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c° - 239j <br />Agenda Item No. F-3(a) <br />MEMORANDUM <br />OFFICE OF THE CITY ATTORNEY <br />October 24, 1988 <br />TO: Honorable Mayor and Members of the City Council <br />FROM: Robert H. Burnham, City Attorney BY THE CITY COUNCIL <br />CITY OF NEWPORT BEACH <br />RE: Amended Newport Dunes Settlement Agreement OCT 2 4 1988 <br />— APPR(W,J) <br />Background: <br />In 1980, the Orange County Board of Supervisors approved the <br />Redevelopment Plan for Newport Dunes. The City of Newport Beach <br />filed a lawsuit challenging the adequacy of the EIR for the Plan <br />and alleging jurisdictional authority to regulate the proposed <br />development. This lawsuit was settled in 1983 with Council and <br />Board approval of the Newport Dunes Settlement Agreement. <br />On August 22, 1988, the City Council approved, in concept, <br />modifications to certain components of the Settlement Agreement <br />and authorized staff to discuss, with the County and its lessee, <br />amendments to provisions of the original Agreement relative to the <br />funding of circulation system improvements. These discussions <br />have resulted in the proposed amended Settlement Agreement <br />attached to this Memo as Exhibit "A." <br />Discussion: <br />We have prepared a chart that compares the original and amended <br />Settlement Agreements. (See chart at end of Memo). The <br />differences between the original and amended Agreement can be <br />summarized as follows: <br />1. Family Inn: <br />These provisions are the same, but the amended <br />Agreement incorporates 12,500 square feet of <br />restaurant space into the family inn; <br />2. Restaurant: <br />Restaurant development is the same, but 12,500 <br />square feet of allowable development is to be <br />