September 28, 2016
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Jim Friedman, Chairman
Everard Ashworth, Vice Chairman
Bruce E. Smith, Commissioner
Nikos Valance, Commissioner
Brian Brennan, Commissioner
Oscar Peña, General Manager
Timothy Gosney, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA
REGULAR MEETING
SEPTEMBER 28, 2016 AT 7:00PM
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE, VENTURA, CA
A Closed Session of the Board will be held at 5:00PM 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 Chair Jim Friedman.
PLEDGE OF ALLEGIANCE: By Chair Jim Friedman.
ROLL CALL: By the Clerk of the Board.
ADOPTION OF AGENDA (5 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 (Public Notices). 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
The Minutes of the September 14, 2016 Workshop 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 STAFF REPORTS (10 minutes)
Ventura Port District Staff will give the Commission reports on their Department.
GENERAL MANAGER REPORT (5 minutes)
The General Manager of the Ventura Port District will report on items of general interest to the Port Commission and members of the public.
LEGAL COUNSEL REPORT (5 minutes)
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 Agreement for Wave Realty
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new office lease agreement for the premises located at 1575 Spinnaker Drive #201 consisting of 439 square feet between the Ventura Port District dba Ventura Harbor Village and Karla Reed and Stephen M. Foster dba Wave Realty for a two-year term.
B) Approval of New Lease Agreement for Karen Dupuy dba Ventura Fish Co.
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new lease agreement for the premises located at 1449 Spinnaker Drive #F consisting of 563 square feet between the Ventura Port District dba Ventura Harbor Village and Karen Dupuy dba Ventura Fish Co. for a two-year term.
C) Acceptance of $169,660 Shellfish Grant
Recommended Action: Voice Vote.
That the Board of Port Commissioners authorize the General Manager to sign the Cost Reimbursement Research Subaward Agreement for $169,660, which reflects the terms and conditions of the grant agreement for year two.
D) Approval of First Amendment to Professional Services Agreement with Plauché & Carr, LLP
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the First Amendment to Professional Services Agreement with Plauché & Carr, LLP in the total amount of $25,000 to provide legal services for the Ventura Shellfish Enterprise Program (VSE) subject to final approval of the form of agreement by District staff and legal counsel.
E) Approval of First Amendment to Professional Services Agreement with Dudek
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the First Amendment to Professional Services Agreement with Dudek in the total amount of $202,550 to provide environmental consultant services for the Permitting Strategy for the Ventura Shellfish Enterprise Program (VSE) subject to final approval of the form of agreement by District staff and legal counsel.
F) Approval of First Amendment to Professional Services Agreement with Scott Lindell
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the First Amendment to Professional Services Agreement with Scott Lindell, Fisheries and Marine Biologist, in the amount of $19,920 to provide consultant services for the Ventura Shellfish Enterprise Program (VSE).
STANDARD AGENDA:
1) Approval of New Conflict of Interest and Disclosure Code
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3317 to approve the new Conflict of Interest Code Policy and rescind Resolution No. 3283.
2) Approval of Professional Services Agreement for Special Legal Services
Recommended Action: Voice Vote.
That the Board of Port Commissioners authorize funding in the amount of $8,500 to retain outside legal services provided by Plauché & Carr, LLP to analyze and report on leasing alternatives related to the Shellfish Grant.
3) Ventura Isle Marina Dock Replacement Plan
Recommended Action: Informational.
That the Board of Port Commissioners receive a presentation from Safe Harbor Marinas regarding the proposed dock replacement plan as required by the Amendment No. 3 to 2003 VIM Master Lease approved on April 13, 2016.
REQUEST FOR FUTURE AGENDA ITEMS
ADJOURNMENT
This agenda was posted on Friday, September 23, 2016 at 5:00 p.m. at the Port District Office and on the Internet – www.venturaharbor.com (Port Commission).
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)
REVISED
ATTACHMENT TO PORT COMMISSION AGENDA
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
WEDNESDAY, SEPTEMBER 28, 2016
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties: Under Negotiation: |
1575 Spinnaker Drive #201
Oscar Peña, Brian Pendleton, Timothy Gosney New Office Lease Agreement with Wave Realty
|
| b) Property:
Negotiating Parties: Under Negotiation: |
1449 Spinnaker Drive #F
Oscar Peña, Brian Pendleton, Timothy Gosney New Lease Agreement with Ventura Fish Co.
|
| c) Property:
Negotiating Parties: Under Negotiation: |
1559 Spinnaker Drive #108, #109A
Oscar Pena, Brian Pendleton, Andy Turner New Lease Terms with Ventura Dive & Sport
|
| d) Property:
Negotiating Parties: Under Negotiation: |
Parcels 15, 16, 18
Oscar Peña, Brian Pendleton, Timothy Gosney SRP Lease Negotiations
|
| e) Property:
Negotiating Parties: Under Negotiation: |
1591 Spinnaker Drive #115
Oscar Peña, Brian Pendleton, Timothy Gosney Restaurant Lease Negotiations |