January 18, 2023
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Michael Blumenberg, Chair
Jackie Gardina, Vice-Chair
Anthony Rainey, Secretary
Brian Brennan, Commissioner
Chris Stephens, Commissioner
Brian D. Pendleton, General Manager
Todd Mitchell, Sr. Business Operations Manager
Andy Turner, Legal Counsel
Jessica Rauch, Clerk of the Board
REGULAR MEETING
WEDNESDAY, JANUARY 18, 2023
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
CLOSED SESSION – 6:00PM
OPEN SESSION – 7:00PM
PUBLIC PARTICIPATION OPTIONS
MEETINGS WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN-PERSON ATTENDANCE AND VIRTUAL PARTICIPATION.
WATCH THE MEETING LIVE
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PUBLIC COMMENT VIA ZOOM
To request to speak on an item, use the “raise hand” button to notify the Clerk. The Clerk will announce public speakers and unmute participants to speak. Please be mindful that the meeting will be recorded, and all rules of procedure and decorum apply for in-person attendees and those participating virtually.
SUBMIT PUBLIC COMMENT VIA EMAIL
To submit written comments on a specific agenda item, please do so via email by 4:00PM on the day of the meeting. When sending an email, please indicate in the subject line, the agenda item number (i.e. General Public Comment or Consent Item A). Written comments should be no more than 1,000 characters in length. Written comments will be distributed to the Commission and will be posted as a supplemental packet on the District’s website at https://venturaharbor.com/board-meeting-documents/. Please submit your comment to the Clerk of the Board at jrauch@venturaharbor.com.
CLOSED SESSION – 6:00PM
CALL TO ORDER: By Chair Michael Blumenberg.
ROLL CALL: By the Clerk of the Board.
PUBLIC COMMUNICATIONS (3 minutes)
The Public Communications period is set aside to allow public testimony on items only on the Closed Session Agenda. Each person may address the Commission for up to three minutes or at the discretion of the Chair.
CLOSED SESSION AGENDA
- CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 3 Cases.
ADJOURNMENT
OPEN SESSION – 7:00PM
CALL TO ORDER: By Chair Mike Blumenberg.
PLEDGE OF ALLEGIANCE: By Chair Mike Blumenberg.
ROLL CALL: By the Clerk of the Board.
ADOPTION OF AGENDA
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.
APPROVAL OF MINUTES
The Minutes of the January 4, 2023 Regular Meetings will be considered for approval.
PUBLIC COMMUNICATIONS
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
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 AND GENERAL MANAGER REPORTS
Ventura Port District Staff, Legal Counsel and General Manager will give the Commission updates on important topics or items of general interest if needed.
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 Slip Charter Lease Agreement with Boatels on the Water, LLC dba Boatels on the Water
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Slip Charter Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Boatels on the Water, LLC dba Boatels on the Water for the premises located at D-16A and D-16B consisting of two slips having a total of 110 linear feet for an eighteen-month term with two one-year options.
STANDARD AGENDA:
1) Adoption of Resolution No. 3462 Declaring a State of Emergency due to the Atmospheric River Rain Events in January 2023 and Authorizing the General Manager to Take Emergency Measures to Respond to Impacts to the District
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3462, making certain findings as set forth in said Resolution, including, without limitation, the following:
- Declare a State of Emergency due to the impacts suffered by the on-going atmospheric river storm systems creating a public safety concern;
- Find, based upon the evidence presented, the matter of the conditions of the Ventura Port District requires emergency actions; and
- The Board hereby delegates to the District’s General Manager the authority to:
- take any action required to respond to the emergency;
- submit any and all emergency permit applications and documents required to support obtaining any necessary permits to perform work; and,
- to procure the necessary equipment, services, and supplies for the purpose of making the District’s facilities, infrastructure, waterways and adjacent beach areas safe and usable, without giving notice for bids to let contracts; and,
- The General Manager shall report to the Board of Port Commissioners at its next regularly scheduled meeting the actions to respond to the emergency; and,
- The Board will review the emergency action at every regularly scheduled meeting hereafter until the emergency action is terminated, to determine that there is a need to continue the action by a four-fifths (4/5) vote.
- That, when the Board reviews the emergency action at subsequent meetings, if necessary, the Board will terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts, if necessary.
ADJOURNMENT
This agenda was posted on January 13, 2023 by 5:30 p.m. at the Port District Office and online at https://venturaharbor.com/board-meeting-documents/
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 or the California Relay Service at 711 or (800) 855-7100. Notification 72 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II)