Sierra

Sierra Club Resolution

Sierra Club

Northern Alameda County Regional Group

San Francisco Bay Chapter

2530 San Pablo Ave., Suite 1, Berkeley, CA 94702 (510) 848-0800

1301 Oxford St. - Congregation Beth El Synagogue & School

(Resolution Approved 10/23/00)

Whereas, having evaluated the Congregation Beth El Synagogue and School Draft Environmental Impact Report dated July 2000;

Whereas, having had representatives from Congregation Beth El and Live Oak Codornices Creek Neighborhood Association at our 9/25/00 and 10/23/00 meetings;

Whereas, Codornices Creek is Berkeley's most open or natural creek system and has been the focus of five coordinated restoration projects in its upper and lower reaches;

Whereas, Codornices Creek, in its entirety, was designated in February, 2000 as "critical habitat" necessary for the recovery of the Central California steelhead evolutionary significant unit (ESU);

Whereas, Berkeley Municipal Code Chapter 17.08.020 states as finding "H": "It is in the interest of the City of Berkeley to encourage the removal of culverts and channels, prevent channel riprapping, and to restore natural watercourses wherever safely possible."

Whereas, "The Joint Watershed Goals Statement" passed in 1995 by Albany, Berkeley, El Cerrito and Richmond states as one of its goals:

"Restoring our creeks by removing culverts, underground pipes, and obstructions to fish and animal migration, putting creeks in restored channels up in the sunshine where they can be enjoyed by people and wildlife."

Whereas, the National Marine Fisheries Service (letter dated 9/11/00) states:

"In consideration of recent efforts to restore other reaches on Codornices Creek, the need to address fish passage at the existing culvert for listed steelhead, and the City of Berkeley's Creek Ordinance which encourages the removal of culverts, I strongly encourage the applicant and City of Berkeley to pursue an alternative that will allow for unimpeded fish passage and restoration of the stream channel on the project site such as the "creek daylighting" alternative presented in the DEIR..."

Whereas, the Urban Creeks Council (letter dated 9/03/00) wrote:

"If this site is going to be developed in any way, the City of Berkeley should require the applicant to restore the full length of Codornices Creek, in accordance with the policies of Berkeley's Ordinance No. 5961 as well as the Joint Watershed Goals Statement,... This project violates the intent of both documents. If these policies are not encouraged and upheld, there is little point in making them in the first place." "If the City of Berkeley ever hopes to restore this watershed for steelhead, this project's impacts must be taken seriously and the applicant encouraged to create the best conditions possible for fish, which will only happen if Alternative 6.2.5 (DEIR - creek daylighting) is adopted."

Therefore be it resolved, the Sierra Club opposes any project proposed for 1301 Oxford Street that does not include restoration* of Codornices Creek as it crosses the site;

Be it further resolved, if it is found to be impossible to fully restore the creek and achieve the applicant's goals the Sierra Club encourages the City of Berkeley to work with the applicant to find an alternate site. Consideration of selling transferable development rights or selling the site to a land trust or similar entity could be options.

* ("restoration" means creation of habitat suitable for recovery of the steelhead ESU, and includes but is not limited to daylighting)

Sierra Club Cover Letter