September 12, 2018
PORT COMMISSION AGENDA
REGULAR MEETING
SEPTEMBER 12, 2018 AT 7:00PM
FOUR POINTS SHERATON BALLROOM
1050 SCHOONER DRIVE, VENTURA, CA
A Closed Session of the Board will be held at 5:30PM at the Four Points Sheraton Captain’s Room located at 1050 Schooner Drive, Ventura 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 located at 1050 Schooner Drive , Ventura for its Regular Meeting at 7:00PM.
ADMINISTRATIVE AGENDA:
CALL TO ORDER: By Chair Everard Ashworth.
PLEDGE OF ALLEGIANCE: By Chair 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. 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 25, 2018 Regular Meeting and August 22, 2018 Special 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.
STAFF COMMUNICATIONS (5 minutes)
Ventura Port District Staff will update the Commission on important topics if needed.
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 request for Electrician, John Collins.
B) Approval of New Restaurant Lease Agreement for Baja Bay Surf Taco
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 Baja Bay Surf Taco for the premises located at 1567 Spinnaker Drive #104 consisting of a total of 773 square feet (623 patio) for a two (2) year term.
C) Approval of New Retail Lease Agreement for Barefoot Boutique
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
a) Approve by motion the termination of a lease agreement, dated November 16, 2015, for the premises located at 1575 Spinnaker Drive #106 A&B, consisting of 1,545 square feet (65 square feet storage); and
b) Approve by motion a new retail lease agreement for the premises located at 1575 Spinnaker Drive #106 A&B, consisting of 1,545 square feet (236 square foot storage room) between the Ventura Port District dba Ventura Harbor Village and Elizabeth Marino dba Barefoot Boutique, LLC for a five-year term with one four-year option.
D) Approval of New Office Lease for Julianne Martin, Psy.D. and Gregory Gray, M.D.
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Office Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Julianne Martin, Psy,D. and Gregory Gray, M.D. for the premises located at 1575 Spinnaker Drive #207 and #208 consisting of a total of 840 square feet for a one (1) year term with a one (1) year option.
STANDARD AGENDA:
1) Approval of Financial Statements and Checks for October through December 2017
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopts Resolution No. 3360 to:
a) Accept the following financial statements for the Quarter ended December 31, 2017; and
b) Review the payroll and regular checks for October through December 2017.
2) Approval of Professional Services Agreement with White Nelson Diehl Evans
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
a) Approve the three year Professional Services Agreement with White Nelson Diehl Evans LLP to perform the District’s financial audit of the fiscal years ending June 30, 2018, June 30, 2019 and June 30, 2020; and
b) Appoint an Audit Liaison to work with staff and White Nelson Diehl Evans LLP throughout the audit process.
3) Approval of New Conflict of Interest and Disclosure Code
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3361 to approve the new Conflict of Interest Code Policy and rescind Resolution No. 3317.
4) Ventura Shellfish Enterprise Site Selection
Recommended Action: Information.
That the Board of Port Commissioners receive an informational report on the VSE site selection process with the anticipation of a final site recommendation with related permit applications, studies and reports on September 26, 2018.
REQUEST FOR FUTURE AGENDA ITEMS
ADJOURNMENT
This agenda was posted on Friday, September 7, 2018 by 5:00 p.m. at the Port District Office and online at www.venturaharbor.com – Port District Business – Meetings and 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, SEPTEMBER 12, 2018
1. Conference with Real Property Negotiators – Per Government Code Section 54956.8:
a) Property:
Negotiating Parties:
Under Negotiation:
Federal Authorized Sea Bottom
Oscar Peña, Brian Pendleton, Roland Trinh
Leasing or Permits for VSE Aquaculture Purposes
b) Property:
Negotiating Parties:
Under Negotiation:
1583 Spinnaker Drive #104B, #105
Oscar Peña, Brian Pendleton, Roland Trinh
Potential New Retail Lease with Health Minded, Corp. dba Frenchies Modern Nail Care
c) Property:
Negotiating Parties:
Under Negotiation:
1567 Spinnaker Drive #104
Oscar Peña, Brian Pendleton, Roland Trinh
New Restaurant Lease with Baja Bay Surf Taco
d) Property:
Negotiating Parties:
Under Negotiation:
1575 Spinnaker Drive #106A&B
Oscar Peña, Brian Pendleton, Roland Trinh
New Retail Lease with Barefoot Boutique
e) Property:
Negotiating Parties:
Under Negotiation:
1575 Spinnaker Drive #207 & #208
Oscar Peña, Brian Pendleton, Roland Trinh
New Office Lease with Julianne Martin, Psy.D. and Gregory Gray, M.D.
2. 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)
3. Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: Three Cases. (Verbal Report)