June 19, 2019

VENTURA PORT DISTRICT

BOARD OF PORT COMMISSIONERS

 

Chris Stephens, Chairman

Brian Brennan, Vice Chairman

Jean Getchell, Secretary

Everard Ashworth, Commissioner

Jackie Gardina, Commissioner

 

Brian Pendleton, General Manager

Oscar Peña, Business Operations Manager

Timothy Gosney, Legal Counsel

Jessica Rauch, Clerk of the Board

PORT COMMISSION AGENDA

REGULAR MEETING

JUNE 19, 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 May 15, 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 out of town travel requests for General Manager, Brian Pendleton to attend the California Special Districts Association General Manager Leadership Summit in Newport Beach, CA.

 

B. Termination of Current Office Lease Agreement and Approval of New Office Lease Agreement for Ken Caparoni dba State Farm Agent

 

Recommended Action: Voice Vote.

That the Board of Port Commissioners:

  1. Approve the termination of a lease agreement, dated April 1, 2017, for the premises located at 1583 Spinnaker Drive #210, consisting of 637 square feet; and
  2. Approve a new office lease agreement for the premises located at 1583 Spinnaker Drive #210, consisting of 637 square feet between the Ventura Port District dba Ventura Harbor Village and Ken Caparoni dba State Farm Agent for a three-year term with a three-year option with no tenant improvements.

C. Approval of Lease Termination Agreement for Beer and Sausage, LLC, a California LLC dba BS Taproom/Beer Season

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve the Lease Termination Agreement between the District and Beer and Sausage, LLC, a California LLC dba BS Taproom/Beer Season for the space located at 1591 Spinnaker Drive, #113/#115.

D. Approval of Office Lease Assignment to Terraform Productions, Inc.

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve the Assignment and Assumption of Lease and Consent of Landlord Agreement between Frankie Marc Anthony, Terraform Productions, Inc., and the Ventura Port District for the lease of the premises located at 1583 Spinnaker Drive #211.

STANDARD AGENDA:

1) Approval of Fiscal Year 2019-2020 Final Budget and Five Year Capital Improvement Plan

(30 minutes)

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners:

  1. Adopt Resolution No. 3374, approving the Fiscal Year 2019-20 Ventura Port District Budget and Five Year Capital Improvement Plan (CIP); and
  2. Adopt Resolution No. 3375, establishing the Salary Schedule for Non-represented Employees for the Fiscal Year 2019-20.

2) Approval of Professional Services Agreement with Swift Chip for Information Technology Services for FY2019-2020 (10 minutes)

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve the FY19-20 Professional Services Agreement with Swift Chip not to exceed $115,000 for District Information Technology services.

3) One-Ton Derrick Crane Procurement (10 minutes)

Recommended Action: Voice Vote.

That the Board of Port Commissioners:

  1. Find that the General Manager has made a good faith determination that a sole source procurement opportunity has been presented to the District; and
  2. Authorize the sole source procurement of a one ton derrick crane from Allied Power Products, Inc. in the amount of $141,273.

4) Authorization to Purchase a Block Volvo Diesel Engine for Harbor Patrol Fire Boat (5 minutes)

Recommended Action: Voice Vote.

That the Board of Port Commissioners authorizes the General Manager to purchase a Long Block Volvo Diesel Engine and provide part exchange from Pacific Marine Repair under a Sole Source Procurement consistent with Section IV (A)(1)(4) of the Procurement and Purchasing Policy in the amount of $30,200.

5) Consideration of Agenda Reorganization (5 minutes)

Recommended Action: Voice Vote.

That the Board of Port Commissioners consider the reorganization of the meeting agenda to provide additional opportunities for public comment on closed session matters.

6) Response to Letter, Dated April 18, 2019 (15 minutes)

Recommended Action: Voice Vote.

That the Board of Port Commissioners receive an informational report in response to a letter, dated April 18, 2019, subject “Requested May 6, 2019 City Council Agenda Item Re Ventura Port District,” and provide direction to staff as appropriate

REQUEST FOR FUTURE AGENDA ITEMS

ADJOURNMENT     

This agenda was posted on Friday, June 14, 2019 by 5:00 p.m. at the Port District Office and at 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, JUNE 19, 2019

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

Negotiating Parties:

Under Negotiation:

 

1583 Spinnaker Drive #210

Brian Pendleton, Timothy Gosney

Ken Caparoni dba Ken Caparoni State Farm Agent

Lease Termination and New Office Lease

b) Property:

Negotiating Parties:

Under Negotiation:

1583 Spinnaker Drive #211

Brian Pendleton, Timothy Gosney

Frankie Marc Anthony, Terraform Productions, Inc.

Office Lease Assignment and Assumption

c) Property:

Negotiating Parties:

Under Negotiation:

1415 Spinnaker Drive

Brian Pendleton, Oscar Peña, Timothy Gosney

Ventura Harbor Boatyard, Inc.

Assignment of Lease (Verbal Report)

d) Property:

Negotiating Parties:

Under Negotiation:

Federal Authorized Sea Bottom

Brian Pendleton, Oscar Peña, Timothy Gosney

Army Corps of Engineers

Sea Bottom Aquaculture Master Permit

  1. 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.
  2. 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.
  3. Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): Two (2) Cases.

 

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