Succumbing to pressure, the Elk Grove City Council defers Oak Rose decision until October 11

Faced with the political weight of angry District 2 residents, tonight the Elk Grove City Council decided not to follow the legal advice offered by the city attorney and deferred their decisions on the Oak Rose Project until their October 11 meeting.

The decision came after hearing over three dozen residents who primarily spoke against the project. The staff had recommended the city council approve the plan and avoid costly litigation.

The city council unanimously rejected the 67-unit District 2 Elk Grove Boulevard project in July 2022. Following that, the Oak Rose L.P. filed a suit against the city last October, followed by California Attorney General Rob Bonta and Gov. Gavin Newsom, who alleged the city violated fair housing laws.

A staff presentation by planning manager Antonio Abalog noted the project should be approved based on the cost of the lawsuit and the advice of city attorney Jonathan Hobbs. Following Abalog’s presentation, the applicant was invited to speak, but Hobbs noted they were not attending the meeting.

Mayor Bobbie Singh-Allen expressed indignation, saying, “This is disrespectful.”

Before the city council’s deliberation, the city council heard public comments. Most of the speakers opposed the project with far-reaching comments and concerns.

Several people expressed the common idea that the supportive housing project was in an improper location, its residents would threaten children and senior citizens, and bring more crime to the Old Town special planning area. Many urged the city council to fight the state to the U.S. Supreme Court if necessary.

“They are in it for the money”

Elk Grove City Councilmember Rod Brewer on the motivations of the Oak Rose project proponents.

Other opponents lobbed insults at Bonta and Newsom. One person called Bonta a punk, while another claimed Bonta was an instrument of George Soros, a favorite conspiracy theorist and anti-Semitic trope.

A few speakers supported the project. Among them was Bill Myers, who has long been involved in helping people experiencing homelessness through Elk Grove faith organizations.

Addressing many claims, Meyers said supportive housing residents are typically long-term and were not accurately portrayed by the project opponents.

“People need to get closer to the facts,” Myers noted.

Opening deliberations was District 2 City Councilmember Rob Brewer, who noted a current bill, Senate Bill 423, is on the governor’s desk. If approved, the tenets of Senate Bill 35, which helped pave the way for the Oak Rose project and made the city vulnerable to the fair housing lawsuits, would make local planning even more difficult by extending its authority until 2036.

“I’m with you every step of the way,” Brewer told the audience. Brewer said he too was insulted by the absense of the project proponents.

“They are in it for the money,” Brewer added.

Councilmember Sergio Robles asked attorney Hobbs the estimated costs if the city defended the lawsuit. Hobbs said it would be “mid to high six-figures” and double or triple if the city loses and is obliged to pay opponents legal fees.

Addressing the comment urging the city to fight, Councilmember Darren Suen said if they lost the litigation, it might lose its land use and zoning authority and eligibility for various state grants.

“There is greater risk than just his project,” he added.

After expressing frustration with the process, state legislators who put roadblocks in front of local land use decisions (Suen is employed as California Assemblymember Stephanie Nguyen’s [D – Elk Grove] chief of staff), and the state land planning dictates, Suen seemed to convince himself to not follow Hobbs’ recommendation.

“I’m willing to fight this a little more, so I can’t support this,” Suen said. “I can’t do it.”

In his commentary, Vice Mayor Kevin Spease said he understood residents’ concerns. Spease then mimicked a pharmaceutical commercial and repeatedly said, “Senate Bill 35 doesn’t care.”

Spease said law enforcement will have to mitigate the effects of the housing project, like abandoned cars on Elk Grove Boulevard. After expressing many thoughts and claiming he had lost sleep over the project, he suggested continuing the item until another city council meeting.

After making a lengthy statement, Mayor Bobbie Singh-Allen said the city had repeatedly presented counter-offers to the Oak Rose project proponents and the state of California but failed in their efforts. One of the proposals mentioned, which included an unspecified incentive, was to locate the project on a vacant parcel near Elk Grove-Florin and Calvine roads.

Toward the end of the deliberations, Hobbs said the item would need to be scheduled for the October 11 meeting. While the city council said they would try to have the project applicants appear at the October 11 meeting, they are under no legal obligation.

With the deferral, the Oak Rose opponents have two more weeks to muster opposition to the controversial project and the city council more time to sweeten their incentive offers.