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209 <br /> <br /> Mr. Pico asked if the lot line split has been recorded at this <br />time. <br /> <br /> Mr. Swift answered yes. <br /> <br /> Mr. Pico asked why the lot line split was recorded prior to <br />the agreement on the water diversion being signed. He understood <br />that A-M Homes verbally committed that it would not transfer the <br />property title until this was satisfactorily resolved. <br /> <br /> Mr. Swift said that staff was not aware of why A-M Homes had <br />changed its position. <br /> <br /> Mayor Tarver referred to Mr. Joel's request for permission to <br />have PG&E overhead and fencing around the boundary of his property. <br />He asked if this request was made before or after staff was <br />notified. <br /> <br /> Mr. Swift stated that the power pole work began one month ago. <br />A Code Enforcement Officer informed PG&E that the property was not <br />in Mr. Joel's name; therefore, PG&E stopped work. Staff learned <br />later that PG&E returned to put the power poles back in. Mr. Joel <br />at that time applied for permission to put the poles in. One of <br />the poles had already been installed but it was not within the area <br />that was part of the lot line adjustment. <br /> <br /> Mayor Tarver then asked if staff had noticed if the diversion <br />was complete. <br /> <br /> Mr. Swift stated that staff has seen the diversion not <br />operating the way in which it was required to operate. <br /> <br /> Natalie West, McDonough, Holland & Allen, 1999 Harrison <br />Street, #1300, Oakland, represented Mr. Joel and Ms. Greist. Ms. <br />West explained that her clients received a permit and an <br />entitlement for use from the City. Although they were not <br />satisfied with the conditions imposed by the City, they have made <br />every effort to comply with the conditions. She believed that <br />fencing the property would prevent vandalism to the system. The <br />installation of PG&E power poles allows Mr. Joel to use the pumping <br />system to keep track of the amount water being pumped. Ms. West did <br />not believe that it was not appropriate for the City to impose a <br />monitoring condition because her clients were complying with the <br />conditions set forth by the City. She asked that Council defer to <br />staff to continue the informal monitoring of the system. Her <br />clients would continue to work with staff to ensure that the system <br />is functioning in the way that the City determined it should. She <br />believed that this was a private dispute between two neighbors and <br />did not want Council in the middle. <br /> <br />12/1/92 7 <br /> <br /> <br />