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The City Council’s decision to create a Creeks Task Force to review the Creeks Ordinance and to make recommendations back to the council provides the City of Berkeley with a great opportunity to protect creeks while at the same time being sensitive to private property interests and concerns. 

Last November the City Council established a broad-based 15-member Creeks Task Force to review the existing Creeks Ordinance and propose revisions by May 2006. The task force consists of one appointee from each councilmember; one each from four commissions—Planning, Public Works, Parks and Recreation; and Community Environmental Advisory Commission; and one each from Neighbors on Urban Creeks and creek protection groups. The task force has been meeting since Feb. 7 to develop a draft work plan to be submitted to the council by May. Then the task force will have a year in which to come up with proposed revisions.  

This process provides the city with at least four opportunities: 

1) Model Revised Creeks Ordinance. Berkeley has the opportunity to come up with a revised broad-based creeks ordinance that’s a model for other cities in the same way Berkeley’s curbside recycling program has been. The current Creeks Ordinance was one of the first to be adopted in the nation. It’s now time—16 years later—to review it in light of new information including the ecological benefits of creeks while acknowledging and respecting property owners’ concerns. For example, issues to consider include determining setback measurements based on more recent scientific studies, reviewing the definition of creeks overall, and expanding ordinance goals to include improving water quality.  

2) Review the Creeks Ordinance in light of other regulations. Several agencies such as the San Francisco Regional Water Quality Control Board, the State Department of Fish and Game, and the U.S. Army Corps of Engineers regulate specific aspects of creeks and waterways, specifically water quality and stream banks. However, if left only to these agencies, some elements of creeks would not be regulated. For example, land use within 30 feet of the centerline of the creeks. Furthermore, as with many environmental regulations, the overlap and enforcement provided by several jurisdictions result in stronger environmental protection overall which Berkeley citizens have always valued. That is why several other cities like Berkeley and counties throughout the state have also adopted their own local creeks ordinances. The task force will be looking in greater detail at what other agencies do regulate to see if there is any conflict or overlap, and will modify the Berkeley Creeks Ordinance accordingly. The task force will also look at other municipal creeks ordinances to see if we can learn from their experiences; some cities and counties are reviewing their ordinances as well. 

3) Possible day lighting of some creek sections. Berkeley has the opportunity to identify those places on creeks that would be feasible for day lighting. Day lighting means exposing a covered or culverted creek to daylight. Day lighting a stretch of creek could regain some of the benefits of natural channels such as improved flood control thus providing benefits to both private property owners and the larger community. On public property, day lighting can result in a new stretch of creek being open and accessible to Berkeley citizens. The popular Strawberry Creek Park in West Berkeley—one of the first day lighting projects in the nation—is a good example. It might be possible to fund this day lighting work through grants, such as the restoration work in process on lower Codornices Creek, without using any city funds. 

4) Funding for failing culverted creeks. Some of Berkeley’s culverted creeks are failing. Since there is pending litigation between the city and property owners over who is financially liable for repair of the culverts, the City Council has specifically not asked the task force to address the issue of financial responsibility. However, the task force has been asked to look at alternative funding sources, such as grants or possibly raising the storm water fee. 

The task force’s work will continue until May 2006. We’ve been meeting most Mondays at the North Berkeley Senior Center from 7-9:30 p.m. If you want to comment or attend future task force meetings, for more details please check the Creeks Task Force website: www.ci.berkeley.ca.us/planning/landuse/creeks. Or you can call Creeks Task Force Secretary Erin Dando at 981-7429.  

Helen Burke is chair of the Creeks Task Force. The views expressed herein are her own and do not necessarily reflect those of the task force. 

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