Legal Review by City Attorney

Summary: Building a senior center or public housing on the parking lot of Red Morton Park would require a 2/3rds vote.

Source: http://www.redwoodcity.org/government/council/packets/2008/0630/7A.pdf

#11 Could the City build a senior center or public housing on the parking lot of Red Morton Park?

Response: The City could not build housing on the lot and it probably could not build a senior center. While the parking lot at Red Morton Park has a zoning designation of R-2 Residential Duplex, it has a general plan designation of Park and would therefore be covered by the initiative. A senior center project cold not be constructed on the existing parking lot without two-thirds voter approval. The initiative would only allow the Open Space use of “pubic parks and public recreation areas or facilities”. Consistent with the discussion in May 19, 2008 staff report, it would appear that a senior center would not constitute and Open Space use. Thus, tow-thirds approval by the people of Redwood City would be required. Public housing also could not be built on the site without two-thirds voter approval, since housing does not qualify as an “Open Space” use under the initiative.