January 27, 2016

VENTURA PORT DISTRICT

BOARD OF PORT COMMISSIONERS

Jim Friedman, Chairman

Everard Ashworth, Vice Chairman

Bruce E. Smith, Commissioner

Gregory Carson, Commissioner

Nikos Valance, Commissioner

 

Oscar Peña, General Manager

Timothy Gosney, Legal Counsel

Jessica Rauch, Clerk of the Board

PORT COMMISSION AGENDA

REGULAR MEETING

JANUARY 27, 2016 AT 7:00PM

VENTURA PORT DISTRICT OFFICE

1603 ANCHORS WAY DRIVE, VENTURA, CA

A Closed Session of the Board will be held at 6:00PM at the Four Points by Sheraton Hotel – Schooner Room 1050 Schooner 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 Chair Jim Friedman.

PLEDGE OF ALLEGIANCE: By Chair, Jim Friedman.

ROLL CALL: By the Clerk of the Board.

ADOPTION OF AGENDA (5 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 (Public Notices). 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

The Minutes of the January 13, 2016 workshop 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 contacts or meetings he or she may have had with any Port District Tenants.

DEPARTMENTAL STAFF REPORTS (10 minutes)

Ventura Port District Staff will give the Commission reports on their Department.

UPDATE OF HARBOR CHANNEL – Harbormaster, John Higgins (15 minutes)

GENERAL MANAGER REPORT (5 minutes)

The General Manager of the Ventura Port District will report on 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 Financial Statements and Checks for the month of November 2015

Recommended Action: Resolution No. 3292.

That the Board of Port Commissioners adopt Resolution No. 3292 accepting and approving the Financial Statements, Payroll and Regular Checks for expenses in November 2015.

B) Approval of New Retail Lease Agreement for Beach Break Surf Shop

Recommended Action: Motion.

That the Board of Port Commissioners approve by motion a new retail lease agreement for the premises located at 1575 Spinnaker Drive #108 consisting of 990 square feet between the Ventura Port District dba Ventura Harbor Village and Beach Break Surf Shop for a two-year term.

C) Approval of Three (3) Out of Town Travel Requests

Recommended Action: Motion.

That the Board of Port Commissioners approve by motion the Out of Town Travel Requests for Consultant, Richard Parsons, Commissioner Everard Ashworth, and Commissioner Greg Carson.

D) Notice of Completion for the Installation of a One Ton Derrick Crane

Recommended Action: Resolution No. 3293.

That the Board of Port Commissioners adopt Resolution No. 3293, accepting the work of Cushman Contracting Corporation for the installation of a one ton derrick crane and authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.

STANDARD AGENDA:

1)         Approval of Fiscal Year 2014-2015 Audit

Recommended Action: Motion.

That the Board of Port Commissioners approve the acceptance of the Basic Financial Statements and Supplementary Information with Independent Auditor’s Report for the Year Ended June 30, 2015, prepared by White Nelson Diehl Evans, LLP.

2)         Approval of Resolution Authorizing First Amendments to the 2008 and 2009 Refunding Certificates of Participation

Recommended Action: Resolution No. 3294

That the Board of Port Commissioners adopt Resolution No. 3294, authorizing the execution and delivery of a First Amendment to the 2008 Installment Purchase Agreement, a First Amendment to the 2009 Installment Purchase Agreement and related matters in connection therewith.

At this time the Port Commission will adjourn and convene as the Board of Directors of the Ventura Port District Public Facilities Corporation.

Board of Directors of the Ventura Port District Public Facilities Corporation

AGENDA

Call to Order the Annual Meeting of the Ventura Port District Public Facilities Corporation

 Election of Officers: President, Vice President, Secretary

 Ratify the Minutes of the Meeting held January 22, 2014

 Approval of Resolution Authorizing First Amendment to 2008 Installment Purchase Agreement

Recommended Action: Resolution No. 127.

That the Board of Directors of the Public Facilities Corporation adopt Resolution No. 127, authorizing the execution and delivery of a First Amendment to the 2008 Installment Purchase Agreement and related matters in connection therewith.

Adjourn the Annual Meeting of the Public Facilities Corporation

Reconvene the Regular Meeting of the

Ventura Port District Board of Port Commissioners.

3)         Discussion Regarding Possible Refinancing of the District’s Department of Boating and Waterways Loans

Recommended Action: Motion.

That the Board of Port Commissioners authorize the General Manager to begin discussions with Brandis Tallman LLC for the purpose of refinancing the District’s two consolidated loans with the Department of Boating and Waterways.

4) Approval of Mid-Year Budget Adjustments for Fiscal Year 2015 – 2016

Recommended Action: Resolution No. 3295.

That the Board of Port Commissioners adopt Resolution No. 3295 authorizing the Mid-Year Budget Adjustments for Fiscal Year 2015 – 2016.

5) Update on Emergency Conditions at 1691 Spinnaker Drive

Recommended Action: 4/5ths vote.

That the Board of Port Commissioners determine by a four-fifths vote that there is a need to continue the emergency action adopted by the Board on January 13, 2016 to award a contract to Letner Roofing Company to replace the tile roof system on 1691 Spinnaker Drive without giving notice for bids to let a contract.

REQUEST FOR FUTURE AGENDA ITEMS

ADJOURNMENT   

This agenda was posted on Friday, January 22, 2016 at 5:00 p.m. at the Port District Office and on the Internet – www.venturaharbor.com (Port Commission).

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, JANUARY 27, 2016

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

Negotiating Parties:

Under Negotiation:

1575 Spinnaker Drive #108

Oscar Pena, Brian Pendleton, Timothy Gosney

Beach Break Surf Shop New Retail Lease

b) Property:

Negotiating Parties:

Under Negotiation:

1363 Spinnaker Drive, Parcels 2 & 3

Oscar Peña, Brian Pendleton, Timothy Gosney

Ventura Isle Marina Lease Assignment