May 15, 2019

VENTURA PORT DISTRICT

BOARD OF PORT COMMISSIONERS

Chris Stephens, Chairman

Brian Brennan, Vice Chairman

Jean Getchell, Secretary

Everard Ashworth, Commissioner

Jackie Gardina, Commissioner

 

Brian Pendleton, Deputy General Manager

Oscar Peña, Business Operations Manager

Timothy Gosney, Legal Counsel

Jessica Rauch, Clerk of the Board

PORT COMMISSION AGENDA

REGULAR MEETING

MAY 15, 2019 AT 7:00PM

VENTURA PORT DISTRICT OFFICE

1603 ANCHORS WAY DRIVE, VENTURA, CA

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 18, 2019 Special Meeting and May 1, 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.

DEPARTMENTAL AND DEPUTY GENERAL MANAGERS REPORTS (5 minutes)

Ventura Port District Staff and Deputy 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.

STANDARD AGENDA:

1) General Manager Employment Agreement (20 minutes)

Recommended Action: Voice Vote.

That the Board of Port Commissioners, at their discretion, discuss and take appropriate action on a General Manager Employment Agreement between the Ventura Port District and Brian Pendleton.

2) Electrical Energy Service Provision Alternatives (15 minutes)

Recommended Action: Voice Vote.

That the Board of Port Commissioners select one of the following choices for electrical energy service provision:

  1. Stay with the City of Ventura default enrollment under the Clean Power Alliance (CPA) green power rate (100% renewable energy) for Port District electrical service accounts OR choose either the clean power rate (50% renewable energy) or lean power rate (36% renewable energy); or
  2. Opt out of the CPA and retain Southern California Edison as the Port District’s sole energy provider.

3) Approval of New Lease Agreement for Coastal Marine Biolabs Integrative Biosciences Program, Inc. (10 minutes)

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve a new Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Coastal Marine Biolabs Integrative Biosciences Program, Inc. for the premises located at 1559 Spinnaker Drive #101, consisting of a total of 1,979 square feet for a five year term.

4) Approval of Notice of Completion for the Commercial Fish Pier Phase III Deck Repair Project (5 minutes)

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners adopt Resolution No. 3373:

  1. Accepting the work of Garland/DBS, Inc. for the Commercial Fish Pier Phase III Deck Repair Project; and
  2. Authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.

5) Approval of FY2019-2020 Preliminary Budget and Five Year Capital Improvement Plan

(30 minutes)

Recommended Action: Voice Vote.

That the Board of Port Commissioners review, discuss and approve the Fiscal Year 2019–2020 Ventura Port District Preliminary Budget and Five Year Capital Improvement Plan.

REQUEST FOR FUTURE AGENDA ITEMS

ADJOURNMENT   

This agenda was posted on Friday, May 10, 2019 by 5:00 p.m. at the Port District Office and on the Internet – www.venturaharbor.com.

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 15, 2019

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

Negotiating Parties:

Under Negotiation:

 

Federal Authorized Sea Bottom

Brian Pendleton, Oscar Peña, Timothy Gosney

Army Corps of Engineers

Sea Bottom Aquaculture Master Permit

b) Property:

Negotiating Parties:

Under Negotiation:

1559 Spinnaker Drive #101

Brian Pendleton, Timothy Gosney

Coastal Marine Biolabs Integrative Biosciences Program, Inc.

New Lease

 

  1. 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. (Verbal Report)
  2. Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): One (1) Case.