Noise Settlement Plan Not Music to Everyone’s Hears

A Costa Mesa woman involved in a six-year legal battle to muffle the sound levels at Pacific Amphitheater proposed to settle the lawsuit Wednesday with a three-year plan to bring the noise within county limits.

Laurie Lusk, who lives close to the outdoor arena, submitted the proposed settlement during a private meeting with attorneys and Superior Court Judge Richard J. Beacom.

But the proposal appears to have created a rift in the leadership of the neighbors who are fighting for quieter concerts. Lusk’s husband, who is treasurer of Concerned Citizens of Costa Mesa Inc., helped draft the proposed settlement. The organization’s president, Russell Millar, said the three-year noise reduction plan brings residents too little relief too late.

“I’m very downhearted,” Millar said. “It’s taken so long already. I just feel pessimistic that we’ll ever get the relief we want through the judicial process.”

Laurie Lusk and Concerned Citizens of Costa Mesa Inc. are the only two plaintiffs in the lawsuit. As the only individual plaintiff, Lusk has the power to accept a settlement and end the lawsuit.

Attorneys are under orders not to discuss the case publicly. But Lusk, who is not covered by that order, said her proposal would require the 18,500-seat amphitheater to bring its sound levels to 5 decibels above the current Orange County limit during the 1990 concert season. The proposal calls for a 2.5-decibel reduction in 1991 and compliance with the county limit in 1992, she said.

The plan also calls for the amphitheater to limit concert traffic on Arlington Drive and Fairview Road and to route most of it into the bowl from Newport Boulevard instead, she said. Parking would be limited to a one-square-mile area around the Orange County fairgrounds. Lusk has also requested landscaping to obstruct the view of the parking areas from the adjoining neighborhood.

The proposed settlement includes a cash payment, but Lusk would not specify the amount. She said it would cover attorney’s fees and reimbursement to the city of Costa Mesa for the money it has spent to monitor the noise.

Beacom ordered Lusk’s proposal sealed and said any counteroffers from defense attorneys would also be sealed. He set further settlement negotiations for Jan. 12 to give the defense time to consider Lusk’s proposal and submit a counteroffer, if any.