March 15, 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, MARCH 15, 2023

VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001

CLOSED SESSION – 6:00PM
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 AT 6:00PM

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 REAL PROPERTY NEGOTIATORS – PER GOVERNMENT CODE SECTION 54956.8:

a)  Property:
Negotiating Parties:
Under Negotiation:
1575 Spinnaker Drive #204C
Brian D. Pendleton, Todd Mitchell, Andy Turner
Ahmad Vahedian, PH.D
Jeff M. Moorhouse dba Moorhouse Financial Services, Inc.
Terms of Assignment and Assumption of Lease and Consent of Landlord (Verbal)

2. 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 (Verbal)

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(B)(1): Brian D. Pendleton, General Manager – Annual Review (Verbal)

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 March 1, 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:

  1. General Manager, Brian Pendleton to attend the CSDA 2023 General Manager Leadership Summit from June 25-27, 2023 in Olympic Valley, CA.
  2. General Manager, Brian Pendleton to attend the LCW 2023 Public Sector Employment Law Annual Conference from March 16-17, 2023 in San Diego, CA.
  3. Marketing Manager, Jennifer Talt-Lundin to attend the Central Coast Tourism Council Board Retreat from April 16-18, 2023 in Santa Cruz, CA.
  4. Harbor Patrol Officer I, Mason Alford to attend the California Boating Accident Investigator Course from April 23-28, 2023 in San Pedro, CA.
  5. Harbor Patrol Officer II, Mark Kidman to attend the California Boating Accident Investigator Course from April 23-28, 2023 in San Pedro, CA.

B) Approval of Assignment and Assumption of Lease and Consent of Landlord for Ahmad Vahedian, PH.D to Jeff M. Moorhouse dba Moorhouse Financial Services, Inc.

Recommended Action:  Voice Vote.

That the Board of Port Commissioners approve an assignment and assumption of Lease and Consent of Landlord between Ahmad Vahedian, PH.D and Jeff M. Moorhouse dba Moorhouse Financial Services, Inc. for the premises located at 1575 Spinnaker Drive #204C, consisting of 275 square feet.

C) Approval of New Office Lease Agreement with Terraform Productions, Inc. dba Harbour Village Insurance Agency

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 Terraform Productions, Inc. dba Harbour Village Insurance Agency for the premises located at 1583 Spinnaker Drive #211 consisting of a total of 492 square feet for a three-year term with one two-year option.

D) Approval of New Office Lease Agreement with Eagle Crest Enterprises, LLC.

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 Eagle Crest Enterprises, LLC. for the premises located at 1575 Spinnaker Drive #206B consisting of a total of 247 square feet for a three-year term with one two-year option.

E) Approval of New Retail Lease Agreement with Katherine Sparks-Jones dba Ventura Fresh Fish

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 Katherine Sparks-Jones dba Ventura Fresh Fish for the premises located at 1449 Spinnaker Drive #F consisting of a total of 563 square feet for a two-year term with one one-year option.

F) Approval of Amendment No. 1 to the Professional Services Agreement with Liebert Cassidy Whitmore

Recommended Action:  Voice Vote.

That the Board of Port Commissioners approve Amendment No. 1 with Liebert Cassidy Whitmore in the amount of $20,000 to provide continued human resources legal services and support.

STANDARD AGENDA:

1) Coastal Marine Biolabs Current Activities Update

Recommended Action:  Informational.

That the Board of Port Commissioners receive an update from Coastal Marine Biolabs on current activities.

2) Presentation on Parcel 5 between 1591 and 1691 Spinnaker Drive

Recommended Action:  Informational.

That the Board of Port Commissioners receive a presentation of prior landscape design concepts prepared by RRM Design Group on behalf of the District for the grass lawn area of Parcel 5 and provide direction to the General Manager regarding future uses and design efforts.

3) Presentation on the General Plan Advisory Committee Local Coastal Program Update

Recommended Action:  Informational.

That the Board of Port Commissioners receive a presentation on the General Program Advisory Committee Local Coastal Plan Update.

4) 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 March 10, 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)