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Councilmember Cook-Kallio said even though the old tank was twice the size of the new tank, it looked roughly the same height and questioned whether this was accurate. Ms. Rocha said this is not an accurate depiction as her son took the picture many years ago and she tried to align the tanks as best she could. Councilmember Cook-Kallio verified that trees were removed from the Segundo's lot which without a permit, except for one which was the pine tree. Ms. Decker said no permit was issued for the Segundo's tank or for construction and they are currently undergoing code enforcement proceedings. Councilmember McGovern asked for a continuance to give the parties an opportunity to reach an agreement. She felt both parties made mistakes, and perhaps two weeks would give them time to come up with a solution. Councilmember Cook-Kallio asked Ms. Rocha if two weeks time for a mediation process would be helpful. Ms. Rocha said she was not inflexible, but the only issue is that she has already spent considerable money installing the tank. The Segundo's have suggested they would cover half the cost of moving the tank, however, it feels like a waste of resources to do it again. It is still not going to appease the neighbors in Diamond Court. Moving the tank to a certain spot may not resolve the issue. If it is moved to the middle of the field it will be more obvious to the Segundo's. Councilmember Cook-Kallio expressed appreciation for Ms. Rocha's frustration, asked that discussions go on longer than two weeks and a workable solution would be her preference. Councilmember Sullivan reported he has talked to the appellant and has been to the site. The tank is very visible from appellant's house and Diamond Court and their input would have been valuable. He believed that 30 days would be more appropriate to work this out. However, staff has processes in places, design review rules and staff notifies neighbors when these things are done so people can be warned and have the opportunity of public process to influence. He said his inclination is to reinstitute the process, put it back where it was and if people want to move the tank go through the process. If the Segundo's are willing to contribute, it may move the process along. If it takes 30 days to find a solution, it should be extended. If it comes back unresolved, it will need to be viewed from the perspective of why the rules are set up in the first place. Councilmember Cook-Kallio agreed and said she is likely to deny the appeal because the Segundo's also did not go through the process in removing their trees. Both are culpable. It is troublesome to grant an appeal on a conditional use permit when they did not do it either, and she would like to see some sort of resolution. Councilmember McGovern commented that Ms. Rocha has done an amazing job to her property. She believes the Segundo's property values have increased because of it; however, two wrongs do not make a right. Both of these matters have to go through the process to make them right and she hoped the 30 days will reduce the level of animosity and things work out. Vice Mayor Thorne said a major concern of his is the failure to get the CUP and that he was not sure it was Ms. Rocha's fault. He felt the Council might ask the hearing officer to talk with the contractor to apprise him of the need for permits. However, he said this property is zoned agricultural and structures like the tank are expected in this particular area. The decision to place the tank next to the wellhead is a rational engineering decision. He did not think it would be necessary to move the tank and supported planting better screening for view or anything else that would help the view line. City Councii Minutes 10 August 19, 2008