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THE CITY OF I 1 /1 r~ -w 9m" ~~i 1 V i n m (-` - ~L~ ~S14NTONo MEMORANDUM Date: January 20, 2009 To: Mayor Hosterman and Members of the City Council From: Nelson Fialho, City Manager ,~J'~// Brian Dolan, Director of Community Development ~~ Subject: PAP-121/PCUP-205, Water Tank Relocation at 481 Sycamore Road BACKGROUND Councilmembers may recall that this item involves a disagreement between neighbors, Janny Rocha and the Segundos, regarding a water tank that was originally installed without a permit but was ultimately approved by the Planning Commission. Staff's recommendation presented to the Council in August of 2008 was consistent with the Planning Commission approval of the use permit for the tank. This position was based on several factors including the subjective nature of the extent to which the tank represents a visual problem, the understanding that semi-rural areas routinely contain water tanks as part of the visual landscape, and the anticipated future screening that will be provided by the trees that Ms. Rocha has planted along the common property line. At the City Council meeting of August 19, 2008, after closing the public hearing, the City Council voted 4-0 (Hosterman absent) to continue the item to allow staff to facilitate additional discussion between the two parties. NEGOTIATION Staff hosted three different meetings where we explored several different avenues to resolving the issue. Both parties negotiated in good faith. The first alternative we explored was the relocation of the tank to a less visible location. Staff obtained two bids ranging from $5,000 to $9,000 from independent parties for the relocation of the tank. Both parties rejected that solution as too expensive, and Ms. Rocha continued to express a hesitancy to relocate the tank under any circumstance because of what it might do to the operation of her well and pump system.