June 8, 2016 Workshop Meeting and June 15, 2016 Special Closed Session 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, such as seminars, meetings and literature that would be of interest to the public and/or Commission, as a whole. Port Commissioner’s must 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 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.
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 New Restaurant Lease for Baja Bay Surf & Taco
Recommended Action: Motion.
That the Board of Port Commissioners approve a new restaurant lease agreement for the premises located at 1567 Spinnaker Drive #104 consisting of 773 square feet (623 sf patio) between the Ventura Port District dba Ventura Harbor Village and Rigoberto Rangel dba Baja Bay Surf & Taco for a two-year term.
B) Approval of New Retail Lease for Treasure Cove
Recommended Action: Motion.
That the Board of Port Commissioners approve a new retail lease agreement for the premises located at 1567 Spinnaker Drive #103 consisting of 342 square feet between the Ventura Port District dba Ventura Harbor Village and Hilda Wann dba Treasure Cove for a two-year term.
C) Approval of New Retail Lease for Ventura Swimwear
Recommended Action: Motion.
That the Board of Port Commissioners approve a new retail lease agreement for the premises located at 1559 Spinnaker Drive #102 consisting of 894 square feet between the Ventura Port District dba Ventura Harbor Village and Louise Gaye Clanton and Tracey Lanquist dba Ventura Swimwear for a three-year term with a two-year option.
D) Extension of Option with Sondermann-Ring Partners-Ventura Harbor
Recommended Action: Motion.
That the Board of Port Commissioners authorize the General Manager to execute the attached Twelfth Amendment to Option Agreement between Ventura Port District (“the Port”) and Sondermann-Ring Partners-Ventura Harbor (“SRP”).
E) Approval of a Professional Services Agreement Amendment No. 1 with Jensen Design & Survey, Inc.
Recommended Action: Motion.
That the Board of Port Commissioners approve Amendment No. 1 to the Professional Service Agreement, dated April 1, 2016 with Jensen Design & Survey, Inc. in the amount of $9,000.
F) Approval of Ninth Amendment to Ground Lease with Ventura Harbor Storage, LLC.
Recommended Action: Motion.
That the Board of Port Commissioners approve the Ninth Amendment to Lease for the Ground Lease, dated May 1, 1993 between Hobson Bros., LTD., subsequently assigned to Ventura Harbor Storage, LLC (VHS) July 1997, herein called “Lessor” and Ventura Port District, “Lessee” for the 1.22 acres being utilized for a commercial fisherman’s gear storage and repair yard located at 1410 Angler Ct., Ventura, CA.
STANDARD AGENDA:
1) Approval of Financial Statements and Checks for April 2016
Recommended Action: Resolution No. 3307
That the Board of Port Commissioners adopt Resolution No. 3307 accepting and approving the Financial Statements, Payroll and Regular Checks for expenses in April 2016.
2) Appointment of JPIA Board of Director Liaison
Recommended Action: Motion.
That the Board of Port Commissioners approve the appointment of one Port Commissioner as Director for the Joint Powers Insurance Authority (JPIA) Board of Directors.
3) Approval of a Professional Services Agreement for Special Legal Services
Recommended Action: Motion.
That the Board of Port Commissioners authorize funding in the amount of $8,500 to retain outside legal services provided by Plauché & Carr, LLP to analyze and report on leasing alternatives related to the Shellfish Grant.
4) Approval of FY2016 – 2017 Preliminary Budget and Five Year Capital Improvement Plan
Recommended Action: Motion.
That the Board of Port Commissioners approve the 2016–2017 Ventura Port District Preliminary Budget and Five Year Capital Improvement Plan.
REQUEST FOR FUTURE AGENDA ITEMS
ADJOURNMENT
This agenda was posted on Friday, June 17, 2016 at 5:00 p.m. at the Port District Office and on the Internet – www.venturaharbor.com (Port Commission).
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, JUNE 22, 2016
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties: Under Negotiation: |
1567 Spinnaker Drive #104
Oscar Peña, Timothy Gosney New Restaurant Lease for Baja Bay Surf & Taco |
| b) Property:
Negotiating Parties: Under Negotiation: |
1567 Spinnaker Drive #103
Oscar Peña, Timothy Gosney New Retail Lease for Treasure Cove |
| c) Property:
Negotiating Parties: Under Negotiation: |
1559 Spinnaker Drive #102
Oscar Peña, Timothy Gosney New Retail Lease for Ventura Swimwear |
| d) Property:
Negotiating Parties: Under Negotiation: |
Parcels 15, 16, 18
Oscar Peña, Timothy Gosney Amendment of Option Agreement |
| e) Property:
Negotiating Parties: Under Negotiation: |
1410 Angler Court
Oscar Peña, Timothy Gosney Ventura Harbor Storage, LLC Ground Lease Renewal |
| f) Property:
Negotiating Parties: Under Negotiation: |
1414 Angler Court
Oscar Peña, Timothy Gosney Harbor Boat and Self-Storage New Sublease |
- Public Employee Performance Evaluation per Government Code Section 54957: a) Legal Counsel