June 21, 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
Tom Bunn, Legal Counsel
Jessica Rauch, Clerk of the Board
REGULAR MEETING
WEDNESDAY, JUNE 21, 2023
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
AND
#10 DAILYSFORT ROAD SALTHILL
GALWAY, IRELAND
CLOSED SESSION – 6:15PM
OPEN SESSION – 7:00PM
PUBLIC PARTICIPATION OPTIONS
MEETINGS WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN-PERSON ATTENDANCE AND VIRTUAL PARTICIPATION.
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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 AT 6:15PM
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
- CONFERENCE WITH REAL PROPERTY NEGOTIATORS – PER GOVERNMENT CODE SECTION 54956.8:
| a) Property:
Negotiating Parties:
Under Negotiation: |
1559 Spinnaker Drive #100, #200 and #205E
Brian D. Pendleton, Todd Mitchell, Tom Bunn Brophy and Sons, Inc. dba Brophy Bros. Restaurant & Clam Bar Terms of Amendment No. 4 to Restaurant Lease Agreement
|
| b) Property:
Negotiating Parties:
Under Negotiation: |
1583 Spinnaker Drive #102 and #104
Brian D. Pendleton, Todd Mitchell, Tom Bunn Coastal Cone, Inc. Terms of New Restaurant Lease Agreement |
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION: (Verbal Report)
(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
ADJOURNMENT
OPEN SESSION 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 June 7, 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) Award of Bid for the FY2023-2024 Janitorial Services for Ventura Harbor Village Restrooms and District Administration Office
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners award the FY2023-2024 Janitorial Services Contract to Jani-King International Inc. in the amount of $85,000.
B) Rejection of Low Bid and Award of Second Low Bid for the FY2023-2024 Security Services for Ventura Harbor Village and Marina
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners:
a) Find that the low bidder, Dial Security, is not responsible, and reject its bid on that basis.
b) Award second low bid from Medallion Protective Services for the FY2023-2024 Security Services Contract in the amount of $2,800/month, $33,600/year with a contract ceiling of $50,000.
C) Award of Bid for the 1559 Spinnaker Drive Office Tenant Improvement Project
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve the low bid from FCT Construction LLC in the amount of $755,000 for the 1559 Spinnaker Drive, Tenant Improvement Modernization Project of approximately 4,000 square feet of office space.
STANDARD AGENDA:
1) Ventura West Marina Parcel 17 Preliminary Development Concept and Master Lease Negotiations
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners:
a) Receive an informational report regarding a preliminary development concept for Ventura West Marina (Parcel 17) by Master Tenant TBBW Company, L.P., a California limited partnership, associated entity Beauchamp Realty, Inc. and Aldersgate Investment.
b) Authorize the General Manager to initiate formal lease negotiations with TBBW pursuant to the Master Lease.
2) Adoption of Resolution No. 3478 Approving a Notice of Proposed Ordinance for a New 10-Year Lease between the Ventura Port District and The Boatyard, Inc. dba The Boatyard Pub
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3478 authorizing the Ventura Port District to publish a Notice of Proposed Ordinance for a New Restaurant Lease Agreement between the Ventura Port District dba Ventura Harbor Village and The Boatyard, Inc. dba The Boatyard Pub for the premises located at 1583 Spinnaker Drive #109 consisting of a total of 2,675 square feet of interior space, 1,681 square feet of patio, and 90 square feet of storage and mechanical equipment space for a five-year term with one five-year option.
3) Adoption of Resolution No. 3479 Approving the FY2023-2024 Harbor Patrol Departmental Budget
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3479 approving the FY2023-2024 Harbor Patrol Departmental Budget.
4) Adoption of Resolution No. 3480 and No. 3481 Approving the FY2023-2024 Final Budget, Five-Year Capital Improvement Plan and Salary Schedule for Non-Represented Employees
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt:
a) Resolution No. 3480 approving the FY2023-2024 Ventura Port District Annual Budget and Five-Year Capital Improvement Plan.
b) Resolution No. 3481 approving the FY2023-2024 Salary Schedule for Non-Represented Employees of the District.
5) Approval of Annual Professional Services Agreements for Administrative, Advocacy, Technical, and Legal Support Services
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve the Professional Services Agreements with:
a) Swift Chip, Inc. in the amount of $110,000 from July 1, 2023 to June 30, 2024, $113,500 from July 1, 2024 to June 30, 2025 and $116,500 from July 1, 2025 to June 30, 2026 to provide information technology services.
b) Carpi & Clay, Inc. in the amount of $60,000 to provide the District with federal advocacy services from July 1, 2023 to June 30, 2024.
c) K&L Gates in the amount of up to $80,000 to provide advocacy for the establishment of aquaculture in proximity to Ventura Harbor and legal support for regulatory agency permitting particularly as it concerns inner harbor dredging and beach maintenance.
d) Liebert Cassidy Whitmore in the amount of up to $60,000 to provide human resources legal services from July 1, 2023 to June 30, 2024.
e) Rincon Consultants, Inc. in the amount of up to $165,000 to provide dredging support, inner harbor dredging technical support, and coastal development permitting support from July 1, 2023 to June 30, 2024.
f) Dixon Consultants, Inc. in the amount of up to $55,000 to provide managed parking consulting, permitting, stakeholder engagement, and procurement support from July 1, 2023 to June 30, 2024.
g) RRM Design Group, Inc. in the amount of $40,000 to provide architectural design services for the planning of developing the Parcel 5 grass lawn area from July 1, 2023 to June 30, 2024.
ADJOURNMENT
This agenda was posted on June 16, 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)