December 12, 2018
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Everard Ashworth, Chairman
Brian Brennan, Vice Chairman
Chris Stephens, Commissioner
Jean Getchell, 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
DECEMBER 12, 2018 AT 7:00PM
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
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 Everard Ashworth.
PLEDGE OF ALLEGIANCE: By Chairman Everard Ashworth.
ROLL CALL: By the Clerk of the Board.
ELECTION OF SECRETARY
Pursuant to the Harbors and Navigation Code 6241.1 and 6248, the Board shall select a new Secretary.
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 (Port District Business-Meetings & Agendas). Each item on the agenda shall be deemed to include action by an appropriate motion, resolution or ordinance.
APPROVAL OF MINUTES (3 minutes)
The Minutes of the November 14, 2018 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, seminars, meetings and literature that would be of interest to the public and/or Commission, as a whole. In addition, Port Commissioners should 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 persons:
a) Deputy General Manager, Brian Pendleton to travel to Newport Beach, California to participate in the CMANC Winter Meeting;
b) Dredging Consultant, Richard Parsons to travel to Newport Beach, California to participate in the CMANC Winter Meeting;
c) Commissioner, Brian Brennan to travel to Newport Beach, California to participate in the CMANC Winter Meeting;
d) Marketing Manager, Jennifer Talt-Lundin to travel to San Diego, California to participate in the Adventure & Travel Consumer Show with Ventura County Coast; and,
e) Marketing Manager, Jennifer Talt-Lundin to travel to Palos Verdes, California to participate in the Visit California Annual Outlook Forum.
B) Approval of New Office Lease for Power & Process Engineers
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 Power & Process Engineers for the premises located at 1559 Spinnaker Drive #201 consisting of a total of 350 square feet for a one (1) year term.
C) Approval of Revised Board of Port Commissioners Protocols and Policies Manual
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve updates to the Board of Port Commissioners Protocols and Policies Manual.
D) Annual Reserve Policy Review
Recommended Action: Voice Vote.
That the Board of Port Commissioners accept the current Ventura Port District Reserve Policy, Resolution No. 3225, dated August 28, 2013.
E) Annual Investment Policy Review
Recommended Action: Voice Vote.
That the Board of Port Commissioners accept the current Ventura Port District Investment Policy, Resolution No. 3345, dated January 10, 2018.
F) Memorandum of Agreement with the City of Ventura for Ventura Harbor Keys Water Quality Monitoring
Recommended Action: Voice Vote.
That the Board of Port Commissioners authorize the General Manager to enter into a Memorandum of Agreement with the City of Ventura to provide equal cost sharing for the Ventura Harbor Keys Surface Water Quality Monitoring and Reporting Program in an amount not-to-exceed $120,000 with the Port District’s cost share in an amount not-to-exceed $60,000 over a 30-month period.
G) Consideration of Rejection of Claim by Chrysiliou Living Trust, Chrysilious Chrysiliou and Belinda Chrysiliou Trustees, and RDPH Properties, Inc.
Recommended Action: Voice Vote.
That the Board of Port Commissioners take action to reject a claim filed against the Ventura Port District on November 5, 2018 by Chrysiliou Living Trust, Chrysilious Chrysiliou and Belinda Chrysiliou Trustees, and RDPH Properties, Inc. and authorize the General Manager to execute and mail a Notice of Rejection.
H) Approval of Letter to the City Manager Concerning Road Conditions
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a letter to the City Manager concerning road conditions within the Ventura Port District.
STANDARD AGENDA:
1) Approval of Harbor Village Painting Project (30 minutes)
Recommended Action: Voice Vote.
That the Board of Port Commissioners receive a presentation and give direction regarding the proposed Harbor Village paint, signage and awning designs.
2) Consideration of Legal Fees (10 minutes)
Recommended Action: Voice Vote.
That the Board of Port Commissioners consider for approval the proposed hourly rates for the calendar year 2019, and the proposed range for hourly rates for the calendar year 2020.
3) Parcels 5 and 8 Development (10 minutes)
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
a) Receive a report regarding the expiration of the Pre-Option Agreement between the Ventura Port District and H. Parker Hospitality for the development of Parcels 5 and 8; and,
b) Authorize District Legal Counsel to initiate quiet title actions for Parcels 5 and 8.
AGENDA PLANNING GUIDE AND REQUEST FOR FUTURE AGENDA ITEMS
ADJOURNMENT
This agenda was posted on Friday, December 7, 2018 by 5:00 p.m. at the Port District Office and on the Internet – www.venturaharbor.com (Port District Business-Meetings & 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, DECEMBER 12, 2018
1. Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
1583 Spinnaker Drive #104B, #105
Oscar Peña, Brian Pendleton, Timothy Gosney New Retail Lease with Health Minded, Corp. dba Frenchies Modern Nail Care |
| b) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
1575 Spinnaker Drive #108
Oscar Peña, Brian Pendleton, Timothy Gosney Mahesh and Heeru Gehani dba Casa De Regalos Proposed New Retail Lease |
| c) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
1559 Spinnaker Drive, Suite #201
Oscar Peña, Brian Pendleton, Timothy Gosney John Howard dba Power & Process Engineers New Office Lease (Renewal) |
| d) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
1410 Angler Court
Oscar Peña, Brian Pendleton, Timothy Gosney Karen Dupuy dba Harbor Boat and Self-Storage New Sublease (Verbal Report) |
| e) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
Federal Authorized Sea Bottom
Oscar Peña, Brian Pendleton, Timothy Gosney Army Corps of Engineers Sea Bottom Aquaculture Master Permit (Verbal Report) |
| f) Property:
Negotiating Parties: Proposed Lessee: Under Negotiation: |
Parcel 5 and Parcel 8
Oscar Peña, Brian Pendleton, Timothy Gosney H. Parker Hospitality Lease Negotiations (Verbal Report) |
2. Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation pursuant to Section 54956.9(d)(2): One (1) case. (Verbal Report)
3. Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation under Section 54956.9(d)(2) due to claim filed by Chrysiliou Living Trust, Chrysilious Chrysiliou and Belinda Chrysiliou Trustees, and RDPH Properties, Inc. (Verbal Report)
4. 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)
5. Public Employee Performance Evaluation per Government Code Section 54957: a) Lagerlof, Senecal, Gosney & Kruse, Legal Counsel b) Oscar Peña, General Manager