Long live the Eastern Gateway or how I learned to love the Anaheim City Council after the election.

[mlayton144]

That’s pretty much exactly what they are, restrictions on what the current private owner can do implemented by a previous owner. It’s not some obscure concept so you can research it yourself.

I’m no attorney , but I would think it would be illegal to exclude a named person or company from acquiring real estate based on just that , how land is used is an entirely different story, and given the fact that these are commercial properties in the business of hospitality/lodging that would seem to align with Disney’s potential use of the property ... interesting stuff

 

[Disney Irish]

I’m no attorney , but I would think it would be illegal to exclude a named person or company from acquiring real estate based on just that , how land is used is an entirely different story, and given the fact that these are commercial properties in the business of hospitality/lodging that would seem to align with Disney’s potential use of the property ... interesting stuff

As Lazyboy indicated deed restrictions can be placed on a property for any number of reasons. Its a common practice and very much legal in real estate and something that is very hard and expensive to break. There is a large section on it in the CA Real Estate exam, I had to learn about it when I took my exam decades ago in a former life.

 

[Darkbeer1]

I can tell you that it is true. A few lodging properties on Harbor/Resort Area have them, and in some cases, it is restricted to more than Disney.

These Trusts were drawn up in the 1960's by a lawyer who worked for the local Hotel/Motel owners association. Some of the properties are owned by the families trust, but have arranged for a management company to run the day to day business. It was in response to Disney trying to buy properties using a third party(s), but it was exposed rather quickly, which angered the owners.

The trust still owns the land, and profits are distributed to those spelled out in the trust, and their heirs. But the trustee is a legal firm, who follows the rules of the trust, which states the property can't be sold, just operated to create income.

Alas, I can't disclose which lodging locations have them due to my NDA's in relationship with S.O.A.R.

Disney actually talked to the city about using eminent domain decades ago, but the city wanted no part of it, as many city leaders owned the properties. And now, eminent domain cannot be used for property transfer to a third party.

Not directly related, but at a special city budget workshop I attended, Surprised how few people were invited, only about 10, heck, there was more senior city staff there than invited guests, But a discussion of ways to clean up the city, they talked about how, after redevelopment agencies were banned in California, the city can only buy things from willing sellers for the most part.

 

[mlayton144]

I can tell you that it is true. A few lodging properties on Harbor/Resort Area have them, and in some cases, it is restricted to more than Disney.

These Trusts were drawn up in the 1960's by a lawyer who worked for the local Hotel/Motel owners association. Some of the properties are owned by the families trust, but have arranged for a management company to run the day to day business. It was in response to Disney trying to buy properties using a third party(s), but it was exposed rather quickly, which angered the owners.

The trust still owns the land, and profits are distributed to those spelled out in the trust, and their heirs. But the trustee is a legal firm, who follows the rules of the trust, which states the property can't be sold, just operated to create income.

Alas, I can't disclose which lodging locations have them due to my NDA's in relationship with S.O.A.R.

Disney actually talked to the city about using eminent domain decades ago, but the city wanted no part of it, as many city leaders owned the properties. And now, eminent domain cannot be used for property transfer to a third party.

Not directly related, but at a special city budget workshop I attended, Surprised how few people were invited, only about 10, heck, there was more senior city staff there than invited guests, But a discussion of ways to clean up the city, they talked about how, after redevelopment agencies were banned in California, the city can only buy things from willing sellers for the most part.

Good stuff but a lot of topics baked into the above . Not allowing sale of a property, based on land use, or a 3rd party outside the trust is entirely different than explicitly excluding an individual or corporation access to a property no? It would be like saying the Hatfield's will own 1000 acres in Appalachia in perpetuity and the hatfields are barred from EVER acquiring said property .... all kinds of issues there. I would bet the biggest constraint to acquiring would be the $$$$ involved , interesting stuff

 

[mlayton144]

Good stuff but a lot of topics baked into the above . Not allowing sale of a property, based on land use, or a 3rd party outside the trust is entirely different than explicitly excluding an individual or corporation access to a property no? It would be like saying the Hatfield's will own 1000 acres in Appalachia in perpetuity and the hatfields are barred from EVER acquiring said property .... all kinds of issues there. I would bet the biggest constraint to acquiring would be the $$$$ involved , interesting stuff

Meant the McCoy’s LOL

 

[Disney Irish]

Good stuff but a lot of topics baked into the above . Not allowing sale of a property, based on land use, or a 3rd party outside the trust is entirely different than explicitly excluding an individual or corporation access to a property no? It would be like saying the Hatfield's will own 1000 acres in Appalachia in perpetuity and the hatfields are barred from EVER acquiring said property .... all kinds of issues there. I would bet the biggest constraint to acquiring would be the $$$$ involved , interesting stuff

However in this case the Trust was created for a property with the specific intent as to prevent a specific party from purchasing said property.

 

[DanielBB8]

These Trusts were drawn up in the 1960's by a lawyer who worked for the local Hotel/Motel owners association. Some of the properties are owned by the families trust, but have arranged for a management company to run the day to day business. It was in response to Disney trying to buy properties using a third party(s), but it was exposed rather quickly, which angered the owners.

The trust still owns the land, and profits are distributed to those spelled out in the trust, and their heirs. But the trustee is a legal firm, who follows the rules of the trust, which states the property can't be sold, just operated to create income.

Trusts are hard to break. This is a separate issue than deed restrictions. As long as the trusts are still controlled by the family, Disney will have a difficult time acquiring the properties. This doesn't mean it won't ever happen. Disney is a corporation that can outlast any Trust or vice versa. If Disney doesn't outlast it, the point of the Trust is resolved except to provide a reasonable way to keep it in the family. The California market still needs hotels, but I wonder how much of that matters if Disneyland Resort ceases to operate. All that capacity can't be supported without Disneyland.

The families that own the Trust might want to cash out. Of course, maybe Disney doesn't care as demonstrated by not developing any hotel since the Grand Californian. They can still afford it despite not have city subsidies. Disney is charging $500 a night in the run up to Star Wars Land opening. The old Paradise Pier Hotel is commanding $400 a night. This is easy money. Construction costs will only keep increasing especially in a good economy.

 

[mlayton144]

Also , (almost) everyone has their price , I would think that vague deed / trust restriction could be ignored esp if there are legality issues (explicitly excluding one party by name) and the price was right. At this point if Disney doesn’t project the return in a ridiculous asking price they will just look elsewhere

 

[Darkbeer1]

Also , (almost) everyone has their price , I would think that vague deed / trust restriction could be ignored esp if there are legality issues (explicitly excluding one party by name) and the price was right.

Let me assure you that one of the best of Southern California's real estate lawyers drew up the Trusts, and the wording is not vague, the trustee is NOT the family, and so far has proven unbreakable.

If a family member wants out of the trust, they can sell their shares to other trust owners, or if they don't want to buy, the trust itself buys back the units.

The trusts do have a charitable clause, in which the earned funds goes to a charity(s) named in the original trust if the named unit owners don't pass on their shares.

And as stated, nobody has said that "Disney" is named in the trusts, only that it was the intent of setting up the trusts. We are talking 50+ year old trusts, so clearly they have proven unbreakable in court challenges. Divorce was around in the 1960's, so the trusts have very specific protections.

 

[lazyboy97o]

Also , (almost) everyone has their price , I would think that vague deed / trust restriction could be ignored esp if there are legality issues (explicitly excluding one party by name) and the price was right. At this point if Disney doesn’t project the return in a ridiculous asking price they will just look elsewhere

With deed restrictions and trusts it doesn’t always matter what those currently involved want or if they Ike the price.

A specific party is not a protected class. There is no legal issue because private entities are not required to have something like an open auction to sell their land.

 

[mlayton144]

Ok that makes more sense , so the language around the trust / deed is framed around some higher level purpose , without naming Disney by name. Presumably there are a whole bunch of entities that would be similarly restricted from purchasing that same property based on those same terms

 

[fradz]

Imagine driving your car underneath a theme park.

Phantasialand

 

[DanielBB8]

It's so unusual to have a trust that is irrevocable to thwart Disney that they bind the families from cashing out. They also give their lawyer trustees so much power. I have my own trust and I do what I wish with my assets. Just because families don't trust Disney shouldn't mean they don't trust themselves to know what they want to do. And bad feelings about Disney, which still may be true, shouldn't color all situations that may pass in future generations or merely time.

I can imagine disgruntled family member. "Here's your income after accounting for maintenance, upgrades, and lawyers fees." "That's all?"

 

[Darkbeer1]

It's so unusual to have a trust that is irrevocable to thwart Disney that they bind the families from cashing out. They also give their lawyer trustees so much power. I have my own trust and I do what I wish with my assets. Just because families don't trust Disney shouldn't mean they don't trust themselves to know what they want to do. And bad feelings about Disney, which still may be true, shouldn't color all situations that may pass in future generations or merely time.

Look, the owners, back in the 1960's didn't trust their kids, and set up the trusts to produce a steady income stream for their families.

These are NOT the current Family Trusts designed for tax deference. The tax law was a LOT different back then.

It was a way to let Dad keep control of the Lodging they built from scratch on land they bought.

 

[Darkbeer1]

OK, the City Council Agenda came out tonight for Tuesday's meeting.

While nothing about the Eastern Gateway is on it (It will start with the Planning Commission), Two related items are on it.

The major one relates to the wish list for the City's Traffic division. I have mentioned multiple times since the Eastern Gateway was announced originally that the city wanted multiple Pedestrian Bridges in the Resort area to help traffic flow and safety, but needed to find funds to do it... And I stated that Harbor and Katella and Disney Way were the two top choices...

https://local.anaheim.net/docs_agend/questys_pub/21363/21393/21394/21660/21661/Staff%20Report21661.pdf

Selected Paragraphs only... (Bolding was added by me)

>>In 2010, the City of Anaheim in collaboration with the Anaheim/Orange County Visitor and Convention Bureau (now known as Visit Anaheim) and a consortium of hoteliers formed the Anaheim Tourism Improvement District (ATID) for the promotion of local tourism and convention-related programs as well as transportation improvements within The Anaheim Resort and the Platinum Triangle. The ATID places a 2% assessment upon all the hoteliers within the ATID boundaries. Of the revenues collected from the ATID assessment, 25% of the funds are placed in a separate transportation fund that is intended to be dedicated to transit or transportation improvements within the ATID boundaries.

A three-member ATID Transportation Committee identifies funding priorities and approves expenditures. The committee is made up of representatives from the following entities: 1) Representative of the City of Anaheim appointed by the Anaheim City Manager; 2) Representative from the largest single contributor in the aggregate by brand to the ATID; and, 3) Representative of the hoteliers as recommended by the Visit Anaheim Board of Directors, who shall also be an owner or operator of an Assessed Facility and a member of the board of directors of the Anaheim Transportation Network (ATN) and approved by the other two representatives on the committee. DISCUSSION: On May 11, 2018, the California Department of Transportation (Caltrans), awarded the City of Anaheim $287,000 of Sustainable Communities grant funds, as part of SB 1 – The Road Repair and Accountability Act of 2017, to prepare The Anaheim Resort Area Mobility Plan (Mobility Plan), with a local match of $155,000 provided with ATID funds, for a total of $442,000. The City entered into an agreement with Caltrans in October 2018.

The Mobility Plan will be prepared as a collaborative effort with area stakeholders and is intended to identify ways to improve the circulation and safety of pedestrians, bicyclists, motorists, and public transit in and around The Anaheim Resort. It will address measures to improve first/last mile connections to transit. It will evaluate wayfinding signs, potential pedestrian bridge locations and design and safety lighting for pedestrian and bicycle pathways. It will also address vehicle flow, including identifying necessary improvements to vehicle signs and study integrating electronic messaging signs with the Caltrans Integrated Corridor Management System. Stakeholders will include residents, employees, area businesses, active transportation advocacy groups, neighboring cities, transit agencies (Orange County Transportation Authority, Anaheim Transportation Network and Caltrans), Visit Anaheim and visitors. The goal of the Plan is to identify capital projects that will improve mobility in and around The Anaheim Resort and provide cost estimates so that the city can set priorities and seek funding opportunities for future improvements. The Study is anticipated to be completed by the end of 2020.

In 2017, the ATID Transportation Committee allocated $200,000 of transportation component funds for the Mobility Plan for the local match, staff time and contingency. In April2018, the ATID Transportation Committee allocated an additional $50,000 towards analyzing the feasibility of constructing a pedestrian bridge at two intersections in The Anaheim Resort (intersection of Harbor Boulevard and Katella Avenue and intersection of Harbor Boulevard and Disney Way).<<

This is just another step, with many more to go, but it shows that the three bridge system that would direct foot traffic to the planned new Pedestrian Entrance on Disney Way (by Pummba) is still what the city wants. And the city also does NOT want an entrance to the new Security Check off Harbor, they want the foot traffic to migrate off of it, not add to it. Disney has been made out to be the bad guys, but in reality, the City wants to get rid of the current Pedestrian Crosswalk next to Captain Kids, and place a solid barricade down the Middle of Harbor between Disney Way and Manchester.

 

[Darkbeer1]

The other item is more informational

https://local.anaheim.net/docs_agend/questys_pub/21363/21393/21396/21564/21646/Staff%20Report21646.pdf

>>The ATN, through the provision of the Anaheim Resort Transportation (ART) system, currently operates 23 routes 365 days per year, serving over 9.5 million annual passengers.<<

At first glance, it is a WOW number, but that includes the Toy Story Buses, by far, the busiest route in the network.

>> Describe steps ATN is taking to transition the ART fleet to zero emission vehicles and electrify the fleet operations, including starting operation of 42 new electric buses by the end of 2020.

 Describe steps ATN is taking to implement next-generation mobility options including core elements of a Mobility as a Service (MaaS) platform, which includes the following: on-demand e-hail transportation such as the new electric micro-transit FRAN (Free Rides Around the Neighborhood) service that started earlier this year; mobile ticketing and journey planning; integration of traditional transit service with Transportation Network Companies to provide one-off trips, connections from ART to other destinations such as airports and beach communities and first-last mile connections; integration of real-time “next bus” passenger information systems to ease travel (within the next few months 50 real-time passenger information arrival signs will start to be installed, including 25 signs at ART bus stops and 25 signs at the Disneyland Resort Main Transportation Center); and, partnership with other transportation providers, such as Metrolink and Amtrak, to allow for complete trip planning and single payment options.<<

So Real Time Boarding info will be available at both the current Transportation Hub, and many Hotel stops (50 digital signs in all), I also presume real time info will be available online.

And more upgrades to the current fleet, which are some of the best kept public buses in SoCal.

So positive changes coming the Anaheim Resort Area, and hopefully better options to go to/from airports and the beach!

And hopefully less guests that need to drive to the DLR and need a parking space. Also for CM's to get to work faster and easier.

 

[Old Mouseketeer]

OK, the City Council Agenda came out tonight for Tuesday's meeting.

While nothing about the Eastern Gateway is on it (It will start with the Planning Commission), Two related items are on it.

The major one relates to the wish list for the City's Traffic division. I have mentioned multiple times since the Eastern Gateway was announced originally that the city wanted multiple Pedestrian Bridges in the Resort area to help traffic flow and safety, but needed to find funds to do it... And I stated that Harbor and Katella and Disney Way were the two top choices...

https://local.anaheim.net/docs_agend/questys_pub/21363/21393/21394/21660/21661/Staff%20Report21661.pdf

Selected Paragraphs only... (Bolding was added by me)

>>In 2010, the City of Anaheim in collaboration with the Anaheim/Orange County Visitor and Convention Bureau (now known as Visit Anaheim) and a consortium of hoteliers formed the Anaheim Tourism Improvement District (ATID) for the promotion of local tourism and convention-related programs as well as transportation improvements within The Anaheim Resort and the Platinum Triangle. The ATID places a 2% assessment upon all the hoteliers within the ATID boundaries. Of the revenues collected from the ATID assessment, 25% of the funds are placed in a separate transportation fund that is intended to be dedicated to transit or transportation improvements within the ATID boundaries.

A three-member ATID Transportation Committee identifies funding priorities and approves expenditures. The committee is made up of representatives from the following entities: 1) Representative of the City of Anaheim appointed by the Anaheim City Manager; 2) Representative from the largest single contributor in the aggregate by brand to the ATID; and, 3) Representative of the hoteliers as recommended by the Visit Anaheim Board of Directors, who shall also be an owner or operator of an Assessed Facility and a member of the board of directors of the Anaheim Transportation Network (ATN) and approved by the other two representatives on the committee. DISCUSSION: On May 11, 2018, the California Department of Transportation (Caltrans), awarded the City of Anaheim $287,000 of Sustainable Communities grant funds, as part of SB 1 – The Road Repair and Accountability Act of 2017, to prepare The Anaheim Resort Area Mobility Plan (Mobility Plan), with a local match of $155,000 provided with ATID funds, for a total of $442,000. The City entered into an agreement with Caltrans in October 2018.

The Mobility Plan will be prepared as a collaborative effort with area stakeholders and is intended to identify ways to improve the circulation and safety of pedestrians, bicyclists, motorists, and public transit in and around The Anaheim Resort. It will address measures to improve first/last mile connections to transit. It will evaluate wayfinding signs, potential pedestrian bridge locations and design and safety lighting for pedestrian and bicycle pathways. It will also address vehicle flow, including identifying necessary improvements to vehicle signs and study integrating electronic messaging signs with the Caltrans Integrated Corridor Management System. Stakeholders will include residents, employees, area businesses, active transportation advocacy groups, neighboring cities, transit agencies (Orange County Transportation Authority, Anaheim Transportation Network and Caltrans), Visit Anaheim and visitors. The goal of the Plan is to identify capital projects that will improve mobility in and around The Anaheim Resort and provide cost estimates so that the city can set priorities and seek funding opportunities for future improvements. The Study is anticipated to be completed by the end of 2020.

In 2017, the ATID Transportation Committee allocated $200,000 of transportation component funds for the Mobility Plan for the local match, staff time and contingency. In April2018, the ATID Transportation Committee allocated an additional $50,000 towards analyzing the feasibility of constructing a pedestrian bridge at two intersections in The Anaheim Resort (intersection of Harbor Boulevard and Katella Avenue and intersection of Harbor Boulevard and Disney Way).<<

This is just another step, with many more to go, but it shows that the three bridge system that would direct foot traffic to the planned new Pedestrian Entrance on Disney Way (by Pummba) is still what the city wants. And the city also does NOT want an entrance to the new Security Check off Harbor, they want the foot traffic to migrate off of it, not add to it. Disney has been made out to be the bad guys, but in reality, the City wants to get rid of the current Pedestrian Crosswalk next to Captain Kids, and place a solid barricade down the Middle of Harbor between Disney Way and Manchester.

Thank you for detailing this important point. If I might raise a bit of realpolitik, there is still the reality that Disney faced with the prospect of lawsuits from the Harbor businesses. Having some kind of entrance under the ramp on the Carousel property and, more importantly, some kind of exit (ramp/stairs/elevator) from the pedestrian bridge down to the East side of Harbor may be a political necessity. I actually agree, however reluctantly, with the need to end the congestion, vehicular and pedestrian, on Harbor. Disneyland may have started as a suburban "park" environment, but it is increasingly becoming an urban "hardscape" environment.

The problem is that Disney and Anaheim have made some shortsighted choices, for many reasons. Now they are having to pay the bill.

Let me say it again. No matter how much Darkbeer and I differ politically and philosophically, there is a lot we share. I want Disney and the city to arrive at a more productive, cooperative working relationship. The pendulum has swung between Disney bullying Anaheim to get what they want and a flawed ballot initiative that (IMO) had a noble goal, but an indefensible mechanism (namely putting a burden on a business arrangement after the fact).

I believe very strongly that the next few years are critical for Disney and the city to chart a better course. There is a lot at stake and many things aren't easily undone. Essentially they have one chance to get this right. Both parties have things the other wants (and even needs) and they need to get it right.

And I hope they include a pedestrian bridge over Harbor at Convention Way. When it is needed, it is REALLY needed.

 

[Darkbeer1]

And I hope they include a pedestrian bridge over Harbor at Convention Way. When it is needed, it is REALLY needed.

No, what is needed is a way to persuade guests to use the ART system on the West Side of Harbor and not trying to use the Toy Story Buses. The upcoming ART improvements should help. Plus where exactly they place the security check station(s), looks like one in the original lot, and another in the Bullseye Lot (Former CM parking).

In reality, the first one is Harbor and Katella, to bridge the Convention Center with the North of Harbor Hotels. And unless a heck of a lot of grant money is found, you are looking at one bridge going over Katella, possibly in conjunction with the proposed Platinum Triangle (Aka ARTIC) to the Convention Center/DLR area transit.

The second one is the Disney Way bridge, that would be in conjunction with the Eastern Gateway project. Heck, maybe Disney would help fund it as part of the Eastern Gateway proposal to get it approved.

I can tell you right now, the mass majority of Hotels have no problem with getting guests off of Harbor. The few vocal ones are the Restaurants, and based on the new planning commission makeup/new members, will lose the overall fight.

As for Convention Way, in the city's eyes, that comes with the Gene Autry Way extension, which is years away, though a zoning request for the Toy Story Lot might be on the 2020 calendar to cement the future of the new road.

And Disney wasn't threatened by lawsuits in regards to the Eastern Gateway, it was the City, if it approved the project, that was where the businesses were going to address loss of business by the city's approval. And it was an iffy battle anyway. The city just had to prove that the project was approved to benefit the overall area, and for the safety of residents and guests.

Disney KNEW that the 2017 Planning Commission was stacked against them, as was the City Council, and therefore was fighting a losing battle after the first Planning Commission hearing, and therefore had to switch to the Western side project (Pixar Pals Structure) to have enough, well, not enough, but more parking for Galaxy's Edge.

By the way, I mentioned this quickly in the Knott's thread, but let me mention it here.

After multiple meetings, and getting approvals from multiple folks on my side, I came to an agreement to provide content for The Anaheim Blog website. I am working as a freelancer, so I control the content, and the amount of articles and subject matter. So I will write whenever I feel there is something worth writing about. My first two planned articles is A) Introducing myself, and discussing West Anaheim in particular. The second one is Disneyland and the parking issues. Nothing you haven't seen here, but one written for the General Public, not just Theme Park fans.

It will allow me to discuss things that interest me, including sports in Anaheim, and hopefully bring in new readership.

Let me post a fun, short video.

 

[Darkbeer1]

And one more

 

[Darkbeer1]

And a Disney related Anaheim Blog article

Avengers’ Universe Unites with $4 Million Contribution to Support Children in Anaheim/Garden Grove - Anaheim Blog

From the Disneyland Resort: Children from the Boys & Girls Clubs of Anaheim and Garden Grove were treated to a surprise visit from several of the “Avengers: Endgame” cast, and a day at Disneyland Resort. Robert Downey Jr., Chris Hemsworth, Scarlett Johansson, Jermey Renner, Paul Rudd and Brie...

www.anaheimblog.net

And to those who say that Disney, and that is BOTH the company, and its CM's, plus its partners just take from the city (aka the "Disney is Evil" mindset), that Is and HAS been wrong ever since Walt decided to build Disneyland in Anaheim in 1953.

If anything, it was the City, with the Committee of 100 in the early 1960's, that planned the long term strategy for the city, that decided to ride Disney's coattails and built the original Anaheim Arena (now part of the Convention Center), and then Angel Stadium, and kept going in the Tourism economic plan. The city's health, compared to most other Southern California cities is much stronger due to those decisions, including the DLR expansion in the 1990's. Our cities facilities and Schools have directly benefited from donations from the Disneyland Resort (and yes, that includes CM's own time and money, above what the company donates). To try and say that Disney hasn't enriched the area, creating almost half of our general fund revenue (that is the entire Resort Area), creating jobs and working with other companies in the city. well, that is just slick UNITE HERE marketing.. Still waiting to see any charity donations (in kind or money) from them, seems like they only want things from others. Other unions have been great, especially in the Building Trades. They work with schools and other city programs like the ROP to help educate our residents, and have offered many, many inkind services, including fixing/repairing needy residents homes.