Conway

Appellant John Conway filed a petition for writ of mandate, seeking to compel officials of the City of San Mateo to call an election and submit a proposed housing project for approval by city voters. After a hearing, judgment was entered denying the petition and this appeal followed.

I

On August 21, 1978, the city council of respondent City of San Mateo approved the execution of a lease of the land and air rights over certain city-owned real property then in use as a public parking lot. The lessee, respondent intervener Flores Gardens, a California partnership, plans to construct a 72-unit apartment building over the parking lot, which would still be available for public use. The term of the lease is 55 years, with an option to renew for an additional 25 years. The rent for the first five-year period is $1,000 per month; for each succeeding five-year period thereafter, the rent is to be either increased or decreased according to a formula based on the area Consumer Price Index.

The apartment building is intended to be occupied by senior citizens and handicapped persons who are eligible for housing assistance payments from the United States Department of Housing and…