September 6, 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 6, 2023
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
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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 6:30PM
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.
CLOSED SESSION AGENDA
- CONFERENCE WITH REAL PROPERTY NEGOTIATORS – PER GOVERNMENT CODE SECTION 54956.8:
| a) Property:
Negotiating Parties:
Under Negotiation: |
1559 Spinnaker Drive #201
Brian D. Pendleton, Todd Mitchell, Tom Bunn John Howard dba Power & Process Engineer Terms of New Office Lease Agreement (RENEWAL) |
| b) Property:
Negotiating Parties:
Under Negotiation: |
1559 Spinnaker Drive #205D
Brian D. Pendleton, Todd Mitchell, Tom Bunn John R. Lilly, CPA Terms of New Office Lease Agreement (NEW) |
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION: (Verbal Report)
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Ventura Harbor Restaurant Associates, Inc. and Andria’s Seafood Specialties, Inc. v Ventura Port District
Ventura County Superior Court Case No. 56-2022-00572144-CU-MC-VTA
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 July 19, 2023 Port Commission Regular Meeting and August 31, 2023 Port Commission Special 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 Sr. Business Operations Manager, Todd Mitchell to attend the US Army Corps of Engineers Relinquishment of Command Ceremony in Sausalito, CA on August 30, 2023, and the CMANC Officers Trip to Washington DC from October 18-20, 2023.
B) Adoption of Resolution No. 3483 Accepting the Work of Tomar Construction, Inc. for the Ventura Harbor Village ADA Restroom Remodel Project at 1567, 1575 and 1691 Spinnaker Drive
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3483:
a) Accepting the work of Tomar Construction, Inc. for the Ventura Harbor Village ADA Restroom Remodel Project at 1567, 1575 and 1691 Spinnaker Drive.
b) Authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.
C) Adoption of Resolution No. 3484 Accepting the Work of Carjul Engineering and Construction Corporation for the Ventura Harbor Village 1559 and 1691 Spinnaker Drive New Trash Enclosure Project
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopt Resolution No. 3484:
a) Accepting the work of Carjul Engineering and Construction Corporation for the Ventura Harbor Village 1559 and 1691 Spinnaker Drive New Trash Enclosure project.
b) Authorize staff to prepare and record a Notice of Completion with the Ventura County Recorder.
D) Award of Bid for the 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 $71,585.
E) Consideration of Claim Received on August 1, 2023
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners reject the claim filed against the Ventura Port District on August 1, 2023 by Cari McCormick.
STANDARD AGENDA:
1) Adoption of Resolution No. 3485 Approving the Financial Statements and Checks for April 2023 through June 2023
Recommended Action: Roll Call Vote.
That the Board of Port Commissioners adopts Resolution No. 3485 to:
a) Accept the draft financial statements for the Quarter ending June 30, 2023 pending final year-end reconciliations and audit adjustments.
b) Review the payroll and regular checks for April through June 2023.
2) Authorization to Procure Electric Vehicles for the Ventura Port District
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
a) Amend the FY23-24 Budget to shift funds between various vehicle procurements within the Capital Improvement Project budget as well as increase the total budget, as to enable the following procurements.
b) Authorize the General Manager to procure a lift vehicle in the amount of up to $125,000 for Facilities.
c) Authorize the General Manager to procure 1 electric vehicle in the amount of up to $85,000 for Harbor Patrol.
d) Authorize the General Manager to procure 2 electric vehicles in the amount of up to $110,000 for Facilities.
e) Authorize the General Manager to procure 1 electric vehicle in the amount of up to $50,000 for Administration.
3) 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 September 1, 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