UPDATED New wrinkle in Oak Rose litigation - Elk Grove City Council schedules special Friday morning closed session

UPDATED 11:27 a.m. | The special meeting time has been rescheduled to 2:30 p.m., Friday, September 29. UPDATED 10:28 a.m. | In a notice dist...





UPDATED 11:27 a.m. | The special meeting time has been rescheduled to 2:30 p.m., Friday, September 29.
UPDATED 10:28 a.m. |

In a notice distributed moments ago, the city of Elk Grove has scheduled a closed session meeting for Friday, September 29. The 10 a.m. meeting agenda has two items for consideration: 

1. The People of the State of California, et al. v. City of Elk Grove, et al.
Sacramento Superior Court Case No. 23WM000004

2. Oak Rose Apts LP, a California limited partnership v. City of Elk Grove Sacramento Superior Court Case No. 34-2022-80004031

The meeting will open with the mayor and city council retreating to a closed session with city attorney Jonathan Hobbs and other staff members. After the closed session is completed, the mayor and city council reconvene in the council chambers and announce if any action has been taken.

Last night the city council unanimously agreed to continue their decision on approval of the Oak Rose supportive housing project until October 11. They did not follow Hobbs' recommendation to approve the project.

Although Hobbs followed the city council instructions, he expressed concern their decision could affect the city's legal proceedings with the plaintiff and the attorney general's office.

Even though the meeting is a closed session, the city generally provides a live video feed of the opening and remains online until announcements are made. The Elk Grove City Clerk's office will be contacted to confirm the meeting's broadcast. 

UPDATE 10:28 a.m. - According to the Elk Grove City Clerk's office, "It is intended as a closed session item, so there will not be a broadcast, but there will be the video clip posted of any report out."


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1 comment

D.J. Blutarsky said...

No Action, Defend: The Oak Rose project has already been denied and no further action or public input would be required. Defending the lawsuit in court is the next step in the process and the City's legal team would prepare a brief by mid-late October. The October 11th meeting to consider approving the application would be moot.

No Action, Do Not Defend: The City could choose to not respond to the two lawsuits and let the judge decide the case. If the City loses, the judge would remand the Oak Rose application back to the City for approval and the City would probably be held liable for legal expenses and punitive damages caused by the processing delay. This kind of ruling would provide political cover for the City Council, because they would be acting at the direction of the court. It's a good thing the City has liability insurance!

Routine Meeting: This could be a routine closed session meeting to discuss the nuts and bolts going forward, and include such things as giving approval to prepare a brief, pending the outcome of the October 11th City Council meeting. If the Council decides to ultimately approve the project, the brief would not be needed and a request for dismissal would be made.

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