May 3, 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, MAY 3, 2023
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
CLOSED SESSION – 6:45PM
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 6:45PM
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: |
1583 Spinnaker Drive #109
Brian D. Pendleton, Todd Mitchell, Andy Turner The Boatyard, Inc. dba Boatyard Pub 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: RDHP Properties vs. Ventura Port District, et al.
Ventura County Superior Court Case No. 56-2020-00546511-CU-WM-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 April 19, 2023 Port Commission Regular Meeting and Public Facilities Corporation 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) Authorization to Execute Three Grants of Easement to Southern California Edison Company
Recommended Action: Voice Vote.
That the Board of Port Commissioners authorize the General Manager to execute three Grants of Easement to Southern California Edison Company (SCE) and its successors an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time underground electrical supply systems (utilities) in three areas to facilitate the installation and operation of EV Charging Stations.
STANDARD AGENDA:
1) Adoption of Ordinance No. 57 Authorizing Execution of Amendment No. 7 to the Existing Parcel 20 Master Lease and an Amendment to the Assignment and Option Agreement between Ventura Port District and Derecktor Marine Holdings for a New 50-Year Master Lease for Parcel 20
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners:
a) Conduct a public hearing for the purpose of receiving input on proposed Ordinance No. 57.
b) Waive reading and direct Clerk to place Ordinance No. 57 in the record of this meeting.
c) Adopt Ordinance No. 57 authorizing execution of Amendment No. 7 to the existing Parcel 20 Master Lease and an Amendment to the Assignment and Option Agreement between Ventura Port District and Derecktor Marine Holdings for a New 50-Year Master Lease for Parcel 20.
2) Quarterly Update on the Ventura Port District 5-Year Objectives
Recommended Action: Voice Vote.
That the Board of Port Commissioners receive and file the quarterly update on the Ventura Port District 5-Year Objectives.
3) Approval of Amendment No. 1 to Agreement for the Ventura Harbor Village 1559 and 1691 Spinnaker Drive New Trash Enclosure Project and Budget Adjustment to the 5-Year Capital Improvement Plan for Harbor Village Trash Enclosures
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve:
a) Amendment No. 1 to the Agreement with Carjul Engineering and Construction Corporation for the Ventura Harbor Village 1559 and 1691 Spinnaker Drive New Trash Enclosure Project in the amount of $98,000.00 for a total of $275,000.00.
b) A Budget Adjustment to the 5-Year Capital Improvement Plan for the Harbor Village Trash Enclosures from $225,000.00 to $275,000.00.
4) Approval of Amendment No. 1 to the At Will Employment Agreement for General Manager
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
a) Approve and authorize the Chair to sign Amendment No. 1 to the “At Will Employment Agreement for General Manager”, dated May 1, 2022, authorizing a 1.5% merit-based increase to the annual base salary.
b) Approve and authorize a one-time payment of $5,000 to General Manager Brian D. Pendleton in recognition of his excellent performance over the past year.
c) Align evaluation date to consider future merit-based increases to be consistent with other non-represented District employees, as defined by the District’s Human Resources Manual.
ADJOURNMENT
This agenda was posted on April 28, 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)