ATTACHMENT
I
Response to
Port San Luis Harbor D¡strict
Proposal to D¡sallow Business
L¡cense Renewal
Avila Beach Surf School
August 18,2014
Avila Beach Surf School License Gonsider Disallowing Ability to Renew 2014 License
Vlere Fm tt+perd
"lncident Recap" Timeline
June 2013
ItemGRaised&Resolved
ItemTRaised&Resolved
June 2014
ItemSRaised&Resolved
November 2012
Iteml Raised&Resolved
April20l3
Item2Raised&Resolved
Item3Raised&Resolved
a
2013
July 2013
April 2013
a0
òtØ
ö
January
April2014
Item9Raised&Resolved
November 2013
Item 5 Resolved
Item 5 Raised
October
2013
Janua
4
April 2014
July 2014
August 2014
October 2012
Þ
Þ
E
(.r,
E'
U)
u1
Ð
(fr
o
May 2013
January 2014
Port District
Special Business License
Port District
Regular Business License
Granted
Granted
tt,
n
ul
t!,
T
Notes
g
ëo
- "Complaints" is not present, as ABSS:
was never made aware of any complaints
has not had a chance to review those complaints
is not sure that those complaints are valid
ls not sure what constitutes a valid complaint
Item 4
.
.
o
o
J
Item 5 - "FBN' could not be resolved immediately, due
to conflicting guidance and varying interpretations of
applicable law between San Luis Obispo County &
Port San Luis Harbor District.
ABSS Response Page 2 of
I
Item #1and #2 The PSLHD never gave notice of the RFP to ABSS even though they new there
were two suri schools in Avila Beach. Commissioners determined staff did not due their due
diligence and give proper notice to ABSS at the December meeting. On 2-13-13 as a result of
not being given proper notice of RFP process Steve M started to compensate for the screw up
by offering ABSS Special Use Permits as shown in the rolling Email conversation. "We can
issue you a series of special event permits for this year only (next year will require the license)."
"To that end, you'll take out, as necessary, a special event permit for coastal dependent multi
session classes."
Item #3 Was the first time ABSS heard of any requirement to conduct surf lessons on Avila
Beach. Phone calls started immediately to learn why we were being kicked off the beach
Discussions with Steve M started on 2-13-13 and the issuance of Special Use Permits staded
being used by ABSS. Julie stated in her email on 2-25-13 "Good morning Justin, Thank you for
the voice mail messages over the weekend.
We need to have a methodology to "renew" your Special Event permit. lt is my understanding
that you have provided at least 3 lessons on your current permit. I believe that Steve indicated
that you would pay and "renew" your permit on an as needed basis?
#4
All Complaints up till 2014 Licensure have been discussed and resolved based on
staffs investigation into them. Staff informed the Commission at the December 2013 meeting
that there was no factual basis behind the allegations. (Beginnings of Defamation of character)
Item
Item #5 ABSS was conducting business on District property and was informed by the County of
San Luis Obispo that it was not required since business was being conducted on private
property.
Item #6 The trailer was parked for one day and then was informed by California Highway Patrol
in response to Van Curaza Complaining. The Highway Patrol office worked diligently with ABSS
to come up with a solution so that the trailer could be used. lssue was also addressed at the
December 201 3 Commissioners Meeting.
llem #7 Justin Hodges has used a golf cart to go back and forth from the golf course for many
years. The date the picture was taken Mr. Hodges was using the the cart due to having a knee
injury which prevented him from walking up and down the steep street he lives on. Van Curaza
once again complained to staff, The lssue was also addressed at the December 2013
Commissioners meeting.
Justin Hodges asked staff about the inconsistency with regard to enforcement of PSLHD
regulations in specific why Bill Price was allowed to use a ATV on county right away as well on
district properly to transport his equipment and Julie responded by saying "Justin, Bill Price has
had a license with the District since 2000."
Item #8 ABSS bought a truck as advised by the California Highway Patrol so that no other
complaints could be filed. The truck has been used to transport boards and equipment to and
from the beach ever since it was purchased. The county received a complaint by Avila Beach
Paddle Sports Nan Curaza Surf School both of whom also use a truck to operate in the same
manner as pictured. The County is ok with the use of the truck in this manner and advised
ABSS to not sale from it. lssue was received by ABSS and was addressed within minutes.
ABSS Response Page 2 of
I
ABSS Response Page 3 of
8
Justin Hodges asked staff once again why is it that both the Avila Paddle Sports and the Van
Curaza Surf School as pictured were also not being reprimanded as well and staff never
responded.
Item #9 The picture taken on July 15 was on private property (Avila Beach Grocery Deli) and is
promoting the joint venture between Avila Beach Grocery and ABSS to rent paddle boards from
Front Street location.
ln regards to all the complaints prior to 2014 Julie summed it all up in her July 19, 2013 Emailto
me stating that
"Justin, lt was at the direction of the Harbor Commission that staff investigate the allegations
and bring it back to the Harbor Commission.
On Monday of this week you came to the office so we could discuss the complaint brought
against you. At this meeting we discussed the one complaint that was confirmed....you were
parking vehicles on County right-of-way that were not street legal vehicles (i.e. unregistered golf
cart)."
Every other complaint was erogenous and added to what I will be pursuing as defamation/Libel
case against the PSLHD staff and The Van Curaza Surf School. Staff has continually treated
ABSS with a "double standard mentality." This double standard has been very hard on ABSS
and there has been many negative implications endured by ABSS (Mentally, Physically,
Emotionally and Fiscally) as a result of staffs continued harassment and prejudice of the ABSS
I started asking staff in May of 2O14by phone to be put on the agenda so that I can speak with
the Commission to discuss the issue of parody discussed and tabled in the December 2013
Commissioners meeting. I asked staff to help me address this idea of parody and allowance of
surf camps and use of the entire beach like the other sud school is allowed as well the addition
of rentals on the East Side of the beach for additional district revenue. Staff response was that it
was not the direction nor an idea they wanted to pursue and therefor they denied me getting on
the May 2014 agenda.
The following email was sent on Thu, Jun 12, 2014 al 12:52 PM, justin hodges
<jhodgescorp@ gmail.com> wrote :
"Good afternoon Julie, I hope all is well with youl I was hoping to get put on the June agenda to
speak with the commission. Please let me know if there is anything that I need to do to help that
happen."
Once again staff stated that it was not the direction nor their intent to help me gain parody.
The PSLHD staff has had it out for the ABSS from the first day they failed to inform ABSS of the
RFP process back in 2012. Ever since I called out staff on July 8th 2014 about the inappropriate
phone call made by Harbor Patrol Officers and the liability posed by allowing a commercial
business to operate in a know health hazard (San Luis Creek) I am once again on the chopping
block. I see this as a clear sign of retaliation and once again discrimination.
ABSS Response Page 3 of
I
ABSS Response Page 4 of
I
Avila Beach Paddle Sports uses a Sandwich Board Sign on the Main Avila Beach, Picture was
taken July 122014.
ABSS Response Page 4 of
I
ABSS Response Page 5 of 8
Avila Beach Paddle Sports has used a Sandwich Board sign on District Property for years. The
picture was taken July I 2014.
ABSS Response Page 5 of
B
ABSS Response Page 6 of
I
5TÜP
Bill Price uses a ATV since 2000 to transport his equipment from First St through the town of
Avila onto the PSLHD property where no ATV are allowed. Picture was taken July 18 2013. Bill
Price to date continues to operate in the same manner.
ABSS Response Page 6 of
I
ABSS Response Page 7 of 8
..ü.{} \&srzon
3O
( Recents
f.iIr
Î:W Pilt
lnfo
(805) 260-e760
Northern Los Angelee Area
Yesterday
t 1:1{ AH
lnoôrturq gs¿l
3 m#ìul€s
Call
FaceTime
FaceTrnne Audis
Send Message
O
'!i
i)
aì
".ll:,,
('
@
lìrt sllç
On Tue, Jul 8, 2014 al2:54 PM justin hodges <[email protected]> wrote: "l was just
made aware of the fact that Port San Luis Harbor District Staff has asked Harbor Patrol Officers
while on the clock to call my surf school posing as potential clients to entrap me. Attached you
will find the screen shot of the call"
The number was recognized by my sister who knows Harbor Patrol Officer Chris.
ABSS Response Page 7 of
I
ABSS Response Page
I
of
I
Both Avila Beach Paddle Sports and the Van Curaza Surf School both conducting business out
of their vehicles in the county right of way. Both Pictures were taken in August of 2O14.
ABSS Response Page
I
of
I
195¿ zola
MEMORANDUM
TO
Property Committee
FROM:
Julie van Hoff, Business Manager
DATE:
ß
August2(
SUBJECT:
2014
Avila Beach Surf School License
Ability to Renew 2014 License
-
Gonsider Disallowing
Recommendation
.
Recommendation: lf renewal is requested, support dísallowing renewal of the 2014
Avila Beach Surf School Monthly Revocable License.
Policv lmplications
District Ordinance Chapter 4, paragraph 4.030 authorizes the District to establish
agreements with licensees for payment for the non-exclusive use of District property.
Concessions Management Policy 3037 establishes policy for the development of
contract agreements for private operations of District facilities.
Fiscal lmplications / Budqet Status
The loss of revenue is more than offset by the savings in labor costs associated with the
management of this license agreement. Also, updating the 2015 'Request for Proposals
for Licenses to do business on District Property' to allow another surf instruction
company to propose may alleviate any loss of revenue.
Alternatives Considered
The following actions were considered but are not recommended at this time:
.
.
.
Upon request by Justin Hodges, recommend renewal of Avila Beach Surf School
License for 2015.
Recommend revocation of the 2014 Monthly Revocable License on 30 days' notice.
Wait to recommend denial of renewal as a part of the RFP process. This option was
not taken because the published RFP would not allow for another surf instructor to
apply for a License. At this time staff does not have any knowledge as to whether or
not another surf instructor would be interested in proposing.
Discussion
At the meeting of July 22,2014, this Commission reviewed the Request for Proposals
(RFP) process for new licensees. As a part of that process, the following existing
Avila Beach Surf School License- disallow renewal
August 18,2014
licensees may under certain circumstances, renew their license, without submitting a
proposal:
Year License
was issued:
Proposal Due by
Fall of:
Avila Beach Jr. Guards
2011
Sponsored by
District; proposal
not necessary
Avila Beach Surf School
2014
2016
Central Coast Kayaks
2014
2016
KSBY
2014
2016
Quine's Enterprises
2013
2015
Van Curaza Surf School
2013
2015
Business
This Commission has previously determined that the beach in Avila has room for two
surf instruction businesses. A determination now on renewal of one of the two surf
instruction businesses above will determine the availability of space for a potential new
licensee.
Justin Hodges dba Avila Beach Surf School (ABSS) has one of two licenses to give surf
lessons. ln addition, even though there are two summer camps, he has been given
permission to hold an off season surf camp from November 1 through April 30. The
License was issued for the 2014 calendar year. Licensees that are in good standing
with the District are given an opportunity to renew licenses for up to two years without
going through a competitive proposal process. The following facts are presented as
support for the recommendatíon not to consider renewal of ABSS License Agreement.
The District approved a license to allow Mr. Hodges to provide surf instruction in 2014.
Additionally, the Harbor Commission granted Mr. Hodges permission to offer surf camps
in the off-season which is defined as November 1 through March 31. See attached staff
report and minutes, November 19, 2013. (Attachments 1 & 2)
On June 9,2014 staff noticed that ABSS was advertising for summer surf camps. The
ad on ABSS website did not state the whereabouts of the surf camp.
Avila Beach Surf School License- disallow renewal
August 18,2014
Staff determined that Mr. Hodges was in fact providing a summer surf camp program on
District property. On July 7,2014 staff contacted Mr. Hodges concerning the operat¡ons
of his business. Mr. Hodges stated that he did not know that he could not operate a
summer surf camp.
Mr. Hodges' claim of lack of knowledge concerning rules and regulations has been an
on-going pattern. Staff has contacted Mr. Hodges multiple times to discuss District and
county rules and regulations. Following is a recap of these incidents.
1) Mr. Hodges did not submit a proposal in response to the Request for Proposals
for the 2012 Licensing process because he said he was unaware of this
requirement.
2)
He did not submit a proposal in response to the Request for Proposals for the
2013 Licensing process because he said he was unaware of this requirement.
3) He said he did not know that his temporary license expired on December 31,
2012 (Attachment 3). Staff observed ABSS conducting business in February
2013.
4) Numerous complaints concerning Mr. Hodges' business practices have been
received by District staff, Harbor Commissioners, and San Luis Obispo County
Code Enforcement.
5)
He said he did not know that he was supposed to file for a Fictitious Business
Name for Avila Beach Surf School.
"lf a name other than your own is used for the business, a Fictitious Business Name
(FBN) must be registered with the San Luis Obispo County Clerk-Recorder within
40 days of starting the business. Banks usually require this prior to opening an
account in a business name." (from County of San Luis Obispo website)
.
Staff contacted him in April 2013 to díscuss proof of filing a FBN. His
response at the time was that he was going to incorporate within the
month.
o
In November of 2013 Mr. Hodges had not filed for incorporation or for a
FBN. Staff contacted him and his response was that he was not required
to file but he would go ahead and file anyway. He filed on November Sth,
2013, almost two years after he had started a business under the name of
Avila Beach Surf School.
6)
He said he did not know that his trailer could not be parked on County right-ofway without a vehicle attached to the trailer
Avila Beach Surf School License- disallow renewal
August 18,2014
7)
He said he did not know that golf carts needed to be street legal to drive and park
on County right-of-way.
8)
He said he did not know that he could not conduct business out of his trailer or
vehicle on County right-of-way.
t
r:
Avila Beach Surf School License- disallow renewal
August 18,2014
9)
He knew that sandwich boards were prohibited on District property and County
right-of-way, but he used them anyway.
.
On April 30, 2014 staff sent an e-mail to Mr. Hodges that stated that the
County and the District prohibit use of sandwich boards on public property
and asked that the signs be removed immediately. The following picture
was taken on July 15,2014.
!tÉ31'!üÉÞd
-|-äbtìw
-¡-,gE
!
ih
County Code Enforcement staff has contacted Mr. Hodges and Mr. Hodges' landlord
regarding compliance with County codes and business license regulations.
Due to the apparent disregard or lack of due diligence to learn and understand Dístrict
and County rules and regulations and the staff time needed to manage the ABSS
license, staff recommends that Mr. Hodges' license agreement not be eligible for
renewal for 2015. Should the Property Committee & Harbor Commission concur, or in
the event that Mr. Hodges does not wish to pursue renewal of his license, staff will
update the RFP to allow for one surf instruction business on the east side of Avila Pier.
Attachment(s): 1. Staff Report- November 19,2013
2. Approved Minutes- November 19,20113
3.2012 Limited Use Permit
SA,V
¡-
MEM
TO:
FROM:
DATE:
SUBJECT:.
DUM
Board of Commissioners
Julie van Hoff, Business Manager
November 19,2013
2014 Annual License Requests: Recommend Approval
Recommendation/Motion
.
.
Recommendation: Review proposals and approve License Agreements with 1)
Brandon Downing, Director of Marketing for KSBY-TV for use of District property
to shoot local commercial scenes; 2) Justin Hodges for renewal of license for surf
lessons and amendment to allow off-season surf school; and 3) Paul Schiro for
amendment to his current license to add rental of stand-up paddleboards (SUPs)
and Australian surf skis, yoga instruction on SUPs and ocean and beach fitness
classes.
Motion: Approve 2014 License Agreement with KSBY-TV
to
shoot local
commercial scenes; authorize Harbor Manager to execute agreement.
o
Motion: Approve renewal of License Agreement with Justin Hodges dba Avila
Beach Surf School to provide surf lessons and to amend license to allow offseason surf school; authorize Harbor Manager to execute agreement.
.
Motion: Approve amendments to License Agreement with Paul Schiro dba
Central Coast Kayaks, Pacific Outfitters providing rental of kayaks, SUPs,
Australian surf skis, yoga instruction on SUPs, and ocean and beach fitness
classes; authorize Harbor Manager to execute agreement.
Policv lmplications
District Ordinance Chapter 4, paragraph 4.030 authorizes the District to establish
agreements with licensees for payment for the non-exclusive use of District property.
District Ordinance Chapter 8, paragraph 8120 defines 'movable vendor' for which
licenses are applicable.
Concessions Management Policy 3037 establishes policy for the development of
contract agreements for private operations of District facilities.
2014 Annual License Requests
November 19,2013
2
Fiscal lmplications / Budqet Status
None at this time.
Alternatives Cons idered
The following actions were considered but are not recommended at this time
.
None
Discussion
On Augusl 27, 2013, the Harbor Commission approved the release of a Request for
Proposals (RFP) for 2014 Revocable Licenses. On September 5, 2013 the District
published the approved RFP in the Tribune newspaper and website, and on the District
website. Staff also notified certain individuals who had expressed an interest previously.
The RFP included a discussion of capacity issues precipitated by the continual growth
in use of District property. The limitations placed on commercial use protect the general
public's use of the property and provide safety to the users. The RFP stated that the
District would not accept proposals for businesses that require use of public landings
and/or public docks or business that require use of the area of the water where the
mouth of San Luis Obispo Creek meets the ocean because these areas were deemed
to have reached capacity. ln recent months, District staff has been working with existing
concessionaires in an attempt to manage the increased demands placed on District
facilities, such as the public dock at the sport launch area. Conflicts have arisen that
have jeopardized the efficient use of facilities for all users, public safety and coastal
access. ln addition, the District limited the number of licenses issued to "like" vendors to
two.
The 2014 RFP allowed for the following licenses:
Type of Business & Number of
Licenses Available
Sailboat Charter- none available
Kayak Rentals- none available
Powered Vessel tours - none available
Business as proposed- One License
Available (see District Master Plan for
available uses)
Surf Instruction
Available
-
One License
Food Vendors- none available
Beach
Location
Landing
Other
Avila Beach-only
l0' X 10'Canopy
maybe allowed East
Avila Pier
of
Not allowed at
Mouth of Creek
2014 Annual License Requests
November 19,2013
3
Three proposals were received by the District in response to the RFP. A Review Team
consisting of the Business Manager, Facilities Manager, and lnterim Chief Harbor Patrol
Officer reviewed the proposals. The Property Committee, consisting of Commissioner
Brandy and Commissioner Blecha, met on November 1,2013. The Property Committee
recommends issuance of a 2014 License to KSBY-TV, Justin Hodges dba Avila Beach
Surf School, and Paul Schiro dba Central Coast Kayaks, Pacific Outfitters.
Following is a list of special considerations for each of the proposals.
1) KSBY-TV proposal (Attachment 1) submitted by Brandon Downing Director of
Marketing,
to use District property to shoot local commercial scenes. The
issuance of a license is recommended with the following special conditions:
a. Licensee
agrees to notice the District and receive permission prior to the
shoot date.
b. Licensee
agrees to minimize impact to the general public's use of District
property.
c.
Crews and equipment shall not exceed two crew members, one small
handheld camera with tripod, three lights, two scrims, and one station
vehicle. Shoots that require additional equipment may also require
additional permitting.
d. ln lieu of fees, other than the application
fee, Licensee agrees to partner
with the District to produce and air a commercial that will promote the
District during the off season.
2) Avila Beach
Surf School proposal (Attachment 3) submitted by Justin Hodges for
operation of surf instruction and a summer surf camp. The rental of wet-suits and
paddleboards included in the proposal will not be on District property. Justin
Hodges currently has a license to provide a sud instruction business by
appointment. He is currently not allowed to operate in the area of the mouth of
San Luis Creek due to the capacity issues discussed above. Mr. Hodges was
asked to submit a proposal for consideration of the 2014 license year because
his license for 2013 was approved outside of the normal RFP process. The
proposal submitted by Mr. Hodges requests an increase in allowed uses of
District property including a summer camp program and urse of the mou¡th of the
creek. Capacity is an issue in this proposal due to the impact on the location and
the policy to limit licenses to two like businesses. The renewal of a license is
recommended for surf instruction. The following was considered for additional
proposed uses:
a. The
District reached capacity for two day camp programs including the
Junior Lifeguard Program and Van Curaza Surf Camps. Mr. Hodges
requested that he be allowed to offer surf day camps when the Junior
Lifeguard Program season has ended The Property Committee stated
that they would entertain this request. The attached draft license
agreement includes language to allow for off-season surf camps.
(Attachment 4). For the purposes of this license Day camps are defined as
2014 Annual License Requests
4
November 19,2013
providing more than three hour supervision for school age children on a
daily or weekly basis.
b. Staff recommends that the Harbor Commission continue to limit use of the
mouth of the creek. A competitive process for the mouth of the creek is
expected for 2016 licenses, at which time Mr. Hodges may submit
a
proposal.
ln addition staff recommends the following restriction:
c. Licensee agrees to educate renters of equipment
and ensure that they
follow all Coast Guard regulations and District safety procedures.
3) Central Coast Kayaks, Pacific Outfitters proposal (Attachment 5) submitted by
Paul Schiro requested an amendment to his current license to include rental of
SUPs and Australian surf skis, yoga instruction on SUPs and beach fitness
classes. Paul Schiro currently has a license to provide kayak rental and
instruction using up to 200 square feet on Olde Porl Beach & Avila Beach. He
also has permission to use Fisherman's Beach. . An amendment to the license
is recommended with the following special conditions.
a.
Rental of paddleboards and Australian surf skis not be allowed until the
District has completed a project for safe operations of human powered
vessels. The Propedy Committee recommends that the safety project be
discussed with an ad hoc committee, possibly an ad hoc mooring
committee, and to include input from licensees, lessees and other
interested users.
b. The area for the rental of additional equipment be no
larger than the
currently allowed area of 200 square feet and be limited to kayaks, SUPs
and Australian surf skis when District allows such use and has
implemented
safety plan.
addition, the Property Committee
recommended that the area to be identified for operations be on the east
side of the launch ramp on Olde Port Beach and to limit vehicle access to
the beach to a small section just west of the launch ramp.
a
ln
c. All equipment shall meet Coast Guard rules and regulations for human
powered vessels. Licensee agrees to edurcate and enforce use of flotation
devices and whistles (or other devices for making an efficient sound) for
all customers.
d.
Licensee agrees to have a methodology to monitor customer safety and to
provide rescue efforts if necessary.
e.
Licensee agrees to limit number of yoga class participants to six.
f.
Fitness classes on the beach may not limit access of the general public
and must be contained in the current 200 square feet allotted.
g
Any area that is set-up on the District beaches shall identify itself
Central Coast Kayaks, Pacific Outfitters.
as
2014 Annual License Requests
November 19,2013
h. Licensee shall not allow paddleboard
5
renters or yoga paddleboard classes
to enter or exit the water at the mouth of the creek or to use any of the
public docks.
The three attached draft license agreements also include language that will not allow
licensee to sub-assign license to other business entities and all licensee's equipment be
clearly marked with licensee's business name.
The Property Committee also recommended the development of a procedure to identify
consequences of not complying with the License terms and conditions. For example,
for a minor infraction- 1)the first occurrence will result in issuing a written warning,2)
the second occurrence will result in revocation of the license for a 2 week period, 3) the
third occurrence will result in revocation of the license for 4 week period, and 4) the
fourth occurrence will result in termination of a license.
Ed Powers dba Quine's Enterprises submitted a request for expansion of his designated
area. Staff has asked Mr. Powers to submit a more detailed plan. The plan is expected
to be presented at the next scheduled Properly Committee meeting.
Local public agency "projects" require compliance with the California Environmental
Quality Act (CEQA).The issuance of a license for the proposed uses does not meet the
definition of a "project" as stated in the California Public Resources Code Section 21065
and as follows:
"Project" means an activity which may cause either a direct physical change in
the environment, or a reasonably foreseeable indirect physical change in the
environment, and which is any of the following:
(a) An activity directly undertaken by any public agency.
(b) An activity undertaken by a person which is supporled, in whole or in part,
through contracts, grants, subsidies, loans, or other forms of assistance from one
or more public agencies.
(c) An activity that involves the issuance to a person of a lease, permit, license,
certificate, or other entitlement for use by one or more public agencies.
CEQA compliance is not applicable to the above licenses. The District has historically
allowed use of District property for the above activities. This continued practice is not
expected to cause a direct or indirect physical change in the environment.
Staff recommends that the Harbor Commission approve the issuance of a license to
KSBY-TV, the renewal and amendment of Avila Beach Surf School license for 2014,
and an amendment to Central Coast Kayaks, Pacific Outfitters license agreement as
proposed but potlions delayed until human powered vessel safety isSues have been
addressed.
Attachments: 1- KSBY-TV Proposal
2- KSBY draft license agreement
3- Avila Beach Surf School Proposal
4- Avila Beach Surf School draft license agreement
5- Central Coast Kayaks, Pacific Outfitters Proposal
6- Central Coast Kayaks, Pacific Outfitters Proposaldraft license agreement
HARBOR COMMISSION BOARD MEETING
Minutes November 19, 2013
Commissioners present
Drew Brandy, Jim Blecha, Dave Kirk, Bill Barrow and Brian
Kreowski
Commissioners absent:
None
Staff present ffor Closed Sessionl
Steve McGrath, Harbor Manager and Phil Sexton,
Treasurer
Staff present for Open Sessíon]
Steve McGrath, Harbor Manager; Julie van Hoff, Business
Manager; Loch Dreizler, Facilities Manager, and Phil
Sexton, Treasurer
Legal Counsel present:
Jeff Minnery [for Closed Session only]
CALL TO ORDER / PUBLIC COMMENT
President Brandy called the meeting to order at 5:04 p.m. There was no public comment.
CLOSED SESS¡ON
President Brandy adjourned to closed session at 5:04 p.m., Pursuant to Government Code
S54956.9(d)(2): Conference with legal counsel - Anticipation of litigation. Number of potential
cases: one (1).
Pursuant to Government Code $54956.9(a): Conference with legal counsel- Existing Litigation,
Ryan Vincent Hakes vs. Port San Luls Harbor District.
Pursuant to Government Code $54957: Annual performance evaluation
-
Harbor Manager.
ADJOURN TO OPEN SESSION / ROLL CALL / FLAG SALUTE
President Brandy adjourned to open session at 6:03 p.m. and advised that the Board took no
action in closed session.
President Brandy led the flag salute.
PUBLIC COMMENT
President Brandy invited comments from the public. There was no public comment.
Minutes November 19, 2013
Page 2 of
I
CONSENT ITEMS
Presídent Brandy asked the Commissioners if they would like to pull any Consent ltems for
discussion, and Consent ltems A. Activity Reports, B. Treasurer's Repoft, and l. Mooring Permit
were pulled.
President Brandy invited comments from the public on the remaining Consent ltems. There was
no public comment.
Upon a motion duly made and seconded, the following Consent ltems were unanimously
approved without discussion:
C. Monthly Payables: November 2013 payables,
D. Minutes for October 22,2013 were approved
October check register were approved
E. Lighthouse Keepers: October activity report was received
F. l=t Quarter Financial Statement: was approved as submitted
G. l't Quarter Rent Report: was approved as submitted
H. Galifornia Association of Harbor Masters & Port Captains:
Conference report was
received
DISCUSSION ITEMS
IT
LEVY & H
IM:
Accountant Heather Zacker, who was in attendance for the early portion of the meeting,
introduced Travis Hole from Moss, Levy & Hartzheim.
Mr. Hole presented his company's audit report and addressed questions from the Board. Mr.
Hole said the report reflects that the District is in good financial shape with no discrepancies.
The item was informational only and required no action be taken.
DISCUSSION ITEM BI ANNUAL LICENSES: RECOMMEND
OF REQUESTS FOR 2014 MONTHLY REVOCABLE LICENSES:
AL AND/OR DENIAL
Business Manager Julie van Hoff introduced the item and advised the District received three
requests for licenses to do business on District property in response to the Request for
Proposals (RFP); one from Brandon Downing, Director of Marketing for KSBY-TV, to shoot local
TV commercials on District property, one from Justin Hodges for the continued operation of
Avila Beach Surf School, and a request from Paul Schiro of Central Coast Kayaks, Pacific
Outfitters, to amend his license to include Stand-up Paddleboard (SUP) rentals and other
services.
President Brandy directed that each of the three proposed licenses be discussed separately.
KSBY-TV License Request:
Business Manager Julie van Hoff introduced the matter concerning a license request from
KSBY-TV, and she advised that Brandon Downing, Director of Marketing for KSBY-TV, was in
attendance at the meeting to address any questions.
Minutes November 19, 2013
Page 3 of I
Ïhe Commissioners discussed issuance of the license to KSBY-TV and their questions were
addressed by staff and Mr. Downing.
President Brandy invited comments from the public.
Anne Brown, Avila Beach, inquired as to the type of commercials KSBY-TV intends to make.
John Rosson, Avila Beach, asked a question about the number of businesses in Avila Beach.
Mary Matakovich, Avila Beach, asked if the lícense will include a limit to the number of
commercials KSBY-TV will be allowed to film each year. Staff advised that the license
agreement does not include a limit on the number of commercials. Mr. Downing indicated the
number of commercials would most likely be less than a dozen in a year.
Christine Cornejo asked for and received clarification with regard to the license fee due from
KSBY-TV.
There was no further public comment and the following action was taken:
Action:
Commissioner Blecha moved to approve 2014 License Agreement with KSBY-TV to shoot local
commercial scenes; authorize Harbor Manager to execute agreement. Commissioner Barrow
seconded. The motion passed unanimously, 5-0.
Avila Beach Surf School License Renewal Request:
Business Manager Julie van Hoff introduced the matter concerning a lícense request from Justin
Hodges dba Avila Beach Surf School.
The Commissioners discussed the proposed license for Avila Beach Surf School and their
questions were addressed by staff.
President Brandy invited comments from the public.
Justin Hodges, Avila Beach, thanked the Commissioners for the opportunity to conduct
business on the beach. Mr. Hodges said he is currently limited to operating on the east side of
Avila beach and he hopes the Harbor District can find a way to allow all surf camps access to
the mouth of the creek, especially during times when that area is not being used.
Vince Shay, Avila Beach Paddlesports, said he agrees with Mr. Hodges with respect to allowing
him access to the mouth of the creek during the times when no one else is at that location.
There was no further public comment and the following action was taken:
Action:
Commissioner Blecha moved to approve renewal of License Agreement with Justin Hodges dba
Avila Beach Surf School to provide surf lessons and to amend license to allow off-seasón1 surf
school; authorize Harbor Manager to execute agreement. Commissioner Kreowski seconded.
The motion passed unanimously, 5-0.
lHarbor
Manager McGrath confirmed for Commissioner Blecha that the District's 'season' is generally
considered to be the time period when lifeguards are on the beach, April through October. Off-season is
considered to be November through March.
Minutes November 19, 2013
Page 4 of
I
Gentral Coast Kayaks, Pacific Outfitters License Amendment Request:
Business Manager Julie van Hoff introduced the matter concerning a request from Paul Schiro
to amend the license issued to Central Coast Kayaks.
The Commissíoners discussed the proposed license amendment and a consensus formed that
any 'Human Powered Vessel' (HPV) safety program stipulation would need to apply to all
licensees who rent HPVs, and that compliance with all Coast Guard regulations applies to all
licensees.
President Brandy invíted comments from the public.
Vince Shay, Avila Beach Paddlesports, said his company has a system in place to provide their
customers with safety information that complies with Coast Guard regulations. Mr. Shay also
commented on the requirement for licensees to mark all equipment with their company name.
Justin Hodges, Avila Beach Surf School, asked for and received clarification regarding when
Central Coast Kayaks would be able to start with the provisions of the license amendment.
There was no further public comment and the following action was taken:
Action:
Commissioner Blecha moved to approve amendments to License Agreement with Paul Schiro
dba Central Coast Kayaks, Pacific Outfitters providing rental of kayaks, SUPs, Australian surf
skis, yoga instruction on SUPs, and ocean and beach fitness classes; authorize Harbor
Manager to execute agreement. Commissioner Kreowski seconded. The motion passed
unanimously, 5-0.
Presídent Brandy announced a brief recess and the meeting reconvened at7:23 p.m.
DISGUSSION ITEM CI PUBLIG HEARING - MOORING PERMIT CANGELLATIONS:
MOORING NUMBERS 64I (BROWN) AND 662IGLAZIER):
President Brandy opened the public hearing at7:24 p.m.
Business Manager Julie van Hoff presented the item and addressed questions from the board.
President Brandy invited comments from the public.
There was no public comment and the following action was taken:
Aç!!.q:
Commissioner Blecha moved to cancel Mooring Permits 641 (Brown) and 662 (Glazier); and
authorize staff to lien vessels as appropriate, pull moorings and store, and apply buy-back value
of mooring to past due balance. Commissioner Barrow seconded. The motion passed
unanimously, 5-0.
Following discussion among the Commissioners, President Brandy directed a reordering of the remaining Discussion ltems, and ltems F and E were addressed ahead of
Item D.
Minutes November 19, 2013
Page 8 of
I
ADJOURNMENT
The meeting adjourned at 10:45 p.m. to the next scheduled meeting on Tuesday, December 17,
2Q13 at 2:00 p.m.
Drew
Attest:
Kirk, Secretary
Submitted by: Linnette Ganster, Administrative Secretary
ø7/13/2ø12 14:59
PORT SAN LUIS HAFffR
8455985494
\J
\J
PORT-âAil IUIS
DISTRIGT
Application/Pemit
2Ol2 Limited Use Li
App ican:. lníornr at ion
I
t3.
e
Namo
l^
, Com
e$
i în ilt,tlro.-'
dive
/?(
tE (ø -t tvr
PÓ,
5",
tJeo,
V
d
6'O
?
ZL/
¿
lppll¡antwifl be responsible fqr aotlons of gueda and class mambrs-
Distil:i Pro¡rert ì//here ln srrLrction \ c rtil I iiy 0ccti
tr Avlle Beach€ast of Pler þ Avìla BeechltVastcf Pler u Olde Port Beadt
Êats) cí
tr Ottnr:
.[-orh
Fhr:rt
H¡
l5
srlJa*
trtlhçtr
Fh
Da:es ani
Ê¡tußE¡Y
@
T;r'rr
than
Houle
ÞølTø f9vd
SVq OIS
L¿¿TT8L9ø8 6ø=ÞT ZWZ/EI/LØ
© Copyright 2024 ExpyDoc
