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discretion, but there would be discretion in terms of implementing and taking the definitions from the measure, the U.S. Census Bureau, and in State law regarding assisted living units. Councilmember McGovern said the third reason she felt there was a conflict was that in the staff report on page 3, it states, "Potential conflicts could arise when a specific project is considered." She said as a person who is making a decision on this, those three, especially Section 5.B., cause her concern. Councilmember Cook-Kallio said she is hearing that where PP is silent in regard to explaining what happens to OQ, it is basically the additive explanation to make it consistent with the General Plan. Therefore, if PP is silent and OO is clarifying in nature concerning the General Plan, there would be no conflict. City Manager Fialho said PP is very specific to hillside development; the direction in terms of how staff typically administers initiatives is clear on how to process development applications and in calculating slope and ridge. On the ridgeline side of the equation as it relates to QQ, staff is simply re-affirming existing General Plan policies. We do not want to do away with that because there are some projects that will not exceed 10 units, and we want assurances in place in the General Plan that they must conform to certain General Plan standards. As it relates to the definition of a housing unit, staff sees the definition in PP as being broader in scope than QO. In the provision of the definition of QQ, it expands the opportunity and flexibility for the Council to assess and count units for assisted living facilities as it is not simply based on a kitchen or bathroom, but whether it is creating a material impact on infrastructure. Mayor Hosterman invited public comment. Dolores Bengston said she worked on the OQ campaign and believed it is clear that citizens care about protection and support the goal of protected open space and the trail system on the southeast hills. She discussed with other QO supporters how they felt it should be implemented and whether there was common ground. There is general agreement for astraight-forward approach to incorporate the policies of PP and OQ into the General Plan as outlined in Option 1 because it provides flexibility and it can be implemented now. She voiced concern that landowners impacted by PP and OQ would be provided a fair and reasonable application of the new policies to assure a level of development that could support the public greenbelt and trail system, is concerned that if guidelines are applied without using modern standards, some landowners may elect to use the 10-unit exemption offered in PP and simply subdivide their property into 10 estate lots. Such an option lessens the possibility of land being dedicated for the greenbelt, thus the land would not be protected in perpetuity. She supported a publicly accessible greenbelt and being able to work together as projects come forward. Lance Smith said he has heard and understood voters' concerns to preserve hillsides, ridgelines and open space. As a builder, he wants to work with the City to create a proposal for the Lund Ranch project that allows them to develop an economically viable project while also preserving the ridgelines, open space areas, and making it accessible to voters of the City. They submitted an amended application they believe takes into consideration protections. The original application was provided almost 9 years ago and the current application needs to be acted on promptly and asked that the process proceed. They preferred that the processing of the application be for greater clarity. They asked the Council that in whatever option it chooses, that it comply with any CEQA requirements, he encouraged the Council to consider options 2 or 3 and believe these are in line with the language of OO. Regardless, he asked the Council to City Council Minutes Page 7 of 15 December 16, 2008