"This is basil," says John Diquisto walking through his garden.

"Tomatoes...carrots, we have fresh carrots."

Diquisto's garden is a veritable "Eden." It's an oasis smack dab in the center of California's third-largest city--San Jose.

"These are called Fuji persimmons. You can eat 'em just like an apple!"

Growing in various containers are several varieties of fruit trees, vegetable plants, and flowers.

"It's very lush, uh the climate is perfect for growing," says Diquisto. "This is a robin's nest!"

But the city has told Diquisto that his garden has got to go. But, why doesn't Diquisto just fight City Hall?

"I will," says Diquisto. "I just have to pick my battle at a different time."

And Diquisto should know how to pick battles at City Hall. Because John Diquisto is also known as "Councilman Diquisto," representing San Jose District number nine. And, Diquisto's garden is on City Hall--up on the roof.

Several years ago, shortly after he was elected to the City Council, Diquisto--an avid gardener-- ran out of room in his home garden. So, on a whim, he carted a potted tomato plant to City Hall and stuck it on the roof. That plant grew into a lush garden. Today, one corner of the rooftop is crowded with Mandarin oranges, limes, raspberries, strawberries, and figs among other types of vegetation.

While most politicians prefer to hang out in smoke-filled rooms, Diquisto likes to take guests up on the roof to his garden. And while most politicians prefer to wine and dine big wigs at one of San Jose's upscale eateries, Diquisto likes to drag the Mayor or the Chief of Police up to his garden where he will cook freshly-picked vegetables in a portable kitchen that he and his staff installed on the roof--at his own expense.

"We call it 'Bistro Diquisto," says the affable Councilman.

But, alas, City Hall has to replace the leaky roof, which supports Diquisto's garden. And city officials have told him that his oasis must go.