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December 16, 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

REGULAR MEETING

WEDNESDAY, DECEMBER 16, 2020

TELECONFERENCE

5 TELECONFERENCE LOCATIONS

VENTURA PORT DISTRICT OFFICE

1603 ANCHORS WAY DRIVE

VENTURA, CA 93001

 

CLOSED SESSION – 6:00PM

 

REGULAR MEETING – 7:00PM


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

 

WATCH THE MEETING LIVE

Join a Zoom meeting LIVE:

https://us02web.zoom.us/j/89502488937

Webinar ID: 895 0248 8937

1-669-900-6833
1-877-853-5257

 

SUBMIT PUBLIC COMMENT VIA EMAIL

If you do not wish to speak live but would like to submit a written comment on a specific agenda item, please 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 number (i.e. General Public Comment or Consent Item A). Written comments should be no more than 1000 characters in length.  Written comments will be distributed to the Commissioners and will be attached to the minutes of the meeting but will not be read aloud during the meeting.

 

PROVIDE PUBLIC COMMENT LIVE AT THE MEETING USING ZOOM

To speak on a specific agenda item during the live Zoom meeting, please fill out the Public Comment Slip and email the Clerk of the Board at jrauch@venturaharbor.com by 4:00PM on the day of the meeting so you can participate appropriately. You can use one (1) comment slip for multiple items.

If you decide to speak during the meeting and did not fill out a Public Comment slip, attendees can dial *9 if on the phone or use the ‘raise hand’ function in Zoom.


CLOSED SESSION – 6:00PM

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.


OPEN SESSION – 7:00PM 

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 November 18, 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: (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) Annual Reserve Policy Review

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners accept the current Ventura Port District Reserve Policy, Resolution No. 3225, dated August 28, 2013.

B) Approval of New Office Lease Agreement for Tara Pielaet dba Rated Sports

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 Tara Pielaet dba Rated Sports for space located at 1591 Spinnaker Drive #207 consisting of approximately 1,420 square feet for a three (3) year term with a three (3) year option.

C) Approval of New Retail Lease Agreement for Marilyn Ryemon and Annette Cortez dba The Ultimate Escape Rooms

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners approve a new retail lease agreement for the premises located at 1591 Spinnaker Drive #117C consisting of 1,291 square feet between the Ventura Port District dba Ventura Harbor Village and The Ultimate Escape Rooms for a five (5) year term with a four (4) year option.

D) Approval of Minute Revisions

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners approve the revision to the October 7, 2020 and October 21, 2020 regular meeting minutes.

 

STANDARD AGENDA:

 1) Adoption of Resolution No. 3402 Extending the COVID-19 Ventura Harbor Rental Abatement and Deferment Program

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners adopt Resolution No. 3402 further extending the COVID-19 Ventura Harbor Rental Abatement and Deferment Program until March 31, 2021.

2) Award of Bid for the Ventura Harbor Village Restroom ADA Remodel

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners award the Ventura Harbor Village ADA Restroom Remodel Contract for 1559 Spinnaker Drive to Tomar Construction Inc. in the amount of $ 97,800.00.

3) Award of Bid for Fisherman’s Storage Containers Project

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners award the Fisherman’s Storage Containers Project to Container Alliance in the amount of up to $100,190.03.

4) Approval of Financial Statements and Checks for July through September 2020

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners adopt Resolution No. 3403 to:

  1. Accept the financial statements for the Quarter ending September 30, 2020; and,
  2. Review the payroll and regular checks for July through September 2020.
  • 5) Annual Investment Policy Review

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners adopt Resolution No. 3404 approving the Ventura Port District Investment Policy and rescinding Resolution No. 3345.

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:

  1. a) The COVID-19 Ventura Harbor Rental Abatement and Deferment Program; and,
  2. b) Status of Ventura Port District operations.

ADJOURNMENT

This agenda was posted on Friday, December 11, 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 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)


ATTACHMENT TO PORT COMMISSION AGENDA

CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL

WEDNESDAY, DECEMBER 16, 2020

  1. Conference with Legal Counsel – Existing Litigation per Government Code Section 54956.9(d)(1):

a)      Ventura Harbor Marine Associates vs. Ventura Port District;

Ventura Co. Sup. Court Case No. 56-2020-00541974-CU-NP-VTA

 

  1. Conference with Real Property Negotiators – Per Government Code Section 54956.8:
a) Property:

Negotiating Parties:

 

Under Negotiation:

1591 Spinnaker Drive #207

Brian D. Pendleton, Todd Mitchell, Andy Turner

Tara Pielaet dba Rated Sports

Terms of New Office Lease Agreement

b) Property:

Negotiating Parties:

 

Under Negotiation:

1591 Spinnaker Drive #117C

Brian D. Pendleton, Todd Mitchell, Andy Turner

Marilyn Ryemon and Annette Cortez dba The Ultimate Escape Rooms

Terms of New Retail Lease Agreement

c) Property:

Negotiating Parties:

 

Under Negotiation:

1431 – 1691 Spinnaker Drive

Brian D. Pendleton, Todd Mitchell, Andy Turner

All Ventura Harbor Village Tenants

COVID-19 Ventura Harbor Rental Abatement and Deferment Program

d)  Property:

 

Negotiating Parties:

 

Under Negotiation:

 

Parcels 10A, 4, 9, 7, 15, 16, 18, 2, 3, 1, 19,

3A1, 3A2, 3A4, 20, 17, 6

Brian D. Pendleton, Todd Mitchell, Andy Turner

All Master Tenants

COVID-19 Ventura Harbor Rental Abatement and Deferment Program

 

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