Jean Heinl, State CO-Director of Californians United for Redevelopment Education, CURE, and I drove to National City last night to support the Community Youth Athletic Center, CYAC, and 600 businesses from the threat of eminent domain. National City’s eminent domain authority is due to expire July 18/19, 2007. On the table is a plan to extend that authorization for another 12 years.
Prior to attending their city council meeting and the CYAC rally we stopped at the CYAC gym where we met with several of the young boys and the program directors. Also present were Institute for Justice staff attorney Jeff Rowes and I.J. senior attorney Dana Berliner who flew out from their Arlington, VA headquarters to provide testimony to the city council.
Five years ago the supporters raised $270,000 to purchase this building that is now fully paid for. This “free” program is open to all children up to age 18. The Junior Olympic elimination’s are held in this facility that is now under threat of eminent domain. In addition to the free program at the gym the directors provide all costs to send these young men to compete in boxing matches in Yuma Arizona.
Clemente told me that “they get attention that they don’t get at home–they learn discipline that transfers to education.” In addition to providing a positive environment for the kids this 3,700 square foot gymnasium hosts the Battle of the Badge Fundraiser for local fire and police. Mr Casillas pointed out that “former gang members now apply to the police academy.”
At the “Rally to Save the Community Youth Athletic Center,” held at Kimball Park, there were several reporters and TV crews interviewing directors and attorneys and listening to speeches from several board members. They also shot footage of the roughly 75 staff, parents and children most of which were carrying signs to “save the gym” and “help save our kids” to stickers which read” DON’T LET THEM K.O. OUR KIDS.”
Institute for Justice staff attorney Jeff Rowes told the crowd that “what’s going on in National City is a disaster.” He added “they have threatened the gym with eminent domain–that’s against the law and we intend to fight it.” The city “shouldn’t take your property to build condo’s for rich people.” Jeff also remarked that the “city delayed sharing information with the public” that was later part of I.J. senior attorney Dana Berliner’s testimony.
In his speech CYAC supporter Greg Thompson said that “approximately 20 kids work out at the gym–coaches and dads mentoring making them strong mentally and spiritually–you won’t see a police car out front investigating a crime.” He went on to add “drive by–you won’t see a For Sale sign –it’s not for Sale.”CYAC VP Victor Nunez said “we want to tell National City this is our gym and we don’t want to go anywhere. Our forefathers fought for us to own property. We worked hard to provide (this) gym for our kids– making them a success story.”
Another speaker said “it is not a gym, it’s a house of respect.”
After the Rally we headed across the park to the overflowing city council chambers where about 80 speakers presented emotional and factual objections to the proposed 12 year extension at the three hour Public Hearing.
This gets cute. This pending decision has a complication. Two of the five council members recused themselves from participating in the Resolutions and Public Hearing in that they live within the project area. That left us with three participating members.
I digress. Should two of these members later vote to extend than you will have a minority of this council making a major binding decision that will be in effect for up to 12 years.
After the RDA attorney presentation on the proposed 12 year extension, which we were told “does not include any residential properties” in the subject project area we listened as a wide range of speakers pleaded with the council to reject the extension. Some even pointed out that not a single speaker, of the 80 or so who provided written and oral testimony, showed support for the extension. After listening to a few speakers Mayor Ron Morrison acknowledged that “they have seen developer and broker abuses” where property owners within the eminent domain designated area have been intimidated with pressure to sell.
In reflecting on the three hour Public Hearing my sense is that the city council is very supportive of the kids. Over the past five years they have provided $210,000 towards funding their operation. However, that’s not the reason for our opposition. Many of the CYAC board members sent a message that may or may not have been heard. “Our property is NOT FOR SALE.”
In her presentation IJ Senior Attorney Dana Berliner pointed out that the city failed to provide appropriate documentation in a timely and legally acceptable timeframe. She “requested a 120 day continuance” on this item. Dana also pointed out that this “plan” includes about 600 properties.” In her remarks Dana pointed out the “changes in CA law last year, shoddy evidence, draft and final report was not available to the public,” and cited one or more “legal violations.”
The President of the Chamber of Commerce stated the Chamber “objects the extension. It creates a “cloud of uncertainty.”
More than one speaker mentioned the success by Anaheim mayor Curt Pringle where redevelopment can occur without the need to engage in “eminent domain.”
One speaker said they had satisfied redevelopment. We “took out a gun shop and replaced it with the gym.”
Once the Public Hearing was closed City councilman Louie Natividad took offense to some of the passion expressed by several of the speakers. To paraphrase. I helped in the formation of the gym. I was elected to serve 63,000 people–I don’t app
reciate threats–don’t say we didn’t try to help. He went on to recommend a 6 year instead of a 12 year ED extension (which I do not believe is valid). He added that some property owners are slumlords.
In responding to several speakers definition of blight Mayor Morrison said the waterfront district/corridor is blighted. He added they need to find a “property rights balance” stating a “property owner responsibility.” He challenged owners to “invest in your property.” “No one up here wants to use eminent domain.”
He commented that now some of the property owners, who do not support the children or make improvements to their properties are using the children to oppose the extension. Note: This comment might have been shared with me in our brief discussion after the break
During my presentation, as they are close to making a serious ruling on property rights, I asked if any of them attended our recent MORR/CURE conference on Eminent Domain that was held in San Diego this past April. There was no response.
As they were able to add Wal-Mart a few years ago I asked if they could remove the CYAC property. To illustrate that authority I stated that in Mission Viejo we removed our hospital from the project area while it was still in our blight zone.
Note: While I did express CURE opposition to any ED extension this report is not about my testimony.
In his final comments the mayor said they plan to protect property rights and said he had signed on to support Constitutional Amendment ACA -8 at which point, seeking equal time, yelled out form my seat that the better eminent domain and property rights solution is the Howard Jarvis Taxpayers Association proposal.
I do need to commend Mayor Morrison in that while there was a three minute time limit, and an overwhelming number of speakers, he did not stop any of the speakers while some stood at the podium for up to six minutes.
So where does this story end. There were no votes taken as this item. Procedurally they are required to formally respond to all written objections. Mayor Morrison stated “the item will come back on July 3rd and again on July.”
Stay tuned. This is just round one!
Photos to follow.
Larry Gilbert, Orange County Co-Director, CURE, Member Castle Coalition
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