Voters Soundly Reject Proposition To Redevelop Tenth Avenue Marine Terminal

Wednesday, 05 November 2008
Contact: John Gilmore (619) 686-7206, (619) 341-5684; Irene McCormack (619) 686-6462, (619) 990-3576

The Board of Port Commissioners said today it is gratified by the voters' overwhelming rejection of Proposition B and it credited the San Diego Port Tenants Association for leading a coalition of business, labor, environmental groups, and the mayors from the Port of San Diego's five member cities and the entire local congressional delegation for the measure's defeat.

"This is a victory for San Diego, the State of California, the protection of the tidelands and the thriving maritime industry," said Board Chairman Michael Bixler. "This outcome reinforces the role of the Port in protecting the tidelands for all the people of California and not for the benefit of a few private interests."

The county Registrar of Voters has yet to certify the election, but unofficial election returns show voters rejecting the measure 70 percent to 30 percent amid opposition from the broad coalition including the maritime business and industry on the waterfront.

"We have been overwhelmed by the tremendous show of support," Bixler said. "Their efforts to expose this initiative for what it was made sure voters were not swayed by the very misleading title." On behalf of the Port, we are extremely grateful to everyone who has worked tirelessly on opposing this initiative," he said.

To prevent further challenges to state tidelands and Port management, the Port is carefully considering possible legislative options.

Port attorneys, at the direction of the Board, filed an unsuccessful pre-election challenge to the initiative, "The Port of San Diego Marine Freight Preservation and Bayfront Redevelopment Initiative," arguing that the measure improperly removed from the Port and the Board of Port Commissioners exclusive legislatively granted authority to amend the master plan while improperly placing that authority in the hands of the electorate.

The Board and others contended that the initiative mislead the voters by purporting to protect marine freight uses at the terminal. They argued that such an amendment to the master plan would introduce incompatible uses that would severely hamper marine freight operations, interfere with powers exclusively delegated by the California Legislature to the Port District and create a cloud of uncertainty over the future uses of the Tenth Avenue Terminal.

Additionally, the Board, along with the Navy Secretary, expressed concern that the initiative's proposed uses would severely impair the Port District's ability to comply with security regulations and to serve as a one of the nation's 15 strategic military ports.

The Port of San Diego is considered a strategic port by the military, which often uses the Tenth Avenue terminal for classified operations. Removing the Port from the military system of ports would be problematic for the military.

Proposition B was proposed by San Diego Community Solutions, LLC. In May, the Board voted unanimously to oppose the ballot initiative citing the threat to the Port's maritime operations, which includes shipments of steel used in shipbuilding and repair, windmill equipment, generators, building material such as sand and cement and fresh fruit, including millions of bananas brought to the Tenth Avenue Marine Terminal by Dole Fresh Fruit. Although the Port was prohibited from spending public money to influence an election's outcome, the law permits the Board, which is a legislative body, to take a position on a Port-related ballot measure.

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