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Agenda

Morgan Hill City Council
October 21, 2026

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Agenda
Meeting
October 21, 2026
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Morgan Hill City Council
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Text extracted from the city's file for reading and search. Open the original on morganhillca.api.civicclerk.com. That file is the official record.

City Council
Regular Meeting Agenda
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Soraida Iwanaga - Council Member
Yvonne Martínez Beltrán - Council Member
Miriam Vega - Council Member
Wednesday, October 21, 2026
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/Y9rL5Am58UxqIy7vmeQRDyhvI4XFanUF2KRPVHdUz9NKcoJ kdoiAQr
or scan the QR code below:

Tenemos Interpretación digital en vivo. Para usar la interpretación durante la reunión, visite:
https://live.pocketalk.com/guest/Y9rL5Am58UxqIy7vmeQRDyhvI4XFanUF2KRPVHdUz9NKcoJ kdoiAQr
o escanee el código QR a continuación:

October 21, 2026
2 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
October 21, 2026
3 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.

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 October 21, 2026
4 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.

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

RECOGNITIONS
Charles Garcia, Teacher - Morgan Hill Unified School District

PROCLAMATIONS
Brain Health & Dementia Prevention

PRESENTATIONS
Assembly Member Pellerin Recognition of Morgan Hill’s 120th Anniversary

CITY COUNCIL REPORTS
Council Member Vega

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 October 21, 2026
5 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 GRANT FUNDING FROM THE VALLEY TRANSPORTATION

AUTHORITY (VTA) FOR THE CONSTRUCTION OF FLEET CHARGERS AT

THE CORPORATION YARD
Recommendation:

1. Authorize the City Manager to execute and administer a grant agreement with the Valley Transportation Authority (VTA) for the receipt of $215,000 in grant funds; and

2. Adopt a resolution amending the City's Fiscal Year 2026-27 Capital Improvement Program Budget to appropriate $245,000 in the Public Facilities Impact Fund (347); $127,500 in the Wastewater Capital Project Fund (643); and $127,500 in the Water Capital Project Fund (653) for the construction of fleet chargers at the Corporation Yard.

2. APPROVE GENERATOR MAINTENANCE SERVICES AGREEMENT
Recommendation:

1. Approve a three-year agreement with Odyssey Power Corporation in the not to exceed amount of $430,935 for annual and preventive maintenance, repair, emergency repair, and rentals for the City’s 30 standby generators; and

2. Authorize the City Manager to execute and administer said agreement.

3. APPROVE ON-CALL FENCING CONTRACTOR MAINTENANCE SERVICE

AGREEMENTS
Recommendation:

October 21, 2026
6 1. Award maintenance service agreements to Silicon Valley Paving, Inc. and Tucker Construction, Inc. in the not to exceed amount of $220,000 each to provide on-call fencing maintenance and repair services; and

2. Authorize the City Manager to execute and administer said agreements.

4. APPROVE THE PURCHASE OF AN EASEMENT FROM THE COUNTY OF

SANTA CLARA FOR THE PG&E UNDERGROUNDING WORK ON HALE
AVENUE
Recommendation:

1. Adopt resolution approving the purchase of a public service easement (2,110 square feet), APN 764-19-028 for $2,100 from the County of Santa Clara for the Upper Llagas Creek Flood Protection Project; and

2. Authorize the City Manager to execute all documents and make minor modifications as necessary in order to consummate the transaction.

5. APPROVE THE SEPTEMBER 16, 2026 CITY COUNCIL MEETING MINUTES Recommendation:

Approve the September 16, 2026 City Council Meeting Minutes.

6. APPROVE THE TRANSFER OF TWO MONITORING WELLS TO SANTA

CLARA VALLEY WATER DISTRICT
Recommendation:

Authorize the City Manager to execute a Transfer of Ownership Agreement of the two monitoring wells with State Permit Numbers 09503E09R004 and 09503E09R005 to the Santa Clara Valley Water District.

OTHER BUSINESS

7. ACCEPT MORGAN HILL TOURISM BUSINESS IMPROVEMENT DISTRICT (MHTBID) OWNERS' ASSOCIATION ANNUAL REPORT (VISIT MORGAN HILL)
Recommendation:

Accept and File the Visit Morgan Hill Annual Report.

8. APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN CITY OF

MORGAN HILL AND COUNTY OF SANTA CLARA REGARDING

ANNEXATIONS AND REGIONAL HOUSING NEEDS ALLOCATIONS FOR
2023-2031 HOUSING ELEMENT PLANNING PERIOD
Recommendation:

October 21, 2026
7 1. Approve entering into Memorandum of Agreement Between the City of Morgan Hill and the County of Santa Clara Regarding Annexations and Regional Housing Needs Allocations for 2023-2031 Housing Element Planning Period (“MOA”);

2. Authorize the City Manager to execute the MOA; and

3. Authorize the City Manager to execute an Agreement, in substantially the same form as Exhibit A to the MOA, for each parcel that is annexed to the City and that includes contemplated housing development.

PUBLIC HEARINGS

9. CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT FINDINGS OF

FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND

APPROVE VESTING TENTATIVE SUBDIVISION MAP AND DESIGN REVIEW PERMIT TO SUBDIVIDE AND CONSTRUCT 105 RESIDENTIAL LOTS WITH

ASSOCIATED INTERIOR STREETS, COMMON OPEN SPACE AREAS, AND

OFF-SITE IMPROVEMENTS
Recommendation:

1. Open/close public hearing;

2. Adopt a Resolution certifying the Environmental Impact Report (EIR), approve the Mitigation Monitoring and Reporting Program prepared for the project, and adopt Findings of Fact and Statement of Overriding Considerations;

3. Adopt a Resolution approving a Vesting Tentative Subdivision Map to subdivide a 15.8-acre site into 114 lots with 105 of them for residential use; and

4. Adopt a Resolution approving a Design Review Permit to allow for the construction of 105 single-family detached units with associated interior streets and common open spaces.

10. ADOPTION OF AN INTERIM ORDINANCE EXTENDING A 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 FOR 22 MONTHS AND 15 DAYS
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); and

2. Introduce by title only, adopt, and waive further reading of Interim Ordinance, extending the existing 45-day moratorium prohibiting October 21, 2026
8 processing and approval of new land use applications for Free Standing Data Centers and Grid-Scale Battery Energy Storage Systems for a period of 22 months and 15 days.

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

October 21, 2026
9 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].

October 21, 2026
10

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