8,760 / 66.7% Yes votes ...... 4,378 / 33.3% No votes

See Also: Index of all Measures

Proposal. If adopted, this measure would encourage repair and maintenance of the Little Brown Church ("Church") to the extent funds are available and encourage use of the Church for civic and public benefit. The measure would prohibit the City, except with a vote of the People; from selling the structure or the land on which it is located; from encumbering the structure or land other than for rehabilitation and maintenance of the structure; move, demolish or alter it other than in compliance with the Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties. To the extent of available grants and donations, the measure would require the City to seek to ensure that the structure does not remain vacant but instead be used for civic and public benefit purposes such as museums, gallery, theater or a performing arts venue. The measure allows the City to lease or otherwise assign the Church to any capable public or private, non-profit entity for repair and maintenance. The measure does not create any private right of action and may be amended or repealed by the People. The measure is inconsistent with the initiative measure appearing on the same ballot as this measure entitled "Repair and Maintenance of a Historic Structure Designated as `Little Brown Church' Located at 1850 Francisco Boulevard." If both measures are approved, only the one which receives the larger number of "yes" votes will take effect.

Effect of measure on existing law. The initiative power may not be used to exercise an administrative, rather than a legislative, power of the City. This measure contains functions that amount to administering the City's historic preservation program, rather than making policy. It restricts the City's ability to sell or mortgage the property in question or to move, demolish or alter the building without a vote of the People and thus seeks to limit the City's ability to manage public finances. If the measure were challenged, a court could find that it improperly addresses an administrative matter.

/s/ Cecilia M. Quick August 13, 2004 Pacifica City Attorney

The Little Brown Church Committee has done a tremendous job of building community support for the protection of this historic property. Working together constructively to seek grants and public support, this goal can be achieved without requiring the city to expend general funds (estimated to be at least $1.5 million) to pay for it.

As members of the City Council, we believe this ordinance is both fiscally responsible and protective of the status of the Little Brown Church. We respectfully ask for your support by voting "Yes" on this ordinance No.
11.2004 A, and "no" on Ordinance No. 11.2004 B.

/s/ Julie Lancelle August 13, 2004 Mayor Pro Tem

/s/ Calvin Hinton August 13, 2004 City Councilmember

/s/ Sue Digre August 13, 2004 City Councilmember

AN ORDINANCE OF THE CITY OF PACIFICA ADOPTING ARTICLE 4 OF CHAPTER 7 OF TITLE IX OF THE PACIFICA MUNICIPAL CODE REGARDING HISTORIC PRESERVATION OF THE LITTLE BROWN CHURCH

THE PEOPLE OF THE CITY OF PACIFICA DO ORDAIN AS FOLLOWS:

Section 1. Code Amendment. Chapter 7 of Article IX of the Pacifica Municipal Code is hereby amended to add a new Article 4 to read as follows:

Article 4. The Little Brown Church

Sec. 9-7.401. Findings and Declarations

The People find and declare:

(a) The Little Brown Church is one of the City's most historic structures and has played an important part in the community's civic life. The City has designated the Little Brown Church as an historic landmark and the People desire to preserve this building for civic and public use if feasible in light of available resources and competing demands for limited public and philanthropic funds.

(b) Built in 1910 of rough-sawn coastal redwood in one of Coastside's first subdivisions, the Little Brown Church served local residents as their earliest church, a social center for young people, public school, well baby clinic, neighborhood movie house and, for some eighteen years, as headquarters of the City Police Department. It is an irreplaceable building that links Pacificans of all ages to the past and to the colorful history of Coastside. A restored Little Brown Church can continue to serve Pacificans, their City, and visitors to Pacifica for many years to come.

(c) Notwithstanding the fact that it is designated by the City as an historic landmark, the Little Brown Church is currently in disrepair. This historic structure should not be left to further decay and serve no useful purpose if resources are available to rehabilitate it for further productive use. This article is intended to encourage the repair, maintenance and use of the building for the benefit of the community.

(d) A repaired and restored Little Brown Church will promote a sense of community identity and pride and will promote citizen involvement in historic preservation in Pacifica.

Sec. 9-7.402. Purpose and Intent

The People enact this measure to:

(a) Encourage repair and maintenance of the Little Brown Church in compliance with all building codes applicable to an historic structure as a useful and historic building for the people of Pacifica to the extent funds are available to do so in light of other pressing community needs, such as public safety.

(b) Encourage use of the Little Brown Church for civic and public benefit and in a manner that will ensure that it once again becomes an important part of the City's social and civic life to the extent it is feasible to do so.

Sec. 9-7.403. Ownership

Without a duly authorized vote of the people, the City of Pacifica shall not:

(a) Sell or otherwise transfer title to the Little Brown Church or the land on which it is then located.

(b) Encumber the Little Brown Church or the land on which it is then located other than to provide for the rehabilitation and maintenance of the Little Brown Church consistently with this Article.

(c) Move the Little Brown Church.

(d) Demolish or alter the Little Brown Church other than in compliance with the Standards of the Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties.

Sec. 9-7.404. Use

To the extent of available grants and donations, the City shall:

(a) Seek to ensure that the Little Brown Church does not remain vacant and is used for civic and public benefit purposes as specified in this Article.

(b) Encourage the following uses of the Little Brown Church: Museum, gallery or other public display space; theater or other performing arts venue to the extent consistent with the Fire Code; public or private meeting and event space; housing of historic archives; and office, kitchen, and gift shop uses ancillary to the other primary uses permitted by this Article.

Sec. 9-7.405. Delegation

The City may assign, by lease or otherwise, any duty, responsibility or requirement under this Article to any other public or private, non-profit entity which it deems capable to fulfill such a delegation. The entity to whom responsibilities are delegated shall :

(a) Arrange for the maintenance of the interior and exterior of the Little Brown Church in good repair and suitable for use for the purposes permitted by this Article.

(b) Plan for the repair and maintenance of the Little Brown Church, inviting public comment and participation in the development of that plan.

Sec. 9-7.406. Definitions; Construction

(a) As used in this Article, the following words and phrases shall have the meanings set forth below unless the context plainly demonstrates that another meaning was intended:

(1) Little Brown Church means the historic structure presently located at 1850 Francisco Boulevard, Pacifica, California and the parcel of land on which it is located.

(2) City means the City of Pacifica and any officer, employee or agent thereof.

(b) This measure shall be interpreted so as to be consistent with all applicable law as that law now exists or may hereafter be amended, including the 1995 Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties.

Sec. 9-7.407. Enforcement

This measure shall be enforced by the Pacifica City Council, in its discretion in light of other demands on available City funds, grants and donations, in light of other pressing community needs, such as, but not limited to, public safety. No private right of action shall arise from the adoption of this Article, it being the intent of the People that the preservation of the Little Brown Church be entrusted to the considered judgment of the City Council in light of public input and not become a subject of expensive and divisive litigation.

Section 2. Amendment or Repeal. This Article may be amended or repealed by the People.

Section 3. Effective Date. This ordinance shall take effect ten days after the result of election is declared by the City Council of the City of Pacifica.

Section 4. Inconsistency with Little Brown Church Initiative. This measure is intended to be, and is, inconsistent with the initiative measure appearing on the same ballot as this measure under the title, "Repair and Maintenance of a Historic Structure Designated as `Little Brown Church' Located at 1850 Francisco Boulevard." Should both measures receive a majority of affirmative votes, only the one which receives the larger number of affirmative votes shall take effect.

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect.

The People hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance irrespective of the fact that any one or more other sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Section 6. Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the voters of the City by signing where indicated below.

Compiled by the City of Pacifica City Clerk Flo Derby