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Avoiding War with Both Sides of 9900, City Council Declines Again to Decide

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Nobody Contented?

On a sharply divided occasion, the City Council managed to send everyone home unhappy — the residents who raised a vehement, tightly stitched protest that the project was too big, and the developer who believed he had made magnanimous concessions.

The Planning Commission rejected the project three months ago for a variety of reasons. The prospective builders — who bought the land at Duquesne and Culver last year from City Hall for $1.2 million — appealed to the Council.

With the City Council playing to win time for itself — delaying yet another final-final decision a fortnight, until Monday, Aug. 6 — there was no room for any other winner in the noisy Council Chambers.

A Clean Start

The uneven lurch toward unruly indecision started innocently enough.

The seams of civility on the City Council were stretched, then punctured.

After members of the public — neighbors of the project across from City Hall and organized sympathizers from Sunkist Park — unleashed a torrent of steaming criticism of 9900, Mayor Alan Corlin promptly called a 20-minute recess.

Goal of Huddle

The purpose, he said later to the utter dissatisfaction of two members, was to huddle off-stage, out of public view and Council view, to review a procedural matter.

Councilmember Scott Malsin, who also is Chair of the Redevelopment Agency, City Manager Jerry Fulwood and City Atty. Carol Schwab joined Mr. Corlin commented on the huddle.

When the public meeting was resumed, the dramatics that followed — rhetorical chaos — more closely resembled vaudeville than a sophisticated Broadway production.

A Cacophony

More than a few officials in the room and ordinary citizens were reduced to giggling.

Not for the first time, the City Council dissembled into simultaneously competing, increasingly voluble voices.

Worse, when interpretations were needed to explain not only where civility had gone but what objective members were striving for, order almost fled the room.

Gaveling for Order

Rather valiantly, Mayor Corlin tried to maintain a grip. But restoring symphonic smoothness seemed a task for more than one person. Part of the problem was that Mr. Corlin was forced to defend his actions, to Vice Mayor Carol Gross and Councilman Gary Silbiger for calling the private meeting and for not being sufficiently forthright, in Ms. Gross’s opinion, about the contents of that huddle.

Nuance as well as order went on holiday. Repeatedly, and to no avail, Mr. Corlin explained that he called the meeting to take a closer look at procedures that should be followed. Ms. Gross contended, just as forcefully and saltily as the mayor, that he and Mr. Malsin and others should have held their discussion in front of the public, and their Council colleagues.

As sturdily as Mr. Corlin defended his actions, he did not seem to counter Ms. Gross’s claim that they just as well could have talked it over in public.

One Proposal

The drama did not wait, on an evening when nuance was left far behind. As soon as the recess ended, Mr. Malsin spoke up.

He opened by saying that in view of the huge public outcry against 9900, he would like to table a binding decision until officials had a still further opportunity to mix and match or synthesize complaints of residents with what was feasible for the developer, Joseph Miller of Uptown Lofts LLC, and for City Hall.

Several Avenues

But Mr. Malsin soon became entangled in a thicket of procedural language, procedural conduct and wariness of Brown Act (public meeting) considerations.

Instead of letting it go with just asking to delay a vote until the Aug 6 meeting — one member, Mr. Silbiger, will be away next Monday — Mr. Malsin plunged into other areas of discussion involving his chairmanship of the Redevelopment Agency.

Holding an Audience

Mr. Malsin seemed to lose some of his colleagues and many in the audience when he widened his subject area to acknowledge prospective tightening changes in the city’s building code that the Council presently is considering.

He made several points that quickly mushroomed into a compound presentation, which led directly to confusion and frustration on the part of Ms. Gross and Mr. Silbiger.

A Bouquet of Accusations

This shortly led to accusations from Ms. Gross — that the private huddle was inappropriate and that he was being less than candid — and from Mr. Silbiger, who charged cronyism between Mr. Malsin and the mayor.

The confusion that resulted from Mr. Malsin’s criss-crossing of subjects sparked diatribes that almost were capped when Mr. Corlin ruled the increasingly angry Mr. Silbiger out of order.

Two Out of Five

Mr. Malsin’s rhetorical path was clear to him and to Mr. Corlin, the co-manager of Mr. Malsin’s Council campaign a year and a half ago.

The outcome was a verbal stew cooked by scorching words exchanged largely by Mr. Corlin and Mr. Malsin on one side, Ms. Gross and Mr. Silbiger on the other.

Out on a wing by himself, Councilman Steve Rose lauded Mr. Malsin for again demonstrating bold, innovative thinking, leadership and a strong will to rise above infighting.

Took Time to Figure Out

The fast deteriorating mess was not unscrambled until 40 minutes later when Mr. Rose delivered a demystifying clarification.

Mr. Rose said Mr. Malsin sought to table final consideration until the Council/Redevelopment Agency meeting of Aug. 6 — which will start at 6 p.m., and will include a study session of proposed changes to the mixed-use redevelopment code.

Raw Ending

Naturally, everybody did not agree with that reasoning. Ms. Gross and Mr. Silbiger, for very different reasons, voted against postponing a vote.

Ms. Gross said she was not at all confident the indecisive City Council could make up its mind on a third try anymore than it had on the first two failed swings.

A Developing Story

With his partner, Judit Meda Fekete, out of town, Mr. Miller the developer, like all but one or two other people in the building, seemed exasperated and deeply disappointed.

Maintaining that he had shown flexibility and willingness to get along by carving numerous changes into 9900 Culver, Mr. Miller said that of course he will fight on and work with City Hall to create a project that works.