February 19, 2020
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Chris Stephens, Chairman
Brian Brennan, Vice Chairman
Jackie Gardina, Secretary
Everard Ashworth, Commissioner
Michael Blumenberg, Commissioner
Brian D. Pendleton, General Manager
Todd Mitchell, Business Operations Manager
Andy Turner, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA
REGULAR MEETING
FEBRUARY 19, 2020
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
CALL TO ORDER: By Chairman Chris Stephens.
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.
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 February 5, 2020 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:
- Harbor Patrolmen, Tucker Zimmerman and Mark Kidman to travel to Marina Del Rey to participate in a rescue boat operator class; and
- Harbor Patrolmen, Tucker Zimmerman and Brian Hewitt to travel to Marina Del Ray to participate in a marine firefighting class.
B) Approval of Amendment No. 3 to the Professional Services Agreement with Liebert Cassidy Whitmore for the Review and Revision of the District’s Human Resources Manual
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve Amendment No. 3 to the Professional Services Agreement with Liebert Cassidy Whitmore, in the amount of $4,100, to complete the review and revision of the District’s Human Resources Manual approved by the Board on December 18, 2019.
C) Approval of Amendment No. 1 to the Professional Services Agreement with Dudek for the 2018 NOAA Sea Grant Tasks – Year 2
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve Amendment No. 1 to the Professional Services Agreement with Dudek for Year 2 Grant funding, in the amount of $10,800, for the Ventura Shellfish Enterprise Project 2018 Sea Grant tasks.
D) Approval of Amendment No. 1 for two Professional Services Agreements with Plauchè & Carr, LLP for Support of the 2018 NOAA Sea Grant Tasks
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
- Approve Amendment No. 1 to the Professional Services Agreement with Plauché & Carr, LLP, dated January 17, 2019, for Year 2 Grant funding, in the amount of $20,000, for the Ventura Shellfish Enterprise Project 2018 Sea Grant; and
- Approve Amendment No. 1 to the Professional Services Agreement with Plauché & Carr, LLP, dated July 1, 2019, for District funding, in the amount of $2,300, for support of the Ventura Shellfish Enterprise Project 2018 Sea Grant tasks.
E) Approval of New Professional Services Agreement with K&L Gates for Continued Legal Services for the Ventura Shellfish Enterprise Project
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Professional Services Agreement with K&L Gates, in the amount of $35,000, for continued legal services for the Ventura Shellfish Enterprise Project.
F) Approval of Amendment No. 1 to the Professional Services Agreement with Rasmussen & Associates for the Trash Enclosures Improvement Project
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve Amendment No. 1 to the Professional Services Agreement with Rasmussen & Associates, in the amount of $35,650, to provide architectural services to upgrade and/or relocate four trash enclosures in Ventura Harbor Village.
G) Approval of Amendment No. 1 to the Professional Services Agreement with Rasmussen & Associates for the ADA Compliant Restroom Remodels Project
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve Amendment No. 1 to the Professional Services Agreement with Rasmussen & Associates, in the amount of $29,885, to provide architectural services for the remodel or reconstruction of restrooms in various buildings in Ventura Harbor Village.
STANDARD AGENDA:
1) Approval of Financial Statements and Checks for October through December 2019
(10 minutes)
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopts Resolution No. 3385 to:
- Accept the following financial statements for the Quarter ended December 31, 2019; and,
- Review the payroll and regular checks for October through December 2019.
2) Approval of Fiscal Year 2019 – 2020 Mid-Year Budget Adjustments and Capital Improvement Plan (30 minutes)
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3386, approving the Mid-Year Budget Adjustments for Fiscal Year 2019 – 2020 effective January 1, 2020.
ADJOURNMENT
This agenda was posted on Thursday, February 13, 2020 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 19, 2020
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties:
Under Negotiation: |
Federal Authorized Sea Bottom
Brian Pendleton, Todd Mitchell, Andy Turner Army Corps of Engineers Sea Bottom Aquaculture Master Permit (Verbal Report) |
| b) Property:
Negotiating Parties:
Under Negotiation: |
1575 Spinnaker Drive #105A&B
Brian Pendleton, Todd Mitchell, Andy Turner Sugar Lab Bake Shop New Restaurant Lease Agreement (Verbal Report) |
| c) Property:
Negotiating Parties:
Under Negotiation: |
1559 Spinnaker Drive #205,205A, B, C, D, E, 210
Brian Pendleton, Todd Mitchell, Andy Turner Andy Randy, LLC dba Ventura Harbor Comedy Club Retail Lease Agreement (Verbal Report) |
| d) Property:
Negotiating Parties:
Under Negotiation: |
1575 Spinnaker Drive #101, 102, 103
Brian Pendleton, Todd Mitchell, Andy Turner Andres Fernandez, LLC dba The 805 Restaurant Lease Agreement (Verbal Report) |
- Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): Four (4) Cases. (Verbal Report)
- Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(4): One (1) Case. (Verbal Report)