February 6, 2019

VENTURA PORT DISTRICT

 BOARD OF PORT COMMISSIONERS

Everard Ashworth, Chairman

Brian Brennan, Vice Chairman

Chris Stephens, Commissioner

Jean Getchell, Commissioner

Oscar Peña, General Manager

Brian Pendleton, Deputy General Manager

Timothy Gosney, Legal Counsel

Robbie Armstrong-Dunham, Clerk of the Board

PORT COMMISSION AGENDA

REGULAR MEETING

FEBRUARY 6, 2019 AT 7:00PM

VENTURA PORT DISTRICT OFFICE

1603 ANCHORS WAY DRIVE

VENTURA, CA 93001

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 Chair Everard Ashworth

 PLEDGE OF ALLEGIANCE: By Chair Everard Ashworth.

 ROLL CALL: By the Clerk of the Board.

 ELECTION OF OFFICERS

Pursuant to the Harbors and Navigation Code 6241.1 and 6248, the Board shall select a Chairman, Vice Chairman and Secretary.

 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 January 16, 2019 Regular Meeting and January 31, 2019 Special Closed Session 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)

 

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

 

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

 

  1. Election of Officers

 

  1. Ratify the Minutes of the Meeting held January 10, 2018

 

  1. Adjourn the Annual Meeting of the Public Facilities Corporation


Reconvene the Regular Meeting of the

Ventura Port District Board of Port Commissioners

 

 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 Tara Pielaet dba Rated Sports

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve a new Office Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Tara Pielaet dba Rated Sports for space located at 1591 Spinnaker Drive #201 consisting of approximately 746 square feet for a two (2) year term with a two (2) year option.

 B) Approval of New Retail Lease Agreement for Silhouettes Salon

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve a new Retail Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Silhouettes Salon for space located at 1591 Spinnaker Drive #117B consisting of approximately 761 square feet for a two (2) year term with a two (2) year option.

STANDARD AGENDA:

 1) Approval of FY 2018-2019 Mid-Year Budget Adjustments and Capital Improvement Plan

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners adopt Resolution No. 3367, approving the Mid-Year Budget Adjustments for Fiscal Year 2018-19.

2) Approval of New Professional Services Agreement with Maine Marine Composites

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners approve a new Professional Service Agreement with ‘Maine Marine Composites’, in the amount of $8,250.00 for professional services to provide oceanic engineering analysis related to the Ventura Shellfish Enterprise project.

REQUEST FOR FUTURE AGENDA ITEMS

 ADJOURNMENT      

  

This agenda was posted on Friday, February 1, 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, FEBRUARY 6, 2019

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

Negotiating Parties:

Proposed Lessee:

Under Negotiation:

1559 Spinnaker Drive, Suite #201

Oscar Peña, Brian Pendleton, Timothy Gosney

Tara Pielaet dba Rated Sports

New Office Lease Agreement

 

b) Property: 1591 Spinnaker Drive, Suite 117B
    Negotiating Parties:

Proposed Lessee:

Under Negotiation:

Oscar Pena, Brian Pendleton, Timothy Gosney

Silhouettes Salon

New Retail Lease Agreement

 
c) Property:

Negotiating Parties:

Proposed Lessee:

Under Negotiation:

1410 Angler Court

Oscar Peña, Brian Pendleton, Timothy Gosney

Karen Dupuy dba Harbor Boat and Self-Storage

New Sublease

(Verbal Report)

 

d) Property:

Negotiating Parties:

Proposed Lessee:

Under Negotiation:

 

 

e) Property:

Negotiating Parties:

Proposed Lessee:

Under Negotiation:

Federal Authorized Sea Bottom

Oscar Peña, Brian Pendleton, Timothy Gosney

Army Corps of Engineers

Sea Bottom Aquaculture Master Permit

(Verbal Report)

 

Parcel 20

Oscar Peña, Timothy Gosney, Dominic Nunneri

Ventura Harbor Marine Assoc., LLC

Request for Consideration of a New Lease

 

  1. Conference with Legal Counsel – Anticipated Litigation:  Significant exposure to litigation pursuant to Section 54956.9(d)(1): One (1) case. (Verbal Report)

 

  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. (Verbal Report)

 

  1. Conference with Legal Counsel – Pending Litigation per Government Code Section 54956.9(d)(1): Rosemary Lazard vs. Ventura Port District; Case No. 56-2017-00500990-CU-PO-VTA. (Verbal Report)

 

  1. 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.

 

  1. Public Employee Performance Evaluation per Government Code Section 54957:
  2. Oscar Peña, General Manager (Verbal Report)