July 15, 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
JULY 15, 2020
5 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
1. Join a Zoom meeting LIVE:
https://us02web.zoom.us/j/86381045335
Meeting ID: 863 8104 5335
1-669-900-6833
1-877-853-5257
- 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.
Attendees can dial *9 or use the ‘raise hand’ function in Zoom if they would like to speak during public comment periods.
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. Attendees can dial *9 or use the ‘raise hand’ function in Zoom if they would like to speak during public comment periods.
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.
APPROVAL OF MINUTES (3 minutes)
The Minutes of the July 1, 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. Attendees can dial *9 or use the ‘raise hand’ function in Zoom if they would like to speak during public comment periods.
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:
a) Approval of Notice of Completion for the Ventura Harbor Village Commercial Dock Replacement Project
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No.3393:
- Accepting the work of Bellingham Marine Industries for the Ventura Harbor Village Commercial Dock Replacement Project.
- Authorizing the filing of a Notice of Completion with the Ventura County Recorder.
b) Approval of New Office Lease Agreement for Sheree Ali dba Sparkle Light Entertainment, Inc.
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve a new Office Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Sheree Ali dba Sparkle Light Entertainment, Inc. for the premises located at 1583 Spinnaker Drive #209 consisting of a total of 316 square feet for a three (3) year term with a three (3) year option.
STANDARD AGENDA:
1. Consideration of Navigation Risk Assessment for the Proposed Ventura Shellfish Enterprise Project
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners receive and consider public comment and authorize submission of the Navigation Risk Assessment for the proposed aquaculture project referred to as the Ventura Shellfish Enterprise to the U.S. Army Corps of Engineers, U.S. Coast Guard, California Coastal Commission and other regulatory agencies as necessary.
2. Ventura Shellfish Enterprise Status Report
Recommended Action: Informational.
That the Board of Port Commissioners receive an annual status report on the proposed aquaculture project referred to as the Ventura Shellfish Enterprise.
3. Approval of New Professional Services Agreement with Dudek for Environmental Consulting Services
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve a Professional Services Agreement with Dudek in the amount of $75,000 for FY2020-2021 in support of the proposed Ventura Shellfish Enterprise project and related 2018 Sea Grant tasks.
4. Approval of New Professional Services Agreement with K&L Gates for Legal Consulting Services
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve a Professional Services Agreement with K&L Gates in the amount of $75,000 for FY2020-2021 in support of the proposed Ventura Shellfish Enterprise project and related 2018 Sea Grant tasks.
5. Complaint re Brown Act Violation (Government Code 54956.8)
Recommended Action: Informational.
That the Board of Port Commissioners receive and file this report regarding alleged Brown Act violations, for the purposes of promoting transparency, encouraging public comment, and increasing public trust, in alignment with the District’s Goals and 5-Year Objectives (as approved on the January 22, 2020’s Open Session Meeting).
6. 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, July 10, 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, JULY 15, 2020
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties:
Under Negotiation: |
Parcel 20
Brian Pendleton, Todd Mitchell, Andy Turner Derecktor Marine Holdings LLC Terms of Approval of Assignment of Lease and 50-year Lease Option |
| b) Property:
Negotiating Parties:
Under Negotiation: |
1583 Spinnaker Drive #209
Brian Pendleton, Todd Mitchell, Andy Turner Sheree Ali dba Sparkle Light Entertainment, Inc. Terms of New Office Lease Agreement (verbal report) |
- Conference with Legal Counsel – Existing Litigation per Government Code Section 54956.9(d)(1): Ventura Harbor Marine Associates vs. Ventura Port District; Ventura Co. Sup. Court Case No. 56-2020-00541974-CU-NP-VTA. (verbal report)
- Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): 2 Cases.