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5. Approved plans and specifications, reviewed bids, awarded and authorized the City Manager to <br /> execute a contract with J3C Construction in the amount of $56,250 for the Bernal Property <br /> Mitigation Pond Observation Deck project, CIP No. 117024; and authroized the Director of <br /> Commumity Development to approve and execute contract change orders not to exceed $11,250 <br /> 6. Approved and authorized the City Manager to execute consultant agreements with Hexagon <br /> Transportation Consultants, Inc.; Whitlock & Weinberger Transportation, Inc. (W-Trans); and Fehr <br /> and Peers for the not-to-exceed amount of$100,000 (each) for on call professional services <br /> Finance <br /> 7. Accepted the Monthly Disbursements and Investment Report for July 2011 <br /> Fire <br /> 8. Approved and authorized the City Manager to execute an agreement with the Alameda County for <br /> Emergency Medical Services First Responder Advanced Life Support Services provided by the <br /> Livermore-Pleasanton Fire Department <br /> MOTION: It was M/S by Thorne/Cook-Kallio to approve Consent Calendar, as amended. Motion <br /> carried by the following vote: <br /> Ayes: Councilmembers Cook-Kallio, McGovern, Sullivan, Thorne, Hosterman <br /> Noes: None <br /> Absent: None <br /> MEETING OPEN TO THE PUBLIC <br /> 9. Pulled from the agenda - Presentation by John McPartland, Chair, Bay Area Rapid Transit <br /> Board of Directors <br /> 10. Public Comment <br /> Gary Harrington, Herrington Art Partnership, asked residents, businesses and organizations of <br /> Pleasanton for help in funding 'Eternity', a Council and Art Commission-approved carved granite <br /> sculpture. <br /> Tom Zengel addressed Council concerning the proposed Wal-Mart grocery store at the former <br /> Nob Hill site. <br /> Mayor Hosterman asked the City Manager to comment on the process. <br /> City Manager Fialho stated plans have been submitted for tenant improvements at the Nob Hill <br /> site which appear to be routine with regard to electrical, plumbing, fixture and lighting. The <br /> permitting could be considered routine which means it is not subject to discretionary approval or <br /> review by the Council. He clarified that it means that the permit action falls into the Health and <br /> Safety Code of the City in that the Building Official is required to interpret the various mechanical <br /> codes to determine whether the proposed tenant improvements are consistent with that code. If it <br /> is, permits are issued. If it is not, the Building Official directs the applicant to make the necessary <br /> improvements before permits are issued for construction. This is similar to what happens with <br /> remodels interior to a home where no walls are expanding or tenant improvements occur with an <br /> office building, or they occur within the downtown. The caveat is that if the operator plans to <br /> operate the facility in a manner that is inconsistent with the permitted use, then the application <br /> City Council Minutes Page 2 of 16 September 6, 2011 <br />