Frequently Asked Questions

Frequently Asked Questions for Measures W and V

By Redwood City Residents

James Jonas, Lynn Chou Jonas, Mark Fassett, Carol Wong, Susan Swope, Alex Wright and Cherlene Wright. If I missed anybody, just drop me a note. James

Q: Can I copy and distribute this FAQ. A: YES

 

Q: What is Measure W?

A: It is a Charter Amendment initiative designed to prevent development of the tidal plain, parks or bayfront including Cargill properties east of Highway 101. Most of these properties are privately owned and many are already developed. It would require a 2/3 super majority vote to approve development or other land use changes to these properties. More: What is Measure W?, Measure W's Language

Q: What is Measure V?

A: It is a Charter Amendment initiative designed to prevent development of the Cargill properties east of Highway 101.  It would require a majority vote for land use changes including development. It was placed on the ballot by the City Council at the request of impacted homeowners. More: What is Measure V?, Measure V's Language

Q: How do they differ?

A:  Measure W requires a 2/3 vote to change land uses on 41 parcels of property. Its ambiguous language causes legal uncertainty for over 500 homes. Measure V requires a majority vote to change land uses on 6 parcels of Cargill property without the collateral damage to impacted homeowners.

Q: Why does Redwood City need Measure W?

A: No, we don’t. Redwood City has been adding parks, not taking them away.  In the past, when a large track of open space is at issue, a majority vote has been sufficient to prevent development. Measure W’s scope is broad and overreaching covers private developed properties, which is clearly not open space, collateral damage is broad and unnecessary. Measure W proponents state it “will prevent costly and divisive campaigns over development”. This means in order to save a tens of thousands dollars putting a measure on the ballot, they wish to shift the burden to the rest of us in terms of tens of millions of dollars. What do we get from this costly initiative? No new parks and no new restored open space. Not a single square foot.

Q: Is Measure V constitutionally valid?

A: Yes. First, Measure V does not re-zone the Cargill lands. Second, Measure V is not spot zoning. More: Is Measure V Constitutionally Valid? Yes

Q: Does Measure V guarantee a vote on the Cargill development?

A: Yes. Measure V is an alternate measure that focuses on Cargill lands only. Unlike Measure W, Measure V is clear, simple, constitutionally valid, and gives the people a vote on the future land uses of Cargill Saltflats without harmful consequences to impacted homeowners covered by Measure W. More: What is Measure V? , Is Measure V Constitutionally Valid? Yes

Q: Isn't Cargill planning on restoring 50% of the salt ponds?

A: We do not know. DMB had circulated a 50/50 concept, but that is not an official plan. The fact is there is no official proposal by Cargill to date.

Q: Do we need a 2/3 majority vote to prevent development?

A: NO!  In the past 26 years there have been two citywide votes on development east of 101 (Marina Shores in 2004 and Bair Island in 1982).  BOTH failed, and both failed by a simple majority.  There is no need for additional regulations; the system works.  2/3rds vote is simply undemocratic.

Q: Should we not give voters a final say on any development proposal on open space, park, or bayland?

A: Voters already have a final say by using the referendum process. It has worked twice in the past 26 years to prevent development. If you want a vote on Cargill but don’t trust the process, then vote Yes on Measure V.

Q: Does Measure W prevent auto traffic?

A: Measure W may even increase auto traffic by hindering the creation of a ferry terminal at the Redwood City Port. Measure W specifically targets the Port Authority for special treatment and may prevent the building of the needed ferry terminal docks without a 2/3rds super majority vote. City Attorney (6/30/2008 Staff Report 7A Q12) As for the Cargill Saltflats, Save The Bay keeps on claiming that the “proposed project” will create tons of traffic. This is in spite of the fact that no project plan has been proposed to the city. More: Redwood City Port Commission

Q: Why do you say Measure W is costly?

A: Measure W could trigger unnecessary elections ($45k-$200k each), litigation ($250k-$500k), loss of tax revenue due to loss in value of homes (1% of $34 million), big money payout if the city loses a lawsuit (unlimited), city staff resources. Yet, not a single square foot of park or wet land will be restored as result of Measure W. More: What Might Measure W Cost?

Q: Why does Measure W not include all city parks?

A: Not all our parks are designated as park in the General Plan. It would have been great to correct those designations during our General Plan update process, but creators of Measure W decided to press ahead. Since Measure W locks existing land use designation as of March 13, 2008, that is why nearly half city parks are not covered by Measure W.

Q: Why would Measure W affect seven homeowners at the corner of Valota Road and Madison Avenue?

A: Save The Bay made a mistake. Save The Bay decided to craft this City charter (constitutional) amendment in secret and did not use a current General Plan, before making it a central document to redefine properties as “open space lands.” While these seven homes are zoned residential, but their lands are designated as park land in the General Plan. Measure W locks existing land use designation in place; this is why these homeowners cannot correct the mistaken designation easily. They are subject to the same regulation, as Measure W requires of the Cargill lands. In addition to the legal uncertainty, these homeowners must disclose the additional regulation to prospective buyers should they choose to sell their homes. More: Seven Homes: Valota Road and Madison See: http://RedwoodCitySeven.org

Q: Why would Measure W impact Redwood Shores?

A: For waterfront property owners, certain improvements may be considered "non-open use" and require the approval of two-thirds of the voters prior to making the change.  For waterfront homeowners and association common areas, adding or changing the design of a dock in a "Controlled Waterway" could be considered "non-open space use" and potentially trigger a vote.  For owners of commercial properties and the Fully Alive Church, other improvements such as facilities expansion would be considered "non-open space use" and also trigger a vote.  For all affected property owners, any third party that objects to proposed improvements deemed as "non-open space use" by Measure W could legally demand approval by two-thirds vote before the City could grant approval.

While proponents of Measure W assert that such improvements and uses that are currently permitted by the City remain unchanged, Measure W's language is clear only for "any project, use, or activity for which a property owner has obtained, as of the effective date of this Section, a vested right pursuant to State law."  Future projects at these properties that are subject to City planning and permitting processes must comply with the terms of Measure W.

No matter how one interprets Measure W, its exacting language sets up legal ambiguities which only the courts will be able to settle. Therefore, Measure W unfairly and adversely impacts hundreds of private properties, diminishes property rights of owners whose home and businesses should have nothing to do with open space preservation, and reduces property values by creating a "legal cloud" that would discourage any potential buyer. More: Redwood Shores

Q: Will Measure W requires the City to hold a vote in order to put a new senior center in Red Morton Park?

A: Most likely. City Attorney: “…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.” City Attorney (5/19/2008 Staff Report 7B Q2) More: Senior Center in Red Morton park

Q: Why does San Mateo County Board of Supervisors oppose Measure W?

A: The Board of Supervisors believe Measure W will devalue properties and decrease tax base in the county. In addition, many RWC residents petitioned to the County and requested no more new jails in Redwood City. The irony is should Measure W pass, the County is more likely to build the new level two jail on Maple St. as the County will have a hard time selling the current Women Correctional Facility site or turn a profit from that sale to build the jail elsewhere in the county.  More: San Mateo County

Q: Will Measure W block the Port of Redwood City from doing business and delay the proposed commuter ferry terminal?

A: Measure W language:" 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" 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 vote. This clearly targets both Legislative and Administrative acts. The impact is that a new Ferry Terminal could require a 2/3rds vote.  City Attorney (6/30/2008 Staff Report 7A Q12) More: Redwood City Port Commission

Q: Would Measure W affect the South Bayside Systems Authority (SBSA) sewage treatment plant at Redwood Shores?

A: Yes it could. This plant provides sewage treatment for Belmont, San Carlos and Menlo Park as well as Redwood City. Areas around the plant would be designated “Open Space Lands” under Measure W. SBSA plans a major infrastructure upgrade over the next decade. If changes require changes to the General Plan or the Zoning Code, it could trigger the two-thirds voter approval requirement. Simple Use Permits may also trigger a 2/3rds vote. City Attorney (6/30/2008 Staff Report 7A Q8/Q6) More: South Bayside Systems Authority

Q: Shouldn't we take steps to ensure the future health of San Francisco Bay?

Answer: Absolutely. However, Measure W doesn't provide any means for acquiring or restoring lands that might become bay wetlands or open space. In fact, by hindering major upgrades to the South Bayside Systems Authority (SBSA), it may even result in increased pollution in the bay. More: South Bayside Systems Authority

Q: Save the Bay's legal counsel says that your objections are incorrect. Why do you claim otherwise?

A: The proponents of Measure W will tell you that homeowners will be unaffected by Measure W. In contrast, separate advice from legal counsel to Redwood City, the Port of Redwood City, San Mateo County Redwood City Chamber of Commerce, San Mateo County Board of Supervisors, several not-for-profit organizations, and impacted homeowners all concur that Measure W, if passes, will create a cloud of legal ambiguities that will take the courts to resolve. Only one attorney (that of Save the Bay’s) is confident otherwise. More: Is Measure V Constitutionally Valid? Yes > Lawyer as Advocate

Q: Does Measure W target Administrative Act?

A: Absolutely. The claim that Measure W does not target Administrative Acts is simple false. Just read the measure: Section C: Implementations, paragraph #4 and #5 both target Administrative Acts. Paragraph #4 not only includes a list of Administrative Acts, but the phrase "entitlement for use". This means simple licenses and use permits. Paragraph #5 targets the Port Commission and includes all Administrative and Legislative Acts for covered lands. More: Measure W's Language, Measure W: Not Just Legislative Actions, Redwood City Port Commission

Q: Where can I go to get more information?

A: Please visit http://www.redwoodcityseven.org and  http://majorityvoteamendment.com. Includes links to both proponents and opponents of Measure W and V. We believe the more you know about Measure W, the more likely you’ll vote against it. More: Resources 2008 Ballot Resources Redwood City Council

 

This document is our opinion and has been paid for by homeowners impacted by Measure W and whomever reprints it. No big money developers here. Just people who want to save the environment (YES on V) and protect their homes (NO on W).

 

Attribution:  http://redwoodcityseven.org   http://majorityvoteamendment.com

 

This work is licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States License.

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