November 9, 2016
VENTURA PORT DISTRICT BOARD OF PORT COMMISSIONERS
Jim Friedman, Chairman
Everard Ashworth, Vice Chairman
Bruce E. Smith, Commissioner
Nikos Valance, Commissioner
Brian Brennan, Commissioner
Oscar Peña, General Manager
Timothy Gosney, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA
REGULAR MEETING
NOVEMBER 9, 2016 AT 6:00PM
FOUR POINTS SHERATON BALLROOM
1050 SCHOONER DRIVE, VENTURA, CA
REVISED
A Closed Session of the Board will be held at 5:00PM at the Four Points Sheraton Captain’s Room 1050 Schooner Drive, Ventura, CA 93001 to discuss the items on the Attachment to Agenda-
Closed Session Conference with Legal Counsel.
The Board will convene in Open Session at the Four Points Sheraton Ballroom 1050 Schooner Drive, Ventura, CA 93001 for its Regular Meeting at 6:00PM.
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 (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 (3 minutes)
The Minutes of the July 27, 2016 Regular Meeting, October 5, 2015 Special and Special Closed Session Meetings, and October 12, 2016 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 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) Termination of Agreement and Approval of New Restaurant Lease Agreement for The Boatyard Inc. dba Boatyard Pub
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
- Approve the termination of Boatyard Café, Inc. dba Boatyard Café lease agreement, dated October 1, 2014, for the premises located at 1583 Spinnaker Drive #109, consisting of 2,675 square feet; and
- Approve a new restaurant lease agreement between the Ventura Port District dba Ventura Harbor Village and The Boatyard, Inc. dba Boatyard Pub for the premises located at 1583 Spinnaker Drive #109, consisting of 2,675 square feet for a six (6) year term.
B) Approval of New Office Lease Agreement for Brophy Bros. Restaurant
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new office lease agreement for the premises located at 1559 Spinnaker Drive #202B consisting of 306 square feet between the Ventura Port District dba Ventura Harbor Village and Brophy Bros. Restaurant for a two-year term with a five-year option.
C) Termination of Agreement and Approval of New Office Lease Agreement for Sierra Pacific Mortgage
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
- Approve by motion the termination of a lease agreement, dated April 14, 2015, for the premises located at 1583 Spinnaker Drive #213, consisting of 791 square feet; and
- Approve by motion a new office lease agreement for the premises located at 1583 Spinnaker Drive #213 & #214, consisting of 1,210 square feet between the Ventura Port District dba Ventura Harbor Village and Michael and Janette Quinn dba Sierra Pacific Mortgage for a two-year term.
STANDARD AGENDA:
1) Approval of Financial Statement and Checks
Recommended Action: Roll Call Vote. (5 minutes)
That the Board of Port Commissioners adopt Resolution No. 3321 3325,
- Accepting the following financial statements – Financial Statements for the Fiscal Year Ending June 30, 2016 (pending completion of annual audit), Financial Statements for the Quarter Ending September 30, 2016 (new format); and
- Review the payroll and regular checks for the months of June 2016, July 2016, August 2016 and September 2016.
2) Approval of Notice of Completion for the Ventura Harbor Village Reroofing of 1449 and 1559 Spinnaker Drive
Recommended Action: Roll Call Vote. (3 minutes)
That the Board of Port Commissioners adopt Resolution No. 3322,
- Accepting the work of Letner Roofing Company for the reroofing of 1449 and 1559 Spinnaker Drive; and
- Authorizing staff to prepare and record a Notice of Completion with the Ventura County Recorder.
3) Acceptance of $11,000 Surrendered and Abandoned Vessel Exchange Grant
Recommended Action: Roll Call Vote. (3 minutes)
That the Board of Port Commissioners adopt Resolution No. 3323 accepting a $11,000 Surrendered and Abandoned Vessel Exchange (SAVE Contract # C16S0621) offered by the California Division of Boating and Waterways.
4) Acceptance of $45,557 Boating Safety and Enforcement Equipment Grant
Recommended Action: Roll Call Vote. (3 minutes)
That the Board of Port Commissioners adopt Resolution No. 3324 accepting a $45,557.00 Boating Safety and Enforcement Equipment Grant (BSE Contract # C16L0611) offered by the California State Parks Division of Boating and Waterways.
5) Possible Award of Contract to Viola, Inc. for the Ventura Harbor Village Phase 3 Improvements
Recommended Action: Voice Vote. (20 minutes)
That the Board of Port Commissioners consider a recommendation on November 9, 2016 relative to the following actions:
- Award the Ventura Harbor Village Phase 3 Improvements contract to Viola, Inc. on the best available terms agreed upon by Viola, Inc. and District staff, or on the terms proposed by Viola, Inc., in its bid; and
- a) Accept RRM Design Group proposal to provide construction support during the Phase 3 work at their standard hourly rates not to exceed $27,000; and
- Accept Rasmussen and Associates proposal to provide construction inspection services during the Phase 3 work at their standard hourly rates not to exceed $6,500.
OR
- Reject Viola, Inc. bid for the Ventura Harbor Village Phase 3 Improvements.
6) Request for Proposals to Lease Ventura Port District Property for Development of Visitor Serving Uses
Recommended Action: N/A.
That the Board of Port Commissioners receive presentations by Brighton Management, H. Parker Hospitality and Pacific Heritage Communities regarding their proposals for development of visitor serving uses at Ventura Harbor pursuant to the Request for Proposals (RFP) issued on May 2, 2016.
REQUEST FOR FUTURE AGENDA ITEMS
ADJOURNMENT
This agenda was posted on Wednesday, November 2, 2016 by 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, NOVEMBER 9, 2016
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties: Under Negotiation: |
1583 Spinnaker Drive #109
Oscar Peña, Brian Pendleton, Timothy Gosney Termination of Agreement and Approval of New Restaurant Lease Agreement with The Boatyard Inc. dba Boatyard Pub (3 minutes) |
| b) Property:
Negotiating Parties: Under Negotiation: |
1559 Spinnaker Drive #202B
Oscar Peña, Brian Pendleton, Timothy Gosney New Office Lease Agreement with Brophy Bros. Restaurant (2 minutes) |
| c) Property:
Negotiating Parties: Under Negotiation: |
1583 Spinnaker Drive #213 & #214
Oscar Pena, Brian Pendleton, Timothy Gosney Termination of Agreement and New Office Lease Agreement for Sierra Pacific Mortgage (2 minutes) |
| d) Property:
Negotiating Parties: Under Negotiation: |
1559 Spinnaker Drive #108, #109A
Oscar Pena, Brian Pendleton, Andy Turner New Lease Terms with Ventura Dive & Sport (5 minutes) |
| e) Property:
Negotiating Parties: Under Negotiation: |
Parcel 5 and Parcel 8
Oscar Peña, Brian Pendleton, Timothy Gosney Potential Lease Negotiations (40 minutes) |
- Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): One case. (2 minutes)
- Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(4): One case. (10 minutes)
- Conference with Legal Counsel – Pending Litigation per Government Code Section 54956.9(d)(1): Peter Bashkiroff vs. The Ventura Port District, et al, Ventura Superior Court Case No. 56-2013-00442997-CU-PN-VTA. (2 minutes)