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The Creeks Task Force unanimously approved a work plan Monday asking the city for $100,000 as it begins work to recommend a new creeks ordinance. 

Berkeley’s current creek law has been criticized both by creek advocates, who don’t think it offers enough protections to creek watersheds, and homeowners who argue that it unfairly infringes on property rights. 

The present law forbids the construction of roofed structures within 30 feet of an above or below ground creek that runs along its natural course.  

Initially, the task force had considered asking the City Council for $200,000 for consultant to study creek conditions, but several task force members feared the council, struggling with an $8.9 million budget shortfall, would deny the request. The task force plan is scheduled for review by the Planning Commission on Wednesday and then will go to the council. 

At the request of Planning Director Dan Marks, who said city brass opposed hiring more staff, the task force dropped a suggestion to use $100,000 to hire a Creeks Coordinator to gather data and implement the new law. 

The work plan calls for the task force to begin by determining which waterways will be regulated as creeks, how far new construction should be set aside from the waterways, and what type of structures should be permitted. After a consensus is reached on those issues, the task force will consider opportunities for unearthing creeks that have been driven underground in concrete culverts and establishing policies to manage creek watersheds. 

“It’s a working plan, not a recipe that we have to follow step by step,” said Diane Crowley, member of the task force. “As work proceeds we can make changes.”  

The task force is scheduled to reconvene May 2. It has until May 2006 to recommend a new ordinance.