Redevelopment: Judge
Waives Indians’ Claim
For Old Navy Base
Interrupted once by a court order, a transfer of 279 acres of former Naval Training Center land to the city of San Diego is again headed to the City Council.
City officials are working to bring the matter to the council “as soon as possible,” said Ric Grenell, a spokesman for Mayor Susan Golding.
This comes after a federal judge in Washington, D.C., turned down a request from a group of area Indian tribes to halt the land transfer. The tribes wanted to own and develop some of the former Navy base.
The tribes succeeded, however, in temporarily putting the brakes on the transfer.
The city plans to have the Corky McMillin Cos. redevelop the NTC property after choosing the National City-based firm for the project last summer. The $500 million plan calls for putting hotels, offices, housing and an arts and culture center on the NTC grounds.
Grenell said the council could take up the transfer at either its May 30 meeting or at a special session May 31.
A consortium of a dozen Kumeyaay Indian tribes had asked for a preliminary injunction, halting the transfer of NTC land until a hearing on a lawsuit the tribes filed in December.
The Kumeyaay consortium also asked for a temporary restraining order on the land transfer when it asked for its injunction May 8. The City Council, meanwhile, was prepared to make the transfer May 15 but was halted when U.S. District Court Judge Thomas Hogan granted a 10-day restraining order.
Request Denied
Last week, Hogan denied the request for the injunction to delay the transfer until the lawsuit is heard. A hearing date for the lawsuit has not yet been set, said Louis Guassac, the Kumeyaay Tribal Consortium’s project coordinator.
The consortium’s December lawsuit “alleges that federal agencies breached trust obligations to represent tribal interests in acquiring a portion of the land,” according to a statement provided by the tribal consortium. The suit also alleges Civil Rights Act violations against the city in its capacity as the local redevelopment agency for NTC.
“Saying that there was no statutory requirement holding the Bureau of Indian Affairs responsible for representing tribal interests in the Base Redevelopment and Closure Act process, Judge Hogan denied the injunction,” the tribal consortium statement continued.
Guassac said the tribes have been frustrated in their attempts to participate in the base redevelopment process.
‘Handled Fairly And Properly’
“We believe the process the city and Navy followed was handled fairly and properly,” said a statement issued last week by McMillin, which also noted company officials are “pleased with the outcome” of the court decision in Washington.
“We are moving toward council approval of our development and disposition agreement in mid-June and expect that the transfer from the Navy to the city will be allowed to proceed immediately,” the statement said.
Guassac, meanwhile, said tribal leaders will meet with their attorneys to discuss options and strategy.
