Discussion of the program came during a staff presentation of the five-year $10.8 million Capital Improvement Program budget. The program covers repairs and improvements to streets, parks, public facilities and other areas of town.

Parks and Public Works director John Curtis explained that many sidewalks in town have been broken and raised by tree roots.

"We have to deal with the consequences of being a tree city," Curtis said. "The trees are winning over the sidewalks at every turn."

Both town and state codes actually place the liability for maintaining sidewalks with the property owner, but it has been the town's policy for years to pay for replacing sections that become safety hazards. Curtis said that because of the large number of replacements needed, the town's money would go farther if it split the cost with property owners.

The "50-50" replacement program model is already used in other Bay Area cities such as Gilroy, Mountain View, Fremont, Morgan Hill and Redwood City. Belmont, Foster City, San Jose and Monte Sereno require property owners to pay the entire cost. The cities of Saratoga, Campbell, Los Altos, Milpitas and Palo Alto pay the entire cost.

However, Campbell cut its sidewalk replacement budget in half for the next fiscal year, and Saratoga has cut its program budget, but Mayor Kathleen King said that the city still pays for repairs as needed.

Curtis explained that the town would still hire the contractor to do the work to ensure that it is done at low cost but high quality. He said the program would only apply to safety concerns.

"Our job in this is to create a safe pedestrian way, not necessarily a beautiful one," Curtis said.

The council agreed to move forward with developing the plan, but Councilman Joe Pirzynski said he was skeptical. Those property owners who would be required to pay in the future could be upset if their neighbors had sidewalks replaced at no cost before the program was implemented.

He cited the Main Street sidewalk improvements planned for next summer.

"How would the Main Street merchants feel if they were asked to fulfill the obligations of this program when the merchants on Santa Cruz didn't have that obligation?" Pirzynski said.

Mayor Mike Wasserman said part of the problem is that the town has been paying the cost of work for which it is not technically responsible, but that has become the expectation. "Over the years, this town has done so many things for its residents, those have stopped being seen as favors," Wasserman said.

A more detailed presentation is expected to go before the council this fall.