September 21, 2022

VENTURA PORT DISTRICT BOARD OF PORT COMMISSIONERS

Chris Stephens, Chair

Michael Blumenberg, Vice-Chair

Brian Brennan, Secretary

Jackie Gardina, Commissioner

Anthony Rainey, Commissioner

 

Brian D. Pendleton, General Manager

Todd Mitchell, Sr. Business Operations Manager

Andy Turner, Legal Counsel

Jessica Rauch, Clerk of the Board

REGULAR MEETING

WEDNESDAY, SEPTEMBER 21, 2022

 

VENTURA PORT DISTRICT OFFICE

1603 ANCHORS WAY DRIVE

VENTURA, CA 93001

CLOSED SESSION – 6:45PM

OPEN SESSION – 7:00PM


PUBLIC PARTICIPATION OPTIONS

VIRTUAL VIEWERSHIP ONLY

WATCH THE MEETING LIVE

Watch the meeting LIVE:

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SUBMIT PUBLIC COMMENT VIA EMAIL

If you will not be participating in person 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/.


CLOSED SESSION WILL BEGIN AT 6:45PM

CALL TO ORDER: By Chair 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. Conference with Real Property Negotiators – Per Government Code Section 54956.8:
a)  Property:

Negotiating Parties:

 

Under Negotiation:

1567 Spinnaker Drive #104

Brian D. Pendleton, Todd Mitchell, Andy Turner

Ricardo Magana dba Baja Bay Surf Taco

Terms of Amendment No. 1 to Restaurant Lease Agreement

ADJOURNMENT


 OPEN SESSION WILL BEGIN AT 7:00PM

CALL TO ORDER: By Chair Chris Stephens.

PLEDGE OF ALLEGIANCE: By Chair 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 7, 2022 Regular Meetings 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.

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, Legal Counsel and General Manager will give the Commission updates on important topics or items of general interest if needed.

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:  Voice Vote.

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

a) General Manager, Brian D. Pendleton to attend the CMANC Fall Meeting from October 12-14, 2022 in San Francisco, CA.

b) Business Operations Manager, Todd Mitchell to attend the CMANC Fall Meeting from October 12-14, 2022 in San Francisco, CA.

c) Vice-Chair, Michael Blumenberg to attend the CMANC Fall Meeting from October 12-14, 2022 in San Francisco, CA.

B) Approval of Amendment No. 2 to the Retail Lease Agreement with Ghassan Trad and Wafaa Alwarda dba Harbor Market & Liquor for 1559 Spinnaker Drive #104

Recommended Action:  Voice Vote.

That the Board of Port Commissioners approve Amendment No. 2 to the Retail Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Ghassan Trad and Wafaa Alwarda dba Harbor Market & Liquor for the premises located at 1559 Spinnaker Drive #104, consisting of 1,373 square feet.

C) Approval of Amendment No. 1 to the Restaurant Lease Agreement with Baja Bay Surf Taco for 1567 Spinnaker Drive #104

Recommended Action:  Voice Vote.

That the Board of Port Commissioners approve Amendment No. 1 to the Restaurant Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Ricardo Magana dba Baja Bay Surf Taco for the premises located at 1567 Spinnaker Drive #104, consisting of 773 square feet.

D) Termination of Current Office Lease Agreement with Del Mar Seafoods, Inc. and Approval of a New Office Lease Agreement with Seaside Law for 1583 Spinnaker Drive #203B and #206

Recommended Action:  Voice Vote.

That the Board of Port Commissioners:

a) Approve the termination of an Office Lease Agreement dated December 1, 2019, between the Ventura Port District dba Ventura Harbor Village and Del Mar Seafoods, Inc. for the premises located at 1583 Spinnaker Drive #203B and #206; and

b) Approve a new Office Lease Agreement between the Ventura Port District dba Ventura Harbor Village and Seaside Law for the premises located at 1583 Spinnaker Drive #203B and #206, consisting of a total of 774 square feet for a five-year term with one four-year option.

E) Approval of Amendment of Lease and Assignment and Assumption of Lease and Consent of Landlord with Hilda Wann dba Treasure Cove to Ashley and Alan Cook

Recommended Action:  Voice Vote.

That the Board of Port Commissioners approve an:

a) Amendment of Lease for Hilda Wann DBA Treasure Cove; and

b) Assignment and assumption of Lease and Consent of Landlord between Hilda Wann dba Treasure Cove and Ashley and Alan Cook for the premises located at 1567 Spinnaker Drive #103, consisting of 342 square feet.

F) Authorization of a License Agreement for a Biosecurity Station for the National Parks Service at 1691 Spinnaker Drive

Recommended Action:  Voice Vote.

That the Board of Port Commissioners authorize the General Manager to sign a License Agreement between the Ventura Port District and the National Parks Service for the installation and operation of a biosecurity station adjacent to 1691 Spinnaker Drive.

G) Adoption of Resolution No. 3458 Approving the Financial Statements and Checks for April through June 2022

Recommended Action:  Roll Call Vote.

That the Board of Port Commissioners adopts Resolution No. 3458 to:

a) Accept the draft financial statements for the Quarter ending June 30, 2022, pending final year-end reconciliations and audit adjustments; and,

b) Review the payroll and regular checks for April through June 2022.

STANDARD AGENDA:

1) Consideration of Ventura Harbor Parking Management Plan

Recommended Action:  Voice Vote.

That the Board of Port Commissioners:

a) Receive for comment and provide direction to the General Manager regarding the September 13, 2022 Associated Transportation Engineers Report for the Ventura Harbor Parking Management Plan.

b) Authorize the General Manager to prepare in cooperation with the City of Ventura, a Ventura Harbor Parking Management Plan Agreement between the two parties for Spinnaker Drive.

c) Authorize the General Manager to prepare all necessary applications for the Ventura Harbor Parking Management Plan including a Coastal Development Permit (CDP) to be submitted upon approval of the Ventura Harbor Parking Management Plan Agreement by both parties.

d) Provide preliminary direction regarding parking enforcement alternatives.

2) Approval of Fee Increases for Harbor Village Common Area Maintenance, Harbor Village Commercial Marina Slips and Ventura Harbor Boat Dry Storage

Recommended Action:  Voice Vote.

That the Board of Port Commissioners approve fee increases effective January 1, 2023 for:

a) Harbor Village Common Area Maintenance;

b) Harbor Village Commercial Marina Slips; and

c) Ventura Harbor Boat Dry Storage.

3) Declaration of District Personal Property as Surplus and Disposal of Same

Recommended Action:  Voice Vote.

That the Board of Port Commissioners declare the Harbor Patrol Rescue Boat 17 as surplus property and dispose of it in accordance with the Surplus Property Policy approved January 24, 2018.

4) Consideration of Proposed Strategies to the Ventura Port District 5-Year Objectives

Recommended Action:  Voice Vote.

That the Board of Port Commissioners approve the proposed strategies in support of the 5-Year Objectives.

ADJOURNMENT IN HONOR OF SARA WAN.

This agenda was posted on Friday, September 16, 2022 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 35.102.35.102.35.104 ADA Title II)