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CITY COUNCIL MINUTES - March 17, 1976 <br />4�w SPECIAL ORDERS (Cont'd.): <br />2. Request for exemption from subdivision moratorium: LANDS OF LA PERA, <br />APN#175-21-76: <br />Mr. Crowe presented Council with the background of subject property, noting <br />that the Planning Commission recommended approval of the request with <br />the condition that the applicant comply with the future subdivision Ordinances <br />and sign a waiver of the fifty (50) day action period mandated under the <br />State Subdivision Map Act. <br />Councilman Grabowski moved, seconded by Councilwoman Hillestad to grant the <br />request for exemption from the subdivision moratorium, LANDS OF LA PERA, <br />subject to the conditions recommended by the Planning Commission at their <br />meeting of March 10, 1976. Motion carried by the following roll call vote: <br />AYE: Councilmen Brown, Grabowski, Councilwoman Hillestad, Mayor Cheney <br />NO: Councilman Proft <br />ABSENT: 140HE <br />ABSTAIN: NONE <br />3. Request for change in designation of historical point of interest (Juan <br />Prado Mesa Adobe) - Mr. Ray Rossi: <br />At the request of Mayor Cheney, City Attorney Frank Gillio outlined the <br />procedures within the State for designating historical points of interest <br />and historical sites, and the requirements and significance of the respective <br />designations. Mr. Gillio also noted that, regardless of whether the County <br />withdrew their recommendation of this property being designated a historical <br />point of interest, it would have nothing to do with the building site approval <br />for the property or the actions of the City Council in this regard. He <br />thought the Town's position was that it had made the recommendation that the <br />property in question be designated a historical point of interest; the County <br />had made the recommendation; and the State had acted on that. He thought the <br />burden of proof was on the applicant, Mr. Rossi, to show that the Mesa site <br />was not at that location. <br />Mayor Cheney noted that Council should examine the evidence presented fairly <br />so the applicant would not be burdened with unnecessary expenses and costs, <br />but that the burden of proof was upon Mr. Rossi. <br />Mr. Ray Rossi, presented view graphs to Council which showed property lines <br />of the land grants and discussed the original markers and how they appeared. <br />His contention was that, from the evidence he could gather, the Mesa had not <br />been located on the knoll of his property, but on another knoll closer to <br />the creek. <br />After Mr. Rossi's presentation, Councilman Grabowski agreed that there was <br />a voluminous amount of documentation presented, yet he did not feel qualified <br />to respond to Mr. Rossi's contention since he was neither a land surveyer or <br />an engineer. He said he would like to see something presented from some <br />4W impartial person as suggested by the County's Planning Department before <br />making a decision. <br />-5- <br />