7,483 / 57.7% Yes votes ...... 5,492 / 42.3% No votes

See Also: Index of all Measures

The measure would require the City to maintain the Church in good repair for specified purposes and in conformance with all applicable codes. The measure requires the City to study the physical condition of the Church and to propose a repair plan. The measure would require the City to hold public hearings on the study, and to implement the repair plan within 120 days after the measure takes effect.

The measure would require the City to ensure that the Church is used for civic and public benefit purposes, including museums, galleries, theaters, public meetings, historic archives, kitchen facilities, leasing to a non-profit, gift shops or other enterprises that will contribute to the self-sufficiency of the Church.

The measure requires the City to study possible uses of the Church consistent with those listed above. This study is to produce a business plan which must be completed within 120 days after the measure takes effect. The measure authorizes the City to delegate repair and maintenance of the Church to another government or non-profit agency, but would require the City to ensure that repair and maintenance occurs.

The measure authorizes any Pacifica resident to sue the City to enjoin violations of, or compel compliance with, the measure's terms and purports to require the court to award attorney's fees and costs to a prevailing plaintiff in such a case.

The measure authorizes the City Council to amend its provisions only to further its purposes by a four-fifths vote of the Council. The measure provides that it may be also amended or repealed by an ordinance approved by a majority of the voters of the City of Pacifica.

The measure provides that it shall be liberally construed to accomplish its purposes and shall be interpreted to be consistent with all laws and regulations.

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. Nor may it be used to impair essential government fiscal powers. If the measure were challenged, a court could find that the measure is invalid on both grounds because it arguably orders the City Council to spend City funds to maintain a particular building + an administrative task rather than a policy-making task.

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

As an alternative to Measure L, the City of Pacifica placed Measure K on the ballot. Measure K protects the Church on its present site and makes it possible for the City to delegate responsibility for restoring the Church to a willing non-profit agency or organization. It imposes no financial burden or commitment on the City, now or in the future. Both Measures K and L provide that protection of the Church can be set aside only by a vote of the people.

We believe a constructive course of action has been worked out with the City of Pacifica with respect to the two measures. It is fully expected that this cooperative approach whereby we will not oppose passage of Measure K will lead to the accomplishment of what the people of Pacifica truly desire, saving and restoring our Little Brown Church so it may continue to serve the community and link Pacificans to their historic past.

/s/ Karl Baldwin August 12, 2004 Chairman, Little Brown Church Election Committee

/s/ Shirlee L. Gibbs August 12, 2004 Little Brown Church Election Committee

The people of the City of Pacifica hereby ordain as follows:

Section 1: Title This measure shall be known as the "Little Brown Church Historic Landmark Initiative".

Section 2: Findings and Declarations The People find and declare:

A. The Little Brown Church, one of the City's most significant historic structures, has played an important part in our civic life. The City's Historic Preservation Code recognizes the significance of the Little Brown Church by designating it as an historic landmark. It is essential that we preserve this important building and use it for civic and public purposes.

B. Built in 1910 of rough sawed coastal redwood in one of the Coastside's first subdivisions, the Little Brown Church served local residents as their earliest church, a community social center for young people, public school, well-baby clinic, neighborhood movie house and, for some eighteen years, as headquarters for the City's Police Department. The church is an irreplaceable building that links Pacificans of all ages to the past and to the colorful history of the Coastside. A restored Little Brown Church will continue to serve Pacificans and their City, as well as 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 abandoned and in disrepair. The building is deteriorating daily. This historic structure should not be left to further decay and serve no useful purpose. This measure is necessary to ensure the City does not sell or otherwise abandon the Little Brown Church but rather, directly or through a designee, repairs and maintains the building and uses it to benefit our 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.

Section 3: Intent The people enact this measure to accomplish the following purposes:

A Further the protection and repair of the Little Brown Church by creating new provisions in Chapter 7 of the Pacifica Municipal Code, entitled "Historic Preservation", which provisions apply specifically to the Little Brown Church.

B. Require that the Little Brown Church remain a useful and historic building for the people of Pacifica.

C. Require that the City continue to own and maintain, or arrange for the maintenance of, the Little Brown Church.

D. Require that the Little Brown Church is repaired and maintained to ensure it remains in good repair and in compliance with al1 applicable building codes.

E. Ensure that the Little Brown Church is used for civic and public benefit, and in a manner that will assure that it once again becomes an important part of the City's social and civic life.

F. Provide an enforcement procedure to ensure the purposes of this measure are achieved.

Section 4: Article 4 of Chapter 7, Title 9, Pacifica Municipal Code is hereby amended as follows:

Article 4. Historic Preservation of the Little Brown Church Sections 9-7.401 through 9-7.405 are hereby added to said Article 4.

Section 9-7.401. Ownership of the Little Brown Church. The Little Brown Church shall be subject to all of the provisions set forth in Articles 2 and 3 of this Chapter except sections 9-7.301 through 9-7.310. Notwithstanding any other provisions of law, the City, having legal ownership of and control over the Little Brown Church, shall not:

(a) Sell or otherwise transfer ownership in the Little Brown Church or the Parcel on which it is located

(b) Encumber the Little Brown Church or the Parcel on which it is located

(c) Move the Little Brown Church

(d) Demolish the Little Brown Church or alter any portion of its exterior if the effect of such alteration would be to substantially diminish the exterior historic character of the Little Brown Church.

Section 9-7.402. Duty to Maintain the Little Brown Church.

(a) The City shall keep both the interior and exterior of the Little Brown Church in good repair. At all times, the City shall maintain the interior and exterior of the Little Brown Church to accommodate public purposes such as those set forth in Section 9-7.403(b). The City shall ensure that the Little Brown Church is repaired and maintained in a manner that prevents deterioration. The Little Brown Church shall be preserved against decay and deterioration and maintained in conformance with all applicable Codes.

(b) Repair Plan: No later than 30 days after the effective date of this measure, the City shall commence a study that analyzes the physical condition of the Little Brown Church and propose a plan to repair the Little Brown Church to bring the building up to the standards set forth in subsection (a). The City shall hold hearings on the results of the study and shall invite public comment and participation before taking any action in relation thereto. Any interested party or member of the public may present testimony or documentary evidence regarding the study or any alternative plan. No later than 120 days after the effective date of this measure, the City shall approve and commence implementation of such Repair Plan.

Section 9-7.403. Operation of the Little Brown Church.

(a) The City shall take all necessary steps to ensure that the Little Brown Church does not remain vacant and is used for civic and public benefit purposes as specified in subsection (b) below.

(b) The Little Brown Church shall be used for one or more of the following purposes:

i. Museum space;

ii. Gallery or other public display space;

iii. Theatre or other performing arts;

iv. Public meeting space;

v. Housing of historic archives;

vi. Office space for any purpose set forth in this subsection;

vii. Kitchen facility;

viii. Lease to any non-profit charitable organization for a purpose that benefits the people of Pacifica;

ix. Gift shop or other enterprise that will contribute to the self-sufficiency of the Little Brown Church.

(c) Notwithstanding subsection (a), the Little Brown Church may not be altered for any purpose if the effect of such alteration would be to substantially diminish the historic characteristics of the exterior of the building.

(d) No later than 60 days after the effective date of this measure, the City shall commence a study analyzing possible uses of the Little Brown Church consistent with subsection (a), which uses will contribute to the self-sufficiency of the Little Brown Church. This study shall be known as the Business Plan. The Business Plan may be undertaken and reviewed coincident with the Repair Study as set forth in Section 9-7.402. The Business Plan shall be completed no later than 120 days after the effective date of this measure and shall guide the City in determining how to best use the Little Brown Church for public or civic purposes.

Section 9-7.404. Assignment to Designee. The City may assign to a Designee any duty, responsibility or requirement set forth in sections 9-7.402 through 9-7.403, inclusive, provided however, that the City shall remain obligated to ensure such duties, obligations and requirements are at all times met.

Section 9-7.405. Definitions.

For purposes of the Historic Preservation Code, the following words and phrases shall have the following meaning:

(a) "Little Brown Church" means the property in whole or in part, situated on Francisco Boulevard at Salada Avenue in the Sharp Park District of the City of Pacifica.

(b) "Parcel" means the land in whole or in part, identified in section 2 of Parcel D of the quitclaim deed between the Redevelopment Agency of the City of Pacifica and the City of Pacifica, Order No. 7690042, executed on January 28, 1997, and described in that document as follows: Portion of Parcel "reserved" in Block 18, as shown on that certain map entitled, "Revised Map, Salada Beach, San Mateo, CA." filed in the office of the County Recorder of San Mateo County, on August 5, 1907, in Block 5 of maps, at page 20, more particularly described as follows:

Beginning at the intersection of the Westerly Line of San Francisco Boulevard with the Northerly Line of Salada Avenue, as said avenue and boulevard are shown on the above mentioned map; thence from said point of beginning along the westerly line of said San Francisco Boulevard, North 3°22' west, 50 feet; thence due west, parallel to said Salada Avenue, 104.15 feet; thence due south, 49.91 feet to the northerly line of said Salada Avenue; thence due east along the last mentioned line, 107.09 feet to the point of beginning.

(c) "City" means City of Pacifica

(d) "Designee" means that agency or organization duly designated and authorized by the Pacifica City Council to perform specific functions and to assume specific responsibilities related to the restoration and operation of the Little Brown Church.

Section 9.7.406 is hereby added to the Historic Preservation Ordinance:

Any resident of the City of Pacifica may sue for declaratory or injunctive relief to enjoin violations of or to compel compliance with the provisions of Article 4. The court shall award to a plaintiff who prevails his costs of litigation, including reasonable attorney's fees.

Section 5: Amendment or Repeal of Measure:

(a) This measure can be amended only to further its purposes as specified in Section 3 hereof, by ordinance, passed by fourfifths of the Pacifica City Council.

(b) This measure may be amended or repealed, in whole or in part, by an ordinance that becomes effective only when approved by a majority of the voters of the City. Section 6: Interpretation and Severability:

This measure shall be liberally construed to accomplish its purposes. This measure shall be interpreted so as to be consistent with all federal, state and local laws, rules and regulations. If any provision of this measure, or application of any such provision, shall be held invalid, the remainder of this measure to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and to this end provisions of this title are severable.