May 20, 2020
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Chris Stephens, Chairman
Brian Brennan, Vice Chairman
Jackie Gardina, Secretary
Everard Ashworth, Commissioner
Michael Blumenberg, Commissioner
Brian D. Pendleton, General Manager
Todd Mitchell, Business Operations Manager
Andy Turner, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA
TELECONFERENCE
MAY 20, 2020
6 TELECONFERENCE LOCATIONS
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
IN ACCORDANCE WITH THE CALIFORNIA GOVERNOR’S EXECUTIVE STAY AT HOME ORDER AND THE COUNTY OF VENTURA HEALTH OFFICER DECLARED LOCAL HEALTH EMERGENCY AND BE WELL AT HOME ORDER RESULTING FROM THE NOVEL CORONAVIRUS, THE VENTURA PORT DISTRICT ADMINISTRATION BUILDING IS CLOSED TO THE PUBLIC. THIS MEETING IS BEING HELD IN ACCORDANCE WITH THE STATE EMERGENCY SERVICES ACT, THE GOVERNOR’S EMERGENCY DECLARATION, AND THE GOVERNOR’S EXECUTIVE ORDER NO. 25-20 ISSUED ON MARCH 12, 2020 TO ALLOW ATTENDANCE BY MEMBERS OF THE PORT COMMISSION BY TELECONFERENCE IN FULL COMPLIANCE WITH THE BROWN ACT.
PUBLIC PARTICIPATION OPTIONS
- Join a Zoom meeting LIVE:
https://us02web.zoom.us/j/85663933671
Meeting ID: 856 6393 3671
888 475 4499 US Toll-free
877 853 5257 US Toll-free
- If you do not wish to speak but would like to submit a written comment on a specific agenda item, do so via email by 4:00PM on the day of the meeting. Please submit your comment to the Clerk of the Board at jrauch@venturaharbor.com. When sending an email, please indicate in the Subject Line, the Agenda item. Your email will be read by the Clerk or attached to the minutes.
- If you wish to speak on a specific agenda item when watching the live Zoom meeting, please email the Clerk of the Board at jrauch@venturaharbor.com by 4:00PM on the day of the meeting so you can participate appropriately. Also, for phone in participants, please dial *9 if you would like to speak and computer participants click the hand icon.
CALL TO ORDER: By Chairman Chris Stephens.
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 (1 hour 25 minutes)
See Attachment to Agenda-Closed Session Conference with Legal Counsel.
CALL TO ORDER: By Chairman Chris Stephens.
PLEDGE OF ALLEGIANCE: By Chairman Chris Stephens.
ROLL CALL: By the Clerk of the Board.
ADOPTION OF AGENDA (3 minutes)
Consider and approve, by majority vote, minor revisions to agenda items and/or attachments and any item added to or removed/continued from the Port Commission’s agenda. Administrative Reports relating to this agenda and materials related to an item on this agenda submitted after distribution of the agenda packet are available for public review at the Port District’s office located at 1603 Anchors Way Drive, Ventura, CA during business hours as well as on the District’s website – www.venturaharbor.com. Each item on the agenda shall be deemed to include action by an appropriate motion, resolution or ordinance to take action on any item.
APPROVAL OF MINUTES (3 minutes)
The Minutes of the May 6, 2020 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.
CLOSED SESSION REPORT (3 minutes)
Closed Sessions are not open to the public pursuant to the Brown Act. Any reportable actions taken by the Commission during Closed Session will be announced at this time.
BOARD COMMUNICATIONS (5 minutes)
Port Commissioner’s may present brief reports on port issues, such as seminars, meetings and literature that would be of interest to the public and/or Commission, as a whole. Port Commissioner’s must provide a brief summary and disclose any discussions he or she may have had with any Port District Tenants related to Port District business.
STAFF AND GENERAL MANAGER REPORTS (5 minutes)
Ventura Port District Staff and General Manager will give the Commission updates on important topics or items of general interest if needed.
LEGAL COUNSEL REPORT (5 minutes)
Legal Counsel will report on progress of District assignments and any legislative or judicial matters.
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 2020 Lifeguard Services Contract
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners authorize the General Manager to enter into a contract with State Parks to provide Lifeguard Services from mid-May 2020 through Labor Day 2020 at Harbor Cove and Surfers Knoll beaches for $92,330.33.
b) Consideration of Claim by Ventura Harbor Marine Associates, LLC. and Samuel Sadove
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners reject a claim filed against the Ventura Port District on July 24, 2019 by Ventura Harbor Marine Associates, LLC. and Samuel Sadove and authorize the General Manager to execute and mail a Notice of Rejection.
STANDARD AGENDA:
1) CalPERS Actuarial Report
Recommended Action: Informational.
That the Board of Port Commissioners receive an informational report regarding the District’s annual forecasted retirement costs through the California Public Employee Retirement System (CalPERS) from Mary Elizabeth Redding, Vice President of Bartel Associates, LLC.
2) Approval of Financial Statements and Checks for January through March 2020
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopts Resolution No. 3391 to:
- Accept the following financial statements for the Quarter ended March 31, 2020; and,
- Review the payroll and regular checks for January through March 2020.
3) Adoption of Resolution No. 3392 Declaring a Local Emergency
Recommended Action: Roll Call 4/5ths Vote.
That the Board of Port Commissioners adopt Resolution No. 3392 declaring a Local Emergency due to the threat to public health and safety resulting from the COVID-19 virus for purposes of implementing the Port District’s emergency procurement procedures and applying for federal and state assistance.
4) Ventura Port District Operations Update as it Relates to COVID-19
Recommended Action: Informational. (Verbal Report)
That the Board of Port Commissioners receive an update on:
- a) The COVID-19 Ventura Harbor Rental Abatement and Deferment Program; and
- b) Status of Ventura Port District operations.
ADJOURNMENT
This agenda was posted on Friday, May 15, 2020 by 5:00 p.m. at the Port District Office
and online at www.venturaharbor.com – Port District Business – Meetings and Agendas.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Ventura Port District at (805) 642-8538. Notification 48 hours before the meeting will enable the District to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II)
ATTACHMENT TO PORT COMMISSION AGENDA
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
WEDNESDAY, MAY 20, 2020
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties:
Under Negotiation: |
Federal Authorized Sea Bottom
Brian Pendleton, Todd Mitchell, Andy Turner, Robert Smith Army Corps of Engineers Sea Bottom Aquaculture Master Permit (Verbal Report) |
- Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): Two (2) Cases. (Verbal Reports)
- Public Employee Performance Evaluation per Government Code Section 54957(b)(1): Brian D. Pendleton, General Manager – Annual Review (Verbal Report)