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Los Angeles County, CA April 9, 2002 Election
Measure 02-A
Option to De-list Historic Landmarks
City of Sierra Madre

Initiative

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Information shown below: Impartial Analysis | Arguments |

An initiative measure providing for a 120-day option for owners of properties presently classified as "Historic Landmarks" under ordinances 1036 and 1134 of the city to de-list their properties from the impacts of said ordinances; while preserving such listings for those owners who either do not wish to de-list their properties, or who have received Mills Act contracts or any other grants, loans, tax reductions contracts pursuant to said ordinances.

Impartial Analysis from City Attorney
Present law (under Ordinances 1036 and 1134, previously adopted by the City Council) does not permit any property owner - whose property has been registered and listed on the City's 'Historical Landmark' Registry - to 'de-list' such property (thereby removing such property from the impacts of said ordinances) without prior review by the Cultural Heritage Commission and prior approval by the City Council, after environmental review under the California Environmental Quality Act.

This initiative - placed on the ballot by the requisite number of voters - would amend Ordinances 1036 and 1134 by enacting a temporary means by which a property owner could - for a period of 120 days after the effective date of this initiative, if adopted by a majority of the voters voting on April 9, 2002 - unilaterally and without prior review by the Cultural Heritage Commission or prior approval by the City Council withdraw (de-list) his/her/their property from the impacts of such prior ordinances. This initiative states that such 120 day window to withdraw (de-list) is not excused from any state or federal laws or regulations applicable thereto. This initiative also states that this initiative authorizing such withdrawal (de-listing) is excused from prior environmental review as a voter driven initiative, but does not excuse future alterations or demolitions of such de-listed properties from the effects of then applicable environmental regulations.

This initiative does not impact any property owners who wish to have their properties remain on the list of registered properties, nor does it involuntarily impact those properties (or property owners) that have received benefits under the Mills Act or any other 'historical' grant, loan or tax reducing measures.

All of the foregoing would be accomplished by adding new Section 17.82.080c to Ordinances 1036 and 1135 (as readopted). If you are in favor of adopting initiative 1-01-1 [02-A on the ballot] thereby authorizing all of the above, vote 'YES'; if you are against any of the purposes set forth above, vote 'NO.'

By Charles R. Martin, City Attorney

 
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Arguments For Measure 02-A Arguments Against Measure 02-A
Sierra Madre's current Historic Preservation Ordinance (1134) is voluntary and requires the property owner to give written consent before the property may be listed as 'historic.' Owner consent was required in the first local ordinance (1036), but that ordinance was violated and properties were listed without the owners' consent and in many cases without their knowledge.

It is only fair that owners be given an opportunity to remove their property from the Sierra Madre Landmarks List by filing a written request to de-list their properties from the impacts of ordinances 1036 and 1134.

Vote 'yes' to preserve our property rights!

s/Donna Sutcliffe, Citizens for Property Rights

s/John S. Buchan, Homeowner

s/Guy E. Jamison, Lawyer

s/Steven B. Prefontaine, Homeowner

Rebuttal to Arguments For
None filed.
None filed.

Rebuttal to Arguments Against
None filed.


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Created: April 19, 2002 10:59 PDT
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