January 15, 2025

By Ventura Port District | December 6, 2024

     VENTURA PORT DISTRICT

 BOARD OF PORT COMMISSIONERS

Michael Blumenberg, Chair

Jackie Gardina, Vice-Chair

Anthony Rainey, Secretary

Elizabeth Howell, Commissioner

Chris Stephens, Commissioner

Brian D. Pendleton, General Manager

Todd Mitchell, Deputy General Manager

Tom Bunn, Legal Counsel

Jessica Rauch, Clerk of the Board

REGULAR MEETING

WEDNESDAY, JANUARY 15, 2025

 

VENTURA PORT DISTRICT OFFICE

1603 ANCHORS WAY DRIVE

VENTURA, CA 93001

 

CLOSED SESSION – 6:30PM

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

https://us02web.zoom.us/j/83276329300

Webinar ID: 832 7632 9300

1-669-900-6833
1-253-215-8782

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.01.15.25 OS Packet

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

6:30PM

 

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.

 

CONVENE IN CLOSED SESSION

 

CLOSED SESSION AGENDA

  1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION – PER GOVERNMENT CODE PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9:

Name of case: Ventura Harbor Restaurant Associates, Inc., et al. vs. Ventura Port District, Ventura Superior Court Case No. 56-2022-00572144-CU-MC-VTA. (verbal report)

  1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – PER GOVERNMENT CODE SECTION 54956.8:
a)  Property:

District Negotiators:

Negotiating Parties:

Under Negotiation:

 1559 Spinnaker Drive #108, #206, Slip C-08

Brian D. Pendleton, Todd Mitchell, Tom Bunn

Cantrell Aquatics Inc. dba Ventura Dive & Sport

Price and Terms of Payment for Retail, Office, Marina Lease Agreements

 

ADJOURNMENT

OPEN SESSION

7:00PM

 

CALL TO ORDER: By Chair Michael Blumenberg.

PLEDGE OF ALLEGIANCE: By Chair Michael 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.

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

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.

PROCLAMATION HONORING PAT HUMMER FOR HIS 35 YEARS OF SERVICE

CONSENT AGENDA:

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 Request

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve the out-of-town travel requests for:

  1. a) Dave Werneburg, Marina Manager, to attend the National Working Waterfront Network 2025 Conference from February 3 – February 6, 2025 in San Diego, CA.
  2. b) Jessica Rauch, Clerk of the Board to attend the 2025 International Institute of Municipal Clerks from May 18 – May 21, 2025 in St. Louis, MO.

B) Approval of a New Retail Lease Agreement with Feel Good Beauty, Inc. dba Frenchies Modern Nail Care

Recommended Action: Voice Vote.

That the Board of Port Commissioners approve a new Retail Lease Agreement between the Ventura Port District dba “Ventura Harbor Village” and Feel Good Beauty, Inc. dba “Frenchies Modern Nail Care”, for the premises located at 1583 Spinnaker Drive, Suite #105, Ventura, California 93001, consisting of approximately 1,410 square feet of interior commercial space and approximately 206 square feet of exterior patio space.

 STANDARD AGENDA:

 1) Ventura Port District 5-Year Objectives Quarterly Update

Recommended Action: Voice Vote.

That the Board of Port Commissioners receive and file the FY24-25 2nd Quarter Ventura Port District 5-Year Objectives quarterly update.

2) Election of Officers Pursuant to Harbor and Navigation Code Sections 6241.1 and 6248

Recommended Action: Voice Vote.

That the Board of Port Commissioners elect the following officers for a two-year term pursuant to Harbor and Navigation Code Sections 6241.1 and 6248:

  1. Chair
  2. Vice-Chair
  3. Secretary

3) Amend the 5-Year Capital Improvement Budget and Adopt Resolution No. 3520 Declaring a State of Emergency to Address the Failure of the Elevator at 1591 Spinnaker Drive

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners:

  1. Amend the District’s 5-Year Capital Improvement Project budget to add $185,000 for the modernization of the elevator at 1591 Spinnaker Drive.
  2. Adopt Resolution No. 3520, making certain findings as set forth in said Resolution, including, without limitation, the following:
    1. A) Declare a State of Emergency due to the failure of the Elevator at 1591 Spinnaker Drive creating a public safety concern.
    2. B) Find, based upon the evidence presented, the matter of the conditions of the Ventura Port District requires emergency actions.
    3. C) The Board hereby delegates to the District’s General Manager the authority to:
      1. take any action required to respond to the emergency;
      2. submit any and all emergency permit applications and documents required to support obtaining any necessary permits to perform work; and,
      3. 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.
    4. D) The General Manager shall report to the Board of Port Commissioners at its next regularly scheduled meeting the actions taken to respond to the emergency; and,
    5. E) The Board will review the emergency action at every regularly scheduled meeting hereafter until the emergency action is terminated, which will be triggered by the District entering into a contract to remedy the issue.

ADJOURNMENT

 This agenda was posted on Friday, January 10, 2025 by 6:30 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)