8/2/1976MINUTES OF A
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
August 2, 1976
A special meeting of the City Council was called to order by
Mayor Rose at 7:30 P.M. Monday, August 2, 1976 at the Administration
Building, 2 Portuguese Bend Road, Rolling Hills, California..
ROLL CALL.
PRESENT: Councilmembers Crocker, Pernell, Swanson
Mayor Rose
ABSENT: Councilman Heinsheimer
ALSO PRESENT: Teena Clifton City Manager
William Kinley City Attorney
Dr. Gordon Bernstein Residents
Dan Burke
Mike Burke
Mrs. G. Leeuwenburgh
Mr. & Mrs. E. L. Pearson
Forrest Riegel
Robert Schmitt
APPROVAL OF MINUTES
A motion to approve and accept the minutes of the meeting,of
June 23,.1976 as amended was made by Councilman Crocker, seconded
by Councilwoman Swanson and carried by the following roll call vote:
AYES: Councilmembers Crocker, Pernell, Swanson
Mayor Rose
NOES: None
ABSENT: Councilman Heinsheimer
A motion to approve and accept the minutes of the meeting of.
July 12, 1976 as amended was made by Councilman Crocker, seconded
by Councilwoman Swanson and carried by the following,roll call vote:
AYES: Councilmembers Crocker, Pernell, Swanson
NOES: None
ABSENT: Councilman Heinsheimer
ABSTAINED:' Mayor Rose
FINANCIAL REPORT, COMMUNITY BICENTENNIAL PICNIC 30
Dr. Larry Kelly, 2 Pinto Road, submitted the financial report
for the Community Bicentennial Picnic on July 4, 1976, and advised the
Council that the approximate cost of the activity was $1,.900. Of that
amount, approximately $900 was considered "communal" expense, and in-
cluded tents, toilet facilities, entertainment, etc., totaling.$9.88.42,
paid with funds advanced from the Caballeros treasury, and reimbursed
equally by the Womens' Community Club, Tennis Club and'Caballeros.
In addition the Womens' Club provided the food, and other refreshments
were provided by the Tennis Club and Caballeros. Dr. Kellv reported
there is still a deficit in the.Caballeros treasury of $519.61, and he
requested that the commitment of funds not to exceed $500 approved by
the Council be paid to Caballeros, so their treasury could be reimbursed.-
August 2,-1976
Mayor Rose said his recollection of the commitment by the Council
was $500 "seed money", to be reimbursed after the event if sufficient
money was made to do so; if not, the amount would be written off as a
loss. Dr. Kelly said that after all expenditures were paid, the Womens'
Club made $265, the Tennis Club made $230, and Caballeros made $4.00.
Councilman Crocker said it was not his understanding that the Council
would be expected to reimburse Caballeros $500 for funds advanced from
their treasury, while the Tennis Club and Womens' Club made a profit,
and he said it was a matter of distribution of funds, rather than a
deficit for Caballeros and profit for the other organizations, since it
was a community event.
Dr. Kelly said the Tennis Club and Womens' Community Club feel
that their profit will be returned to the community through other chan-
nels. Further, he said the event was well attended, and many partici-
pants have suggested that it should be an annual event. Dr. Kelly said
Caballeros cannot :afford to sponsor the event from their funds. Council-
man Crocker said he could not ,justify expenditure of $500 by the City
while two clubs which participated realized a combined profit equal to
the City's contribution, and he suggested that if in the future the
event is repeated, the City contribute "seed money" to be reimbursed
from the total profit. Mayor Rose said a contribution of $500 at this
time, in view of the profits realized by the Womens' Club and Tennis
Club, would be an improper gift of City funds. Dr. Kelly said he would
ask the other clubs to reimburse Caballeros for the money advanced.
MEURER ENGINEERING, TRACT 32256 145
In a letter dated July 13, 1976 Mr. Clarke Kugler, Meurer Engin-
eering, requested an additional year in which to record the final map
for Tract 32256, Meurer/Heist.
A motion to approve the request was made by Councilman Crocker,
seconded by Councilman Pernell and carried by the following roll call
vote-
AYES- Councilmembers Crocker, Pernell, Swanson
Mayor Rose
NOES: None
ABSENT- Councilman Heinsheimer
CABALLEROS LETTER RE- EQUESTRIAN CROSSINGS 154
A letter dated June 15, 1976 requesting equestrian crossing
signs at 4 Crest Road East, 5 Caballeros Road and 6 Georgeff Road
was presented to the Council.
Mayor Rose recommended that the matter be referred to the Plan-
ning Commission. Councilman Pernell said that although the City codes
do not permit commercial signs, there is no limitation on the number
of private signs permitted, and as traffic advisory signs, private
residence signs, bus stop signs and road markings indicating traffic
markings and equestrian crossings increase, he wished to request that
the Planning Commission review the matter of signs in the City.
Councilwoman Swanson said the request by caballeros is a matter
of safety, and an equestrian crossing is also needed on Chuckwagon
where there is a blind carve.
Councilman Pernell said the Planning Commission, as an advisory
body of the Council, should review the matter and make recommendations
to the Council.
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August 2, 1976
Forrest Riegel, Chairman of the Planning Commission, said the
study of school bus stops and pedestrian crossings had been referred
to the Planning Commission for review and recommendation, and the
Planning -Commission would, if requested, review the matter of eques-
trian crossings. Councilman Pernell said that Mr. Riegel is also
Trails Chairman for Caballeros, and would have valuable input for
the study. The Mayor ordered that the matter be referred to the
Planning Commission. Councilwoman Swanson asked Mr. Riegel to include
Chuckwagon Road, where the Willow Springs Trail goes through, and Mr.
z Riegel agreed to do so.
ORDINANCE NO. 112 185
Mayor Rose reported that two letters regarding Ordinance No.. 112
were received by the Council. In a letter dated July 20, 1976 Jack
Davidson, President of the Board of Directors of the Rolling Hills
Community Association stated that it is the Board's understanding that
the ordinance was passed for a specific reason at a particular time
pertaining primarily to commercial property, and it is the Board's
unanimous opinion that property.owners should not be routinely subjec-
ted to an additional procedure for a Conditional Use Permit for proper-
ty improvement. A letter dated July 28, 1976 from Forrest Riegel,
Chairman of the Planning Commission, advised that at a special meeting
on July 27 the Planning Commission suggested that the City Council
consider imposing a six-month moratorium by urgency ordinance on tennis
court construction, effective August 15, 1976, and that if possible,
swimming pools and riding rings as accessory uses for single family
residences should be removed from Conditional Use Permit consideration.
Chairman Riegel advised the Council that if they do not wish to
rescind the ordinance immediately, the Planning Commission recommends
a moratorium, as they have no grounds on which to, grant or deny the
request for a conditional use permit, and need guidelines.
The City Attorney reported that he had discussed the ordinance
with residents who were members of the Council when the ordinance was
passed, and they had stated that to the best of their knowledge, their
intent was to enact only the last portion of Section 1, Paragraph 3 (d)
"Organized clubs to carry. out the above recreational uses, provided
that said club facilities :are located more than 150 feet from any
residence in an RA-S,zone", which would cover the tennis club which
operates the City's tennis court. It was not the intent of the Council
that every tennis court, riding ring and swimming pool in the City
would require a conditional use permit. Further, Mr. Kinley said that
imposing a moratorium on construction of tennis courts as :requested_: by
the Planning Commission could be considered discrimination against
certain property owners. Mayor Rose said if the intent of the ordinance
was not to affect private recreational facilities, he would be in favor
of amending the ordinance to exclude them. Councilman Crocker said
there is no ambiguity of intent as the ordinance is written,. as it is
clearly stated that a conditional use permit is required for specific
uses. Further, Councilman Crocker said he would make every effort to
keep the ordinance in effect, since he considers tennis courts a perma-
nent improvement, although interest in the sport can decrease. He cited
the popularity of tennis during the 20's, and the fact that for a period
of some twenty years people lost interest in the sport, and tennis courts
fell into disuse and disrepair. Councilman Crocker said the same thing
could happen again, in spite of the current popularity of tennis. He
stated that he will attempt to keep the ocean side of Rolling Hills,
south of Crest Road, completely free of tennis courts, and said further
that the approval of tennis courts in other parts of the City should be
slowed down, with the Planning Commission looking very carefully at every
application for a conditional use permit as required by Ordinance No. 112.
With regard to swimming pools, Councilman Crocker said they do not de-
tract from the rural character of Rolling Hills, and could be an advan-
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August 2, 1976
tage in emergencies such as.fire and earthquake. Riding rings, although
not as permanent as tennis courts, since they are not paved and can be
returned to a natural state, should also be looked into, he said, since
they can generate dust and gathering of varying numbers of people, re-
sulting in noise.
Councilman,Pernell.said>he.is in favor of retaining the ordinance,
not for;- the _purpose. of banning tennis courts, but to give residents an
opportunity to comment on proposed improvements which might have an ad-
verse impact on their properties, even though in a legal locations In
the past, Councilman Pernell said, there has not been a procedure by
which neighbors were advised of plans for recreational facilities, and
many comments and complaints were received after the fact about increased
traffic, noise and other undesireable effects which were not considered
in the process of approving the plan and issuing a building permit.
Enacting Ordinance No. 112 would provide that all residents who could be
affected would be advised. Councilwoman Swanson agreed that a public
hearing on all such improvements would be desireable, since many of the
tennis courts built without requiring a hearing are eyesores, and de-
tract from the character of the community. In view of two subdivisions
which will soon be developed, Councilwoman Swanson said land use is
extremely important, and in spite of large parcels of land, it would be
undesireable to have a string of tennis courts built along the hillside.
Mayor Rose said he is of the opinion that all property owners have the
right to develop and enjoy their property to the extent that it does not
infringe on the rights of his neighbors. With regard to restricting and
prohibiting construction of_tennis courts on the south side of Crest
Road West. the Mayor said he was not sure that the wish for an unobstruc-
ted view by someone 500 feet from the property would constitute infringe-
ment on the right of that neighbor. Further,if a tennis court can be
built in an unoffensive manner, it can provide other recreational uses
besides tennis, which Mayor Rose cited as an extremely valuable past -
time for people of all ages.
The Mayor asked for a status report on all recreational facilities
constructed without conditional use permits since Ordinance No. 112 was
passed on November 13, 1972° The Manager explained that all staff work
has been completed, and notices would be published and residents notified
so the construction can be approved and validated retroactively, if that
is the Council's wish. ,Councilman Pernell said the Council should take
the necessary steps to rectify the situation with regard to existing
construction built since adoption of the ordinance. Councilman Crocker
said he had discussed the matter with Councilman Heinsheimer, and Coun-
cilman Heinsheimer indicated he thought the ordinance should remain in
effect for at least another six months so the Council could evaluate the
administration of the ordinance by the Planning Commission before deciding
whether or to what extent the ordinance should be modified, with no ex-
ception of swimming pools or riding rings, Councilman Crocker said his
inclination would be to exclude swimming pools. Mayor Rose said it is
his opinion that the entire ordinance should be voided, except as it
pertains to organized clubs. Councilman Pernell said he thinks the
ordinance should stand as it is. Councilwoman Swanson said she agreed
that the ordinance should be kept as it is for a number of months, until
the Planning Commission has had several months to work with it, and until
further notice from the Planning Commission, reporting on their activities
under the ordinance. Steps necessary for an appearance before the Plan-
ning Commission for a Conditional Use Permit, including the need to
compute the total percentages of property developed, were reviewed by
the Manager.
Councilman Crocker suggested that a joint meeting of the City Coun-
cil and Planning Commission be scheduled. Chairman Riegel agreed, and
asked that it be scheduled in September,
Dr. Gordon Bernstein, 1 Ringbit Road West, said he felt that
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August 2,_1976
insufficient information was given to residents, since the agenda sent
to all residents listed Ordinance No. 112 as an agenda item, with no
explanation of what the ordinance was, or why it was on the agenda. He
asked that residents be sent more information and be given an opportunity
to be present at discussions of the ordinance by the Council. He asked,
further, that the ordinance be enforced undiscriminatingly, rather than
selectively, representing the community at large, rather than certain
groups and interests. Dr. Bernstein requested that the question be put
to the people, and Councilman Crocker said he would be willing to handle
the matter in that way.
Edward L. Pearson, 1 Johns Canyon Road, advised that he was a for-
mer Councilman and was Mayor of the City when Ordinance No. 112 was
adopted. The intent of the ordinance when it was adopted, and as sup-
ported by statements of Council members who were contacted within the
past few weeks, Mr. Pearson said, was to give to the City, rather than
deprive the residents of any rights. Through the ordinance the resi-
dents were given an opportunity to have something to say before the
tennis courts were built, and the action was taken in connection with
recreation studies which had taken place. To enforce it on a private
basis takes from the people, and reverses the intent of the ordinance,
Mr. Pearson said. He asked that the Council revise the wording of -the
ordinance to conform to its original intent and eliminate any ambiguity
of intent or application. If the Council wishes to limit building of
tennis courts, Mr. Pearson said new ordinances which specifically re-
quire a public hearing should be adopted. Further, Mr. Pearson said he
had recently attended a meeting of the Planning Commission, and each
case was considered thoroughly and conditions required before approval
was given. To use an ordinance which was adopted for the residents
against the residents would be a mistake, he said, and the property
rights of people are sufficiently important to require a public hearing.
Councilman Pernell said he would like the Council to have a public
hearing on the existing ordinance, and request public input. The
Manager said many residents are currently considering or planning to
build tennis courts, and she urged that the Council not delay.
Mayor Rose set Monday, September 20, 1976 for a Special Meeting
of the Council at La Cresta School for a Public Hearing on Ordinance
No. 112, and he asked that a special newsletter be put out, advising
all residents that not only tennis courts, but all other uses named in
the ordinance (parks, playgrounds, golf courses, swimming pools, tennis
courts, polo fields, horseback riding rings, baseball fields, archery
ranges) and also soccer fields, would be considered. The Manager asked
how to handle cases presented before the date of the public hearing,
and the Mayor said that the ordinance is presently in force, and will
remain in effect until the Council acts on it.
The City Attorney said the public would be better informed if they
were provided with the 6xistIng ordinance, so they could respond to it.
Councilman Crocker asked that a map of the City be prepared and marked
in red to show the existing courts, and in green to show proposed courts,
so the coverall.'_ picture could be seen and the impact studied.
Mr. Michael Burke advised the Council that he is in the process of
purchasing a lot with the full intention of building a tennis court,
F and said he would not proceed with the purchase if a tennis court could
not be built, since the property is on the south side of Crest Road.
ROLLING HILLS TENNIS CLUB
A letter from the Rolling Hills Tennis Club expressing congratu-
lations on the success of the Community Picnic on July 4, and suggesting
that it become an annual event, was received and filed.
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August 2, 1976
BUDGET, FISCAL 1976-77
Councilman Crocker reported that Mr. Lorenzo Do Courtright, 42
Eastfield Drive, had agreed to accept the position of City Treasurer,
vacated by Mr. Douglas Rogers, who is moving out of the State. Mr.
Courtright is a senior partner in Ernst and Ernst, and will meet with
the Budget Committee on Friday, August 6. Councilman Crocker also
asked that $500 be included in the 1976-77 Fiscal Year Budget for
community activities such as a community picnic next year. The budget
was held on the agenda until after the meeting of the Budget Committee.
LEAGUE OF CALIFORNIA CITIES 805
The Manager reported that information regarding the League of
California Cities Annual Conference in San Diego October 17 to 20
has been sent to all members of the Council. Councilwoman Swanson,
the City Attorney and the City Manager said they plan to attend, and
the Mayor said that since there is money in the budget for the con-
ference, approval is not needed.
PUBLIC UTILITIES COMMISSION DECISION NO. 86087 820
Mrs. Clifton reported that the decision on the Public Utilities
Commission's decision on their investigation into the determination
of a lifeline volume of gas and a lifeline quantity of electricity
was sent to Councilman Heinsheimer for review and comment. The
matter was held on the agenda.
PAYMENT OF BILLS 850
Councilman Crocker moved that Demands No. 5499 through 5537 in
the amount of $16,624051 be paid from the General Fund. The motion
was seconded by Councilman Pernell and carried by the following roll
call vote.-
AYES.-
ote°
AYES.- Councilmembers Crocker, Pernell, Swanson
Mayor Rose
NOES.- None
ABSENT.- Councilman Heinsheimer
TRAFFIC AND SPEED CONTROL ON EASTFIELD DRIVE 880
Councilman Crocker asked that a meeting be set up with represent-
atives of the Automobile Club and residents who are interested in the
matter of speed control and speed bumps present. The Manager said she
would put the appropriate notice in the Newsletter.
Councilman Pernell said the Automobile Club had offered to make
the study at no cost to the City and he thought they should be used
on a technical basis, rather than public relations. Mayor Rose said
he thought it would be important for residents to have an opportunity
to transmit their concern directly to the Automobile Club personnel.
Councilman Crocker said public relations is a major function of the
Auto Club, and he thought direct contact with the residents would be
beneficial.
TREES ON CREST ROAD 925
The Manager reported that all the trees on Crest Road have been
watered, and the project will continue in an effort to keep them alive
in spite of drought conditions. Other trees in the City have also
been included in the watering project, Mrs. Clifton said. The Mayor
suggested that residents on Crest Road be asked again to supplement
August 2, 1976
the City's efforts to water the trees. Mayor Rose suggested that the
eucalyptus trees on Portuguese Bend Road in the vicinity of Pine Tree
Lane also be included in the watering programa Mrs. Clifton said those
trees are diseased and the owner is aware of the condition.
SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT 950
Councilwoman Swanson distributed copies of letters and schedules
to be sent to all residents showing the complete bus schedules on the
Peninsula, and said that fares and park and ride facilities have also
been included. The information was sent to the Daily Breeze and Palos
Verdes Newspaper in an effort to get the public more interested in
using the facility, she said. It is possible for students to get to
Peninsula schools using RTD buses, Councilwoman Swanson said.
Mayor Rose said the buses do not accommodate handicapped persons.
The Mayor said a suit has been filed by a public interest law firm in
Philadelphia against UMTA (Urban Mass Transit Authority) on behalf of
handicapped persons and others who cannot use the buses presently in
operation. Other..lawsuits are being prepared throughout the nation,'
and the Mayor said the matter is expected to come toa head in the
near future.
TORRANCE AIRPORT 1030
Councilwoman Swanson reported that she had attended a meeting
of a committee to study noise problems, and to consider input from
pilots, residents and others, and it was an excellent work session.
It was the general opinion that a noise monitoring system should be
implemented., and that a noise ordinance should be established and
enforced by local government, rather than FAA.
RESOLUTION N0. 366 1072
Councilman Crocker moved that Resolution No. 366 entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,
CALIFORNIA ACCEPTING LOT 7 OF TRACT 29383, CITY OF ROLLING HILLS,
CALIFORNIA be adopted, and that reading in full be waived. The
motion was seconded by Councilman Pernell and carried by the follow-
ing roll call vote:
AYES- Councilmembers Crocker, Pernell, Swanson
Mayor Rose
NOES- None
ABSENT- Councilman Heinsheimer
..The City Attorney advised the Council that statements of non -
responsibility had been posted on the property until the matter of
the cost of grading had been resolved with the engineer. Mrs.. Clifton
reported that the engineer, Mr. Roger Meurer, had advised her that the
$9,400 deposited by Mr. Clifton Hix would not be adequate for the
grading; subsequently, after notices of non -responsibility were posted,
Mr. Meurer again advised that the amount posted probably would be
sufficient for the work, which might even cost less than estimated,
RESOLUTION NOo 367
A motion to adopt Resolution No. 367 entitled A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPOINTING A MEMBER TO.
THE CITY SELECTION COMMITTEE OF THE SOUTHERN CALIFORNIA RAPID TRANSIT
DISTRICT, appointing Councilwoman Gordana Swanson to the City Selec-
tion Committee, and to waive reading in full, was made by Mayor Rose,
seconded by Councilman Crocker and carried by the following roll call
vote-
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August 2, 1976
AYES- Councilmembers Crocker, Pernell, Swanson
Mayor Rose
NOES- None
ABSENT- Councilman Heinsheimer
FAIR POLITICAL PRACTICES COMMISSION- CONFLICT OF INTEREST CODE 1200
The City Attorney reported that the Conflict of Interest Code is
beim re -written for the third time, and if possible, he would attend
a meeting in Sacramento on August 5 to consider the revised code.
Under the new regulations the City Treasurer, as well as the Councilmen,
would be required to file a Conflict of Interest Statement, Mr. Kinley
said. Copies of the requirements will be sent to the Council by the
City Attorney.
COUNTY ENGINEER RESOLUTION, TRACT MAP & PARCEL MAP CHECKING AGREEMENT
A one year agreement for tract map and parcel map checking by
the County Engineer or certain of his deputies was presented to the
Council.
RESOLUTION N0. 368
1250
A motion to adopt Resolution No. 368 entitled A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPOINTING THE COUNTY
ENGINEER OF THE COUNTY OF LOS ANGELES AS THE CITY ENGINEER, and to
waive reading in full was made by Councilman Crocker, seconded by
Councilwoman Swanson and carried by the following roll call vote:
AYES: Councilmembers Crocker, Pernell, Swanson
Mayor Rose
NOES- None
ABSENT- Councilman Heinsheimer
COUNTY OF LOS ANGELES BIENNIAL ENGINEERING REPORT 1250
The Biennial Engineering Report for 1974-76 presented by the
Los Angeles County Engineer was received and filed.
BUILDING AND SAFETY DIVISION
1270
The Manager reported that the Building and Safety Division of
the Los. Angeles County Engineer hpa been asked to investigate con-
struction violations, and the report would be presented to the Council
at the next meeting. The Manager recommended that the County Engineer
be asked to advise what Association Building Regulations cannot be
enforced by the County at this time, so the Council can consider
adopting additional ordinances, if necessary.
SOUTH BAY BURGALRY TEAM
1350
The South Bay Burglary Team Monthly Activity Report for June 1976
was received and filed.
OFFICE OF THE SHERIFF, SERVICE LEVELS, 1976-77
A breakdown of current service levels provided by theSheriff was
provided to the Council for information. The correspondence was dis-
cussed, and the Manager was requested to present a clarification of
the statistics for the next meeting.
August 2, 1976
LOS ANGELES COUNTY FIRE DEPARTMENT
The Fire Department Activity Report for May 1976 was received
and filed.
DEPARTMENT OF ANIMAL CONTROL
The Animal Control Department Activity Report for April 1, 1976
through June 30, 1976 was received and filed.
LEAGUE OF WOMEN VOTERS' OBSERVER
Mrs. Ginny Leeuwenburgh, observer for the League of Women Voters,
requested that a package of Council information be provided the obser-
ver prior to Council meetings. A report on Council meetings of the
four cities is filed with the League Commitee, Mrs. Leeuwenburgh
reported. The Council approved the request for a packet of material
similar to that prepared for the press.
MEDICAL INSURANCE
The Manager presented a study of insurance costs prepared by
Cal-Surance, showing that the present plan under Blue Cross for
medical coverage and Phoenix Mutual for $3,000 life insurance, with
a six month uarantee of rates is $47.32 per month, and combined
medical and. 000 life insurance with a 17 month rate could be pro-
vided by Aetna for $hR.30 per month, a difference of 98� per month
per employee. Mrs. Clifton said a meeting with staff indicated that
all participants were willing to change to Aetna, effective August 1,
1976.
Councilman Pernell moved that the recommendation of the City
Manager be accepted, and that the Council approve the change from
Blue Cross/Phoenix Mutual to Aetna. The motion was seconded by
Councilman Crocker and carried by the following roll call vote:
AYES- Councilmen Crocker, Pernell, Mayor Rose
NOES- None
ABSENT- Councilman Heinsheimer
ABSTAINED- Councilwoman Swanson
Councilman Pernell requested that the Personnel Officer of the
Council be asked to attend all personnel -related meetings, and that
the new insurance plan be referred to Councilman Heinsheimer, person-
nel officer of the Council.
PROPOSED ORDINANCE
The City Attorney distributed copies of a proposed ordinance
regarding disturbing the peace, and advised that it was taken directly
from the California Penal Code. The ordinance was held for discussion
at the next meeting.
ADJOURNMENT
There being no further business to come before the Council, the
Mayor adjourned the meeting to -the regular meeting date, August 9.
City Clerk
APPROVED-
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