December 6, 2023 SPECIAL Meeting
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
Tom Bunn, Legal Counsel
Jessica Rauch, Clerk of the Board
SPECIAL MEETING
WEDNESDAY, DECEMBER 6, 2023
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
AND
17553 BROOKVILLE CT.
ROUND HILL, VA 20141
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.
WATCH THE MEETING LIVE
https://us02web.zoom.us/j/83276329300
Webinar ID: 832 7632 9300
1-669-900-6833
1-253-215-8782
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 BEGINS AT 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
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION:
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Ventura Harbor Restaurant Associates, Inc. and Andria’s Seafood Specialties, Inc. v. Ventura Port District
Ventura County Superior Court Case No. 56-2022-00572144-CU-MC-VTA
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION:
(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. 56-2023-00575929-CL-UD-VTA (Restaurant)
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(B)(1): Brian D. Pendleton, General Manager – Annual Review (Verbal)
ADJOURNMENT
OPEN SESSION BEGINS AT 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 October 18, 2023 Port Commission Regular Meeting 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 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) Garret Winter, Harbor Patrol Officer to attend the Division of Boating and Waterways Rescue Boat Operations Training from November 6, 2023 to November 10, 2023 in Marina Del Rey, CA.
b) Todd Mitchell, Sr. Business Operations Manager to attend the California Coastal Commission Meeting on December 13, 2023 in Santa Cruz, CA.
c) Brian D. Pendleton, General Manager to attend the 2024 Liebert Cassidy Whitmore Annual Public Sector Employment Law Conference from February 8, 2023 to February 9, 2023 in San Francisco, CA.
B) 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.
C) Adoption of Resolution No. 3488 Accepting the Current Ventura Port District Investment Policy and Rescinding Resolution No. 3461
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3488 accepting the current Ventura Port District Investment Policy and rescinding Resolution No. 3461, dated December 21, 2022.
D) Approval of the 2024 Port Commission Meeting Schedule
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve the 2024 Port Commission meeting schedule.
STANDARD AGENDA:
1) Adoption of Resolution No. 3489 Approving the Financial Statements and Checks for July 2023 through September 2023
Recommended Action: Roll Call.
That the Board of Port Commissioners adopts Resolution No. 3489 to:
a) Accept the financial statements for the Quarter ending September 30, 2023.
b) Review the payroll and regular checks for July through September 2023.
2) Review, Discuss and Approve Updates to the Ventura Port District Public and Civic Engagement Plan
Recommended Action: Voice Vote.
That the Board of Port Commissioners review, discuss and approve updates to the Ventura Port District Public and Civic Engagement Plan.
ADJOURNMENT
This agenda was posted on December 1, 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)