AgdaPkt 2008-06-30 - Laserfiche WebLink

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7A Page 9 Response: This issue here is whether any Port-owned lands come within the initiative thereby requiring two-thirds voter approval if the Port undertakes an expansion on its land. Port-owned land has a general plan designation of "I ndustrial" and zoning designation of "General IndustriaL" Neither of these are covered by the initiative. As a result, the Port could expand on its lands without voter approval. The Port, however, does not outright own the water areas surrounding these lands. The water areas are owned by the State but the State granted the use of these areas to the Port by statute, the last having been enacted in 1960's. These water areas are covered by the initiative because they have a general plan designation of San Francisco Bay Water and a zoning designation of Tidal Plain - Water, both of which are covered by the initiative. Thus, if the City or Port owned this land outright, it would be subject to the initiative and the two-thirds voter approval requirement could be triggered jf the Port decided to build into the water. However, an open question exists about whether the initiative can apply to lands that are owned by the state but granted to the Port. The Chamber of Commerce takes the position that the voter-approval requirement does apply to these areas. The proponent's position on this issue is not known. The question raises complex issues of State preemption and the scope of the state land grants, and therefore a more detailed analysis of both is needed before the Port or staff take a definitive position on this issue. In addition, the initiative appears to be drafted in a manner to require two- thirds voter approval of all Port decisions - regardless of whether they are legislative or administrative actions - that would permit "Non-Open Space Uses" on covered lands. In particular, the initiative states: Except for any voter approval required by Section 6a(A), nothing in this Section 6a shall be construed to limit the jurisdiction, powers, duties, and functions heretofore vested in the Board of Port Commissioners of the City of Redwood City pursuant to this Charter; provided, however, and notwithstanding Section 4ge of this Charter, the Board of Port Commissioners shall not approve or authorize any Non-Open Space Uses on Open Space Lands within its jurisdiction unless such use has been approved by the voters in accordance with this Section 6a. (Initiative, s6a(C)(5), emphasis added, ) Under this section, the Port could not approve any lease, permit or other administrative act that would permit a "Non-Open Space" use without two- thirds voter approval. Thus, while the initiative appears ambiguous as to 9