July 3, 2019
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Chris Stephens, Chairman
Brian Brennan, Vice Chairman
Everard Ashworth, Commissioner
Jackie Gardina, Commissioner
Michael Blumenberg, Commissioner
Brian Pendleton, General Manager
Oscar Peña, Business Operations Manager
Timothy Gosney, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA
REGULAR MEETING
JULY 3, 2019
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
CLOSED SESSION – 5:30PM
OPEN SESSION – 7:00PM
CLOSED SESSION – 5:30PM
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.
ADJOURNMENT
OPEN SESSION – 7:00PM
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 June 19, 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.
ELECTION OF OFFICERS (3 minutes)
Pursuant to the Harbors and Navigation Code 6241.1 and 6248, the Board shall select a new Secretary.
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 Professional Services Agreement with Dudek for Continued Support of the 2018 NOAA Sea Grant Tasks
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Professional Services Agreement with Dudek in the amount of $100,000 for continued permitting and project management support for the Ventura Shellfish Enterprise (VSE) project 2018 Sea Grant tasks.
B) Approval of New Professional Services Agreement with Plauché & Carr, LLP for Continued Support of the 2018 NOAA Sea Grant Tasks
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Professional Services Agreement with Plauché & Carr, LLP in the amount of $40,000 for continued support of the 2018 NOAA Sea Grant Tasks.
C) Approval of Lease Termination Agreement between the District and Coffee Dock & Post
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the Lease Termination Agreement between the District and Coffee Dock & Post for the space located at 1575 Spinnaker Drive, #105A&B.
STANDARD AGENDA:
1) Approval of Fee Increase for Dry Storage Facility
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a fee increase for the District’s remodeled dry storage facility.
2) Approval of Assignment of Lease for Ventura Harbor Boatyard (VHBY) and Related Transaction Documents Connected with the Sale of VHBY Stock to Silver Bay Seafoods
Recommended Action: Voice Vote
That the Board of Port Commissioners approve the assignment of the VHBY lease and related transaction documents, and conditionally authorize the General Manager to execute such documents as necessary to effectuate the transaction upon approval of the final form of such documents by the General Manager and Legal Counsel.
REQUEST FOR FUTURE AGENDA ITEMS
ADJOURNMENT
This agenda was posted on Friday, June 28, 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, JULY 3, 2019
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties: Under Negotiation:
|
1415 Spinnaker Drive
Brian Pendleton, Oscar Peña, Timothy Gosney Ventura Harbor Boatyard, Inc. Assignment of Lease |
| b) Property:
Negotiating Parties: Under Negotiation: |
Parcels 15, 16 and 18
Brian Pendleton, Oscar Peña, Timothy Gosney Portside Partners Ventura Harbor LLC Modification to Initial Financing Construction Loan |
| c) Property:
Negotiating Parties: Under Negotiation:
|
Federal Authorized Sea Bottom
Brian Pendleton, Oscar Peña, Timothy Gosney Army Corps of Engineers Sea Bottom Aquaculture Master Permit (Verbal Report) |
- 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.
- Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): One (1) Case.