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REPORTS OF THE CITY MANAGER Appeal of Denial of Permit to Remove Herita5e Tree Mr. Campbell presented his report dated January 24, 1979, regarding this matter. Mr. Vern Hemstreet, 4614 Black Avenue, stated the tree in question was a sick tree and a hazard to his property, and he felt it should be removed. Councilmember Kephart asked Mr. Hemstreet about his background in horti- culture. Mr. Hemstreet advised he was formerly an agriculture teacher and had knowledge in this field. Councilmember Wood stated that he felt to grant this appeal would be allowing special privileges Councilmember Butler asked staff if the tree had been inspected. Mr. Camp- bell advised that it was dormant due to winter season and the condition of the tree could not be determined until Spring. Councilmember Butler stated he felt no decision should be made until the actual condition of the tree could be determined. Councilmember Brandes stated he felt every homeowner should have the right to remove a tree on their own property if he desired to do so. It was moved By Councilmember Brandes, and seconded by Councilmember Kephart, to approve the appeal of Vern Hemstreet to remove a large black walnut tree in his front yard at 4614 Black Avenue. The roll call vote was as follows: AYES: Councilmen Brandes, Kephart, and Mayor Mercer NOES: Councilmen Butler and Wood ABSENT: None Mr. George Withers requested that item 13b - Oral Report on Train Speeds and Dangerous Commodities, be considered with item 8a - Railroad Track Consolidation Project. Council concurred. PUBLIC IF_ARINGS Review and certification of the Final Environmental Impact Report for the Pro- ~osed Sunol-Pleasanton-Livermore Railroad Track Consolidation Project REPORTS OF THE CITY ATTORNEY Oral Report on Train Speeds and Dangerous Commodities Councilmember Wood stated he would abstain from participation on this item due to a potential Conflict of Interest. Councilmember Kephart questioned the potential Conflict of Interest and asked Councilmember Wood to reconsider voting on the Environmental Impact Report. Councilmember Wood indicated that he had talked to Western Pacific Business Agent and front office and they could not guarantee that Villa Armando, his employer, would be served after the consoli- dation. If they were not served this would cause a financial impact on his employer of at least 1% of their annualized net income. The City Attorney indicated that given Mr. Wood's belief that to participate would constitute a potential Conflict of Interest, he should abstain. Mr. Brown presented his report dated February 6, 1979, regarding the rail- road track consolidation project. 3. 2/13/79