Morgan Hill – Yes, their political campaigns are in full swing.
Yes, there’s been public outcry over eminent domain.
But city council members Steve Tate and Greg Sellers said that’s not the why they’ve joined every other city council candidate in opposing adding the controversial tool to the redevelopment agency. Earlier this year, Tate, Sellers and other members of the city council backed including eminent domain authority in a plan to amend the RDA.
“Setting up the decision to be considered, and actually making the decision, are two different things,” said Sellers, who’s seeking his third term on the city council in the Nov. 7 election. “Having considered it, there are some definite benefits to having eminent domain as a tool. But the costs of having it, both in terms of community good will and property owners’ rights, outweigh those benefits,” which might include saving time and money in combating blight.
Tate, who’s running for the mayor’s seat, echoes that sentiment. He understands that eminent domain might help the RDA revitalize downtown faster. He’s articulated how it could be deemed helpful in assembling small parcels for development. But he said the controversial tool could be dangerous if placed in the wrong hands. He trusts his own judgment, but he is weary of future city councils.
“It’s been a hard decision for me to make,” said Tate, who’s vying for the mayor’s seat. “I’ve decided we’ve gotten along without it in the past, and we can get along without it in the future.”
City Manager Ed Tewes said he can’t think of a single time when the city’s redevelopment agency, established 25 years ago, ever used eminent domain. The agency had that authority at the start, but subsequent plan amendments in 1994 and 1999 did not include eminent domain.
City council members Larry Carr and Mark Grzan – who both have two years left in their terms – are currently undecided on the issue. Grzan said he is leaning toward allowing eminent domain in the proposed $333 million plan amendment for the RDA. He noted it would only apply to blighted commercial properties, fronting Monterey Road from Watsonville Road to Tilton Avenue, and in the downtown area bordered by Butterfield Boulevard, Del Monte Avenue, Dunne and Main avenues.
“You’ve heard all the council candidates say they want a vibrant downtown. But one property owner can hold up” progress toward that goal, Grzan said, adding he won’t make his final decision until he hears from more business owners.
The city council will decide whether to adopt the new RDA plan on Nov. 8 following a public hearing at City Hall.
The Morgan Hill Chamber of Commerce last week voted 5-3 to endorse re-authorizing the eminent domain component of the RDA plan. But two members of the chamber’s executive board, Rosy Bergin who owns Rosy’s At The Beach on Monterey Road and city council candidate Alex Kennett who also owns property downtown, abstained from voting due to conflicts of interest. Bergin declined comment, but Kennett has gone on record opposing eminent domain for the RDA.
“I believe in market force as a principal of economy,” Kennett said. “Let the market drive the need for a willing buyer and willing seller to get together. A municipality can facilitate and help mitigate such activities, but it need not be a principal therein.”
Mayoral candidate Dennis Delisle, and city council candidates Marby Lee, Chris Borello, Al Tervalon, have railed against eminent domain based on their moral principals. Lee and Tervalon said they wouldn’t support its use under any circumstances. Borello said property rights outweigh expediency. Delisle said he’s opposed to the concept of taking property from one citizen and giving or selling it to another.
On Oct. 4, the city’s Community and Economic Development Committee, of which Carr and Sellers are members, presented a report establishing when the power of eminent domain would be used, should it be re-authorized as part of the RDA plan amendment. The report recommended using eminent domain as a “last resort after good faith negotiations have been made.”
Tony Burchyns covers Morgan Hill for The Times. Reach him at (408) 779-4106 ext. 201 or tburchyns@morganhilltimes.
