October 10, 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
Brian Pendleton, Deputy General Manager
Timothy Gosney, Legal Counsel
Jessica Rauch, Clerk of the Board

PORT COMMISSION AGENDA
REGULAR MEETING
OCTOBER 10, 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.

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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. 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 September 12, 2018 and September 26, 2018 Regular Meetings 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)

 STANDARD AGENDA:

 1. Approval of Fifth Amendment to Professional Services Agreement with Dudek
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the Fifth Amendment to Professional Services Agreement with Dudek in the amount of $45,000 for professional services for the Ventura Shellfish Enterprise (VSE) project.

 2. Approval of Fourth Amendment to Professional Services Agreement with Plauché & Carr, LLP
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the Fourth Amendment to Professional Services Agreement with Plauché & Carr, LLP in the amount of $34,000 for professional legal services for the Ventura Shellfish Enterprise (VSE) project.

 3. Modifications to the Ventura Port District Human Resources Manual
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3362 modifying the Human Resources Manual to add two new full-time employee incentive programs: an educational incentive program and a bilingual incentive program.

4. Approval of Southern California Gas Company Grant of Easement for Portside Partners Ventura Harbor, LLC
Recommended Action: Voice Vote.
That the Board of Port Commissioners authorize the General Manager to sign and notarize a Grant of Easement to Southern California Gas Company, and its successors and assigns, for a permanent non-exclusive easement to construct, use, maintain, and operate one or more pipelines, conduits and appurtenances thereto for the transportation and distribution of natural gas and communications, together with reasonable right of ingress and egress as necessary to access the Easement and the right to use Grantor’s abutting property during construction and maintenance thereof, said Easement being granted in the strip of land located in the City of Ventura in the County of Ventura, California, that real property described as Parcels 15, 16, and 18 in the Ventura Harbor.

REQUEST FOR FUTURE AGENDA ITEMS

ADJOURNMENT     

This agenda was posted on Wednesday, October 3, 2018 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)

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ATTACHMENT TO PORT COMMISSION AGENDA

CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL

WEDNESDAY, OCTOBER 10, 2018

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

a) Property: Negotiating Parties: Under Negotiation:	1583 Spinnaker Drive #105 Oscar Peña, Brian Pendleton, Timothy Gosney Health Minded, Corp. dba Frenchies Modern Nail Care Proposed New Retail Lease (Verbal Report)
b) Property: Negotiating Parties: Under Negotiation:	1575 Spinnaker Drive #108 Oscar Peña, Brian Pendleton, Timothy Gosney Mahesh and Heeru Gehani dba Casa De Regalos Proposed New Retail Lease (Verbal Report)
c) Property: Negotiating Parties: Under Negotiation:	Parcel 5 and Parcel 8 Oscar Peña, Brian Pendleton, Timothy Gosney H. Parker Hospitality Lease Negotiations (Verbal Report)

 2. Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: Three Cases. (Verbal Report)