April 5, 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 5, 2023
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
AND
THE CHASE PARK PLAZA ROYAL SONESTA ST. LOUIS
212 N KINGSHIGHWAY BLVD
SAINT LOUIS, MO 63108
CLOSED SESSION – 5:30PM
OPEN SESSION – 7:00PM
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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.
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CLOSED SESSION At 5:30PM
CALL TO ORDER: By Vice-Chair Jackie Gardina.
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: |
Parcel 20 and 14
Brian D. Pendleton, Todd Mitchell, Andy Turner Derecktor Marine Holdings, LLC Terms of Master Lease Amendment and Amendment to Assignment
|
| b) Property:
Negotiating Parties:
Under Negotiation: |
1591 Spinnaker Drive #201
Brian D. Pendleton, Todd Mitchell, Andy Turner Dr. Srisawai Pattamakom dba Ideal Women’s Health Specialists, Inc. Ocean Perinatal Medical Group, Inc. Terms of Assignment and Assumption of Lease and Consent of Landlord
|
| c) Property:
Negotiating Parties:
Under Negotiation: |
1575 Spinnaker Drive #107B
Brian D. Pendleton, Todd Mitchell, Andy Turner Mermaid Gallery Terms of New Retail Lease Agreement
|
| d) Property:
Negotiating Parties:
Under Negotiation: |
1559 Spinnaker Drive #103
Brian D. Pendleton, Todd Mitchell, Andy Turner Silhouettes by the Beach Terms of New Retail Lease Agreement
|
| e) Property:
Negotiating Parties:
Under Negotiation: |
1567 Spinnaker Drive #200
Brian D. Pendleton, Todd Mitchell, Andy Turner MK Enterprises, Inc. DBA Margarita Villa Terms of Restaurant Lease Amendment
|
- CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION:
(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 (Verbal)
- PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(B)(1): Brian D. Pendleton, General Manager – Annual Review (Verbal)
ADJOURNMENT
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OPEN SESSION AT 7:00PM
CALL TO ORDER: By Vice-Chair Jackie Gardina.
PLEDGE OF ALLEGIANCE: By Vice-Chair Jackie Gardina.
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 March 15, 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.
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 Assignment and Assumption of Lease and Consent of Landlord for Ideal Women’s Health Specialists, Inc. to Ocean Perinatal Medical Group, Inc.
Recommended Action: Roll Call.
That the Board of Port Commissioners approve an Assignment and Assumption of Lease and Consent of Landlord between Ideal Women’s Health Specialists, Inc. and Ocean Perinatal Medical Group, Inc. for the premises located at 1591 Spinnaker Drive #201, consisting of 746 square feet.
B) Approval of Amendment No. 1 to the Restaurant Lease Agreement with MK Enterprises, Inc. dba Margarita Villa
Recommended Action: Roll Call.
That the Board of Port Commissioners approve Amendment No. 1 to the Restaurant Lease Agreement between the Ventura Port District dba Ventura Harbor Village and MK Enterprises, Inc. dba Margarita Villa for the premises located at 1567 Spinnaker Drive #200, of 1,880 square feet plus 1,100 square feet of patio.
STANDARD AGENDA:
1) Presentation on Proposed Sign Concepts for the NW Corner of Harbor Boulevard and Schooner Drive at Parcel 19A
Recommended Action: Informational.
That the Board of Port Commissioners receive a presentation on proposed sign design concepts for the northwest corner of Harbor Boulevard and Schooner Drive at Parcel 19A.
2) Presentation on the VenturaWaterPure Ocean Outfall Project
Recommended Action: Informational.
That the Board of Port Commissioners receive a presentation by the City of Ventura regarding the status of the VenturaWaterPure Ocean Outfall Project.
3) Determination to End State of Emergency due to the Atmospheric River Rain Events in January 2023
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners determine that there is no longer a need to continue the emergency action adopted by the Board on January 18, 2023, since the emergency conditions have abated, impacts to District assets have been assessed, and all necessary emergency actions are underway or have been completed.
ADJOURNMENT
This agenda was posted on March 31, 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)