A theme of
this election season has been strategic decision-making around the varying approval
thresholds for different forms of tax measures.
Is it better to seek a general tax measure, which requires only 50
percent plus one for approval, even if it means battling skepticism about how the
revenues will be spent? Or is better to
specify the uses of the revenue, even though that would bump the approval
standard to two-thirds when the electorate might not be able to muster a
two-thirds majority over whether the sun will rise in the east tomorrow?
Or perhaps the
55 percent rule will apply, although that option is limited to certain types of
school bond measures. (If someone wants
a legal summary of the various California approval standards, the Legislative
Analyst’s Office provides one here. The
flowchart is nicely done.)
Also, during
my years in Oregon, I watched the double-majority standard in action, a rule
that was so perverse in its unintended consequences that the voters finally
repealed it in 2008.
But what if
I wrote that there was a type of infrastructure for which 100 percent voter
approval was required? It may seem surprising,
but it’s nonetheless true. In large
areas of our cities and towns, sidewalk upkeep, and therefore walkability,
requires 100 percent participation from property owners.
In a carryover
from English common law, California homeowners are responsible for the repair
and maintenance of the sidewalks in front of their homes. Originally, English landowners were responsible
for the entire roadway. The government
eventually, in the interest of commerce, assumed street repair, but the takeover
didn’t progress far enough to include the sidewalks.
(The
original road maintenance obligation is one reason why English towns and early
American towns are often characterized by multi-story common-wall houses on
narrow lots. The narrow lots reduced the
repair obligation. Coincidentally, the
narrow lots also helped communities satisfy Jeff Speck’s “interest” and
“usefulness” elements of walkability. It
was only when government took over road upkeep that the lots of the
middle-class began sprawling sideways, which also undermined walkability.)
There may be
sidewalks, such as in the downtown retail areas, where a city has assumed sidewalk
maintenance to preserve commercial activity, but most sidewalks remain the responsibility
of the adjoining homeowner. As a result,
as any property liability expert will avow, California homeowners also remain
responsible for any personal damages that result from poor sidewalk conditions.
However,
even the threat of lawsuits isn’t always sufficient to motivate sidewalk
repairs. With stagnant middle-class
wages, the need to save for college educations and retirement, and the desire
for the newest electronic toy, sidewalk repairs often fall far down household priority
lists, below the point at which funds are exhausted.
In the recently-developed
parts of a town, the sidewalks constructed as part of the initial development
typically remain in good condition. But
nearly every block in the more mature areas of a town will have a stretch or two
where the footing is too treacherous for 80-year-old grandmothers to walk to
the store.
Even if a neighborhood
is lucky enough to have a Ray’s Delicatessen and Tavern a block away, that destination, which should be the
hallmark of a walkable neighborhood, may still require a car trip by the less foot-sure
residents of the neighborhood. And the
only immediate solution is the impossible expectation that all property owners
promptly attend to deteriorating sidewalks, the 100 percent standard I noted
above.
Nor is
complete neighborhood concurrence fully adequate to support walkability. In many older neighborhoods, street repairs
have often included lifts of asphalt that have raised the centerline elevation
by six inches or more, without changing gutter line elevation, resulting in the
frequently-seen humped street cross-section.
Even if a
mobility-limited pedestrian is lucky enough to encounter an intersection which
has been retrofitted with handicap ramps at their mandated 8.3 percent slope,
the pedestrian may be faced with grades of 12 percent or more to cross the
street. The only solution to hump-backed
street is full reconstruction, a task well beyond the financial capability of
most towns.
To highlight
the absurdity, my wife and I were recently sitting in our Petaluma parlor when
a man in an electrical wheelchair rode by.
A few minutes later, he returned.
Both times, he was in the street, not on the sidewalk. In a town that disgruntled drivers have
dubbed the Pothole Capital of California, wheelchair users still find it safer
to ride in the streets than on the sidewalks.
That should give pause.
This
overview on the reality of sidewalk maintenance is part of my ongoing discussion
about urbanism and senior living. There
is a strong case that seniors can live richer,
fuller lives in a walkable urban setting.
But sometimes those downtown residential locations are a block or two
from the social opportunities that can enrich a senior life, a distance in
which the sidewalks may be in disrepair.
And for seniors
who have been relegated to the suburbs by a lack of downtown options or the difficulty
of selling suburban homes for an adequate price
to fund retirement, good sidewalks can be essential to reaching the occasional
neighborhood store or the bus stop from which downtown can be reached.
There are no
easy fixes to the sidewalk repair deficiency.
We could impose fines on homeowners who are delinquent with their
repairs, but that seems draconian. We
could do government repair on more sidewalks, but that would require more tax
revenues. (Even within the many tax
measures on the November ballot, sidewalk repairs are barely more than a
rounding error.) Or we could build
communities where the ratio of people to linear foot of sidewalk is pushed
upward, making it easier to build a consensus for sidewalk upkeep. I favor the last.
In any case,
it’s ironic that we can build systems that, with the touch of a key fob, give
seniors extra time to cross busy streets, but we can’t
find a way to maintain the concrete to get them to the street crossing.
As always,
your questions or comments will be appreciated. Please comment below or email me. And thanks for reading. - Dave Alden (davealden53@comcast.net)
(Disclaimer:
I have a sidewalk in front of my home that is beginning to crack because of a
tree root. It isn’t yet a big trip
hazard, but is heading that way. Repair
is scheduled for spring.)
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