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MOTION: It was m/s by Narum/Brown to adopt the Consent Calendar, as amended. Motion carried by the following vote: Ayes: Councilmembers Brown, Cook-Kallio, Narum, Pentin, Mayor Thorne Noes: None Absent: None MEETING OPEN TO THE PUBLIC 17. Proclamation to observe the National Association of Realtors Code of Ethics Centennial Councilmember Narum introduced Jennifer Branchini, President Elect, and Mike Francisco, Treasurer, of the Bay East Association of Realtors. Ms. Branchini accepted the acknowledgement on behalf of Bay East's 4,600 plus members and said they proudly offer their commitment to providing another century of exceptional sevice. Mr. Francisco echoed her thanks and noted that nearly 1/3 of their members reside in the Tri-Valley. Councilmember Narum read the proclamation observing the National Association of Realtors Code of Ethics Centennial into the record. 16. Public Comment - None Mayor Thorne asked the City Attorney to report out on Closed Session. City Attorney Lowell reported that the Council met in Closed Session with legal counsel on several matters. With regards to existing litigation, the Council discussed the matter of William Walsh but did not discuss that related to Paul Chenkovich. The Council also discussed anticipated litigation involving hillside regulations. No further reportable action was taken on either matter. PUBLIC HEARINGS AND OTHER MATTERS 4. Public Hearing: Introduced and waived first reading of Ordinance No. 2074 approving St. Anton Partners application for a Development Agreement to vest the entitlements of the project PUD-81- 30-87D, Anton Hacienda Apartments, consisting of 168 apartment units and related site improvements located at 5729 West Las Positas Boulevard City Manager Fialho provided a brief overview of the item, stating that it is a follow up to the adoption of the PUD related to the St. Anton project located on West Las Positas Boulevard. The first and second readings of the project's Development Plan occurred at the Council's two previous meetings. The effective date of the PUD per Council action is contingent upon the adoption of the development agreement. The agreement secures a commitment by the developer to pay impact fees to the school district, pay park dedication fees to the City with an agreement that they may be used for any park related improvements up to and including the Bernal property, articulation of how the affordable housing requirements will be applied to the project, and a growth management allocation to the developer. Mayor Thorne opened the public hearing. Ingrid Plemmons, Beleza Drive, reiterated several previously stated concerns related to the removal of trees required by the project. She stated that St. Anton's tree assessment report calls for the removal of 78 trees, 11 of which are evergreen ash that exceed 35 feet in height and are classified as heritage trees. Removal of these trees, which front West Las Positas across from the Verona development and City Council Minutes Page 3 of 13 July 16, 2013