December 18, 2019

VENTURA PORT DISTRICT

BOARD OF PORT COMMISSIONERS

Chris Stephens, Chairman

Brian Brennan, Vice Chairman

Jackie Gardina, Secretary

Everard Ashworth, Commissioner

Michael Blumenberg, Commissioner

 

Brian D. Pendleton, General Manager

Todd Mitchell, Business Operations Manager

Andy Turner, Legal Counsel

Jessica Rauch, Clerk of the Board

PORT COMMISSION AGENDA

REGULAR MEETING

DECEMBER 18, 2019

VENTURA PORT DISTRICT OFFICE

1603 ANCHORS WAY DRIVE

VENTURA, CA 93001

CALL TO ORDER: By Chairman Chris Stephens.

ROLL CALL: By the Clerk of the Board.

PUBLIC COMMUNICATIONS (3 minutes)

The Public Communications period is set aside to allow public testimony on items on the Closed Session Agenda. Each person may address the Commission for up to three minutes or at the discretion of the Chair.

CLOSED SESSION AGENDA (1 hour 25 minutes)

See Attachment to Agenda-Closed Session Conference with Legal Counsel.

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 November 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)

Legal Counsel will report on progress of District assignments and any legislative or judicial matters.

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 following out of town travel requests for:

  1. A) Business Operations Manager, Todd Mitchell to attend the CMANC Winter Meeting in San Pedro, CA;
  2. B) Consultant, Richard Parsons to attend the CMANC Winter Meeting in San Pedro, CA; and
  3. C) Commissioner Brian Brennan to attend the CMANC Winter Meeting in San Pedro, CA;

B) 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.

C) 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.

D) Approval of 2016 Approved Minutes Revisions

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve the revisions to the September 14, 2016 regular meeting minutes, October 5, 2019 special meeting closed session and open session minutes, October 12, 2016 regular meeting minutes and November 9, 2016 regular meeting minutes.

E) Approval of New Retail Lease Agreement for Just 4 Dreamers, Inc.

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve a new Retail Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Just 4 Dreamers, Inc. for a five-year lease with three-year option.

F) Approval of New Office Lease Agreement for Bryan McGarry dba Anacapa Consulting

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 Bryan McGarry dba Anacapa Consulting for the premises located at 1559 Spinnaker Drive #207 consisting of a total of 455 square feet for a one (1) year term with a one year option.

G) Rescheduling of January 2020 Regular Port Commission Meeting

Recommended Action: Voice Vote.

That the Board of Port Commissioners cancel the January 15, 2020 regular meeting and reschedule it for January 22, 2020.

STANDARD AGENDA:

1) Adoption of Resolution No. 3381 Updating the Ventura Port District Human Resources Manual (30 minutes)

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners:

  1. Adopt Resolution No. 3381 updating the Ventura Port District Human Resources Manual;
  2. Direct the General Manager to retain professional consultant services to evaluate the District’s human resources procedures and administration and provide recommendations as appropriate.

2) Approval of Financial Statements and Checks for July through September 2019 (5 minutes)

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners adopts Resolution No. 3382 to:

  1. Accept the draft financial statements for the Quarter ended September 30, 2019, with the understanding that the accounting for June 30, 2019 year-end GASB 68 and 75 journal entries are still pending; and,
  2. Review the payroll and regular checks for July through September 2019.

3) Adoption of Resolution No. 3383 for the Creation of a Project Manager Position and Rescind Resolution No. 3375 (10 minutes)

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners adopt Resolution No. 3383 for the creation of a Project Manager position in the non-represented salary schedule and to rescind Resolution No. 3375 approved on June 19, 2019.

4) Ventura Port District Five Year Goals and Objectives (30 minutes)

Recommended Action:  Voice Vote.

That the Board of Port Commissioners approve the Ventura Port District Five Year Goals and Objectives.

 

ADJOURNMENT      

This agenda was posted on Friday, December 13, 2019 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, DECEMBER 18, 2019

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

Negotiating Parties:

 

Under Negotiation:

Federal Authorized Sea Bottom

Brian Pendleton, Todd Mitchell, Andy Turner

Army Corps of Engineers

Sea Bottom Aquaculture Master Permit (Verbal Report)

b) Property:

Negotiating Parties:

 

Under Negotiation:

1575 Spinnaker Drive #105B

Brian Pendleton, Todd Mitchell, Andy Turner

Just 4 Dreamers, Inc.

New Retail Lease Agreement (Verbal Report)

c)  Property:

Negotiating Parties:

 

Under Negotiation:

1559 Spinnaker Drive #207

Brian Pendleton, Todd Mitchell, Andy Turner

Bryan McGarry dba Anacapa Consulting

New Office Lease Agreement (Verbal Report)

  1. Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): Three (3) Cases. (Verbal Report)
  2. Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(4): One (1) Case. (Verbal Report)
  1. Conference per Government Code Section 54957(b)(1):  Two (2) matters. (Verbal Reports

Consideration of process for the 360 evaluation of General Manager
Consideration of evaluation of status of independent contractor, Richard W. Parsons
 

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