HomeMy WebLinkAbout2008/09/16 Item 6
CITY COUNCIL
AGENDA STATEMENT
~{:. CITY OF
-- (HUlA VISTA
SEPTEMBER 16, 2008, ltem~
ITEM TITLE:
PRESENTATIONS BY PROPONENTS AND OPPONENTS
REGARDING A NOVEMBER 2008 BALLOT INITIATIVE
ENTITLED "THE PORT OF SAN DIEGO MARINE
FREIGHT pRESERV A TION AND BA YFRONT
REDEVELOPMENT INITIATIVE" ~Qi1'0
DENNY STONE, ECo.N~MIC p.EVELOPMENT OFFICERV"
CITY MANAGER ~~y
'\ 4/5THS VOTE: YES D NO 0
SUBMITTED BY:
REVIEWED BY:
SUJ\iIMARY
Representatives of the proponents and opponents of, the November 4, 2008 General
Election Ballot Initiative entitled 'The Port of San Diego Marine Freight Preservation
and Bayfront Redevelopment Initiative" have been invited to present information on the
initiative. Staff has requested that the representatives limit any formal remarks and/or
presentations to approximately 10 minutes and that they be prepared to answer any
questions Councilmembers have regarding the initiative.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actlVlty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because it involves only a presentation on the initiative; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Thus, no environmental review is necessary.
RECOMMENDA nON
Council consider the presentations of the proponents and opponents of the initiative and
determine if Council wishes to take a position on the initiative.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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SEPTEMBER 16, 2008 Iteml
Page 2 of3
DISCUSSION
At its May 6, 2008 Board Meeting, the Unified Port of San Diego Board of
Commissioners (Port Board) adopted a resolution opposing a proposed ballot initiative.
entitled "The Port of San Diego Marine Freight Preservation and Bayfront
Redevelopment Initiative".
Proponents of the initiative propose to amend the San Diego Unified Port District (Port
District) Master Plan to provide for the redevelopment of the Tenth Avenue Marine
Terminal (TAMT). The Initiative's proponents circulated an initiative petition and
submitted signatures to the County Registrar of Voters.
Following the County Registrar of Voters' certification of the initiative's pel1tlOn
signatures, on August 5, 2008 the Port Board adopted resolutions 1) accepting
certification of the sufficiency of signatures by the County Registrar of Voters, 2)
requesting that the County Registrar of Voters place the initiative on the November 4,
2008 General Election ballot for the five port member cities (San Diego, Chula Vista,
National City, Coronado and Imperial Beach), and 3) appropriating necessary funds for
placement of the initiative on the ballot.
On August 5, 2008, the Port filed a lawsuit to block the initiative, asserting that attempts
by private development interests to use the initiative process to redevelop the T AMT
were unlawfuL On September 4, 2008, Superior Court Judge Ronald Styn ruled against
the Port. The Port appealed the decision and the appeal was denied.
As amended at a special August 19,2008 meeting of the Port Board, the ballot language for
the initiative will read "Shall the San Diego Unified Port District Master Plan be amended to
require commercial development of the Tenth Avenue Marine Terminal on an
approximately 96-acre maritime cargo complex located on the waterfront near downtown
San Diego, south of the Convention Center and north of the San Diego-Coronado Bay
Bridge?"
The City Council may not expend or authorize the expenditure of any City funds to support
or oppose the approval or rejection of a ballot measure by the voters. However, City funds
may be used to provide information to the public about the possible effects of a ballot
measure on the activities, operation or policies of the City if the information provided
constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in
reaching an informed judgment regarding the ballot measure. The City Council may go on
record at a regular City Council meeting in favor or opposed to a particular ballot measure.
Such an endorsement is not an improper expenditure of public funds.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers and has found no
property holdings within 500 feet of the boundaries of the property which is the subject
of this action.
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SEPTEMBER 16, 2008 Item &
Page 3 of 3
FISCAL IMP ACT
There are no direct fiscal impacts to the City as a result of the presentations.
ATTACHMENTS
1. The Port of San Diego Marine Freight Preservation and Bayfront Redevelopment
Initiative (16 pages)
2. San Diego Unified Port District Board of Commissioners, May 6, 2008 Agenda
Item 26 Staff Report (4 pages)
3. Tenth Avenue Marine Terminal, Aerial Photo (undated, 1 page)
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AiTACHMENT 1
INITL<\ TIVE MEASURE TO BE SUB1\HTTED DIRECTLY TO THE VOTERS
To the Honorable Board of Commissioners of the San Diego Unified Port District:
We, the undersigned and qualified voters of the San Diego Unified Port District, hereby propose an initiative
measure as set forth below to amend the Port Master Plan and to provide for the redevelopment of the Tenth A venue
Marine Terminal and surrounding area. We request that the proposed measure immediately be adopted by the Board of
Port Commissioners without change, or that it be submitted to the voters of the San Diego Unified Port District at the
earliest regular or special election for which this petition qualifies pursuant to the California Elections Code and other
applicable laws.
The text of the proposed measure is set forth below and on subsequent pages.
THE PORT OF SAN DIEGO MARINE FREIGHT PRESERVATION
AND BA YFRONT REDEVELOPMENT INITIATIVE
The People of the San Diego Unified Port District do ordain as follows:
Section 1. Title
This initiative shall be known and may be cited as "The Port of San Diego Marine Freight Preservation and
Bayfront Redevelopment Initiative."
Section 2,
Findings and Purposes
The People of the San Diego Unified Port District find and declare:
A, SummarY of Measure. The San Diego Bay tidelands under the jurisdiction of the San Diego Unified Port
District constitute a unique and valuable resource for the citizens of our community, The approximately 100-acre Tenth
Avenue tv1arine Terminal and the surrounding area are currently aging and underutilized, threatening the long-term survival
of maritime freight activities. In order to preserve the marine freight facilities and related employment opportunities, as
well as to maximize the commercial, recreational, environmental, and financial benefits of this property for residents,
businesses, and visitors, this initiative amends the Port Master Plan to establish maritime freight as a priority use on the site,
permits other uses that support marine freight activities, and establishes a framework for the redevelopment of this area
through a cooperative partnership of public and private entities affected by the project.
B, No New Taxes. This initiative prohibits the use of any existing general tax revenues and the imposition
of any new taxes upon the general public.
C. Increase Public Access, This initiative will significantly increase public access to the Port and to the San
Diego bayfront for residents and visitors.
D, Protect Environmental Oualitv. Promote Sustainable Desim, This initiative requires that redevelopment
of the Tenth Avenue Marine Terminal will incorporate renewable and sustainable designs, will provide environmental
safeguards, and will protect air and water quality.
E, Create New Jobs and Tax Revenues, The redevelopment project will create thousands of new jobs and
generate millions of dollars in new tax revenues. The measure will encourage new investment in the modernization of
marine freight facilities and the development of new marine freight business, and will provide new recreational and visitor.
serving activities that will transform this underutilized site into a commercial and public attraction.
F. Increase Parking and Imorove Traffic Circulation, The redevelopment project will add acres of new
parking and will include improvements to the existing road and highway infrastructure, easing traffic congestion in the area.
It will provide parking for the new activities at the Tenth Avenue Marine Terminal and provide additional parking for
nearby activity centers such as the San Diego Convention Center.
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G. Pennit New Recreational and Cultural Attractions. Uses supportive of the priority marine freight
operations may include, but would not be limited to, recreational and visitor-serving facilities. Supported uses under the
measure could include an aquarium, a cruise ship terminal, parks and other open-space facilities -- including bike paths and
pedestrian walkways -- an amphitheater or arena for large meetings, concerts and sports events, and other entertainment and
visitor-serving accommodations such as hotels, restaurants, and specialty shopping areas.
H. Advance Port Safetv and Securitv. The safety and security of the Port and its users will be a paramount
consideration in the redevelopment of the Tenth Avenue Marine Tenninal. The initiative mandates that the project be
designed in consultation with federal, state, and local law enforcement authorities and that it comply with all applicable
maritime security requirements.
Section 3,
Amendment of Port Master Plan
The Unified Port of San Diego Port Master Plan is hereby amended as described below. Added language is
underscored; deleted language is in strikeout; no changes are made to language that is in regular typeface or is not set forth
in the text below.
1. Amendments to Section III, Master Plan Interpretation
a, Table 4, titled "Port Master Plan Land and Water Use Allocation Summary:' found on page 12 of the
Port Master Plan, is amended to add "Multi-Use Maritime District" as a distinct "Industrial" land use classification and to
make the corresponding acreage adjustments in the land use allocation summary, as shown in the amended Table 4 attached
hereto as Exhibit 1.
b. The "Master Plan Interpretation" subsection of the "Commercial Uses" section, found on page 17 of the
Port Master Plan, is amended to read as follows:
Commercial areas, occupying approximately 360 acres of land and 415 acres of water, have been
designated in the Land and Water Use Master Plan Map in a total of seven major land and water use
classifications. These classifications and map delineations include land area for airport oriented
commercial activities; land area for commercial fishery operations along with commercial fishing fleet
berthing in water areas; land based commercial-recreation areas;!water areas for sportfishing berthing and
recreational marinas including boat repair facilities, Existing and proposed commercial areas are
delineated on the Map to define the general location of commercial areas. More definitive delineations of
the exact limits of commercial areas are provided on Planning District maps. Althoull'h not formallv
deslll'nated and delineated as a commercial area the Tenth Avenue Marine Terminal Multi-Use Maritime
District a]~o oennit~ and encourages commercial-recreational activities as mnnortive uses to the nrioritv
marine related industrial uses authori7.ed for that area
c. The "Master Plan Interpretation" subsection of the "Industrial Uses" section, found on page 23 of the Port
Master Plan, is amended to read as follows:
Industrial areas have been designated on the overall Master Plan Land and Water Use Element Map in
four classifications;; land area for Marine Related Industry, and corresponding water areas for Specialized
Berthing; land areas for Aviation Related Industrial activities; and land area for Industrial-Business Park
development. Marine Terminals, as a distinct use classification, ha~ been delineated in the Precise
Plans; however, in the overall plan, tenninals are grouped into the Marine Related Industry category.
Similarlv the Tenth Avenue Marine Termlnal Multi-Use Maritime Di-:trict has been delineated a-: a
distlnct use classification in the Precise Plan for Planninll' Dlstrict 4 but is included withl" the Marine
Related Indmtrv catelJ'orv in the overall olan The Land and Water Use Element Map illustrates the
allocation of industrial areas consisting of approximately 186 acres of water and 1,18 I acres of land.
d, The "Marine Related Industry" subsection of the "Industrial Uses" section, found on pages 23-24 of the
Port Master Plan, is amended to read as follows:
Marine Related Industry requires sites within close proximity to water bodies due to functional
dependencies on the industrial activity for direct access or for linkages to waterborne products, processes,
raw materials or large volumes of water. Prime waterfront industrial sites are in relatively short supply
and it is the intent of this Plan to reserve these sites for Marine Related Industry.
The primary users of marine related industrial areas are dependent upon large ships, deep water and
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specialized loading and unloading facilities, typically associated with shipbuilding and repair, processing
plants and marine terminal operations. Industries linked to these primary industrial activities can be
clustered together to capitalize on the benefits of reduced material handling costs, reduced ansite storage
requirements, faster deliveries, and a reduction of industrial traffic on public roads.
Existing, established marine-oriented industrial areas that have been devoted to transportation, commerce,
industry and manufacturing are encouraged to modernize and to construct necessary facilities within these
established areas in order to minimize or eliminate the necessity for future dredging and filling in new
areas. However, expansion into new areas can be accommodated if existing sites are pre-empted by other
uses, alternative locations are infeasible, and a curtailment of the project would adversely affect the
public welfare.
Activities suitable for the marine related industrial area include, but are not limited to, marine terminals,;
passenger tenninals; railroad switching and spur tracks; cargo handling equipment such as bulkloader and
container crane; berthing facilities; warehouses, silos, fueling facilities; bulk liquid storage tanks and
pipelines; shipping offices and custom facilities; power generation plants; ship building, repair and
conversion yards; marine rails, lifts and graving docks; steel fabrication and foundry; storage, repair and
maintenance of marine machinery and construction equipment; kelp and seafood processing, canning and
packaging; aquaculture; and marine related support and transportation facilities.
1\lthough commercial rnariculture uses relating to seafood production are not presently established on the
bay, research and experimentation, which has been conducted in the region as well as on the bay,
indicates that warm water stimulates the groVlth rate of certain marine organisms, such shrimp and
lobster. Assuming that economic viability of mariculture will be achieved, future sites for mariculture
activities could be located within close proximity to the existing thermal discharge areas of power
generation plants to take advantage of the available warm water. There seems to be some likelihood that
future aquaculture activities could be conducted in man-made tanks located in enclosed buildings and in
converted salt ponds. Areas of the bay designated on the Master Plan Map as Estuary and Salt Ponds also
include aquaculture and resource-dependent uses.
Due to the fact that public access to the bay is necessarily limited in established industrial sectors, it is the
intent of this Plan that, whenever feasible, industrial land and w~ter users are encouraged to invite the
public to view their operations and to share with the public that shoreline area not actually used for
industrial purposes by permitting visual access to the bay. The development and redevelopment of marine
related industrial areas requires careful consideration involving a balancing of the peculiar needs of the
development with the concurrent need for shoreline access.
The Tenth Avenue Manne Terminal Multi-Use Maritime District is includ.ed within the Marine Related
Industrv use classification in order to reflect the nrioritv that must he Q'lven within that district to the
oreservation modernization and exnansion of marine-related industrial uses includina the existina
marine freiaht and stor30'e activities at and around the Tenth Avenue Marine Terminal All uses that
would otherwise be oermitted in the Marine Related Industrv land area c1assificarionare likewise
uermitted in the Multi-Use Maritime District In addition by authonzino- the develonment of the air
ri2'hts over the marine terminal facilitv and the adiacent llI"ounds the Multi-Use Maritime District also
nerrnits and SUDnorts a variety of nuhlic and commercial recreational uses that are comnatihle with the
oriority rnarine~related industrial activities. The Multi-Use Maritime District further contemnlates the
incornoration of an off-street narkina facility to serve the existinO" marine terminal anv new nuhlic and
commercial recreational activities and other yisitor-servinll attractions in the area. The snecific uses that
are oemitted and contemolated in the Tenth Avenue Marine Tenninal Multi-Use Maritime District are
detailed in the Precise Plan for Planninll District 4.
e. The "Master Plan Interpretation" subsection of the "Public Recreation Uses" section, found on page 27 of
the Port Master Plan, is amended to read as follows:
A growing population. greater discretionary incomes and more leisure time all contribute significantly to
the increasing demand for both active and passive outdoor recreational opportunities. The public
recreation opportunities developed on tidelands by the Port District along with the commercial recreation
opportunities developed by private investment provide a balanced recreation resource for San Diego Bay.
When thoughtfully planned, both public recreational developments and commercial recreational
developments benefit from each other as off-site improvements, although as a matter of planning policy,
commercial activities within public recreation areas will be limited. Recreational areas must be of the
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appropriate type and size to be efficiently developed. administered and maintained by the Port District at
a reasonable cost This Plan places primary emphasis on the development of public facilities for marine
oriented recreational activities for the purposes of fishing, boating, beach use, walking and driving for
pleasure, nature observation, picnicking, children's playing, bicycling and viewing.
Recreation Area/Open Space is a category illustrated on the Land and Water Use Element Map to portray
a wide array of active and passive recreational areas allocated around the bay. In addition to tho~e areas
~neclficallv allocated and delineated for Public Recreation Duhlic recreational uses are also nermitted and
enconrae:ed in the Tenth Avenue Marine Terminal Multi-Use Maritime District More specific
infonnation on public recreational areas is provided at the Planning District level under the following use
categories.
2, Amendments to Section IV, Precise Plans
a. The Precise Plan for the Tenth A venue Marine Terminal: Planning District 4, found in Section IV, pages
70-75, of the Port Master Plan, is amended to read as follows. Table 12 and Figures 13 and 14 therein are also amended to
reflect the reclassification of the Tenth Avenue Marine Terminal and the adjacent grounds as the Tenth Avenue Multi-Use
Maritime District, the renaming and redrawing of the planning district subarea boundaries, and the corresponding acreage
adjustments that have been made in the land use allocation summary, as shown in the attached Exhibits 2, 3, and 4. No
amendments are made to the subsections of the Precise Plan addressing the Belt Street Industrial and Harbor Drive
Industrial Planning District Subareas.
TENTH A VENUE MARINE TERMINAL:
Planning District 4
Introduction
The Tenth Avenue Marine Terminal Planning District is a developed, marine-related industrial
area of great importance to the region's economic base. CUl'l'ORtdj' e'o'er 5Q,OQQ jees ""e pre"'l..e.. ell ",e
tidelaBas aas lifJlanas af i:his iaBtistFial afea. r 1ere iFfljl8Ftaat. tIbis is the only area in the entire San
Diego region providing established waterfront industrial sites with railroad service, close freeway access,
commercial port4related support functions, and deep water berthi,hg. With a water depth alonlrside the
berths ranlrinll from 30 to 42 reefer 10 feet Rear (lie m:ariRe teffilinal aRa 35 feet ia the i:aattstrial area,
#the Tenth Avenue Marine Tenninal can accommodate a wide arrav of maritime vesselsail stanElarEl
sarge sBips. Such deep water berthing cannot easily be created or replaced, so the value of this
waterfront industrial land is inestimable.
In 200R the voters enacted the Port of San DieQ'o Marine FreiCTht Preservation and Bavfront
Redevekmment Initiative adootinl7 a cornnrehensive ulan to create a multi-use maritime district that
includes both moderni:r.ed and imnroved industrial marine freillht facilities and new commercial and
DubEe recreational oooortunitie:o; at the Tenth Avenue Marine Terminal The most imoortant element of
the redevelonment olan is its incomoration ora c(eative architecrural and emrineerimz de.'~iQ'n for the
Tenth A venue Marine Terminal that allows for the develooment of annroximatelv 9/1 acres of air nuhts
above the marine terminal and the adiacent O'counds in order to accommodate Dort-related industrial and
commercial uses while simultaneously oermittinll new oublic recreational cultural and visitor.servinO'
commercial uses.
Pelieie. ef the asare;' Baffie Legall CeB1fll.Hnit,' Plall as.. L.c.P. t""'eateA the peFt re!at'..
tiEielaas' uses ',')i1:h. sasreaehmsat af Fssis.eatial, ~a13l:ie park aRe!. eemmersial1;lses ia aa area almest tstany
iR8.1.3Smal. Tee easie iaeSffif8.tieility af these uses f'laees fflSfe sf a e1;lcs.sa 8a the iaa1;lstriad I:1ses ~e
ree!.1:lS8 flsteatial eR':irsflfflBatr:H imflae~. The Pert ~.faster Plan seeks te 13reaeF'e aRe. ficstest this HniEJ.1;le
6eastal FeSSl:lCee Bj' J..i.tnitiao \iSBa t8 strietly marine erisat8e iaaestFial saes.
Precise Plan Concept
The area adjacent to the Port tidelands has been zoned for manufacturing since the 1930's and
older industrial activities now dominate. On the tidelands, the identifiable land use problems stem from a
critical shortage of space into which existing port-related industries can expand and new marine-related
industries can be acconunodated, a need for more automobile parking areas, demands by upland residents
for replacing port-related industrial sites with park use, and complications arising from efforts to clear
and redevelop incompatible uses.
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The Precise Plan as modified hv the Port of San DieO'o Marine Freiaht Preservation and
Bavfront Redevelonment Initiative continues the existing marine-oriented industrial uses and Sl:lfJf'8rtS
tR~ ae"elspment ef a"aila131e "aeaRt lanes" itk similar 1:lses, iB en1er te [3rs' :ae a Bomo.;ene1:1s iRS-bLstrial
elimate witH. aR asstifeel, reas8Ra131e lea; term ;1'8V:tflp0tefltial creates new aDen mace recreational.
cultural and waterfront~related commercial ODoortunities Preservation of the existincr marine freicrht
activities remains the hioohest nnoritv for this Planninoo District thrnuO'h the imolementation ofnolicies
that exnand and imnrove marine frei crht facilities hath to handle existing tenants and to attract additional
activities and tenants includincr new and exoanded cruise shin activities. The Port of San Diego Marine
FTeiO'ht Preservation and Bavfront Redevelooment Initiative is also intended to he in comoliance with the
Goods Movement Action Plan an initiative of the SchwarzeneO'ger Administration to imDrove and
exnand Callforoia' <; aoods movement industrY and infrastructure in a manner that will O"enerate iohs
increase mobilitv and relieve traffic conO'estion imnrnve air oualitv and Drotect Dublic health enhance
oublic and oort safety and imorove Californla's Dualitv of life
Infrastructure imnrovement<; are called for to facilitate the movement of vehicles entering and
exitina the Terminal and to increase "arkinoo Renewahle and sustainable design measures will be
imolemented to reduce air noise and water noJ1ution irno3cts at or related to the Terminal.
At the same time the ivfanne Freip'ht Preservation and Bavfront Renevelooment Initiative
nranases to revitalize the Planning District hv suooortinQ' substantial new Dubhc access oDoortunities and
waterfront~deoendent recreational anri commercial uses for this area bv authon7inO' the develonment of
the air noont!> ahove the existina marine terminal facilitv and its adiacent Qiounds A new nublic
orornenade will extend nublic access to the San Diego Bav Other soecific nmiect comnonents could
include ooen-snace and desiO'nated commercial recreational activities new restaurants lodlrinoo and retail
shooninO' establishments and cultural and entertainment facilities such as a downtown aauarium or
orofessional snorts venue Additional oarking and transDortation imorovements will both facllitate access
to the new commercial and recreational activities as well as orovide relief for other nearby activity
centers inc!udinO' the San DieQ"o Convention Center.
Land and Water Use Allocations
The Planning District consists of aDoroximatelv 250 ~acres of land and 114 acres of
submerged land for an overall total of ~ J:7+acres. The thrust of the use allocations is to retain and
continue marine related, water dependent industrial uses as the urioritv use for this PlanninO' District
wnile simultaneously creatinoo new sunoortive nuhlic access and commercial recreational oDoortunities in
the Tenth Avenue Marine Terminal Multi~Use Maritime District olanninO' subarea, 'Use allocations are
~in Table 12, graphically shown on the Precise Plan Map (Fi-ure 13), and discussed in the text.~
acrea2:e allocations are aonroximate and the fiaures are for illustrative nurnoses onlv and are suhiect to
change. The land area acreaO'e totals and allocations listed in Table 12 also do not include the additional
acreaooe that is effectivelv created in the rv{ulti~Use Maritime District bv authorizing the develooment of
the air ricrnts over the Tenth A venue Marine Terminal and adiacent Q'founds
Tenth Avenue Marine Terminal Planning District Subareas
To facilitate description of the existing and proposed uses, the Planning District has been divided
into planning subareas (see Figure 14).
R ailrnad Yard
This small nlanninO' subarea to the north and east of the Tenth Avenue Multi.Use Maritime
District and adlacent to the existina marine terminal facility is restricted to marine-related industrial uses
that are sUDoortive of the Port's activities. The orincinal uses of this subarea are nredominatelv heavy-rail
related. For examnle Burlinaton Northern Santa Fe Railwav rBNSF) utilizes this area for oa~senger and
freight car marshallinoo storaae and riO'ht-of-wav activities for freicrht trains seiV1n~ the Port's two
marine terminals
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Tenth A venne Marine TenninaIIHulti..Tt'Ye Maritime nistrlct
This subarea contains the various industries that relate to the marine terminal. As de<Crihefr ~
the Aori12007 San Die"o Unified Port District Maritime Bu<ioess Plan [lnd:: s~~~i~te~~~i~~~~n
the Tenth Avenue Marine Terminal ("TAMT") is an annroximatelv 9~-a~r~ , ri.'. ar.. ''Co~
located near downtowo San Die.o south of the Convention Center ;nd n~~ ~~ ~~ si:~J~:~-f;n on:~
Bav BriMe Tenants at the T AMT which onened in 1958 handle c~~;ai~~ 'z .d ~ ~~ " k~:~ ~
bulk car.os includin. sand and cement netro/eurn oroducts and vari~;;~ ~;~~~~;k ~n~ Oi~i~~ s
T AIvIT nre~entlv has R ooeratinO' herth~ totalinO' 'lame 4 /120 fe~t on ~h~~ eo w t r r t
The Tenth A venue Marine Terminal ha< rou.hlv one million total sQUare fee:~;s~ f~~ w~re<ho~~:
~nace and transit shed~ which incllJ(ie~ nearly 100 000 'If of refrifreration and ~~id ~~~ 0' , llije
covered stora.e is used for newsnrint drY bulk cement and hreakhulk ~ir.Xo~~~~~i~n~: ~f~v~;:~~~;;:~:;~,
The termInal offer~ dry hulk .:;tOTaO'e In a 32 900 metnc ton .:;torafre c~~ Ie I to ,0' 0 1 u....
silo.:; and two larO'e .:;teeJ 'Butler' tanks An aDen storage area ofroUJlhl~I~3 ~~~~~~ ~rli~~e~~ ~ ~~e
stora.e comnle, is used to store drY bulk "nd Additionallv drY hulk car.os were o~c~-;~~~~d ;~~~I
cars and the terminal ha~ R 5Vi linear feet (]f) oftr~ck (~nace farrouO'hlv 19/1 rail~~;~ t '01 e
The lar.est onen stora.e area at TAMT is a 20,5 acre contaioer ~a~~~i~v ~~r ~;;~ ~~~:h :r~it
Comnanv There are rou.hlv 10 to 12 additional acres available at T A~AMT :r:'-I;~ ~~;,;;<~ 0 t of
whIch are fullv OCCUDled at one tlme or another Onen ~toraO'e ar~a~ a; ::! ~ r
temnorarv Jav-down of carO'o that is offloaded but not ~tored at the terminal
There are two senarate liauid bulk 'tora~e facilities on the terminal ~~~ ~C:;;e a;bd f<~e ~:c:~v~
The total <::toralle caoacltv of the oneratlTIfr tank.:; l~ between 1 fi 1 000 and 211 el~ h , n s
are used for storin. iet fuel diesel fuel and fi]el oil The tanks on the inactiv~~~:ko~~: ~;: ::~ ~~
longer useful and Searle.:; Valley Minerals Ooerations Ioc which hold~ ;h~ I r O'e
comnlex has an ootion to Jea~e the land currentlv accunied bv thi.:; inactive ta~k fa~~
In accordance with the Port of San Dievo Marine FreiO'ht Preservation and Bavfmnt
Redevelooment Initiative a moderni7.ed and exoanded Tenth Avtnue Mari~~ T~~i~~l i~;ilitv will he the
central comnonent of the new Multi-Use Maritime District created bv the rn~j~iv~~:~ s~:w~ ~ F;~:~;
13 Redevelanment of the Tenth Avenue Marine Terminal shall O'ive DriOri~ th 11 . nO', an. _
related industrial uses' nreservina existin. marine frei.ht activities and emolo~m~;t' ::;;:e~~~~;w
marine frelO'ht bv modemizinO' or cnnstructinO' new marine freiQ'ht and storage faciiiti. 1 inO' a
new crui~e shin terminal to renlace or sunnlement exi~tinl7 faclIitie~' and imoJemenrinll infr~~~~~re
imorovement.:; to ameliorate access to the terminal ~nd the waterfront
Priority ~hall al~o be elven to the followinO' llses in the Multi-Use Maritime Di"trict, creation of
a new off-street narkin. facility to serve the marine terminal the cmise sbin ~~~~~i~~e~~~~:a;b~
Convention Center" and establishinll additional nuhlic recreMional faci1i~i~~' I '0' ' n
walkwavs bicycle oath~ oark~ and other onen snace adiacent to the waterfront
In order to nmvide the revenues to sunnar! the imnlernentation of the~e 0r10r1tv 1l.';;e~ as well a~
to. allow the nublic to take full advanta.e of the waterfront and its benefits t~~.;--r~~-~l;~ ~~~~f~e ,
DIstnct also oermlts and encoura.e< the develonment of the aIr nahts ahov~ e '. ~~ ~s
adiacent ",ounds for various visitor-servin. commercial recreational sunnort;~~ ~;~ :~~t ~~~ ~; M-~.i. Ie
with the nrioritvuses desi.nated for this area, Amon. the sunaortive uses c~~:~~; '~:~.;; f~~ ti;~ ~; _tl-
Use Mantlme DlstMct are' a downtown aauarIUm' an amnhltheater arena ~_ _~~__ ___._~ _r __ r~_
meetin.s concerts and snorts event" hotels restaurants and snecialtv retail establishme~~o ,
accommodate convention yisitor~ and crui~e ~hin oa~~enO'ers' and other entertainment co __umty and
commercial activities con.:;istent with the maritime character of the area
,The intent of the redevelonment alan for the Multi-Use Maritime Distric~i~~~~~~~:~ f1~~:~~I~tv
for conslderatlon of a wlde arrav of deve]ooment ootIOns conSl~tent wIth th~ ah~v O'h
it i~ anticioaterf that the new nuhlic and commercial recreational sunoartive uses as well as the actdi~i~~al
narkin. facilitv will be 10catednrimariIv in ,the new develonment that is aU:~~~:;;d:~~i~~ ~~5;E~
above the manne termmal facIlity and Its acilacent O'rounds the frrade~Jev;1 O'e 0 ~,~
excInsivelv for the existin. marine related indu,trial activities as Ion. as th~;~ ~~t;v;ti~;n~~~~ti~~I:n
nMonev In the overall deslO'n and allocatIon of acreaO'e In the redevelooed dl~tnct The c c tv
65-9
and sUDoortive uses selected for inclusion in the rede'lelooment nmiecr and their resnective locations
will he determined throU2'h 3 collaborative and consultative nrocess that includes oarticiDation hv rmblic
and nrivate entities affected hv redevelooment of the Tenth Avenue Marine Terminal includinO' existinO'
and nrosoective DafT tenants labor orO'ani7ations environmental and local communitv O'[OUDS business
renresentatives and visitor or convention O'roUDS
It 8.1s8 is I:he leeatieR sf alar;: am01:I.At sf t...raasflertatiea related u.::es stlee as streets aRd railreaEi
s'.Yireh:i.a~ yards. Tee r1aS!ef Flaa :311s fer 6ElBt1RBia; the manae efleatea iFlatlstrial aeri':iti:s, iaslHdif1;
raibreaas. TRe Har13ef S3nie8s maiateaaaee yarE!. ....i1l se fefl'l.c':ea aRa the remainiR~ aSFeage in Plaaaia;
Distriet ,~ '1 ill fe"8ft ta Har~Re RelatJa IFlaus~al ese.
Tao TeRta ,'."eR"e! lariso TmniRal, aaffipletoa iR 1952, is a ~a"ea laRefill '"ila eeeoreto
bulkheaes and FUeaer er timeer feeders aleRf; eaeh a ,,,,a f.ee, Taere are U12 f..et efli;ll.tea usaele
aert'ling J~a.e at the termieal, 327,522 s'l~are f..et sf oar.o s~a.e iR twe !faRsit saees, aRe 175,000
sEJ.'i:;lare feet ef stara.;e sF'aee if!. eRe "'areaEl1:1se aRa B.FJeillary slaeEls. .^~eeess te the tarmiRal is frSFR Harem
Dn' e sato a Re"I,' :eflOtruetea est." rGaa sallea Crese, Roaa. Railroaa traoks ~re'(ide aooeas eR Berths
3 tl:1:rEll:l;l=t S, all tFaRsi! sReas, aaE!. llr~ ?,area8ases. St€!' sElore efp:l.ipmE!Rt is a"ailaele as aeeeed.
Bertao I aRe 3, loeatea OR lae eertH siae ef!ho .om~!e", semaiR 1,112 f..et sf .saele eertlliRg
s~aeo aloegoide a '''ater ao~th ef 30 f..et ~ ILL"'. Fuel, 'vator, aRa eleetrioit,' are a"ailaele, Theoe aertao
are 1:1sed RElt oRl~/ fer .;eaefad tl;:aae items 8at alse fer oar;ees af :fisa, melasses (in steel sterage taR1:s
aa, iR; a 2,'168,000 galleR Ga~aoit,'), ORa tae reeeipt sf ~etreloum ~rOauolS, Oil aaRdERg aRa eiI
bURkerin; stefa;e taRks ea', e a ea~aeitJ' Elf 185,000 Barrels.
Berths 3,1, 'I.'., 5 aaa 13, Ieealee eR tae "'est siae eftao tenniRaI, ~re...iElo 2,5GG f..et sf "oaele
bertmn.; sf/ase at aR alsFl.;siEl.e v'ater aept:B. Elf 36 feet PiLL -nT, Taese eertas are l:is~a fef ;eFleralear~e. ~'\
ehemie.I f..rti1izer Imlk slerage ilfld eaggiRg ~I.nt eeelifJieo tho Rsrta soetioR shea adjaoeat te Berta 3 '
Bertho 7 aRa S, Iosatea eR tae se~ta siae sf the termiRal, ~reviae 650 f..et sf ","ille eertlliRg
s~aee '::ith aR alongoiae "(ater aop!h in DeffiG ..eao sf 36 feot MLL'I'. Berths 7 aRa 8 are ~sea ~riffiaril,'
fBr the I.aaiRg ef sulk 'J[~srt mfgeG' ulilizing lae Pert's eulkleader. This eleHatea eea"eyer Systoffi
eKeena, frem a rail ear unlsaaieg aailEl.iRg maioa heuoeo rail ear,~stt8ffi dum!, ana ratar)' a"m~ Hieilities.
:\dss :.BRootea t8 tae aulkloaaor is a 15,000 ,hert tOR aull, stsrage sile ,sffipleJ[, 'sffi~leteI,' auteffiated,
fer ti:1e st8ra;e eaa ReasER; ef either ;raias sr 8aem:ieals. It is fJrs':iElea '''itfi an ieeR gas explesi8R
pfeteetisl1 Sj'stsFFl. .\ 13a;;I1'1; [:JIaEt BEJ.uipf1sEL "'irft aE. 1:1Raer tra:k [eik-sael ear flit ami t.,' 8 ba;.;ia;
maesiFles is 1;Ise8. fer sa;oia; =aerniea:is aRa ether 88mFB.oEiities. If! this "ieiRity, a S8eGaE!. 'pri"ately
O'1:R.a ffiGlasses aaflaling aRa 'terage faGiEt,' is Ieeatea Gloso ts Berta, 7 aRd 3.
Hail f:aeil:ities seciR; the TeRth ~^~', Batie ~farifle Termi.aal "'ill sa e;~f1afldeEi tEi meet 6HFfBat
speratieR flGeaS. The ~aRta Fo rail sterage ,'ara aajaeGRt to the tormiRal is capaele sf 'tsnag a total sf
225 rail oar3, aee'luate to sor ioe tae leaaiRg ana unleadiRg sf shipmeRts up to 13,000 toR' ~or "esoe!.
DCfleFlGiB; SF! 0fJeFal::isRa1 88Rsie.eratieas, tRe Saara Fe Railread utilizes steFa;e ::a:rEis ia eteer laeati8B.s te
laaFla13 3~f1..~eFlts l.:fl ~e a~ :eas~ 30,C'QQ to::s t:0;;" "essel. T::e fa:: car :ap:aciti:s ef :f:1ese j.arEIs are: Carlsl3aa
(100), OGeaRsiao (120), ~"fGRto "ol1e, (80), aRa Naaca.1 City (1Z9), iAI traaoit ,aeas aRa .. areho~ses
at the Teat:R :\'"eaue ),fariFle TerF11:i.Flal are sac-sa 8) rail spurs.
The ~reseat sulk IeaaiR; fasiEt,' '::as ,enstreetBa iR 1962, It .ensiots sf a rail oar ~RleaeiRg
euiMiRg, 12 iSGa '::iae aelt eeaye, ers, a saiplsader aleRgsido tao seutheast face sf taB teFminal, a rail ear
mafsealli.at; j'arEl., aELe. FPJseellaRes\is aasilJaIj' srruetl.ffes aHa eEfl::lipmeFlt. Use of tee sB.lkleaE!.er is still
iasreasiRg. 'Aratemoat 8af;e ecptiplffieFlt susa as this aas a fligf1 maiRtl2!aaa.se faster; alse, it aflflea:rs lil:elj'
that J.3eriedie medifieatieFlS ffiHst 'sa maee te GeFflfll:: "'irE. GaaR;iFl; air llHalitj' regulatiof:1s.
BHlIc oarge, ~artiG"larI, f..rti1izer aRa otaer oaolllieals, eeRstillites taG Iargeot "'pert item of tao
Pert sf SaR Diege. lR rGeeRt years, iReroasiRgI,' larger e~lk Hassels '!:ita arafts g<eater taaR 36 f..et ha':B
ffiaae a~poar8Ileos at !he pert ana taefe is ."er)' isaieatisR that tao treaa ts',"are greater sa~asit,' iR e~Ik
',easels 'rill 38Rtial:le. Sim:i.larl), ;reater El.efl~a .' ill13eeeme aeeessar) at seme sf tae gsaeral ear:;e eertBs.
Tala ,.raster Plea for~sees eoatiatlatiElR aRa iat<lflsitieatien of the Ga1"ge 813sraaoRs at tae Teat.e
~\':ea1;le ~'fariRe TeIT:BiaaL E:t13aFlsioR of laRa area is Ret GOFlsidGFea im.miaeat 81:lt ma:' Be ae::SffilR88.atea
in. tBe future 81' atili:in,; Rears:: leasecl flarsels. Pl.=1::sieal im13r8"emeflts te tHe tern.:JiFlal are cl:tailea iR tJ:J.e.
Pr8jaet Lise.
6-10
Crassr Street Corridor
Te 13Fs"ia6 fef fJ1;lslie aesess tEl tae '''at~rfr8Flt, [Be Ele"elsfJm.eat 8ElFleept ]?repeses tEl reei...iae a
5.4 aere site t8 Faeilitate tBe 6sFl.struetiGFl Elf a 3.2 aere fl1;lslie reersatieaal area aajaeeat [8 H-~e say aRG a
2.2 aere Beef'''.at.r eanaael related ifldustriai faoility.
TRe p11:113lie IlfBa '::ild eff-er aeti';e aaa13aSsi\'8 reereatisRal 6J.3f'ortbHl1ties IB a laRElseafJeEl. settiag.
P1"8fJ13Sea ksilieia!:! maj' iasl1:'1l36 a kiesk, I:!atrj' arBsl:, res~8em3, eSFl.36SsisB staaa, 13eaelaes, j?isnie ta!:lIes
aREi 13areesues, la'~'B eKflaFlse, aBa a resFeatisRal flier. OR site 13iH'SR'; fer me area is fJre138see.. TRe
131:113118 area '~.~ll be sh.i:lelea [rem tBe aajaeeat iREh:lstrial site 8:' IaaaseafliRO' aaa a mas8FlIj' '::all, aRa frem
the s~reet 8;' laaElseafliag aRa FeReiRO'.
The fRafl.fle relatea iRGlistrial13BFtiea af the site "'ill 8e presef":ea te take aEl."aata.;e sf aEl.jaseat
aee13"'ater assess fer a ffil;llti fl\:lE}38se $asilit:.' fSf rel'aK, ser"ieia~, l3ertl1iB;, aad ear;a haB8.1iE.~ sf
HsmRg, eemmeFsial aRa mi1:itaf)' "essels. It is aa"aatagesl:is, f43r PIa":.' sesl:iritj' reassas, iliat tRis ssi1itj'
is RSFta Gfthe Sea Diegs Cerenaae Bay BriEioe; taat it is ayaila81~ to the majeriti' sf seep araft ','esseIa
asia; the Ba:."s maia el1annel; taat ~ae 3it3 8.8:3 s1:I13eFier trtlek afl6. Fail assess; aaa tRat it is ":eY lesatea
,.'ita resf'eet ta a ffiHltimae af ia8.l;lstrial ana eemrnereial Sl:if'138Ft faaiEties iR tas Rear "ieiaity.
,A~HleRg tae faeilities '.'hisl=1 may Be flFS"iaea Fer at tae mafiRs iaal:istflal site mai'se a pier ts
aile':: mariame ser:ieiag aRa re13ak. Tae flier may Re"e seat feRae]?S, (FesR ':. ater, aBEt sesenty ligktii1;.
~Ie maries rail'::ays ar etaer aa",ises ts lift 8saffi frem tHe ":ater are fllaaRee. RemeaiaJ. elreagiag tEl .mifH:lS
30 feet ~,fLL 'tv '(:ill aIle'" aEleqaate 'I ater aefll:h f-Sf the aee"e ':ariet:.' sf uses, iReluEliag ship re13air.
Ship r:efittifig aRa re~air ":erl: "'illea perfsFFRea '.,,;'aile tae seats are tiea te the pier aael aY
exteflef '''ar1l: ":ill ee peFf"SFffiea aS8\'e tRe .....ater HRe is aeeereaase .~~tA tae air IlFl.S Tater ~1:Ia1ity
stamlafds. SBl'flElFt aek'hies aRS S8 site f'aflrda;; "'ill 8e leeatee sa tBe laas13sFtisa sf tBe site. S.l3ase ,Fe!
stsFege sf eeestrnetiElR materials aRa e~1:Ii~Ff1eRt is J?re"iaea ia seme 13l:iilEliR';s aaa sa tae lamL Sfleeifie
im.fllemeBta~eR fJFsf'ssals ":ill13e e':aJ.1:latea Bi' ~e SaR Diege ,Air PsH1:ltiSR ':1388;81 Diamet, the Saa
Die~s ',lfater Q1.{alitj. CeRa'sl BSMa, aRa tae SaR riege N0ise .^.patemsat Cruee fer seFFl1?liaase witR all
applieaele FegalaheRs.
Section 4.
Coastal Commission Certification
Upon the adoption of this measure, the amendment of the Unified Port of San Diego Port Master Plan set forth in
Section 3 shall be submitted to the California Coastal Commission for certification in accordance with Chapter 8 of
Division 20 of the California Public Resouroes Code (commencing with Section 30700). The Board of Port Commissioners
is authorized and directed to take all actions necessary to secure the certification of the Port Master Plan amendment by the
Coastal Commission, including making any revisions or alterations to the Port Master Plan amendment that may be
required by the Coastal Commission in order to obtain certification, provided that any such revision or alteration must be
consistent with the purposes and intent of this measure.
Section 5,
Redevelopment Project for Tenth Avenue Marine Terminal
In order to implement the policies adopted in Section 3 of this measure, the Board of Port Commissioners of the
San Diego Unified Port District, no later than 60 days after the effective date of this measure, shall enter into an E~clusive
Negotiating Agreement (ENA) with a private development entity for the purpose of negotiating the terms and conditions of
a comprehensive Master Cooperative Development Agreement for the redevelopment of the Tenth Avenue Marine
Terminal Multi-Use Maritime Distriot in accordance with the priority and supportive policies and uses set forth in the Port
Master Plan, as amended by this measure. The ENA shall require that within 180 days of the execution of the ENA, unless
that time period is further extended by the mutual agreement of both the Port District and the selected private development
entity, the Port District and the selected private development entity shall prepare a redevelopment plan for the Tenth
Avenue Marine Terminal Multi-Use Maritime District. including design themes, building footprints, elevations, location of
parking facilities, vehicular and pedestrian access ways, and other factors fully descriptive of the proposed redevelopment
projeot. The purpose of the ENA is to allow the Port District to work with the selected private development entity to
finalize the terms of a Master Cooperative Development Agreement, conditional upon the Coastal Commission's
certification of the Port Master Plan's amendment. that addresses, among other matters: (I) a specific site design and plan
for the redevelopment of the Tenth Avenue Marine Terminal Multi-Use Maritime District, (2) the preparation and
processing of the environmental documentation necessary for the redevelopment project, (3) a financing mechanism for the
redevelopment project, and (4) the terms and oonditions of an option and lease agreement with the selected private
6-'81
development entity for redevelopment of the site.
A. Particioation Bv Coooerative AO'reements and Joint Develooment A2reernents. In order to
ensure that the concerns of marine freight tenants and employees are incorporated into the redevelopment plan and
its implementation, the development entity selected by the Port District for the ENA and Master Cooperative
Development Agreement shall have entered into cooperative agreements, joint development agreements, non-
disclosure and non-circumvention agreements, or similar agreements with existing tenants of the Tenth A venue
Nlarine Tenninal and with a labor organization or organizations representing a majority of the employees handling
marine freight on the site. Prior to its entry into the ENA or Master Cooperative Development Agreement wlth the
Port District, the development entity selected by the Port District shall also have offered to enter into cooperative
agreements or joint development agreements with representatives of the other major tenants or establishments
proposed for inclusion in the redevelopment plan.
B. Consultation and Public Particination. In addition to establishing cooperative agreements and
joint development agreements as set forth above, in order to ensure, to the maximum extent feasible, that the
concerns of entities affected by the redevelopment of the Tenth Avenue Marine Tenninal have been incorporated
into the proposed redevelopment plan, the private development entity selected by the Port District for the ENA and
Master Cooperative Development Agreement shall demonstrate that it has consulted with and encouraged
participation in the planning process by public and private entities affected by the proposed redevelopment plan,
including but not limited to labor and environmental organizations, interested community groups and individuals,
waterfront-related businesses and community-improvement organizations, and the San Diego Convention Center
and the San Diego Sports Arena.
C. Preserving Maritime Security. In order to ensure the safety and security of the Port and its users,
in preparing the redevelopment plan for the Tenth Avenue Marine Tenninal Multi-Use Maritime District, the
selected private development entity shall consult with the United States Coast Guard and other law enforcement
agencies with jurisdiction over the facility. The Master Cooperative Development Agreement shall provide that
the final redevelopment project must incorporate necessary and appropriate security measures and must comply
with all applicable maritime security requirements.
D. Prohibition on Use of Existing General Fund Revenues. The Master Cooperative Development
Agreement shall provide that redevelopment of the Tenth A venue Marine Tenninal shall be privately financed,
without the use of any existing general fund or tax revenues of the Port or of any of the constituent Port Cities.
However, any new incremental tax revenues generated by the implementation of the redevelopment activities may
be dedicated to the implementation of the master plan.
Section 6,
Effective Date
In accordance with California Elections Code section 9320, this initiative shall be considered as adopted upon the
date that the vote is declared by the Board of Port Commissioners, and it shall go into effect ten (10) days thereafter. Upon
the effective date_of this initiative, the amendments made in Section Tbree are hereby inserted into the Unified Port of San
Diego Port Master Plan, and all actions of the Board of Port Commissioners shall be consistent with the policies and
provisions of this initiative.
Section 7,
Interim Amendments to Port Master Plan
The Unified Port of San Diego Port Master Plan in effect at the time the Notice of Intention to propose this
initiative measure was filed with the Port of San Diego constitutes an integrated. internally consistent and compatible
statement of policies and implementation provisions for the Port of San Diego. In order to ensure that the Port Master Plan,
as amended by the provisions of this initiative, remains an integrated, internally consistent, and compatible statement of
policies and implementation provisions for the Port, the provisions adopted by this initiative shall prevail over any
conflicting revisions to the Port Master Plan that may have been adopted or implemented between the date of the Notice of
Intention and the date the amendments adopted by this initiative measure are inserted into the Port Master Plan. To this
end, any conflicting revisions to the Port Master Plan adopted between the date of the Notice of Intention and the date the
amendments adopted by this initiative measure are inserted into the Port Master Plan shall be null and void in their entirety
and without any legal effect.
6-91 2
Section 8.
Construction
To the maximum extent authorized by law, this initiative shall be interpreted in a manner consistent with the right
of initiative reserved to the people by the California Constitution. Without limiting the generality of the foregoing, nothing
in this initiative is intended to diminish or otherwise alter applicable requirements of any state or federal law.
Section 9.
Severability
This initiative shall be liberally and broadly construed to achieve the purposes stated in the initiative. If any
provision or portion of this initiative is for any reason declared to be invalid by a court. the remaining provisions and
portions shall be deemed severable and shall nonetheless remain in full force and be given full effect to the extent that they
can be made applicable. and the People hereby direct and authorize the court to correct, interpret. and add words to this
initiative as necessary to effectuate the intent of the remaining provisions or portions of this initiative.
Section 10.
Enforcement
A. This initiative is intended to impose a mandatory duty upon the Board of Port Commissioners of the San
Diego Unified Port District to redevelop the Tenth Avenue Marine Terminal Multi-Use Maritime District in accordance
with the terms and conditions of this initiative and applicable state law. To that end, the duties imposed upon the Board of
Port Commissioners pursuant to Sections 4 and 5 herein shall be enforceable by an action for writ of mandate filed in the
Superior Court of the County of San Diego by any qualified elector of the Port District or by any other aggrieved party.
B. Time is of the essence in the implementation of this initiative. Unless specifically enjoined from
proceeding with the implementation of this initiative by a court of competent jurisdiction. the Board of Port Commissioners
shall comply with the terms and conditions of this initiative notwithstanding any threatened or existing legal challenge to
the validity of this initiative or to any portion thereof.
Section 11.
Conflict with Other Measures
If a conflict exists between this initiati ve and any other measure approved by the voters at the same election. the
provisions of this initiative shall take effect except to the extent that they are in direct conflict with the provisions of such
other measure and the other measure receives a greater number of af:firmablve yotes.
Section 12.
Corrections and Implementing Actions
The Board of Port Commissioners of the Unified Port of San Diego is hereby directed to reprint the Port Master
Plan and all corresponding figures and tables to reflect the adoption of this initiative. The Board is hereby authorized and
directed to make any corrections in the language, pagination, paragraph numbering, tables, maps, figures and other aspects
of the Port Master Plan as may be necessary to ensure that the Port Master Plan, as amended by this initiative, accurately
and completely reflects the amendments adopted by this initiative. The Board is further authorized and directed to take any
and all actions that may be deemed necessary to implement and give effect to the amendments of the Port Master Plan
adopted by this initiative, including such actions as may be necessary to provide consistency between these amendments
and other Port planning documents. Notwithstanding Section 13 of this initiative, the Board of Port Commissioners is
specifically authorized to amend the Port Master Plan by updating the Project List for the Tenth A venue Marine Terminal:
Planning District 4 (Table 13) to incorporate therein the specific redevelopment projects selected for the Tenth Avenue
Marine Terminal Multi-Use Maritime District and to make any other Port Master Plan amendments necessary to implement
the Master Cooperative Development Agreement adopted pursuant to Section 5 of this initiative.
Section 13.
Amendment
Except as provided in Section 12 herein. this initiative may be amended only by a vote of the people at a regular or
special election held in accordance with the requirements of the California Elections Code.
10
6-13
EXHIBIT 1
TABLE 4: Port Master Plan Land and Water Use Allocation Summary
LAND USE
ACRES
COMMERCIAL......~...~._......... 373.5
Marine Sales and Services.......... 18.8
Airport Related Commercial "...... 3a.0
Commercial Fishing....................... a.3
Commercial Recreation..."....~.. 304.1
Sportflshing ..........._..............._..... 4.3
TOTAL % of
ACRES ACRES TOTAL
WATER USE
COMMERCIAL ......~................. 383.0......... 756.5...........14./0
Marine Services Ber1l1ing ............17.7
Cornm Fishing Berthing............... 1 a.a
Rae Beet Berthing ..................... 335.4
Sportflshing Ber1l1lng....................11.1
INDUSTRIAL........_.~...~.....~. 1206.4 INDUSTRIAL ............................ 217.7 ....~. 1424.1...~....~26%
Aviation Related Ind1J$trlal......... 152.9 Specialized Berthing ................. 170.5
Industrial Business Parl<.............113.7 Terminal Ber1l1lng ........................ 47.2
Marine Related Industrial.......... a*+ ~
Marine Tennlnal ......................... +49:6- 90.9
Mlllti-U!.9 Maritime ni~trid 96 0 =
InlemaOonaJ Airport '''~'''''''''''''' 468.1
PUBUC RECREATiON.~........~ 280.5
Open Space "..............................19.0
Parl</Plaza ...................."...........146.4
Golf Course ................................. 97.8
Promenade.................................. 17.3
CONSERVATiON ...................... 399.2
Wetlands..............._................_.304.9
Hab~at Replacement......"........." 94.3
PUBUC FACILITIES............~... 222.9
HartJor Services............................. 2.7
City Pump Station............"............ 0.4
St_1s ....................................... 219.8
MIUTARY ~.~....~~...........~.....~... 25.9
Navy Fleet School....................... 25.9
TOTAL LAND AREA......~....... 2508.4
PUBUC RECREATiON ............ 681.0......~. 961.5......~...18%
Open BaylWal&r........................ 681.0
CONSERVATlON...~.......~......1058.6.......1457.8~.........27%
Estuary .................................... 1058.6
PUBUC FACIUTIES ................ 394.3.......~ 817.2..~.......12%
HartJor Services .......................... 10.5
Boat Navigation Corrtdor,......,... 284,6
Boat Ancl1orage........................... 25.0
Ship Navigation Corridor...."....... 50.0
Ship Anchorage........................... 242
MIUTARY~............~.............~...125.6.....~..151.5.............3%
Navy Sman Craft Ber1l1ing............. 6.2
Navy Ship Ber1l1lng ....................119.4
MASTER PLAN LAND AND WATER ACREAGE TOTAL~...........~...............~..........~...5368.6.........100%
TOTAL WATER AREA............ 2860.2
61114
EXHIBIT 2
TABLE 12: Precise Plan Land and Water Use Allocation
TENTH AVENUE MARINE TERMINAL... PLANNING DISTRICT 4
TOTAL % of
LAND USE ACRES WATER USE ACRES ACRES TOTAL
INDUSTRIAL ...... ................................. 228.7 INDUSTRIAL .................. 113.9............342.6..............94%
Merirl8 T8nRj"8f.........,......................_..~ Terminal Berltling........._.. 15.3
Marine Refated Industrial ............-132.Z~ Specialized 8_lng.........98.6
!.tJIl-U..l.Witlm.Ills<Ict...................::::=:.. ~
pueuc RECREATlON ........................... 3.S ...................................................................3.5...............1%
Parl<iPlaza ............................................... 3.5
pueuc FACILmES ............................. 17.6 .................................................................17.6...............5%
Streeis ................................................... 17.6
TOTAL LAND AREA........................... 249.8 TOTAL WATER AREA... 113.9
PRECISE PLAN LAND AND WATER ACREAGE TOTAL........_.........._...................363.7 ........... 100%
,
6115
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Notice of Intention to Circulate Initiative Petition
Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within
the San Diego Unified Port District for the purpose of amending the Port Master Plan in order to preserve and modernize
the marine freight facilities at the Tenth A venue Marine Terminal. A statement of the reasons for the proposed action as
contemplated in the petition is as follows.
The Tenth Avenue Marine Tenninal is one of two marine freight terminals owned and operated by the San Diego
Unified Port District. The Tenth Avenue Marine Terminal consists of approximately 100 acres located on San Diego Bay
tidelands between the San Diego Convention Center and the Coronado Bridge. It is and has been a marine-related
industrial area of great importance to the region's economic base. Many jobs are provided both at the Terminal itself and
on the tidelands and uplands of this industrial area. The Tenth Avenue Marine Terminal is the only area in the San Diego
region providing established waterfront industrial and warehouse sites with railroad service, dose freeway access,
commercial port-related support functions, and deepwater berthing. With a water depth of 40 feet or more alongside its
berths, the Terminal can accommodate a wide array of maritime vessels.
In recent years there have been various proposals to eliminate marine freight activities at the Tenth Avenue Marine
Terminal in order to develop more hotels. retail shopping malls, or major sports facilities, such as a new stadium or arena.
These proposals have been rejected to date by the Board of Port Commissioners because they were not deemed to be
consistent with the Port's mission, which includes managing the scarce tidelands resource in order to preserve a balance
between recreational, tourism, marine freight and other activities, and because of the opposition of existing Port tenants,
their employees, and others.
Due to the uncertainties created by such proposals. investment in the modernization of marine freight facilities and
the development of new marine freight business has been inhibited. Both private and public entities are discouraged from
making such investments because they do not have sufficient assurances that marine freight will not be displaced by other
activities.
The Port of San Diego Marine Freight Preservation and Bayfront Redevelopment Initiative would amend the Port
Master Plan to require the participation of marine freight tenants and marine freight labor organizations in the process of
preparing and implementing a redevelopment plan for the Tenth Avenue 1tfarine Tenninal that establishes maritime freight
as the priority use on the site, while simultaneously permitting other uses that will support marine freight activities.
Because the initiative can only be amended by a further vote of the people, it will provide the assurances necessary to
encourage new investment in the modernization of the existing marine freight facilities and the development of new marine
freight business, generating thousands of jobs and millions of dollars in new revenues. Redevelopment of the Tenth
Avenue Marine Terminal in accordance with the initiative will also create new recreational and visitor.serving activities
that will significantly increase public access to the San Diego Bayfront and will transform this underutilized site into a
valuable commercial and public attraction.
Frank E. Gallagher III
5290 Val]ery CoUrt
San Diego, Ca 92]30
60-J 8
THE PORT OF SAN DIEGO MARINE FREIGHT PRESERVATION
AND BA YFRONT REDEVELOPMENT INITlA TIVE
VOTER:
Please sign
'etition 1 time
ONLY.
NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID
SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
All signers of this petition must be registered to vote in the San Diego Unified Port District c~h:~,~o~u~n 6~y
New [i]
:egistratian
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PRINT
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NO PO Boxes, NO routes, NO abbreviations, NO ditto martts
Declaration of Circulator
Port of San Diego
STATE OF CALIFORNIA ss.
I,
dence address is
I circulated this section of the petition and witnessed each of the appended signatures being written. Each signature on this petition is, to the
best of my information and belief. the genuine signature of the person whose name it purports to be, All signatures on this document were
obtained between the dates of and
(month, day, year) (month, day, year)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on , at
URGENT: You must sign here as circulator, after the above signatures have been obtained.
, am a voter or am qualified to register to vote in the San Diego Unified Port District. My resi-
(month, day,
year)
6
19
(cnmrlete si2:nature indicatin~ full name of circulator)
ATTACHMENT 2
AGENDA ITEM 26
SAN DIEGO UNIFIED PORT DISTRICT
DATE: May 6. 2008
SUBJECT: DISCUSSION REGARDING INITIATIVE ENTITLED "THE PORT OF SAN
DIEGO MARINE FREIGHT PRESERVATION AND BAY FRONT
REDEVELOPMENT INITIATIVE", DIRECTION TO STAFF ANDIOR
ADOPTION OF RESOLUTION CONCERNING INITIATIVE
EXECUTIVE SUMMARY:
The Port was presented with a "Notice of Intention to Circulate an Initiative Petition",
The Initiative sponsors are circulating this petition to address future land-use issues at
the Tenth Avenue Marine Terminal.
The Port. as a public agency, is prohibited by state law from expending public funds to
influence the outcome of this election. Notwithstanding that fact. it is lawful and
appropriate for the Board to develop a policy position with regard to this Initiative. The
position could be either to support. oppose or remain neutral.
For the reasons indicated in the discussion section below, Staff recommends that the
Board take a position of opposition to this Initiative.
RECOMMENDATION:
Staff recommends that the Board oppose the Initiative.
FISCAL IMPACT:
None with this Board action.
DISCUSSION:
The Port has been presented with a "Notice of Intention 10 Circulate an Initiative
Petilion: which if it garnered approximately 75.000 signatures from registered voters
residing in lhe five member cities. would place on the November 2008 general election
ballot an Iniliative entitled "The Port of San Diego Marine Freight Preservation and Bay
Front Redevelopment Initiative." The Initiative would allow for non-maritime uses at lhe
Tenth Avenue Marine Terminal (TAMT) by amending the Port Master Plan to require
the participation of marine freight tenants and marine freight labor organizations in a
"process' that would involve the preparation and implementation of a redevelopment
plan for the TAMT. The Initiative states that it would establish maritime (marine) freight
as the "priority" use on the site while simultaneously permitting other uses that "will
support marine activities' while fostering a "redevelopment" of the T AMT to create "new
recreational and visitor-serving activities that will significantly increase public access to
the San Diego Bay Front and will transform this underutilized site into a valuable
San Diego Unified Poo District Board Meeting - May 6, 2008
6-20
AGENDA ITEM 26
Page 2 of4
commercial and public attraction. The Initiative language Is not specific about the uses
generally described as recreational and visitor-serving. However, the Initiative
suggests, and media reports (which have not been clarified by the proponents) have
described, a concept of "double-decking" the TAMT to "preserve" marine uses on the
bottom deck while exploiting approximately 96-acres of "air rights" with non-marine uses
including hotels, a sports venue and other public amenities on the top portion.
This Initiative is not sponsored by the Port or the San Diego Port Tenants Association.
The Initiative sponsors have had sporadic communication with officials of the Port and
in those communications; they have simply stated that they were proceeding with the
Initiative. The proponents have not asked the Board to consider, under its authority, an
amendment to the Port Master Plan. Instead, they are invoking the power of Initiative
to effect the revisions they seek. The Board has three possible positions it can adopt if
it chooses to adopt a policy position on the Initiative at this stage:
1. Support the Initiative
2. Oppose the Initiative
3. Remain neutral-neither support nor oppose the Initiative
Changing or broadening the land use of the TAMT is not a new concept. In July of
2004, after a lengthy and vigorous public hearing, the Board of Port Commissioners by
formal vote adopted the pOlicy that the TAMT could only be used for maritime cargo
purposes and operations. This policy position was in response to proposals to utilize all
or a part of the TAMT for the site of a football stad,ium and other non-maritime cargo
uses. '
The issue of using the T AMT for some other purpose rather than the maritime cargo
terminal that is called for in the Port's Master Plan continues to be proposed in the
media and in other venues. Pursuant to the San Diego Port District Act, the State
Legislature has designated the Board of Port Commissioners as the policy-making body
with sole responsibility for determining what land uses are appropriate for the TAMT,
and the remainder of the state-owned land granted to the Port by the State of
California. The Board acts as trustee for the State in all matters it considers.
Staff Analysis and Recommended ActIon:
Staff recommends the Board oppose the Initiative because, but not limited to the
following:
1. The proposed non-marine industrial uses are inherently incompatible with the
operations of the TAMT. Among other things, the introduction of non-industrial
uses could impose undue burdens on existing industrial uses to reduce potential
environmental impacts. Additionally, operational requirements for existing
marine industrial uses militate against any incursion into the air space above the
T AMT or at grade-level. By some estimates, approximately 220-feet of
San Diego Uniiied Port Distrid Board Meeting - May S, 2008
6-21
.
AGENDA ITEM 26
Page 3 of4
clearance would be necessary to allow existing cargo cranes to operate
effectively beneath a deck constructed above the TAMT. The incursion of non-
industrial uses at the T AMT actually threatens the continued viability of marine-
industrial uses at the TAMT, and would undermine the major thrust of the Port
Master Plan's vision for the TAMT.
2. Introduction of non-marine land uses appears to present major challenges to the
Ports ability to compiy with federally mandated maritime security standards and
requirements. Security at the TAMT is being enhanced pursuant to federal' law
following the events of September 11, 2001. Controlled access, much like
secure areas at an airport, is required of all Ports by the Department of
Homeland Security. If the areas above or below the "double-deck are by
definition "uncontrolled" to allow access to hotels, sports venues or open space,
the Port's ability to maintain a secure TAMT appears problematic. Moreover, the
TAMT is a federally designated "Strategic Port Facility" that is actively utilized by
the United States Department of Defense for military cargo shipment handling.
Security during these shipments is even more stringent than the normal maritime
security conditions noted above and required by federal law.
3. The Initiative's "deck"'concept appears to be infeasible from an engineering
perspective. A massive structure spanning all or part of the Terminal would
require support columns spaced throughout the TAMT. Such columns could
impact the at-grade space and thereby impact marine freight operations. For
example, support struts or columns would result in a net reduction in space at
the TAMT and introduce structural elements that restrict movement and storage
of cargo. For that reason, the Initiative deck structure envisioned by the Initiative
would appear to impact - not enhance - the viability of the T AMT and lessen the
Port's ability to meet the maritime cargo needs of our region, state and nation.
4. The Initiative language is unclear. The title and much of the Initiative text appear
to convey the message that the Initiative would "protect" the TAMT. Given the
above considerations, however, it is not certain that the Initiative would result in
the protection of maritime freight operations at the TAMT. Staff's review of the
potential effects of the Initiative leads to a conclusion that the Initiative could
threaten marine freight uses at the TAMT and thereby impact the continued
viability of the Port.
5. The Initiative rests on the premise that the TAMT is underutilized and requires
protection. The facts do not support that premise. In fact, the TAMT is not an
"underutilized site in need being transformed into a valuable commercial and
public attraction." The TAMT is a maritime cargo facility through which much of
the region's construction related materials flow (sand, cement, etc). Over the
past five (5)-years, the TAMT has processed 12.6 million tons of maritime cargo.
The economic impact of the maritime cargo activities in San Diego adds $1.6
billion to our region's economy. This influences into 14.400 direct jobs. Average
San Diego Unified Port District Board Meeting - May 6. 2008
6-22
AGENDA ITEM 26
Page 4 of4
compensation of $54,000.00 per year. Projections for future year's maritime
cargo growth at the TAMT remain in line with past year's growth. The Port
Master Plan, in its current form, carries out the legislative mandate to the Port
District to administer the tidelands for the public trust. As part of that trust, the
Port - through the Port Master Plan -- has designated the TAMT for marine
freight uses. In short, both the Port District Act and the Port Master Plan are
sufficient to protect marine freight uses at the TAMT without this Initiative.
6. There are concems as to the legal efficacy of the Initiative and its attempts to
amend the Port Master Plan. The Initiative raises concerns of State pre-emption
and inconsistency relative to the Port Master Plan. The Initiative stakeholder
process for amending the Port Master Plan also raises potential issues as to
whether the Initiative constitutes a valid legislative action.
For the above reasons, the Staff recommends that the Board oppose the Initiative and
that such opposition be conveyed in writing to every elected and appointed office holder
in San Diego County, the California State Lands Commission. the California Coastal
Commission, members of the California Legislature, the Governor, Lt. Governor,
Controller. and Attorney General of the State of California, as well as other parties as
may be appropriate in the discretion of the Chair of the Board.
Port Attorney's Comments:
The Port is restricted from using public funds to advocate for or against the subject
Initiative. However, the law does afford a legislative body to take a formal position on a
measure to be presented to the electorate. The Board of Port Commissioners may
legally adopt a resolution to state its formal pOSition on the Initiative, if desired.
Environmental Review:
Not applicable.
Equal Opportunity Program:
Not applicable.
PREPARED BY: Dan E. Wilkens
Executive Vice President
San Diego Unified Port District Board Meeting - May 6. 2008
6-23
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-----Original Message-----
From: Frank Gallagher [mailto:csc@cts.com]
Sent: Tuesday, September 16, 2008 12:11 PM
To: Denny Stone
Subject: Re: Chula Vista Council Meeting Comment
Ifpossible, we'd appreciate it if the following comments could be read to the Council that
state our position;
We appreciate the opportunity to present the 10th Ave. Marine Terminal Modernization
project fur your consideration. However, based upon comments from elected and
appointed officials from Chula Vista, it appears to us that the vote to oppose this project
has already been made.
Having just received clearance from the Superior Court of San Diego as well as a
unanimous decision from 3 Appellate Court Justices upholding the public's right to vote
on this project because its public land, we feel it's best to let the Initiative run its course
and let the voters decide the outcome.
Thank You
San Diego Community Solutions