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106 <br />Marine World, in addition, will derive a substantial advantage from the elimina- <br />tion of disturbance and sedimentation of the waterways adjacent to the Marine <br />World development during the dredging involved in Dredge C-1. <br />It was stated DMJM and Staff recommend approval of Change Order No. 2, and that <br />the bonding company has consented to the increase in contract price. (For full <br />text see City Clerk's files - GID 1-64, Bragato Paving Co, contract.) <br />Councilman Rosselli moved to approve the change order as requested in the City <br />Manager's report dated June 2, 1967, seconded by Councilman Petersen. Council- <br />man Henderson questioned purpose of Change Order #1 which had not been mentioned. <br />City Manager advised this had been an administrative item not involving a contract <br />or finances and not necessary to present to Council for approval, but this instance <br />involving a contract and finances, even if resulting in a savings, had been <br />necessary to obtain Council's approval. <br />Councilman Henderson further questioned details of this work which were answered <br />by the City Manager, who also advised that American Broadcasting Co. had agreed <br />to this change as it would work to their benefit. Councilman Henderson also <br />expressed concern for earlier commitments to other agencies which might be <br />involved, such as State, BCDC, etc., and cited certain specific statements <br />concerning no changes to be made, and felt additional approvals might be <br />necessary from these other agencies. City Manager advised this phase of the <br />work on this change order is not under jurisdiction of the agencies referred to. <br />Councilman Henderson indicated her desire to present her views when opposing <br />a proposed action, as in this instance, as she felt other agencies involved had <br />not been consulted on this change order where City had previously stated commit- <br />ments. Councilman Keckley questioned whether action proposed would be at <br />variance with BCDC and State Lands Commission. City Manager advised that pre- <br />sent contract with the State Lands Commission provides for payment of soils taken <br />out of land within their jurisdiction and this was not affected, and that this <br />matter had been discussed with ABC as stated previously, and that they had felt <br />this change order proposed to be to their advantage to combine the two opera- <br />tions as proposed. He further stated, however, that there might be a point to <br />checking further on the BCDC permit, but believed it would lie within the scope <br />of the permit. (Memo 6/6/67) Motion carried on roll call vote, Councilman <br />Henderson voting no. (MINUTE ORDER #67-117) <br />DAMAGE CLAIM of John E. Thorne on behalf of Mrs. Edythe Towler, 969 Nob Hill Road <br />(Lot 13, Blk. 1, Farm Hill Subdivision) for damages alleged to result from <br />removal of earth from a slide, denied on motion of Councilman Peterse, seconded <br />by Councilman Keckley, because claim is insufficient in that it fails to comply <br />with the provisions of subsections c, d, e, & f of Section 910 of the Government <br />Code. <br />n <br />