We must not let our guard down
Although Mission Viejo’s Measure D failed last week there is more at stake than a future sale and potential development of the Casta Golf Course.
Anyone driving through the heart of Mission Viejo will notice the Village Center strip mall across from our city hall and city library which predates our cityhood. It is located between La Paz Road and Estanciero Drive on the eastern side of Marguerite Parkway. Major tenants in that center are Big Lots, CVS, Saddleback Lanes, Stein Mart, and Trader Joe’s.
There are real estate developers and others in the city, who would love to get the 7-9 property owners to commence a major renovation which can include mixed-use development with multi-story lodging above shops.
While voters passed Prop 99 in 2008, which allegedly protects owner occupied homes, it does not offer any protection for business owners from local police powers of eminent domain takings when you have no desire to sell.
Mission Viejo’s only redevelopment project area was created in 1992. It includes most of the commercial properties in the southern part of our city and the Freeway Center.
The area I am referring to is not in that project area where the powers of eminent domain expired after 12 years. I have that confirmation in writing from our city redevelopment attorneys. While the letter states those powers to have ended I do not believe that announcement would apply to any new project area.
Those opposing Measure D spent over $100,000 for a reason. In my view it was to tear down and renovate the Village Center using eminent domain powers.
Our task is to monitor future city council meetings and immediately challenge any new or amended redevelopment plan within the timeframe allowed by law. We need to keep our eyes on any official Public Notices and Hearings that, in accordance with redevelopment law, are required prior to any plan’s adoption. That would also include the proposed CRA project plan and boundary map. If this were to be approved the MV redevelopment agency would divert tax increment for the next 30 to 40 years.
This is a serious concern. Unless we can block Mission Viejo’s redevelopment agency “the Agency will have the power to acquire property by purchase or condemnation (eminent domain) in order to eliminate blight, provide public improvements and permit development in accordance with the Redevelopment Plan. All property in the project area would therefore be subject to the possibility of acquisition or condemnation by the Agency under the circumstances set forth in the Redevelopment Plan.”
Larry. How can we stop this taking? “The best and cheapest way to challenge any amendment is by a referendum petition filed with the city clerk within 30 days of passage for the amendment ordinance and containing not less than 10% of the registered voters in the city.”
Larry Gilbert is the OC Co-Director of Californians United for Redevelopment Education. He is also a member of the Castle Coalition and serves as an elected board member of the California Alliance to Protect Private Property Rights
While I disagree that the No on D folks are conspiring to take over the Village Center, I agree wholeheartedly with Larry on the redevelopment issue. Too many areas are improperly taken by the government in the name of redevelopment. The definition of blight has been bastardized to the extent where virtually any property can be spun as “blighted” to allow the government to take private property from one entity and hand it over to another private entity, in the name of “progress.” The Village Center may not be the most modern commercial area, but it is far from blighted. While I support the right of any property owner to apply to the Council for a project, I would not support the use of eminent domain to take the property. Our Founding Fathers held private property rights dear and they would never imagine the 5th Amendment would be used to juice a public entity’s coffers.
Well helloooo there. Politics can be a whole lot like trying to put together a 1000 piece puzzle when all of the colors are blue. My mom and brother loved puzzles. When I was a kid, I did not. But now, after many years of being in Orange County politics, some of us can begin to piece things together when we see the same names over and over and the pieces fall into place. Lobbyists who were on opposite sides for years and supported candidates who hated each other when seen working together to promote an outside contractor and suddenly those politicians who hate each other are singing a new tune. You stop wondering and another piece falls into place.
The advantage that Larry has is perspective. He not only has been doing this for a lifetime, he has impeccable files and a very good memory. I am relatively new to this only being involved for 30 years or so, but I too have everything in files and most of them are very well organized. I bring this up because of Newbie’s comments about the Village Center. Newbie, you needed to pay attention when I said that the city had spent over $20,000 to ULI to study that center and its ‘better use’. It may not be on file, so ask the city clerk for a copy of the study. At the time, the then council under protests from some shops dropped the idea. Don’t count on future councils to do the same, and there is no D to protect you now.
The smart people wanted to raze the center and build hundreds of units on top of stores and shops who would necessarily have to charge more rent. There are 11 property owners who at this point do not agree on what to do (enter emminent domain). It would be a typical case of your government thinking it knows what is best for you.
Just remember when Obama said he was about to Fundamentally Change our country, it meant something different to each one of us. I am sure that what you have envisioned is not the same as the Realtors PAC or the builders. The worst part of their ‘plan’ was how they would handle the parking. With so many units and shops, they proposed using an ‘undetermined offsite location’ to shuttle the new residents to as they came and went every day. Shades of Forrest Gump.