At a meeting on June 15, the city council discussed a proposed ordinance that would shift the onus of sidewalk maintenance onto homeowners.

The council then voted 3-2 to send the issue back to staff for more investigation and look at the option of a matching sidewalks management program that would be funded both by the city and the homeowners for a limited time.

Councilman Nick Streit and Councilwoman Ann Waltonsmith voted against the decision.

"A lot more information is needed. I think we're moving awfully fast on this issue," Vice Mayor Norman Kline said.

He said that since many neighboring cities were discussing the issue of sidewalk maintenance, it would make sense to wait and see what they decided.

City Attorney Richard Taylor said at the meeting that state law requires that homeowners maintain sidewalks in front of their property. "It has never been enforced by the city," he said.

The proposed ordinance also has a provision that says property owners will be liable for personal or property damage resulting from their failure to maintain a particular piece of sidewalk.

Taylor said at the meeting that the city would still be liable for any accident even if the ordinance was passed and homeowners were made liable for any accidents due to damaged sidewalks. "It would be a joint liability," he said.

About 10 percent to 15 percent of city streets have sidewalks, according to John Cherbone, the city's public works director.

Many homeowners who have sidewalks fronting their property attended the meeting.

"I have nearly 150 feet of sidewalk around my house," Ken Wilton said. Wilton said that the sidewalk was in abysmal shape and had not been maintained properly by the city. "I hope that the city will start me out with a decent sidewalk to begin with," he said.

Some homeowners complained that the ordinance would affect a minority but benefit a majority of local residents.

Waltonsmith said that she disagreed with the vice mayor's idea of a matching program because the original intent was to save the city some money. "Instead, we will end up spending more money," she said.

Kline's opinion was that a few years of a matching sidewalk maintenance program would be a more positive step and also help restore the condition of the city's sidewalks.

Councilwoman Aileen Kao said she favored devoting more time to the issue.

The Association of Bay Area Governments has suggested to local cities that they adopt ordinances that require homeowners to maintain sidewalks in front of their house, Taylor said.

"This should have been in place 30 years ago. At some point, a city council will have to bite the bullet and adopt this ordinance," Streit said.

Due to the fiscal crisis in the city, the city has eliminated the $50,000 set aside for sidewalk maintenance from the next year's budget.