March 20, 2019

VENTURA PORT DISTRICT BOARD OF PORT COMMISSIONERS

Chris Stephens, Chairman

Brian Brennan, Vice Chairman

Jean Getchell, Secretary

Everard Ashworth, Commissioner

Jackie Gardina, Commissioner

 

Oscar Peña, General Manager

Brian Pendleton, Deputy General Manager

Timothy Gosney, Legal Counsel

Jessica Rauch, Clerk of the Board

PORT COMMISSION AGENDA

REGULAR MEETING

MARCH 20, 2019 AT 7:00PM

VENTURA PORT DISTRICT OFFICE

1603 ANCHORS WAY DRIVE, VENTURA, CA

A Closed Session of the Board will be held at 5:30PM 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 Chairman Chris Stephens.

PLEDGE OF ALLEGIANCE: By Chairman Chris Stephens.

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 February 20, 2019 Regular 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 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) Approval of Out of Town Travel Requests

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve the out of town travel requests for the following employees:

  1. Maintenance Supervisor, Sergio Gonzalez to travel to Long Beach, CA to participate in the Annual ManagerPlus Software Training Seminar;
  2. Harbormaster, John Higgins to travel to Newport, Oregon to participate in the Pacific Congress of Harbormasters Conference; and
  3. Marketing Manager, Jennifer Talt-Lundin to travel to Monterey, CA to participate in the Central Coast Tourism Annual Board Retreat and Meeting.

 B) Approval of 2019 Lifeguard Services Contract

Recommended Action: Voice Vote.

That the Board of Port Commissioners authorizes the General Manager to enter into a contract with State Parks to provide Lifeguard Services from mid-May 2019 through Labor Day 2019 at Harbor Cove and Surfers Knoll beaches for $88,682.40.

STANDARD AGENDA:

1) Coastal Marine Biolabs Current Activities Presentation (15 minutes)

Recommended Action: Informational.

That the Board of Port Commissioners receive a presentation from Coastal Marine Biolabs on their current activities.

2) Approval of Financial Statements and Checks for July through September 2018 (5 minutes)

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners adopts Resolution No. 3368 to:

  1. Accept the following financial statements for the Quarter ended September 30, 2018; and
  2. Review the payroll and regular checks for July through September 2018.

3) Approval of Notice of Proposed Ordinance No. 52 for the Amendment of Ordinance No. 48 (5 minutes)

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners adopt Resolution No. 3368 authorizing the Ventura Port District to publish a Notice of Proposed Ordinance No. 52 for the Amendment of Ordinance No. 48 in a newspaper of general circulation.

4) Proposed Lease Management Policy for Ventura Harbor Village (15 minutes)

Recommended Action: Informational Report.

That the Board of Port Commissioners receive an informational report concerning a proposed Lease Management Policy for Ventura Harbor Village.

REQUEST FOR FUTURE AGENDA ITEMS

 ADJOURNMENT   

This agenda was posted on Friday, March 15, 2018 by 5:00 p.m. at the Port District Office and on the Internet – www.venturaharbor.com.

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, MARCH 20, 2019

 

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

Negotiating Parties:

Under Negotiation:

1410 Angler Court

Oscar Peña, Brian Pendleton, Timothy Gosney

Karen Dupuy dba Harbor Boat and Self-Storage

New Sublease

b) Property:

Negotiating Parties:

Under Negotiation:

Federal Authorized Sea Bottom

Oscar Peña, Brian Pendleton, Timothy Gosney

Army Corps of Engineers

Sea Bottom Aquaculture Master Permit

(Verbal Report)

 

  1. Conference with Legal Counsel – Anticipated Litigation:  Significant exposure to litigation pursuant to Section 54956.9(d)(4): One (1) case. (Verbal Report)
  2. Conference with Legal Counsel – Pending Litigation per Section 54956.9(d)(1):  Chrysiliou Living Trust, et. al, v. Ventura Port District, Case No. 56-2018-CU-PA-VTA. (Verbal Report)
  3. 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)
  4. Conference with Legal Counsel – Pending Litigation per Government Code Section 54956.9(d)(1): Sandra Aiken, Ashley Hwang, Janice Hwang, and Priscilla Levy vs. Ventura Port District Public Facilities Corporation DBA Ventura Harbor Village, and Does 1-20 Inclusive, Ventura Superior Court Case No. 56-2018-00513846-CU-MC-VTA. (Verbal Report)
  5. Conference per Government Code Section 54957(b)(1):  To consider appointment of a General Manager effective May 1, 2019 and to consider appointment of a Business Operations Manager. (Verbal Report)
  6. Conference with Labor NegotiatorsPer Government Code Section6:
a) Employee Units:

Groups:

Negotiating Parties:

Under Negotiation:

Part-Time Harbor Patrol Officers

Service Employees International Union (SEIU), Local 721

Oscar Peña, Brian Pendleton, John Higgins, Timothy Gosney

Labor Negotiations