Fairness of Opt-out Street Sweeping Program.
L A Wood, February 11, 1993
Since December, Council has received several agenda communications regarding Berkeley's street sweeping program and its opt-out component. This information and analysis have focused on the environmental content of street sweeping, public education, monitoring, and their overall effect on our citywide Clean Water Program (CWP). It is equally important that the fairness of the opt-out component to our community also be addressed.
The idea of opt-out was created in response to the final phase-in (IV) of our street sweeping program in 1991. This petition process of withdrawal from mechanical sweeping and its controlled parking was developed as a reaction to this street sweeping phase in. It needs to be noted that the opt-out feature started at the same time that Berkeley was beginning the implementation of our CITYWIDE CWP.
The criteria to opt-out were developed to accommodate those in the phase IV area (North Berkeley and Thousand Oaks). In fact, blocks in this area had lined up to petition for opt-out even before the petition process was established by Council through resolution (NO.55,860). As a consequence, the criteria for opt-out were structured around these pre-petitioners and not the Clean Water Program.
Low density, residential, and low litter criteria have been the standard for qualifying to opt-out. The vagueness of these criteria have allowed the standard to be employed disproportionately (see attachment). Administrative discretion has defined the criteria for opt-out. A review of successful petitioners and those blocks denied show very little difference. We must be reminded that Berkeley is the second most densely populated city in the state and tenth in the nation. If automobiles were also a measure of urban density, our city would most likely rank much higher.
Opt-out avoids addressing the issues of automobiles and their contribution to urban runoff pollution. This can be seen in the consideration and approval of certain blocks participating in our selective opt-out program. Thousand Oaks Blvd. is a major arterial for those who live in that area. Berkeley Way is in the heart of a heavily trafficked commercial area. Parts of both streets have been allowed to petition out. How could these blocks possibly qualify to opt-out?
West Berkeley has been afforded only one opt-out block, North Valley Street. It has become West Berkeley's "token" participant in the opt-out program. This block is located directly across from the City's corporation yard with its vehicle fleet of over 100 and a staff of nearly 200. The corporation yard functions as an industrial facility. Dust from debris laden city trucks has been a constant complaint of the neighborhood. What criteria were applied here? Opt-out criteria are suppose to exclude industrial areas.
An examination of the petition process shows many examples like North Valley Street. The opt-out component is riddled with inconsistencies. The issue of fairness emerges as a picture of selective program development and use. Opt-out is not an environmental program. Opt-out could more accurately be described as an exclusive district program (see map).
The measurement of the fairness of the opt-out program goes far beyond our neighborhoods and districts. Berkeley's choices do affect our bays eco-system. It is an acknowledged fact that we live in an increasingly more polluted environment. As a community we are being challenged by this polluted environment that we helped to create. Our citywide Clean Water Program is simply a starting point to an environmental change. Opt-out indicates an unwillingness to participate. We should not allow this to be our response. It is time for Council to educate our community to this reality.
CLEAN WATER/URBAN RUNOFF PROGRAM
AND THE CITY STREETSWEEPING AND OPT-OUT PROGRAM
Community Environmental Advisory Commission, June 22, 1993
To: the Berkeley City Council
Introduction
On December 15, 1992, Mayor Hancock referred a communication from Mr. L A Wood regarding the City's street sweeping program and the opt-out component to the Public Works Commission and the Community Environmental Advisory Commission (CEAC). As a result of discussions at several regular CEAC meetings and a meeting held June 2, 1993 with two members of the Public Works Commission and the CEAC, the CEAC made the recommendation at their regular meeting on June 3, 1993.
RECOMMENDATION
The CEAC made the following recommendation to the Council:
It is recommended that the City Council more clearly state its goals for the Clean Water/Urban Runoff Program as it relates to the City's street sweeping program and its opt-out component. These goals should be re-evaluated based on the newly enacted federal standards for urban runoff/ pollution prevention in the Clean Water Act and that there should be a uniform application of these standards City-wide.
It is further recommended that the opt-out component of the street sweeping program authorized by Resolutions No. 55865-N.S. and 56874-N.S. be rescinded and that an educational program be initiated, utilizing funding from the Alameda County Urban Runoff Clean Water Program.
