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435 Mr. Brandes commented that he did not understand why the City would hold up a permit if neither neighbor would be liable for the cost of the fence. Mr. Mercer stated that it did not seem fair to the rest of the constituents of the City to have the City pay for the fence but that he had no objection if the Stillians and Pedersons agree to do the landscaping first until the question of who pays for the fence is resolved. Ms. Acosta explained that she strongly recommended that permits to begin work not be granted until all arrangements are finalized. She added that if staff is unable to work out an agreement, and the City is not able to cover the costs of the improvements, the neighbors may not get their part of the deal, but the applicant would have been permitted to have his work completed. She suggested that Council adopt the conditions, and staff will then try to get the agreements resolved as quickly as possible. Mr. Brandes pointed out that Council would be approving something that has already been done without a permit. Ms. Acosta agreed that the work was done without a permit but added that it has not been inspected to see if the height of the retaining wall as well as the grading were in compliance with the plan. It was moved by Mr. Brandes, and seconded by Mr. Tarver, that Resolution No. 90-157 be adopted, approving Z-90-469, the application of Don and Melissa Pederson to regrade a portion of the rear yard located at 971 Montevino Drive (Lot 2, Tract 5948, Vintage Heights II), as set forth in the Staff Report, subject to the condition that all reference to a maximum height for the property line fence be deleted from Condition No. 7 of the Conditions of Approval. The roll call vote was as follows: AYES: Councilmembers Brandes, Tarver and Mayor Mercer NOES: None ABSENT: None ABSTAIN: Councilmember Butler and Mohr 8-21-90 - 11 -