On the agenda: Morgan Hill City Council Meeting — DATA CENTER (Sep 16)

City Council
Special/Regular Meeting Agenda
Mark Turner
Marilyn Librers

-

Mayor
Mayor Pro Tem

Soraida Iwanaga

-

Council Member

Yvonne Martínez Beltrán
Miriam Vega

-

Council Member
Council Member

Wednesday, September 16, 2026
Closed Session 5:30 p.m.
Regular Session 6:00 p.m.
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person. Members of the public may attend
in person or participate remotely through Zoom or by telephone. Information about how
to observe and participate in the meeting is provided below.
MEETING PARTICIPATION
Language Interpretation / Interpretación de idiomas
Live digital language interpretation is available. To access the interpretation during the
meeting, go to:
https://live.pocketalk.com/guest/S71BBUiWwiqXh3sPBf9Bfs2Ey4OYY9zgv8vZB5
or scan the QR code below:
Tenemos Interpretación digital en vivo. Para usar la interpretación durante la reunión,
visite:
https://live.pocketalk.com/guest/S71BBUiWwiqXh3sPBf9Bfs2Ey4OYY9zgv8vZB5
o escanee el código QR a continuación:

You can use a headset on your phone for audio or read the transcript on your device.
Tablets and disposable headphones will be provided in person during the meeting to
those who do not have their own devices.
Puede usar audífonos en su celular para escuchar el audio o leer la transcripción.
Durante la reunión, se prestarán tabletas y audífonos desechables para las personas
que no tengan su propio aparato.
Members of the public who need interpretation services or plan to bring an interpreter
may request assistance from the City. Assistance may include coordinating
interpretation services, arranging space for an interpreter, allowing additional time for
interpretation, or accommodating personal interpretation equipment or services. Contact
the City Clerk’s Office at (408) 779-7259 or by email at [email protected] at
least 72 hours before the meeting. Requests received with less than 72 hours’ notice
will be accommodated when reasonably possible, but assistance cannot be guaranteed.
Las personas que necesiten servicios de interpretación o que piensen traer a un
intérprete pueden pedir ayuda a la Ciudad. La ayuda puede incluir coordinar servicios
de interpretación, preparar un espacio para el intérprete, permitir más tiempo para la
interpretación o permitir el uso de equipos o servicios personales de interpretación.
Comuníquese con la Oficina de la Secretaria Municipal al (408) 779-7259 o
a [email protected] por lo menos 72 horas antes de la reunión. Las
solicitudes recibidas con menos de 72 horas de anticipación se atenderán cuando sea
posible, pero no se puede garantizar la ayuda.
Remote Participation
Members of the public may attend, observe, and participate in the meeting remotely
through Zoom or by telephone. Meetings are also livestreamed on the City’s YouTube
page. Automatic captions will be enabled in Zoom.
If a disruption of the City-provided remote access service prevents members of the
public from attending or observing the meeting remotely, the City will follow its adopted
disruption policy and the Ralph M. Brown Act. The City is not responsible for technical
difficulties caused by a participant’s equipment, internet connection, telephone service,
or other circumstances outside the City’s control.
To participate through Zoom, use the following link:
https://bit.ly/MHCityCouncilMeeting
Zoom participants should use the latest version of Zoom. Participants may be required
to update Zoom before joining the meeting.
To participate by telephone, call (669) 900-9128 and enter webinar ID 873 3200 8380#.
Dial *9 to raise your hand. When called upon, dial *6 to unmute. Speakers may have up
to three minutes.

September 16, 2026
2

PUBLIC COMMENT
Members of the public may provide oral public comment in person or remotely during
the meeting. Written comments may be submitted before the meeting. Remote
participants will receive the same speaking time as in-person participants.
Each speaker may have up to three minutes per item. If many people wish to speak
about an item, the Mayor may reduce the speaking time for each speaker to
accommodate additional speakers and maintain the orderly flow of the meeting.
Public comment will first be heard from participants attending in person who submitted
speaker cards. The City will then call on Zoom participants who have raised their hands.
After all speakers have been heard, the public comment period for that item will close.
Remote participants may comment on all agenda items for which public comment is
permitted. During regular meetings, remote participants may also comment during the
general public comment period on matters within the City Council’s jurisdiction that are
not listed on the agenda.
Written public comment may be submitted to the City Clerk:
• In person at the City Council Meeting;
• Via email to [email protected]; or
• Hand-delivered or mailed to the City Clerk at 17575 Peak Avenue, Morgan Hill,
CA 95037
Please email comments no later than 3:00 p.m. the day before the meeting, so the City
Council has time to review them. Comments may be submitted until noon on the day of
the meeting, but Council Members may not have time to review them before the
meeting. Comments received after noon on the day of the meeting will be provided to
the City Council as time allows.
Written comments will not be read aloud during the meeting. They will be provided to
the City Council, included in the meeting record, and posted on the City’s website. Do
not include personal information that you do not want published. Communications sent
to the City Council are public records and may be disclosed under the California Public
Records Act and the Ralph M. Brown Act unless exempt from disclosure under
applicable law. Written comments will generally be posted as submitted.
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, a person with a disability may
request a disability-related modification, accommodation, auxiliary aid, or service
needed to participate in the meeting. Contact the City Clerk’s Office at (408) 779-7259
or by email at [email protected] as early as possible, preferably at least two
full business days before the meeting. Requests received with less notice will be
accommodated when reasonably possible, but assistance cannot be guaranteed.

September 16, 2026
3

SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:30 p.m. for the purpose of
conducting a closed session.
SPECIAL MEETING
5:30 p.m. Closed Session
CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
CLOSED SESSION
Conference with Real Property Negotiators [Government Code § 54956.8]
Property: APN 817-06-002
Negotiating Parties: Bay Area Sports Financing; Christina Turner, City Manager; and
Chris Ghione, Assistant City Manager/Public Services Director
Under Negotiation: Price and Terms of Payment
OPPORTUNITY FOR PUBLIC COMMENT ON CLOSED SESSION
ADJOURN TO CLOSED SESSION
REGULAR MEETING
6:00 p.m.
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT OUT
PROCLAMATIONS
Childhood Cancer Awareness Month
National Preparedness Month

September 16, 2026
4

CITY COUNCIL REPORTS
Council Member Martinez Beltran
OTHER REPORTS
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
This opportunity for public comment is for items that are not on the agenda. If you
would like to make comments on an item that is on the agenda, please wait until we
get to that item to offer your comments. Members of the public are entitled to address
the City Council concerning any item within the Morgan Hill City Council’s subject
matter jurisdiction. Public comments are limited to no more than three minutes. Except
for certain specific exceptions, the City Council is prohibited from discussing or taking
action on any item not appearing on the posted agenda. Public comment is intended
for comments. Questions posed during public comment are not generally answered. If
you have questions, please send them to the City Clerk at
[email protected] to receive a response. (See additional noticing at
the end of this agenda)
ADOPTION OF AGENDA
CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be
approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01),
any member of the Council or public may request to have an item removed from the
Consent Calendar for comment and action.
1.

ACCEPT ANNUAL EVALUATION REPORT FOR THE SANTA CLARA
COUNTY MULTl-JURISDICTIONAL PROGRAM FOR PUBLIC INFORMATION
(PPI) FOR FY 2025-26 (YEAR 5) RELATING TO THE FEDERAL
EMERGENCY MANAGEMENT AGENCY'S NATIONAL FLOOD INSURANCE
PROGRAM'S COMMUNITY RATING SYSTEM PROGRAM
Recommendation:
Accept the Annual Evaluation Report for FY 2025-26 (Year 5) for the 2021
Santa Clara County Multi-Jurisdictional Program for Public Information (PPI).

2.

ACCEPT THE 2025 ENCINO TANK REHAB PROJECT
Recommendation:
1. Accept as complete the 2025 Encino Tank Rehab Project;

September 16, 2026
5

2. Authorize the City Engineer to sign the Notice of Completion; and
3. Direct the City Clerk to file said Notice of Completion with the County
Recorder's Office.
3.

ACCEPT THE CITYWIDE MULTI-SITE SOLAR SYSTEM PROJECT
Recommendation:
1. Accept as complete the 2025 Citywide Multi-Site Solar System Project;
2. Authorize the Public Services Director to sign the Notice of Completion;
and
3. Direct the City Clerk to file said Notice of Completion with the County
Recorder's Office.

4.

APPROVE CHANGE ORDER FOR BUTTERFIELD FIRE STATION PROJECT
IN THE AMOUNT OF $25,825
Recommendation:
Approve and authorize the City Manager to execute a Change Order with Larry
S. Kent, Inc. DBA Kent Construction in the amount of $25,825 for coordination,
submittals, meetings, third-party electrical testing, validation, and securing the
facility's commercial Permission to Operate (PTO) with Pacific Gas and Electric
Company (PG&E) for the Butterfield Fire Station Project.

5.

APPROVE THE AUGUST 19, 2026 AND AUGUST 26, 2026 CITY COUNCIL
MEETING MINUTES
Recommendation:
Approve the August 19, 2026 and August 26, 2026 City Council Meeting
Minutes.

6.

APPROVE THIRD AMENDMENT TO THE SERVICE AGREEMENT WITH
CARBONIC SERVICE, INC. FOR CARBON DIOXIDE (CO2) SERVICES IN A
TOTAL AMOUNT NOT TO EXCEED $100,000
Recommendation:
1. Approve the Third Amendment to the Service Agreement with Carbonic
Service, Inc. for an additional year of carbon dioxide (CO2) services for
$25,000, for a total agreement amount of $100,000; and
2. Authorize the City Manager to execute and administer the Service
Agreement.

7.

APPROVE PACIFIC GAS AND ELECTRIC COMPANY (PG&E) AGREEMENT
FOR UNDERGROUNDING DRY UTILITIES FOR THE UPPER LLAGAS

September 16, 2026
6

CREEK FLOOD CONTROL PHASE 2B PROJECT BETWEEN WRIGHT AND
MAIN AVENUES IN AN AMOUNT OF $388,390.48
Recommendation:
Approve and authorize the City Manager to execute and administer a Pacific
Gas and Electric Company Agreement to underground dry utilities on Hale
Avenue between Main Avenue and Wright Avenue for $388,390.48.
8.

AUTHORIZE CITY MANAGER TO EXECUTE FIRST AMENDMENT TO
PROPERTY USE AGREEMENT WITH NEW CINGULAR WIRELESS PCS
FOR CELL SITE AT 2275 ROLLING HILL DRIVE
Recommendation:
Authorize the City Manager to execute the First Amendment to New Cingular
Wireless PCS's Property Use Agreement.

9.

RATIFY CITY POSITION ON PENDING LEGISLATION
Recommendation:
Ratify the City’s position supporting pending legislation Assembly Bill 1821
(Pacheco) California Public Records Act: agency response time.

10.

RECEIVE MONTHLY BUDGET UPDATE AND AUGUST 2026 FINANCIAL
AND INVESTMENT REPORTS
Recommendation:
Receive and file reports.

OTHER BUSINESS
11.

CONSIDERATION OF A FORMAL CENSURE OF COUNCIL MEMBER
YVONNE MARTINEZ BELTRAN
Recommendation:
1. Receive Presentation of Censure Resolution from Outside Special
Counsel (7 minutes);
2. Receive Response from Council Member Martinez Beltran (7 minutes);
3. Receive Rebuttal Comments from Outside Special Counsel (2 minutes);
4. Receive Public Comment;
5. Receive Council Comments; and
6. Consider adoption of Resolution entitled "A Resolution of the City Council
of the City of Morgan Hill, California, Approving Censure of Council
Member Yvonne Martinez Beltran."

PUBLIC HEARINGS

September 16, 2026
7

12.

CONSIDERATION OF ADOPTION OF AN INTERIM ORDINANCE
INSTITUTING A TEMPORARY 45-DAY MORATORIUM TO PROHIBIT
PROCESSING AND APPROVAL OF NEW LAND USE APPLICATIONS FOR
FREE STANDING DATA CENTERS AND GRID-SCALE BATTERY ENERGY
STORAGE SYSTEMS (BESS) WITHIN CITY LIMITS
Recommendation:
1. Determine the adoption of this Interim Ordinance is exempt from
California Environmental Quality Act (“CEQA”) pursuant to CEQA
Guidelines Section 15061(b)(3);
2. Introduce by title only, adopt, and waive further reading of Interim
Ordinance, imposing a 45-day moratorium prohibiting processing and
approval of new land use applications for Free Standing Data Center or
Grid-Scale Battery Storage Systems;
3. Direct staff to develop policy and regulations relating to free standing data
center and grid-scale battery energy storage systems; and
4. Direct the Planning Commission to review draft policies and regulations
and make recommendations to City Council in accordance with the
Morgan Hill Municipal Code.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no
discussion, debate and/or action taken on any request other than providing direction to
staff to place the matter of business on a future agenda.
ADJOURNMENT

September 16, 2026
8

NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours
prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall
located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660
West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government
Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item described in
the notice of this meeting during consideration of that item. If you wish to address the Council on any item
on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and
deliver it to the Minutes Clerk before the City Council discussion on the item. You are not required to give
your name on the speaker card to speak to the Council, but it is very helpful. When you are called, proceed
to the podium, and the Mayor will recognize you. If you wish to address the City Council on any other item
of interest to the public, you may do so during the public comment portion of the meeting following the same
procedure described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City
Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City
Council who may request an item on the agenda for a future City Council meeting. Council discussion or
action may not be taken until your item appears on an agenda. This procedure is in compliance with the
California Public Meeting Law (Brown Act) Government Code §54950.
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.
Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda
items in court, may be limited to raising only those issues raised by you or on your behalf at the Public
Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to
the Public Hearing on these matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon
any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code
of Civil Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408)
779-7259, (408) 779-3117 (fax) or by email [email protected].

September 16, 2026
9

September 16, 2026
10