September 4, 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 Pendleton, General Manager
Andy Turner, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA
REGULAR MEETING
SEPTEMBER 4, 2019
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
CLOSED SESSION – 5:30PM
OPEN SESSION – 7:00PM
CALL TO ORDER
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.
ADJOURNMENT
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 July 17, 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.
STAFF COMMUNICATIONS (5 minutes)
Ventura Port District Staff will update the Commission on important topics if needed.
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 the following employees:
- Harbormaster, John Higgins to attend the Harbormasters Association Conference in Sacramento, CA;
- Electrician, John Collins to attend the annual California Building Officials Education Week in Ontario, CA; and,
- Marketing Manager, Jennifer Talt-Lundin to attend the Cal Travel Tourism Summit in Los Angeles, CA.
b) Approval of a New Lease Agreement for Just 4 Dreamers, Inc.
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Just 4 Dreamers, Inc. for a three-year lease with three-year option.
c) Approval of First Assignment to Michael and Janette Quinn and Second Assignment to American Pacific Mortgage
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
- Approve the First Assignment and Assumption of Lease and Consent of Landlord Agreement between Sierra Pacific Mortgage, Michael and Janette Quinn, and the Ventura Port District for the lease of the premises located at 1583 Spinnaker Drive #213/#214, effective August 31, 2019; and
- Approve the Second Assignment and Assumption of Lease and Consent of Landlord Agreement between American Pacific Mortgage, Michael and Janette Quinn, and the Ventura Port District for the lease of the premises located at 1583 Spinnaker Drive #213/#214, effective September 1, 2019.
d) Consideration of Claim by Ventura Harbor Marine Associates, LLC. And Samuel Sadove
Recommended Action: Voice Vote.
That the Board of Port Commissioners reject a claim filed against the Ventura Port District on July 24, 2019 by Ventura Harbor Marine Associates, LLC. and Samuel Sadove and authorize the General Manager to execute and mail a Notice of Rejection.
STANDARD AGENDA:
1) Approval of Financial Statements and Checks for January through March 2019
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopts Resolution No. 3377 to:
- Accept the following financial statements for the Quarter ended March 31, 2019; and
- Review the payroll and regular checks for January through March 2019.
2) Appointment of New Audit Liaison
Recommended Action: Voice Vote.
That the Board of Port Commissioners appoint an audit liaison to work with staff and White Nelson Diehl Evans LLP throughout the fiscal year 2018-2019 financial audit process.
3) Ventura Harbor Village Painting Project Contract Award
Recommended Action: Voice Vote.
That the Board of Ports commissioners:
- Approve a Budget increase of $450,000; and
- Award the Ventura Harbor Village Painting Project Contract to Garland/DBS, Inc. in the amount of $1,197,977.
4) Approval of Notice of Completion for the Ventura Harbor Village ADA Compliant Restroom Remodel/Trash Enclosure Improvements
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3378:
- Accepting the work of Pueblo Construction Inc. for the Ventura Harbor Village ADA Compliant Restroom Remodel/Trash Enclosure Improvements Project; and
- Authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.
5) Slip Rate Increase Review
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3379 establishing a permanent policy for reviewing proposed slip rate increases for all marinas within Ventura Harbor Village.
REQUEST FOR FUTURE AGENDA ITEMS
ADJOURNMENT
This agenda was posted on Friday, August 30, 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, SEPTEMBER 4, 2019
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties: Under Negotiation: |
1575 Spinnaker Drive #105B
Brian Pendleton, Andy Turner Just 4 Dreamers, Inc. New Retail Lease Agreement (renewal) (Verbal Report) |
| b) Property:
Negotiating Parties: Under Negotiation:
|
1583 Spinnaker Drive #213/#214
Brian Pendleton, Andy Turner Sierra Pacific Mortgage, Michael and Janette Quinn, and American Pacific Mortgage Assignment and Assumption of Office Lease (Verbal Report) |
| c) Property:
Negotiating Parties: Under Negotiation: |
1559 Spinnaker Drive #109
Brian Pendleton, Andy Turner Commissioned Desserts, LLC dba Top This Chocolate Possessory Interest Tax (Verbal Report) |
| d) Property:
Negotiating Parties: Under Negotiation: |
Federal Authorized Sea Bottom
Brian Pendleton, Andy Turner Army Corps of Engineers Sea Bottom Aquaculture Master Permit (Verbal Report) |
- Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2) and (4): Two (2) Cases. (Verbal Report)