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City wants to adjust Heavenly Village contract, fix garage


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By Kathryn Reed

Two of the current South Lake Tahoe City Council members are responsible for the city entering a 30-year agreement to pay 20 percent of the total cost, or about $140,000 a year, for the upkeep of Heavenly Village.

The current city manager, city attorney and redevelopment director all say the contract needs revisiting before it expires. Those three were not on staff when the deal was consummated in August 2002.

The city owns the common areas or walkways in the village that is anchored by two Marriott properties and the Heavenly gondola. This is not a usual way of handling these sorts of things, according to city staff.

An effort is under way to entice people to visit Heavenly Village. Photos/Kathryn Reed

An effort is under way to entice people to visit Heavenly Village. Photos/Kathryn Reed

More than once current staff has said previous councils upon recommendation of former employees have given away more to developers and private entities than is logical based on what the return is for the city.

Mayor Hal Cole and Councilman Tom Davis were on the council at the time this particular document was signed by then Mayor Brooke Laine. The other councilmembers were Bill Crawford and Judy Brown, the latter who got appointed to the Planning Commission effective today.

The two Marriott properties pay 55 percent collectively, Heavenly Mountain Resort 20 percent, Trans Sierra Investments 2.5 percent, and Cecil’s 2.5 percent into the kitty. Trans Sierra, run by Gary Casteel, owns the bulk of the retail buildings; Cecil’s owners were a large stakeholder in the original deal and own what is now called Stateline Brewery. (Casteel did not return phone calls.)

Here is the current PADMA budget, short for Park Avenue Development Maintenance Association. It details the breakdown of expenses for things like snow removal, security and landscaping.

The board is made up of a rep from all of the entities that pay into it, with the city having two people on the board.

Last spring the City Council decided not to send anyone to the PADMA meetings. Councilman Bruce Grego and Redevelopment Agency Director Gene Palazzo had been the designees.

“They were in the process of negotiating to get out of PADMA. They have been talking about that for a year,” Palazzo said in explaining why no one went to meetings for months.

City Attorney Patrick Enright attended the last meeting in December, with City Manager Tony O’Rourke wanting to go but needing to be at the new councilmember orientation. They’ve been to other meetings, but could not vote.

In January, the current council appointed Enright and O’Rourke to the PADMA board, which means they are now voting members. The next meeting is Feb. 15. (The board meets every other month.)

From the December meeting a “window of opportunity” was opened to re-examine the agreement, city officials say. But that’s not what other board members are saying.

“Our argument is private companies are benefitting,” Enright said in why the city wants to renegotiate the deal.

Lew Feldman is the attorney for PADMA and was also the attorney representing the developers. So he was negotiating with the city for the deal that is now being revisited.

He told Lake Tahoe News if a conflict arises, he would not participate in negotiations.

But Feldman also said the city’s current position is a political one, not a legal one. “It’s a contract,” he said, implying there is no wiggle room.

“At this time we are satisfied with how the contract is,” said Greg Campbell of Marriott Grand Residence. He is chairman of the PADMA board.

Building consensus

Two things the parties who spoke with Lake Tahoe News agree on is more needs to be done to bring people to Heavenly Village and the parking garage is a deterrent to making that a reality.

The City Council at its March 15 work session is scheduled to discuss PADMA and the city owned parking garage.

The PADMA board next week is expected to delve into parking and special events.

PADMA was not designed to be a marketing entity. It’s more of a property owners association.

“We are looking at forming a subcommittee this season to look at more opportunities,” Campbell said in regards to getting locals and tourists to the Stateline area complex.

He pointed to the success of Hot August Nights last year and said the village will play a larger role in hosting that car event this year.

More special events like the ice carvers on Feb. 5 are being talked about.

More special events like the ice carvers on Feb. 5 are being talked about.

Campbell and Feldman pointed to the family-friendly inaugural New Year’s Eve festivities at the village as something to build on with the Lake Tahoe Visitors Authority, which spearheaded the event.

“In the past, funding has always been a challenge,” Campbell said of developing special events.

City Manager O’Rourke wants daily activities and major special events at Heavenly Village.

The other problem the village has is no one tells the media, therefore the public, about what is going on there. Lake Tahoe News reporters stumbled across two ice sculptors on Feb. 5. The guy taking a chain saw to a slab of ice captured the attention of dozens of spectators at Fire + Ice, which was doing a brisk business, while the rest of the village that afternoon was quiet.

Parking issues

One thing holding back locals from going to Heavenly Village is having to pay $3.75/hour at the garage.

So few people use the structure that the city loses $100,000 a year on the garage.

“It doesn’t help us to get 9 cents an hour from the movie theater,” O’Rourke said. “If it were an independent theater, wouldn’t they provide their own parking or couldn’t they have worked out a deal with Raley’s?”

The good deal for the public is four hours of validated parking with the purchase of a movie ticket.

The bad deal for the city is the theater pays the city 9 cents for each of those tickets. Many other private businesses in the village pay the city $1.56 per validated ticket. Retailers buy validation coupon books from the city.

O’Rourke wants to make those books more equitable to all involved. He can’t understand how anyone in the city ever thought it a good idea for a business to pay 9 cents.

The city violates its sign ordinance to direct people to the parking garage.

The city violates its sign ordinance to direct people to the parking garage.

He also doesn’t believe the city needs to keep paying for consultants to figure out how to run a parking garage. O’Rourke said talking to other cities that operate successful parking garages should do the trick. One thing he is looking into is how Vail offers free parking after 3pm.

O’Rourke told the council, “Based on current hourly revenue streams, it would cost the city approximately $100,000 to initiate a ‘Free after 3’ program at the parking garage. Staff is examining opportunities to off-set that loss with garage management changes, sponsorship advertising better garage signage, and possible PADMA cost sharing.”

Campbell agrees filling up the parking garage will help the businesses be more successful.

Feldman’s stance is the city has not adequately made the public aware of the garage. The city agrees.

However, last weekend the city violated its own sign ordinance by having a sandwich board sign pointing to the garage. This is the second time the city has been caught violating the ordinance. The other time it had a banner on the movie theater building.

“People driving down Highway 50 don’t know where to park for the gondola,” Feldman said. “I felt strongly and I still do that the village has not been (embraced) by locals as it ought to be and the major obstacle is parking.”

O’Rourke agrees, as he says, “Parking is a major disincentive for the public to go there.”

But the city’s top leader also acknowledged there has to be reason to go to the village.

Activities are one solution.

A better mix of retail, O’Rourke and Feldman said, will also get locals to come and visitors to stay. Both point to a need for a more unique mix of food and beverage options.

O’Rourke has worked with Bon Appetite officials in prior jobs and spoke to magazine officials when he was in New York last month about possibly having them do an event in South Lake Tahoe.

Although a better mix of retail is called for, some entities have survived since shops opened less than a decade ago – the movie theater, Heavenly Sports, Powder House, Kalani’s, Wolf Gang Puck, Fire + Ice, Patagonia, North Face, Cecil’s (with name changes and alterations), Boarding House, Cold Stone Creamery and Century 21.

“Heavenly Village is probably among the most functional mixed use developments in the basin in the economic situation we find ourselves in,” Feldman said. “Retail has taken a beating everywhere. Like the rest of the world, we are turning a corner.”

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Comments

Comments (26)
  1. grannylu says - Posted: February 11, 2011

    Very informative article. Thank you.

  2. Bob says - Posted: February 11, 2011

    Why would I go to the Village to pay 300% mark up when I can get the same item at Costco for a 20% mark up? We all know where the Village parking is located. We’re not stupid. Call us smart shoppers instead. And thanks again Davis and Cole for the 9 cent deal.

  3. DAVID DEWITT says - Posted: February 11, 2011

    Where to start ?? the Heavenly Village is so constructed and planned that it is almost impossible to solve. As a local i have shopped there about one time since it was constructed, it is designed to discourage locals from shopping there. And to believe that any one would pay to park is the worst planning i could think of.For a start the parking garage should be free. then maybe some locals may shop there.

  4. dryclean says - Posted: February 11, 2011

    If it is a contract and the city has nothing to offer or waive that would benefit PADMA or Heavenly what is Rourke wasting his time on ?
    Feldman is no idiot and he is paid to protect those he represents.

    But Feldman also said the city’s current position is a political one, not a legal one. “It’s a contract,” he said, implying there is no wiggle room.

  5. GladysK says - Posted: February 11, 2011

    Locals steadfastly REFUSE to pay to park in the garage. Visitors complain that the garage is too expensive. Both groups take the time to find free parking elsewhere. Lower the hourly rate so people don’t die from sticker shock. Then they might actually use the garage and stay longer because their perception is that it’s not terribly expensive. Revenue would be made on volume rather than the few who use the facility.

  6. drw says - Posted: February 11, 2011

    The City members need to take a course in law, contracts, morals and ethics.
    A contract is a contract, focus on contracts on hand and future contracts. Do you really think you can just go around changing contracts, because now you do not like what you previously agreed too? Shame on you all!

  7. Careaboutthecommunity says - Posted: February 11, 2011

    “Feldman’s stance is the city has not adequately made the public aware of the garage. The city agrees.”

    Oh, we know where the garage is! Everyone avoids it, don’t fool yourselves. No one wants to park there, because it’s the only charged parking in town (other than the Marriott & Embassy).

    I’ve only parked in the garage once or twice, and that was while watching a movie. Have probably strolled the village 10-12 times over the years, and always park at Raley’s or Harrah’s.

    Here is Placervilles parking policy:

    http://ci.placerville.ca.us/our_city/parking.asp

    Not that we have to copy it, but take in the information, maybe call them, ask how long they have had the free parking, and how they feel it’s working? Do they have any hard numbers to back it up?

    And thank you Tony O’Rourke for taking this on, now if we can just get the entities that be, down at the village, to realize that if we can all come to a solution of sharing the cost more equitably, this could be a win-win for all:

    City becomes solvent on the garage.

    Business picks up in the village.

    Tourists have inviting parking, so they can have a look around.

    Have them take a ticket as they enter the garage, 2 hours free, if they don’t make it back before the end of the 2 hour grace period, the clock starts ticking.

    Ideally, it would be best to make parking in the garage free, but this is the next best thing.

  8. Robert Fleischer says - Posted: February 11, 2011

    The City should give The Village, that is, its various owners, an ultimatum…BUY the parking garage from the City….OR; the City will close it. That would decrease business noticeably for The Village. It is in the best interests of The Village owners and occupants to own that parking garage. They can decide the parking policy. Careaboutthecommunity suggests 2 free hours. I agree.
    I’ve been a resident for 39 years. I avoid the Parking Garage; and, I avoid using the Gondola, and I avoid shopping in The Village. Free Parking…paid for ultimately by us, of course, with slightly increased prices at The Village, would likely bring me to shop The Village, and maybe use the Gondola…although I prefer to ski at Heavenly via the California-side Tram.
    Snowbum

  9. Steve says - Posted: February 11, 2011

    Who is at the table representing the taxpayers’ best interests? Certainly not the City Council. Look at the mess they got us into.

    The only relationship I have had with the City Parking Garage is to pass it on the right as I head to Carson City to shop. Oh and as a taxpayer, to subsidize it, unfortunately.

  10. dogwoman says - Posted: February 11, 2011

    Contracts mean nothing anymore. College presidents sign them and leave, city managers, sports stars, developers, etc. Nobody honors a handshake anymore, let alone a signed contract. That’s one of the things that allows us all to be so SLOPPY now! Why bother paying attention and making sure all the details are in order when you can just renege down the road and change it all? It’s sad.

  11. skimama says - Posted: February 11, 2011

    The Village has no soul and the parking situation is ridiculous. They need locals to give it that depth but who wants pay for parking for the honor of buying cheap art, junky souvenirs and over priced carmel apples? It’s a great place to bring friends when they visit but I’ll spend what $$ I have elsewhere…..like Carson!

  12. Parker says - Posted: February 11, 2011

    It’s ironic Councilmen Cole and Davis are back on the Council after agreeing to the original deal! Plain & Simple they agreed to a bad deal for the City in a rush to hang their hats on some sort of completed project for which they could take credit.

    Now they City is in a pinch, and they’re back on the Council and have to confront the bad deal they agreed to. But Lew Feldman is correct. A deal is a deal!

  13. HARDtoMAKEaLIVINGinTAHOE says - Posted: February 11, 2011

    Lesson learned…”Don’t bite the hand that feeds you”
    “Lou sure knows where his T-Bones live”, “BOW-WOW “Scratch me some more with the $green$ stuff..
    Try telling Harrah’s that people don’t know where the city parking garage is, they have to send security out to their lot to patrol the snowboarders that smoke too much weed, start doing shot’s of JACK”, DISTURBING THE GUEST THAT HAVE THE GAMBLING RIGHTS OF CASH IN THEIR POCKETS. But they know something that works for business the rest haven’t paid attention to. That free parking just might work out to their benefit of some them coming on in having a drink, trying to get back a day’s lift ticket for free, and marketing power of cute cocktail waitress, legs, and the open game of chance.”Free Money”.
    Great Story, great comments, it is really too bad you put two devils back on the hat rack of team that suppose to know what the hell going on.
    Of COURSE when someone can B***S*** the pubic that they are here to save us while at the same time being bs’ed by large corporation about we going to get a convention center for free, makes you wonder who’s been Buffalo here in the world of two different entities of the so call business world. Don’t mention it, but we’ve Been Hosed!
    When you put a x on the dotted line, you are locked into the devils wishes of fulfilling the promises for the pleasure he gives you Now, but forever roast your butt in the fires of truth later.
    They can’t close that GARAGE, WE BE SUED FOR EVERYING THE CITY HAS IN THE COFFERS AND NEXT 10 YEARS OF ROAD REPAIR.
    CAN YOU SAY “KISS BUTT”?
    FIGHT FIRE WITH FIRE IT’S BEEN PROVED TO WORK.
    To the best of my knowledge there’s not a soul I know that parks, shops, or goes to shows there, it’s kinda like it only for REAL TURKEYS. It’s just not in for whatever reason. Some places got it, others never will.
    The real locals know where they are treated best, best burgers, best drinks, pretties women, best ski snow stashes ,best nude beaches, best off road bike trails and they sure the hell don’t want the tourist messing up our paradise of thrills with a Mercedes, cads, porches… crooks from the flat land .”Hey dude, chick, you belong down at the village, not here!”
    Hey Mr. Business man you can’t dress like us.
    Let the flat Landers take the Heavenly village and we’ll just spend our cash somewhere else.
    We DON’T NEED A CONTRACT TO DO THAT??

  14. Alex Campbell says - Posted: February 11, 2011

    KAE !!! A contract is a contract, yeah right. A Grand Jury like the last one, looking into the facts might find otherwise. Bill Crawford could be a Star witness. The new City Manager of Folsom, might shed some light on the good old days.
    Two problems!the anti Grand Jury good old boy supes and The Mountain Demagogue of Placerville.

    PS not related to Greg Campbell

  15. Tahoan25 says - Posted: February 11, 2011

    There is no incentive to shop, eat and see a movie when the clock is ticking. The parking patrol at the Raley’s center is no better either. You want people to spend money, it should all be free with no time constraints. All of the business involve there should pay a little bit more. You want consumers, then treat you consumers better.

  16. Careaboutthecommunity says - Posted: February 11, 2011

    If they won’t let the city (us the citizens) amend the contract, I would imagine there are legal channels to follow, as well as our right to public protest.

  17. Steven says - Posted: February 11, 2011

    Tahoan25–Great points.

  18. tahoeadvocate says - Posted: February 11, 2011

    Didn’t Feldman represent Randy Lane in the TAHOLE?

  19. 30yrlocal says - Posted: February 11, 2011

    Yes, Feldman was/is Lane’s lawyer.

    I park in the garage for free whenever I got to the movies. Its a great convenience but I wouldn’t park if I wasn’t getting my ticket validated.

    There must be a viable solution. The stores in the center that have free parking validation have to pay for that service (and at face value). They pay huge rents and still have to pay for their customers to park.

    The parking enforcement people aren’t from a local company, and they are hired to be the tough guys. Not only do they have to keep illegal parkers out of the Raley’s center, but they also patrol the streets around Heavenly Village. Why are they allowed to ticket on city streets?

    Sounds like time to have a citizen’s action committee for a lot of issues.

  20. HARDtoMAKEaLIVINGinTAHOE says - Posted: February 11, 2011

    Sounds like time to have a citizen’s action committee for a lot of issues.

    “I got love This!”

    “Every hear of Egypt?”

  21. Steven says - Posted: February 11, 2011

    You people have been watching a lot of news out of Egypt! Let’s rise up and get free parking!! Take over the garage, camp there until parking is free!!!

  22. Careaboutthecommunity says - Posted: February 12, 2011

    LOL, I don’t think I would want to camp there, until Late Spring at least ;)

  23. Alex Campbell says - Posted: February 12, 2011

    If you do the Egypt thing do not worry.
    With Jerry Brown as the new Gov.you will have no fear that he will call out the CA. National Guard. (whats left of it)

  24. Soon to be ex-local says - Posted: February 15, 2011

    Lived in Tahoe 33 years, went to Heavenly Village once and have no plans to go back. I also won’t shop at Crescent V (including Raleys) anymore for fear of getting a ticket from the over-zealous Rent-A-Cop if I shop too long.

    You have other options, even if you insist on shopping locally. Nowhere else in town charges for parking. If charging for parking was profitable, the casinos would have started long, long ago.