After Elk Grove defers Oak Rose project decision, Attorney General Rob Bonta says state's lawsuit will proceed
https://www.elkgrovenews.net/2023/09/after-elk-grove-defers-oak-rose-project.html
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One of the immediate effects of last night's postponement by the Elk Grove City Council of the Oak Rose supportive housing project came this afternoon.
In a statement issued this afternoon, California Attorney General Rob Bonta affirmed the state will continue pursuing its lawsuit against Elk Grove. After the July 2022 rejection of the 67-unit project in Old Town Elk Grove, led by Bonta and Gov. Gavin Newson, the state filed a fair housing lawsuit last May against the city.
Bonta's statement said:
"The Elk Grove City Council has been put on notice on multiple occasions that denying approval of the Oak Rose Apartments is unlawful. Every single time, they have chosen to ignore those warnings, wasting precious time and public resources in the process. It is profoundly disappointing," said Attorney General Bonta. "Let me be clear about what's at issue: The Oak Rose Apartments will create 66 apartments for Californians in need, built by workers paid under the state’s strong prevailing wage laws. At a time when California is facing a severe housing shortage, those homes are desperately needed. We will continue to move full speed ahead with our lawsuit against the City of Elk Grove."
After hearing over 90 minutes of often threatening public comments at last night's city council meeting, the five-member body postponed approving the project until the October 11 meeting. Elk Grove city attorney Jonathan Hobbs had recommended the city council approve the project, which was noted and hyper-linked in the attorney general's statement.
The city council postponed their decision in part after they expressed indignation with the Oak Rose L.P. applicant, who did not appear at the meeting. The applicant is under no obligation to appear before the council.
Toward the end of last night's hearing, Hobbs said legal proceedings would start on October 24. Hobbs tried to direct Mayor Bobbie Singh-Allen and her four councilmen to act immediately.
Additionally, Hobbs said the cost to defend the lawsuit would be mid to high six figures. Furthermore, he said if Elk Grove loses, the price could triple, given the city could be obliged to pay the plaintiffs' legal fees and punitive damages.
As reported earlier today, the city council will hold a closed-session meeting tomorrow afternoon at 2:30 to discuss the state's and Oak Rose L.P.'s lawsuits.
Bonta also posted this message on X.
Let me be clear about what's at issue: The Oak Rose Apartments will create 66 apartments for Californians in need, built by workers paid under the state’s strong prevailing wage laws.
— Rob Bonta (@AGRobBonta) September 29, 2023
At a time when CA is facing a severe housing shortage, those homes are desperately needed. pic.twitter.com/wV0RJxeajh
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1 comment
Just hold your water, Robbie! The city council will cave in this afternoon when they can avoid as much vitriol and ridicule as possible by having a special meeting during the workday. Our council is between a rock and a hard place trying to maneuver between the voting public that holds their local political future in their hands and the state leaders that their political futures lie with. They know a lawsuit is a loser, but they can't live with pissing off a large number of their locals. They essentially are cowards. Yes, SB 35 is a sham and a disgrace, but it is the law. Fix it. Robbie, be a leader and see that that SB35 is modified to give some power to the local government so that equitable solutions can be found. Let's also not forget that city attorney Hobbs recommended we fight the state and the developer on this as we had solid legal grounds to prevail. What has changed? Mr. Hobbs? It may be time to find better legal counsel. He has embarrassed the council and the city egregiously.
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