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Agenda Item No. <br />August 14, 2012 <br />CITY OF NEWPORT BEACH <br />City Council Minutes <br />City Council Special Meeting <br />July 23, 2012 — 6:00 p.m. <br />I. ROLL CALL - 5:00 p.m. IJ <br />Present: Council Member Rosansky, Mayor Pro Tem Curry, Ma or Gardner, Council Member <br />Selich, Council Member Henn <br />Excused: Council Member Hill, Council Member Daigle <br />II. <br />Jim Mosher suggested that the most prudent resporiae, °to the-item under Closed Sessio'nwould be to <br />try to avoid a lawsuit by re- circulating the Newport Banning Ranch Environmental Impact Report <br />(EIR) and making the necessary corrections wherever possible. He believed that many of the public <br />comments were not responded to appropriately; and urged Coo u%ril to take its time to ensure that if a <br />lawsuit arises, the City can win it. <br />Patricia Barnes, Sierra Club, commented on the <br />mention she was the Chair of the Orange County'S <br />that she did not make a statement regarding -6�' <br />reiterated the position of the, Sie ra'Club in conjur <br />Newport Banning Ranch itrust remain open spa( <br />approved General Plan. Further, the Sierra Club <br />and asserts that the DEIR is'inadeCquate, and does <br />per the California Enmronmesatal (4 uO!ty Aat (CEI <br />of the EIR. <br />osed Session iteru- indicated that she did not <br />raClib siriise,.kherejis no such group, and noted <br />vscu in any ti m, implied or expressed. She <br />ion with the Banning Ranch Conservancy that <br />.since it is the preferred option in the voter - <br />strongly opposed to the certification of the EIR <br />A meet the requirements of a satisfactory EIR <br />She urged Council to consider re- circulation <br />Steve Ra„y,'txecutive Director,uf the Banning Ranch Conservancy, stated his organization's support <br />of Ms. Baffles' comments, not g that there was nothing to indicate any threat, potential threat, <br />expressed or-implied of any litigation by her or any representative of the Sierra Club. He contended <br />that to go into &osed Session for an item that is not valid, would not be proper or appropriate. <br />City Attorney Harpp''rreiported that at the June 21, 2012 Planning Commission meeting, Ms. Barnes <br />identified herself as the current Chair of the Orange County Sierra Club, Orange County Group, <br />Angeles Chapter, and thirf tlre'Sierra Club would challenge any certification of the EIR. He stated <br />that this is adequate threaC oflitigation and that Council is free to meet in Closed Session. <br />Mayor Gardner added that the City Attorney is very stringent about the Brown Act and promptly <br />stops Council if they stray from issues under consideration. <br />III. CLOSED SESSION - 5:11 p.m <br />A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - <br />SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(b)): 1 <br />potential case <br />Volume 60 - Page 532 <br />