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Proposal
for Moving Forward with Read the Memo to Council 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.cityofberkeley.info/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. In
addition, the 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 2005.
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.
This
Task Force will be discussed by the City Council at its November 9, 2004, meeting. 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.
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