September 7, 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 7, 2022
VENTURA PORT DISTRICT OFFICE
1603 ANCHORS WAY DRIVE
VENTURA, CA 93001
CLOSED SESSION – 6:00PM
OPEN SESSION – 7:00PM
PUBLIC PARTICIPATION OPTIONS – VIRTUAL VIEWERSHIP ONLY
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 BEGINS AT 6:00PM
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
- Conference with Real Property Negotiators – Per Government Code Section 54956.8:
| a) Property:
Negotiating Parties:
Under Negotiation: |
1567 Spinnaker Drive #103
Brian D. Pendleton, Todd Mitchell, Andy Turner Hilda Wann DBA Treasure Cove Ashley and Alan Cook Terms of Amendment No. 1 to Lease Agreement and Terms of Assignment and Assumption of Lease and Consent of Landlord |
| b) Property:
Negotiating Parties:
Under Negotiation: |
1583 Spinnaker Drive #203B, #206
Brian D. Pendleton, Todd Mitchell, Andy Turner Seaside Law Terms of New Office Lease Agreement |
- Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
(a) Claim of Ventura Harbor Restaurant Associates, Inc.
(b) Claim of Andria’s Seafood Specialties, Inc.
ADJOURNMENT
OPEN SESSION BEGINS 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 June 29, 2022 and July 20, 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) Business Operations Manager, Todd Mitchell to attend the Pacific Chapter of the Western Dredging Association (WEDA) Fall 2022 Conference in San Francisco, October 26 to 28, 2022.
b) Harbormaster, John Higgins to attend the Department of Boating and Waterways (DBW) working group in Morro Bay, September 18 to 20, 2022.
B) Approval of Updated Conflict of Interest and Disclosure Code
Recommended Action: Voice Vote.
That the Board of Port Commissioners adopt Resolution No. 3457 to approve the updated Conflict of Interest Code Policy and rescind Resolution No. 3424.
C) Consideration of Two Claims Filed on July 20, 2022
Recommended Action: Voice Vote.
That the Board of Port Commissioners:
a) Reject that portion of the claim filed against the Ventura Port District on July 20, 2022 by Andria’s Seafood Specialties, Inc. that accrued within the applicable claims filing period; and,
b) Reject that portion of the claim filed against the Ventura Port District on July 20, 2022 by Ventura Harbor Restaurant Associates, Inc. that accrued within the applicable claims filing period.
D) Authorization of a Grant of Easement to Southern California Edison Company
Recommended Action: Voice Vote.
That the Board of Port Commissioners authorize the General Manager to sign the Grant of Easement to Southern California Edison Company (SCE) and its successors an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time an underground electrical supply systems and communications system (utilities) through two strips of land lying within Parcel 1 between Anchors Way Drive and the Ventura Marina Community mobile home park.
E) Rejection of Bids for the FY2022-2023 Janitorial Services for Ventura Harbor Village Restrooms and District Administration Office
Recommended Action: Voice Vote.
That the Board of Port Commissioners reject all bids received for the FY2022-2023 Janitorial Services for Ventura Harbor Village restrooms and District Administration Office.
F) 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.
STANDARD AGENDA:
1) Presentation Outlining the Property Improvements to Safe Harbor Ventura Isle
Recommended Action: Informational.
That the Board of Port Commissioners receive a presentation outlining the property improvements to Safe Harbor Ventura Isle.
2) Rejection of Bids for the Ventura Harbor Village 1567 Spinnaker Drive Facade Renovation Project
Recommended Action: Voice Vote.
That the Board of Port Commissioners reject all bids received for the Ventura Harbor Village building 1567 Façade Renovation Project.
3) 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.
4) Authorize Execution of a Funding Agreement for a Grant from the National Fish and Wildlife Foundation for the Refugio Beach Oil Spill Settlement: South Coast Shoreline Parks and Outdoor Recreation Grants Program
Recommended Action: Voice Vote.
That the Board of Port Commissioners authorize the General Manager to execute a Funding Agreement with the National Fish and Wildlife Foundation to receive $93,301.02 for the Refugio Beach Oil Spill Settlement: South Coast Shoreline Parks and Outdoor Recreation Grants Program.
ADJOURNMENT IN HONOR OF COUNTY SUPERVISOR CARMEN RAMIREZ AND BOB BARTOSH.
This agenda was posted on Friday, September 2, 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 35.102.35.104 ADA Title II)