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Councilmember Cook Kallio said she visited the property and is sympathetic to everyone involved. She referred to Mr. Kennard's comments, noting that he admitted to leaving a beverage container on the neighbor's property simply because he knew it was not sold by Redcoats. She said the issues may be, to some degree, due to attitude and said that good neighbors work cooperatively. She referred to the same smoking placard mentioned by Mr. Lopez and felt the wording displaced the blame for the policy onto the Finch's rather than the City's smoking ordinance. She asked that all placards be posted and worded in a clear manner. She recognized that the applicant cannot control the behavior of everyone and that in some cases they may not be responsible for some of the debris left behind. She said it felt excessive to request that Redcoats staff clean areas across the street. She suggested some of the litter may result from Fernando's restaurant and asked that, if a good neighbor policy is adopted, they be required to adhere to the same standards. She said she believed smoking was not an issue when signs were properly posted, asked why they were removed, and asked how to rectify that. Mr. Dolan said the signage was a condition of approval and immediately posted following the Planning Commission hearing. Once the approval was appealed, that part of the use permit was not technically a requirement and, because there was some objection to the wording of the signs, management removed them. Since that time, Redcoats has worked very cooperatively with staff in developing more appropriate language and signs will be reposted if this CUP is approved. Councilmember Cook Kallio stated support for the CUP amendments, reiterated concern about forcing staff to cross the street, and asked how significant the problem there is. Mr. Fialho said the scope of this condition was crafted as a direct result of businesses coming forward about the issue of litter and other inappropriate items. He said the intent is not to require that this be done every day, but that Redcoats management be cognizant of and make a best attempt at dealing with the issue. Motion passed by the following vote: Ayes: Councilmembers Cook Kallio, Sullivan, Thorne, Mayor Hosterman Noes: None Absent: Councilmember McGovern 8. Continued to a date uncertain Public Hearing: PUD -75 /PGPA -14 /PSPA -3 Consider an application of Don Babbitt/ Heartwood Communities to amend the General Plan and the Happy Valley Specific Plan; and for Planned Unit Development rezoning and development plan approval for additional lots over the allotted number for the 6.13 -acre parcel located at 1157 Happy Valley Road MATTERS INITIATED BY COUNCIL None COUNCIL REPORTS Councilmember Cook Kallio shared warm wishes for Amador and Foothill High Schools at the We the People state finals. Mayor Hosterman wished Irvington High School, as well, and wished everyone safe travels. She said she recently returned from the United States Conference of Mayors in Washington, DC. She and other Tri- Valley mayors took time to lobby on Capitol Hill for the East Bay Regional Communications System, 2 large corridor projects, and additional monies for the Tri Valley Housing Opportunities Center. The latter would allow for a revolving funding, which would City Council Minutes Page 8 of 9 February 2, 2010