September 4, 2024
VENTURA PORT DISTRICT
BOARD OF PORT COMMISSIONERS
Michael Blumenberg, Chair
Jackie Gardina, Vice-Chair
Anthony Rainey, Secretary
Elizabeth Howell, 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 4, 2024
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
CLOSED SESSION – 6:30PM
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 https://us02web.zoom.us/j/83276329300 Webinar ID: 832 7632 9300 1-669-900-6833 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. |
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CLOSED SESSION 6:30PM |
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.
| CONVENE IN CLOSED SESSION |
CLOSED SESSION AGENDA
- CONFERENCE WITH REAL PROPERTY NEGOTIATORS – PER GOVERNMENT CODE SECTION 54956.8:
| a) Property:
District Negotiators: Negotiating Parties: Under Negotiation: |
1449 Spinnaker Drive, Suite #D
Brian D. Pendleton, Todd Mitchell, Tom Bunn J. DeLuca Fish Company, Inc. dba J. Deluca Fish Company Price and Terms of Payment for New Retail Lease Agreement |
| b) Property:
District Negotiators: Negotiating Parties: Under Negotiation: |
1559 Spinnaker Drive, Suite #105
Brian D. Pendleton, Todd Mitchell, Tom Bunn Wild Local Seafood Co., LLC Price and Terms of Payment for New Retail Lease Agreement |
ADJOURNMENT
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OPEN SESSION 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 July 17, 2024 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) 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) Commissioner, Tony Rainey to attend the 2024 Special District Leadership Academy from November 3 – 6, 2024 in San Rafael, CA.
b) Senior Harbor Patrol Officer, Brendan Donohue to attend the CJPIA Management Academy from September 17 – 19, 2024 in San Diego, CA.
c) Senior Harbor Patrol Officer, Ryan Sutherland to attend the CJPIA Management Academy from September 17 – 19, 2024 in San Diego, CA.
d) Facilities Manager, Sergio Gonzalez to attend the CJPIA Annual Risk Management Forum from October 9 – 11, 2024 in Indian Wells, CA.
e) Harbormaster, John Higgins to attend the CJPIA Annual Risk Management Forum from October 9 – 11, 2024 in Indian Wells, CA.
B) Adoption of Resolution No. 3507 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. 3507 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.
C) Award of Bid for the FY2024-2025 Ventura Harbor Village and Port District Outdoor Holiday Decorations and Lighting
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners award the Ventura Harbor Village and Port District Outdoor Holiday Decorations and Lighting Contract to The Holly Workshop in the amount not to exceed $76,735.
D) Adoption of Resolution No. 3508 Accepting the Work of F.C.T. Construction LLC for the Ventura Harbor Village 1559 and 1583 Spinnaker Drive Restroom Enhancements Project
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3508:
a) Accepting the work of F.C.T Construction LLC for the Ventura Harbor Village 1559 and 1583 Spinnaker Drive Restroom Enhancements Project.
b) Authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.
E) Adoption of Resolution No. 3510 Approving the Update to the Ventura Port District Conflict of Interest and Disclosure Code Policy and Rescinding Resolution No. 3457
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3510 approving the update to the Ventura Port District Conflict of Interest Code Policy and rescind Resolution No. 3457.
STANDARD AGENDA:
1) Approval of a Professional Services Agreement with Jensen Design & Survey for Architectural Services
Recommended Action: Voice Vote.
That the Board of Port Commissioners approve a Professional Services Agreement with Jensen Design & Survey in the amount of $97,000 for engineering, survey, design, permitting, bid support, and construction management for three District improvement projects.
2) Consent to Assignment and Amendments of Fueling Facility Lease for 1551 Spinnaker Drive
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
- Consent to a First Amendment of the Fueling Facility Lease related to the premises located at 1551 Spinnaker Drive to revise the legal description and give clear title to Ventura Harbor Marine Fuel, Inc.
- Consent to assignment and Second Amendment of Fueling Facility Lease related to the premises located at 1551 Spinnaker Drive, from Ventura Harbor Marine Fuel, Inc. to SHM Ventura Isla, LLC, existing ground lease tenant at 1363 Spinnaker Drive.
- Authorize the General Manager to execute the First Amendment, Approval of Assignment of Lease, and Second Amendment, and to take or cause to be taken any and all such other actions as the General Manager shall deem necessary, appropriate or desirable in connection with the execution, delivery and performance of the Approval of Assignment of Lease and completion of the proposed assignment upon:
- District Legal Counsel review and approval of supporting transactional documents.
- Commitment to pay out of escrow for the underlying transaction Appreciation Rent in the amount of $54,000.
- Commitment to reimbursement of the District’s legal fees associated with the transaction.
3) Receive and File 2024 Ventura Harbor Survey Results
Recommended Action: Voice Vote.
That the Board of Port Commissioners receive and file the results from the 2024 Ventura Harbor Survey.
4) Review of Saturday, September 14, 2024 Public Workshop
Recommended Action: Voice Vote.
That the Board of Port Commissioners receive a presentation regarding the planning efforts and agenda for the Board’s Saturday, September 14, 2024 Public Workshop.
5) Quarterly Update on the Ventura Port District 5-Year Objectives
Recommended Action: Voice Vote.
That the Board of Port Commissioners receive and file the quarterly update on the Ventura Port District 5-Year Objectives.
ADJOURNMENT
This agenda was posted on Thursday, August 29, 2024 by 6:00p.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)