Redwood City Port

Website

http://www.redwoodcityport.com/

Overview

The Port of Redwood City is the only deepwater port in South San Francisco Bay. It provides berths for dry bulk, liquid bulk, and project cargoes. It has been estimated that the loss of the Port would increase construction material costs in the region by 5% due to the high cost of alternate transportation. The port  provides a fantastic hub for boating and other forms of water sports, giving this region access to San Francisco Bay.

Summary of Impact of Measure W

Port could not approve any lease, permit or other administrative act that would permit a “Non-Open Space” use on Open Space Lands within its jurisdiction without two-thirds voter approval.

How does Measure W Affect this site

In our first review of the Measure W's in May of 2008, we saw the section on the Port, read the first line, and then moved on feeling secure that the Port lived in the world of the exceptions.The first hint of trouble was when the Port was brought up during the City Council meeting, where the City Attorney discussed the fact that the Port was affected, as any new facilities extending into San Francisco Bay Waters (see Legal Review by City Attorney), like the proposed new ferry terminal, would require a 2/3rds vote. It was not until the Port was considering a referendum, condemning Measure W, that we reread the City Attorney's analysis as shown below. What we had missed was the second line.

" 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"

This means that the Port Commision, the group that runs the Port of Redwood City, was a special case in the initiative. The sentence above means that ALL decisions about 'Non-Open Space Uses' on ALL Open Space Lands, directly comes under Measure W's requirement for a 2/3rds special election. As Measure W covers nearly all tools of government, including simple permits and licenses ( 'other discretionary entitlement for use' = licenses and permits) then the impact on even simple improvements are substantial.

Legal Review by City Attorney

Summary: Port could not approve any lease, permit or other administrative act that would permit a “Non-Open Space” use on Open Space Lands within its jurisdiction without two-thirds voter approval.

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

#12 What lands within the Port of Redwood City would be affected by the Charter initiative (Measure W), especially in light of the letter from the Chamber of Commerce?

Response: The issue here is whether any Port-owned lands come within the initiative thereby requiring two-thirds voter approval if the Port undertakes an expansion of its land.

Port-owned land has a general plan designation of “Industrial” and zoning designation of “General Industrial.” Neither of these are covered by the initiative. As a result, the Port could expand on its land 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 if the Port decided to build into water. However, and 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 the 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 49e 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, 6a(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 whether the City’s administrative actions must comply with the initiative, the initiative is clear that all acts by the Port are covered.

Relevant Sections in Measure W

Highlights have been added for emphasis

§        C. Implementation, Paragraph #4 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 49e 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."

§         B.  Definitions:  For the purposes of this Section 6a, the following definitions apply:
(2)  “Non-Open Space Uses” means any use other than the following:  (a) Agriculture; (b) Extraction of chemicals from sea water by natural evaporation and extraction of oyster shells or other deposits from San Francisco Bay; (c) Public parks and public recreation areas or facilities; (d) Restored Wetlands; and (e) uses defined as accessory to the foregoing uses in the applicable zoning district as of March 13, 2008.”

§         B.  Definitions:  For the purposes of this Section 6a, the following definitions apply:
“Open Space Lands” means all lands identified as either (a) “Park,”,“Unimproved Areas (Land or Water) Devoted to Preservation of Natural Resources, the Managed Production of Resources, Outdoor Recreation, or Public Health and Safety,” “Future Development Expanding Limits of Urbanization,” “Controlled Waterway (Redwood Shores Area),” or “San Francisco Bay Water” on the City’s General Plan Land Use Map as of March 13, 2008; or (b) “Tidal Plain” (“TP”) or “Redwood Shores Bay Front” (“RSB”) on the City’s Zoning Map as of March 13, 2008.”

§        C. Implementation, Paragraph #4 states:
“No general plan amendment, rezoning, specific plan, precise plan, tentative subdivision map, parcel map, conditional use permit, planned community permit, or other discretionary entitlement for use shall be approved or issued unless consistent with the provisions of the Section 6a.”

Port Commission Passes Resolution Opposing Measure W

As of September 10th 2008, with regards to Resolution No. P-2025 with all Ayes in favor to the resolution, zero Noes and one Absent, did pass the resolution titled: 'Resolution of the Board of Port Commisioners of the city of Redwood City expressing official Board of Port Commissioner's opposition to Measure W and enumberating the reasons therefore'.

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