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Minutes 63-12-09MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD December 9~ 1963 The City Council of the City of Cypress held a regular meeting on December 9, 1963, in the City Council Chambers, 9471 South Walker Street, Cypress~ 7:30 P.M.~ Mayor Frank P. Noe presiding. PRESENT: Gordon, Gorzeman, Van Dyke, Wrights and Noe ABSENT: None Also present were City Manager/City Clerk Dartell Essex; City Attorney H. Rodget Howell; Public Works Director Harold Neu; Secretary of the Planning Commission Darrell Dalton; Building Superintendent John McGettrick; and Police Chief O. C. Foster. MINUTES: It was moved by Councilman Van Dyke~ seconded by Councilman Gordon, and unanimously carried, to approve the December 2, 1963~ minutes with the following correction on Page 13 under EXCAVATION PERMIT FOR SOUTHERN CALIFORNIA WATER COMPANY FOR TRACT 4966: It was moved by Councilman Gordon, seconded by Councilman Gorzeman (rather than Councilman Wright)~ and unanimously carried, to grant an excavation permit to the Southern California Water Company.. . ORAL COMMUNICATIONS: There were no oral communications at this time. CONTINUATION OF PUBLIC HEARING RE: APPEAL ON CONDITION OF TENTATIVE TRACT MAP NO. 4994; LARWIN COMPANY: The Mayor announced this was the time and place for the continuation of the public hearing to consider an appeal initiated by the Larwln Company, 8670 Wilshire Boulevard, Beverly Hills, California, on Tentative Tract Map No. 4994, with specific reference to the condition which reads as follows: "Water shall be provided by the City of Cypress." The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the appeal. Mr. Alex D. Fred, Attorney for the Larwin Company, addressed the Cauncil concerning this ~peal. Mr, Fred presented to the Council the following documents for use in consideration of this appeal. 1. A photocopy of an agreement dated August 3, 1960~ between the Southern California Water Company and Standard Development Corporation (LaPwin Company), for Southern California Water Company to render service to the Standard Development Corporation in certain areas of the City. 2. A photocopy of a letter dated December 6m 1962m supplementing the agreement between the Southern California Water Company and Standard Development Corporation Of August 3, 1960m to include the area involved in Tentative Tract No. 4994. 3. A certified copy of Orange County Ordinance No. 767, which is a franchise granted to Southern California Water Company by Orange County for the area involved in Tentative Tract No. ~994, Mr. Fred further stated that he would like stipulated the fact that on June 2~ 1963~ the Cypress City Council adopted Ordinance No. 178, which related to the formation of a Water Deparfment in the City of Cypress. He also requested a stipulation that the City's Subdivision Ordinance, as amended on July 22~ 1963, Section 3-05 regardin~ water supply states that Water shall be provided from an aDproved source. He stated that at the time the subject condition was imposed on Tentative December 9, 1963 Tract No. 4994~ the City had no existing supply of water and no means of selling water to the subdividers, Mr. Fred Stated that Southern California Water Company is an existing franchlsed public utility that has a certificate of necessity and convenience granted to it by the Public Utilities Commission which covers the area within Tentative Tract No. ~99~. He also requested that a letter addressed to the City Council dated October 28, 1963~ fpon] the Vice President of the LaPwin Company, be made a part of the record concerning this apDeal. Mr. Fred stated that the precise appeal is not with respect to whether or not the City can impose a condition of obtaining water, as the City Ordinance requires that water shall be provided fr(~n an approved source. The Lapwin Company requests that the condition be modified to acknowledge the Southern California Water Company as an approved source of water. There being no written communications and no oral protests, the Mayor declared the public hearing closed. Upon the request of Councilman Gorzeman, the City Manager read in full the letter from Mr, Lee Goldin~ Vice President of the LaPwin Company, dated October 28, 1963~ addressed to the City Council~ appealing the condition on Tentative Tract Map No. ~99~ which reads "Water shall be provided by the City of Cypress." After this letter was read by the City Manager, Mr. Alex D. Fred requested that the tract number referred to in this communication be corrected from ~9B~ to ~99B. Councilman Van Dyke inquired of the City Attorney concerning the possibility of the City stopping all subdivision activity in the City of Cypress pending the results of the bond election on the water situation. The City Attorney stated that the legality of such a moratorium would probably be based on whether or not an election was pending in a reasonable period of time. He further requested that he be allowed to investigate the possibility of such a moratorium. It was moved by Councilman Gordon, seconded by Councilman Wright, and unanimously carried, to continue the appeal on the water condition of Tentative Tract Map No, 4994 until the regular City Council meeting of December 23, 1963, The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None It was further moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried, to instruct the City Attorney to investigate the legality of the City Council declaring a moratorium on subdivision activities for those developers protesting City water service, pending the results of the bond election on the water situation. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke~ Wright and Noe None None Mr. Carl de Pietro, 10301 Sande Street~ Cypress, addressed the Council concerning ~he effect such a moratorium would have upon industrial development in the City, Mr. John Kennedy, 10002 St, Vincent Circle, Cypress, addressed the Council, inquiring concerning the length of time which would be considered "reasonable" with reference to the date of the bond election and the possible moratorium. The City Attorney advised Mr, Kennedy that between 60 and 120 days would probably be considered as a reasonable period of time. December 9, 1963 443 PUBLIC HEARING RE: AMENDMENTS TO THE ZONING ORDINANCE: The Mayor 'announced this was t[~' time and place for the Public Hearing to consider proposed amendments to the Zoning Ordinance No. 90 of the City of Cypress. The City Manager reviewed the recommendations which will amend the following sections of this ordinance: 1. PART 10.A: Establish Commercial Office Zone (C-O). PART 10, Section 110.2: Added an additional use in the R-4 Zone. 3. PART 17~ Section 117.1: Amend~ providing for City Council approval of PD Zone Conditional Use Permits. 4. PART 19: Amend Section 119.1 regarding Building Setback Lines. 5. PART 21: Amend Section 121.1 and 121.2 regarding Off-Street Parking Requirements. 6. PART 25: Add Section 125.20 regarding Animals; Add Section 125.21 regarding Christmas Tree Sales. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed amendments to the Zoning Ordinance. There being no written communications and no oral protests, the Mayor declared the public hearing closed. Discussion was held concerning the proposed Commercial Office Zone, with specific reference to the minimum lot size. It was moved by Councilman Gordon, seconded by Councilman Gorzeman~ and unanimously carried~ the following Ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF TNE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE. The following roll call vote was mken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon~ Gorzeman~ Van Dyke~ Wright and Noe None None It was moved by Councilman Gordon, seconded by Councilman Gorzeman and unanimously carried, this Ordinance pass its first reading by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman~ Van Dyke, Wright and Noe None None PUBLIC HEARING RE: AMENDMENTS TO THE SUBDIVISION ORDINANCE: The Mayor announced this was the time and place for the public hearing to consider proposed amendments to the Subdivision Ordinance No. 77 of the City of Cypress. The City Manager reviewed the recommendations which will amend the following sections of this Ordinance: 1. ARTICLE II, Section 2-16 re: Minor Streets: Delete completely. 2. ARTICLE III, Section 3-02 re: Streets and Highways: Delete b-6 and Amend b-3 and b-7. 3. ARTICLE III, Section 3-03 re: General Requirements: Amend Section 3-03. 4. ARTICLE V, Section 5-17 re: Improvement Plans and Profiles 5. ARTICLE V, Section 5-18 re: Dedication and Improvements: Delete d-2, d-3 and f and amend e and ~. December 9, 1963 6, ARTICLE V, Section 5-20 re: Processing of Record Map by City 7. ARTICLE VI, Section 6-01 re: Improvements Required 8. ARTICLE VI, Section 6-02 re: Filing of Map 9. ARTICLE VI, Section 6-03 re: Approval of Maps: Amend a-5, a-6 and b. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed amendments to the Subdivision Ordinance. Mr. Lee Goldln~ representing the LaPwin Company, asked if copies of these amendments were available. The City Manager advised Mr. Goldin that such have been available at the City Hall. There being no written communications and no oral protests, the Mayor declared the public hearing closed. It was moved by Councilman Gorzeman, seconded by Councilman Wrlght~ and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF ~{E CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 77, THE SUBDIVISION ORDINANCE. It was moved by Councilman GordDn~ seconded by Councilman Wright,~and unanimously carried, this Ordinance pass its first reading, by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None COMMUNICATION FROM VOORHEIS-TRINDLE-NELSON~ INC. RE: FENCING REQUIREMENT ON TENTATIVE TRACT MAP NO. ~421: The City Manager presented a cmmmunication dated November 22, 1963~ from Robert J. Gulino~ of Voorheis-Trlndle-Nelson, Inc., representative of Coordinated Service, regarding the fencing condition on Tentative Tract No. 4421. The communication requests that the City Council approve the construction of a chain link fence in lieu of a block wall fence along the rear property lines adjacent to the railroad right-of-way. The City Manager stated that the Staff recommends that the block wall requirement remain as a condition on the Tract map. Mr, Bachelor~ representing Voorheis-Trindle-Nelson, Inc. addressed the Council concerning the ~quest for the chain link fence rather than the block wall, Considerable discussion was held concerning the relative merits of either type of fence, with particular reference to the safety of children since a flood control channel is located along the rear property lines of this tract. Mr. James Gossett, le361 Sands Street, Cypress, addressed the Council, asking that the position of the homeowner be considered. It was moved by Councilman Gorzeman, seconded by Councilman Wright and carried, to deny the request of Voorheis-Trindle-Nelson, Inc. to substitute a chain link fence for a block wall fence along the rear property lines of Tentative Tract Map No. 4421. The following roll call vote was taken: AYES: 4 COUNCILMEN: Gorzeman, Van Dyke, Wright and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED:i COUNCILMEN: Gordon December 9, 1963 COMMUNICATION FROM MARCH OF DIMES RE: PROCLAMATION OF JANUARY AS "MARCH OF DIMES MONTH": The City Manager presented a communication dated December 6, 1963, from the Orange County Chapter of the March of Dimes, requesting that the Mayor proclaim the month~f January as "March of Dimes Month". It was moved by Councilman Van Dyke, seconded by Councilman Wright and unanlmous~y carried, to grant the request of the March of Dimes~ whereupon Mayor Noe proclaimed the month of January as "March of Dimes Month". COMMUNICATION FROM CYPRESS SCHOOL DISTRICT REQUESTING WAIVER OF FEES F'OR CONDITIONAL USE PERMIT: The City Manager presented a communication dated December 5~ 1953 frc~ the Cypress School District, requesting waiver of fees for a conditional use permit required for the Juliet Morris School. It was moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried, to waive the fees for the Conditional Use Permit applied for by the Cypress School District for the Juliet Morris School. The following Poll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Corzeman, Van Dyke, Wright and Noe None None COMMUNICATION FROM MRS. J. H. CALDWELL RE: EXCHANGE OF TIDELANDS FOR INLAND FROFkRT~':'A com~'unication dated December 4, 1963, addressed to the Mayor from Mrs. J. H. Caldwell, 223 Evening Canyon Road~ Corona del Mar, California was presented concerning the possibility of the Orange County Board of Supervisors authorizing a land trade promoted by the Irvine Company. The exchange of property consists of trading acreage in the "back bay" area of Newport Harbor for publicly owned tidelands. Mrs. Caldwell suggested that protests be registered at a public hearing held by the Orange County Board of Supervisors at 2:00 P. M. on December 18, 1963. Mayor Noe requested that a copy of this cc~muntcatlon be forwarded to the Cypress Chamber of Commerce. It was moved by Councilman Gorzeman, seconded by Councilman Van Dyke, and unanimously carried, this communication be received and ftled~ and a copy be sent to the Cypress Chamber of Commerce. It was further moved by Councilman Gordon, seconded by Councilman Gorzeman, and unanimously carried, that a representative of the City of Cypress attend the public hearing held by the Orange County Board of Supervisors on December 18, 1963, at 2:00 P. M. ZONE CHANGE Z-92; LARWIN COMPANY: The City Manager stated that Zone Change f-9'2 had been continued at the last meeting of the City Counofl. This request would change the zone from R-1 (Residential One Family) to C-1 (Neighborhood Stores) that property generally located on the southeast corner of Moody Street and Ball Road~ as requested by LaPwin Company~ 8670 Wilshlre Boulevard, Beverly Hills, California. Councilman Gorzeman stated that he is opposed to having commercial zoning on each corner of Moody and Ball. It was moved by Councilman Van Dyke, seconded by Councilman Wright, and carried~ to read an Ordinance granting Zone Change Z-92 by title only. The following roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Van Dyke, Wrtght and Noe Gorzeman None City Attorney Howell advised the Council that a unanimous Council Vote is required to read an ordinance by title only. December 9, 1964 446 After discussion, Councilman Gorzeman stated that he would change his vote to an "aye" vote. The City Attorney suggested that the roll be called once again on the motion to read by title only an Ordinance granting Zone Change No. Z-g2. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMAN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None The following Ordinance was read by title only: ORDINANCE N0. 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 WITHIN THE CITY FROM R-1 (RESIDENTIAL ONE FAMILY) TO C-1 (NEIGHBORHOOD STORES) ZONE CHANGE NO. Z-92 (LARWIN COMPANY). It was moved by Councilman Gorzeman, seconded by Councilman Gordon, this Ordinance not pass its first reading. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon and Gorzeman Van Dyke, Wright and Noe None Councilman Gorzeman requested that the City Council consider the f~ct that the company applying for this Zone Change has not built any of the shopping centers for which they have previously been ~ranted commercial zoning. Councilman Van Dyke requested a representative of the Larwln Company to comment on why this Company has not constructed the shopping centers previously granted commercial zoning. Mr. Lee Goldin, Vice President of the Larwln Company, addressed the Council concerning the proposed shopping centers to be developed by ~e Larwin Company, stating that they are in negotiations for two of the centers at the present time. Mr. Goldin also stated that he would like to go on record in support of Zone Change No. Z-95, which is for commercial zoning at the northeast corner of Ball and Moody. He emphasized that the two requested centers will not be cc~peti~ive. After discussion, it was moved by Councilman Wright, seconded by Councilman Van Dyke, and carried, the above ordinance pass its first reading. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Van Dyke, Wright and Nee Gordon and Gorzeman None ZONE CHANGE NO. Z-95| WELLSDALE HOMES INC.: The City Manager stated ~'h'at a'~ the last City Council' meeting, this Zone Change No. Z-95 w~s referred back to the Planning Commission for report, and stated that the Planning Commission, at its meeting of December 5, 1963, recommended approval of Zone Change No. Z-95. Councilman Gorzeman inquired as to the different uses permitted in a C-2 zone as compared with a C-1 zone. The Secretary of the Planning Commission reviewed the uses permitted on a C-2 zone that are not permitted in a C-1 zone. Mr. Richard Owen, representing the applicant, addressed the Council concerning the shoppins center proposed for this location if the zone change is granted. December 9, 1968 After discussion, it was moved by Councilman Van Dyke, seconded by Councilman Wrtght~ and carried, the following Ordinance be adopted, title as follows: ORDINANCE NO. 188 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 WITHIN THE CITY FROM R-1 (RESIDENTIAL ONE FAMILY) TO C-2 (GENERAL COMMERCIAL) ZONE CHANGE NO. Z-95 (WELLSDALE HOMES, INC.) The following Poll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Van Dyke~ Wright and Noe Gorzeman None TE_NTATIVE TRACT MAP NO. 5072! R.H. GRANT AND COMPANY: Tentative Tract Map NO. bo'/2, 'l'oceted north of Orange between Denni and Bloomfield, as requested by R. H. Grant and Company, P. O. Box 2067, Anaheim, California, was presented. The Secretary of the Planning Commission reviewed the recommendation of the Plannin~ Commission on this tentative tract map. Mr. Richard Owen, representing the R. H. Grant Company, stated that of the conditions recommended are acceptable to this company. After discussion, it was moved by Councilman Gorzeman~ seconded by Councilman Van Dyke~ and unanimously carried, to approve Tentative Tract Map No. 5072 subject to the following conditions: A 10' pedestrian access should be provided through "D" Circle. This access should have a 6' block call on each side and be concreted. All cul-de-saes shall be no less than 54'~ and contain a 50' radius at the terminus of the cul-de-secs. Note ~2 shall be changed to read "Minimum frontage--- 60' at a 20' setback on cul-de-sac or knuwkles." Water shall be provided by the City of Cypress· A six foot block wall fence shall be installed on the north~ east and west boundary of the tract and all lots backing or siding on Orange Avenue. All block walls shall be constructed at the time of development of the tract unless an R-1 development is under construction on adjacent property at the same time. A temporary channel traversing private property downstream must be provided to carry runoff from a ten year storm over this tract and the contributing areas on the north to a sump area between Carbon Creek Channel and Ball Road· The channel shall be dest~ned to remove this flow by gravity under maximum water surface elevation 28° in the sump area with maximum head loss of two feet from O~ange Avenue to the sumn. Permanent drainage facilities will be constructed later to conform to the Ctty's Master Plan of Drainage. 7. Master Plan of Drainage fees shall be paid. The following Poll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Nee None None REQUEST FOR ARTERIAL HIGHWAY FINANCING PROJECTS: A report dated December 6, '~9'63, was presented from the City Manager concerning the Arterial December 9, 1963 Highway Financing Program of Orange County. The report outlined the recom- mendations of the City Manager and Public Works Director concerning the pro~ects which may be eligible for the 1964-65 Arterial Highway Financing Program. The recommendations were for the following improvements: 1. Improvement and signalfzatlon of the intersection of Valley View and Cerritos Avenue. 2. Traffic signalization of the intersection of Ball Road and Walker Street. 3. Traffic signalization of the intersection of Ball Road and Valley View. The City Manager requested that the City Council make suggestions for any other recommended improvements, whereupon Councilman WriRht suggested widening and improvement of the bridge on Ball Road between Valley View and Walker. Further discussion was held concerning the need for traffic signals at various tersections of the City and the possibility of installing temporary over-han~ type signals until such time as permanent signals can be installed. The City Manager suggested this matter be considered after the Arterial NiRhway FinancinR Program project priorities are determined by the County. After discussion~ it was moved by Councilman Van Dyke, seconded by Council- man Wrlght~ and unanimously carried, to adopt the following Resolution, title as follows: RESOLUTION NO. ~23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF THE INTERSECTION OF VALLEY VIEW STREET AND CERRITOS AVENUE. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon~ Gorzeman. Van Dyke~ Wright and Noe None None It was moved by Councilman Van Dyke, seconded by Councilman Wright, and unanimously carried, to adopt the following Resolution~ title as follows: RESOLUTION NO. 424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF THE INTERSECTION OF BALL ROAD AND WALKER STREET. The followingroll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Corzeman, Van Dyke~ Wright and Noe None None It was moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried to adopt the following Resolution, title as follows: RESOLUTION NO. 425 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCIN~ PROGRAM THE DEVELOPMENT OF THE INTERSECTION OF VALLEY VIEW STREET AND BALL ROAD. The following Poll call vote was taken: AYES: 5 COUNCILMEN: Gordon, ~orzeman, Van Dyke, Wright and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None December 9~ 1963 44 } It was moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carrled~ to adopt the following Resolution, title as follows: RESOLUTION NO. 426 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF BALL ROAD STREET. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None ABANDONMENT OF ALLEYS EAST OF WALKER STREET BETWEEN NEWMAN AND LINCOLN: A report dated December 61 1953 was presented from the City Manager stating that a study by the Public Works Director has revealed that two alleys east of Walker between Newman and Lincoln do not physically exist. One of the alleys is located between Bishop and Camp Streets running in an east-west direction for a distance of approximately 860 feet and the second alley is located between Newman and Nelson Streets and runs in an east-west direction commencing on the east side of Graham Street for a distance of approximately 150 feet. It was moved by Councilman Gordon, seconded by Councilman Gorzeman, and carried, to authorize the City Attorney to prepare the necessary legal documents for the abandonment of the two alleys outlined above, The following roll call vote was taken: AYES: 4 COUNCILMEN: Gordon, Gorzeman, Van Dyke and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Wright SECOND READING ORDINANCE RE: ZONE CHANGE Z-93: It was moved by Councilman Gordon, seconded by Councilman Gorzeman, and unanimously carriedl the following Ordinance be adopted, title as follows: ORDINANCE NO. 189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF CERTAIN PARCELS OF LAND WITHIN THE CITY FROM R-1 (RESIDENTIAL ONE FAMILY) TO CEM (CEMETERY); FROM R-1 TO R-4 (HIGH DENSITY MULTIPLE FAMILY); FROM R-4 TO ~-~ (GENERAL COMMERCIAL ZONE); FROM C-1 (NEIGHBORHOOD STORES) TO C-2; AND FROM R-1 TO C-2, ZONE CHANGE NOo Z-93 (CITY OF CYPRESS). The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 8000 THRU 8035 (PAYROLL): It was moved by Councilman Wright, seconded by Councilman/Gorzeman, and unanimously carried, the following Resolution be adopted~ title as follows: RESOLUTION NO. 427 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS0 8000 THRU 8035, The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None December 9, 1963 RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 8036 THRU 8105 (COMMERCIAL WARRANTS): It was moved by COuncilman Gorzeman, seconded by Councilman ~'~and unanimously carried, the following Resolution be adoptedm title as follows: RESOLUTION NO. 428 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS, 8036 THRU 8105 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None ORAL COMMUNICATIONS: Mr, Eugene Kountz, representing the Twaits-Wittenberg Company, addressed the Council concerning Tract 4398, He read in full a letter from the Twalts-Wittenberg Company dated December 5, 1963, addressed to Mr, Dartell Essex, City Manager, The letter was a proposal from the Twaits-Wittenberg Company to resolve the present problems over water lines and service for Tract No, 4398, The proposal indicated the willingness of Twaits-Wittenberg to give the coat of the water system, for the 25-1ot portion of Tract 4398 (originally Tentative Tract No. 4898), to the City and thereby save the taxpayers the future expense when the balance of the system is acquired through purchase or condemnation. After discussion, it was moved by Councilman Van Dyke~ seconded by Councilman Gordon, and unanimously carried, to instruct the City Attorney and City Manager to review the proposal of the Twaits-Wittenberg Company and prepare the required agreement for consideration at the City Council meeting of December 23, 1983, The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke~ Wright and Noe None None Mr. Kountz also stated that the Twalts-Wittenberg Company is very anxious to begin construction on the storm drain facilities required for Drainage District 2-A in Tract 4398, and that they are awaiting an easement deed from Texaco, Inc, which must be accepted by the City prior to construction, Mr. Kountz requested that the Twaits-Wittenberg Company be allowed to begin construction immediately upon receipt of this easement, It was moved by Councilman Gorzeman~ seconded by Councilman Gordon, and unanimously car~ied~ to authorize the City Manager and City Attorney to accept this deed on behalf of the City~ theseby allowing the Twalts-Wittenberg Company to begin construction of the storm dPaln facilities immediately upon said acceptance, The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman~ Van Dyke, Wright and Noe None None Mr, Lloyd Nunnenkamp, District Superintendent of the Southern California Water Company, addressed the Council concerning a letter he had addressed to the City Council dated December 9, 1963, requestin~ approval of an excavation perTnit to install water mains and service in Tract 4966, December 9, 1963 The City Manager stated that the City Attorney has not had an opportunity to review this request and recommended that no action be taken on this matter at this time. ADJOURNMENT: There being no further business to come before the City Council~ the Mayer declared the meeting adjourned at the hour of 9:37 P,M, MAYOR ATTEST: December 9, 1963