Newport Beach

City Council

August 22, 2023 Closed Session #1

Agenda Item 1

IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room\nA. CONFERENCE WITH LEGAL COUNSEL\nANTICIPATED LITIGATION\n(Government Code § 54956.9) (d)(2), (e)(2)(3)): 1 matter\nThe City Council will meet in Closed Session to discuss potential litigation against\nthe City as set forth in the correspondence dated April 11, 2023, from Andrew Willis,\nEnforcement Staff Counsel, for the California Coastal Commission, related to the\nWestern Snowy Plover and the wood-slat fences that previously existed at/near\nBalboa Beach. A copy of the April 11, 2023 correspondence is attached to this\nagenda and is available for inspection at the City Clerk’s Office located at 100 Civic\nCenter Drive, Newport Beach, California 92660.\nCoastal Commission Correspondence\nAugust 22, 2023\nB. CONFERENCE WITH LEGAL COUNSEL\nEXISTING LITIGATION - ANTICIPATED LITIGATION\n(Government Code § 54956.9 (d)(1) and (d)(4)): 1 Matter\nGloria Johnson, et al. v. City of Grants Pass\nUnited States Court of Appeals for the Ninth Circuit Case Nos. 20-35752;\n20-35881\nUnited States District Court for the District of Oregon Case No.\n1:18-cv-01823-CL\n(The reason for holding a closed session is for the purpose of conferring with and /or\nreceiving advice from the City’s legal counsel and to receive direction from the City\nCouncil regarding the possible filing and/or participation in an amicus brief in this\ncase.)