Legal Review by City Attorney

Summary: Any new senior center in Red Morton park would most likely require a 2/3rds Vote.

Source: http://www.redwoodcity.org/government/council/packets/2008/0519/7B.pdf

#2 Would two-thirds voter approval be required to construct a senior center facility in a park that is covered by the initiative?

Although the answer to this question cannot be answered with certainty due to ambiguity in initiative, it is likely that building a senior center in a covered park would require two-thirds voter approval.

A City park is covered by the initiative if it has a General Plan designation of “Park” or one of the other designations covered by the initiative. Under the initiative, a covered park could not be used, without two-thirds of the voter approval, for any purpose other than the following:

(a) Agriculture; (b) Extracting of chemicals from sea water by natural evaporation and extraction of oyster shells or other deposits form the San Francisco Bay; (c) Pubic parks and public recreation areas or facilities; (d) restored wetlands; and (e) uses defined as accessory to the foregoing uses in the application zoning district as of March 13, 2008.

The question is whether a senior center is consistent with any of the above-mentioned uses. The most closely related purpose might be “public parks and public recreation areas of facilities.” The initiative, neither defines the phrase nor identifies the permitted uses. Complicating matters, the City’s planning documents do not contain a similar phrase that is defined or described in any detail. The phrase is therefore ambiguous and may be subject to judicial interpretation if certain uses are proposed under that exception.

A senior center, such as Veterans Memorial Senior Center, is used for a variety of non-recreational uses, such as providing information and resource services, nutrition programs, art and musical events, classes, and rental space for events. Such uses are more consistent with “cultural” activities as described in the Cultural Element of the General Plan and not Open Space activities. Further, the Open Space Element of the General Plan addresses “outdoor recreation” and does not address indoor recreation activities. Thus, while the answer is uncertain and may turn on the type of activities proposed by a new center, two-thirds voter approval would likely be required to build a senior center in a covered park.