Loading...
RA2003/09/30 ANAHEIM, CALIFORNIA ANAHEIM REDEVELOPMENT AGENCY MEETING II September 30, 2003 The Anaheim Redevelopment Agency met in regular session. Present: Chairman Curt Pringle and Agency Members, Shirley McCracken, Bob Hernandez, Tom Tait and Richard Chavez. Staff Present: City Manager David Morgan, City Attorney Jack White, Secretary Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim Redevelopment Agency was posted on September 26, 2003 at the City Hall outside bulletin board. Chairman Pringle called the regular meeting of the Anaheim Redevelopment Agency to order at 5:50 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONS/DELETIONS TO THE AGENDA: None. PUBLIC COMMENTS: Alma Ramirez requested presentation of Master Plan for Golden Sky Mobile Home Park. Ed Perez spoke of Moving On Entertainment renovation process and programming and thanked Agency for opening up venue for multi-faceted uses. CONSENT CALENDAR ITEMS 1 - 2: Item 1 was removed from Consent Calendar by Agency Member McCracken. Agency Member Tait moved approval of Agency Consent Calendar Item 2, seconded by Agency Member Chavez. Roll Call Vote: Ayes - 5; Chairman Pringle, Agency Members McCracken, Tait, Hernandez, Chavez. Noes - 0. Motion carried. 161 2. Approve minutes of the Agency meeting held September 23, 2003. 123 END OF CONSENT CALENDAR ITEMS: Approve and authorize the Executive Director to execute Amendment No. 1 to the Disposition and Development Agreement with Moving On Entertainment to modify the current permitted uses. Elisa Stipkovich, Community Development Director, explained the amendment to the Disposition and Development Agreement with Moving on Entertainment would allow use for religious services in the facility limited to two days a week, Sunday and Wednesday, for 120 days a year. The current agreement prohibited religious use. Agency Member McCracken indicated the original Disposition and Development agreement reflected a theater and entertainment center solely on the site which was constructed using Agency funds and included the deed restriction prohibiting religious use. Agency Member McCracken voiced reservations on removing the deed restriction for a number of reasons: i.e., the Agency had prohibited religious use for specific reasons and in her discussion with Moving ANAHEIM REDEVELOPMENT AGENCY MINUTES SEPTEMBER 23, 2003 Page 2 On Entertainment, litigation against the Agency was mentioned if church use of the site was denied. For these reasons, Agency Member McCracken would not support the amendment at this time. In response to Chairman Pringle, Ms. Stipkovich indicated the building was originally owned by Leo Friedman, built as a theater-in-the-round, but was never financially successful and was under several operators before Moving On Entertainment took over the property. She indicated the site was dark for the last 10 years and that, upon direction given by the Agency and supported by the owner, staff tried to entice various users to the site with no success. Mr. Perez, responding to Chairman Pringle's questions, indicated that the consistency and goal of Moving On Entertainment was as a non-profit benefit corporation for the performing arts and 86 percent of the use would continue to be for performing arts and the remaining 14 percent downtime would be for community and church use. Mr. Perez indicated the maximum he anticipated for religious use was 120 days a year and that his goal of 86 percent entertainment use would remain for future use as well. Mr. Perez indicated this limited religious use mirrored that of the Civic Center use, which provided a similar service to the community. He further stated offering multi-faceted uses for Heritage Forum would ensure its success. Recognizing the restrictions that were originally placed on the site when the Agency envisioned a thriving theater and the fact that the operation was never financially viable, Chairman Pringle was supportive of amending the deed restriction to add religious activities to make the operation successful and to provide a full complement of service to the community. Agency Member Tait was supportive of the amendment to provide religious use. Agency Member Chavez supported the amendment and thanked Moving on Entertainment for investing in the community. Agency Member Hernandez questioned the deed restriction and the use of City parking. Ms. Stipkovich indicated the deed restriction was in place because at the time of the original conveyance of the property, the Agency did not want the site to be a church; the rationale given due to the history of Melodyland. Ms. Stipkovich indicated Moving On Entertainment held a parking lease with the City of Anaheim which restricted times of use, but which did not conflict with activities of the Civic Center and the agreement would stay in place. Moving On Entertainment had the right to park a certain number of vehicles in the City parking structure regardless of what events are held on the site. In this way, the separation of church and state would be maintained and there was no direct relationship with any of the events held at the site, whether they were performance-related services or church services. Regarding separation of church and state, City Attorney Jack White indicated the parking agreement and Amendment No. 1 did not pose any liability to the Agency and there would be no potential for a claim that the Agency was offering the facility to the church below the market rate. He confirmed the parking agreement is with the owner of the property and it is up to the owner as to what is provided to his tenants. Agency Member Hernandez stated that he was not comfortable supporting the amendment. Agency Member McCracken indicated she was reluctant to make a decision at this time and queried whether recent law and court decisions relating to church land use had an impact on the matter. City Attorney Jack White responded the Religious Land Use and Institutionalized Persons Act of 2000 placed severe restrictions upon public agencies for granting entitlements while acting in their governmental capacity. For Amendment No. 1, Mr. White stated the Agency would be acting in a proprietary capacity and had the right to enforce deed restrictions ANAHEIM REDEVELOPMENT AGENCY MINUTES SEPTEMBER 23, 2003 Page 3 even those related to religious institutions. The amendment would not be considered an entitlement. Agency Member Chavez moved to approve and authorize the Executive Director to execute Amendment No. I to the Disposition and Development Agreement with Moving On Entertainment to modify the current permitted uses, seconded by Agency Member Tait. Roll Call vote: Ayes - 3; Chairman Pringle, Agency Members Tait and Chavez. Abstention - 1; Agency Member Hernandez. Noes - 1; Agency Member McCracken. Motion Carried. ADJOURNMENT: There being no further business, Chairman Pringle adjourned the Anaheim Redevelopment Agency meeting at 6:33 p.m. Sheryll Schroeder, CMC Secretary, Anaheim Redevelopment Agency