CITY OF GLENDORA
CITY COUNCIL SPECIAL MEETING
AGENDA
TUESDAY, DECEMBER 12, 2023
CITY HALL COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD, GLENDORA To participate virtually, download Zoom on any phone or computer device and use the following meeting ID: cityofglendora.org/zoom or https://zoom.us/j/9329247224
MAYOR/CHAIR
Gary Boyer, District 3
MAYOR PRO TEM/VICE-CHAIR
Mendell Thompson, District 5
COUNCIL/COMMISSIONERS
Michael Allawos, District 1
Karen Davis, District 4
David Fredendall, District 2
MEETING SCHEDULE
The regular meetings of the City Council shall be held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m.
BROWN ACT
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on “all items” listed on the agenda and be in compliance with the open meeting laws.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The
governing body may direct staff to investigate and/or
schedule certain matters for consideration at a future meeting.
COMMUNICATION AND ELECTRONIC DEVICES
To minimize distractions, please be sure all personal communication and electronic devices are turned off or on silent mode.
LIVE BROADCASTING AND REBROADCASTING
Regular City Council meetings are broadcast live every 2nd and 4th Tuesday of the month on City Website www.cityofglendora.org, Channel 3 (Cable) & Channel 31 (Verizon) and are replayed Thursday - Sunday the week following the meeting on Channel 3 (Cable) & Channel 31 (Verizon). All broadcasts can be viewed on Cox Communications Local Access Channel 3 and Verizon/Fios Channel 31. City Council meetings are also available via live webcast and at any time for replaying through the City's webpage at cityofglendora.org/citymeetings.
Meeting Date: 12/12/2023 / Packet Page #: 1
CITY OF GLENDORA
NOTICE AND CALL
OF A
CITY COUNCIL SPECIAL MEETING
TUESDAY, DECEMBER 12, 2023
CITY HALL COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD, GLENDORA 5:00 PM CLOSED SESSION
6:00 PM BUSINESS SESSION
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF GLENDORA AND TO THE CITY CLERK:
NOTICE IS HEREBY GIVEN that the City Council will conduct a special meeting at 5:00 PM on Tuesday, December 12, 2023, City Hall Council Chamber, 116 E. Foothill Boulevard, Glendora.
NOTICE IS FURTHER GIVEN that to participate virtually, download Zoom on any phone or computer device and use the following meeting ID: cityofglendora.org/zoom or https://zoom.us/j/9329247224.
The purpose of said special meeting is as follows:
CLOSED SESSION
The regular meetings of the city council shall be held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m. Closed Session discussions authorized by state law and allow the legislative body to consider/hear any matter which it is authorized by state law to hear or consider in closed session.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code §54956.8, enable the City Council and Housing Authority to give direction to its negotiator(s) Adam Raymond, William W. Wynder, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding that certain real property 1762 Dale Road, APN 8631-013-023. The City’s real property negotiator will seek direction from the City Council regarding the terms.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held pursuant to Government Code §54956.8, enable the City Council of the City of Glendora, property owner, to receive information form negotiator(s) Adam Raymond, William W.
Wynder, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding certain real properties APN 8655-007-900, APN 8655-007-901, APN 8655-007-902 and APN 8655-021-900.
The City’s real property negotiator will seek direction from the City Council regarding the disposition of the property.
PUBLIC COMMENT
Three (3) Minute speaking time limit, speaking once, unless upon motion, such time is extended by the legislative body.
Any person may request to address a legislative body during a public meeting. Speakers are limited to three (3) minutes, speaking once, on both on- and off- agenda items, unless, upon motion, such time is extended by the legislative body. Such statements shall only be allowed during the Public Comment portion of the agenda. If there are any public hearings scheduled, individuals will be given an additional opportunity to comment under said items. Speakers are not permitted to yield their time to another speaker. Public comment is limited to 30 minutes at each meeting, with the ability to extend if the legislative body so chooses by majority vote.
To ensure that the public is able to participate, the City may provide a variety of ways in which the public can submit their comment: in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.
Meeting Date: 12/12/2023 / Packet Page #: 2
SPECIAL ITEMS
3. Recognition of Jessica Chiriboga named Rhodes Scholar at Dartmouth
UNFINISHED BUSINESS
4. Consideration of a Resolution appointing a new City Attorney and Assistant City Attorney CITY RECOMMENDATION: 1. Adopt a City Council Resolution appointing Danny Aleshire as the successor City Attorney to retiring William W. Wynder and Payam Mostagavi as the new Assistant City Attorney.
NEW BUSINESS
5. Glendora City Council Reorganization
NOTICE IS FURTHER GIVEN that the public will be given the opportunity to speak only on those matters listed in this notice. Public Comment will be announced once at the commencement of this special meeting and can be given in-person, submit via email at [email protected] with the subject “Public Comment” or via mail and mailed to 116 E. Foothill Boulevard, Glendora, ATTN: City Clerk’s Department-Public Comment.
NO OTHER BUSINESS WILL BE DISCUSSED
Kathleen R. Sessman, MMC
City Clerk/Communications Director
I, certify that I caused the Notice and Call of a Special Meeting of the City Council to be held Tuesday, December 12, 2023, at 5:00 PM, in the City Hall Council Chamber, 116 E. Foothill Boulevard, Glendora, delivered electronically or hardcopy to each member of the City Council, emailed to the San Gabriel Valley Examiner, and that I posted said notice on the posting board as required by law.
Certification Date: December 6, 2023
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 12/12/2023 / Packet Page #: 3
STAFF REPORT
TO: Mayor and Council Members DATE: December 12, 2023
FROM: Legal DISTRICT(S): Not Applicable
SUBJECT: Consideration of a Resolution appointing a new City Attorney and Assistant City Attorney
RECOMMENDATION
That the City Council:
1. Adopt a City Council Resolution appointing Danny Aleshire as the successor City Attorney to retiring William W. Wynder and Payam Mostagavi as the new Assistant City Attorney.
STRATEGIC FOCUS AREAS
Not Applicable
EXECUTIVE SUMMARY
Effective March 19, 2018, the City Council of the City Glendora approved that certain “Contract Services Agreement for City Attorney Services” (the “Agreement”) whereby the law firm of Aleshire & Wynder, LLP, by and through its name partner William Wynder, was appointed City Attorney of the City of Glendora.
Mr. Wynder is retiring from the full-time practice of law at the end of 2023. Article 1, Appointment, of the Agreement provides, the “designated City Attorney or any Assistant City Attorney shall be established by resolution of the City Council.”
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Since March of 2018, the law firm of Aleshire & Wynder, LLP, has served as contract city attorney for the City of Glendora. Since its engagement, the firm has acted as City Attorney performing legal services involving a number of significant legal issues for the City, including: defending the City successfully in litigation matters; prepare ordinances and resolutions to ensure the City’s compliance with state and federal laws; and close collaboration with the City Council and Planning Commission, as well as the City Manager and City department directors. During that time Mr. Wynder has served as its designated City Attorney as provided for in Government Code § 36505. With his retirement at the close of business on December 31, 2023, it has become necessary to appoint a successor City Attorney.
DISCUSSION
Mr. Wynder has proposed to the City Council, and following an in-person interview a unanimous City Council has agreed, that Mr. Danny Aleshire be appointed as the City Attorney, and that Mr. Payam Mostafavi be appointed Assistant City Attorney, the same to be effective January 1, 2024. In turn, Messers. Wynder, Aleshire, and Mostafavi will coordinate this transition in the role of City Attorney in an efficient, cost-effective, and seamless manner to City with Mr. Wynder continuing to provide legal services for special projects on an as needed and directed basis.
FISCAL IMPACT
Not applicable.
Item #4. Page 1
Meeting Date: 12/12/2023 / Packet Page #: 4
ENVIRONMENTAL DETERMINATION
Not applicable.
Prepared By William W. Wynder, City Attorney
Concurs With Not Applicable
Reviewed By Kathleen R. Sessman, City Clerk/Communications Director Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Marie Ricci, Deputy City Manager
Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Resolution
Item #4. Page 2
Meeting Date: 12/12/2023 / Packet Page #: 5
RESOLUTION CC 2023-____
A RESOLUTION OF THE CITY COUNCIL AMENDING
THE APPOINTMENT OF CITY ATTORNEY AND
ASSISTANT CITY ATTORNEY
THE CITY COUNCIL
City of Glendora, California
WHEREAS, Aleshire & Wynder, LLP (A&W) is a full-service public law firm founded in 2003 with expertise in planning and land use, labor and employment, public finance, code enforcement, litigation, land movement, contracts, public works construction, public records, Brown Act, coastal, and all other areas of municipal law.
WHEREAS, effective March 19, 2018, the City Council of the City Glendora approved that certain “Contract Services Agreement for City Attorney Services” (the “Agreement”) whereby A&W, by and through its name partner William Wynder was appointed City Attorney of the City of Glendora.
WHEREAS, since its engagement, A&W has acted as City Attorney performing legal services involving a number of significant legal issues for the City, including defending the City successfully in litigation matters; prepare ordinances and resolutions to ensure the City’s compliance with state and federal laws; and close collaboration with the City Council and Planning Commission, as well as the City Manager and City department directors.
WHEREAS, Article 1, Appointment, of the Agreement provides, the “designated City Attorney or any Assistant City Attorney shall be established by resolution of the City Council.” WHEREAS, Mr. Wynder is retiring from the full-time practice of law at the end of 2023.
A&W and Mr. Wynder have proposed to the City Council, and the unanimous City Council has agreed, that Mr. Danny Aleshire be appointed as the City Attorney, and that Mr. Payam Mostafavi be appointed Assistant City Attorney, the same to be effective January 1, 2024.
WHEREAS, Messers, Wynder, Aleshire, and Mostafavi shall coordinate this transition in the role of City Attorney in an efficient, cost-effective, and seamless manner to City with Mr.
Wynder continuing to provide legal services for special projects on an as needed and directed basis.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Effective January 1, 2024, the City Council hereby appoints A&W partner Danny Aleshire, Esq., as City Attorney for the City of Glendora, California, and its subordinate and affiliated entities.
SECTION 2. Effective January 1, 2024, the City Council hereby appoints A&W attorney Payam Mostafavi, Esq. as Assistant City Attorney for the City of Glendora, California.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
Item #4. Page 3
Meeting Date: 12/12/2023 / Packet Page #: 6
Resolution CC 2023-_____ Page 2 of 2
PASSED, APPROVED and ADOPTED this ____ day of December, 2023.
City Council of the City of Glendora
BY:
Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
CERTIFICATION
I, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of December 2023, by the following vote:
AYES: MEMBERS:
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #4. Page 4
Meeting Date: 12/12/2023 / Packet Page #: 7