The Debate Over Midway Rising Continues

By Paul Krueger

There’s lots of interest in a very controversial legislative proposal that would insulate developers of the proposed Midway Rising mega-housing project (and 16,000 seat “entertainment center”) from legal challenges. Senate Bill 344 would exempt Midway Rising from the legitimate scrutiny — including possible lawsuits — warranted for projects of this size (4,400 housing units) and scope (apartment towers up to 25 stories).

Supporters of this special legislation say Midway Rising needs this special exemption because San Diego desperately needs more housing.

Opponents claim it’s a special dispensation for billionaire developers who have unparalleled influence at City Hall and the state Capitol.

The debate is playing out hourly on social media, and includes these exchanges I had with two proponents of Midway Rising, who also support the proposed waivers.

From Facebook:

Vince Outlaw:  

Sixty-seven percent of all respondents favor the project, with over half of those saying they ‘strongly’ favor it.

Oh, and voters approved it twice. Paul, again, leading the gerontocracy against building the San Diego we need with abundant housing and public transportation options. Resist the backwards looking gerontocracy!

Paul Krueger replies:

Vince, your disingenuous use of age,(or ethnicity, neighborhood, home-ownership, and income) to counter a fact-based argument is pathetic. I have always debated these and other issues strictly on the merits, devoid of stereotypes and name-calling.

The courts twice ruled that the city knowingly and willfully avoided completing a required EIR on the impacts of the Midway Rising proposal. The state Supreme Court upheld those rulings in a unanimous decision.  (And the city council’s split decision to appeal that most recent ruling to the Supreme Court contributed to the $400K in legal fees and costs that we taxpayers will now pay the attorney who represented the community group that challenged the inadequate EIR.)

Rather than follow the court’s guidance, and produce a full and complete EIR that would give voters a full picture of the negative environmental impact of the proposed development, Mayor Todd Gloria enlisted his Sacramento allies to craft an end-run around state environmental law and protections, and insulate the billionaire developers of Midway Rising from legitimate legal changes. (These same developers contributed tens of thousands of dollars to Gloria’s re-election campaign, right before his office selected that group over others to develop the site.) This whole saga is crony politics at its very worst.

Read the Facebook debate here.

And from Nextdoor:

Alex Fischer of Point Loma Heights Central

Public opinion is overwhelmingly in support of this if you get out of the Nextdoor bubble and talk to people under the age of 60.

Paul Krueger Talmadge Replies

Alex, if you want to debate this issue, please stick to the facts.

I have followed this issue closely, and in person for four years. Public comment at city council meetings and public forums on Midway Rising has always been closely divided and two ballot measures to override the 30-foot height limit were exceedingly close.

I am not aware of any polling or credible assessment that has determined public opinion to be “overwhelmingly in support” of the Midway Rising proposal.

But the issue here is that the state Supreme Court unanimously rejected the city’s appeal of lower court rulings that twice found the city had deliberately failed to complete an environmental impact report that adequately examined the potential for serious harms caused by this massive development. Rather than follow the court’s guidance and complete the required EIR, Mayor Gloria has enlisted his Sacrament allies to craft a bill that would exempt these billionaire developers — one of whom contributed tens of thousands of dollars to the mayor’s reelection campaign– from an established review process. This is a blatantly anti-democratic effort to ignore the courts and silence the credible opponents of this proposal. Nothing more, nothing less.

Read the Nextdoor debate here (easy if you already have an account)

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