Friday, July 3, 2015

Marin [County] grand jury calls for more clarity after controversial WinCup development


While there was no wrongdoing in connection with the WinCup apartments project, Corte Madera town officials need to “actually and clearly” inform the public on all future planning and development, the civil grand jury reported.
“I was pleased but not surprised with the report of the grand jury,” said Corte Madera Mayor Carla Condon. “I knew that there had been absolutely no improper conduct by any of our council members as they have been accused.”
The grand jury said it received complaints of alleged “malfeasance and bribery.” Over eight months it investigated the allegations that questioned the integrity of the Town Council and staff, it concluded there was no evidence to support the claims.
The 23-page report said because the WinCup project was embedded in the town’s general plan, it was easily overlooked by community members. And when construction became visible, the community questioned how the project was approved, feeling that they were not given notice and opportunity for input, the report said.
The 180-unit Tam Ridge Residences project, situated at the former WinCup manufacturing plant on Tamal Vista Boulevard, has been the subject of public outcry and heavily criticized for its size, paint job and the effects it will have on traffic.
The grand jury recommended the town require project-specific environmental impact reports for all development that may have a significant impact on the environment, as well as create a standing Design Review Committee and develop a community plan for the Tamal Vista Corridor.
“A separate WinCup EIR would have placed the WinCup development in the public domain for a more comprehensive environmental analysis, a key process for citizen review and input,” the report said.
“It wasn’t a surprise that they were looking into it,” said Town Manager David Bracken. “And that’s really based on all the publicity the project has had in the last several years.”
Public outcry
The San Francisco-based developer, MacFarlane Partners, which is constructing the six apartment buildings on the 4.5-acre site, confirmed it is considering changing the color scheme on the highway side of the buildings. But a company spokesman declined to comment on the report.
Corte Madera resident Jane Levinsohn, however, said the project is a disaster.
“What good does a grand jury report do now after the building is supposed to open?” she said.
The project, which has been delayed several times, is still expected to open in late summer, with emails going out Monday to people who signed up on the interest list. Price listings are expected to be released on the website within the month.
And Levinsohn agreed, town officials didn’t communicate the project clearly and said renderings she saw misrepresented the building. But she hopes community members will accept some of the responsibility.
“It’s our fault we didn’t pay attention. We were hoodwinked by the time we woke up to it,” she said.
Peter Hensel of Corte Madera agreed, noting the mistakes made among all parties involved. He pointed to an issue highlighted in the grand jury report stating that the Association of Bay Area Governments, the regional planning agency, mistakenly over-allocated the town’s Regional Housing Needs Allocation as 244 dwelling units, rather than the 180 it should have been and is.
“WinCup is just incredibly complicated. The blame has to be spread around,” he said. “This would never have happened if it wasn’t for ABAG.”
Susan Kirsch, the co-founder of activist group Citizen Marin who is running for the District 3 seat on the Board of Supervisors, reinforced Hensel’s sentiments. She said WinCup has become “a beacon,” illustrating what goes wrong when state mandates are mixed with regional and local consultants.
“The theme I’ve seen come through (in the report) so loud and clear is that they got to get a lot more transparent in the building and planning process,” she said.
 “It’s the whole specialized language that can prevent people from getting in. ... Simplify any of the systems we are trying to wrestle. It would be a great step for everyone,” Kirsch said.
However, some, such as Alexandra Cock, who was appointed to the Town Council in 2007, elected to the seat in 2011 and resigned in 2013, said she doesn’t agree with some of the findings in the report.
“We were saying it was going to be huge. I was aware of it at the time and I didn’t feel I was misled,” she said. “There were plenty of opportunities for people to participate. A lot of the time we were talking to an empty room — hardly anyone was there at those meetings.”
Problem project
But the problems began even before the public meetings started.
The grand jury underscored a 1998 lawsuit against the town, where a group of housing advocates demanded a state required certified housing element, which ensures everyone’s housing needs are met, regardless of income.
The lawsuit was settled for approximately $400,000 and the council agreed to adopt the state certified element. Town officials were concerned about future lawsuits, the report says.
Council members across the board conceded they felt compelled to move along with the WinCup project because of this.
”I was largely in agreement with the (report) in terms of history and timing and pressures we were under — the fact that we had been sued,” said Councilman Bob Ravasio.
But Ravasio, who is up for re-election this year, said the attention from the public, grand jury and the media is all part of the process.
“I think they were right. We the town could have done a better job of letting people know what was being approved and discussed at the meetings,” he said.
Moving forward
While Planning Director Adam Wolff, who was appointed to the position in June 2014, wasn’t involved in the planning of the Tam Ridge Residences apartments, he said he understands the complaints and the grand jury’s recommendations.
 “I’m hopeful that it can be a positive in some respects and allow us to move forward with this project and other planning issues that we can address,” he said.
He said town officials are already making strides toward the grand jury’s recommendations, including a new website to engage the community, new planning workshops where the community is invited to weigh in on projects and the moratorium on development in the Tamal Vista Boulevard neighborhood, all of which was in motion before the investigation.
 “It was a good report overall,” said Town Manager Bracken. “Now we need time to decipher it and dwell on it.”
The Town Council will issue a response within the 90-day period.
July 2, 2015
Marin Independent Journal
By Adrian Rodriguez

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