Successor Agency

City of Morgan Hill Meeting Minutes Successor Agency 7:00 PM Council Chambers 17555 Peak Avenue Morgan Hill, CA 95037 Wednesday, November 18, 2015 CALL TO ORDER Chair Tate called the Special Successor Agency meeting to order at 7:02 p.m. ROLL CALL ATTENDANCE Marilyn Librers, Larry Carr, Gordon Siebert, Rich Constantine, and Steve TatePresent 5 - Absent 0 DECLARATION OF POSTING OF AGENDA Deputy City Clerk Wilson declared the posting of the agenda. PLEDGE OF ALLEGIANCE PUBLIC COMMENT ADOPTION OF AGENDA Action: On a motion by Council Member Siebert and seconded by Council Member Librers adopting the agenda. The motion passed by the following vote: Ayes: Librers, Carr, Siebert, Constantine, and Tate5 - Noes: 0 Absent: 0 Page 1City of Morgan Hill Printed on 4/7/2016

November 18, 2015Successor Agency Meeting Minutes OTHER BUSINESS: 1 15-816 SECOND AMENDMENT TO REIMBURSEMENT LOAN AGREEMENT AND THIRD AMENDMENT TO PURCHASE, SALE AND POST-CLOSING OBLIGATIONS AGREEMENT BETWEEN ACC CONCRETE COMPANY (FORMERLY KNOWN AS ASSOCIATED CONCRETE COMPANY), A CALIFORNIA CORPORATION (BORROWER) AND THE SUCCESSOR AGENCY TO THE FORMER MORGAN HILL REDEVELOPMENT AGENCY (LENDER) PROVIDING A ONE-YEAR EXTENSION TO THE TERM OF PERFORMANCE Assistant City Manager Little presented the report. Action: On a motion by Agency Member Siebert and seconded by Agency Member Constantine, extending the meeting until 12:14 a.m. The motion passed by the following vote: Ayes: Librers, Carr, Siebert, Constantine, and Tate5 - Noes: 0 Absent: 0 Action: On a motion by Agency Member Carr and seconded by Agency Member Siebert, adopting resolution approving, subject to subsequent Oversight Board approval, the Second Amendment to the Reimbursement Loan Agreement and the Third Amendment to Purchase, Sale and Post-Closing Obligations Agreement with ACC Concrete Company, a California Corporation, directing the City Manager to forward the actions of the Successor Agency to the Oversight Board to the Former Morgan Hill Redevelopment Agency and the State Department of Finance for review and concurrence, as appropriate and directing the City Manager to take all other actions necessary to execute, implement and process said documents adding the findings that extending the term of the loan which would allow the applicant to construct a state of the art facility which would generate additional revenue for all taxing entities and reduces liability arising out of allegations that the applicant claims it was misled; the applicant has acted in good faith in an effort to comply with the agreement and the delay is not at the fault of the applicant, rather a third party, PG&E who has failed to provide timely installation of upgraded service to the site. The motion passed by the following vote: Ayes: Librers, Carr, Siebert, Constantine, and Tate5 - Noes: 0 Absent: 0 FUTURE COMMISSION AGENDA ITEMS: none ADJOURNMENT There being no further business Chair Tate adjourned the meeting at 12:14 a.m. Page 2City of Morgan Hill Printed on 4/7/2016

November 18, 2015Successor Agency Meeting Minutes NOTICE All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act that are distributed to a majority of the legislative body less than 72 hours prior to an open session, will be made available for public inspection at the Office of the City Clerk at Morgan Hill City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 at the same time that the public records are distributed or made available to the legislative body. (Pursuant to Government Code 54957.5) PUBLIC COMMENT Members of the Public are entitled to directly address the Commission concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Commission on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Commission Chambers, and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Commission, 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 Commission on any other item of interest to the public, you may do so by 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 Commission. Persons interested in proposing an item for the Commission agenda should contact a member of the Commission who may plan an item on the agenda for a future Commission. Should your comments require Commission action, your request may be placed on the next appropriate agenda. Commission 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 Commission at, or prior to the Public Hearing on these matters. The time within which judicial review must be sought of the action by the Commission, 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 Commission Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov. AMERICANS WITH DISABILITIES ACT (ADA) In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov. Requests must be made as early as possible and at least two-full business days before the start fo the meeting. Page 3City of Morgan Hill Printed on 4/7/2016

Successor Agency Special Meeting Agenda Steve Tate ~ Chair Larry Carr ~ Vice Chair Gordon Siebert ~ Agency Member Marilyn Librers ~ Agency Member Rich Constantine ~ Agency Member Council Chambers 17555 Peak Avenue Morgan Hill, CA 95037 Wednesday, November 18, 2015 7:00 PM CALL TO ORDER ROLL CALL ATTENDANCE DECLARATION OF POSTING OF AGENDA Per Government Code 54954.2 PLEDGE OF ALLEGIANCE PUBLIC COMMENT Members of the public are entitled to address the Commission concerning any item within the Commission’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the Commission is prohibited from discussing or taking action on any item not appearing on the posted agenda. (See additional noticing at the end of this agenda) ADOPTION OF AGENDA Page 1City of Morgan Hill Printed on 11/17/2015

November 18, 2015Successor Agency Special Meeting Agenda OTHER BUSINESS: SECOND AMENDMENT TO REIMBURSEMENT LOAN AGREEMENT AND THIRD AMENDMENT TO PURCHASE, SALE AND POST-CLOSING OBLIGATIONS AGREEMENT BETWEEN ACC CONCRETE COMPANY (FORMERLY KNOWN AS ASSOCIATED CONCRETE COMPANY), A CALIFORNIA CORPORATION (BORROWER) AND THE SUCCESSOR AGENCY TO THE FORMER MORGAN HILL REDEVELOPMENT AGENCY (LENDER) PROVIDING A ONE-YEAR EXTENSION TO THE TERM OF PERFORMANCE 15-8161 Item # Report # Recommendation: Adopt resolution: 1. Approving, subject to subsequent Oversight Board approval, the Second Amendment to the Reimbursement Loan Agreement and the Third Amendment to Purchase, Sale and Post-Closing Obligations Agreement with ACC Concrete Company, a California Corporation; 2. Directing the City Manager to forward the actions of the Successor Agency to the Oversight Board to the Former Morgan Hill Redevelopment Agency and the State Department of Finance for review and concurrence, as appropriate; and 3. Directing the City Manager to take all other actions necessary to execute, implement and process said documents. ALTERNATIVE ACTION: 1. Adopt resolution, authorizing the City Manager to negotiate, execute, process and administer an agreement to accept $20,000 to terminate this loan obligation and operating covenants. Estimated Time: 10 Minutes FUTURE COMMISSION AGENDA ITEMS: ADJOURNMENT Page 2City of Morgan Hill Printed on 11/17/2015

November 18, 2015Successor Agency Special Meeting Agenda NOTICE All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act that are distributed to a majority of the legislative body less than 72 hours prior to an open session, will be made available for public inspection at the Office of the City Clerk at Morgan Hill City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 at the same time that the public records are distributed or made available to the legislative body. (Pursuant to Government Code 54957.5) PUBLIC COMMENT Members of the Public are entitled to directly address the Commission concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Commission on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Commission Chambers, and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Commission, 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 Commission on any other item of interest to the public, you may do so by 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 Commission. Persons interested in proposing an item for the Commission agenda should contact a member of the Commission who may plan an item on the agenda for a future Commission. Should your comments require Commission action, your request may be placed on the next appropriate agenda. Commission 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 Commission at, or prior to the Public Hearing on these matters. The time within which judicial review must be sought of the action by the Commission, 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 Commission Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov. AMERICANS WITH DISABILITIES ACT (ADA) In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov. Requests must be made as early as possible and at least two-full business days before the start fo the meeting. Page 3City of Morgan Hill Printed on 11/17/2015