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HomeMy WebLinkAboutMinutes 65-12-27MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD December 27, 1965 The Cypress City Council held a regukr meeting on December 27, 1965, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:10 p.m., Mayor Prank P. Noe presiding· PRESENT: Councilmen Gorzeman, McCarney, and Noe ABSENT: Councilmen Kanel and Wright Also present were City Manager/City Clerk Darrell Essex; City Attorney James Ertckson; Administrative Assistant Dartell Dalton; Public Works Direotor Arthur Schatzeder; and Secretary of the Planning Commission George Putnam, MINUTES: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to approve the minutes of the meeting of December 13, 1965, as mailed. ORAL COMMUNICATIONS: There were no oral con~aunications presented at this time, COMMUNICATION FROM URBANUS ASSOCIATES CIVIC CONSULTANTS RE: DIRECT AIRLINE SERVICE FROM ORANGE COUNTY AIRPORT TO SAN FRANCISCO AND SACRAMENTO: The City Manager presented a communication dated December 3, 1965, from Mr. Meno L. Wilhelms, President of Urbanus Associates Civic Consultants, requesting the City Council to adopt a Resolution asking that the Public Utilities Commission grant certification for direct air- line service from the Orange County Airport to San Francisco and Sacramento. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 657 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REQUESTING THAT THE CALIFORNIA PUBLIC UTILITIES COMMISSION GRANT CERTIFICATION FOR DIRECT AIRLINE SERVICE FROM ORANGE COUNTY TO SAN FRANCISCO AND SACRAMENTO. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gorzeman, McCarney, and Noe None Kanel and Wright COMMUNICATION FROM STANDARD OIL COMPANY RE: SEISMIC SURVEY IN THE CITY OF CYPRESS: The City Manager presented a connunication dated November 10, 1965, from Standard Oil Company of California, requesting permission to conduct a seismic survey in the City on the Southern Pacific Railroad right- of-way that lies between Cerritos and Katella from the west City limits to Knott Street. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to grant this request subject to the following conditions: The City Attorney approves the form and amount of liability insurance. That the necessary permits are obtained from the Orange County Fire Warden's Office. That the Chief of Police is informed each day of the activities and the number of survey holes to be excavated. That Standard Oil Company pay a permit fee in the amount of $5.00 per hole to the City of Cypress. December 27, 1965 5i The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gorzeman, McCarney, and Noe None Kanel and Wright COMMUNICATION FROM ORANGE COUNTY MARCH OF DIMES RE: PROCLAMATION OF "MARCH OF DIMES MONTH": The City Manager presented a communication dated December 14, 1965, from Mr. A. R. McKenzie, Chairman of the Orange County March of Dimes, requesting that the Mayor and City Council proclaim the month of January as "March of Dimes Month". It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to grant this request, whereupon Mayor Noe proclaimed the month of January as "March of Dimes Month" in the City of Cypress. COMMUNICATION FROM STUDY DIRECTOR OF LOS ANGELES REGIONAL TRANSPORTATION STUDY RE: CHANGE OF NAME OF ASSOCIATION: The City Manager presented a communication dated December 15, 1965, from Mr. Edward Telford, Study Director of the Los Angeles Regional Transportation Study, notifying the City Council of the change of name of LARTS to the Transportation Associa- tion of Southern California. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF ON-SALE BEER LICENSE AT THE SQUIRREL CAGE: The City Manager presented a communication from the Department of Alcoholic Beverage Control, notifying the City of a transfer of the on-sale beer license at the Squirrel Cage, 4132 Lincoln Avenue, C~ress, to Thomas D. Taylor. Following discussion concerning the development plans of the original owner of the Squirrel Cage, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, this communication be received and filed. CONTINUATION OF CONSIDERATION OF AFTERNOON MEETINGS OF THE CITY COUNCIL: Upon the recommendation of the City Attorney, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to continue consideration concerning the afternoon meetings of the City Council until the City Attorney has further studies and reports prepared. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS, TRACT NO. 5553 (LARWIN COMPANY): A report dated December 21, 1965, was presented from the Public Works Director, recommending acceptance of the improvements for Tract No. 5553, located on the west side of Valley View Street, south of the Pacific Electric Railroad tracks. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to accept the public improvements for Tract No. 5553, and authorize the City Clerk to exonerate the bonds in 90 days following acceptance if no mechanics' liens have been filed. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gorzeman, McCarney, and Noe None Kanel and Wright CONSIDERATION OF TENTATIVE TRACT MAP NO. 5983 (JOHNNY JOHNSON): The City Manager, presented Tentative Tract Map No. 5983, located on the west side of Denni, south of Lincoln, 26.8 acres, 167 single family detached dwellings, with 5-6 acres for commercial use, as requested by 3ohnny Johnson, 8151 Orangethorpe, Buena Park. COUNCILMAN KANEL ARRIVED AT 3:22 P.M. AND TOOK HIS CHAIR ON THE PODIUM. Considerable discussion was held concerning the maintenance and use of the green areas in the proposed tentativeT.tract map, after which it was recom- mended that consideration of this map be continued until the applicant is present at the meeting. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to continue consideration of Tentative Tract Map No. 5983 until the end of the agenda. December 27, 1965 FINAL TRACT MAP NO. 6051 (LARWIN COMPANY): The City Manager presented Final Tract Map No. 6051, located west ~ Denni, south of Ball, north of the Carbon Creek Channel, 9.819 acres, 88 Planned Development lots, plus lots A-F, as requested by the Larwin Company, 9300 Wtlshire Boulevard, Beverly Hills, California. A report dated December 21, 1965, was presented from the Public Works Director, recommending approval of the Final Map subject to the dedication of sewer easements and completion of any corrections on the improvement plans. Following discussion concerning ~he width of Larviu Avenue in the Final Tract Map, it was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to approve FInal Tract Map No. 6051, accept the bonds and agreements for public improvements in the amount of $110,000.00, which is not less than 50% and not more than 100% of the total improvements; authorize the MAyor and City Clerk to sign the Bonds and Agreements; and authorize the City Clerk to sign the record map upon separate dedication of the sewer easements and completion of any corrections required. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright AMENDMENT TO CITY CODE REQUIRING PARKIAND DEDICATION OR FEE FOR PARK AND RECREATION PURPOSES: A report dated December 21, 1965, was presented from the City Manager, outlining a recent amendment by the State Legisla- ture to the Subdivision Map Act, which allows cities to require the ded- ication of land or the payment of fees in lieu thereof, or both, for park and recreation purposes as a condition to the approval of the final subdivision map. Also presented was a proposed Ordinance, providing that a subdivision shall pay $150.00 per lot as a park fee or dedicate an equal amount of land at the option of the City, which will be used to provide a three-acre park for each 700 to 800 families within the neighborhood area of the subdivision. The City Manager recommended that the City Cound adopt the first reading of this Ordinance, and further suggested the possiblity of the City Council adopting an emergency Ordinance concerning the same matter, which would become effective immediately. The City Manager read a communication dated December 23, 1965, from Mr. Lee J. Goldin, Vice President of the Larwin Company, requesting this matter be continued until the first meeting in January so that he could appear in person to suggest certain amendments to the proposed Ordinance. The City Attorney advised the Council that the urgency in adopting the subject Ordinance is due to the State enabling legislation which provides that the Ordinance will not have any effect except on tentative maps submitted 30 days following the effective date of the Ordinance. Mr. Royce Coln, representing the Home Builders Association of Los Angeles, Orange, and Ventura Counties, addressed the Council, stating that the Home Builders Association is opposed to the recent State legislation as they feel it is the confiscation of private property, is ambiguous in its wording, and is discriminatory since it excludes industrial subdivisions. Mrs. Bernice Bro~q~ 1134 West Greendale, West Covina, addressed the Council, reading in full a communication from herself and Mr. Edwin F. Brown, dated December 24, 1965, protesting the amendment to the City Code relating to dedication of park lands or payment of fees therefor. Mrs. Brown also read a communication dated November 9, 1965, from the District Attorney of Contra Costa County concerning the Park Dedication bill. Copies of these communications are on file in the office of the City Clerk. Mrs. Brown further stated that she is having difficulty in selling her property in the City because developers are told that the area is being reserved for park purposes. Discussion was held concerning the proposed fee and the areas in the City planned for parks. In answer to a question from Councilman Gorzeman, Mr. Coln of the Homebuilders Association stated that the only City in Orange County which has adopted a similar Ordinance in Fountain Valley, with a fee of $100 per lot. December 27, 1965 A motion was made by Councilman HcCarney to read by title only the emergency Ordinance amending the City Code to requi~e park land dedication or fees; however, the motion died for lack of a second. Hayor Noe suggested that this matter be considered further at the evening portion of the City Council meeting. RECESS: It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to declare a recess at the hour of 5:08 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Gorzeman, Kanel, McCarney, Wright, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Administrative Assistant Darr~ll Dalton; Public Works Director Arthur Schatzeder; Building Superintendent Thomas Nudson; Secretary of the Planning Commission George Putnam; and Police Chief O. C. Foster. The City Manager reviewed the actions taken by the City Council at the 3:00 p.m. session of the meeting. Brief discussion was held concerning several items acted upon during the afternoon session, with particular reference to the seismic survey to be conducted by Standard Oil Company. It was suggested that Standard Oil Company be requested to notify the residents adjacent to the area to be surveyed. CONTINUATION OR CONSIDERATION OF AMENDMENT T0 THE CITY CODE RE: PARK LAND DEDICATION OR FEE FOR PARK AND RECREATION PURPOSES: The City Manager reviewed the State legislation which allows cities to require the dedica- tion of land or the payment of fees in lieu thereof, for park and recrea- tion purposes as a condition to the approval of the final subdivision map, said matter having been continued from the afternoon session of the City Council meeting. Following discussion concerning the need for parks in the various sections of the City, it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE CITY OF CYPRESS AMENDING SECTIONS 25-23 AND 25-24 OF THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, TO REQUIRE PARK FEES FOR SUBDIVISIONS Discussion ensued concerning the amount of the park fee proposed in the Ordinance. The City Manager explained that the standard is consistent with the Recreation element of the General Plan, previously approved by the City Council. It was moved by Coundlman McCarney and seconded by Councilman Wright, to adopt the Emergency Ordinance to require park fees for subdivisions; however, the motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: McCarney and Wright Gorzeman, Manel, and Noe None Councilman Fanel stated that he would be in favor of the regular Ordinance concerning park fees, and made a motion, which was seconded by Councilman Wright and unanimously carried, to read by title only the following Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 25-23 AND 25-24 OF THE~'CODE OF THE CITY OF CYPRESS, CALIFORNIA, TO REQUIRE PARK FEES FOR SUBDIVISIONS. December 27, 1965 It was moved by Councilman Wright and seconded by Councilman Kanel, to adopt the first reading of this Ordinance; however, prior to voting on this matter, further discussion was held. Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council concerning the fact that the Cypress voters had turned down two recent bond issues for parks. Following discussion concerning the amount of the park fee, the following roll call vote was taken on Councilman Wright's motion to adopt the first reading of this Ordinance: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT~ 0 COUNCILMEN: Kanel, Wright, and Nee Gorzeman and McCarney None Following a brief discussion regarding the advisability of the City forming its own Park and Recreation Department, the City Manager indicated that a report from the staff and City Attorney would be forth-ce~lng regarding this matter. CHARGE FOR STATEMENT OF QUALIFICATIONS FOR CITY COUNCIL CANDIDATES: report dated December 20, 1965, was presented from the City Manager, outlining recent State legislation which permits the Candidates for City Council office to prepare a Statement of Qualifications to be mailed with the sample ballots, and allows the City to charge the candidates for this service. A It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to ~]mStruct the City Clerk to notify each candidate for City Council [hat he will be charged the pro-rata shoe of the printing and handling of the sample ballot if he requests a Statement of Qualifications to be mail&d with the sample ballot. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Nee None None MONTHLY ACTIVITY REPORT FOR NOVEMBER 1965: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the Monthly Activity Report for November 1965 be received and filed. SECOND READING ORDINANCE APPROVING ZONE CHANGE NO. Z-140 (CYPRESS PLANNING COMMISSION): It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title nnly, title as follows: ORDINANCE NO. 297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-2 (TWO-FAMILY RESIDENTIAL) TO R-I (ONE-FAMILY RESIDENTIAL) ZONE CHANGE NO. Z-140 It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, this Ordinance be adopted. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gotroman, Kanel, McCarney, Wright, and Nee None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 13051 THROUGH 13107 (PAYROLL): It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following Resdution be adopted, title as follows: RESOLUTION NO. 658 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 13051 THROUGH 13107 December 27, 1965 The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Eanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None RESOLUTION ALLOWING CLAIMS AND DENANDS NOS. 13108 THROUGH 13130 (COP~4ERCIAL WARRANTS): It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 659 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DE~L~NDS NOS. 13108 THRU 13130 The following roll call vote was taken: AYES: 5 COUNCILliEN: Gorzeman, Kanel, HcCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONTINUATION OF CONSIDERATION OF TENTATIVE TRACT MAP NO. 5983 (JOHNNY JOHNSON): The City Manager presented Tentative Tract Map No. 5983, located on the west side of Denni, south of Lincoln, 26.8 acres, 167 single family detached dwellings, with 5-6 acres for commercial use, as requested by Johnny Johnson, 81510ranBethorpe, Buena Park, said map having been continued from the 3:00 p.m. portion of the meeting. Also presented was a report dated December 20, 1965, from the City Manager, outlining some of the critical areas of concern concerning the propesed subdivision design, with particular reference to the main- tenance and use of the green areas. Mr. Jeff Millet, Engineer representing the developer, addressed the Council, stating that to date it has not been decided how the green area in the tract is ~ be maintained; however, it is the intention that the owners of the homes in the subdivision will ova the green area. In answer to a question from Councilman Gorzeman, the City Attorney indicated that Condition No, 15 recommended by the Planning Commission, with reference to an Agreement being approved by the City concerning the development and maintenance of the green area, would adequately insure the solution to this problem prior to recordatiou of the final tract map. Further discussion was held concerning the desirability of requiring the northern tier of lots to be standard R-1 lots since they have no access to the green area. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and carried, to approve Tentative Tract Map No. 5983, subject to the following conditions: Drainage fees to be paid in accordance with the Master Plan of Drainage. All drainage to be solved to the satisfaction of the City Engineer. Allperipheral streets will have a minimum 40' of paving curb to curb. "H" Street will be 40' curb to curb and a 10' standard parkway shall be provided along the easterly side of "H" Street. "J" Street will be a minimum 40' curb to curb, a minimum 10' parkway provided along the southerly side. "N" Street will be 40' curb to curb, a standard 10' parkway shall be provided along the easterly side of "N" Street. December 27, 1965 "0" Place and "A" Place shall be extended to be through streets, which will be 60' in width with standard parkways and sidewalks. Denni Street will be dedicated and improved as indicated on the plan with a service road, there shall be standard 10' parkway and sidewalk. 9. '~" Street will be a 60' street, 40' curb to curb, and a I0' parkway shall be provided along the northerly side. All other streets in the tract shall be improved as indicated on the tentative tract. Cul-de-sacs shall have 36' of paving curb to curb with a 5' sidewalk adjacent to the curb. 11. Area shall be provided behind the property lines for utilities, street signs, water hydrants, etc., as required by the City Engineer. 2. The Tentative TractTis approved subject to a map labeled "EXhibit A" on file in the City of Cypress Planning Department. 13. All cul-de-sacs shall have a 35' radius at the curb line; side- walks may be eliminated; however, the design of the termination of the sidewalk shall be determined by the City Engineer on the ends of the cul-de-sacs. Prior to the recordation of the final map, complete landscaping and utility plans shall be approved by the City of Cypress· 15. Prior to the recordation of the final map, an agreement shall be submitted to the City, and approved, indicating the manner in which the open green area will be developed and maintained. This agreement shall be acceptable to the City Council in form and content. 16. The elevations and design of the homes shall be in general conformsnee to the plans and elevations indicated on "Exhibit B". 7· Property lines and curb return radii shall meet the standard minimum requirements of a standard subdivision. 18. All corner lots shall be provided access to the green area. 19. Prior to the recordatiou of the final maps, the convenants, conditions, and restrictions shall be approved by the City. Any addition or exterior alteration to the structure shall require a Variance. 1. The subdivider shall provide on each lot a tree of substantial size and of a type which will be approved on the landscaping plans. 22. All streets shall meet the construction standards of the City of Cypress. 23. A Variance will be required for the reduction of yard requirements. 4. Lots 146-157 inclusive, shown on the Tentative Tract Map, shall be brought up to the standard R-1 lots size. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Wright, and Noe Kanel and McCarney None REQUEST FOR CITY PARTICIPATION IN PARADE SPONSORED BY PAL BASEBALL LEAGUE: The City Manager requested permission to discuss City participation in the forth-coming parade to be sponsored by the PAL Baseball League· It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to grant this request. December 27~ 1965 The City Hanager stated that the Director for the January 29th Parade, to be sponsored by the Cypress-Buena Park PAL Baseball League, has requested the City Council to consider the possibtity of the City purchasing the "first-place" trophies to be awarded at the parade, iu the approximate amount of $300.00. The City Manager indicated that funds were available in the City Promotion account of the budget. Following discussion, it was moved by Councilman HcCarney, seconded by Councilman Kanel, and unanimously carried, to authorize the expenditure of $300.00 to aid in the purchase of trophies for the January 29th parade sponsored by the PAL Baseball League. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS~ TRACT NO. 5685 (LARWIN COMPANY): The City Manager requested permission to present a report from the Public Works Director concerning the acceptance of improvements in Tract No. 5685. It was moved by Coundlman Gorzeman, seconded by Coundlman Wright, and unanimously carried, to grant this request. A report dated December 27, 1965, was presented from the Public Works Director, recommending acceptance of the public improvements in Tract No. 5685, located on the south side of Ball Road between Denni and Moody Street, subject to acceptance of the sewer easements and the sewers for maintenance by the Cypress-County Water District and completion of annexation proceedings of the area to the Cypress County Water District. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried to accept the improvemenets for Tract No. 5685 and authorize the City Clerk to release the bonds 90 days following acceptance of the sewer eas~w,~uts' and sewers for maintenance by the Cypress-County Water District and completion of annexation proceedings of the area north of the Carbon Cre~k Channel to the Cypress-County Water District, providing no mechanic's liens have been filed. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ORDINANCE ESTABLISHING SALARIES FOR CITY COUNCILMEN: Councilman Wright requested that the Ordinance establishing salaries for City Councilmen, as authorized in recent State legislation, be placed on the City Council agenda for the next meeting. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to consider the Ordinance establishing salaries for City Councilmen at the January 10, 1966, City Council meeting, and direct the staff to survey other Orange County cities to determine how many cities have adopted similar Ordinances. ORAL COMMUNICATIONS: There were no oral communications presented at this time. ADJOURNMENT: It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the meeting adjourn at 9:24 p.m. MAYOR OF THE CItY(OF CYPRESS ATTEST: CIT~ CLARE v F THE ~TY OF CYPRESS December 27, 1965