The Eminent Battle Over City’s Power to Condemn

Registered voters are coveted and courted these days outside a Ralphs market on Whittier Boulevard.

Activist Larry Salazar asked a shopper to sign petitions aimed at recalling City Council members Arnold M. Glasman, William Nighswonger, Art Payan and Kathy Salazar (who is not related to the activist). “They’re not interested in listening to the people,” he told the shopper.

But supporters of the council members did not let that pass. “You should go (to a council meeting). You’d learn firsthand,” said passer-by Maria Rodriguez, who assured the shopper that the targeted politicians are sensitive to residents.

The shopper walked away without signing Salazar’s petition, saying she needed to consider the matter further.

Decision Polarized Activists

Community activists seldom have been as polarized in Montebello as they are now over a Nov. 28 decision by the council majority to give the city’s Redevelopment Agency condemnation power to spur redevelopment in two areas of South Montebello.

Just a few weeks ago, the South Montebello Area Residents Together group used the same parking lot to gather signatures for a successful petition drive that prompted the City Council last week to schedule a special election. Voters will decide the eminent domain issue May 2. In the meantime, the two eminent domain ordinances have been suspended.

“With all of the controversy that’s taken place, . . . I want the people to decide,” Payan said last week.

Both sides say the city’s future is at stake, but they could not disagree more over how the condemnation power would affect that future.

The four council members, most of their supporters and city staff members said the measures would give the city the tools it needs to attract modern, cleaner industry and business that would provide tax revenue needed to pay for adequate public services, including police and fire protection.

Residents Together and a recently formed coalition of businessmen and residents called Montebello Cares oppose the ordinances.

Residents said the use of eminent domain would make their neighborhoods unbearable because the city has not planned properly to protect them from increased traffic, noise and pollution that would result from increased development.

Businessmen who belong to Montebello Cares said it could be financially devastating and unfair if they are forced to give up property so another business can move in, even if that business would provide more revenue for city government.

Zones Mostly Industrial

The two redevelopment zones, which cover about 620 acres, are mostly industrial, with some commercial businesses and spots of residential areas. In some cases, homes abut such industrial operations as truck yards. Modern buildings are mixed with aging industrial and residential structures.

Recall proponents said they have long been dissatisfied with the four council members, but the issue of eminent domain triggered the drive.

But many Montebello residents seem to be split on the recall and eminent domain issues.

Some members of Residents Together, such as Larry Salazar, are participating in the recall bid organized by activist Shirley Garcia, also a member of the group. Others have chosen to work only on the campaign to invalidate the eminent domain ordinances.

On the other side, prominent local developer Phillip Pace has joined anti-recall forces, while strongly opposing the use of eminent domain for redevelopment. “They’re two completely separate issues,” he said.

At first, the eminent domain foes consisted almost entirely of residents of South Montebello. But recently, business owners in the affected areas joined the fray. They supplied most of a $95,000 legal war chest for Montebello Cares, the recently formed coalition of Montebello business people and residents.

The group has sued in a bid to block the eminent domain ordinances even if the city’s voters do not strike them down May 2.

“In 30 years, this has probably been the most intense issue,” said Councilman Edward C. Pizzorno, who opposes the bid to give the redevelopment agency condemnation power and is the only council member not targeted for recall.

Forces both for and against using eminent domain have not completed plans, but they have pledged strong campaigns that could rival those waged for City Council seats.

Councilwoman Salazar, the council’s most vocal advocate of the ordinances, said she will do “whatever it takes” to get voter approval.

Dairyman’s Fears

Raymond Broguiere, chairman of Montebello Cares and a member of Residents Together, said he was busy last week arranging for posters to be made to urge a vote against the eminent domain measures. He said eminent domain foes will put out flyers describing their position and may hire an election consultant.

More than 60 people, mostly businessmen, have contributed to the Montebello Cares legal fund, said Broguiere, who owns Montebello Sanitary Dairy.

“Eminent domain--it’s just wrong,” Broguiere said. “When eminent domain is there, you no longer own your property. You’re stripped of your ownership rights.”

Broguiere, a third-generation dairyman, said his business produces little tax revenue for the city, so he figures that his property would be vulnerable if the Redevelopment Agency is given condemnation power. He said a move could cost him his business, because he counts on sales to customers who come to buy milk at a dairy they have patronized for decades. Broguiere’s grandfather founded the dairy in 1920.

“They could move me to another place and I’d slowly go broke,” Broguiere said. “I’d like to see my son one day take it over--the fourth generation.”

Redevelopment officials said no properties have been targeted.

Attract Development

The four council members are adamant. Like the city’s redevelopment staff members, the council members said the Redevelopment Agency needs eminent domain so that it can quickly piece together sizable parcels of land to attract new commercial and industrial developments.

Under state law, a redevelopment agency equipped with the power of eminent domain can force unwilling property owners to sell property to the agency at fair market value. Owner-occupied, single-family homes would be exempt from eminent domain under the ordinances.

Without eminent domain, a single property owner could stall a project and cost the city future jobs and tax revenue to pay for government, proponents say. This year, the city expects to spend about $1 million more than it will take in for general services. The city will draw from reserves to make up the difference.

“Montebello has to grow,” Councilwoman Salazar said. “Montebello has to progress, and we need the money to do that. The people demand certain services, a good fire department, a good police department. Eminent domain and the Redevelopment Agency are ways of being able to have an income to satisfy the needs of the community.”

Other Cities Have It

Montebello redevelopment officials have long said they need the power of eminent domain to compete with surrounding cities, such as Pico Rivera, whose redevelopment agency has condemnation power.

Pico Rivera Assistant City Manager David Caretto said eminent domain was used to assemble parcels for five major commercial and residential projects along Whittier Boulevard, which has been transformed into a modern commercial hub.

Montebello Assistant City Administrator Victor Grgas said the city has received several inquiries from “substantial” industries that heard the city would have condemnation power and are interested in moving to Montebello. Grgas declined to identify the firms.

But Montebello Cares members said city officials should live within the budget and not try to generate more tax income at the expense of unwilling property owners.

Eminent domain foes said the city has been able to attract businesses to its redevelopment areas without having to condemn property. Broguiere said the city could offer grants or other incentives to help renovate run-down properties.

Previous Successes

The city has had redevelopment successes, having participated in seven sizable projects since 1984, said Linda Payan, manager of economic development and wife of Councilman Payan, one of the supporters of eminent domain.

The largest of those projects, the $100-million Montebello Town Center mall, was built on vacant land in a redevelopment zone in North Montebello. The Redevelopment Agency has condemnation power in the 997-acre zone, but it has not used it, Linda Payan said.

But the power could be helpful in the South Montebello zones, which are more densely developed, she said.

Residents Together, the homeowners group, and Montebello Cares would appear to be strange allies. Many contributors to the Montebello Cares legal fund own trucking and trash-hauling firms. Residents Together members have complained about noisy, smoking trucks running through and near their neighborhoods.

Two lawsuits recently filed by Montebello Cares accuse city officials of approving environmental impact reports that greatly understate the traffic, pollution and noise that would result from accelerated development if eminent domain were used.

No Advisory Committee

The suits also accuse the city of violating many provisions of state law during the months-long process to approve the ordinances. One of the alleged violations is that the city did not properly form an advisory citizens’ committee to consider the ordinances.

The residents’ concerns over pollution were apparently heard.

After the council tentatively approved the ordinances Nov. 14, Glasman addressed the members of the business community: “If your business is clean, if you provide jobs, if you provide sales tax revenues and you don’t create air or noise pollution and you don’t represent a danger to our community, then we want you in Montebello.”

The councilman later said he favors fewer trucking firms and fewer companies that deal with hazardous materials.

Trucking and trash-hauling firms feel particularly vulnerable to eminent domain, said Gary Hairabedian, a Montebello Cares organizer who runs G. H. Disposal, a small trash-hauling firm on South Maple Avenue.

“They’re already classifying us as unclean,” Hairabedian said.

He also noted that trucking firms produce relatively little tax revenue for the city. “They’re basically saying we don’t want you here, because we’re not making money off you,” he said. “What gives them the right?”

Support From Others

Even though foes of eminent domain collected enough signatures to force an election, the council majority’s approval of the eminent domain ordinances enjoys strong support from many city leaders.

City Treasurer Phillip M. Ramos has spoken for the eminent domain proposal, as have 12 city commissioners, who are appointed by council members. Former Councilwoman Elaine Kirchner and former Fire Chief Bob Metz also added their support.

While a group has not yet been formed to campaign for the council position, the foundations of such an organization have been established.

The four targeted council members and Rick Salazar, Councilwoman Salazar’s husband, have formed a political action committee to fight the recall. Its chairwoman, Irene Lopez, said the group has about 160 members, with about 40 people attending an organizational meeting last week.

Recall organizer Shirley Garcia said last week her forces have gathered more than 2,500 of the 4,520 signatures they need to qualify a recall election on the four council members. Recall proponents have until March 9 to gather signatures.