Surfrider Reaches Contingent Settlement Of Its Lawsuit Over LB Carnival Cruise Line Terminal:
Carnival Agrees Not To Oppose Future Reconfiguration of LB Breakwater if Reconfig. Gives Carnival Similar Sway & Surge Protection; Add'l Details Below
Settlement Contingent on City Amendment Limiting Cruise Ships To One Terminal In QW Bay PD-21 Subareas 4 and 5
(June 7, 2001) -- Claiming victory in what it called its "battle to Sink the Breakwater," the LB branch of the Surfrider Foundation has announced contingent settlement of its high stakes lawsuit challenging the Environmental Impact Report (EIR) and city approval of a Carnival Cruise lines terminal near the Queen Mary in outer Queensway Bay. (Coverage of the suit, with link to Dec. 2000 complaint as filed, at: Surfrider suit)
The settlement agreement, inked between the Surfrider Foundation and Carnival Cruise Lines, is contingent on City Hall's approval of an amendment limiting cruise ships to a single terminal in QW Bay PD-21 subareas 4 and 5. The amendment, described as a clarifying matter by the LB City Attorney's office, would likely come before the City Council within a few weeks.
In December Council testimony concerning the cruise ship terminal, Surfrider advocates stressed the importance they placed on not taking steps that might impede future efforts to reconfigure the breakwater.
In pertinent part, the Surfrider's settlement agreement with Carnival provides:
- Carnival agrees not to oppose a future reconfiguration of the LB Breakwater if it provides Carnival with similar sway and surge protection as that currently afforded by the existing breakwater.
- Carnival states its support for a study of LB Breakwater configuration options "to determine the best design that will restor natural processes and rejuvenate habitate by providing added circulation to the waters between the current LB Breakwater and the shoreline while providing adequate protection of life and property."
- Carnival assures Surfrider its berth is designed to withstand forces generated by a 50-year story and could retrofit its berth to withstand additional forces;
- Carnival will contribute $30,000 to the Algalita Marine Research FOundation to develop the "Surfrider/Algalita Wetland Rehabilitation Project"
- Carnival will contribute $30,000 to the Aquarium of the Pacific to "further the development and restoration of wetlands and such fund shall be named 'Surfrider/Aquarium of the Pacific Wetland Project.'"
- Carnival states its "support for beach sand replenishment and protection and enhancement of water quality" along the LB shoreline, with the understanding that support for beach sand replenishment "is unrelated to support of or opposition to Breakwater reconfiguration" and the City of LB is curently conducting beach sand replenishment for certain beaches.
The Surfrider/Carnival settlement (and final dismissal of the suit) is expressly contingent on the City of LB modifying the Queensway Bay Development Plan in terms substantially similar to the following:
The Queensway Bay Planned Development District (PD 21) Subarea 4, Section A, subparagraph 8 is amended as follows: 8. Cruise Terminal and Related uses. Landside facilities related to and necessary or convenient to wharfs, floats, and related structures, to be used for embarking and disembarking passengers on sightseeing excursion boats and water taxis. One facility may be used for embarking and disembarking passengers on cruise lines.
Subarea 5, Section A, is amended by modifying Subparagraph 3 to read a follows: 3. One Cruise Terminal Berthing Facility.
Deputy City Attorney Dominic Holzhaus told LBReport.com that although the PD 21 language adopted by the Council was written in the traditional plural for zoning verbiage, only one terminal was intended and this has been the city's position in the litigation.
A clarifying amendment removing the plural language will be prepared and submitted to the City Council in the coming weeks. Council approval would end the suit against the city and allow implementation of the Surfrider/Carnival settlement agreement.