July 25, 2018
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Everard Ashworth, Chairman
Brian Brennan, Vice Chairman
Jim Friedman, Secretary
Chris Stephens, Commissioner
Jean Getchell, Commissioner
Oscar Peña, General Manager
Andy Turner, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA
REGULAR MEETING
JULY 25, 2018 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.
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 (Port District Business-Meetings & Agendas). 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 11, 2018 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, seminars, meetings and literature that would be of interest to the public and/or Commission, as a whole. In addition, Port Commissioners should 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)
PROCLAMATION HONORING COLONEL KIRK E. GIBBS, U.S. ARMY CORPS OF ENGINEERS
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:
a) Facilities Manager, Joe Gonzalez to attend the CA JPIA Risk Management Educational Forum;
b) Harbormaster, John Higgins to attend the CA JPIA Risk Management Educational Forum;
c) Consultant, Richard Parsons to attend the CMANC Fall Meeting;
d) Commissioner, Brian Brennan to attend the CMANC Fall Meeting;
e) Deputy General Manager, Brian Pendleton to attend the PCSGA Annual Shellfish Conference;
f) General Manager, Oscar Peña to attend the PCSGA Annual Shellfish Conference.
B) Approval of Professional Services Agreement with Motionloft, Inc.
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a three year professional services agreement with Motionloft, Inc. for pedestrian and vehicle analytics in the amount of $31,338.00.
STANDARD AGENDA:
1) Adoption of Resolution No. 3357 Authorizing the Execution and Delivery by the District of an Installment Sale Agreement and Authorizing the Execution of Other Necessary Documents and Related Actions for the Ventura Harbor Marina Dock Replacement Project
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3357:
a) Authorizing the execution and delivery by the District of an Installment Sale Agreement Ventura Harbor Marina Dock Replacement Project; and
b) Authorizing the execution of other necessary documents and related actions for the Ventura Harbor Marina Dock Replacement Project.
2) Approval of a Professional Services Agreement for Bidding and Construction Phases of the Ventura Harbor Village Marina Dock Replacement Project
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a Professional Services Agreement with Noble Consultants in the amount of $93,365 to provide engineering services during the bidding and construction phases of the Ventura Harbor Village Marina Dock Replacement Project.
3) Approval of a New Retail Lease Agreement for Commissioned Desserts, LLC dba Top This Chocolate
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 Commissioned Desserts, LLC dba Top This Chocolate for the premises located at 1559 Spinnaker Drive #109 consisting of a total of 1,381 square feet for a three (3) year term with two separate three (3) year options.
4) Consider Possible Award of Contract to the Garland Company, Inc. for the Fish Pier Deck Resurfacing Project
Recommended Action: Voice Vote.
That the Board of Port Commissioners consider possible award of a Fish Pier Deck Resurfacing Contract to the Garland Company, Inc., subject to Legal Counsel’s final approval of the contract documents.
AGENDA PLANNING GUIDE AND REQUEST FOR FUTURE AGENDA ITEMS
ADJOURNMENT
This agenda was posted on Friday, July 20, 2018 by 5:00 p.m. at the Port District Office and on the Internet – www.venturaharbor.com (Port District Business-Meetings & 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, JULY 25, 2018
1. Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties: Under Negotiation: |
1559 Spinnaker Drive #109
Oscar Peña, Brian Pendleton, Andy Turner New Lease Agreement with Commissioned Desserts, LLC dba Top This Chocolate |
| b) Property:
Negotiating Parties: Under Negotiation: |
Parcel 20
Oscar Peña, Brian Pendleton, Andy Turner Termination of Lease with Ventura Harbor Marine Associate, LLC and Potential New Lease with Chris Chrysilios |
| c) Property:
Negotiating Parties: Under Negotiation: |
Parcel 5 and Parcel 8
Oscar Peña, Brian Pendleton, Andy Turner Lease Negotiations with H. Parker Hospitality |
| d) Property:
Negotiating Parties: Under Negotiation: |
Pipeline Running Along Harbor Blvd.
Oscar Peña, Brian Pendleton, Dominic Nunneri Ellwood Pipeline License Agreement with ARTPS, LLC. |
| e) Property:
Negotiating Parties: Under Negotiation: |
1431 and 1691 Spinnaker Drive
Oscar Peña, Brian Pendleton, Timothy Gosney National Parks Lease Agreement Potential Extension |
2. Conference with Labor Negotiators – Per Government Code Section6:
| a) Employee Units:
Groups: Negotiating Parties: Under Negotiation: |
Harbor Patrol Officers
Service Employees International Union (SEIU), Local 721 Oscar Peña, Brian Pendleton, Andy Turner Labor Negotiations |
3. Conference with Legal Counsel – Existing 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.