September 16, 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
SEPTEMBER 16, 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
- Join a Zoom meeting LIVE:
https://us02web.zoom.us/j/82493595453
Meeting ID: 824 9359 5453
1-669-900-6833
1-877-853-5257
- 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.
- 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.
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.
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 September 2, 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:
A) Authorization of Spectrum Pacific West, LLC Fiber Optic Installation and Maintenance Agreement
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners authorize the General Manager to sign the Spectrum Fiber Optic Installation and Maintenance Agreement with Spectrum Pacific West, LLC (Spectrum), its successors and grants a non-exclusive easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time an underground fiber optics system (Utilities) along Anchors Point Way to Schooner Drive connect to the Harbortown Point Resort for Spectrum services.
B)Acceptance of 12-Month No-Cost Extension to 2018 California Shellfish Grant
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners authorize the General Manager to execute a 12-month extension to the Cost Reimbursement Research Subaward Agreement for the Ventura Shellfish Enterprise (VSE) project.
STANDARD AGENDA:
1.Approval of Notice of Proposed Ordinance for the Assignment of the Existing Parcel 20 Master Lease and an Option Agreement Between the Ventura Port District and Derecktor Marine Holdings for a New 50-Year Master Lease
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3397 authorizing the Ventura Port District to publish a Notice of Proposed Ordinance for the (1) Assignment of the Existing Parcel 20 Master Lease and (2) Option Agreement between Derecktor Marine Holdings and the District for a New 50-year Master Lease in a newspaper of general circulation.
2. Adoption of Resolution No. 3395 Extending the COVID-19 Ventura Harbor Rental Abatement and Deferment Program
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3398 further extending the COVID-19 Ventura Harbor Rental Abatement and Deferment Program until December 31, 2020, which will allow for the abatement or deferment of all rental payments for those Harbor Master Tenants and Harbor Village Tenants who have been directly impacted by the COVID-19 Pandemic on a monthly basis for repayment of deferred rents within six months after all applicable government emergency orders are rescinded, no sooner than May 12, 2021.
ADJOURNMENT
This agenda was posted on Friday, September 11, 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, SEPTEMBER 16, 2020
1. Conference with Labor Negotiators – Per Government Code Section6:
| 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 (Verbal Report) |
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties:
Under Negotiation:
|
Parcel 20
Brian Pendleton, Todd Mitchell, Andy Turner Derecktor Marine Holdings LLC Terms of Assignment of Lease and 50-year Lease Option (Verbal Report) |
| b) Property:
Negotiating Parties:
Under Negotiation:
|
1431 – 1691 Spinnaker Drive
Brian Pendleton, Todd Mitchell, Andy Turner All Ventura Harbor Village Tenants COVID-19 Ventura Harbor Rental Abatement and Deferment Program |
| c) Property:
Negotiating Parties:
Under Negotiation:
|
Parcels 10A, 4, 9, 7, 15, 16, 18, 2, 3, 1, 19,
3A1, 3A2, 3A4, 20, 17, 6 Brian Pendleton, Todd Mitchell, Andy Turner All Master Tenants COVID-19 Ventura Harbor Rental Abatement and Deferment Program |
- Conference with Legal Counsel – Potential Litigation per Government Code Section 54956.9(d)(2): 1 Case. (verbal report)