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but now the developer advises the trees are to be offered "for sale" to individual homeowners. He asked the City Attorney what recourse the Council has to enforce this condition. The City Attorney advised that the condition could be declared in non- compliance and the city would not issue further building permits, inspections, or occupancy permits, depending on the status of the development. Councilmember Mercer stated he also has concerns regarding the minimum 20 foot setback requirement being adhered to. After discussion, it was moved by Councilmember Brandes, and seconded by Councilmember Mercer, that the City Attorney be instructed to advise the Cork Hap- bout developer that it was the intention of the City Council relative to Condition 28 for PUD 79-11, that the developer furnish the five fifteen-gallon trees, and that the minimum 20 foot setback requirement be observed; and that failure to comply with these conditions will require the city to declare non-compliance of the conditions. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None Councilmember Mercer asked if staff has a system for controlling sewer usage of a building after it has been vacated and then a new user occupies it. Mr. Walker advised staff is now preparing a report and draft ordinance for sewer fees based on water consumption and that the proposed ordinance should be ready for Council review by the end of the year. CITY COUNCIL COMMITTEE REPORTS Councilmeier Brandes advised that he and Mayor Butler had met with representa- tives from Morrison Homes to discuss their 204 dwelling unit application at the north- east corner of Santa Rita Road and Valley Avenue relative to disposition of long term agreement funds; and that the matter will be before Council on November 22, 1983. -- Councilmember Wood requested Council to adopt a resolution encouraging the Board of Supervisors not to further reduce staffing of the Valley Mental Health Clinic. After discussion, it was moved by Councilmember Wood, and seconded by'Councilmember Mohr, that Resolution No. 83-476, in support of the Valley Mental Health Clinic, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None Councilmember Mohr reported on a meeting of the Policy Committee of the Pleasan- ton/Dublin Transit Study held on this date, stating that bus routes were reviewed. She advised she would have a written report prepared for the next Council packet relative to this matter. Councilmember Mercer stated that Council has received a copy of a letter from Mayor Leon J. Mezzetti, Fremont, to the Board of Directors of LAFCO, opposing pro- posed changes to the LAFCO Sphere of Influence policies. After discussion, it was moved by Councilmember Mercer, and seconded by Councilmember Brandes, that Resolu- tion No. 83-477, that the City of Pleasanton go on record in opposition to proposed changes to the Local Agency Formation Commission Sphere of Influence policies, and favoring retention of the present emphasis on development within existing cities, be adopted. The roll call vote was as follows: .... AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None MEETING OPEN TO THE PUBLIC No one in the audience addressed the Chair. 4. 10/25/83