Cindy Brain, who has lived in the city for the past 3¹/2 years with her husband and their children, said she'd like to see height restrictions of side and backyard fences raised from 6 feet to 8 feet.

"There are dozens of fences, perhaps hundreds—I've never stopped to count—that exceed the 6-foot limit," Brain said. "I'm sensing from the community, from talking with my neighbors and speaking with the mayor, that this is a change they would like to see. The community is just waiting for someone to step forward and make this happen."

Brain and her next-door neighbors, Joe and Darla Padgett, jointly own a fence that separates their properties on Los Gatos­Saratoga Road, Highway 9. The fence is higher than 6 feet because of an additional 2 feet of lattice. It has been termed by City Manager Brian Loventhal "an illegal, nonconforming fence." Loventhal said the original fence and a fence that replaced it more recently were both built without valid permits from the city.

The city's attorneys have filed criminal charges against the Brains and Darla Padgett since they haven't altered the fence to meet the existing code. But the Padgetts and Brains claim it's an unfair fencing ordinance to begin with, and they are being singled out to comply with it. During the public comment period of a March 16 council meeting, Brain asked council members how the process works to change a municipal code.

Brain said she's learned there are a few ways to change an existing ordinance in the city, based on information received from City Attorney Bob Logan and City Clerk Andrea Chelemengos during the council meeting and the following day.

First, the city council can change an ordinance by its own initiative. To get the ball rolling, Brain said she's planning to write a letter to council members asking them to consider changing the ordinance.

But if council members become split on a vote to change an ordinance, Chelemengos said they could put it on the ballot and let the voters decide. For example, in November of 1998 the council voted unanimously to place an initiative on the ballot to limit council members to two consecutive four-year terms. The initiative passed.

If neither option is feasible, a resident can circulate a petition to get an ordinance changed. If Brain can gather signatures from 10 percent of the registered voters within the city, a measure to change the ordinance would appear on the ballot in November or during a special election.

There are 2,422 registered voters in Monte Sereno. Brain would need 243 signatures.

In other action at the March 16 meeting, council members elected a new representative to serve on the city's four-member site and architecture committee. The committee reviews items such as building improvements, remodeling and landscaping of properties within the city.

Out of a record 12 applicants for the position and following a careful review, the council members voted in favor of Barbara Allen, a 42-year resident of the city who attends nearly every city council meeting. Allen replaces Lori Cooper, whose term ended this year. Cooper is also changing her city of residence, according to Chelemengos.

Allen viewed the position as a way to serve as a liaison between homeowners and council members.