BOARD OF PORT COMMISSIONERS - Ventura Harbor€¦ · That the Board of Port Commissioners...
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VENTURA PORT DISTRICT BOARD OF PORT COMMISSIONERS
Everard Ashworth, Chairman
Brian Brennan, Vice Chairman Jim Friedman, Secretary
Nikos Valance, Commissioner Chris Stephens, Commissioner
Oscar Peña, General Manager Roland Trinh, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA
REGULAR MEETING SEPTEMBER 27, 2017 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.
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 (Port District Business-Port Commission & Meeting Schedule). 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 13, 2017 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.
Ventura Port District – Regular Meeting Agenda September 27, 2017 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, seminars, meetings and literature that would be of interest to the public and/or Commission, as a whole. In addition, Port Commissioners should 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 GENERAL MANAGERS REPORTS (5 minutes) Ventura Port District Staff and 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) CONSENT AGENDA: (3 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 request for Electrician, John Collins and Harbormaster, John Higgins. STANDARD AGENDA: 1) Phase II Ventura Harbor Village Reroofing Project Contract Award Recommended Action: Voice Vote. That the Board of Port Commissioners award the Phase II Ventura Harbor Village Reroofing Project to The Garland Company, Inc. in the amount of $638,849.00. 2) Assignment and Assumption of the Lease Agreement for Coffee Dock & Post Recommended Action: Voice Vote. That the Board of Port Commissioners approve the proposed Assignment and Assumption of Lease between Sandra Aiken, Ashley Hwang, Janice Hwang, and Priscilla Levy dba Coffee Dock & Post and Josefina Aguilar for the premises located at 1575 Spinnaker Drive #105 A&B, Ventura, California 93001. 3) Continuation of General Manager’s Employment Recommended Action: Voice Vote. That the Board of Port Commissioners approve Amendment No. 5 to the General Manager’s Restated Employment Agreement. 4) Ventura Shellfish Enterprise Site Selection Alternatives Recommended Action: Informational. That the Board of Port Commissioners receive a report on the Ventura Shellfish Enterprise Site Selection Alternatives.
Ventura Port District – Regular Meeting Agenda September 27, 2017 AGENDA PLANNING GUIDE AND REQUEST FOR FUTURE AGENDA ITEMS ADJOURNMENT
This agenda was posted on Friday, September 22, 2017 by 5:00 p.m. at the Port District Office and on the Internet –
www.venturaharbor.com (Port District Business-Port Commission & Meeting Schedule).
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 220.127.116.11 ADA Title II)
Ventura Port District – Regular Meeting Agenda September 27, 2017
ATTACHMENT TO PORT COMMISSION AGENDA CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
WEDNESDAY, SEPTEMBER 27, 2017
1. Conference with Real Property Negotiators - Per Government Code Section 54956.8:
a) Property: Negotiating Parties: Under Negotiation:
1575 Spinnaker Drive #105 A/B Oscar Peña, Brian Pendleton, Roland Trinh Assignment and Assumption of Lease for Coffee Dock & Post
b) Property: Negotiating Parties: Under Negotiation:
Parcel 5 and Parcel 8 Oscar Peña, Brian Pendleton, Roland Trinh Lease Negotiations with H. Parker Hospitality
c) Property: Negotiating Parties: Under Negotiation:
State Authorized Sea Bottom Oscar Peña, Brian Pendleton, Roland Trinh Leasing for Aquaculture Purposes
2. Conference with Legal Counsel - Potential Litigation per Government Code Section 54956.9(d)(4): One case. 3. Conference with Legal Counsel – Per Government Code Section 54957(b)(1): To consider the continued employment of the General Manager, and the terms thereof [excluding compensation]. 4. Conference with Legal Counsel – Per Government Code Section 54957(b)(1): To consider the continued employment of the Business Operations Manager, and the terms thereof [excluding compensation].
BOARD OF PORT COMMISSIONERS
SEPTEMBER 27, 2017
APPROVAL OF MINUTES SEPTEMBER 13, 2017 MEETING
VENTURA PORT DISTRICT BOARD OF PORT COMMISSIONERS MINUTES OF SEPTEMBER 13, 2017
The Regular Meeting of the Ventura Board of Port Commissioners was called to order by Chairman Everard Ashworth at 7:10PM at the Ventura Port District Office located 1603 Anchors Way Drive, Ventura, CA 93001. Commissioners Present: Everard Ashworth, Chairman Brian Brennan, Vice Chairman Jim Friedman, Secretary Nikos Valance Chris Stephens Commissioners Absent: None. Port District Staff: Oscar Pena, General Manager Brian Pendleton, Business Operations Manager John Higgins, Harbormaster Gloria Adkins, Accounting Manager Robin Baer, Property Manager Jessica Rauch, Clerk of the Board Legal Counsel: Timothy Gosney Roland Trinh AGENDA CALL TO ORDER: By Chairman Everard Ashworth at 7:10PM. PLEDGE OF ALLEGIANCE: By Commissioner Friedman. ROLL CALL: All Commissioners were present. ADOPTION OF AGENDA ACTON: Commissioner Brennan moved, seconded by Commissioner Friedman and
carried by a vote of 5-0 to adopt the September 13, 2017 agenda, pulling Items A and E from the Consent Agenda.
APPROVAL OF MINUTES The Minutes of July 26, 2017 Regular meeting were considered as follows: ACTION: Commissioner Stephens moved, seconded by Commissioner Brennan and
carried by a vote of 5-0 to approve the minutes of the July 26, 2017 regular meeting.
Ventura Port District Board of Port Commissioners September 13, 2017 Regular Meeting Minutes Page 2 PUBLIC COMMUNICATIONS: Josefina Aguilar spoke to the Commission about her interest in purchasing Coffee Dock & Post. CLOSED SESSION REPORT: Mr. Gosney stated that the Board met in closed session; discussed and reviewed all items on the closed session agenda. Staff was given instructions on how to proceed as appropriate and there was no action taken that is reportable under The Brown Act. BOARD COMMUNICATIONS: Commissioner Ashworth reported that he and staff met with Colonel Gibbs from the Army Corps last week. He also announced that the VSE did not qualify for the sea grant extension. Commissioner Brennan commented on how busy the Beaches have been and also how well done all the events have been. He also commended Robin and staff for holding the homeless meeting. STAFF COMMUNICATIONS: Mr. Peña thanked Commissioner Brennan for mentioning the events. It takes a lot of effort from staff to put them together. Mr. Peña also agreed with Commissioner Valance on the monitoring of the Village’s homeless problem. LEGAL COUNSEL REPORT: Mr. Gosney reported that the Monthly Report was sent out today and that his office has finished the initial draft of the Master Lease documents for Parcels 5 and 8 and delivered them to staff. CONSENT AGENDA: A) Approval of Out of Town Travel Requests Recommended Action: Voice Vote. That the Board of Port Commissioners approve the out of town travel request for Business Operations Manager, Brian Pendleton, Property Manager, Robin Baer, and Clerk, Jessica Rauch. This item got pulled from the Consent Agenda. ACTION: Commissioner Brennan moved, seconded by Commissioner Friedman and
carried by a vote of 5-0 to approve the out of town travel request for Business Operations Manager, Brian Pendleton, Property Manager, Robin Baer, and Clerk, Jessica Rauch, as revised. (See attached)
B) Approval of Pre-Option Agreement for Parcel 5 and 8 Development Recommended Action: Voice Vote. That the Board of Port Commissioners approve the pre-option agreement between the Ventura Port District and H. Parker Hospitality for the development of Parcels 5 and 8. ACTION: Commissioner Friedman moved, seconded by Commissioner Stephens and
carried by a vote of 5-0 to approve the pre-option agreement between the Ventura Port District and H. Parker Hospitality for the development of Parcels 5 and 8.
C) Approval of Third Amendment of Professional Services Agreement with Dudek Recommended Action: Voice Vote. That the Board of Port Commissioners approve the Third Amendment to Professional Services Agreement with Dudek in the amount of $2,505 for completion of the Task 1 Strategic Permitting Plan for the Ventura Shellfish Enterprise (VSE) project.
Ventura Port District Board of Port Commissioners September 13, 2017 Regular Meeting Minutes Page 3 ACTION: Commissioner Friedman moved, seconded by Commissioner Stephens and
carried by a vote of 5-0 to approve the Third Amendment to Professional Services Agreement with Dudek in the amount of $2,505 for completion of the Task 1 Strategic Permitting Plan for the Ventura Shellfish Enterprise (VSE) project.
D) Consideration of Rejection of Claim by Rosemary Lazard Recommended Action: Vote Voice. That the Board of Port Commissioners approve the rejection of a claim filed against the Ventura Port District on March 3, 2017 by Rosemary Lazard and authorize the General Manager to execute and mail a Notice of Rejection. ACTION: Commissioner Friedman moved, seconded by Commissioner Stephens and
carried by a vote of 5-0 to approve the rejection of a claim filed against the Ventura Port District on March 3, 2017 by Rosemary Lazard and authorize the General Manager to execute and mail a Notice of Rejection.
E) Pavement Repairs and Slurry Seal Project Bid Award Recommended Action: Voice Vote. That the Board of Port Commissioners award the 2017 Ventura Port District Pavement Repair and Slurry Seal Project to Toro Enterprises, Inc., in the amount of $344,444.00. This item was pulled from the Consent Agenda. ACTION: Commissioner Brennan moved, seconded by Commissioner Valance and
carried by a unanimous vote of 5-0 to reject NPG Corporation’s bid protest letter, dated September 12, 2017.
ACTION: Commissioner Brennan moved, seconded by Commissioner Stephens and
carried by a vote of 5-0 to award the 2017 Ventura Port District Pavement Repair and Slurry Seal Project to Toro Enterprises, Inc., in the amount of $344,444.00.
F) Approval of New Office Lease Agreement for Center for Contract Compliance 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 Center for Contract Compliance for the premises located at 1559 Spinnaker Drive #202A consisting of a total of 437 interior square feet for a two-year term. ACTION: Commissioner Friedman moved, seconded by Commissioner Stephens and
carried by a vote of 5-0 to approve a new Office Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Center for Contract Compliance for the premises located at 1559 Spinnaker Drive #202A consisting of a total of 437 interior square feet for a two-year term.
G) Approval of New Office Lease Agreement for Ahmad Vahedian, Ph.D. 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 Ahmad Vahedian, Ph.D for the premises located at 1575 Spinnaker Drive #204C, consisting of a total of 275 square feet for a two year term.
Ventura Port District Board of Port Commissioners September 13, 2017 Regular Meeting Minutes Page 4 ACTION: Commissioner Friedman moved, seconded by Commissioner Stephens and
carried by a vote of 5-0 to approve a new Office Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Ahmad Vahedian, Ph.D for the premises located at 1575 Spinnaker Drive #204C, consisting of a total of 275 square feet for a two year term.
H) Acceptance of 10-Month No-Cost Extension to 2015 Shellfish Grant Recommended Action: Voice Vote. That the Board of Port Commissioners authorize the General Manager to execute a 10-month extension to the Cost Reimbursement Research Subaward Agreement for the Ventura Shellfish Enterprise (VSE) project. ACTION: Commissioner Friedman moved, seconded by Commissioner Stephens and
carried by a vote of 5-0 to authorize the General Manager to execute a 10-month extension to the Cost Reimbursement Research Subaward Agreement for the Ventura Shellfish Enterprise (VSE) project.
STANDARD AGENDA: 1) Approval of Financial Statements and Checks Recommended Action: Roll Call Vote. That the Board of Port Commissioners adopts Resolution No. 3339 to:
a) Accept the following DRAFT financial statements for the Quarter ending June 30, 2017, pending year-end accruals, reconciliations and audit adjustments; and
b) Review the payroll and regular checks for April through June 2017. ACTION: Commissioner Brennan moved, seconded by Commissioner Valance and
carried by a vote of 5-0 to adopt Resolution No. 3339 to accept the following DRAFT financial statements for the Quarter ending June 30, 2017, pending year-end accruals, reconciliations and audit adjustments; and review the payroll and regular checks for April through June 2017.
2) Ventura Shellfish Enterprise Site Selection Workshops Recommended Action: Informational. That the Board of Port Commissioners receive a report on the Ventura Shellfish Enterprise Site Selection Workshops. ACTION: The Board of Port Commissioners received a report on the Ventura
Shellfish Enterprise Site Selection Workshops. AGENDA PLANNING GUIDE AND REQUEST FOR FUTURE AGENDA ITEMS: 1) Homelessness; 2) Painting/Signage; 3) Traffic; 4) Project Schedules (key dates). ADJOURNMENT: The meeting was adjourned at 8:58PM.
VENTURA PORT DISTRICT CONSENT AGENDA ITEM A BOARD COMMUNICATION Meeting Date: September 13, 2017 TO: Board of Port Commissioners FROM: Oscar F. Peña, General Manager SUBJECT: Out of Town Travel Requests RECOMMENDATION: That the Board of Port Commissioners approve by motion the following out of town travel requests for:
A) Business Operations Manager, Brian Pendleton to travel to Los Angeles, California to participate in the International Council of Shopping Centers 2017 Western Conference & Deal Making on October 2 – 4, 2017. Attending this conference will allow our Business Operations Manager to market our vacant spaces, meet new contacts and vendors and keep up-to-date on new and ongoing trends. The $675.00 is for the deal making booth. Estimated cost for the travel is as follows:
Registration $350.0095.00 Lodging $645.56 Meals $220.00 Mileage $81.43 Miscellaneous $675.00 TOTAL $1,971.991,716.99
B) Property Manager, Robin Baer to travel to Los Angeles, California to participate in the
International Council of Shopping Centers 2017 Western Conference & Deal Making on October 2 – 4, 2017. Attending this conference will allow our Property Manager to market our vacant spaces, meet new contacts and vendors and keep up-to-date on new and ongoing trends. Estimated cost for the travel is as follows:
Registration $350.0095.00 Lodging $645.56 Meals $220.00 Mileage $81.43 Miscellaneous $100.00 TOTAL $1,396.991,141.99
C) Board Clerk, Jessica Rauch to travel to Los Angeles, California to participate in the
International Council of Shopping Centers 2017 Western Conference & Deal Making on October 2 – 4, 2017. Attending this conference will allow Ms. Rauch to help market our vacant spaces at the deal making booth, while Ms. Baer is meetings with brokers and Mr. Pendleton is attending workshops. Estimated cost for the travel is as follows:
Registration $5750.00 (Free for
first time) Lodging N/A Meals $220.00 Mileage N/A Miscellaneous $100.00150.00 ($50
BOARD OF PORT COMMISSIONERS SEPTEMBER 27, 2017
DEPARTMENTAL STAFF REPORTS
HARBOR PATROL MARINA
MARKETING PROPERTY TREASURER
RWP DREDGING MANAGEMENT Richard W. Parsons
2271 Los Encinos Road Ojai, California 93023
Phone/Fax (805) 649-9759 September 27, 2017 Board of Port Commissioners Ventura Port District 1603 Anchors Way Drive Ventura, CA 93001 Subject: August 2017 Dredging Activities and Special Projects Report The Dredging Program Manager’s activities for the August/September 2017 period are reviewed below: FY2018 Federal Dredging Appropriations In early September the Congress passed and the President signed a Continuing Resolution (CR) that will fund government operations until December 8, 2017. The Corps of Engineers has advised that the CR will enable the Corps to exercise the option in Manson Construction’s contract for the maintenance dredging of Ventura Harbor for work to be accomplished in the first quarter of 2018. The $5,163,000 provided in the CR for Ventura coupled with $800,000 of Work Plan funds carried over from FY17 will enable Manson to remove about 640,000 cu.yds. of material from the harbor entrance area. Current indications are that that volume of material will assure quite adequate entrance conditions. Corps of Engineers Dredging Permit The Corps of Engineers is in the process of renewing the Port District’s permit for the District’s dredging program. Attached is a letter dated August 24, 2017 to the Corps’ Regulatory Division commenting on one of the proposed special conditions in the Corps Public Notice for the permit renewal. The Regulatory Division has indicated that the District requested revision will be accepted. Harbor Village Phase III Viola Contractors, the Phase III construction contractor, has essentially completed the project with the relatively minor exception of the stairway to the second floor office above the Hat Shop and the glass wall at the Dive Shop. Additionally, we are still waiting for the gas company to install a meter for the fire pit. Respectfully submitted, Richard Parsons Dredging and Special Projects Consultant Attachment.
Federal Update September 2017
After the long August recess, Congress returned to Washington, DC and immediately got to work on several "must pass” items. With disaster assistance for Hurricane Harvey fueling an urgency for these efforts, Congress managed to pass a relief package that incorporated both a continuing resolution (CR) and increase in the debt ceiling until December 8th. To achieve this, President cut a deal with House and Senate democratic leaders leaving republicans feeling alienated. Now with Hurricane Irma making its way up the gulf coast of Florida and into Georgia Congress is already contemplating another emergency measure for disaster aid. Prior to passing the three-month CR, the House had managed to clear all twelve appropriations bills. They did this in a two-step process by first passing a mini-bus (which included the Energy and Water Development appropriations bill) at the end of July and secondarily packaging together the remaining eight appropriations bills into an omnibus bill which passed the House by a 316-90 vote on September 8th. In addition, when the omnibus got to the floor republican leadership tacked on the previously approved mini-bus to create a complete twelve-bill funding package. This means that the full House has already approved the Fiscal Year 2018 (FY18) Energy and Water appropriations bill twice. This maneuver was highly unusual and the Senate has already made clear that they will not take a similar approach. But with the government safely funded at FY17 levels until December 8th, Congress has some time to sort of the details of a final FY18 funding plan. Even before the rain started falling in Houston, the federal legislative calendar predicted a very hectic fall. Now with two national disasters and several remaining deadlines for the end of September (National Flood Insurance Program, Children’s Health Insurance Program and the Federal Aviation Administration) Congress has its work cut out for them. Against this backdrop, the President continues to call for Congress to prioritize tax reform followed by an infrastructure package. With this much on the agenda, one of the biggest questions out there is, how will we pay for it all? For the time being, a shutdown has been averted. But keep a close eye on House republicans, and in particular the Freedom Caucus, as Congress considers
additional emergency relief for Texas and the first package for Florida. The next deadline for this all to come to a head is December 8th. Legislative Effort to Soften the Earmark Ban Congressman Tom Rooney (R-FL) reintroduced his legislation, the Responsible Environmental Preservation and American Infrastructure Act (REPAIR Act, H. Res 313) to help restore congressional earmarks for water infrastructure projects. The limited rules changed proposed by the legislation would apply solely to projects within the jurisdiction of the Corps and Bureau of Reclamation. Congress instituted a ban on earmarks in 2010. White House Hosts Infrastructure Session Seven months into his administration, President Trump has yet to release details of his long-promised infrastructure plan. However, on August 30th, the White House hosted 150 state, local, and tribal leaders to hear suggestions and float more ideas about a plan that is expected by the end of September. Secretary of Transportation Elaine Chao, White House budget director Mick Mulvaney, and DJ Gribbin, a special adviser to the President on infrastructure, were the Administration principals who held the meeting. While none promised that the President would release a detailed legislative proposal, they reiterated the President’s strong support for improving infrastructure in the nation. Participants came away with a clear impression that the President remains committed to the idea that federal funding should be the “last dollar,” highly competitive, and used to incentivize private or non-federal funding to improve the nation’s infrastructure. No specifics about how he would achieve these goals or if the September release will contain these details were released at the meeting. White House Infrastructure Advisory Council In July, President Trump issued an Executive Order (EO) establishing the White House Infrastructure Advisory Council. However, in August, before the Council had a chance to get started, it was dissolved. The 15 Presidential appointed council members was to be housed within the Department of Commerce with the mission of making recommendations to the President regarding federal funding and project delivery. Water resources and waterways were among the types of infrastructure covered by the Council’s work. Specifically, the Council had intended to make recommendations on the following:
Prioritizing the Nation's infrastructure needs; Accelerating pre-construction approval processes;
Developing funding and financing options capable of generating new infrastructure investment over the next 10 years;
Identifying methods to increase public-private partnerships for infrastructure projects, including appropriate statutory or regulatory changes;
Identifying best practices in and opportunities to improve procurement methods, grant procedures, and infrastructure delivery systems, and;
Promoting advanced manufacturing and infrastructure-related technological innovation.
It is unclear if a similar council will be created at some point. Regardless, infrastructure remains a priority of the Administration and we expect further announcements regarding the Administration proposal to be made this fall. President Signs New EO on Environmental Streamlining In his remarks on infrastructure, President Trump has consistently stated that infrastructure projects take too long to study and construct and he has expressed a desire to deliver projects in a more responsive manner. These sentiments were furthered in the signing of a new EO which seeks to “establish discipline and accountability in the environmental review and permitting process for infrastructure projects.” Central to these efforts, the President has called for the federal environmental process to be streamlined. He has tasked the White House Council on Environmental Quality (CEQ) with a government-wide review of environmental reviews which will then move into a two-year modernization effort which will be led by the Office of Management and Budget (OMB). Among other things, the Administration is working towards a two-year goal to process environmental documents for major infrastructure projects while maintaining environmental protections. Administration Cancels Obama Administration Flood Risk Reduction Standards As part of the President’s new EO on Infrastructure, President Trump canceled the Obama Administration’s Federal Flood Risk Management Standard. The FFRMS was established to address possible future flood impacts due to climate change. FFRMS would have required that projects receiving federal funds be constructed to provide a higher level of flood protection than currently required by the existing Corps or FEMA standards. FFRMS would have required the projects be designed and constructed to meet one of the following criteria:
Use best-available, actionable hydrologic and hydraulic data and methods that use current and future changes in flooding based on climate science;
Use a freeboard of two-feet above the FEMA 100-year flood for non-critical structures and three-feet above for critical structures such as hospitals and evacuation centers, and;
Use the FEMA 500-year flood elevation as the build height.
Each federal agency was tasked with producing their own set of requirements for meeting the FFRMS and many agencies were still working through this process when the EO canceling the effort was issued. The FFRMS was not without controversy. It drew opposition from many industry organizations as well as the Chairman of the Senate Appropriations Committee. EPA/Corps Move to Rescind “Waters of the United States” Rule The US Environmental Protection Agency (EPA) and the Corps announced their decision to rescind the Clean Water Rule they published in 2015. The rule was intended to clarify the bodies of water that would be regulated under the Clean Water Act as “Waters of the United States.” However, the rule has been challenged on multiple fronts and is currently stayed under court order while the competing complaints are addressed. The decision comes after February’s EO by President directing the EPA Administrator to review options for repealing or revising the Clean Water Rule. This new action allows EPA and the Corps to begin the notice and comment process for preparing a new draft rule defining the reach of the Clean Water Act. Until a new rule is finalized, the definition governing waters subject to regulation will be based upon the standard that was in place prior to the 2015 rule, which was itself considered confusing. Senate Confirms Brock Long for FEMA Administrator The Senate confirmed Brock Long as FEMA administrator by a 95-4 vote. Long previously served as a National Hurricane Program manager from 2001-2006. He has also served as the director of the Alabama Emergency Management Agency where he oversaw the state’s response to the Deepwater Horizon oil leak.
VENTURA PORT DISTRICT DEPARTMENTAL STAFF REPORT Meeting Date: September 27, 2017 TO: Board of Port Commissioners FROM: Joe A. Gonzalez, Facilities Manager SUBJECT: August 2017 Facilities Report • Facilities
a) Continuing to perform preventive maintenance on certain areas that need immediate attention on the Ventura Harbor Village buildings to prevent dry rot.
b) Two domestic water backflows have been replaced within the village; one that serves the 1575 Building and the other device serves 1567 building.
c) One restaurant water meter has been
replaced; located at 1567 building.
d) The two main fire hydrants water backflow devices have been refurbished and serviced. These backflows serve all fire hydrants and fire sprinklers within the Ventura Harbor Village.
e) Several bollards and fire hydrants within the village have been refurbished with new
primmer and paint.
• Marina The Maintenance Department continues to perform the monthly inspections on all gangways, docks, fire extinguishers, fish pier cranes and fire boxes.
The Maintenance Department continues to provide assistance to the Marketing Department on weddings, set-up for events, during events, installation of banners/flyers, or whatever the needs are to make a successful event.
• On-going Projects 1. VHV Window Replacement: Window replacement project is going as planned
and the contractor is currently about 98% done. Three windows had to be re-ordered. The project will be 100% done after the installation of these three windows. Contractor anticipates for the windows to be delivered within two weeks.
2. 1583 Elevator Modernization: The District and Thyssenkrupp Elevator Company has finalized all the necessary paperwork. Staff is working on coordinating with tenants and we anticipate starting the mechanical part of this project soon. This project will take approximately one month to complete.
VENTURA PORT DISTRICT DEPARTMENTAL STAFF REPORT Meeting Date: September 27, 2017 TO: Board of Port Commissioners FROM: John Higgins, Harbormaster SUBJECT: August Harbormaster/Harbor Patrol Report Public Safety Overview: This summer will have been the busiest and highest attended season to date. Crowds often exceeded available parking on weekends and the mid-week visitor numbers were strong both on the beach and within the Village. Staff really doubled down their efforts to make the visitor experience as best as possible.
On the water, things were very active and overall the relatively calm conditions allowed for people to recreate safely. A number of outside groups like the RcFX Foundation, Naval Base Channel Islands Kids Camp, Lake Casitas Jr. Lifeguards, and City of Port Hueneme Jr. Lifeguards visited our Harbor for the first time and took part in the many activities. Each group was excited to increase their visits in the future. We believe introducing these young kids and their families to the Harbor at a young age will result in long term connection with this special place.
South Beach Update: We observed crowded beaches throughout the week. Our efforts to lessen errant trash issues has paid off with the addition of a large dumpster at Harbor Cove and locating the trash cans at the entrance/exits to the beach. Our sand profile has remained fairly consistent with some additional sand movement south of the Surfers Knoll Groin replenishing the beach. This was a result of a couple of minor Southern Hemisphere Swells. The investment in a Lifeguard Program resulted in a safer beach as most of the efforts were focused on education and prevention. The number of 911 responses to the beach was down significantly this year as the majority of potential life threatening rescues were addressed promptly. After aggressive efforts over the past two years by the Harbor Patrol, Police Department, Fire Department, and Dockmasters, we have almost completely eliminated beach bonfires. This was a significant relief as numerous problems arose from this seemingly benign local issue. Over the years the most popular burned item was stolen pallets that contain numerous nails. After the fires were concluded the area was often dusted with light sand leaving numerous hazards
like shark nails, broken glass, and hot embers just underneath. The elimination of these fires has resulted in a much safer beach for our visitors and wildlife. Harbor Cove Beach: One word to describe Ventura Counties Safest Beach would be “Active”. On any given day you can find a number of different recreational activities taking place. Some of the activities that occurred on a regular basis were long distance swimming, scuba diving lessons, triathlon training, paddling, fishing, volleyball, bird watching, Jr. Lifeguards, dog training, birthday parties, family reunions, and baptisms.
While this was a team effort to maintain this vibrant area, there was one person who really should be recognized as doing an exceptional job. Juan Valeriano is the maintenance custodian assigned to the beaches and specifically on the weekends when the crowds were the largest. Mr. Valeriano represents the best qualities in a Port District Employee. He was always the first person to answer the public’s questions, offer assistance, fix issues, and maintain the beaches and facilities to the highest level possible. As the Harbormaster, I would especially like to thank Mr. Valeriano for his dedication to make our Harbor special. Domoic Acid Naturally Occurring Event: The number of ill or deceased marine life on the beach and within our harbor remains fairly consistent due to robust local population. This issue continues to create a challenge as there are no agencies to call for assistance or to mitigate the health hazards. While we try to remove as much as possible, our lack of heavy equipment has made what should be a short removal and burying a more prolonged and sometimes visually bewildering process. I would like to suggest we consider a more long term solution to this challenge and either consider contracting out the disposal services or investigating the purchase of a small/mid-sized multi-use tractor.
Dog Challenges: Ventura Harbor has marketed itself as a dog friendly environment for the past several years. This has resulted in numerous dog owners frequenting the Harbor on a regular basis and in some cases daily. On a typical day the Harbor Patrol will see about 30 dogs with a number on the weekend climbing closer to 100 plus. Rarely are there issues and more often than not the experience for both the dog and the owner is good.
More recently we have noticed more complacency amongst some dog owners. Things like leaving dogs unattended within the Village or inside cars are some of the biggest challenges. Another area that could be improved upon is dogs on leash and in direct control of their owner. Because of the fluctuation of visitors during the week, the locals have become accustomed to having their mostly well behaved dogs off leash, but within their immediate control during the morning and evening hours when the pedestrian traffic is slow. This has expanded to weekends and after hours when other pet owners are present. Unfortunately, there are not enough Animal Control Officers in the City to effectively address this issue and our Harbor Patrol Officers are not trained or equipped to handle dog issues. We feel the best way to maintain our high level of professionalism and customer service is to implement a positive campaign promoting responsible dog ownership. While I was doing some research, I found that September is ‘AKC Responsible Pet Owner Month’. Using this information to complement ideas that the Harbor Patrol and Marketing will put together in the near future will give us a consistent platform to work from. Taking a positive approach to the challenge allows for everyone to participate and lessens the defensive reaction that often comes with trying to address it in an enforcement manner. With positive education throughout the Harbor and within businesses, the message can spread far more effectively. We will then monitor the trends and report back to the Commission with the results. Lifeguard Program Options: I continue to gather information and put together options for South Beach Lifeguard services. Over the past two months, I have met seven times with the City of Ventura to discuss the possibility of a joint endeavor. I will continue to work on this and plan to be able to provide the Board with several options in the coming months.
Marine Hazards: In June, I attended a regional Public Safety Meeting where we discussed Ocean Rescue related topics and Marine Hazards. Our group agreed to adopt the State Lifeguard policy for our beaches. This policy has a tiered response to posting or closing beaches based on the observed shark activity. Since that time, I am relieved to say that we have not been seeing the juvenile White Sharks along our beaches on a regular basis. During the peak summer months and during special programs like the Jr. Lifeguards, we performed marine hazard patrols daily and multiple times during the weekends for the benefit of our Ventura patrons.
Boat Disposal Program - Surrendered and Abandoned Vessel Exchange Over the past two years we have disposed of 10 in- the-water boats, and 8 trailered boats through the State Grant Program. We were the only active Ventura County Agency participating in this program. Additional funding has been requested through another grant, but the results have not been announced. More program information can be found at http://www.dbw.ca.gov/?page_id=28816. Port District & Ventura City Collaboration: • Performed Training With City Fire Department • EMT Skills Testing • Meeting to discuss In Vehicle Computer & Radios • Meetings with City Fire & Recreation Department Other Training & Collaboration: • US Coast Guard Mass Casualty Planning & Exercise • Ventura County Fire/EMS Chiefs Association Meeting • Host Location - United States Lifesaving Jr National Team Training • Ventura Police Department Vessel SWAT Training • Ventura County Office of Emergency Services Meeting - Harbor Entrance Camera
Harbor Patrol 911 Calls (85 Calls Between 6/21 & 9/21
ATTACHMENTS: Attachment 1 - Soundings: Overall Harbor Entrance and Sand Trap Conditions Remain Stable
Marketing Report July/August 2017
Beautification Project/ Visitor Experience • Conducted weekly walk through with Facilities Manager to enhance the new spaces
open of the beautification project for weekend customers • Reorganized signage weekly, cleanliness of planters and areas for the public, reinstalled
visitor experience amenities (photo boards, telescopes, nautical knot tying station, etc.) • Met with the Channel Islands National Park to start discussion on funding a
informational signage on the new island exhibit in the main courtyard • Enhanced a large wood panel along the Promenade with images of the Ventura Harbor
during construction through Rock on the Dock (images shown to the right)
Public Relations/Marketing • Finalization of Ventura Harbor/Harbor Village tourism Rack Cards: 72 locations • Somerville Associates pitched and secured a radio interview on WHGM radio with
Host/Producer Annie Cochran and the Harbor Marketing Manager on “Travel with Annie” broadcasting in Maryland, Delaware & Pennsylvania. Aired: August 31, 2017
• Somerville Associates distributed the following press releases to 304 media outlets: • Fall Seaside – California’s Second Summer • Wavelengths press release on Harbor happenings, events, and new at the Harbor • Rock on the Dock – Floating Stage Concert Series Returns for Sept. Saturdays
Event Production/ On-Site Promotions • “Happier Seaside” campaign launched for the summer promotions/ads • Seaside Kids Club weekly production, including bonus day for Members on August 19 • Wet Wednesdays weekly entertainment /offers/ Visitor Booth • Rock on the Dock in full-production: Secure bands/contracts/staffing/dock
enhancements/secured Ventura Boat Rentals as an in-kind sponsor • Prepare Rock on the Dock Posters (100) / Rock on the Dock advertisements • September Happenings Rack Cards (2,500): Rock on the Dock/Ventura Art & Street
Painting Festival/ Ventura Comedy Club • Production of Steel Drum Saturdays & Live Music Sundays at Harbor Village
Ventura Harbor Village Summer Promotions
Marketing Report July/August 2017
Seaside Kids Club July 6 – August 10
Wet Wednesdays July 5 – August 30th
Seaside Kids Club promotes family friendly business in Harbor Village to increase lunch/mid-week traffic. Coordinated 6 events - each included entertainment and a nautically themed craft.
Single Day Registration • $2 to participate in 1 session • New Harbor Patrol Sticker
NEW Membership Offer: • $10 to participate in all 6 sessions • Seal or Island fox after 3 sessions • Seaside Kids Club Sticker • 50 cents off Coastal Cone
Entertainment $2,525.00 Production $531.00 Total Expenses $3056.00
Paid Membership $358.00 Day Registration $424.00 Total Income $782.00
Wet Wednesdays: Promotion working with tenants to drive mid-week traffic by enticing visitors with live steel drum entertainment + various tenant specials. New Visitor Booth set up weekly: • List of specials + deals • New Harbor Postcards (free postage) • Scavenger Hunt for Children • Prizes & Magnets • Whale Watching Giveaway
Wet Wednesdays Highlights: • 22 Harbor Village tenants participated • 54 surveys completed • 60 entries for e-newsletter sign up • 45 postcards mailed (10 states reached)
“This is the greatest day of my life at the Harbor” – Seaside Member, age 10
Steel Drummer Expense (9 weeks): $2,700
Top 5 Pages Visited on VenturaHarbor.com ( July/August 2017): 1) Harbor Cove Café 2) Beaches 3) Directions 4) Restaurants 5) Ventura Swimwear
Top referral sites : Google and search engines | Direct | TheGreekVentura.com | Marriott.com | Facebook | VisitCalifornia.com
Data from July 1 – August 31, 2017
Data from July 1 – August 31, 2017 VenturaHarborVillage.com
Top 5 Pages Visited on VenturaHarborVillage.com ( July/August 2017): 1) Dine 2) Events 3) Play 4) Shop 5) Explore
Top referral sites: Google and search engines | Direct | Facebook Mobile | Facebook | VenturaHarbor.com | VenturaBoatRentals.com | TheUltimateEscapeRooms.com
Marketing Report July/August 2017
Note: Two month report
Social Media Analytics
Marketing Report July/August 2017
Seaside Kids Club Promotion
Campaign targeting local families for 6 themed Seaside Kids Club Summer Thursday’s in July & August. Instagram engagement : 1,449 Likes 27,929 Impressions 20,751 People Reached
Wet Wednesday Promotion
3,228 Likes 42,456 Impressions 32,157 People Reached
Targeting midweek visitation. Featured tenant offerings and live steel drum every Wednesday! Instagram engagement:
Top Instagram Posts
July 1 – August 31, 2017
+ 377 followers gained = 8,752 total followers
Social Media Analytics (Cont.)
Facebook 18,837 Followers 19,418 Engagements 867,368 Impressions
Twitter 4,446 followers 33,300 Impressions
Marketing Report July/August 2017
Overall, our Wet Wednesdays Facebook Campaign post reach totaled 92.4k!
This musician inquiry and pre-promotion post reached 16,673 people and had 403 engagements in one post! Garnered a lot of interest about the concert series and attracted talented entertainers.
VENTURA PORT DISTRICT DEPARTMENTAL STAFF REPORT Meeting Date: September 27, 2017 TO: Board of Port Commissioners FROM: Frank Locklear, Marina Manager/Technology SUBJECT: August Marina Report I. Ventura Harbor Village Marina Occupancy and Squid Production
Late summer squid production has dwindled as expected throughout the region, due to high ocean water temperatures.
Ventura Harbor Village Marina slip occupancy has remained near 100% throughout July and August. Wandering tenant squid vessels that call Ventura home port are returning to their slips in preparation for the landings that are expected to resume with the return of cooler weather and ocean temperatures.
II. Technology AT&T has improved and expanded fiber optic services for tenant use in the Village. The increased services make the Ventura Harbor Village a more attractive retail and business location.
Improvements to equipment for the large conference room A/V system has begun and will be completed by the first week of October. The equipment will provide enhanced audio and visual capability for Port District teleconference meetings and presentations.
Essential upgrades to the District’s accounting server are currently underway and will be completed before the end of the month. The upgrade is necessary prior to the installation of system mandated updates to the Sage Accounting Software.
VENTURA PORT DISTRICT DEPARTMENTAL STAFF REPORT Meeting Date: September 27, 2017 TO: Board of Port Commissioners FROM: Robin Baer, Property Manager SUBJECT: August 2017 Property Report I. Tenant Report
1) Coffee Dock & Post --- 1575 Spinnaker Drive #105 A&B – The owners wish to assign their interest in the lease to Josefina Aguilar dba Espresso Mi Cultura. Josefina Aguilar previously owned a coffee house in Hollywood that received “Best Coffeehouse for Night Life” by ZAGAT. She currently resides in Pasadena, but will be relocating to Ventura. She plans on focusing on coffee, books, music, artwork and cultural events. She wants to develop the business into being the “Best Local Neighborhood Coffee House”.
2) BS Taproom --- 1591 Spinnaker Drive #115 – Drawings have been submitted to the City of Ventura. Waiting on DRC Meeting in October to move forward. Estimated completion third quarter of 2018.
3) Rhumb Line --- 1510 Anchors Way -- Drawings have been submitted to the City of Ventura. Waiting on DRC Meeting in October to move forward. Estimated completion second quarter of 2018.
4) Greek Restaurant --- 1583 Spinnaker Drive #101 -- The bar remodel is in design stages with the tenant. The design is subject to District approval. District waiting on tenant to provide design drawings.
II. Leasing 1) Leasing Outreach
• Posted online with Loopnet for office, restaurant and retail spaces. • Created a leasing campaign to contact realtors seeking specific square footage
spaces and our location: Outreached leasing packets to realtors/brokers interested in our type
of complex (CA, TX, AZ, NJ, FL, etc.) 122 Direct Emails --- for Lighthouse building leasing opportunity. They
can also view all other available office and retail spaces. Site visits to the following:
o Santa Barbara --- French Press Coffee, Daily Grind, Evangelina Boutique, Savoy Wines, Peets Coffee & Tea, Le Macaron Pastries, See’s Candies, Pickles & Swiss, Savoy Café & Deli, California Pasta, Via Maestra 42
o Ventura --- Very Ventura Gift Shop, Spice Topia • Posting ads online via Loopnet / Costar which covers the following:
200,000 commercial real estate professionals able to view our listings 24 Million visitors to these sites 83% of all 2016 commercial real estate transactions involved these
2) Overview of FY2016/2017 leasing strategy goals: • Motionloft – A new pedestrian and vehicle counts system. This technology will
deliver reports with specific times, dates and locations. Sensors have been installed and awaiting the final setup configuration of the system. Estimated date to receive reports will be third quarter of 2017.
• Obtain monthly, quarterly and annual data from real estate sources; • Procured Co-star for real estate analytics; • Increase annual rental revenue to VPD at (or above) consumer price index; • Achieve vacancy rates for office, retail, restaurant below comparable properties
in the City of Ventura • Attendance and participation with real estate, trade shows, webinars and
networking events and others as applicable; • Annual memberships with leasing, real estate and development organizations; • Visit prospective tenant locations and meet with business owners.
III. Occupancy level at Harbor Village – August 2017 CATEGORY Harbor Harbor City * City *
Vacancy Vacancy Vacancy Available Sq Ft % % %
Office 2,615 9% 12% 22% Retail 1,381 6% 15% 24% Restaurant 0 0% 10% 9%
*Based on comparable square footage IV. July and August Sales Report
The attached summary provides sales for three categories: restaurants, retail and charters. The reports compare the monthly sales for 2017 and 2016. They also include year-to-date comparisons. Retail sales are up 14.93% and Charters are up 20.60% for the month of July 2017. The year-to-date overall sales were up 8.82% for July 2017 and 7.46% for August 2017 from the same time last year.
Attachment 1 – July & August Tenant Sales COFFEE DOCK & POST --- Current
STATE OF CALIFORNIA
06/19/17 0.98 0.92 18306/20/17 0.98 0.92 18206/21/17 0.99 0.92 18106/22/17 1.00 0.92 18606/23/17 1.00 0.92 18806/24/17 1.00 0.92 18806/25/17 1.00 0.92 18806/26/17 1.01 0.93 18406/27/17 1.01 0.93 18206/28/17 1.01 0.93 18206/29/17 1.01 0.93 18106/30/17 1.03 0.93 19407/01/17 1.03 1.03 194 June 2017 0.978%07/02/17 1.03 1.03 194 May 2017 0.925%07/03/17 1.03 1.03 199 Apr 2017 0.884%07/04/17 1.03 1.03 19907/05/17 1.04 1.03 19707/06/17 1.04 1.03 19607/07/17 1.04 1.04 19507/08/17 1.04 1.04 19507/09/17 1.04 1.04 19507/10/17 1.05 1.04 19207/11/17 1.04 1.04 19407/12/17 1.05 1.04 19407/13/17 1.05 1.04 19207/14/17 1.05 1.04 19307/15/17 1.05 1.04 19307/16/17 1.05 1.04 19307/17/17 1.05 1.04 19107/18/17 1.05 1.04 19007/19/17 1.05 1.04 193
7/19/2017Based on data available as of
Quarter to Date:Average Life:
View Prior Month Daily Rates
PMIA Average Monthly Effective Yields
*Daily yield does not reflect capital gains or losses
PMIA Performance Report LAIF Performance Report
Date Daily Yield*
(in days) Apportionment Rate: 0.92%
Quarter Ending 06/30/17
Earnings Ratio:Fair Value Factor:
Certificates of Deposit/Bank
Pooled Money Investment AccountPortfolio Composition
BOARD OF PORT COMMISSIONERS
SEPTEMBER 27, 2017
CONSENT AGENDA ITEM A APPROVAL OF OUT OF
TOWN TRAVEL REQUESTS
VENTURA PORT DISTRICT CONSENT AGENDA ITEM A BOARD COMMUNICATION Meeting Date: September 27, 2017 TO: Board of Port Commissioners FROM: Oscar F. Peña, General Manager SUBJECT: Out of Town Travel Requests RECOMMENDATION: That the Board of Port Commissioners approve by motion the following out of town travel requests for:
A) Electrician, John Collins to travel to Ontario, California to participate in the California Building Officials Education Week (CALBO) on October 15 – 18, 2017. Attending this conference will allow Mr. Collins to keep up with continuing education units for Port District property inspections. Estimated cost for the travel is as follows:
Registration $830.00 Lodging $418.50 Meals $410.00 Mileage $111.54 TOTAL $1,770.04
B) Harbormaster, John Higgins to travel to Oakland, California to participate in the California
Harbormasters and Port Captains annual conference October 15 – 19, 2017. Attending this conference will allow Mr. Higgins to network with other Harbormasters and Managers, attend workshops for self-improvement and represent Ventura Harbor. Estimated cost for the travel is as follows:
Registration $375.00 Lodging $960.67 Meals $250.00 Mileage $375.00 TOTAL $1,620.00
BOARD OF PORT COMMISSIONERS
SEPTEMBER 27, 2017
STANDARD AGENDA ITEM 1 Phase II Ventura Harbor Village
Reroofing Project Contract Award
VENTURA PORT DISTRICT STANDARD AGENDA ITEM 1 BOARD COMMUNICATION Meeting Date: September 27, 2017 TO: Board of Port Commissioners FROM: Richard Parsons, Project Manager Joe Gonzalez, Facilities Manager SUBJECT: Phase II Ventura Harbor Village Reroofing Project Contract Award RECOMMENDATION: That the Board of Port Commissioners award the Phase II Ventura Harbor Village Reroofing Project to The Garland Company, Inc. in the amount of $638,849.00. SUMMARY: The Port District’s FY17-18 Capital Improvement Budget includes $660,000 for reroofing of the Harbor Village buildings at 1431 Spinnaker Drive (NPS), 1591 Spinnaker Drive (Le Petite), and 1691 Spinnaker Drive (Island Packers). Utilizing procedures established by the U.S. Communities government cooperative contracting process, the District has received a bid from the Garland Company to accomplish the reroofing project for $638,849.00. The District had in March 2017 received a low bid of $1,064,235 for this work utilizing our standard bidding procedure. That bid was rejected and we began working with the U.S. Communities cooperative contracting approach. Upon legal counsel’s review and approval of that approach, U.S. Communities put us in contact with the Garland Company. That company had previously been the successful low bidder on a government agency contract. The contract now proposed with the Garland Company deletes the following two work items from that included in the earlier bids: The tile mansard roof around the premises at 1591 Spinnaker Drive that is expected to
be occupied by BS Taproom is not included because it has not yet been established by the City what the final treatment of that roof is to be.
The tile mansard roof at 1431 Spinnaker Drive is not included because it continues to function well due to its steepness and to keep the project within budget. (The flat built-up roof, which has experienced leaks, will be replaced.)
The Garland Company bid includes a 30 year labor and material warranty on the flat built-up roof work and a 30 year warranty on the underlayment on the tile mansard roof sections. BACKGROUND: In 2012, the Port District retained the Corrough Consulting Group to prepare a Capital Needs Assessment Report to identify the capital needs of all of the District’s operated facilities within the harbor. One of the primary needs identified in this report was the reroofing of the then 30 year old roofs of the eight retail and office buildings comprising Harbor Village. In 2015, the District proceeded to replace the entire roof system at 1449 Spinnaker Drive (Andria’s) and at 1559 Spinnaker Drive (Brophy’s), as well as the tile mansard at 1691 Spinnaker Drive (Island Packers). That work was accomplished at a cost of $780,764.00. Upon completion of the Phase II work now proposed, there will remain the buildings at 1567 Spinnaker Drive (Hats/Margarita Villa), 1583 Spinnaker Drive (Coffee Dock), and 1575
Spinnaker Drive (The Greek/Boatyard Pub). The District’s Capital Improvement Plan has these roofs programed for FY19-20 and FY20-11. FISCAL IMPACT: The awarding of the reroofing contract to the Garland Company in the amount of $638,849.00 is within the budget amount of $660,000.00. ATTACHMENT: Attachment 1 – The Garland Company 9-20-17 Letter
THE GARLAND COMPANY, INC. HIGH PERFORMANCE BUILDING ENVELOPE SOLUTIONS
CENTRAL CALIFORNIA DIVISION PHONE: (661) 889-0449 • EMAIL: [email protected]
NATIONWIDE: 1-800-321-9336 www.garlandco.com
September 20, 2017
Dear Ventura Port District,
Thank you for considering Garland Industries and Garland Design Build Solutions (DBS) for your roofing project at Ventura Harbor. Garland/DBS sent a request for proposal (RFP) to eight (8) different local approved contractors for the roofing work and received bids from four (4) roofing contractors to complete the roofing work at the harbor. The lowest responsible bidder was determined to be Western States Roofing Inc. and the total bid amount was $638,849.00. Rasmussen and Associates was consulted regarding the specifications, substitution requests and modifications to the scope of work for the project. Rasmussen reviewed all technical information, testing references, design calculations and warranty information to determine if the proposed roofing system would meet or exceed the design criteria specified, and all substitutions were accepted. The roofing system proposed will carry a 30-year No Dollar Limit (NDL) Edge-to-Edge labor and material leak-free warranty on the low-slope roof sections and a 30-year material warranty on the underlayment of the steep slope, tile roof sections. This project was bid using the US Communities government cooperative purchasing contract for the labor and materials to complete the project. Use of the US Communities contract by the Ventura Port District has allowed the Port District to purchase materials and services at the lowest prices offered with Garland/DBS as the prime contractor and Western States Roofing as the subcontractor.
Since our founding in 1895, The Garland Company, Inc. has remained strong, never wavering from our people-first philosophy and our firm belief that your success is the best guarantee of our own. We’ve built our reputation on remaining dedicated to our customers and committed to our promises. In that spirit of partnership, I’d like to take this opportunity to thank you for your friendship and for becoming a very valued addition to our partners here in California.
Garland is a privately held, 100 percent employee-owned company, which enables us to lead with the needs and expectations of our customers rather than Wall Street influencers. Every Garland employee-owner understands that the long-term success of each and every one of us is directly dependent on our ability to make you, our customers, successful.
We value the trust you have placed in us and look forward to continuing our relationship for the life of your buildings. If you have any questions or concerns about any aspect of our performance, I hope you will let me know.
Jason Moronnolte,Territory ManagerEmployee Owner Since 2014
BOARD OF PORT COMMISSIONERS
SEPTEMBER 27, 2016
STANDARD AGENDA ITEM 2 ASSIGNMENT AND ASSUMPTION OF
THE LEASE AGREEMENT FOR COFFEE DOCK & POST
VENTURA PORT DISTRICT STANDARD AGENDA ITEM 2 BOARD COMMUNICATION Meeting Date: September 27, 2017 TO: Board of Port Commissioners FROM: Robin Baer, Property Manager SUBJECT: Assignment and Assumption of the Lease Agreement for Sandra Aiken, Ashley
Hwang, Janice Hwang, Priscilla Levy dba Coffee Dock & Post, 1575 Spinnaker Drive #105 A&B
RECOMMENDATION: That the Board of Port Commissioners approve the proposed Assignment and Assumption of Lease between Sandra Aiken, Ashley Hwang, Janice Hwang, and Priscilla Levy dba Coffee Dock & Post and Josefina Aguilar for the premises located at 1575 Spinnaker Drive #105 A&B, Ventura, California 93001. SUMMARY: We are fortunate to have this new tenant in the complex. Staff recommends the Board’s approval of the assignment and assumption of lease agreement. BACKGROUND: On January 1, 2015, Sandra Aiken, Ashley Hwang, Janice Hwang, Priscilla Levy, operating under the trade name “Coffee Dock & Post,” entered into a lease agreement with Ventura Port District dba Ventura Harbor Village for the premises located at 1575 Spinnaker Drive #105 A&B, Ventura, California 93001 (“Lease”). Sandra Aiken, Ashley Hwang, Janice Hwang, Priscilla Levy subsequently formed Coffee Dock & Post now wishes to assign their interest in the Lease to Josefina Aguilar dba Espresso Mi Cultura. Subject to the Board’s consent, Sandra Aiken, Ashley Hwang, Janice Hwang, Priscilla Levy and Coffee Dock & Post have agreed to execute the document titled “Assignment and Assumption of Lease,” a copy of which has been provided to the Board for review and consent. Josefina Aguilar previously owned a coffee house in Hollywood that received “Best Coffeehouse for Night Life” by ZAGAT. She currently resides in Pasadena, but will be relocating to Ventura. She plans on focusing on coffee, books, music, artwork and cultural events. She wants to develop the business into being the “Local Neighborhood Coffee House”. FISCAL IMPACT: This lease change has no fiscal impact. ATTACHMENTS: None.
BOARD OF PORT COMMISSIONERS
SEPTEMBER 27, 2017
STANDARD AGENDA ITEM 3 CONTINUATION OF GENERAL MANAGER’S EMPLOYMENT
VENTURA PORT DISTRICT STANDARD AGENDA ITEM 3 BOARD COMMUNICATION Meeting Date: September 27, 2017 TO: Board of Port Commissioners FROM: Timothy J. Gosney, General Counsel SUBJECT: Continuation of General Manager’s Employment_______________________ RECOMMENDATION: That the Board of Port Commissioners approve Amendment No. 5 to the General Manager’s Restated Employment Agreement. BACKGROUND: During the General Manager’s last performance review, some issues were raised with respect to Mr. Peña’s long term employment plans. He is nearing completion of his 20 years of service as a PERS member through his employment with the District. In addition, the Board has come to recognize the high skill level and extreme value the Business Operations Manager has brought to the District, and concern exists that he could be “lured” aware to another public sector job, causing a loss of that expertise and skill level developed during the period of his employment with the District. It was with these concerns in mind that then Chairman Friedman appointed himself and Commissioner Ashworth as an ad hoc committee, with Board approval, to meet with Mr. Peña to study and review his current employment agreement (including the automatic rollover of the term to ensure a two year term effective January 1st each year) and discuss his ultimate retirement plans, so that a comprehensive amendment to his agreement could be prepared and brought to the Board for action. Commissioners Ashworth and Friedman have been meeting with the General Manager off and on with these issues in mind since late 2016. The General Manager has provided alternative proposals for amending his contract that would lead to a fixed retirement date as well as appropriate compensation adjustments, including shifting payment of the Employee Paid Membership Contribution from the District to Mr. Peña. In early July, Mr. Peña submitted a written proposal to the ad hoc committee addressing all of those issues. After further discussions between Mr. Peña and the committee, a revised proposal was submitted by Mr. Peña on August 11th. In subsequent meetings, the ad hoc committee members reached an understanding with Mr. Peña that they could support a modification of his employment agreement on the terms set forth in his revised proposal. Of critical importance to the ad hoc committee was Mr. Peña’s agreement to set his retirement date at April 30, 2019, which, under PERS regulations, qualifies him for the 20 year public service level of benefit. The amendment to his contract is to be retroactively effective July 1, 2017, and continue through April 30, 2019, unless modified by agreement. In addition, with relatively minor adjustments in his compensation effective July 1, 2017, and January 1, 2018 (the first adjustments in several years), Mr. Peña proposed that he begin to pay 6% of his PERS retirement contribution after the amendment of his employment agreement is approved by the Board (that date should be October 1, 2017). ATTACHMENT: Attachment 1 – Amendment No. 5 to Restated Employment Agreement
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AMENDMENT NO. 5
TO RESTATED EMPLOYMENT AGREEMENT
This AMENDMENT NO. 5 TO RESTATED EMPLOYMENT AGREEMENT amends that certain RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) dated and effective, July 1, 2017, as amended on October 3, 2006, July 25, 2007, July 23, 2008, and September 15, 2010, by and between Ventura Port District (hereinafter referred to as “VPD”), a political subdivision of the State of California, and Oscar F. Peña (hereinafter referred to as (“Peña “).
A. VPD and Peña entered into the Agreement with respect to Peña’s at will
employment with VPD as VPD’S General Manager.
B. The parties have from time to time modified the Agreement by mutual agreement to reflect negotiated changes in compensation, benefits for Peña, and the term of the Agreement.
C. The parties now desire to further amend Section 2, paragraph A, with regard to Salary, Section 2, paragraph D, with regard to Pension, and Section 3, with regard to Term.
NOW, THEREFORE, the parties agree as follows:
1. Section 2, paragraph A of the Agreement shall be deleted in its entirety and the following inserted in its place: “A. Salary. Effective July 1, 2017, Peña’s annual base salary shall be One Hundred Seventy Six Thousand Nine Hundred Ten Dollars ($176,910.00), payable in monthly installments of Fourteen Thousand Seven Hundred Forty Three Dollars ($14,743.00), less any deductions required or permitted by law. Commencing January 1, 2018, Peña’s annual base salary shall be increased to One Hundred Eighty Two Thousand Two Hundred Seventeen Dollars ($182,217.00), payable in monthly installments of Fifteen Thousand One Hundred Eighty Five Dollars ($15,185.00), less any deductions required or permitted by law. In addition, effective January 1, 2018, Peña’s performance shall be evaluated in accordance with the General Manager Performance Evaluation Policy adopted by the VPD Board of Port Commissioners (the “Board”). The performance evaluation and salary review shall include an evaluation of Peña’s successful completion of mutually agreeable goals and objectives established by the Board and Peña, along with other factors deemed critical to the successful functioning of VPD. The review may be conducted by the Board as a whole or by a committee appointed by the Chairman of the Board.”
2 H:\ADMINISTRATION\Boards, Committees, Meetings\Board of Port Commissioners\Port Commission 2017\09.27.17\9 - Standard Item 3 - Attachment 1 - Amendment No. 5 - 09-2017.docx
2. Section 2, paragraph D, of the Agreement shall be deleted in its entirety and the following inserted in its place: “D. Pension. VPD shall continue Peña’s enrollment as a member of the California Public Employees Retirement System (PERS). However, effective October 1, 2017, and continuing until December 31, 2017, Peña shall pay six percent (6%) of the seven percent (7%) of the employee contributions to PERS and VPD shall pay the remainder of the employee’s PERS contribution, if any. Effective January 1, 2018, Peña shall pay the full seven percent (7%) employee contribution to PERS. VPD shall pay all of the employer’s PERS contributions during the term of this Agreement.” 3. Section 3 of the Agreement shall be deleted in its entirety and the following inserted into its place: “Section 3. Term of Agreement. The term of this Agreement shall commence and be effective July 1, 2017, and shall continue for a period of twenty-two months, expiring on April 30, 2019, unless sooner terminated as provided herein, or as the parties may otherwise agree. Notwithstanding the terms of the Agreement, Peña agrees he is an at-will employee and may be terminated in accordance with Section 4 below. Further, Peña agrees that if he is terminated prior to the expiration of this Agreement, or any extended term thereof, his sole remedy shall be that afforded to him under Section 6.” 4. Except for the Amendments set forth above in this Amendment No. 5 to Restated Employment Agreement, the Agreement, as previously amended, shall otherwise remain unchanged. DATED: _______________, 2017 Ventura Port District
Board of Port Commissioners
_______________________________ _______________________________ Oscar F. Peña By: Everard Ashworth, Chairman
BOARD OF PORT COMMISSIONERS
SEPTEMBER 27, 2017
STANDARD AGENDA ITEM 4 VENTURA SHELLFISH ENTERPRISE SITE SELECTION ALTERNATIVES
VENTURA PORT DISTRICT STANDARD AGENDA ITEM 4 BOARD COMMUNICATION Meeting Date: September 27, 2017 TO: Board of Port Commissioners FROM: Everard Ashworth, Chairman Oscar Peña, General Manager Brian Pendleton, Business Operations Manager SUBJECT: Ventura Shellfish Enterprise Site Selection Alternatives RECOMMENDATION: That the Board of Port Commissioners receive a report on the Ventura Shellfish Enterprise Site Selection Alternatives.
SUMMARY: On September 13, 2017 the Board of Port Commissioners received a report on the Ventura Shellfish Enterprise (VSE) Site Selection Workshops and siting alternatives. The siting workshops have helped the VSE project team to develop the project description and proposed lease locations that will be submitted to state and federal agencies as part of lease and permit applications. The workshops were part of a lengthy outreach process that will include subsequent state and federal environmental review and consideration of permit applications. There were seven alternative siting configurations presented to the Board and public on September 13th. These seven alternatives with minor adjustments and a Site Selection Matrix are included as Attachments 1 and 2 respectively. Of the seven siting alternatives, the VSE team has narrowed its focus to three siting locations within the candidate area. They are Alternatives 3, 4 and 5 which will be discussed in greater detail below. Of the three, 4 and 5 are considered the leading candidates. Staff intends to return to the Board, tentatively scheduled for October 11th with final recommendations for growing plot locations for submission of a lease application to the State. BACKGROUND: Project Goals Increasing the supply of safe, sustainably produced domestic seafood is a priority of the State Legislature, NOAA and the Department of Commerce. The Ventura Shellfish Enterprise (VSE) is a multi-party initiative that seeks to permit twenty 100-acre plots for growing the Mediterranean mussel (Mytilus galloprovincialis) via submerged long lines in state waters within the Santa Barbara Channel near Ventura Harbor. The Ventura Port District (VPD) received a substantial sub-award from a $300,000 NOAA 2015 Sea Grant for the proposed project in support of these goals. As part of the 2015 Sea Grant, the VSE developed a Strategic Permitting Plan previously provided to the Board and made available to stakeholders and the public (Attachment 3). This Strategic Permitting Plan provides a great deal of information about project goals, objectives and regulatory requirements. However for the District there are several key factors that align between its mission, goals and the proposed project as summarized below:
• Maintaining a safe and navigable harbor; • Diversification of commercial fishing opportunities to benefit the fishing industry, local
and regional economies;
• Continued priority (as a commercial fishing harbor) for federal funding appropriations for annual dredging of the federal harbor entrance.
Public Outreach The VSE team hosted a series of public educational workshops this year regarding the proposed project. In total there have been 10 educational and site selection workshops since January. A focused series of three workshops were held to engage with stakeholders to identify the location of twenty 100 acre parcels within a broader area of interest that was identified through use of a spatial planning tool developed by the Bren School of Environmental Science and Management at UC Santa Barbara (UC Bren School). The focused site selection workshops were held at the Four Points Sheraton Hotel in our Harbor on July 11 and 13 and the final workshop was held on August 9th. While in-person participation was strongly encouraged, individuals who were not able to attend the meetings were provided the opportunity to comment on site selection through SeaSketch linked to venturashellfishenterprise.com. Notice of the site selection workshops was mailed out to over 500 commercial fishing vessel owners between Goleta and Port Hueneme; additionally, VSE coordinated with NOAA representatives and commercial fishermen to encourage their attendance. Additionally, VSE contacted all of the individuals that have registered through the VSE website. This marine spatial planning opportunity was available through Wednesday, August 9th, the date of the final site selection meeting. The venturashellfishenterprise.com website continues to be used to communicate with interested parties who registered on the website. Candidate Area Considerations The larger candidate area was selected by the VSE with the assistance of analysis prepared by the UC Bren School. The selection of the candidate area is detailed in the Strategic Permitting Plan however some key considerations are summarized here. They include suitability of the candidate growing area for mussels such as water depth and ocean bottom; location in State waters near Ventura Harbor for product landing; avoidance of potential pollution sources; and avoidance of conflicts with existing subsurface leases for oil and gas pipelines, etc. Stakeholder considerations are discussed below. Since the original candidate area was identified over two years ago, VSE has come to realize that the minimum depth to support the leases should be adjusted from 60 feet to 80 feet. This depth is consistent with the only permitted mussel farm that can sell Mediterranean Mussels (Santa Barbara Mariculture, which is located in 80 feet of water off Hope Ranch), and with guidance that VSE has received from its aquaculture specialist – Scott Lindell, Woods Hole Oceanographic Institution. Siting Considerations with the Candidate Area The proposed project requires leases with the State of California and amount to approximately 10%-11% of the candidate area. However, State law also recognizes the importance of commercial and recreational fishing activities. Therefore, other stakeholder groups including recreational fishermen may be able to use the leasehold area, provided that such activities do not interfere with the mussel producers’ gear, equipment and operations. These issues will need further discussion with the State and stakeholders as the project moves through the permitting process. The stakeholder groups that have participated in the education and/or site selection workshops generally fall within four broad categories: potential mussel grower/produces, halibut trawlers, bait fishermen and recreational fishermen. A brief summary of their participation is provided below:
Potential mussel grower/producers Comments received from this stakeholder group have been largely supportive of the proposed project as a way to develop new fisheries close to Ventura Harbor that can provide economic opportunity for commercial fishermen. Indeed, many of the attendees participated to better understand the opportunity and to express their desire to obtain a sublease. Halibut trawlers The candidate area is relatively productive for California Halibut trawling. Fishing data collected by the CA Dept. of Fish and Wildlife is grouped by Block Code. Blocks 664 and 665 are within the candidate area (Attachment 4). The California Halibut data (Attachment #5) shows that over a 5-year period from 2012-2016 that 156,114 pounds were landed with a value of $723,690. In 2016, the last year of reporting, 35,263 pounds were landed with a value of $170,507. The regional trawlers association has voiced concern about use of the candidate area for mussel farming while advocating that if the proposed project were to move forward that it be contiguous, linear and as close to shore as possible (1 to 1.25 miles). Bait fishermen The candidate area is used by bait fishermen for the recreational fishing industry. Two typical types of bait fish include Anchovies and Sardines. The Anchovy data shows that over a 5-year period from 2012-2016 that 305,463 pounds were landed with a value of $98,055. The Sardine data shows that over a 5-year period from 2012-2016 that 77,177 pounds were landed with a value of $23,066. In three of the five years there was no reportable catch. The bait fishermen voiced concern about use of the candidate area for mussel farming while advocating that if the proposed project were to move forward that it be contiguous, linear and northerly in the candidate area. Suggestions were also made to relocate the project to the Santa Monica Bay, or west of Goleta. Recreational fishermen The candidate area is used by the recreational fishing industry and a variety of species are caught. The recreational fishermen voiced concern about use of the candidate area for mussel farming while advocating that if the proposed project were to move forward they maintain the ability to recreationally fish immediately adjacent to and if possible within the lease areas. Other Siting Considerations As depicted in the Site Selection Matrix other siting considerations include locations within or outside of the candidate area, approximate water depth for growing cost and efficiency purposes, potential visual effects from shore, adjacency to any potential adverse pollution sources, potential overlap with subsurface leases and contiguous siting. The VSE team, in coordination with the California Department of Fish and Wildlife aquaculture coordinator and the NOAA aquaculture coordinator for California, has carefully evaluated all of the considerations and has narrowed its focus to three siting locations within the candidate area. They are Alternatives 3, 4 and 5 which will be discussed in greater detail below. Of the three alternatives, 4 and 5 are considered the leading candidates. Alternatives #3 (Siting Along 80 Foot Depth Contour) Of the three alternatives located closer to shore following the 80 foot depth contour, Alternative #3 is the only one that can locate all 20 lease sites contiguously in the candidate area. Lease sites are located away from potential adverse water pollution sources with minimal potential visual effects from shore. The side-by-side configuration does however extend further towards the middle of the candidate area which is in an area where trawling operators have raised
concerns. However this same configuration may reduce concerns by bait fishermen because it remains further north in the candidate area. Alternatives #4 and #5 (Approximately 3 Nautical Miles from Shore) Alternative #4 and #5 are generally the same with the exception of slightly different positioning for navigational purposes. This different positioning causes Alternative #4 to extend more towards the middle of the candidate area while Alternative #5 extends slightly further south. In both cases all 20 lease sites are located in the candidate area adjacent to the outer edge of the candidate area (near 3 nautical miles) away from potential adverse water pollution sources with very minimal potential visual effects from shore. While trawling operators have voiced a preference for locating the project closer to shore, the linear configuration in both cases leaves more room in the middle of the candidate area for trawling. The same configuration may increase concerns by bait fishermen, given that they have voiced a preference for the site to be located farther north; however, available catch data for the two bait species discussed does not show that the proposed area is heavily used by bait fishermen. Staff intends to return to the Board, tentatively scheduled for October 11th, with recommended growing plot locations and a project description to be included with a lease application to be submitted to the State. Everyone who has registered on the VSE website will be notified of the meeting and VSE team members are reaching out to key stakeholder groups to discuss these alternative siting locations. This application will trigger the state environmental review process, known as the California Environmental Quality Act (CEQA). Dudek will prepare the Draft Environmental Impact Report (EIR) on the District’s behalf. FISCAL IMPACT: As previously reported, the Board authorized funding for use of SeaSketch in the amount of $12,000, as part of the site selection process. Additionally, Blake Stok was retained through a professional services agreement in the amount of $7,500 to assist the District in coordinating the meetings and interfacing with SeaSketch personnel. It is likely there will be additional cost for these two consulting services that have provided extensive support to the District during this outreach effort that will extend to October. ATTACHMENTS: Attachment 1 - VSE Siting Alternatives Attachment 2 - VSE Site Selection Matrix Attachment 3 - Strategic Permitting Plan Attachment 4 - CDFW Block Map Attachment 5 - CDFW Species Catch Data
Alternative #1 -20 lease sites located along the 80' contour at 45-degree angle
Alternative #2 - 20 lease sites along 80' contour with contiguous straight-line outer edge
Alternative #3 - 20 lease sites along 80' contour with 2X2 configuration extending toward the
middle of candidate area
Alternative #4 – 20 lease sites along 3nm State waters line, six sites south of Pitas Pt. extend
towards the middle of the candidate area
Alternative #5 - 20 lease sites that follows 3nm line intuitively
Alternative #6 - 20 lease sites at 3nm line arranged in a 2X2 configuration
Alternative #7 - 20 lease sites intuitively following the 3nm State waters line in a 2X2
Alternatives DescriptionAll Lease Sites
Inside Candidate Area
Approximate Water Depth
(Prelim. Estimate Ft.)
Projected Maximum Buoy and Grow Line Cost (Prelim. Estimate for 2000 Acres)
Maximum Mussel Grow Line Length
(Prelim. Estimate Ft. for 2000
Potential Adverse Water
Potential Visual Effects From Shore
Potential Interaction with Commercial Trawling
Potential Interaction with Commercial Bait
Potential Interaction with Recreational
Potential Overlap with Subsurface Leases
Alternative #120 lease sites located along the 80' contour at 45 degree angle NO ‐ 3 Outside 70 ‐ 90 TBD TBD YESA Minimal Minimal Moderate Minimal YESG NO
Alternative #220 lease sites alon