Newport announces likely settlement of fire-rings lawsuit
A lawsuit between Newport Beach and advocacy group Friends of the Fire Rings could soon end in a settlement, city officials announced this week.
The City Council voted 5 to 1 during a closed session Tuesday to approve a tentative agreement with the Newport Beach-based nonprofit. Councilman Keith Curry voted no. Councilman Marshall “Duffy” Duffield was absent.
Friends of the Fire Rings filed suit in Orange County Superior Court in September 2013 against the city and the South Coast Air Quality Management District, requesting that a judge strike down certain rules approved by the regulator. It also sought to bar Newport Beach from moving ahead with plans to reduce the number of fire rings on its beaches.
The rules, approved in July 2013, mandated a 700-foot buffer between fire pits and homes, limited fire pits’ use on days with poor air quality and gave more authority to cities to ban the pits.
In November 2013, Friends of the Fire Rings sought an injunction against Newport Beach’s plans, but a Superior Court judge denied the request two months later.
City Atty. Aaron Harp did not disclose the terms of the settlement but said it “resolves all issues between the parties.” He said Tuesday that a copy of the document would become public record once it had been “fully executed.” The document was not available Friday afternoon.
Curry said Friday that he could not discuss why he voted against the settlement until its terms are made public.
The agreement is the result of months of negotiations between the city and Friends of the Fire Rings. The settlement was conditional on the council’s final acceptance of a city fire ring plan approved by the California Coastal Commission this month, Harp said. The council gave the plan final approval Tuesday night on a 6 to 0 vote.
The plan calls for 16 wood and 16 charcoal-burning rings near the Balboa Pier and eight wood-burning rings at the Newport Dunes Waterfront Resort & Marina.
It also includes 16 wood and eight charcoal rings at Corona del Mar State Beach.
The city is still working with the state Department of Parks and Recreation and the Coastal Commission to finalize the plan at the state beach. The parks department leases the beach to the city.
Parks staff had indicated in a letter that the Coastal Commission does not have the authority to issue permits for a state-owned beach. But the commission said Friday that its staff should be able to sign off on the permit within 90 days without another hearing.
“I’m glad to have this finally in our rear-view mirror,” Councilman Scott Peotter said.