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From:Americans For Non-Profit Transparency
To:Public Comments; Mayor Greg Bozzo; Council Member Dion Bracco; Council Member Tom Cline; Council Member
Terence Fugazzi; Council Member Zachary Hilton; Council Member Carol Marques; Council Member Kelly Ramirez
Cc:Andy Faber; Kim Mancera
Subject:EXTERNAL - Written Public Comment — Item 10.3 — Urgency Interim Ordinance Imposing a Temporary
Moratorium on Data Center Applications
Date:Monday, September 14, 2026 8:38:41 AM
AMERICANS FOR TRANSPARENCY
Georgine Scott-Codiga, Founder | AFNPT@proton.me
First Amendment Press Protections Apply
September 14, 2026
Mayor Greg Bozzo and Members of the Gilroy City Council
Dion Bracco | Tom Cline | Terence Fugazzi | Zach Hilton | Carol Marques | Kelly Ramirez
7351 Rosanna Street, Gilroy, CA 95020
CC: Andy Faber, City Attorney — andy.faber@berliner.com
Submitted via: publiccomment@cityofgilroy.org
Re: Written Public Comment — Item 10.3 — Urgency Interim Ordinance Imposing a Temporary
Moratorium on Data Center Applications
Dear Mayor Bozzo and Members of the City Council:
Americans for Transparency (AFT) submits this written public comment on Item 10.3 — the
proposed Urgency Interim Ordinance imposing a 45-day moratorium on data center applications
citywide. AFT supports the concept of a moratorium. However, the public record raises serious
questions about the timing, the basis, and the completeness of tonight’s action that the Council and
public are entitled to have answered before a vote is taken.
I. The City Attorney Said There Was No Urgency — Three Times AFT Asked, Three Times the City
Refused. What Changed?
AFT has formally requested that this Council adopt an interim urgency ordinance under Government
Code Section 65858 — the identical mechanism proposed tonight — on three separate occasions:
• June 5, 2026 — Formal Citywide Zoning Proposal submitted to the full City Council,
including a draft urgency moratorium and model ordinance language;
• June 13, 2026 — Written request to the full City Council for introduction and adoption of
an interim urgency ordinance at the June 15, 2026 meeting, with a draft ordinance attached
for the City Attorney’s consideration;
• July 7, 2026 — Renewed request for an urgency moratorium submitted to the City
Council.
Each of these requests is part of the public record. At the June 15, 2026 meeting, City Attorney
Andrew Faber stated from the dais: "I don’t think there is any urgency right now." The Council took
no action on an urgency ordinance on June 15, or on any of the three dates AFT formally requested
one.
Tonight’s agenda was amended on the Friday before this meeting to add Item 10.3. No staff report
was included in the agenda packet as originally posted. The staff report was added at an undisclosed
time before tonight’s meeting without public notice of the addition. The Council is being asked to
make findings that adoption of this ordinance is necessary for the “immediate preservation of the
public health, safety, and welfare” — without any public explanation of what new facts support
those findings that did not exist on June 5, June 13, or July 7, when AFT formally requested this exact
action.
AFT is not aware of any publicly stated reason for this reversal. The public is entitled to one. Why
now — and not on June 5, June 13, or July 7?
II. The Council and the Public Were Not Told a Pre-Application Had Already Been Received
On June 24, 2026 — nine days after the June 15 meeting — Community Development Director
Sharon Goei responded in writing to AFT’s request for confirmation of application activity on APN
841-18-082. Director Goei’s written response states:
"For your information, a Development Review Group pre-application was received for
APN 841-18-082. This is not an entitlement application."
That pre-application was received by the City weeks before the June 15, 2026 meeting. Neither the
Council nor the public was informed of it at that meeting. When asked about new applications at the
June 15 meeting, the Planning Manager clarified that there were no "formal" entitlement
applications — a technically narrow answer that created the deliberate impression that no
application activity existed on this parcel. That impression was false. A pre-application had been
received. The Council voted on Item 9.4 and the City Attorney declared no urgency existed —
without disclosing to either the Council or the public that a pre-application for a new data center
facility was already in the City’s possession.
Tonight’s ordinance proposes a moratorium on "new" applications. AFT demands that the City
disclose, on the record tonight, exactly how many data center applications — whether pre-
applications, Development Review Group submissions, or formal entitlement applications — the City
has received to date, and confirm directly whether the existing pre-application on APN 841-18-082 is
subject to, exempt from, or grandfathered under this moratorium.
III. What AFT Believes Is Actually Driving Tonight’s Action
On August 25, 2026, AFT served a formal demand letter on the City Council and City Attorney
pursuant to Government Code Section 66499.36, demanding that the City initiate Notice of Violation
proceedings against Amazon Data Services, Inc. based on a documented title defect in the Amazon
Data Center parcel (APN 841-69-044). On August 26, 2026, AFT transmitted formal notice of that
title defect to the Board of Directors of the Santa Clara Valley Water District.
The public record of this investigation has generated significant independent press coverage that the
Council should acknowledge:
• San Jose Spotlight, “Amazon data center project in Gilroy upsets locals” (September 9,
2026);
• Gilroy Dispatch, “City of Gilroy refutes accusation of Map Act violation at data center site”
(September 10, 2026); and
• San Jose Inside, “Gilroy Refutes Charges that Parcels at Amazon Data Center Site Were
Illegally Drawn” (September 11, 2026).
The volume of independent press coverage — three outlets in three days — demonstrates that this
matter warrants a formal, in-depth investigation or independent audit, not a one-page letter from a
surveyor retained and paid for by the City.
Tonight’s agenda includes a closed session on “anticipated litigation — one case” under Government
Code Section 54956.9(d)(2). Tonight’s amended agenda was posted the Friday before this meeting
— after AFT’s demands had been served, after Valley Water had been formally noticed, and after
this matter had received sustained independent press attention. AFT believes the timing of tonight’s
urgency ordinance — adopted the same evening the City enters closed session on anticipated
litigation — reflects an effort to demonstrate responsive action in the face of legal and public
pressure, rather than a response to any newly arisen threat to public health, safety, or welfare. The
Council is asked to make urgency findings tonight. Those findings deserve an honest public record.
IV. The City’s Own Staff Report — Added After the Agenda Was Posted — Confirms What Was
Concealed on June 15
The staff report for Item 10.3 was not included in the agenda packet posted on Friday, September
11, 2026. It was added at an undisclosed time before tonight’s meeting — without public notice of
the addition and without explanation of when or why it was withheld from the original posting. This
conduct raises serious questions under Government Code Section 54954.2(a), which requires that
agenda materials be made available to the public at the time the agenda is posted. The failure to
include the staff report in the original posting is a potential Brown Act violation that AFT formally
places on the record tonight.
The substance of the belatedly posted staff report is equally troubling. The City’s own staff report
now confirms, in writing, what was never disclosed to the Council or the public on June 15, 2026.
Three facts stand out:
First — The Pre-Application Is Confirmed.
The staff report states: “The City has since received a pre-application from AWS for a second Data
Center facility (the ‘Proposed AWS Project’), anticipated to be located at or near the intersection of
Highway 152 and Camino Arroyo.” This pre-application was in the City’s possession on June 15.
Neither the Council nor the public was told.
Second — The Pre-Application Is the Urgency Justification.
The staff report states that immediate action is necessary because “absent a moratorium, the City
could be required to accept, process, and approve an application for a future Proposed AWS
Project.” The City is now saying in writing that the urgency for tonight’s ordinance is the very pre-
application it concealed from the Council and the public on June 15 — the same evening City
Attorney Faber told this Council there was no urgency. That statement was false. The City’s own staff
report proves it.
Third — The Moratorium Exempts the Project Whose Legal Validity Is in Dispute.
The staff report confirms that the moratorium “does not impact the AWS Facility currently under
construction, which is approved in its entirety under AS 20-23.” AFT’s documented title defect in
that approval — the subject of AFT’s August 25, 2026 demand under Government Code Section
66499.36 and tonight’s closed session on anticipated litigation — is therefore entirely unaddressed
by tonight’s ordinance. The moratorium does not cure the underlying legal problem. It papers over
it.
The combination of a belatedly posted staff report, a concealed pre-application, a contradicted
urgency finding, and a moratorium scoped to exempt the very project whose legal validity is in
dispute constitutes a pattern of conduct that this Council must address directly and on the record
tonight.
V. The Question the City Has Not Answered
On September 11, 2026, the City posted a communication on its website and public platforms
stating that a licensed land surveyor had reviewed Certificate of Compliance No. 2020-05 — the Lot
Line Adjustment instrument through which the Amazon data center parcel (APN 841-69-044) was
created — and found no violation of the Subdivision Map Act. The City characterized this review as
“independent.” It was not. The review was paid for and directed by the City of Gilroy — the same
party whose City Engineer signed the instrument now in question, and the same party that has direct
legal exposure if the instrument is found to be defective. A review commissioned and paid for by the
party under scrutiny is not an independent review.
The City’s surveyor concluded that the recorded documents were properly prepared. That is not the
question anyone asked.
The question is this: City Engineer Gary Heap’s Certificate of Compliance No. 2020-05 (Doc
#24532203, Santa Clara County Recorder) certifies that “no new parcels” were created by the
instrument. The surveyor’s own Exhibit A, incorporated into that same recorded instrument, labels
all three output lots “LOT A/B/C (New).” Amazon’s own Grant Deed (Doc #24575862), recorded 35
days later, uses the word “CREATED” in its legal description: “BEING LOT C AS CREATED IN THAT
CERTAIN DOCUMENT ENTITLED ‘CITY OF GILROY CERTIFICATE OF COMPLIANCE NO. 2020-05 (LOT
LINE ADJUSTMENT).’” To create means to bring into existence something that did not previously
exist. That is what the City’s own recorded instruments say happened.
California’s Subdivision Map Act — Government Code Section 66412(d) — provides that a Lot Line
Adjustment shall not be used to create new parcels. The City’s surveyor — paid by the City —
confirmed the documents are properly prepared but did not answer the question of whether it is
legal to create a new parcel through a Lot Line Adjustment. Until the City answers that question —
directly and on the record — the recorded instruments stand as documented evidence of a violation
of California’s Subdivision Map Act.
VI. Reservation of Rights
Americans for Transparency reserves all rights under Government Code Sections 54960, 54960.1,
66499.36, and all applicable provisions of the California Environmental Quality Act. Nothing in this
comment constitutes a waiver of any such rights.
Respectfully submitted,
Georgine Scott-Codiga
Founder, Americans for Transparency
AFNPT@proton.me
All facts stated herein are sourced to primary public documents and confirmed written City records. First Amendment press
protections apply. This comment is submitted as a public record and may be published.
GSC for AFT
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