June 1, 2022
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Chris Stephens, Chair
Michael Blumenberg, Vice-Chair
Brian Brennan, Secretary
Jackie Gardina, Commissioner
Everard Ashworth, 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, JUNE 1, 2022
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
CLOSED SESSION – 5:30PM
OPEN SESSION – 7:00PM
PUBLIC PARTICIPATION OPTIONS
VIRTUAL VIEWERSHIP ONLY
WATCH THE MEETING LIVE
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SUBMIT PUBLIC COMMENT VIA EMAIL
If you will not be participating in person 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/.
CLOSED SESSION AT 5:30PM
CALL TO ORDER: By Chair 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 Negotiators – Per 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, Andy Turner, Oliver Yee Labor Negotiations (verbal report) |
2. Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties:
Under Negotiation: |
1567 Spinnaker Drive #205
Brian D. Pendleton, Todd Mitchell, Andy Turner Andres S. Fernandez, LLC. DBA The 805 Bar & Grilled Cheese/The Copa Cubana Terms of New Office Lease Agreement |
| b) Property:
Negotiating Parties:
Under Negotiation:
|
1575 Spinnaker Drive #108
Brian D. Pendleton, Todd Mitchell, Andy Turner Mahesh and Heeru Gehani DBA Casa de Regalos Terms of Amendment No. 1 to Retail Lease Agreement (verbal report) |
| c) Property:
Negotiating Parties:
Under Negotiation: |
1404 through 1644 Anchors Way Drive (Parcels 14 and 20)
Brian D. Pendleton, Todd Mitchell, Andy Turner Derecktor Marine Holdings LLC Terms of Revised Option and 50-Year Lease |
| d) Property:
Negotiating Parties:
Under Negotiation: |
1404 Anchors Way Drive (Parcel 14)
Brian D. Pendleton, Todd Mitchell, Andy Turner Derecktor Marine Holdings LLC, and Mavcco Derecktor Ventura Inc., and Mavcco Terms of Sublease Agreements |
3. Public Employee Performance Evaluation per Government Code Section 54957(b)(1): General Counsel: Andy Turner, Lagerlof LLP.
ADJOURNMENT
OPEN SESSION AT 7:00PM
CALL TO ORDER: By Chair Chris Stephens.
PLEDGE OF ALLEGIANCE: By Chair 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 May 4, 2022 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, Legal Counsel and General Manager will give the Commission updates on important topics or items of general interest if needed.
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) Award of Contract and Change Order Request for 1591 Spinnaker Elevator Project
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
- Authorize the General Manager to enter into a $104,987.98 Agreement with Thyssenkrupp Elevators for the 1691 Spinnaker Elevator Modernization Project; and
- Approve a change order request to include the fire monitoring system service contract with Sparky’s Electric Inc. in the amount of $26,000.00.
B) Approval of a New Retail Lease Agreement with Buenaventura Art Association DBA Harbor Gallery & Gifts
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a new Retail Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Buenaventura Art Association DBA Harbor Village Gallery & Gifts for the premises located at 1559 Spinnaker Drive #106 consisting of a total of 773 square feet for a three-year term.
C) Approval of Amendment No. 1 to Retail Lease Agreement with Mahesh and Heeru Gehani DBA Casa de Regalos
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve Amendment No. 1 to the Retail Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Mahesh and Heeru Gehani dba Casa de Regalos for an additional three-year option to the lease term.
D) Approval of New Office Lease Agreement with Andres S. Fernandez, LLC. DBA The 805 Bar & Grilled Cheese / The Copa Cubana
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a New Office Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Andres S. Fernandez, LLC. dba The 805 Bar & Grilled Cheese / The Copa Cubana for the premises located at 1567 Spinnaker Drive #205 consisting of a total of 290 square feet for a two-year and three-month term with two three-year options.
E) Authorize the General Manager to Execute a Funding Agreement with the Sate of California, acting through the State Lands Commission to receive $122,979 allocated from the Coronavirus State Fiscal Recovery Fund Second Disbursement
Recommended Action: Voice Vote.
That the Board of Port Commissioners authorize the General Manager to execute a Funding Agreement with the State of California, acting through the State Lands Commission (“SLC”) to receive $122,979 as part of the State Fiscal Recovery Funds allocated from the Coronavirus State Fiscal Recovery Fund Second Disbursement as authorized by the federal American Rescue Plan Act of 2021.
F) Approval of Subleases for 1404 Anchors Way Drive (Parcel 14)
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve two new subleases, one between Derecktor Marine Holdings, LLC (DMH) and Mavcco, Inc., and one between Derecktor Ventura, Inc. (DVI) and Mavcco.
STANDARD AGENDA:
1) Adoption of Resolution No. 3451 Approving the SEIU-Local 721 MOU Representing Full-Time and Part-Time Harbor Patrol Officers
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3451, approving the Memorandum of Understanding Collective Bargaining Agreement between the Ventura Port District and the Service Employees International Union, SEIU-Local 721, representing all regular full-time and part-time employees classified as the Harbor Patrol.
2) Adoption of Resolution No. 3452 Approving the Financial Statements and Checks for January through March 2022
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopts Resolution No. 3452 to:
a) Accept the financial statements for the Quarter ending March 31, 2022; and,
b) Review the payroll and regular checks for January through March 2022.
3) Fiscal Year 2022-2023 Budget Study Session
Recommended Action: Informational.
That the Board of Port Commissioners conduct a Fiscal Year 2022–2023 Budget Study Session and provide direction to the General Manager in preparation of the preliminary budget and five-year capital improvement plan.
4) Adoption of Resolution No. 3453 Accepting a Harbors and Watercraft Revolving Fund BLF Grant
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3453, accepting a Harbors and Watercraft Revolving Fund BLF Grant in the amount of $890,000 for the Ventura Harbor BLF Improvements Project.
5) Approval of the FY2022-2023 Harbor Village Leasing Strategy and Action Plan
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve the FY2022-2023 Harbor Village Leasing Strategy and Action Plan.
ADJOURNMENT
This agenda was posted on Friday, May 27, 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)