November 18, 2015

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

Christopher Chan, Legal Counsel

Jessica Rauch, Clerk of the Board

PORT COMMISSION AGENDA

REGULAR MEETING

NOVEMBER 18, 2015 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 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 October 28, 2015 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 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.

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 September 2015

Recommended Action: Resolution No. 3288.

That the Board of Port Commissioners adopt Resolution No. 3288 accepting and approving the Financial Statements, Payroll and Regular Checks for expenses in September 2015.

B) Termination of Lease Agreement and Approval of New Retail Lease Agreement for Elizabeth Marino dba Barefoot Boutique

Recommended Action: Motion.

That the Board of Port Commissioners:

  1. Approve by motion the termination of a lease agreement, dated April 1, 2015, for the premises located at 1575 Spinnaker Drive #106B, consisting of 609 square feet; and
  2. Approve by motion a new retail lease agreement for the premises located at 1575 Spinnaker Drive #106A&B, consisting of 1545 square feet between the Ventura Port District dba Ventura Harbor Village and Elizabeth Marino dba Barefoot Boutique for a two-year term with a two-year option.

C) Termination of Lease Agreement with Harbor Wind & Kite Co.

Recommended Action: Motion.

That the Board of Port Commissioners approve by motion the termination of a lease between Ventura Port District dba Ventura Harbor Village and Sally E. Stride dba Harbor Wind & Kite Co. for the premises located at 1575 Spinnaker Drive #107.

STANDARD AGENDA:

1) Approval of Agreement with Brandis Tallman LLC for Placement Agent Services (10 minutes)

Recommended Action: Motion.

That the Board of Port Commissioners authorize the General Manager to enter into an agreement for Placement Agent Services with Brandis Tallman LLC (BTLLC) for the purpose of establishing BTLLC as Placement Agent for the 2016 Rate Reset for the 2008 and 2009 Refunding Certificates of Participation (COPs).

2) Coastal Marine Biolabs Quarterly Report (15 minutes)

Recommended Action: Informational.

That the Board of Port Commissioners receive a report from Coastal Marine Biolabs on their organization and supplemental lease requirements.

3) Proposed Ventura Harbor Marina and Yacht Yard Expansion (15 minutes)

Recommended Action: Resolution No. 3289.

That the Board of Port Commissioners:

  1. Adopt Resolution No. 3289 certifying the Mitigated Negative Declaration and Mitigation Monitoring Program for the Ventura Harbor Marina and Yacht Yard Expansion project;
  2. Approve the Project by Resolution No. 3289 with conditions as depicted in the FINAL IS-MND and contained in Attachments 2 and 3; and
  3. Authorize the General Manager to File the Notice of Determination (NOD) with the State Office of Planning and Research and the Ventura County Clerk.

4) Approval of 2016 Port Commission Meeting Schedule (10 minutes)

Recommended Action: Motion.

That the Board of Port Commissioners discuss and take appropriate action on the 2016 Port Commission meeting schedule.

5) Harbor Village Events Review (20 minutes)

Recommended Action: Informational.

That the Board of Port Commissioners review Harbor and Harbor Village events to determine benefits and opportunities to the community and the District.

REQUEST FOR FUTURE AGENDA ITEMS

ADJOURNMENT   

This agenda was posted on Friday, November 13, 2015 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, NOVEMBER 18, 2015

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

Negotiating Parties:

Under Negotiation:

1575 Spinnaker Drive #106A&B

Oscar Pena, Brian Pendleton, Timothy Gosney

Barefoot Boutique New Retail Lease & Termination

b) 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 – Anticipated Litigation per Government Code Section 54956.9(d)(2): One case.
  2. Conference with Legal Counsel – Anticipated Litigation per Government Code Section 54956.9(d)(4): One case.
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