Port Challenges Initiative to Redevelop the Tenth Avenue Marine Terminal

Port Challenges Initiative to Redevelop the Tenth Avenue Marine Terminal

Thursday, 10 April 2008

The Board of Port Commissioners is beginning a legal challenge of a proposed ballot initiative that if approved would amend the San Diego Unified Port District’s master plan to allow hotels, restaurants and possibly a sports stadium at the Tenth Avenue Marine Terminal.

The 6-to-0 vote was made in a closed session and announced at the board’s April monthly meeting by Port District Attorney Duane Bennett. Commissioner Laurie Black was not present during the discussion due to a possible conflict of interest because of an employment relationship with the District’s retained counsel.

The initiative, “The Port of San Diego Marine Freight Preservation and Bay Front Redevelopment Initiative,” is being proposed by a group known as San Diego Community Solutions, LLC. The group is headed by Richard W. Chase, Nancy Chase and Frank Gallagher. The sponsors must obtain at least 75,000 signatures of valid registered voters to qualify the measure for the ballot in November.

As part of its pre-election legal challenge, the board has retained legal counsel, who will provide an analysis of the initiative as it relates to state issues and federal Homeland Security concerns at the Tenth Avenue Marine Terminal. In addition, the outside legal counsel will be asked to do an analysis of legal issues relating to the Coastal Development Act and the Public Trust Doctrine, which outlines uses that are permitted on state tidelands.

The Board will also invite the measure’s sponsors to make a presentation at its May 6 meeting, when the legal analysis is expected to be presented. Public comment also will be accepted at the session.