May 13, 2015

VENTURA PORT DISTRICT

BOARD OF PORT COMMISSIONERS

Jim Friedman, Chairman

Everard Ashworth, Vice Chairman

Bruce E. Smith, Commissioner

Gregory Carson, Commissioner

 

Oscar Peña, General Manager

Timothy Gosney, Legal Counsel

Jessica Rauch, Clerk of the Board

PORT COMMISSION AGENDA

REGULAR MEETING

MAY 13, 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 Chair, Jim Friedman.

PLEDGE OF ALLEGIANCE: By Chair, Jim Friedman.

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 April 22, 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.

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 Office Lease Agreement for Sierra Pacific Mortgage

Recommended Action: Motion

That the Board of Port Commissioners approve by motion a new Office lease agreement between the Ventura Port District dba Ventura Harbor Village and Sierra Pacific Mortgage for the premises located at 1583 Spinnaker Drive #213 consisting of a total of 791 square feet for a two (2) year term.

B) Approval of New Lease Agreement for Coastal Cone/The Parlor

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 the Coastal Cone and The Parlor for the premises located at 1583 Spinnaker Drive #102 & #104 consisting of a total of 1,663 square feet for a three (3) year term with one (1) five (5) year option.

C) Approval of New Lease Agreement for Hawk Ridge Systems

Recommended Action: Motion

That the Board of Port Commissioners approve by motion a new Office lease agreement between the Ventura Port District dba Ventura Harbor Village and Hawk Ridge Systems for the premises located at 1591Spinnaker Drive #207 consisting of a total of 1,420 square feet and 838 square feet of patio area for a two (2) year term.

STANDARD AGENDA: (65 minutes)

 1) Consideration of Adoption of Ordinance No. 49 (10 minutes)

Recommended Action: Ordinance No. 49.

That the Board of Port Commissioners:

a) Conduct a public hearing for the purpose of receiving input on proposed Ordinance 49;

b) Read proposed Ordinance No. 49 for the record; and

c) Adopt Ordinance No. 49, which authorizes execution of the Lease between Ventura Port District and Ventura Harbor Marine Fuel Inc., for Parcels 3A1 and 3A2 of 1551 Spinnaker Drive.

 2) Delegation of Authority Pursuant to California Government Code 21173 (10 minutes)

Recommended Action: Resolution No. 3276.

That the Board of Port Commissioners adopts Resolution No. 3276:

a) Authorizing the General Manager to make applications to the California Public Employees’ Retirement System (CalPERS) on behalf of the District pursuant to Government Code Section 21152(c) for disability retirement benefits of disabled employees and to initiate requests for reinstatement of such employees who are retired for disability; and

b) Authorizing the General Manager to make determinations of an employee’s disability on behalf of the District and whether such disability is industrial and to certify such determinations and all other necessary information to CalPERS.

3) Approval of Fee Increase Notification for Launch Ramp Parking and Dry Storage (15 minutes)

Recommended Action: Motion.

That the Board of Port Commissioners approve by motion the authorization of the General Manager to notify the public and tenants of a public hearing on May 27, 2015 to consider a fee increase for launch ramp parking and the District’s dry storage facility.

 4) Approval of 2015 Lifeguard Services Contract (15 minutes)

Recommended Action: Motion.

That the Board of Port Commissioners approve by motion the authorization of the General Manager to enter into a contract with State Parks for lifeguard services at Harbor Cove and Surfers Knoll from May 23 through September 7, 2015 for an amount not to exceed $58,578.09.

5) Harbor Village Marina Safety (15 minutes)

Recommended Action: Informational.

That the Board of Port Commissioners receive a report on the Harbor Village Marina and the safety measures being taken.

ADJOURNMENT

This agenda was posted on Friday, May 8, 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, May 13, 2015

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

Negotiating Parties:

Under Negotiation:

 

1583 Spinnaker Drive #213

Oscar Peña, Timothy Gosney

Sierra Pacific Mortgage New Lease Terms

b) Property:

Negotiating Parties:

Under Negotiation:

 

1591 Spinnaker Drive #207

Oscar Peña, Timothy Gosney

Hawk Ridge Systems New Lease Terms

c) Property:

Negotiating Parties:

Under Negotiation:

1583 Spinnaker Drive #101

Oscar Peña, Timothy Gosney

Greek at the Harbor New Lease Terms

  1. Per Government Code Section 54956.9(d)(1) – Pending Litigation:   

      Chapter 11 Bankruptcy of State Fish, Co., et al.,   U. S. Bankruptcy Court, Central District of California, Los Angeles Division, Case Nos. 2: 15-bk-11084-SK and 2: 15-bk-11085-SK.

  1. Per Government Code Section – Potential Litigation:

 a) 54956.9(d)(1) – Bashkiroff v. Ventura Port District, et al., Ventura Superior Case No. 56-2013-00442997-CU-PN-VTA

b) 54956.9(d)(2) – Claim of Bonnie Beck

 

 

 

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