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November 18, 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

NOVEMBER 18, 2020

5 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/84137894311

Meeting ID: 841 3789 4311

1-669-900-6833
1-877-853-5257

  1. 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. Written comments will be distributed to the Commissioners and will be attached to the minutes of the meeting but will not be read aloud during the meeting.
  2. 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.

Attendees can dial *9 or use the ‘raise hand’ function in Zoom if they would like to speak during public comment periods.


CLOSED SESSION – 5:00PM

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 (1 hour 25 minutes)

See Attachment to Agenda-Closed Session Conference with Legal Counsel.


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 October 21, 2020 Regular Meeting minutes 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 2021 Port Commission Meeting Schedule

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners approve the 2021 Port Commission meeting schedule.

b) Approval of Out of Town Travel Requests

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners approve the out of town travel requests for:

  1. a) Tucker Zimmerman, Harbor Patrol I, to attend the California Division of Boating and Waterways marine firefighting course in Marina Del Rey, CA; and
  2. b) Casey Graham, Marine Safety Officer, to attend the California Division of Boating and Waterways rescue boat handling course in Marina Del Rey, CA.

STANDARD AGENDA:

 1) Consideration of Operations Plan and Economic and Fiscal Impacts of the Proposed Ventura Shellfish Enterprise Project

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners:

a) Authorize the submission of the Ventura Shellfish Enterprise Operations Plan to the U.S. Army Corps of Engineers, California Coastal Commission, and other regulatory agencies as appropriate; and,

b) Receive the Economic and Fiscal Impacts of the proposed Ventura Shellfish Enterprise.

 2) Approval of Notice of Completion for the Ventura Harbor Village Painting Project

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners adopt Resolution No. 3401:

a) Accepting the work of Garland/DBS, Inc. for the Ventura Harbor Village Painting Project; and,

b) Authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.

3) Rejection of Bids for the Ventura Harbor Village Restroom ADA Remodel

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners reject all bids received for the Ventura Harbor Village ADA Restroom Remodel for 1559 Spinnaker Drive.

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, November 13, 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, NOVEMBER 18, 2020

  1. Conference with Legal Counsel – Existing Litigation per Government Code Section 54956.9(d)(1):

a) Baer vs. Ventura Port District;

Ventura Co. Sup. Court Case No. 56-2020-00546514-CU-OE-VTA

b)      Ventura Harbor Marine Associates vs. Ventura Port District;

Ventura Co. Sup. Court Case No. 56-2020-00541974-CU-NP-VTA

c) RDPH Properties, Inc. vs. Ventura Port District;

Ventura Co. Sup. Court Case No. 56-2020-00546511-CU-WM-VTA

d) Chrysiliou Living Trust vs. Ventura Port District;

Ventura Co. Sup. Court Case No. 56-2020-00546532-CU-BC-VTA

  1. Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(4): One (1) Case.
  1. Conference with Real Property Negotiators – Per Government Code Section 54956.8:
a) Property:

 

Negotiating Parties:

Under Negotiation:

Parcel 8

(Adjacent to National Park Service Headquarters and Visitor Center at 1901 Spinnaker Drive)

Brian D. Pendleton, Todd Mitchell, Andy Turner

National Park Services

Terms of Option to Acquire/Lease Property

b) Property:

Negotiating Parties:

 

Under Negotiation:

1449 Spinnaker Drive, Suite #A and B

Brian D. Pendleton, Todd Mitchell, Andy Turner

Andria’s Seafood Specialties dba Andria’s Seafood Restaurant

Terms of New Restaurant Lease Agreement

c) Property:

Negotiating Parties:

 

Under Negotiation:

1431 – 1691 Spinnaker Drive

Brian D. Pendleton, Todd Mitchell, Andy Turner

All Ventura Harbor Village Tenants

COVID-19 Ventura Harbor Rental Abatement and Deferment Program

d)  Property:

 

Negotiating Parties:

 

Under Negotiation:

Parcels 10A, 4, 9, 7, 15, 16, 18, 2, 3, 1, 19,

3A1, 3A2, 3A4, 20, 17, 6

Brian D. Pendleton, Todd Mitchell, Andy Turner

All Master Tenants

COVID-19 Ventura Harbor Rental Abatement and Deferment Program

 

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