CC 2016-06-14_09b Approval of MinutesACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 24, 2016
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Hill called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Council: Council Members Jim Guthrie, Tim Brown, Kristen Barneich, Mayor Pro
Tem Barbara Harmon and Mayor Jim Hill were present.
Staff Present: City Manager Dianne Thompson, City Attorney Heather Whitham, Deputy
City Clerk Kitty Norton, Director of Administrative Services Debbie
Malicoat, Community Development Director Teresa McClish, Public
Works Director Geoff English, and Police Chief Steven Annibali.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Janet Wood, representing Arroyo Grande Rotary Club, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
None.
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Council Member Barneich seconded, and the motion passed
unanimously that all ordinances presented at the meeting shall be read by title only and all
further readings be waived.
6. SPECIAL PRESENTATIONS
6.a. Introduction of New City Employees Jill McPeek, Capital Improvement Project
Manager and Jason Hodges, Information Technology Specialist.
City Manager Thompson introduced new full-time Capital Improvement Project Manager Jill
McPeek, Information Technology Specialist Jason Hodges and the promotion of Planning
Manager Matt Downing and provided a brief overview of their backgrounds and experience.
6.b. Recognition of Retirements: Commander Kevin McBride and Police K-9
Gregor; Introduction and Oath of Office: Police Officer Elia Esparza;
Promotional Ceremony: Police Officers Zak Ayala, Jeremy Burns, and Stephen
Doherty to Senior Police Officers; Sr. Police Officers Shane Day and Jason
Castillo to Police Sergeants and Sergeant Michael Martinez to Police
Commander.
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City Manager Thompson introduced Chief Annibali who recognized Commander Kevin McBride
for his 32 years of service with the Arroyo Grande Police Department; K-9 Gregor for his 6 years
of service and provided an overview of his accomplishments; and introduced new full-time
Police Officer Elia Esparza, and highlighted her educational and professional background.
Deputy City Clerk Norton then administered the Oath of Office to Officer Esparza. Chief Annibali
continued with the promotion of Police Officers Zak Ayala, Jeremy Burns, and Stephen Doherty
to Senior Police Officers; Shane Day and Jason Castillo to Police Sergeants, and Sergeant
Michael Martinez to Police Commander.
Mayor Hill called for a break at 6:26 p.m. The Council reconvened at 6:36 p.m.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an
invocation; Aaron Henkel, Arroyo Grande, expressed concern regarding the “Keep Clear” sign
on the private development of the property at E. Grand Avenue and S. Elm Street, and the
conditions of the bike lane in front of the High School as it relates to traffic signals; Patty Welsh,
expressed concern regarding the lack of grocery stores in the City and of the efforts being made
to retain one; Julie London, Arroyo Grande, expressed concern with the Council Policy item and
would like to see more cohesiveness within the City; Beatrice Spencer, Arroyo Grande, spoke
about issues related to the Mayor’s efforts on other boards as it relates to his letter to the
Federal Trade Commission (FTC); Michael Drees, Arroyo Grande, spoke regarding his
concerns related to the Mayor’s letter to the FTC; Cynthia Alarcio, Arroyo Grande, spoke
regarding the FTC letter and did not feel that a preference was shown to the owners of
Spencer’s Market; Colleen Drees, Arroyo Grande, expressed concern regarding other Council
Members not being notified of the FTC letter by the Mayor; Tom Goss, Arroyo Grande,
expressed concerns regarding the FTC letter; LeAnn Akins, noted that Spencer’s Fresh Market
was the only bidder of preference; Speaker (declined to state name) expressed concern
regarding the comments toward staff and Council and encouraged citizens to volunteer; Steve
Hollister, Arroyo Grande, spoke regarding the FTC letter; Nick Tompkins, explained the
purchase of Haggen from Albertsons and suggested working with the owners of the building;
Ashley Acres, Arroyo Grande, spoke on behalf of Adam Verdin and spoke about transparency
and leadership; and Shirley Gibson, Halcyon, expressed concern regarding the precedence that
the FTC letter is creating.
8. CITY MANAGER REPORT:
City Manager Thompson provided a status report on items recently considered by the Planning
Commission, Traffic Commission, and Historic Resources Committee; reported that the
Swinging Bridge has re-opened; announced the next Coffee with the City Manager event will be
held at Red Dirt Coffee House on June 6, 2016 at 8:00 am; announced that Special Meetings
will be held on June 13 and 27, 2016 regarding City Council goal setting; reported on economic
development; spoke on the efforts being made to secure a grocery store at the vacant Haggen
site; spoke on business outreach that is being conducted and activities happening in the City
that help promote economic development, as well as cultural and special events; and
commented on upcoming agenda items.
Staff responded to Council Member Barneich’s concerns regarding the amount of items on the
upcoming agenda, and Mayor Pro Tem Harmon informed staff the Five Cities Fire Authority
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Budget also needed to be added as an item for discussion. It was suggested that further
discussion be held during an upcoming meeting between Mayor Hill, Mayor Pro Tem Harmon
and City Manager Thompson to set the June 14, 2016 agenda.
In response to a question by Mayor Pro Tem Harmon regarding Walmart adding groceries to
their store, City Manager Thompson responded that there has not been an inquiry on the
matter.
In response to a question by Council Member Brown regarding pedestrian traffic on the
Swinging Bridge, City Manager Thompson responded that a sign has been posted as to the
limit of pedestrians crossing the bridge.
9. CONSENT AGENDA
Mayor Hill requested that Items 9.c., 9.h. and 9.i. be pulled.
Mayor Hill invited public comment. Speaking from the public were Beatrice Spencer, referred to
Item 9.a. (Cash Disbursements) and questioned what work had been performed for fees paid to
Wood Rogers, the invoice from Arroyo Grande Village Improvement Association for watering,
and Bank of America charges for professional services for goal setting; Patty Welsh referred to
Item 9.i. (Temporary Use Permit for Beer and Food Festival) and expressed concern that the
event will outgrow the location and suggested that the City pursue other locations; and April
McLaughlin, expressed concern with the City not contracting with local businesses.
Action: Council Member Guthrie moved, and Council Member Barneich seconded the motion to
approve Consent Agenda Items 9.a. through 9.j., with the exception of Items 9.c., 9.h. and 9.i.
with the recommended courses of action. The motion passed on the following roll-call vote:
AYES: Guthrie, Barneich, Harmon, Brown, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period May 1, 2016 through
May 15, 2016.
9.b. Consideration of Investment Deposits.
Action: Received and filed the report listing the current investment deposits of the City,
as of April 30, 2016, as required by Government Code Section 53646(b).
9.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council Meetings of
May 10, 2016, as submitted.
9.e. Consideration to Declare Surplus Property.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE DECLARING EQUIPMENT AS SURPLUS
PROPERTY AND AUTHORIZING ITS DONATION”.
9.f. Consideration to Approve an Agreement for Uniform Laundry Services with
Aramark Uniform Services.
Action: 1) Approved an Agreement with Aramark Uniform Services for uniform laundry
services in the amount of $35,694.21 for a three-year term; 2) Authorized the Mayor to
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execute the Agreement with Aramark Uniform Services for uniform laundry services; and
3) Authorized the City Manager to extend the Agreement for two additional one-year
terms at the option of the City.
9.g. Consideration to Approve the Purchase of a Replacement Pump and Pipe Column
for Well No. 4.
Action: Approved the purchase of a replacement vertical turbine pump and pipe column
for Well No. 4 in the amount of $22,000 from Filiponi & Thompson Drilling.
9.j. Consideration of Annual Report and Adoption of Resolution of Intention for Levy
of Annual Assessment for Arroyo Grande Tourism Business Improvement
District.
Action: 1) Received and approved the annual report of the Arroyo Grande Tourism
Business Improvement District Advisory Board (AGTBID); 2) Adopted a Resolution
entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE DECLARING ITS INTENTION TO CONTINUE THE ARROYO GRANDE
TOURISM BUSINESS IMPROVEMENT DISTRICT, TO CONTINUE THE BASIS FOR
AND TO LEVY THE ASSESSMENT FOR THE DISTRICT, AND TO SET A DATE FOR
THE PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR THE 2016-
17 FISCAL YEAR”; and 3) Set the date for the public hearing for June 28, 2016.
ITEMS PULLED FROM THE CONSENT AGENDA
Mayor Hill referred to Items 9.h. and 9.i regarding publication requirements due to the Times
Press Recorder closing. City Attorney Whitham advised that with regard to Item 9.h., condition
of approval #18 can be modified to state that notice is to be published in The Tribune instead of
the Times Press Recorder, and that Item 9.i. did not have the same publication provision due to
there being no street closures involved.
Staff responded to questions from Council regarding items 9.c., 9.h., and 9.i., including the non-
profit application and fee waiver, and the Police Department’s involvement in that process.
Upon Mayor Hill’s request, staff responded to public comment questions regarding the Brisco
closure costs (Wood Rogers). Also upon Mayor Hill’s request, staff responded to public
comment regarding the use of local vendors, noting that other questions regarding payments
made will be researched and responded to at a later date.
Mayor Hill invited public comment on Items 9.c., 9.h., and 9.i. Speaking from the public were
Aaron Henkel, who commented on Item 9.c. regarding the work schedule for managers; and
April McLaughlin who commented on Items 9.h. and 9.i. regarding the fee waiver process and
the closing of streets for events. No further comments were received.
9.c. Consideration of a Resolution Revising and Amending the Definition of Work
Week in the Personnel Regulations.
Action: Mayor Hill moved to adopt a Resolution entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AND ADOPTING REVISED AND
AMENDED PERSONNEL REGULATIONS”. Mayor Pro Tem Harmon seconded, and the motion
passed unanimously by the following roll call vote:
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AYES: Hill, Harmon, Guthrie, Brown, Barneich
NOES: None
ABSENT: None
9.h. Consideration of Temporary Use Permit Case No. 16-004 to Authorize the Use of
City Property, the Closure of City Streets, and Waiver of Application Fees for the
27th Annual Arroyo Valley Car Club Sunset Cruise on July 29, 2016 and Car Sho on
July 30, 2016.
Action: Council Member Guthrie moved to adopt a Resolution entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT 16-004; AUTHORIZING THE USE OF CITY PROPERTY AND THE CLOSURE OF CITY
STREETS FOR THE 27TH ANNUAL ARROYO VALLEY CAR CLUB SUNSET CRUISE ON JULY
29, 2016 AND CAR SHO ON JULY 30, 2016” with the amendment to Condition No. 18. to be
published in The Tribune. Council Member Barneich seconded, and the motion passed
unanimously by roll call vote.
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
9.i. Consideration of Temporary Use Permit No. 16-005; Authorization to Use City
Property and Waiver of Application Fees for a Beer and Food Festival on October
22, 2016; Location - Heritage Square Park; Applicant – Arroyo Grande Village
Improvement Association; Representative - Bob Lund.
Action: Council Member Guthrie moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT NO. 16-005; AUTHORIZING THE USE OF CITY PROPERTY FOR BEER AND FOOD
FESTIVAL ON OCTOBER 22, 2016; LOCATED AT HERITAGE SQUARE PARK; APPLIED
FOR BY THE ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION”. Council
Member Barneich seconded, and the motion passed unanimously by roll call vote.
AYES: Guthrie, Barneich, Brown, Harmon
NOES: Hill
ABSENT: None
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
11.a. Consideration of a Resolution Establishing a Policy Regarding Council
Communications.
City Manager Thompson presented the staff report and recommended that the Council adopt a
Resolution establishing a policy in the City Council Operations Manual regarding Council
communications relating to correspondence, legislative communications, speaking
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engagements, and media relations, with a modification to replace “City resources” with “City
letterhead” in the last paragraph of the correspondence section.
Staff responded to questions from Council regarding email correspondence between City
Council Members. Staff also responded to questions from Council regarding responses to
requests for action from the League of California Cities.
Mayor Hill invited public comment. Speaking from the public were Patty Welsh, expressed
confusion about the recommended action; Tom Goss, Arroyo Grande, supported the item;
Colleen Martin, Arroyo Grande, commented on the need for the Council to have a retreat; John
Keen, Arroyo Grande, commented on correspondence from the League of California Cities and
encouraged the Council to evaluate any potential responses; Beatrice Spencer, Arroyo Grande,
asked why the necessity to respond to the League’s requests now and was confused regarding
this item being agendized; April McLaughlin, Arroyo Grande, expressed concern about changing
wording from city letterhead to city resources; Aaron Henkel, Arroyo Grande, commented that
the Council should make the decision together on the League requests; Caren Ray, Arroyo
Grande, stated the Council should make decisions together as a body, expressed concern
regarding the use of the term letterhead as opposed to the use of title; and LeAnn Akins, Arroyo
Grande, regarding no direction to staff to bring back a resolution. No further public comments
were received.
Council comments ensued regarding how the agenda item and resolution regarding letters to
the League of California Cities was put on the agenda, the benefit of sharing emails of opinion
with other Council Members on League issues as well as other board and committee issues; the
potential of a refresher regarding the wearing of dual hats on different boards, commissions and
committees; and the benefit of weighing in on League issues only as time allows.
Action: Council Member Guthrie moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A POLICY
REGARDING COUNCIL COMMUNICATIONS”, as modified to include changes to the Council
Communication Policy replacing “City resources” with “City letterhead” and striking the
legislative communications paragraph and continuing with the current practice of bringing to
Council requests from the League as time allows. Council Member Barneich seconded, and the
motion passed on the following roll-call vote:
AYES: Guthrie, Barneich, Harmon
NOES: Brown, Hill
ABSENT: None
12. NEW BUSINESS
None.
13. CITY COUNCIL REPORTS
The Mayor and Council Members provided brief reports from the following committee,
commission, board, or other subcommittee meetings that they attended as the City’s appointed
representative.
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(a) MAYOR HILL:
(1) South San Luis Obispo County Sanitation District (SSLOCSD)
(2) Brisco/Halcyon Interchange Subcommittee
(3) Oversight Board to the Successor Agency to the Dissolved Arroyo
Grande Redevelopment Agency
(4) California Joint Powers Insurance Authority (CJPIA)
(5) Other
(b) MAYOR PRO TEM HARMON:
(1) County Water Resources Advisory Committee (WRAC)
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
(4) Other
(c) COUNCIL MEMBER GUTHRIE:
(1) San Luis Obispo Council of Governments/Regional Transit Authority
(SLOCOG/RTA)
(2) South County Transit (SCT)
(3) Tourism Committee
(4) Brisco/Halcyon Interchange Subcommittee
(5) Economic Vitality Corporation (Attended as Alternate)
(d) COUNCIL MEMBER BROWN:
(1) Integrated Waste Management Authority Board (IWMA)
(2) Economic Vitality Corporation (EVC)
(3) Other
(e) COUNCIL MEMBER BARNEICH:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Oversight Council (HSOC)
(3) Other
Mayor Hill invited public comment. Speaking from the public were Aaron Henkel, stated he
would like a Five Cities Fire Authority (FCFA) cost comparison to include current costs and
future liabilities; Julie London, asked for clarification of the bus passes from Social Services and
commented about a brochure regarding disposal of prescription medicine; Patty Welsh,
requested clarification regarding the qualification for vouchers, and commented on the FCFA
Budget; Rudy Xavier, Arroyo Grande, thanked the Council for their action in adopting the
communication policy; Beatrice Spencer, questioned how to dispose of prescription medicine;
and April McLaughlin, Arroyo Grande, questioned the Tourism Committee’s decision for a bus
wrap photo and expressed dissatisfaction with the South San Luis Obispo County Sanitation
District cancelling its last meeting. No further public comments were received.
14. COUNCIL COMMUNICATIONS
In response to public comment, Mayor Pro Tem Harmon stated that the FCFA preliminary
budget is posted for the May 20, 2016 meeting; and that she would like to place the FCFA
budget on the agenda for the June 14, 2016 City Council meeting.
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Mayor Hill commented on the closure of the Times Press Recorder and thanked April Charlton
for her work in covering the City over the years.
15. CLOSED SESSION
At 10:35 p.m., City Attorney Heather Whitham announced the City Council would adjourn to
closed session to consider the following items:
a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8:
Property: 202 Le Point Street, Arroyo Grande
Agency negotiator: Dianne Thompson, City Manager
Negotiating parties: John and Maureen Gutierrez
Under negotiation: Price and terms of payment
b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8:
Property: 132 Le Point Street, Arroyo Grande
Agency negotiator: Dianne Thompson, City Manager
Negotiating party: Sunny Jacobson
Under negotiation: Price and terms of payment
c) CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Designated Representative: Dianne Thompson, City Manager
Represented Employees: Arroyo Grande Police Officers’ Association (AGPOA)
d) CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Designated Representative: Dianne Thompson, City Manager
Unrepresented Employees: Management Employees
e) CONFERENCE INVOLVING A JOINT POWERS AGENCY- FIVE CITIES FIRE
AUTHORITY pursuant to Government Code Section 54956.96(b):
Discussion will concern:
CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code
Section 54957.6:
Agency Negotiators: Shelline K. Bennett - Law Firm of Liebert Cassidy
Whitmore; Debbie Malicoat- Administrative Services Director- Arroyo Grande;
Channelle Hubbard- Human Resources Coordinator- Grover Beach
Represented Employees: International Association of Fire Fighters (IAFF) Local
4403
Local agency representative on Five Cities Fire Authority Board: Barbara Harmon
Additional attendee: Dianne Thompson, City Manager
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Mayor Hill invited additional public comment prior to the closed session. Speaking from the
public was Patty Welsh, who commented on the need for medical marijuana to help those in the
City with a need. No further public comments were received.
Adjourned to closed session.
16. RECONVENE TO OPEN SESSION:
Mayor Hill reconvened the meeting to open session at 10:44 p.m. City Attorney Whitham
announced that the City Council unanimously decided to move forward to exercise the City’s
option to purchase the property located at 202 Le Point Street and 132 Le Point Street; provided
direction regarding the Arroyo Grande Police Officers’ Associations’ labor negotiation to the City
Manager; provided direction regarding the management employees’ labor negotiation to the City
Manager; and provided direction regarding the International Association of Fire Fighters labor
negotiation to the City’s representative on the Five Cities Fire Authority Board.
17. ADJOURNMENT
Mayor Hill adjourned the meeting at 10:47 p.m.
____________________________
Jim Hill, Mayor
ATTEST:
____________________________
Kitty Norton, Deputy City Clerk
(Approved at CC Mtg _____________)
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