Features

Editors, Daily Planet: 

Recently, creeks issues have been a difficult and controversial issue for the City Council and the community. In addition to the hundreds of people that have testified before the City Council, my office has received over 350 emails, letters, and phone calls in the past six weeks.  

The City Council has taken an important first step in fixing the creeks ordinance by unanimously voting to eliminate the prohibition on rebuilding existing structures that are within 30 feet of a creek after a fire, earthquake, or any other disaster. This change has now been codified into law. 

However, there is still much work to be done. How do we define a creek? How should we best protect free flowing surface creeks? Should culverted creeks be protected? How do we determine the exact location and status of existing culverts? Where is it feasible to consider daylighting creeks that are currently in underground culverts?  

While there are differences of opinion on how best to move forward with this review, I have not heard any disagreement on the need to undertake this review and make changes. In an effort to move forward together in an inclusive and effective manner, Council Members Linda Maio and Mim Hawley joined me in proposing a compromise process for reviewing and amending the existing creeks ordinance. 

(You can read a complete version of this proposal on my website at: www.ci.berkeley.ca.us/mayor/PR/webrelease2004-1019.htm) 

Our recommendations include a temporary 13-member task force with appointments by each Council Member, and a Commissioner from the Planning, Public Works, Community Environmental Advisory, and Parks and Recreation Commissions. This Task Force will report to the Planning Commission before submitting proposals to Council. 

This task force will be required to complete its work within about 18 months. Our proposal includes two provisions that ensure the Task Force makes progress and meets deadlines. First, it requires that a work plan and budget be submitted by April of 2004. Second, the Council will adopt a provision that the current culvert protections in the Creeks Ordinance will be indefinitely suspended on May 1, 2006 unless the task force has provided its recommendations. In addition, the task force will be required to hold public meetings, take public comment, and provide notice of meetings just as the City Council or Planning Commission would.  

It is our hope that this proposal can be the basis of a good discussion that will help the Council and the community move forward together to address these difficult issues. 

Mayor Tom Bates