City Council

City of Morgan Hill Meeting Minutes City Council Steve Tate ~ Mayor Larry Carr ~ Mayor Pro Tem Caitlin Robinett Jachimowicz ~ Council Member Rene Spring ~ Council Member Rich Constantine ~ Council Member 5:30 PM Council Chamber 17555 Peak Avenue Morgan Hill, CA 95037 Wednesday, September 21, 2016 SPECIAL/REGULAR MEETING A Special Meeting of the City Council was called at 5:30 p.m. for the purpose of conducting a workshop. SPECIAL MEETING The meeting was called to order at 5:37 p.m. 5:30 P.M. 16-652 LOCAL AND REGIONAL TRANSPORTATION WORKSHOP The public comment was opened at 6:10 p.m. Several members of the public were called to speak. Hearing no further requests to speak, the public comment was closed. Economic Development Manager Edith Ramirez presented the report along with Ben Tripousis and Gary Kennerley with High Speed Rail. The workshop was adjourned at 6:53 p.m. Page 1City of Morgan Hill Printed on 2/7/2017

September 21, 2016City Council Meeting Minutes REGULAR MEETING 7:00 P.M. CALL TO ORDER The regular meeting was called to order at 7:02 p.m. ROLL CALL ATTENDANCE Mayor Pro Tem Carr, Council Member Constantine, Council Member Librers, Council Member Siebert, Mayor Tate Present: 5 - Absent: 0 DECLARATION OF POSTING OF AGENDA Deputy City Clerk Michelle Wilson declared the posting of the agenda. SILENT INVOCATION PLEDGE OF ALLEGIANCE Page 2City of Morgan Hill Printed on 2/7/2017

September 21, 2016City Council Meeting Minutes CITY COUNCIL REPORTS Council Member Carr encouraged everyone to be aware of their surroundings when driving, especially since school has started and there are more young drivers and buses on the roads. He shared that he and Mayor Pro Tem Constantine attended a function at Live Oak High School to celebrate the fact that all of the schools in Morgan Hill Unified and the Police Department in Morgan Hill now have AEDs, Automatic Emergency Defibrillators, which will save lives. At the assembly, kids were trained on how to use the AEDs and the Police now have them in every one of their vehicles. Quite frequently in emergency situations, the Police are the first people to respond and now we have an even greater opportunity to save lives in Morgan Hill. The ability to obtain all of the AEDs came from a grant from a non-profit group and the County of Santa Clara. He thanked Supervisor Wasserman for helping us to obtain the AEDs. He shared that earlier tonight we had a workshop on transportation and he wanted to continue on that theme. As a part of his role as Chair of the Policy Advisory Committee for the Valley Transportation Authority, they have discussed express lanes throughout Santa Clara County. Most of the neighboring counties, particularly to the north and the east of Morgan Hill where express lanes currently exist, have turned their express lanes into 24 hour express lanes. Santa Clara County is talking about what those implications may and will be when that happens. That will be something that we all watch as we look at what happens along 101. It is one of the corridors that is slated to have express lanes from one end of the county to the other. He also recently, as that same representative of VTA, met with a group of seniors from Morgan Hill and Gilroy brought together by our Senior coordinator here in Morgan Hill, to discuss the transportation needs of seniors within the community. There is some concern that as VTA goes through the process of hiring a new vendor to provide paratransit and senior services, that the ability for those seniors to utilize the transportation will be impacted. We need to make sure that any new contract does not reduce the ability for seniors in Morgan Hill or Gilroy to utilize the transportation services. CITY MANAGER'S REPORT City Manager Steve Rymer recognized Rebecca Garcia our Housing Manager, Sydney Oam our Finance and Policy Analyst, and Scott Martin who is one of our Police Corporals for living our core value of professional development. They recently graduated from 2016 Leadership Morgan Hill class. The class raised $72,000 for the Bonfonte Johnson Education Center. He announced that the 27th Annual Taste of Morgan Hill will take place this weekend downtown. He thanked the Chamber of Commerce and the volunteers for making this happen year after year. He shared that next week on September 27th we will have a community meeting for High Speed Rail in the Council Chamber starting at 5:30 p.m. City Manager Steve Rymer announced that the Centennial Recreation Center's 10 year anniversary will be on October 15th starting at 11:00 a.m. at the Centennial Recreation Center. He encouraged the community to join in the festivities. Page 3City of Morgan Hill Printed on 2/7/2017

September 21, 2016City Council Meeting Minutes CITY ATTORNEY’S REPORT City Attorney Donald Larkin had no reports. OTHER REPORTS Council Member Constantine reminded the community to please not paint any group of people with a broad brush, in every vocation there are people that make mistakes and do things that are not right, but to please not paint the men and women that wear the uniform in Morgan Hill with that brush. In Morgan Hill, our officers have been wearing body cameras for over five years. If you have questions, please feel free to ask your local police. They are here not only to enforce the law, but to also serve and protect. Mayor Tate shared that the City Council received a letter from the Youth Action Council (YAC) asking what they could do to get involved and help the City Council and Community. He proposed that the Council hold a joint meeting with the Youth Action Council to develop ideas for the YAC to get more involved. PROCLAMATIONS Honoring Jacob’s Heart Children’s Cancer Support Services and Proclaiming the month of September as Childhood Cancer Awareness Month Proclaiming the month of September as Ovarian Cancer Awareness Month Proclaiming the week of October 9-15, 2016 as Fire Prevention Week PRESENTATION 16-651 YAC PRESENTATION- ASSET #6 PARENT INVOLVEMENT IN SCHOOLING PUBLIC COMMENT The public comment was opened at 7:22 p.m. Hearing no requests to speak, the public comment was closed. ADOPTION OF AGENDA Action: On a motion by Council Member Carr and seconded by Council Member Siebert, adopting the agenda as posted. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 Page 4City of Morgan Hill Printed on 2/7/2017

September 21, 2016City Council Meeting Minutes CONSENT CALENDAR: Approval of the Consent Calendar Action: On a motion by Council Member Siebert and seconded by Council Member Carr, approving consent calendar items 1 through 8 with Council Member Librers recusing herself from item 7. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 1 16-629 AWARD DUNNE HILL FIRE STATION ROOF REPAIR 2 16-643 REJECT THE BID FOR THE 2016 PAVEMENT RESURFACING PROJECT 3 16-627 THIRD AMENDMENT TO CSG CONSULTANTS, INC. AGREEMENT FOR PROGRAM MANAGEMENT SERVICES 4 16-636 FEDERAL EMERGENCY MANAGEMENT AGENCY GRANT - ASSISTANCE TO FIREFIGHTERS 2015 5 16-637 CITY SUPPORT OF THE LEAGUE OF CALIFORNIA CITIES VISION ZERO TRAFFIC SAFETY RESOLUTION 6 16-635 JULY 2016 FINANCIAL AND INVESTMENT REPORT 7 16-630 ADOPT ORDINANCE 2217, NEW SERIES, AN ORDINANCE OF THE CITY OF MORGAN HILL APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR THE DUNNE HILL MEADOW SIX LOT RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTHEASTERLY CORNER OF EAST DUNNE AVENUE AND HILL ROAD (ASSESSOR'S PARCEL NUMBER 728-11-026) Action: On a motion by Council Member Siebert and seconded by Council Member Carr, adopting Ordinance 2217. The motion passed by the following vote: Ayes: Carr, Constantine, Siebert, Tate4 - Noes: 0 Absent: 0 Recused: Librers1 - 8 16-645 APPROVE THE SEPTEMBER 7, 2016 REGULAR CITY COUNCIL MEETING MINUTES Page 5City of Morgan Hill Printed on 2/7/2017

September 21, 2016City Council Meeting Minutes OTHER BUSINESS: The meeting was recessed at 8:08 p.m. The meeting was reconvened at 8:18 p.m. 9 16-642 AGRICULTURAL LANDS PRESERVATION REPORT Kirk Girard, Director of Planning and Development for the County of Santa Clara and Andrea Mackenzie, General Manager of the Open Space Authority presented the report. The public comment was opened at 8:02 p.m. Doug Muirhead was called to speak. Brian Faircloth was called to speak. Hearing no further requests to speak, the public comment was closed. Action: On a motion by Council Member Librers and seconded by Council Member Carr, accepting the report. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 10 16-602 DOWNTOWN PARKS FINAL DESIGNS AND LAND ACQUISITION Community Development Director Chris Ghione presented the report. The public comment was opened at 8:48 p.m. Hearing no request to speak, the public comment was closed. Action: On a motion by Council Member Siebert and seconded by Council Member Carr, approving the project scope, approving the designs for the Downtown Parks excluding the restrooms, and adopting resolution 16-159 authorizing the City Manager to execute a purchase agreement with the Santa Clara Valley Water District for two properties for an amount not to exceed $126,000. The motion passed by the following vote: Ayes: Carr, Librers, Siebert, Tate4 - Noes: Constantine1 - Absent: 0 Action: On a motion by Council Member Carr and seconded by Mayor Pro Tem Constantine, adding the restrooms as a bid alternate to the project scope. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Tate4 - Noes: Siebert1 - Absent: 0 Page 6City of Morgan Hill Printed on 2/7/2017

September 21, 2016City Council Meeting Minutes 11 16-640 TRANSIENT OCCUPANCY TAX COMPLIANCE AUDIT REPORT Economic Development Director Edith Ramirez, Finance Director Dat Nguyen, and Jeff Ball with Davis Farr presented the report. The public comment was opened at 9:16 p.m. Hearing no requests to speak, the public comment was closed. No action taken. 12 16-638 LEGISLATIVE POSITIONS ON 2016 REGIONAL AND STATE BALLOT MEASURES Administrative Analyst Hilary Holeman presented the report. The public comment was opened at 9:33 p.m. Hearing no requests to speak, the public comment was closed. Action: On a motion by Mayor Pro Tem Constantine and seconded by Council Member Carr, directing staff to correspond appropriately in support of Measures A, and B, Propositions 51, 54, 63, and 67 and in opposition of Propositions 53, 57, 64, and 65. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 PUBLIC HEARINGS: 13 16-608 DEVELOPMENT AGREEMENT, DA2016-004: CONDIT-MANA: A 165 - UNIT APARTMENT PROJECT LOCATED ON THE NORTHEAST SIDE OF SAN PEDRO AVENUE AND MURPHY AVENUE (APN 817-12-006) Planner Tiffany Brown presented the staff report. The public hearing was opened at 9:38 p.m. Hearing no requests to speak, the public hearing was closed. Action: On a motion by Council Member Siebert and seconded by Council Member Librers, waiving the first and second reading of Development Agreement Ordinance 2218. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 Action: On a motion by Council Member Siebert and seconded by Council Member Librers, introducing Development Agreement Ordinance 2218. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 Page 7City of Morgan Hill Printed on 2/7/2017

September 21, 2016City Council Meeting Minutes 14 16-633 DEVELOPMENT AGREEMENT, DA2016-0006:PRICE-CONN: A DEVELOPMENT AGREEMENT FOR A SINGLE LOT RESIDENTIAL DEVELOPMENT LOCATED ON PRICE DRIVE, WEST OF DEWITT AVENUE (APN 773-08-081) Interim Planning Manager Terry Linder presented the report. The public hearing was opened at 9:42 p.m. Hearing no requests to speak, the pubic hearing was closed. Action: On a motion by Council Member Siebert and seconded by Council Member Carr, waiving the first and second reading of Development Agreement Ordinance 2219. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 Action: On a motion by Council Member Siebert and seconded by Council Member Carr, introducing Development Agreement Ordinance 2219. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 15 16-617 DEVELOPMENT AGREEMENT, DA2016-0007: DEWITT-MURRAY - A FOUR LOT SUBDIVISION PROPOSED ON THE SOUTHEAST CORNER OF DEWITT AVENUE AND PRICE DRIVE (APN 773-08-064) Interim Planning Manager Terry Linder presented the report. The public hearing was opened at 9:45 p.m. Hearing no request to speak, the public hearing was closed. Action: On a motion by Council Member Carr and seconded by Mayor Tate, waiving the first and second reading of Development Agreement Ordinance 2220. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 Action: On a motion by Council Member Carr and seconded by Council Member Siebert, introducing Development Agreement Ordinance 2220. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 Page 8City of Morgan Hill Printed on 2/7/2017

September 21, 2016City Council Meeting Minutes FUTURE COUNCIL INITIATED AGENDA ITEMS: Council Member Constantine requested that the Santa Clara Valley Water District provide a report on the progress of PL566. Council Member Carr asked for a discussion of the South County power connect proposal through PGE with the goal the of the council to take a position on where that project would be located. CLOSED SESSION City Attorney Donald Larkin read the closed session into the record. OPPORTUNITY FOR PUBLIC COMMENT The public comment was opened at 9:48 p.m. Hearing no requests to speak, the public comment was closed. ADJOURN TO CLOSED SESSION The meeting adjourned to closed session at 9:49 p.m. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to: Government Code Section 54956.9(d)(4) Number of Cases: One (1) RECONVENE The meeting was reconvened at 1014 p.m. CLOSED SESSION ANNOUNCEMENT City Attorney Donald Larkin announced that there was no reportable action. ADJOURNMENT The meeting was adjourned at 10:14 p.m. MINUTES PREPARED BY: Michelle Wilson, Deputy City Clerk Page 9City of Morgan Hill Printed on 2/7/2017

September 21, 2016City Council Meeting Minutes 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 that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council 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 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 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 City Council. Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. 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 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 of the meeting. Page 10City of Morgan Hill Printed on 2/7/2017

September 21, 2016City Council Meeting Minutes City Council’s Priorities, Goals, and Strategies 2016 2016 Commitment The City Council is committed to engaging the community and being responsible stewards of public resources. Ongoing Priorities The City Council is committed to providing high quality and sustainable services for the entire Morgan Hill community. Fundamental to the City Council’s success are the ongoing priorities of: - Enhancing public safety - Protecting the environment - Maintaining fiscal responsibility - Supporting youth - Fostering a positive organizational culture - Preserving and cultivating public trust 2016 Focus Areas In addition to the City Council’s priorities, five specific focus areas were recognized by the Council that will require significant resources in 2016. - Planning Our Community - Developing Our Community - Enhancing Our Services - Improving Our Communication - Participating In Regional Initiatives Page 11City of Morgan Hill Printed on 2/7/2017

City Council Special - Regular Meeting Agenda Steve Tate ~ Mayor Rich Constantine ~ Mayor Pro Tem Gordon Siebert ~ Council Member Marilyn Librers ~ Council Member Larry Carr ~ Council Member Council Chamber 17555 Peak Avenue Morgan Hill, CA 95037 Wednesday, September 21, 2016 5:30 PM SPECIAL/REGULAR MEETING A Special Meeting of the City Council is called at 5:30 p.m. for the purpose of conducting a workshop. SPECIAL MEETING 5:30 P.M. LOCAL AND REGIONAL TRANSPORTATION WORKSHOP16-652 Item # Report # Recommendation: The California High Speed Rail Authority (CHSRA) is the State Agency responsible for the planning, design and construction of the California high speed rail system that will connect the San Francisco Bay Area to Los Angeles (eventually from Sacramento to San Diego) with a train system that will run at speeds of over 200 miles per hour. The purpose of the September 21, 2016 Study Session is to review in detail the alignment options for the High Speed Rail Train as it comes through Morgan Hill. High Speed Rail engineers and design consultants will explain the differences between the alternatives currently being studied, including: 1. At grade east of the tracks on Monterey Road 2. Elevated in a viaduct east of the tracks on Monterey Road 3. Elevated in a viaduct alongside Highway 101 Page 1City of Morgan Hill Printed on 9/22/2016

September 21, 2016City Council Special - Regular Meeting Agenda REGULAR MEETING 7:00 P.M. CALL TO ORDER (Mayor Tate) ROLL CALL ATTENDANCE (Deputy City Clerk Wilson) DECLARATION OF POSTING OF AGENDA Per Government Code 54954.2 (Deputy City Clerk Wilson) The City Council has adopted a policy that regular meetings shall not continue beyond 11:00 p.m. unless extended by a majority of the City Council. SILENT INVOCATION PLEDGE OF ALLEGIANCE CITY COUNCIL REPORTS Council Member Carr CITY MANAGER'S REPORT CITY ATTORNEY’S REPORT OTHER REPORTS PROCLAMATIONS Honoring Jacob’s Heart Children’s Cancer Support Services and Proclaiming the month of September as Childhood Cancer Awareness Month Proclaiming the month of September as Ovarian Cancer Awareness Month Proclaiming the week of October 9-15, 2016 as Fire Prevention Week PRESENTATION YAC PRESENTATION- ASSET #6 PARENT INVOLVEMENT IN SCHOOLING 16-651 Item # Report # Page 2City of Morgan Hill Printed on 9/22/2016

September 21, 2016City Council Special - Regular Meeting Agenda PUBLIC COMMENT 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. (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. Time Estimate for Consent Calendar: 1 - 10 Minutes AWARD DUNNE HILL FIRE STATION ROOF REPAIR16-6291 Item # Report # Recommendation: Adopt resolution: 1. Approving project specifications; 2. Awarding a contract to Andy's Roofing Company for the Dunne Hill Fire Station Roof Repair Project in the amount of $41,878; 3. Authorizing the expenditure of construction contingency funds not to exceed $4,188; and 4. Authorizing City Manager to execute and administer the construction contract with Andy's Roofing Company. REJECT THE BID FOR THE 2016 PAVEMENT RESURFACING PROJECT 16-6432 Item # Report # Recommendation: Reject the bid and direct staff to rebid the project. Page 3City of Morgan Hill Printed on 9/22/2016

September 21, 2016City Council Special - Regular Meeting Agenda THIRD AMENDMENT TO CSG CONSULTANTS, INC. AGREEMENT FOR PROGRAM MANAGEMENT SERVICES 16-6273 Item # Report # Recommendation: Adopt resolution approving and authorizing the City Manager to execute a Third Amendment to the contract with CSG Consultants, Inc. in the amount of $300,000, for a total contract amount not to exceed $1,383,598 for project delivery services through June 1, 2017 for both water and sewer bond projects. FEDERAL EMERGENCY MANAGEMENT AGENCY GRANT - ASSISTANCE TO FIREFIGHTERS 2015 16-6364 Item # Report # Recommendation: Adopt resolution: 1. Accepting the Assistance to Firefighters Grant award in the amount of $75,712; and 2. Appropriating $83,283 for associated grant expenditures and activities. CITY SUPPORT OF THE LEAGUE OF CALIFORNIA CITIES VISION ZERO TRAFFIC SAFETY RESOLUTION 16-6375 Item # Report # Recommendation: 1. Authorize the City's voting delegate to vote on the Vision Zero traffic safety resolution to be considered at the League of California Cities (LOCC) annual conference; and 2. Direct staff to explore the benefits the Vision Zero traffic safety initiative would have on Morgan Hill. JULY 2016 FINANCIAL AND INVESTMENT REPORT16-6356 Item # Report # Recommendation: Accept and file report. ADOPT ORDINANCE 2217, NEW SERIES, AN ORDINANCE OF THE CITY OF MORGAN HILL APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR THE DUNNE HILL MEADOW SIX LOT RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTHEASTERLY CORNER OF EAST DUNNE AVENUE AND HILL ROAD (ASSESSOR'S PARCEL NUMBER 728-11-026) 16-6307 Item # Report # Recommendation: Waive the reading, adopt Ordinance No. 2217, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived. Page 4City of Morgan Hill Printed on 9/22/2016

September 21, 2016City Council Special - Regular Meeting Agenda APPROVE THE SEPTEMBER 7, 2016 REGULAR CITY COUNCIL MEETING MINUTES 16-6458 Item # Report # Recommendation: Approve Minutes. OTHER BUSINESS: AGRICULTURAL LANDS PRESERVATION REPORT16-6429 Item # Report # Recommendation: Receive verbal report from Santa Clara County and Santa Clara Valley Open Space Authority representatives on the Sustainable Agricultural Lands Policy Framework. Estimated Time: 30 Minutes DOWNTOWN PARKS FINAL DESIGNS AND LAND ACQUISITION 16-60210 Item # Report # Recommendation: 1. Approve project scope; 2. Approve designs for the Downtown Parks; and 3. Adopt resolution authorizing the City Manager to execute a purchase agreement with the Santa Clara Valley Water District for two properties for an amount not to exceed $126,000. Estimated Time: 25 Minutes TRANSIENT OCCUPANCY TAX COMPLIANCE AUDIT REPORT 16-64011 Item # Report # Recommendation: 1. Receive the Transient Occupancy Tax (TOT) compliance audit report; and 2. Provide direction to staff to further review the City's TOT Ordinance (Municipal Code Chapter 3.24) and present recommendations on modifying the 30+ day exemptions policy. Estimated Time: 30 Minutes Page 5City of Morgan Hill Printed on 9/22/2016

September 21, 2016City Council Special - Regular Meeting Agenda LEGISLATIVE POSITIONS ON 2016 REGIONAL AND STATE BALLOT MEASURES 16-63812 Item # Report # Recommendation: 1. Discuss the recommended positions on 2016 regional and state ballot measures; and 2. Direct staff to correspond appropriately in support of Measure A, B, Propositions 51, 54, and 67; in opposition of Propositions 53, 57, 64, and 65; and to take no position on Proposition 63. Estimated Time: 25 Minutes PUBLIC HEARINGS: DEVELOPMENT AGREEMENT, DA2016-004: CONDIT-MANA: A 165 - UNIT APARTMENT PROJECT LOCATED ON THE NORTHEAST SIDE OF SAN PEDRO AVENUE AND MURPHY AVENUE (APN 817-12-006) 16-60813 Item # Report # Recommendation: 1. Open/close public hearing; 2. Waive the first and second reading of the Development Agreement Ordinance; and 3. Introduce Development Agreement Ordinance. Estimated Time: 10 Minutes DEVELOPMENT AGREEMENT, DA2016-0006:PRICE-CONN: A DEVELOPMENT AGREEMENT FOR A SINGLE LOT RESIDENTIAL DEVELOPMENT LOCATED ON PRICE DRIVE, WEST OF DEWITT AVENUE (APN 773-08-081) 16-63314 Item # Report # Recommendation: 1. Open/close public hearing; 2. Waive the first and second reading of the Development Agreement Ordinance; and 3. Introduce Development Agreement Ordinance. Estimated Time: 5 Minutes Page 6City of Morgan Hill Printed on 9/22/2016

September 21, 2016City Council Special - Regular Meeting Agenda DEVELOPMENT AGREEMENT, DA2016-0007: DEWITT-MURRAY - A FOUR LOT SUBDIVISION PROPOSED ON THE SOUTHEAST CORNER OF DEWITT AVENUE AND PRICE DRIVE (APN 773-08-064) 16-61715 Item # Report # Recommendation: 1. Open/close Public Hearing; 2. Waive the first and second reading of the Development Agreement Ordinance; and 3. Introduce Development Agreement Ordinance. Estimated Time: 5 Minutes 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. CLOSED SESSION OPPORTUNITY FOR PUBLIC COMMENT ADJOURN TO CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to: Government Code Section 54956.9(d)(4) Number of Cases: One (1) RECONVENE CLOSED SESSION ANNOUNCEMENT ADJOURNMENT Page 7City of Morgan Hill Printed on 9/22/2016

September 21, 2016City Council Special - Regular Meeting Agenda 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 that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council 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 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 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 City Council. Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. 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 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 of the meeting. Page 8City of Morgan Hill Printed on 9/22/2016

September 21, 2016City Council Special - Regular Meeting Agenda City Council’s Priorities, Goals, and Strategies 2016 2016 Commitment The City Council is committed to engaging the community and being responsible stewards of public resources. Ongoing Priorities The City Council is committed to providing high quality and sustainable services for the entire Morgan Hill community. Fundamental to the City Council’s success are the ongoing priorities of: - Enhancing public safety - Protecting the environment - Maintaining fiscal responsibility - Supporting youth - Fostering a positive organizational culture - Preserving and cultivating public trust 2016 Focus Areas In addition to the City Council’s priorities, five specific focus areas were recognized by the Council that will require significant resources in 2016. - Planning Our Community - Developing Our Community - Enhancing Our Services - Improving Our Communication - Participating In Regional Initiatives Page 9City of Morgan Hill Printed on 9/22/2016