Word change Original ballot language, signed by 34,000-plus voters who signed petitions: Shall the San Diego Unified Port District's Master Plan be amended by the adoption of “The Port of San Diego Marine Freight Preservation and Bayfront Redevelopment Initiative?” Change proposed Tuesday by Port Commission: 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?

DOWNTOWN SAN DIEGO – The Port Commission on Tuesday decided to seek a change in the ballot language for an initiative that asks voters to allow a 40-foot deck for development over the port's downtown marine cargo terminal.

In a special meeting held at the request of a coalition of waterfront businesses opposed to the initiative, the commission voted 5-0 to send the amended ballot language – which they said was clearer and more accurate – to the county.

The old wording came from petitions signed by 34,000-plus voters. The proposed new wording comes from the Working Waterfront Group, which says it is prepared to sue if the county rejects the change.

Two port commissioners said they were uneasy about making changes to the ballot language, especially because the commission took a formal vote against the initiative in May.

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“I don't want the public to think we're playing political games here,” said Commissioner Mike Najera of Chula Vista. “I don't want them to think we're trying to fix this election so the outcome comes out like we want.”

Said Commissioner Laurie Black of San Diego: “I'm concerned that we don't get into a political advocacy position by changing the wording in the initiative.”

However, commissioners Rocky Spane of Coronado, Robert Valderrama of National City and Chairman Michael Bixler of Imperial Beach said the change is accurate and makes the ballot measure easier for voters to understand. Commissioners Stephen Cushman and Sylvia Rios were absent.

“This is a reasonable idea,” Spane said. “I think we should make the language as clear as possible. It shouldn't be subversive. If we can make it better, let's make it better.”

Bixler said the initiative backer Frank Gallagher was contacted by phone and e-mail and invited to attend the meeting but did not do so. An aide to Nancy Chase, a consultant to the initiative, attended as an observer.

Port Attorney Duane Bennett said the County Counsel's office was consulted about the proposed change in ballot language and was cool to the idea. But he said it could not cite any legal reason why a change in the language was improper.

Gallagher, chief spokesman in favor of the initiative, could not be immediately reached.

Ray Carpenter, representing the Working Waterfront Group, said the organization believed the ballot language was more precise. He said the group has engaged a lawyer and is prepared to fight for the wording of the initiative in court.

That effort may be moot, depending on the outcome of a lawsuit filed by the Port District to block the initiative. A hearing on that suit is scheduled for Sept. 4 in San Diego Superior Court.

Gallagher and Chase want to construct the platform over the 96-acre terminal for additional parking and for any of several developments, including a sports arena, a stadium, a hotel, or expansion of the nearby San Diego Convention Center.

The initiative also allows development on the terminal itself as long as maritime commerce remains the top priority.

To pass, a majority of voters in the port's five major cities must approve it. The cities are San Diego, National City, Chula Vista, Coronado and Imperial Beach.

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