SR-08-27-2013-8BY
of City CouncilReport
Santa Monica'
City Council Meeting: August 27, 2013
Agenda Item:
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Approval of Preservation Covenant for the Downtown Post Office Building
at 1258 5th Street
Recommended Action
Staff recommends that the City Council approve the attached proposed preservation
covenant for the Downtown Post Office building.
Executive Summary
The United States Postal Service has exercised its authority to close and sell the
Downtown Post Office. The City unsuccessfully contested the closure and has since
been working with the Postal Service to maximize protection for the structure through
the mechanism of a preservation covenant. The proposed covenant is attached for
Council consideration.
Background
Faced with fiscal crisis, the United States Postal Service opted to close and sell postal
facilities across the country, including the post office in Downtown Santa Monica at
1258 5th Street. On August 14th, 2012, the City Council voted, unanimously, to oppose
the closure and sale; and on August 31St, the City appealed the decision by submitting a
formal request for review to the Postal Service. On October 1, the Postal Service, in
response to the City's request for review, confirmed its decision to close the Post Office.
On October 9th, Congressman Henry Waxman also requested review by filing a petition
with the Postal Regulatory Commission. The Postal Service moved to dismiss the
appeal; and, on October 23`d, Council directed staff to oppose dismissal. Accordingly,
staff filed a pleading opposing the motion to dismiss and supporting Congressman
Waxman's appeal. The Postal Regulatory Commission granted the Postal Service's
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Motion to Dismiss on December 19, 2012. The Post Office closed on June 29, 2013;
and staff refocused its efforts on preservation of the structure.
Discussion
The Post Office is eligible for listing in the National Register of Historic Places. This
status requires the Postal Service to follow procedural requirements imposed by certain
federal regulations (commonly known as Section 106) prior to transferring the Post
Office to private ownership. Pursuant to Section 106, transferring an historic property
"without adequate and legally enforceable restrictions or conditions to ensure the long-
term preservation of the property's historic significance" triggers a lengthy review
process.
In order to avoid that process, the Postal Service has proposed entering into a
preservation covenant to protect the property's historic significance. Under Section 106,
before a sale can occur, this covenant must be "in place", which means that a local
government with a certified historic preservation program has agreed, by submitting a
letter to the Postal Service and the State Preservation Officer, to review and approve
any construction, alteration or rehabilitation of the property for conformity with the
covenant conditions. Once the covenant is "in place", the Postal Service may proceed
with the sale of the property with the covenant attached to the grant deed transferring
the property to private ownership. This is the same process that the Postal Service and
the City of Los Angeles utilized to preserve the Venice Post Office. Moreover, it is
apparently the sole process that can be used at this time to preserve the Post Office
because federal supremacy effectively precludes municipal regulation of federal
property. Thus, the City lacks jurisdiction to landmark the Post Office while it is federally
owned. Once the property is privately owned it will be subject to local regulations,
including the City's Landmark Ordinance.
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The covenant will prohibit the purchaser of the property, as well as all future owners of
the property, from undertaking any construction, alteration or rehabilitation on the
property that would affect the historic features of the property without first seeking
review and approval from the certified local government. The City is a certified local
government and is therefore qualified to serve in this capacity. And, once the property
is privately owned, future review could be undertaken pursuant to the Landmarks
Ordinance if the property if landmarked.
The attached proposed preservation covenant has been prepared based on
recommendations from the Landmarks Commission, which considered the matter in
June, July and August, and identified historic features, both interior and exterior. As
specified in the draft covenant, those features include, among others, the mass and
plan of the main fagade, the poured concrete siding, the wood frame windows, the
ornate groves in exterior walls, pilasters, columns, exterior motifs and the ornamental
metal fence. Specified interior features include the original hanging light fixtures,
marble wainscoting, horizontal wood walls and ceilings, metal staircase rails, and tall
tables. The proposed covenant is worded so that additional features could be
identified at a later time if the property is landmarked once it is privately owned.
Language of the proposed covenant also reflects Council comments relating to
maximizing effective remedies. Specifically, the covenant authorizes enforcement by
members of the public. The Postal Service has reviewed the proposed covenant and
concurred with its content.
Staff recommends approval of the proposed covenant language in order to afford all
possible protection to the historic Downtown Post Office.
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Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Marsha Jones Moutrie, City Attorney
Heidi von Tongeln, Deputy City Attorney
Approved:
Forwarded to Council:
Mars a Jon s Noutrie Rod Gould
City tfornoy City Manager
Preservation Covenant Language
Ml
PRESERVATION COVENANT
PRESERVATION COVENANT LANGUAGE
In consideration of the conveyance of certain real property, located at 1248 5"' Street in
the City of Santa Monica, the County of Los Angeles, State of California.
(1) The grantee hereby covenants on behalf of itself, its heirs, successors and assigns
at all times to restore, maintain and preserve this property in accordance with the
recommended approaches of the "Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring & Reconstructing Historic Buildings" (National Park Service, 1995) in
order to preserve those qualities that resulted in this property being eligible for
listing on the National Register of Historic Places. Grantee further agrees to
comply with all local laws and regulations governing the use of property,
including, but not limited to, the requirements of the City of Santa Monica with
respect to designated historical resources as set forth in the Landmark and
Historic District Ordinance of the City of Santa Monica, Santa Monica Municipal
Code, Chapter 9.36 (the "Landmark Ordinance"). Nothing contained herein shall
in any way impair or limit the authority of the City, its City Council, boards and
commissions, officers, agents and employees to exercise the City's police powers,
including, but not limited to, the implementation of the City's Landmark
Ordinance.
(2) No construction, alteration or rehabilitation shall be undertaken or permitted to be
undertaken that would affect the historic features of the property without prior
consultation with, and the express permission of the City of Santa Monica
("City"), which consultation and permission shall be conferred through the
process established in the Landmark Ordinance, if applicable. The historic
features of this property shall include the following:
(a) Interior historic character -defining features of this post office are the
original hanging light fixtures, the marble wainscot, horizontal wood wall
paneling and ceilings with zigzag motif, metal staircase rails with chevron
ornamentation, terrazzo flooring, and the original tall tables used for post
office patrons.
(b) Exterior character -defining features include the overall mass and plan
of the main fagade of the post office, the scalloped cornice at the roofline, the
poured concrete exterior siding, the frieze consisting of three -stepped
horizontal bands running along the entire building, the Art Deco -style
lettering over the central window reading "United States Post Office ", the
dedication plaque, original wood frame windows, modernistic pilasters along
the primary fagade slightly above the roofline, pilasters flanking the entrance
doors, and columns with pilasters capped with extremely stylized Corinthian
capitals. The concrete wave and Art Deco motifs over the main entrances,
including reliefs ofglobes set over stylized eagle's wings flanked by grooved
vertical bands, granite steps, and the low, ornamental metal fence with a
chevron motif are also historic character defining features.
(3) Authorized representatives of the City shall be permitted at all reasonable times to
inspect the property in order to ascertain if the above conditions are being met.
(4) In the event of a violation of this covenant, and in addition to any remedy now or
hereafter provided by law, the City, and any resident of the City of Santa Monica
having an interest in the historic features of the property may, following
reasonable notice to the current owner of the property, institute an action for
specific performance, injunction and/or monetary damages. The action for
specific performance may include restoration of the property to its conditions as
existing prior to the construction, alteration or restoration undertaken in violation
of this covenant. The plaintiff in any action brought pursuant to sections shall be
entitled to recover its costs and attorney's fees if it is deemed to be the prevailing
party.
(5) This covenant is binding on the grantee, its heirs, successors and assigns in
perpetuity. All stipulations and covenants contained herein shall be inserted by
the grantee verbatim or by express reference in any deed or other legal instrument
by which the grantee divests itself of any interest in the property or any part
thereof.
(6) The failure of any person or entity permitted by the terms hereof to exercise any
right or remedy granted under this instrument shall not have the effect of waiving
or limiting the exercise of any other right or remedy or use of such right or
remedy at any other time.
(7) This covenant shall be a binding servitude upon the property and shall be deemed
to run with the land. Execution of this covenant shall constitute conclusive
evidence that the grantee agrees to be bound by the foregoing conditions and
restrictions and to perform to obligations herein set forth.
(8) The City may, for good cause, and following notice to the public, modify or
cancel any or all of the foregoing restrictions upon application of the grantee, its
heirs, successors or assigns. The validity, interpretation, effect, and enforcement
of this covenant, or any portion thereof, shall be governed by, and shall be
construed and enforced in accordance with, the laws of the State of California.
All litigation or other proceedings arising out of this covenant to interpret or
enforce this covenant, or any portion thereof, or to recover for any breach thereof,
shall be filed in the Los Angeles County Superior Court, unless the parties agree
in writing to an alternative venue for litigation.
(9) The unenforceability of any term or provision of this covenant shall not affect the
validity of remaining sections or portions of this covenant.