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4 L^ 5. "If such a person could be employed by the school district, could such a person arrect a person for violation of the signals of the school safety patrol when such violation was committed in his presence ?" Answer: Yes, but his authority to make such an arrect would be limited to the authority of any other private person and would not be derived from his employment as employee of the school district. Section 837 (1) of the Penal Code provides that a private person may arrest another "For a public offense comrrited or attempted in his presence." Section 164.38 of the Education Code provides that any person who disregards any traffic signal or direction given by a member of a school safety patrol shall be guilty of a misdemeanor, and is subject tothe penalties pro- vided by Section 762 of the Vehicle Code. "Public offense ", which is defined by Section 15 of the Penal Code, includes a misdemeanor committed in his presence, under Section 837 (1) of the Penal Code, the affirmative answer to question number 5 would apply to any private person, and the fact that the person under discussion w as an employee of the school district would in no way increase his authority to make such arrest, nor would he be clothed with any additional immunities or charged with any additional liabilities or duties by reason of his employment in making such an arrest. Very truly yours, LOUIS B. DENATTEIS, District Attorney By: Lyle R. Edson, Deputy This was followed by general discussion after which the motion carried. FURTHER REGARDING GILBERT UPHOLSTERY SHOP, 130 CERRITO AVENUE. DISTRICT ATTORNEY REPORT. The report stated that a review of their file showed that the question of the Gilbert's Upholstery Shop being a possible violation of the County Zoning Ordinance arose in early 1951 and inspections, investigations and discussions between this office, the Planning Commission Staff and the Attorneys for the Gilberts were carried on for many months upon promises that the Giblberts would accomplish certain modifications to their physical facilities and their method of doing business which would sett-Cy the home occupation provision in the County Zoning Ordinance. Photgraphs, inspection reports and office notes and summaries are included in our file in this matter. Inasmuch as the matter is closed as far as the County is concerned, because of the annexation to Redwood City having been effected, he had no objection to making the entire file in this office available to your City for its perusual and said file is enclosed herewith. Councilman Britschgi moved that the file be made a part of the record and filed, seconded by Councilman Granger and carried. This•was followed by general discussion and it was decided that the matter would be placed on the agenda for two weeks and would be settled at a study meeting prior to the Council meeting. CITY ENGINEER REGARDING PETITION FOH SANITARY SEWERS UPLAND ROAD, HIGHLANDS TERRITORY NO. 4. It is the understanding of the Engineering Department, b ased upon conditions required for improvements in Highlands Territory No. 1 and 2, that water mains must be constructed at the sane time as a part of the assessment district. The property 1 owners in the undedicated portion of Upland Road, now petitioning for sewers, are served by a very old 2 -inch wrought iron water line installed by the original developer of the Johnson Tract, which extends along Upland Road and connects with another very old 4- inch wrought iron water main near the Latter Day Saints Church on Cordilleras Road. Due to the fact that this is a very old, deteriorated, and inadequate main, he feels that the entire main to Cordilleras Road should be reconstructed at such time as the remainder of Upland Road becomes annexed to the City. For the present, the portion of this main, fronting on the property now being annexed, should be constructed at the same time as the sewer, which will result in almost double the assessment for sewers only.