March 23, 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

MARCH 23, 2016 AT 7:00PM

VENTURA PORT DISTRICT OFFICE

1603 ANCHORS WAY DRIVE, VENTURA, CA

A Closed Session of the Board will be held at 5:00PM 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 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 March 9, 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 discussions he or she may have had with any Port District Tenants related to Port District business.

DEPARTMENTAL STAFF REPORTS (10 minutes)

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

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 New Office Lease Agreement for David A. Richard

Recommended Action: Motion.

That the Board of Port Commissioners approve a new office lease agreement for the premises located at 1591 Spinnaker Drive #205 consisting of 1,050 square feet between the Ventura Port District dba Ventura Harbor Village and David A. Richard for a two-year term.

B) Approval of New Office Lease Agreement for Ron Baldonado

Recommended Action: Motion.

That the Board of Port Commissioners approve a new office lease agreement for the premises located at 1591 Spinnaker Drive #201 consisting of 755 square feet between the Ventura Port District dba Ventura Harbor Village and Ron Baldonado for a two-year term.

C) Approval of New Retail Lease Agreement for Addicted to Socks

Recommended Action: Motion.

That the Board of Port Commissioners approve a new retail lease agreement for the premises located at 1575 Spinnaker Drive #107A consisting of 565 square feet between the Ventura Port District dba Ventura Harbor Village and Addicted to Socks for a two-year term.

D) Approval of Out of Town Travel Request

Recommended Action: Motion.

That the Board of Port Commissioners approve the Out of Town Travel Request for Harbormaster, John Higgins.

 E) Approval of Revisions to Exhibit A of the Procurement and Purchasing Policy

Recommended Action: Motion.

That the Board of Port Commissioners approve the revisions to Exhibit A – Ventura Port District Employee Procurement Status Chart of the Ventura Port District’s Procurement and Purchasing Policy.

STANDARD AGENDA:

1) Approval of Financial Statements and Checks for the month of January 2016 (5 minutes)

Recommended Action: Resolution No. 3300.

That the Board of Port Commissioners adopt Resolution No. 3300 accepting and approving the Financial Statements, Payroll and Regular Checks for expenses in January 2016.

2) Refinancing of the District’s DBAW Loans (1998 & 2005) (15 minutes)

Recommended Action: Resolution No. 3301.

That the Board of Port Commissioners adopt Resolution No. 3301 approving an installment purchase agreement and a private placement agreement, and authorizing the taking of certain actions in connection with the execution and delivery of Refunding Certificates of Participation, Series 2016 in the aggregate principal amount not to exceed $4,850,000.

3) Consideration of Adoption of Ordinance No. 50 (10 minutes)

Recommended Action: Ordinance No. 50.

That the Board of Port Commissioners:

  1. Conduct a public hearing for the purpose of receiving input on proposed Ordinance 50;
  2. Read proposed Ordinance No. 50 for the record; and
  3. Adopt Ordinance No. 50, which authorizes execution of the Lease between Ventura Port District and Del Mar Seafoods, Inc., 1449 Spinnaker Drive #C, #E, and #G.

4) Update on Emergency Conditions at 1691 Spinnaker Drive (5 minutes)

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.

5) Approval of New Expense Reimbursement Policy for Ventura Port District Employees (5 minutes)

Recommended Action: Resolution No. 3302.

That the Board of Port Commissioners adopt Resolution No. 3302, approving the new Ventura Port District Expense Reimbursement Policy for Employees and rescind Resolution No. 3046.

6) Approval of Revised Expense Reimbursement Policy for Port Commissioners (5 minutes)

Recommended Action: Resolution No. 3303.

That the Board of Port Commissioners adopt Resolution No. 3303, revising the Ventura Port District Expense Reimbursement Policy for Members of the Board of Port Commissioners, and rescinding Resolution No. 3266.

7) Discussion on Chairman Appointments (15 minutes)

Recommended Action: Resolution No. 3303.

That the Board of Port Commissioners discuss and take appropriate action on Chairman Appointments of the Board for liaison positions.

REQUEST FOR FUTURE AGENDA ITEMS

ADJOURNMENT   

This agenda was posted on Friday, March 18, 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, MARCH 23, 2016

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

Negotiating Parties:

Under Negotiation:

1591 Spinnaker Drive #205

Oscar Peña, Brian Pendleton, Timothy Gosney

David A. Richard Office Lease

b) Property:

Negotiating Parties:

Under Negotiation:

1591 Spinnaker Drive #201

Oscar Peña, Brian Pendleton, Timothy Gosney

Ron Baldonado Office Lease

c) Property:

Negotiating Parties:

Under Negotiation:

1575 Spinnaker Drive #107

Oscar Peña, Brian Pendleton, Timothy Gosney

Addicted to Socks New Retail Lease

d) Property:

Negotiating Parties:

Under Negotiation:

1559 Spinnaker Drive #108 & #109A

Oscar Peña, Brian Pendleton, Timothy Gosney

Ventura Dive & Sport New Leas

e) Property:

Negotiating Parties:

Under Negotiation:

1559 Spinnaker Drive #205A

Oscar Peña, Brian Pendleton, Timothy Gosney

Ventura Harbor Comedy Club

f) Property:

Negotiating Parties:

Under Negotiation:

1363 Spinnaker Drive, Parcels 2 & 3

Oscar Peña, Brian Pendleton, Timothy Gosney

Ventura Isle Marina Lease Assignment

  1. Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): One case.