ROSELAND CREEK COMMUNITY
PARK MASTER PLAN:
RESCISSION OF APPROVALS AND
DIRECTION FOR PREPARATION
OF ENVIRONMENTAL IMPACT
REPORT
City Council Meeting
January 25, 2022
Sue Gallagher, City Attorney
Jen Santos, Deputy Director - Parks
1 Roseland Creek Community
Park Location Map
2 Roseland Creek Community
Park Aerial Map
3 ROSELAND
CREEK
ELEMENTARY
Master Planning Process
Since 2009, the City has engaged with the
Roseland Community to develop a Master
Plan:
• 2009 – 2018: more than 17 public
meetings and approximately 7 community
events
• 2019: 6 public meetings
• 2021: 1 public meeting, 6 listening
sessions
4 Environmental Review
• March 28, 2018, began
the full Initial Study
(environmental review
process)
• Initial Study analyzed the
potential environmental
impacts of the Master
Plan for Roseland Creek
Community Park
• Full Environmental
evaluation of the site
5 Roseland Creek Community
Park 2021 Master Plan
6 Roseland Creek Community
Park at City Council
7 Master Plan at City Council September 28,
2021:
• Council received presentation documenting
the Master Plan representing all community
feedback received 2009-2021 and
environmental review process
• Council approves community developed
Master Plan and Mitigated Negative
Declaration (MND)
• Notice of Environmental Declaration filed
with State Clearinghouse
Lawsuit
8 October 28, 2021, Roseland Action and
Duane DeWitt filed a lawsuit:
• Challenges the City’s adoption of the MND
and the Master Plan
• Lawsuit could significantly delay the
project and likely add well over $150,000
in increased costs
• Park remains undeveloped for use from
the community for potentially three
additional years
Analysis of Next Steps
Two primary options:
• Defend Master Plan and MND, which
could result in significant delays and
costs of approximately three years and
more than $150,000
• Rescind the approval of the Master
Plan and MND to prepare an
Environmental Impact Report (EIR)
with likely delays of 7 months and
approximately less than $100,000
9 Rescission of Approvals
• Process to open park to the community at 12
+ years
• Rescission of Approvals of the Master Plan
and MND reduces the amount of delay
• An EIR developed in approximately 7 months
with the Master Plan
• Staff return to Council for adoption of the EIR
and current Master Plan in Fall 2022
• Park open to the community sooner with
rescission
10 Recommendation
It is recommended by the City Attorney’s office and the Transportation and Public Works Department, Parks
Division, that, in order to avoid the significant expense and delays associated with engaging in litigation filed against the City by Roseland Action and Duane DeWitt
challenging the Council’s prior approval of the Roseland Creek Community Park Master Plan, the Council, by
Resolution: 1) rescind Resolution No. RES-2021, which
adopted the Mitigation Negative Declaration for the
Roseland Creek Community Park Master Plan and
approved the Roseland Creek Community Park Master
Plan; and 2) direct staff to prepare an Environmental
Impact Report (EIR) for the Roseland Creek Community
Park Master Plan as currently drafted.
11 QUESTIONS
12