September 1, 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, SEPTEMBER 1, 2021

 

TELECONFERENCE

5 TELECONFERENCE LOCATIONS

VENTURA PORT DISTRICT OFFICE

1603 ANCHORS WAY DRIVE

VENTURA, CA 93001

CLOSED SESSION – 6:00PM

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/81748804985

Webinar ID: 817 4880 4985

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 – 6:00PM

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. Conference with Real Property Negotiators – Per Government Code Section 54956.8:
a)  Property:

Negotiating Parties:

 

Under Negotiation:

1575 Spinnaker Drive #206A

Brian D. Pendleton, Todd Mitchell, Andy Turner

Julianne Martin, Psy.D.

Terms of Office Lease Agreement (new)

b)  Property:

Negotiating Parties:

 

Under Negotiation:

1583 Spinnaker Drive #104A

Brian D. Pendleton, Todd Mitchell, Andy Turner

Katherine and James E. Adams DBA Lemon & Lei

Terms of New Retail Lease Agreement (renewal)

c)  Property:

Negotiating Parties:

 

Under Negotiation:

1575 Spinnaker Drive #206B

Brian D. Pendleton, Todd Mitchell, Andy Turner

Heather Yarian and Barbara Holden DBA Miramar International, Inc.

Terms of New Office Lease (new)

d)  Property:

Negotiating Parties:

 

Under Negotiation:

1567 Spinnaker Drive #103

Brian D. Pendleton, Todd Mitchell, Andy Turner

Hilda Wann DBA Treasure Cove

Terms of New Retail Lease (renewal)

e)  Property:

Negotiating Parties:

 

Under Negotiation:

1575 Spinnaker Drive #101, #102, #103

Brian D. Pendleton, Todd Mitchell, Andy Turner

Andres Fernandez LLC DBA The 805 Bar & Grilled Cheese/Copa Cubana

Terms of New Restaurant Lease (renewal)

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 July 21, 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 Out-of-Town Travel Requests

Recommended Action:  Roll Call Vote.

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

a) John Higgins, Harbormaster, to attend the Annual California JPIA Risk Management Educational Forum in San Diego, CA;

b) Sergio Gonzalez, Maintenance Supervisor to attend the Annual California JPIA Risk Management Educational Forum in San Diego, CA;

c) Todd Mitchell, Business Operations Manager, to attend the Annual Training and Conference with the California Association of Harbormasters and Port Captains and Marine Recreation Association in San Diego, CA; and,

d) John Higgins, Harbormaster, to attend the Annual Training and Conference with the California Association of Harbormasters and Port Captains and Marine Recreation Association in San Diego, CA.

b) Approval of Updated Conflict of Interest and Disclosure Code

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners adopt Resolution No. 3424 to approve the updated Conflict of Interest Code Policy and rescind Resolution No. 3361.

c) Approval of Updated Records Retention Policy

Recommended Action: Roll Call vote.

That the Board of Port Commissioners adopt Resolution No. 3425, approving the new Records Retention Policy for the Ventura Port District and rescinding Resolution No. 3314.

d) Approval of a New Office Lease Agreement for Julianne Martin at 1575 Spinnaker Drive #206A

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 Julianne Martin for space located at 1575 Spinnaker Drive #206A consisting of approximately 247 square feet for a two (2) year term with two (2) options each for one (1) additional year.

e) Approval of a New Retail Lease Agreement for Katherine Adams and James Adams dba Lemon & Lei at 1583 Spinnaker Drive #104A

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 Katherine Adams and James Adams DBA Lemon & Lei for space located at 1583 Spinnaker Drive #104A consisting of approximately 500 square feet for a two (2) year term.

f) Approval of a New Office Lease Agreement for Heather Yarian and Barbara Holden dba Miramar International, Inc. at 1575 Spinnaker Drive #206B

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 Heather Yarian and Barbara Holden dba Miramar International, Inc. for space located at 1575 Spinnaker Drive #206B consisting of approximately 247 square feet for a four (4) year term with two (2) options each for two (2) additional years.

g) Approval of a New Retail Lease Agreement for Hilda Wann dba Treasure Cove at 1567 Spinnaker Drive #103

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 Hilda Wann DBA Treasure Cove for space located at 1567 Spinnaker Drive #103 consisting of approximately 342 square feet for an eighteen (18) month term with two (2) options each for one (1) additional year.

h) Approval of a New Restaurant Lease Agreement for Andres Fernandez LLC dba The 805 Bar & Grilled Cheese/Copa Cubana at 1575 Spinnaker Drive #101, #102, and #103

Recommended Action: Roll Call vote.

That the Board of Port Commissioners approve a new Restaurant Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Andres Fernandez LLC DBA The 805 Bar & Grilled Cheese/Copa Cubana for space located at 1575 Spinnaker Drive #101, #102, and #103 consisting of approximately 2,390 square feet for a three (3) year term with two (2) options each for three (3) additional years.

 

STANDARD AGENDA:

1) Approval of Financial Statements and Checks for April through June 2021

Recommended Action: Roll Call vote.

That the Board of Port Commissioners adopts Resolution No. 3426 to:

a) Accept the following draft financial statements for the Quarter ending June 30, 2021, pending final year-end reconciliations and audit adjustments; and,

b) Review the payroll and regular checks for April through June 2021.

 

2) Approval of Resolution No. 3427 Designating Applicant’s Agents for Non-State Agencies for Obtaining Certain Federal Financial Assistance

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners adopt Resolution No. 3427 approving the designation of applicant’s agent for non-state agencies for obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.

 

3) Conduct of Meetings Pursuant to Executive Order N-08-21

Recommended Action: Roll Call Vote.

That the Board of Port Commissioners:

a) Return to in-person meetings beginning October 1, 2021, pursuant to Executive Order N-08-21;

b) Continue virtual participation by Zoom through December 31, 2021; and,

c) Return to the Board in December to determine meeting schedule and format for 2022.

 

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, August 27, 2021 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 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 CF