September 20, 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
Tom Bunn, Legal Counsel
Jessica Rauch, Clerk of the Board
REGULAR MEETING
WEDNESDAY, SEPTEMBER 20, 2023
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
CLOSED SESSION – 6:00PM
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 6:00PM
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: |
1198 Navigator Drive (Parcel 17)
Brian D. Pendleton, Todd Mitchell, Tom Bunn TBBW Company LP Terms of New Master Lease Agreement |
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION: (Verbal Report)
Name of case: Ventura Port District dba Ventura Harbor Village v. Andres S. Fernandez, LLC Ventura County Superior Court Case No. 56-2023-00575929-CL-UD-VTA (Restaurant) (Paragraph (1) of subdivision (d) of Section 54956.9)
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 September 6, 2023 Port Commission Regular 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) Adoption of Resolution No. 3486 Accepting the Work of F.C.T Construction LLC for the Margarita Villa Deck Repair Project at 1567 Spinnaker Drive
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3486:
a) Accepting the work of F.C.T Construction LLC for the Margarita Villa Deck Repair Project at 1567 Spinnaker Drive.
b) Authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.
B) Approval of a New Office Lease Agreement with John Howard dba Power & Process Engineers for 1559 Spinnaker Drive #201
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners approve an Office Lease Agreement between the Ventura Port District dba Ventura Harbor Village and John Howard dba Power & Process Engineers for the premises located at 1559 Spinnaker Drive #201, consisting of approximately 350 square feet, for a two-year term with one three-year option.
C) Approval of a New Office Lease Agreement with John R. Lilly, CPA for 1559 Spinnaker Drive #205D
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 John R. Lilly, CPA for the premises located at 1559 Spinnaker Drive #205D, consisting of approximately 646 square feet, for a five-year term with one two-year option.
STANDARD AGENDA:
1) Approval of a Professional Services Agreement with CliftonLarsonAllen LLP and Appointment of a New Audit Liaison
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
a) Approve the Professional Services Agreement with CliftonLarsonAllen LLP to conduct the annual audit for fiscal year ending June 30, 2023 in the amount of $47,250.
b) Appoint an audit liaison to work with staff and the audit firm awarded throughout the fiscal year audit process.
ADJOURNMENT
This agenda was posted on September 15, 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)