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70R-217 RESOLUTION NO. 70R-216 A RESOLUT]ON OF TIill CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 1159. WHEREAS, the City Planning Commission of the City of Anaheim did receive a request for a conditional use permit from ANDREW'S BURGERS, a partnership, as agent for HAZEL R. EPKENS, owner, 315l Teranim~r Drive, Anaheim, California, to establish a walk-up restaurant with outdoor patio, on R-l (Residential Family Zone) on the following described property: Lot 1 of Tract No. 1940, in the City of Anaheim, as shown on a map thereof recorded in book 82, pages 8, 9 and 10, Miscellaneous Maps, records of said Orange County. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said request on I1arch 23I1d and May 4th, 1970, at the request of City Council for further study, notices of which said public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEP~AS, said Commission, after due inspection, inves- tigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC 70-47 denying Conditional Use Permit No. 1159; and WHEREAS, thereafter, within twenty-two days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in denying said conditional use permit and did thereupon fix the 21st day of April, 1970, and continued to the 5th day of May, 1970, for decision, as the time and the Council Chamber in the City Hall of the City of Anaheim as the place for a public hearing upon said conditional use permit, and notices of such public hearing were duly given as required by law and the provisions of 'l'itle 18, Chapter 18.76 of the Anaheim _I\unicipal Code; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council does find, after careful consideration of the recommendations of the City Planning Commis- sion and all evidence and reports offered at said hearing, that Conditional Use Permit No. 1159 should be denied. NOW, THER~FORE, BE IT RESOLVED by the City Council of the City of lillaheim that the action of the City Planning Commis- sion denying Conditional Use Permit No. 1159 be, and the same is hereby sustained, and that the request of Andrew's Burgers as agent for Hazel R. Epkens to establish a walk-up restaurant with outdoor patio is denied. -1- ;- this THE FOREGOING RESOLUTION is approved and signed by me 5th day of May , 19.1.!L- '~, ATTEST: i k . "-~' /Q.-d? MAYt'R. OF THE ! ~, C~~F JiE1f!~ , (--1 - , l,'J. .._ ),r-. ~~~ ~ CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORAN GE ) s s . CITY OF ANAHEIM ) do hereby adopted at day of thereof: I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, certify that the foregoing resolution was passed and a regular meeting of the City Council held on the 5th May , 19 70 , by the following vote of the members AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton . COUNCILMEN: None NOES: ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 5th day of May , 19~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of Hay , 19 7 0 . ~ . " ') 'i---;-. . CIT . CLE';;:r6F.!~L~T'Y"oF' ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-216 duly passed and adopted by the Anaheim City Council on May 5, 1970. 1.~ )r )~,.~,.--' , City Clerk -2- FAL/ms-6-22-70 RESOLUTION NO. 70R- 217 -. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVEMENT OF HARBOR BOULEVARD, FROM LINCOLN AVENUE TO CHESTNUT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 59lB. WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on April 16th and A ril 23 , 1970 a notice ~nv~t~ng sealed proposals for furn~sh~ng the fo owing: All plant, labor, services; materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The improvement of Harbor Boulevard, from Lincoln Avenue to Chestnut Street, in the City of Anaheim, consisting of excavation; concrete removal: con- struction of asphalt concrete over aggregate base and variable thickness asphalt concrete; construction of P.C.C. curb and gutter, curb, sidewalk, driveways and alley approaches: relocation of a traffic signal; and all appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 59lB. in accordance with the design, plans, profiles and specifica- tions of said public improvement on file in the Office of the City Clerk of the City of Anaheim: and WHEREAS, said notice inviting sealed proposals for said public improvement did provide that sealed proposals would be received by the City of Anaheim at the Office of the City Clerk of the City of Anaheim up to the hour of 2:00 o'clock P.M. on the 30th day of Apr il , 19 70 , for the furnishing of all plant, labor, services, materials-anQ equipment, all utili- ties and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, the public improvement hereinabove more -1- particularly mentioned and described, and which notice did state and declare that pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had as- certained the prevailing rate of wages in the locality in which this type of labor is to be performed for each craft or type of workman or mechanic needed to execute the contract, and which wage scale is on file in the Offices of the City Clerk and City Engineer. WHEREAS, the City Clerk of the City of Anaheim did receive the following sealed proposals prior to 2:00 o'clock P.M. on the _ 30th_ day of _..April , 19 -2.0..._, in response to the notice aforesaid inviting sealed proposals, to wit: NAME TOTAL PRICE Patco Construction $ 9,556.84 Sully-Miller Contracting Company 10,538.10 Handley Construction Corp. 11,168.15 H. J. Noble Company 11,872.60 Universal Asphalt Co., Inc. 12,082.32 AND WHEREAS, the City Engineer did thereupon examine and tabulate said sealed proposals and did report to the City Council the result of his examination and tabulation; and WHEREAS, the City Council finds that the sealed pro- posal submitted by _ PATCO CONSTRUCTION, 502 Jasmine, Corona _Del ~ar, California J2625 is the lowest responsible proposal submitted for the furnishing of all plant, labor, services, materials and equipment, all utilities and transportation, including power, fuel and water and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove mentioned and described, together with the appurte- nances thereto, and as specified in the notice inviting sealed proposals, and that said proposal of said above-named bidder should be accepted and a contract awarded to said bidder in accordance therewith; and WHEREAS, the City Council finds that the above-mentioned sealed proposal is the lowest responsible proposal received and that the person, firm or corporation submitting said proposal is a responsible person, firm or corporation and that the proposal submitted is the best suited and fitted for the public improve- ment to be constructed. -2- necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim and the notice inviting sealed proposals, the public works and improvement hereinabove more particularly men- tioned and described, together with the appurtenances thereto, be, and the same is hereby, accepted, and that a contract for the construction and completion of said public improvement be, and the same is hereby, awarded to the said above-named bidder. AND BE IT FURTHER RESOLVED that the successful bidder or bidders upon each contract awarded as hereinabove set forth, shall be, and they are hereby required to execute a contract in the required form with the City of Anaheim upon the terms and conditions specified in the notice inviting sealed proposals and the proposal submitted by said successful bidder or bidders and in accordance with the plans and specifications for said public improvement hereinabove described, and in accordance with the terms, conditions and provisions of this resolution, and that said successful bidder or bidders to whom each contract is award- ed shall be required to furnish a surety bond in an amount equal to one hundred per cent (100%) of the contract price for all labor, materials and equipment to be furnished and performed, as set forth in the sealed proposal submitted by said bidder for the construction of said public improvement, together with the appurtenances thereto or such portion thereof as is covered by said contract, as security for the faithful performance of said contract and a separate surety bond in an amount equal to one hundred per cent (lOO%) of the construction cost of said public improvement covered by said contract, as security for the pay- ment of all persons performing labor and furnishing material for said project. AND BE IT FURTHER RESOLVED that said successful bidder or bidders be, and they are hereby required to furnish to the City of Anaheim in companies satisfactory to the City of Anaheim, public liability, property damage, compensation, and other in- surance in the amounts and for the purposes as set forth and specified in the notice inviting sealed proposals, and subject to the approval of the City Attorney as to form and SUfficiency. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby, authorized and directed to make, execute and enter into, for and on behalf of the City of Anaheim, a written contract with said successful bidder or bidders for the furnishing of all plant, labor, mate- rials, and equipment and performing all work, as hereinabove more particularly described, for the construction, installation and completion of said public improvement hereinabove described upon the terms and conditions as specified in the notice invit- ing sealed proposals, the detailed design, plans, profiles, drawings and general specificacions and detailed specifications and drawings, and all addenda thereto, and all modifications incorporated therein prior to the date of the opening of bids, on file in the Office of the City Clerk of the City of Anaheim and in strict accordance with the terms, conditions and provi- sions of this resolution, and in accordance with all of the contract documents herein specified. this THE FOREGOING RESOLUTION is approved and signed by me 5th day of Hay , 19 70 t:i fiJ ~a~ CIT OF AHEIM , . -.-/J {>-i. ' i~' MAYOf OF THE i ~ ,./ ATTEST: ~J1.~ CI CLERK oF'" THE CIT OF ANAHEIM -3- STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) ) ss. -, I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-217 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 5th day of May, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 70R-217 on the 5th day of May, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of May, 1970. .M~ hr "Jt_~ TY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-217 duly passed and adopted by the Anaheim City Council on May 5, 1970. 12..._ u ~..~ City Clerk ~C_~'''~'''''''''"''''''_'_'''_'''~'''''___