February 1, 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, FEBRUARY 1, 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.
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.
CLOSED SESSION – 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
1. CONFERENCE WITH LABOR NEGOTIATORS – per Government Code Section 54957.6 and 54957.6(b). (verbal report)
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 2 Cases.
3. 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
ADJOURNMENT
OPEN SESSION – 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 January 18, 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 Out-of-Town Travel Requests
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the out-of-town travel requests for:
a) Chair, Michael Blumenberg to attend Congressional meetings and CMANC Conference from February 27 to March 1, 2023 in Washington, DC.
b) Business Operations Manager, Todd Mitchell to attend Congressional meetings and CMANC Conference from February 27 to March 1, 2023 in Washington, DC.
B) Acceptance of Low Bid for the Ventura Harbor Margarita Villa Deck Repair Project at 1567 Spinnaker Drive
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the low bid from FCT Construction LLC in the amount of $155,000 for the Ventura Harbor Margarita Villa Deck Repairs Project at 1567 Spinnaker Drive.
STANDARD AGENDA:
1) Adoption of Resolution No. 3463 Updating the Ventura Port District Human Resources Manual and Rescinding Resolution No. 3419
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3463 updating the Ventura Port District Human Resources Manual and rescinding Resolution No. 3419.
2) Adoption of Resolution No. 3464 Establishing a New Employer-Employee Organization Relations Policy and Rescinding Resolution No. 2562
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3464 establishing a new Employer-Employee Organization Relations Policy and rescinding Resolution No. 2562.
3) Adoption of Resolution No. 3465 Adopting the Final IS-MND and Mitigation Monitoring and Reporting Program, and Approving the Ventura Yacht Club Dock Replacement Project
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3465:
a) Adopting the Final Mitigated Negative Declaration;
b) Adopting the Mitigation Monitoring and Reporting Program;
c) Approving the Ventura Yacht Club Dock Replacement Project; and,
d) Authorize the General Manager to File the Notice of Determination with the State Office of Planning and Research and the Ventura County Clerk.
4) Adoption of Resolution No. 3466 Approving the Fiscal Year 2022-2023 Mid-Year Budget Adjustments and Capital Improvement Plan and Resolution No. 3467 Revising the Resolution Establishing the Salary Schedule for Non-Represented Employees of the District for Fiscal Year 2022-2023
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners:
a) Adopt Resolution No. 3466 approving the Mid-Year Budget Adjustments for Fiscal Year 2022-2023 effective January 1, 2023; and
b) Adopt Resolution No. 3467 revising the Resolution establishing the salary schedule for non-represented employees of the District for Fiscal Year 2022-2023 and rescinding Resolution No. 3456.
5) Update on State of Emergency due to the Atmospheric River Rain Events in January 2023 and Emergency Measures to Respond to Impacts to the District
Recommended Action: Roll Call Vote – 4/5ths Vote.
That the Board of Port Commissioners determine by a four-fifths vote that there is a need to continue the emergency action adopted by the Board on January 18, 2023, set forth in Resolution No. 3462.
ADJOURNMENT
This agenda was posted on January 27, 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