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HomeMy WebLinkAboutMin - CC - 1963.08.282 321 Burl ingame, Cal i forn ia August 28, 1963 CALL TO ORDER A Special lleeting of the Burlingame City Council was held on the above given date, all melabers having been previously notified and consenting thereto. The meeting was cal led to order at 7:40 p.m., - l{ayor Johnson in the Chair, PLEOGE OF ALLEG IANCE At word from the Chair, all in the Council Chamber arose and gave the Pledge of Al legiance to the Fla9. ROLL CALL Present - Councilmen: Johnson, George, llartin. Absent - Councilmen: Crosby, Lorenz. Councilman Crosby appeared at the meeting at 7:50 p.m. Councilman Lorenz, absent because of illness, was excused on motion of Councilman l{artin and seconded by Councilran George. PURPOSE OF I.IEETING The Chair announced that the special meeting had been scheduled to consider and to thereafter act upon the fol lowing subjects: l. The awa rd of a contract for the Easton Creek Culvert construction to the lou.est responsible bidder, and To consider a proposed change in Dump 0perators, effective on September l, 1963. COI{TRACT ATARD TO O. C. JONES AND SO{S A I oorest responsible bid received f rom 0. C. Jones and Sons for the construction of Easton Creek Culvert at Eayshore Highway, said project having been approved by the State Division of Highways, was accepted by the City Council and upon,notion of Counci Inran lta rt i n,RESoLUTloil N0. 6q:63 "Awarding Contract for Construction of Easton Creek Culvert at Bayshore Highway, Job No. 63-17, IICS-95'r was introduced for passage seconded by Counci lman George and unanimously adopted upon Roll Call of menbers p resent . 2. OPERATION OF CITY DU',IP The Chair referred to a comunication from the City ilanager, dated August 27, 1963, advising of the opportunity presented by the Skilak 0il Conpany (Keyston Bros., et al) to improve the City's dumping operations and related correspondence from George N. Keyston, President, addressed to l{r. Roneo Joly, the present Dump operator and to the City |lanager, under dates of August 27, 1953, including a proposed plan for the City Dump. ln reply to the Chair, the City l{anager, in considerable detail, described the offer of the Keystons to assume colnplete responsibil ity of the dump by taking over the current contract, by de-watering the area and by providing fill necessary to cover the area; that l,lr. Joly is agreeable to amicably terminating the contract providing the City cancels an obl igation past due in the arnount of $3,500.00 and that the Ski lak 0il Company assumes an indebtedness in the total amount of $33,269.42 due on his t ractor payments. The City l{anager stated that in his opinion the proposal of the Keystons would "effect a mutual ly beneficial change'r and suggested that Council agree, in principle, t ith the plan and that details of a formal agreernent be formulated later. Questioned by the Chair, the City Attorney explained the legal status of the City at this point, advising that under the terms of the existing contract, the oump operator is in default in his monthly payments and that the City, prior to cancel ling his contract, is legally requi red to give notice of rescission, setting forth a reasonable length of time in which the arrearage may be paid and a dearand that future payments be remitted when due. :J22 }{r, David Keyston, in attendance, advised that the proposal submitted by his Company was predicated upon a 'hrutual termination of the previous contract" end the desi re of both parties to affectuate a change by September l, 1953, to rel ieve the present Dump operator from his obl igations with respect to the payment of the tractor and his arreerage of monthly payments to the City. Councilnran l{artin referred to other paragraphs wi thin the Contract in which the Dump Operator has failed to cornply and that nray be the basis for cancel lation:(l) that the City Dump shall be maintained in a sanitary condition at all times;(Z) ttrat detailed records shall be maintained and (3) that a detailed financial statement shal I be filed with the City on or prior to April l5th of each year; stating that a decision to change operators on this occasion, however, is prenature and should be considered firore thoroughly with publicity released on the conternplated change in the operation of the City Dump. It vias the recormendat ion of Councilman l{artin that legal measures be initiated to cancel the contract and to col lect monies o&ing the City. Councilman George concurred with Councilnan |lartin and expressed the opinion that the $3,500.00 currently in arrears, should be remitted to the City. Councilman Crosby referred to his membership at one time on the Joint Baylands Cormittee, his long concern with the inadequate handl ing and maintenance of the City Dump and indicated his approval to the proposed plan from which both the City of Eurlingame and the Keyston Company would derive mutual benefit. Fol lowing considerable discussion on the improveoents to the City Dump by the Keystons, the City Attorney advised that Council, as its first consideration, should resolve the issue with respect to the current Contract. A motion was introduced by Councilman George that the City |lanager be authorized to give notice of cancellation of contract upon the grounds that there are currently due and unpaid installment payments in the aggragated amount of $3,500.00, and that the City |lanager be further authorized. at his discretion, to include in said notice, other defaults of contract. The r|otion was seconded by Counci lman Hartin and unanimously carried. ADJ OURNI.IENT Respect fu I ly submitted, /&-1,*ga n -0-*t"J e ClTY CLERKHERBERT K. I{H ITE, APP ROVED: CHARLoTTE J0HXSoN, I{AYoR The meeting was thereafter regularly adjourned at 8:55 p.m.