On Tuesday night, the council had been poised to officially adopt the historical preservation ordinance that would allow the city to prevent demolition of landmarked structures.
The council had unanimously approved the law, in the making for over a year and a half, at the first reading on Jan. 5.
But responding to a large group of residents concerned about their property rights, the council revised the law to allow owners to be able to opt out of any potential landmarking.
“This ordinance represents a real taking of property without my consent, which is prohibited under the Fifth Amendment and the laws of the state of California,” said one Strand resident. “I worked hard all my life. I should be able to enjoy my property.”
Another resident, Jack Cummings, called it “the most incredible overreach of government in the 23 years I’ve lived in Manhattan Beach.”
Marcello Vavala of the Los Angeles Conservancy, a historic preservation organization, who consulted on the drafting of the law, said he wasn’t aware of any other cities with similar ordinances having an “opt out” clause. He worried that it would undermine the city’s ability to protect historically significant buildings.
“It’s self-defeating,” he said. “I think a lot of people were speaking out of fear. It’s unfortunate that so many misinformed people pressured the council.”
The change means that the city won’t be eligible for Certified Local Government Program status, which would’ve allowed it to apply for up to $40,000 in grants.
“I appreciate that CLG is the gold standard,” said Councilmember Amy Howorth. “But this community might be different than other communities. All our value is in our land.”
Even with the change, however, the law is stronger than the voluntary, honorary program that had been in place before.
If a property is landmarked, the designation is binding for all future owners, meaning new owners could not demolish or make certain changes.
A historical preservation commission will still be established to oversee the program.
And as with the older version of the ordinance, property owners can apply for tax breaks in exchange for maintaining the building in a specific way under the Mills Act.
The council had previously passed a two-year pilot program of the Mills Act separately, but it needed the structure created by the historical ordinance in order to implement it.
The new version of the legislation will come back for final approval at the council’s next meeting on Feb. 9. ER
