March 4, 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

MARCH 4, 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 19, 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. 

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:

  1. General Manager, Brian Pendleton to travel to Vancouver, WA to attend the Pacific Fishery Management Council’s Habitat Committee meeting and regular Council meeting on two separate dates;
  2. Business Operations Manager, Todd Mitchell to travel to San Diego, CA to attend the American Society of Civil Engineers: Coasts Oceans Ports Rivers Institute (COPRI) Ports and Harbors Committee meetings;
  3. General Manager, Brian Pendleton to travel to Sacramento, CA to attend legislative hearings on AB 2370; and
  4. One Commissioner to travel to Sacramento, CA to attend legislative hearings on AB 2370.

B) Approval of a Professional Services Agreement with Carpi & Clay Inc.

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve a Professional Services Agreement with Carpi & Clay, Inc. in the amount of $30,000 to provide the District with Federal Advocacy Services from January 1, 2020 to June 30, 2020.

C) Approval of a New Restaurant Lease Agreement for Kelly Shirk dba Sugar Lab Bake Shop, LLC

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve a new Restaurant Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Kelly Shirk dba Sugar Lab Bake Shop, LLC for the premises located at 1575 Spinnaker Drive #105 A/B consisting of a total of 1,330 square feet for a three (3) year term with two separate three (3) year options.

STANDARD AGENDA:

  1. Approval of a New Professional Services Agreement with COWI for an Aquaculture Navigation Risk Assessment for the Ventura Shellfish Enterprise Project

Recommended Action:  Voice Vote.

That the Board of Port Commissioners approve a Professional Services Agreement with COWI in an amount of $64,040 to provide the District with an Aquaculture Navigation Risk Assessment for the Ventura Shellfish Enterprise Project.

ADJOURNMENT      

This agenda was posted on Friday, February 28, 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, MARCH 4, 2020

  1. 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 #109

Brian Pendleton, Todd Mitchell, Andy Turner

Commissioned Desserts, LLC dba Top This Chocolate

Retail Lease Agreement

d) Property:

Negotiating Parties:

 

Under Negotiation:

1559 Spinnaker Drive #108

Brian Pendleton, Todd Mitchell, Andy Turner

James Smith dba Ventura Dive & Sport, Inc.

Retail Lease Agreement

e) 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

f)   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

  1. Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): Three (3) Cases. (Verbal Reports)