May 19, 2021
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
Andy Turner, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA
REGULAR MEETING
WEDNESDAY, MAY 19, 2021
TELECONFERENCE
5 TELECONFERENCE LOCATIONS
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
CLOSED SESSION – 5:30PM
REGULAR MEETING – 7:00PM
IN ACCORDANCE WITH THE CALIFORNIA GOVERNOR’S EXECUTIVE STAY AT HOME ORDER AND THE COUNTY OF VENTURA HEALTH OFFICER DECLARED LOCAL HEALTH EMERGENCY AND BE WELL AT HOME ORDER RESULTING FROM THE NOVEL CORONAVIRUS, THE VENTURA PORT DISTRICT ADMINISTRATION BUILDING IS CLOSED TO THE PUBLIC. THIS MEETING IS BEING HELD IN ACCORDANCE WITH THE STATE EMERGENCY SERVICES ACT, THE GOVERNOR’S EMERGENCY DECLARATION, AND THE GOVERNOR’S EXECUTIVE ORDER NO. 25-20 ISSUED ON MARCH 12, 2020 TO ALLOW ATTENDANCE BY MEMBERS OF THE PORT COMMISSION BY TELECONFERENCE IN FULL COMPLIANCE WITH THE BROWN ACT.
PUBLIC PARTICIPATION OPTIONS
WATCH THE MEETING LIVE
Join a Zoom meeting LIVE:
https://us02web.zoom.us/j/86953096952
Webinar ID: 869 5309 6952
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, please fill out the Public Comment Slip and email the Clerk of the Board at jrauch@venturaharbor.com by 4:00PM on the day of the meeting so you can participate appropriately. You can use one (1) comment slip for multiple items.
If you decide to speak during the meeting and did not fill out a Public Comment slip, attendees can dial *9 if on the phone or use the ‘raise hand’ function in Zoom.
CLOSED SESSION – 5:30PM
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
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties:
Under Negotiation: |
1559 Spinnaker Drive #104
Brian D. Pendleton, Todd Mitchell, Andy Turner Ghassan Trad & Wafaa Alwarda dba Harbor Market & Liquor Terms of Retail Lease Amendment |
| b) Property:
Negotiating Parties:
Under Negotiation: |
1449 Spinnaker Drive #B
Brian D. Pendleton, Todd Mitchell, Andy Turner Andria’s Seafood Specialties dba Andria’s Seafood Restaurant Terms of New Office Lease Agreement (renewal) |
| c) Property:
Negotiating Parties:
Under Negotiation: |
1559 Spinnaker Drive #102
Brian D. Pendleton, Todd Mitchell, Andy Turner Louise Gaye Clanton & Tracy Lanquist dba Ventura Swimwear Terms of New Retail Lease Agreement (renewal) |
| d) Property:
Negotiating Parties:
Under Negotiation: |
1591 Spinnaker Drive #117B
Brian D. Pendleton, Todd Mitchell, Andy Turner Anne Trainoff dba Silhouettes Salon Terms of Retail Lease Option |
| e) Property:
Negotiating Parties:
Under Negotiation: |
1410 Angler Ct.
Brian D. Pendleton, Todd Mitchell, Andy Turner Kat Jones Terms of New Sublease |
| f) Property:
Negotiating Parties:
Under Negotiation: |
1591 Spinnaker Drive #114, #115
Brian D. Pendleton, Todd Mitchell, Andy Turner Aaron Running dba Aarmark Beer Gardens John, Gillian and Tom Conway dba Deep Sea by Conway Family Wines John & Michelle Kimble dba Hula’s Island Grill Terms of New Restaurant Lease |
- Conference with Legal Counsel – Existing Litigation per Government Code Section 54956.9(d)(1): RDPH Properties, Inc. vs. Ventura Port District; Ventura Co. Sup. Court Case No. 56-2020-00546511-CU-WM-VTA. (verbal report)
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 May 5, 2021 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 and General Manager will give the Commission updates on important topics or items of general interest if needed.
LEGAL COUNSEL REPORT (5 minutes)
Legal Counsel will report on progress of District assignments and any legislative or judicial matters.
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 Amendment to the Retail Lease Agreement for Ghassan Trad and Wafaa Alwarda dba Harbor Market & Liquor
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve an Amendment to the Retail Lease between the Ventura Port District dba Ventura Harbor Village and Ghassan Trad and Wafaa Alwarda dba Harbor Market & Liquor for the premises located at 1559 Spinnaker Drive #104.
b) Approval of Option to Silhouettes Retail Lease Agreement
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners authorize the General Manager to approve the Option to Retail Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Anne Trainoff DBA Silhouettes Salon for the premises located at 1591 Spinnaker Drive #117B, consisting of 761 square feet.
c) Approval of Change Orders for the Fisherman’s Storage Containers Procurement
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve two change orders for the procurement of the Fisherman’s Storage Containers with Container Alliance in the amount of $8,366.52 and $6,435.78 for a total of $14,802.30.
STANDARD AGENDA:
1) Approval of Notice of Proposed Ordinance for a New Office Lease Agreement with Options for Andria’s Seafood Specialties dba Andria’s Seafood Restaurant
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3416 authorizing the Ventura Port District to publish a Notice of Proposed Ordinance for a new approximately 5-year Office Lease Agreement with three (3) five (5) year options (for a total of approximately 20 years) between the Ventura Port District dba Ventura Harbor Village and Andria’s Seafood Specialties dba Andria’s Seafood Restaurant in a newspaper of general circulation.
2) FY2021 – 2022 Budget Study Session
Recommended Action: Informational.
That the Board of Port Commissioners conduct a FY21–22 Budget Study Session and provide direction to the General Manager in preparation of the forecasted preliminary budget and five-year capital improvement plan.
3) Approval of Amendment No. 1 to the Employment Agreement for General Manager
Recommended Action: Roll Call vote.
That the Board of Port Commissioners approve and authorize the Chair to sign Amendment No. 1 to the “At Will Employment Agreement for General Manager”, dated May 1, 2019, increasing the annual base salary to $197,084 and granting a one-time payment of $5,000 to General Manager Brian Pendleton.
4) Ventura Port District Operations Update as it Relates to COVID-19
Recommended Action: Informational. (Verbal Report)
That the Board of Port Commissioners receive an update on:
a) The COVID-19 Ventura Harbor Rental Abatement and Deferment Program; and,
b) Status of Ventura Port District operations.
ADJOURNMENT
This agenda was posted on Friday, May 14, 2021 by 6:00 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)