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.