May 6, 2020
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Chris Stephens, Chairman
Brian Brennan, Vice Chairman
Jackie Gardina, Secretary
Everard Ashworth, Commissioner
Michael Blumenberg, Commissioner
Brian D. Pendleton, General Manager
Todd Mitchell, Business Operations Manager
Andy Turner, Legal Counsel
Jessica Rauch, Clerk of the Board
PORT COMMISSION AGENDA
TELECONFERENCE
MAY 6, 2020
6 TELECONFERENCE LOCATIONS
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
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
1. Join a Zoom meeting LIVE:
https://us02web.zoom.us/j/88500842798
Meeting ID: 885 0084 2798
888 475 4499 US Toll-free
877 853 5257 US Toll-free
- If you do not wish to speak but would like to submit a written comment on a specific agenda item, 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. Your email will be read by the Clerk or attached to the minutes.
- If you wish to speak on a specific agenda item when watching the live Zoom meeting, please email the Clerk of the Board at jrauch@venturaharbor.com by 4:00PM on the day of the meeting so you can participate appropriately.
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.
CLOSED SESSION AGENDA (1 hour 25 minutes)
See Attachment to Agenda-Closed Session Conference with Legal Counsel.
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. Each item on the agenda shall be deemed to include action by an appropriate motion, resolution or ordinance to take action on any item.
APPROVAL OF MINUTES (3 minutes)
The Minutes of the April 15, 2020 Regular Meeting will be considered for approval.
MOMENT OF SILENCE FOR DONNA CANFIELD
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.
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 Second Amendment and Extension of Lease for The Ultimate Escape Rooms
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve the Second Amendment to the current Lease between Annette Cortez, Alexis Crouse and Scott Crouse, doing business as The Ultimate Escape Rooms, and the Ventura Port District, removing the Crouses and adding Marilyn Ryemon to the Lease, with Annette Cortez remaining, for the premises located at 1591 Spinnaker Drive #117C.
b) Approval of New Retail Lease Agreement for Harbor Village Gallery & Gifts
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve a new Retail Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Harbor Village Gallery & Gifts for the premises located at 1559 Spinnaker Drive #106 consisting of a total of 773 square feet for a two (2) year term.
c) Approval of New Office Lease Agreement for David Richard
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve a new Office Lease Agreement between the Ventura Port District dba Ventura Harbor Village and David Richard for the premises located at 1591 Spinnaker Drive #205 consisting of a total of 1,058 square feet for a one (1) year term with a one (1) year option.
STANDARD AGENDA:
Adoption of Resolution No. 3390 Approving a Modernization Plan and Option to Extend Lease for First Cloud, LLC
Recommended Action: Roll Call Vote.
The Board of Port Commissioners adopt Resolution No. 3390:
- Approval of the Modernization Plan pursuant to the lease term by and between First Cloud, LLC, a California limited liability company (“Lessee”) and the Ventura Port District, a California Port District (“Lessor”); and
- Acceptance of option to extend lease term by and between First Cloud, LLC, a California limited liability company (“Lessee”) and the Ventura Port District, a California Port District (“Lessor”).
2) 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.
ADJOURN IN HONOR OF DONNA CANFIELD
This agenda was posted on Friday, May 1, 2020 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. Notification 48 hours before the meeting will enable the District to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II)
ATTACHMENT TO PORT COMMISSION AGENDA
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
WEDNESDAY, MAY 6, 2020
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties:
Under Negotiation: |
Federal Authorized Sea Bottom
Brian Pendleton, Todd Mitchell, Andy Turner, Robert Smith Army Corps of Engineers Sea Bottom Aquaculture Master Permit (Verbal Report) |
| b) Property:
Negotiating Parties:
Under Negotiation: |
1591 Spinnaker Drive #117C
Brian Pendleton, Todd Mitchell, Andy Turner The Ultimate Escape Rooms Second Amendment and Extension of Lease (Verbal Report) |
| c) Property:
Negotiating Parties:
Under Negotiation: |
1559 Spinnaker Drive #106
Brian Pendleton, Todd Mitchell, Andy Turner Harbor Village Gallery & Gifts New Retail Lease Agreement (Verbal Report) |
| d) Property:
Negotiating Parties:
Under Negotiation: |
1591 Spinnaker Drive #205
Brian Pendleton, Todd Mitchell, Andy Turner David Richard New Office Lease Agreement (Verbal Report) |
- Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): Two (2) Cases. (Verbal Reports)
- Public Employee Performance Evaluation per Government Code Section 54957(b)(1): Brian D. Pendleton, General Manager – Annual Review (Verbal Report)
- Conference with Labor Negotiators – Per Government Code Section 54957.6
| a) Employee Units:
Groups: Negotiating Parties: Under Negotiation: |
Courtesy Patrol Officers
International Brotherhood of Teamsters Union, Local 186 Brian Pendleton, Todd Mitchell, Andy Turner, Oliver Yee Labor Negotiations |