City of Glendale City Council Workshop Agenda *AMENDED 10/20/2023 **AMENDED 10/23/2023 Mayor Jerry Weiers Vice Mayor Joyce Clark Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner 5850 West Glendale Avenue Glendale, AZ 85301 Tuesday, October 24, 2023 12:30 PM Glendale Civic Center 5750 W Glenn Drive Glendale, AZ 85301 Workshop One or more members of the City Council may be unable to attend the Council Meeting in person and may participate telephonically, pursuant to A.R.S. § 38-431(4).
CITY ATTORNEY'S REPORT This report allows the City Attorney to update the City Council. The City Council may only acknowledge the contents to this report and is prohibited by state law from discussing or acting on any of the items presented by the City Attorney since they are not itemized on the Council Workshop Agenda.
A. The City Council will meet with the City Attorney for legal advice, discussion and consultation regarding the City’s position in pending or contemplated litigation, including settlement discussions conducted in order to avoid or resolve litigation (A.R.S. § 38-431.03(A)(3)(4))
B. Council will meet to discuss and consider records exempt by law from public inspection and are specifically required to be maintained as confidential by state or federal law (A.R.S. § 38-431.03(A)(4))
6. PROPERTY
A. Discussion/consultation with the City Attorney and City Manager to receive an update, to consider its position, and to provide instruction/direction to the City Attorney and City Manager regarding Glendale's position in connection with city-owned property located near the Agua Fria River and Glendale Avenue, (A.R.S. §§ 38-431.03 (A)(3)(4)(7))
B. *Discussion/consultation with the City Attorney and City Manager to receive an update, to consider its position, and to provide instruction/direction to the City Attorney and City Manager regarding Glendale's position in connection with contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid or resolve litigation in the area in, near and surrounding 95th Avenue and Cardinals Way that are the subject of negotiations. (A.R.S. §§ 38-431.03 (A)(3)(4)(7)).
7. PERSONNEL MATTERS
A. The City Council will be discussing appointments and matters relating to the following boards, commissions and other bodies (A.R.S. § 38-431.03(A)(3)(4)): Arts Commission Audit Committee Aviation Advisory Commission Board of Adjustment Citizen Bond Election Committee (Ad Hoc) Citizens Transportation Oversight Commission Citizens Utility Advisory Commission Community Development Advisory Committee Glendale Municipal Property Corporation Historic Preservation Commission Human Relations Commission Industrial Development Authority Library Advisory Board Municipal Property Corporation Parks and Recreation Advisory Commission Personnel Board Planning Commission Public Safety Personnel Retirement Boards - Fire and Police Risk Management/Workers Compensation Trust Fund Board
8. **LITIGATION
A. Discussion/consultation with the City Attorney and City Manager to receive an update, to consider its position, and to provide instruction/direction to the City Attorney and City Manager regarding Glendale's position in connection with pending or contemplated litigation, or in settlement discussions conducted in order to avoid or resolve litigation with Achen Gardner. (A.R.S. §38-431.03 (A)(3)(4)).
ADJOURNMENT
Upon a public majority vote of a quorum of the City Council, the Council may hold an executive session, which will not be open to the public, regarding any item listed on the agenda but only for the following purposes: (i) discussion or consideration of personnel matters (A.R.S. § 38-431.03(A)(1)); (ii) discussion or consideration of records exempt by law from public inspection (A.R.S. § 38-431.03(A)(2)); (iii) discussion or consultation for legal advice with the city’s attorneys (A.R.S. § 38-431.03(A)(3)); (iv) discussion or consultation with the city’s attorneys regarding the city’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid or resolve litigation (A.R.S. § 38-431.03(A)(4)); (v) discussion or consultation with designated representatives of the city in order to consider its position and instruct its representatives regarding negotiations with employee organizations (A.R.S. § 38-431.03(A)(5)); or (vi) discussing or consulting with designated representatives of the city in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property (A.R.S. § 38-431.03(A)(7)); (vii) Discussions or consultations with designated representatives of the public body in order to discuss security plans, procedures, assessments, measures or systems relating to, or having an impact on, the security or safety of buildings, facilities, operations, critical infrastructure information and information technology maintained by the public body. Records, documentation, notes, or other materials made by, or provided to, the representatives pursuant to this paragraph are confidential and exempt from public disclosure under this chapter and title 39, chapter 1 (A.R.S. § 38-431.03(A)(9)). Confidentiality Arizona statute precludes any person receiving executive session information from disclosing that information except as allowed by law. A.R.S. § 38-431.03(F). Each violation of this statute is subject to a civil penalty not to exceed $500, plus court costs and attorneys’ fees. This penalty is assessed against the person who violates this statute or who knowingly aids, agrees to aid or attempts to aid another person in violating this article. The city is precluded from expending any public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced for violation of the statute unless the City Council takes a legal action at a properly noticed open meeting to approve of such expenditure prior to incurring any such obligation or indebtedness. A.R.S. § 38-431.07(A)(B). SPECIAL ACCOMMODATIONS For special accommodations, please contact the City Clerk’s Office at 623-930-2252 extension 1 at least 3 business days prior to the meeting. POSTING VERIFICATION This agenda was posted on 10/13/23 at 3:00 p.m. by MR. This amended agenda was posted on 10/20/2023 at 5:00 p.m. by MR. This second amended agenda was posted on 10/23/2023 at 10:00 a.m. by MR.