May 1, 2019

VENTURA PORT DISTRICT

BOARD OF PORT COMMISSIONERS

Chris Stephens, Chairman

Brian Brennan, Vice Chairman

Jean Getchell, Secretary

Everard Ashworth, Commissioner

Jackie Gardina, Commissioner

 

Oscar Peña, General Manager

Brian Pendleton, Deputy General Manager

Timothy Gosney, Legal Counsel

Jessica Rauch, Clerk of the Board

PORT COMMISSION AGENDA

REGULAR MEETING

MAY 1, 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 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 April 3, 2019 Regular Meeting and April 18 Special 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 New Office Lease for Harold Kyle dba Kyle & Associates

 

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 Harold Kyle dba Kyle & Associates for the premises located at 1583 Spinnaker Drive #209, consisting of a total of 535 square feet for a one year term.

 

STANDARD AGENDA:

1) Approval of Financial Statements and Checks for October through December 2018

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners adopts Resolution No. 3371 to:

  1. Accept the financial statements for the Quarter ended December 31, 2018; and
  2. Review the payroll and regular checks for October through December 2018.

2) Approval of Notice of Completion for the Ventura Harbor Pavement Repair and Slurry Seal Project

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners adopt Resolution No. 3372:

  1. Accepting the work of Toro Enterprises, Inc. for the Ventura Harbor Pavement Repair and Slurry Seal Project; and
  2. Authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.

3) Approval of Ordinance No. 52 Amending Ordinance No. 48

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners:

  1. Conduct a public hearing for the purpose of receiving input on proposed Ordinance 52;
  2. Read proposed Ordinance No. 52 for the record; and
  3. Adopt Ordinance No. 52, amending Ordinance No. 48, adopted on March 27, 2013, and titled “An Ordinance of the Board of Port Commissioners of Ventura Port District to Provide Informal Bidding Procedures under the Uniform Public Construction Cost Accounting Act.”

4) Approval of Revisions to the Ventura Port District Procurement and Purchasing Policy and Exhibits

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve the revisions to Ventura Port District’s Procurement and Purchasing Policy and Exhibits A, C and E.

5) New Lease with Ventura Harbor Storage Enterprises, LLC for the Fisherman’s Storage Yard

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve the business terms for a new Lease between Ventura Harbor Storage Enterprises, LLC and the Ventura Port District for the Fisherman’s Storage Yard and authorize the General Manager to sign the ground lease, based on those terms, subject to final review and approval of the final lease by Legal Counsel.

6) Authorize the General Manager to Submit a Grant to the California Coastal Conservancy

Recommended Action: Voice Vote.

That the Board of Port Commissioners authorize the General Manager to submit a grant in the amount of $200,000 to the California Coastal Conservancy to make improvements at the Fisherman’s Storage Yard.

REQUEST FOR FUTURE AGENDA ITEMS

ADJOURNMENT      

This agenda was posted on Friday, April 26, 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, MAY 1, 2019

 

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

Negotiating Parties:

Under Negotiation:

1583 Spinnaker Drive #209

Brian Pendleton, Timothy Gosney

Harold Kyle dba Kyle & Associates

New Lease

b) Property:

Negotiating Parties:

Under Negotiation:

1559 Spinnaker Drive #101

Brian Pendleton, Timothy Gosney

Coastal Marine Biolabs Integrative Biosciences Program, Inc.

New Lease

c) Property:

Negotiating Parties:

Under Negotiation:

1410 Angler Court

Brian Pendleton, Oscar Peña, Timothy Gosney

Ventura Harbor Storage Enterprises, LLC

New Lease (Verbal Report)

d) Property:

Negotiating Parties:

Under Negotiation:

1410 Angler Court

Brian Pendleton, Oscar Peña, Timothy Gosney

Karen Dupuy dba Harbor Boat and Self-Storage

New Sublease (Verbal Report)

e) 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)

 

2. Conference with Legal Counsel – Potential Litigation per Section 54956.9(d)(2): Ventura Harbor Marine Associates, LLC, claim dated April 18, 2019.

3. Conference with Labor NegotiatorsPer Government Code Section6:

a) Employee Units:

Groups:

Negotiating Parties:

Under Negotiation:

Full-Time Harbor Patrol Officers

Service Employees International Union (SEIU), Local 721

Brian Pendleton, Oscar Peña, John Higgins, Timothy Gosney

Labor Negotiations (Verbal Report)

b) Employee Units:

Groups:

Negotiating Parties:

Under Negotiation:

Part-Time Harbor Patrol Officers

Service Employees International Union (SEIU), Local 721

Brian Pendleton, Oscar Peña, John Higgins, Timothy Gosney

Labor Negotiations (Verbal Report)

 

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