April 19, 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, APRIL 19, 2023
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
CLOSED SESSION – 5:30PM
OPEN SESSION – 7:00PM
PUBLIC PARTICIPATION OPTIONS
MEETINGS WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN-PERSON ATTENDANCE AND VIRTUAL PARTICIPATION.
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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 – 5:30PM
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.
CLOSED SESSION AGENDA
- CONFERENCE WITH REAL PROPERTY NEGOTIATORS – PER GOVERNMENT CODE SECTION 54956.8:
| a) Property:
Negotiating Parties:
Under Negotiation: |
1575 Spinnaker Drive #105a & b
Brian D. Pendleton, Todd Mitchell, Andy Turner Sugar Lab Bake Shop Terms of New Retail Lease Agreement |
| b) Property:
Negotiating Parties:
Under Negotiation: |
1567 Spinnaker Drive #205
Brian D. Pendleton, Todd Mitchell, Andy Turner Andres S. Fernandez, LLC. dba The 805 Bar & Grilled Cheese/The Copa Cubana Early Termination of Office Lease Agreement (Verbal Report) |
- CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION: (Verbal Report)
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Ventura Port District dba Ventura Harbor Village v. Andres S. Fernandez, LLC
Ventura County Superior Court Case No. 56-2023-00575927-CL-UD-VTA (Office)
Name of case: Ventura Port District dba Ventura Harbor Village v. Andres S. Fernandez, LLC Ventura County Superior Court Case No. 56-2023-00575929-CL-UD-VTA (Restaurant)
3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION: (Verbal Report)
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: RDHP Properties vs. Ventura Port District, et al.
Ventura County Superior Court Case No. 56-2020-00546511-CU-WM-VTA
- CONFERENCE WITH LABOR NEGOTIATORS PER GOVERNMENT CODE SECTION 6: (Verbal Report)
Agency Representatives: Michael Blumenberg, Jackie Gardina and Andy Turner, negotiators
Unrepresented employee: General Manager
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.
APPROVAL OF MINUTES
The Minutes of the April 5, 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
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.
ADJOURN AND CONVENE AS BOARD OF DIRECTORS OF THE VENTURA PORT DISTRICT PUBLIC FACILITIES CORPORATION
BOARD OF DIRECTORS OF THE VENTURA PORT DISTRICT
PUBLIC FACILITIES CORPORATION MEETING
AGENDA
I. Call to Order
II. Roll Call
III. Public Comment
IV. Adoption of Resolution No. 130 Approving the Dissolution of the Ventura Port District Public Facilities Corporation
V. Adjourn
RECONVENE THE REGULAR MEETING OF THE VENTURA PORT DISTRICT BOARD OF PORT COMMISSIONERS
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 Requests
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve the out-of-town travel requests for:
a) Business Operations Manager, Todd Mitchell to attend CMANC Spring Meeting from May 17 to May 19, 2023 in Morro Bay, CA.
b) Harbor Patrol Officers Brendan Donohue and Taylor Plasch to attend Marine Firefighting Course from April 17 to April 21, 2023 in Marina Del Rey, California
c) Harbor Patrol Officer Taylor Plasch to attend Water Women Empowerment Weekend from April 22 to 23, 2023 in San Diego, California
d) Harbormaster, John Higgins to attend the California Harbormaster and Port Captains Conference May 23 to 25, 2023 in Sacramento, California.
B) Adoption of Resolution No. 3469 Accepting the Work of Garland/DBS, Inc. for the 1567 Buildings B and C and Building 1591 Reroofing Project
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3469:
a) Accepting the work of Garland/DBS, Inc. for the 1567 Buildings B and C and 1591 Building Reroofing Project; and
b) Authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.
C) Approval of the 2023 Lifeguard Services Contract
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners authorize the General Manager to enter into a contract with the Department of Parks and Recreation to provide Lifeguard Services from mid-May 2023 through Labor Day 2023 at Harbor Cove and Surfers Knoll beaches in the amount of $143,362.19.
D) Termination of Current Office Lease Agreement with Andres S. Fernandez, LLC dba The 805 Bar & Grilled Cheese and The Copa Cubana for 1567 Spinnaker Drive #205
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve a termination of an Office Lease Agreement, dated June 1, 2022, between the Ventura Port District dba Ventura Harbor Village and Andres S. Fernandez, LLC dba The 805 Bar & Grilled Cheese and The Copa Cubana for 1567 Spinnaker Drive #205, consisting of approximately 290 square feet.
E) Approval of New Retail Lease Agreement with Tina O’Brien dba Mermaid Gallery
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve a new Retail Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Tina O’Brien dba Mermaid Gallery for the premises located at 1575 Spinnaker Drive #107B consisting of a total of 652 square feet for a three-year term with one two-year option.
F) Approval of New Retail Lease Agreement with Anne Trainoff dba Silhouettes by the Beach
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve a new Retail Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Anne Trainoff dba Silhouettes by the Beach for the premises located at 1559 Spinnaker Drive #103 consisting of a total of 400 square feet for a two-year term with one two-year option.
STANDARD AGENDA:
1) Acceptance of Fiscal Year 2021-2022 Audit
Recommended Action: Voice Vote.
That the Board of Port Commissioners accept the Basic Financial Statements and Supplementary Information with Independent Auditor’s Report for the Year Ended June 30, 2022, prepared by Clifton Larson Allen, LLP.
2) Adoption of Resolution No. 3470 Approving a Notice of Proposed Ordinance for Amendment No. 7 to the existing Parcel 20 Master Lease and an Amendment to the Assignment and Option Agreement between the Ventura Port District and Derecktor Marine Holdings for a new 50-Year Master Lease for Parcel 20
Recommended Action: Roll Call.
That the Board of Port Commissioners adopt Resolution No. 3470 authorizing the Ventura Port District to publish a Notice of Proposed for Amendment No. 7 to the existing Parcel 20 Master Lease and an Amendment to the Assignment and Option Agreement between the Ventura Port District and Derecktor Marine Holdings for a new 50-Year Master Lease for Parcel 20.
3) Adoption of Resolution No. 3471 Approving the Updates to the Board of Port Commissioners Protocols and Policies Manual and Rescind Resolution No. 3422
Recommended Action: Roll Call.
That the Board of Port Commissioners adopt Resolution No. 3471 approving the updates to the Board of Port Commissioners Protocols and Policies Manual and rescind Resolution No. 3422.
4) Adoption of Resolution No. 3472 Approving the Financial Statements and Checks for October 2022 through December 2022
Recommended Action: Roll Call.
That the Board of Port Commissioners adopts Resolution No. 3472 to:
a) Accept the financial statements for the Quarter ending December 31, 2022; and
b) Review the payroll and regular checks for October through December 2022.
ADJOURNMENT
This agenda was posted on April 14, 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)