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January 19, 2022 REVISED

VENTURA PORT DISTRICT

 BOARD OF PORT COMMISSIONERS

 

Chris Stephens, Chairman

Michael Blumenberg, Vice Chairman

Brian Brennan, Secretary

Jackie Gardina, Commissioner

Everard Ashworth, Commissioner

 

Brian D. Pendleton, General Manager

Todd Mitchell, Business Operations Manager

Elsa Sham, Legal Counsel

Jessica Rauch, Clerk of the Board

REVISED AGENDA
ADDITION OF EMERGENCY ACTION ITEM 1

REGULAR MEETING

 

WEDNESDAY, JANUARY 19, 2022

CLOSED SESSION – 6:30PM

REGULAR MEETING – 7:00PM

 

IN ACCORDANCE WITH AB 361, THIS MEETING WILL BE HELD BY TELECONFERENCE, AND THERE WILL NOT BE A PHYSICAL LOCATION FROM WHICH THE PUBLIC MAY ATTEND. THE PUBLIC MAY ONLY ELECTRONICALLY ATTEND THE BOARD OF PORT COMMISSIONERS MEETING AND MAY PROVIDE PUBLIC COMMENT THROUGH THE VIRTUAL MEETING. THE PORT DISTRICT ADMINISTRATION OFFICE IS CLOSED TO THE PUBLIC AND WILL NOT BE OPEN FOR THIS MEETING. THE PUBLIC WILL HAVE ACCESS TO REMOTELY OBSERVE THE MEETING AND ADDRESS THE COMMISSION AS OUTLINED BELOW. TO FIND OUT HOW YOU MAY ELECTRONICALLY ATTND THE BOARD OF PORT COMMISSIONERS MEETING AND PROVIDE PUBLIC COMMENT, PLEASE REFER TO PAGE 2 OF THIS AGENDA.


PUBLIC PARTICIPATION OPTIONS

WATCH THE MEETING LIVE

Join a Zoom meeting LIVE:

https://us02web.zoom.us/j/82654357306

Webinar ID: 826 5435 7306

1-669-900-6833
1-253-215-8782

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 posted as a supplemental packet on the District’s website at https://venturaharbor.com/board-meetings-minutes/.

PROVIDE PUBLIC COMMENT LIVE AT THE MEETING USING ZOOM

To speak on a specific agenda item during the live Zoom meeting, it is encouraged to notify the Clerk of the Board at jrauch@venturaharbor.com by 4:00PM on the day of the meeting so you can participate appropriately.

If you decide to speak during the meeting without notifying the Clerk, attendees can dial *9 if on the phone or use the ‘raise hand’ function in Zoom.


 CLOSED SESSION – 6:30PM

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. Conference with Labor NegotiatorsPer Government Code Section6

 

a)  Employee Units:

Groups:

Negotiating Parties:

Under Negotiation:

Full-Time and Part-Time Harbor Patrol Officers

Service Employees International Union (SEIU), Local 721

Brian Pendleton, Todd Mitchell, Elsa Sham, Oliver Yee

Labor Negotiations

ADJOURNMENT


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 January 5, 2022 Regular Meeting will be considered for approval.

The Minutes of the January 5, 2022 Public Facilities Corporation Annual 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, Legal Counsel and General Manager will give the Commission updates on important topics or items of general interest if needed.

EMERGENCY ACTION ITEM:

1) Adoption of Resolution No. 3441 Declaring a State of Emergency Due to the Hunga Tonga Tsunami and Authorizing the General Manager to Take Emergency Measures to Restore District Assets
Recommended Action: 4/5ths Vote.
That the Board of Port Commissioners adopt Resolution No. 3441, making certain findings as
set forth in such Resolution, including, without limitation, the following:
A) Declare a State of Emergency due to the impacts suffered by the Hunga Tonga Tsunami
creating a public safety concern;
B) Find, based upon the evidence presented, the matter of the conditions of the Ventura
Port District assets require emergency remediation; and
C) The Board hereby delegates to the District’s General Manager the authority to:
1) take any action required to respond to the emergency;
2) submit any and all emergency permit applications and documents required to
support obtaining an Emergency Coastal Development Permit;
3) to procure the necessary equipment, services, and supplies for the purpose of
making the District’s docks safe and functional and for re-establishing Harbor
Patrol’s vessel redundancy, without giving notice for bids to let contracts; and,
4) The General Manager shall report to the Board of Port Commissioners at its next
regularly scheduled meeting of the Board of the actions to respond to the
emergency.
5) That, the Board will review the emergency action at every regularly scheduled
meeting hereafter until the emergency action is terminated, to determine that there
is a need to continue the action by a four-fifths (4/5) vote.
6) That, when the Board reviews the emergency action at subsequent meetings, if
necessary, the Board will terminate the action at the earliest possible date that
conditions warrant so that the remainder of the emergency action may be
completed by giving notice for bids to let contracts, if necessary.

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) Approval of Out-of-Town Travel Requests

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners approve the out-of-town travel request for Sergio Gonzalez, Facilities Manager to attend the JPIA Parks and Recreation Academy in Indian Wells, CA.

B) Approval of New Office Lease Agreement for Anacapa Consulting for 1559 Spinnaker Drive #207

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 Anacapa Consulting for the premises located at 1559 Spinnaker Drive #207 consisting of a total of 455 square feet for a two (2) year term with a two (2) two (2) year options.

C) Approval of a Professional Services Agreement with Rasmussen & Associates related to Trash Enclosures

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners approve a Professional Services Agreement with Rasmussen & Associates in the amount of up to $37,500 for architectural design, permitting support, bidding support, and construction management of ADA trash enclosures at Ventura Harbor Village.

D) Approval of First Amendment to a Professional Services Agreement with Rasmussen & Associates related to ADA Restrooms

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners approves the First Amendment to a Professional Services Agreement with Rasmussen & Associates in the amount up to $80,000 for architectural design, permitting support, bidding support, and construction management of Americans with Disabilities Act restrooms at Ventura Harbor Village.

STANDARD AGENDA:

1) Consideration of Adoption of Ordinance No. 56, Authorizing Execution of a New Entertainment and Restaurant Lease Agreement with Options for Aarmark Beer Gardens, Inc. for 1567 Spinnaker Drive #100

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners:

  1. Conduct a public hearing for the purpose of receiving input on proposed Ordinance No. 56;
  2. Waive reading and direct Clerk to place Ordinance No. 56 in the record of this meeting; and
  3. Adopt Ordinance No. 56, which authorizes execution of a new six (6) year Entertainment and Restaurant Lease Agreement with three (3) five (5) year options between the Ventura Port District dba Ventura Harbor Village and Aarmark Beer Gardens, Inc.

 

 2) Approval of Fiscal Year 2020-2021 Audit

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners approve the acceptance of the Basic Financial Statements and Supplementary Information with Independent Auditor’s Report for the Year Ended June 30, 2021, prepared by Clifton Larson Allen, LLP.

 

3) Ventura Port District Public Workshop Follow-up Presentation

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners:

  1. Receive and file the report from Management Partners for the Public Workshop held on December 4, 2021;
  2. Provide direction to staff regarding the Long-Term Goals and Five-Year Objectives; and
  3. Approve the minutes of the December 4, 2021 Public Workshop.

4) Ventura Port District Update as it Relates to COVID-19

Recommended Action:  Informational. (Verbal Report)

That the Board of Port Commissioners receive an update on the status of COVID-19 in Ventura County.

ADJOURNMENT

This agenda was posted on Friday, January 14, 2022 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)

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