On the agenda: Ventura meeting — Data Center (Sep 15)

CITY COUNCIL AGENDA
TUESDAY, SEPTEMBER 15, 2026
CLOSED SESSION – 4:00 P.M.
REGULAR MEETING - 5:00 P.M.
CITY COUNCIL CHAMBERS – CITY HALL - 501 POLI STREET, VENTURA, CA 93001
DR. JEANNETTE SÁNCHEZ-PALACIOS, MAYOR

Councilmembers:
DISTRICT 1 – LIZ CAMPOS
DISTRICT 2 – DOUG HALTER, DEPUTY MAYOR
DISTRICT 3 – RYYN SCHUMACHER

Bill Ayub, City Manager

DISTRICT 5 – BILL MCREYNOLDS
DISTRICT 6 – JIM DURAN
DISTRICT 7 – ALEX MANGONE

Javan N. Rad, City Attorney

Michael B. MacDonald, City Clerk

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN-PERSON
ATTENDANCE AND VIRTUAL PARTICIPATION.

The City of Ventura acknowledges that we are gathered on unceded Chumash land. To read the City Council–adopted
Chumash Land Acknowledgment in full, please visit: Chumash Land Acknowledgment | Ventura, CA.
Live broadcasts of City Council meetings are available on Cable TV (Channel 15) and via internet accessible video
stream at https://www.cityofventura.ca.gov/718/Videos or on YouTube a https://www.YouTube.com/cityofventura/live.
To access the meeting remotely use this URL: https://us02web.zoom.us/j/84095569075. To request to speak, use the
“raise hand” function in Zoom. To join by phone: Dial 1-669-900-6833 or 1-833-568-8864 (Toll Free) and enter Meeting
ID: 840 9556 9075. To provide public comment, Press *9 and wait to be recognized by the City Clerk.
Translated closed captions are available through Zoom for both in-person and virtual participants. In-person attendees
may access translated captions by joining the Zoom meeting on a personal mobile device. Requests for live, two-way
interpretation must be submitted by Wednesday prior to the meeting to allow sufficient time to arrange an interpreter.
To submit written comments (up to 1,000 characters) for the City Council’s consideration and inclusion in the public
records, email [email protected] by 3:00 p.m. on the meeting date, or by using the public comment form
at www.cityofventura.ca.gov/publicinput. Please include the Agenda Item Number in the subject.
This meeting will be conducted in accordance with the Ralph M. Brown Act (Government Code § 54950 et seq.).
Members of the public are welcome to attend and participate in the meeting. Questions regarding the meeting or
agenda may be directed to Michael MacDonald, City Clerk, at (805) 658-4787. The City Council may take action on
any item listed on the agenda. Meetings are generally scheduled to adjourn by 10:00 p.m. Any remaining agenda items
may be continued to the next regularly scheduled meeting or another date as determined by the City Council.

Tuesday, September 15, 2026

Ventura City Council Agenda
www.cityofventura.ca.gov

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CALL TO ORDER – CLOSED SESSION – 4:00 p.m.
ROLL CALL
PUBLIC COMMUNICATIONS: Public comments on Closed Session Items only.
CLOSED SESSION: Teleconference/Video Conference Meeting. The Public may not participate
in the Closed Session, other than for Public Comments.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Brittney Kahn v. City of San Buenaventura, et al.
Ventura County Superior Court Case No. 2025CUPO036935
Authority: Government Code Section 54956.9(d)(1)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation: One Case
Authority: Government Code Section 54956.9(d)(2)
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Consideration of Initiation of Litigation: One Case
Authority: Government Code Section 54956.9(d)(4)
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
Authority: Government Code Section 54957

ADJOURNMENT: Adjourn to Regular Meeting.
CALL TO ORDER – REGULAR SESSION – 5:00 p.m. The regular meetings of the San
Buenaventura (Ventura) City Council also serve as regular meetings of the Successor Agency, Public Facilities
Financing Authority, and the San Buenaventura Parking Authority when items are listed on the agenda.
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
•

Childhood Cancer Awareness Month Proclamation

CLOSED SESSION REPORT

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Ventura City Council Agenda
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CITY COUNCIL COMMUNICATIONS: Per Government Code Section 54954.2(a)(2), the Council
Communications section of the agenda provides City Council the opportunity to ask a question for clarification, make a
brief announcement, or make a brief report on their own activities.

CITY MANAGER COMMUNICATIONS
PUBLIC COMMUNICATIONS:

In compliance with Government Code Section 54954.3, Public
Communications is that portion of Council meetings set aside for members of the public to address City Council on items
of any City business other than scheduled agenda items. Comments are limited to items within the subject matter
jurisdiction of the City and are limited to no more than three (3) minutes. Per the City Council Protocols, this initial period
for general public communications will be limited to twenty (20) speakers, with priority given to in-person speakers over
virtual speakers. If there are ten (10) or fewer speakers, each speaker will have three (3) minutes to speak; if there are
more than ten (10) speakers, each speaker will have two (2) minutes to speak. Speakers may not cede their time to
another speaker. City Council cannot act on any items not on the agenda.

CONSENT ITEMS: Matters appearing on the Consent Items are expected to be non-controversial and will be
acted upon by City Council at one time without discussion unless a Councilmember, City Staff, or a member of the public
requests an opportunity to address an item. Items removed from the Consent Calendar will be discussed at the beginning
of the Formal Items. Approval by the City Council of Consent Items means the recommendation of Staff is approved
along with the terms and conditions described in the Administrative Report.

1.

First Amendment to Legal Services Agreement 2025-133 with Burke,
Williams & Sorenson, LLP for Representation of the City in Gieseke v.
City of San Buenaventura, et al
Staff: Javan N. Rad, City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into a First Amendment to Agreement
2025-133 with the law firm of Burke Williams & Sorenson, LLP, in an
amount of $46,000 for a not to exceed total of $106,000 to continue
representing the City with respect to the above referenced matter.

2.

First Amendment to Legal Services Agreement 2025-135 with Burke,
Williams & Sorenson, LLP for Representation of the City in Fekkes v.
City of San Buenaventura, et al
Staff: Javan N. Rad, City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into a First Amendment to Agreement
2025-135 with the law firm of Burke Williams & Sorenson, LLP, in an
amount of $517,500 for a not to exceed total of $577,500 to continue
representing the City with respect to the above-referenced matter.

Tuesday, September 15, 2026

Ventura City Council Agenda
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CONSENT ITEMS (CONTINUED)
3.

First Amendment to Legal Services Agreement 2025-138 with Best
Best & Krieger, LLP for Representation of the City in Andoun v.
Williams Homes, Inc., et al
Staff: Javan N. Rad, City Attorney
RECOMMENDATION
Authorize the City Attorney to enter into a First Amendment to Agreement
2025-138 with the law firm of Best Best & Krieger, LLP, in an amount of
$286,000 for a not to exceed total of $346,000 to continue representing the
City with respect to the above-referenced matter.

4.

Appointments Recommendation Committee Appointments to the
Ventura Port District Board, Parking Advisory Committee, and Water
Commission
Staff: Michael MacDonald, City Clerk
RECOMMENDATION
a. Reappoint Anthony Rainey to the Ventura Port District Board of Port
Commissioners to fill the current vacancy with a term ending on June
30, 2030.
b. Appoint Eileen Shaw and Lynette Hale-Lee to the Parking Advisory
Committee to fill the current vacancies with a term ending on September
10, 2028.
c. Reappoint Lara Shellenbarger and appoint Natalie Roberts to the Water
Commission to fill the current professional category vacancies with a
term ending on June 30, 2028.

5.

Encampment Resolution Funding Update for Pasteur Court
Staff: Maruja Clensay, Interim Community Development Director
RECOMMENDATION
Receive and file the update.

Tuesday, September 15, 2026

Ventura City Council Agenda
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CONSENT ITEMS (CONTINUED)
6.

Proposed Correspondence Expressing Concerns over a Potential
Data Center Project at the Ventura County Fairgrounds
Staff: Bill Ayub, City Manager
RECOMMENDATION
Authorize the Mayor to send a letter to Ventura County Fairgrounds CEO,
expressing concerns over a potential Data Center Project.

7.

Revised Salary Resolution for Unrepresented Employees
Staff: Valerie Barroso, Human Resources Director
RECOMMENDATION
Adopt a revised Resolution Providing for a Systematic Classification of
Positions and a Standardization of Salaries of Certain Paid Officers and
Employees of the City (Salary Resolution) as of September 12, 2026.

8.

Professional Services Agreement PW26-1225 with BKF Engineers for
Design Services for the Seismic Retrofit of Bridges over Railroad at
Victoria Avenue and Telephone Road (ST24-1269)
Staff: Charles W. Ebeling, Public Works Director
RECOMMENDATION
a. Authorize the City Manager, or designee, to execute Professional
Services Agreement PW26-1225 with BKF Engineers for design
services on the Victoria Avenue and Telephone Road Seismic Bridge
Retrofit Project in the amount of $434,434 with a contract completion
date of January 31, 2028.
b. Authorize the City Manager, or designee, to execute future amendments
to Professional Services Agreement PW26-1225 with BKF Engineers up
to a total maximum contingency of $43,443 for a total not-to-exceed
Agreement amount of $477,877.

Tuesday, September 15, 2026

Ventura City Council Agenda
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CONSENT ITEMS (CONTINUED)
9.

Fourth Amendment to Professional Services Agreement 2022-007
with Hamner, Jewell & Associates for Property Acquisition Services
for the State Water Interconnection Project
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
Authorize the City Manager, or designee, to execute a Fourth Amendment
to the Professional Services Agreement 2022-007 with Hamner, Jewell &
Associates for property acquisition services for the State Water
Interconnection Project to extend the contract term through June 30, 2027
and to increase the maximum compensation by $19,000, for a total not-toexceed amount of $188,260, pursuant to Section 4.600.200 of the Municipal
Code.

PUBLIC HEARING ITEMS: Staff shall introduce the public hearing item and present their report to Council.
Councilmembers may ask questions of staff if they desire. Any member of the public may speak or present evidence,
after submitting a speaker card and being recognized by the Mayor. All rules of decorum apply during Public Hearings.
Each member of the Council shall verbally disclose all ex parte communications concerning the subject of the hearing.

10.

Resolution to Submit the City of Ventura Draft Prohousing
Designation Application
Staff: Maruja Clensay, Interim Community Development Director
RECOMMENDATION
a. Conduct a public hearing.
b. Adopt a Resolution authorizing staff to submit the Prohousing
Designation application to the California Department of Housing and
Community Development.

FORMAL ITEMS: The public may comment on each item listed on the agenda for Formal Items as the item is
taken up. Formal Items may be reordered at the discretion of the Chair. The public may speak up to three (3) minutes
on each agenda item. If there are 21 or more speakers, the time will be reduced to two (2) minutes.

11.

Use of Contingency Funds for Project WW22-1215, Membrane
Bioreactor/ Ultraviolet Light Disinfection Project
Staff: Gina Dorrington, Ventura Water General Manager
RECOMMENDATION
This item is information only. No action required.

Tuesday, September 15, 2026

Ventura City Council Agenda
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FORMAL ITEMS (CONTINUED)
12.

Parklet License Agreement Amendment
Staff: Charles W. Ebeling, Public Works Director
RECOMMENDATION
Authorize the City Manager, or designee, to negotiate and execute License
Agreements for Parklet Encroachments in Public Rights-of-Way following
substantially the same key terms as set forth in this staff report, including
extending the standard license term from one year to three years while
clarifying City’s authority to manage the public right-of-way, as appropriate.

13.

Construction Contract with Peter Lapidus Construction, Inc. for
Pipeline Removal and Professional Services Agreement PW26-1229
with Kennedy/Jenks Consultants,Inc. for Engineering Services during
Construction for the Well Repair and Restoration of Intake Structure
Project (WA14-1079)
Staff: Charles W. Ebeling, Public Works Director
RECOMMENDATION
a. Waive all minor bid irregularities and authorize the City Manager, or
designee, to execute subject construction agreement with the lowest
responsive and responsible bidder Peter Lapidus Construction, Inc., in
the low bid amount of $1,689,761 with a contract completion date of 70
consecutive calendar days from the Notice to Proceed.
b. Authorize the City Manager, or designee, to execute future amendments
to subject construction contract agreement up to a total maximum
contingency of $253,000 which is approximately 15% of the bid, for a
total not to exceed contract amount of $1,942,761 and a total extension
of 120 calendar days.
c. Authorize the City Manager, or designee, to execute Professional
Services Agreement PW26-1229 with Kennedy/Jenks Consultants, Inc.
for engineering services during construction in the amount of $282,635
with a contract completion date of March 31, 2027.
d. Authorize the City Manager, or designee, to execute future amendments
to Professional Services Agreement PW26-1229 with Kennedy/Jenks
Consultants, Inc. to a maximum contingency of $42,395 for a total not
to exceed agreement amount of $325,030.

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FORMAL ITEMS (CONTINUED)
14.

Ordinance Authorizing Attorney’s Fees in Nuisance Abatement
Actions
Staff: Javan N. Rad, City Attorney
RECOMMENDATION
a. Introduce and waive the first reading of an Ordinance amending San
Buenaventura Municipal Code to add Chapter 1.350, “Public Nuisance,”
to allow for recovery of attorney’s fees litigation initiated by the City, and
schedule the second reading and adoption of the Ordinance for the next
date upon which adequate notice can be provided. Ordinance titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BUENAVENTURA, CALIFORNIA, ADDING CHAPTER 1.350, “PUBLIC
NUISANCE,” TO TITLE 1 OF THE SAN BUENAVENTURA MUNICIPAL
CODE TO PROVIDE FOR ENHANCED ENFORCEMENT REMEDIES
AND RECOVERY OF ATTORNEY’S FEES IN NUISANCE ABATEMENT
ACTIONS”
b. Find that adoption of the Ordinance is exempt from the California
Environmental Quality Act pursuant to State CEQA Guidelines Section
15061(b)(3) because it merely implements a regulatory process that will
not foreseeably result in any physical activities.

15.

Update on Matrix Report, Adopted City Council Policies, and 20232024 Grand Jury Report
Staff: Maruja Clensay, Interim Community Development Director
RECOMMENDATION
This item is for information only. No action required.

ITEMS FOR FUTURE AGENDAS: Policy Considerations may be submitted by two Councilmembers
jointly on Items for Future Agendas. Policy Considerations are to request that the City Council direct “staff to report
back to the body at a subsequent meeting concerning any matter or take action to direct staff to place a matter of
business on a future agenda,” as allowed by Government Code Section 54954.2(a)(3).

PUBLIC COMMUNICATIONS: In compliance with Government Code Section 54954.3, Public
Communications is that portion of Council meetings set aside for members of the public to address City Council on
items of any City business other than scheduled agenda items. Comments are limited to items within the subject
matter jurisdiction of the City and are limited to no more than three (3) minutes. Per the City Council Protocols,
speakers may not cede their time to another speaker. If a person speaks during the first general public
communications period, they do not have an opportunity to speak again during this second period, even if their time
was shortened to two (2) minutes during the first period. City Council cannot act on any items not on the agenda.

Tuesday, September 15, 2026

Ventura City Council Agenda
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ADJOURNMENT: Communications to the City Council are public record and will become part of the City’s
electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names,
addresses, and other contact information are not required, but if included in any communication to the City Council,
will become part of the public record. If you do not want your e-mail address or any other contact information to be
made public, you may deliver communications via U.S. Postal Service to the City Clerk’s Office at 501 Poli Street,
Room 204, Ventura, CA 93001. If you do not want your contact information included in the public record, please do
not include that information in your communication. Please contact the City Clerk Department for further information.
In compliance with the American with Disabilities Act, if you need assistance to participate in this meeting, please
contact the City Clerk at (805) 658-4787 or the California Relay Service at 711. Notification 72 hours prior will enable
the City to make reasonable arrangements for accessibility to this meeting. AP&P 6.04, accessible at the link below,
explains procedures for receiving and resolving requests for accommodation to participate in or conduct this meeting.
https://www.cityofventura.ca.gov/DocumentCenter/View/43474/APP-604-21225
Administrative Reports relating to this agenda are available on the City’s website –
https://www.cityofventura.ca.gov/AgendaCenter.
Resource Items for the Public:
• City Council Protocols which includes Rules of Decorum for the Public
• City Council Strategic Priorities
• City Charter
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This agenda was posted on Wednesday, September 9, 2026, at 5:00 p.m. in the City Clerk’s Office, on the City
Hall Public Notices Board and on the internet.

Michael B. MacDonald, MMC
City Clerk

Tuesday, September 15, 2026

Ventura City Council Agenda
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