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Councilmember McGovern asked if there is any opportunity to appeal the court's ruling and how long that process would normally take. Mr. Roush stated an appeal typically takes 12 to 24 months. Councilmember McGovern asked if the East Side Specific Plan would run concurrently with the Housing Element update. Mr. Fialho said no and confirmed that the plan will not be developed until the Housing Element update is complete. Councilmember McGovern said she was uncomfortable with the idea of rezoning large amounts of property through the update if one of the City's largest undeveloped parcels cannot be considered. She asked staff to consider ways around that issue. She said this speaks to some of her issues with the next item. She noted that the General Plan carries a major thread of sustainability, yet an annual review of the Growth Management Ordinance has been eliminated. She would like sustainability to be reviewed annually, primarily the issues of water, climate control, and infrastructure and noted that the examples provided within the staff report all provide for annual review. She suggested the addition of language which calls for refinement of growth management programs as soon as possible and said she would prefer this to occur prior to the resolution of current litigation so that the community has assurances that local control is protected. Mr. Fialho said it is unlikely that staff could craft a refinement through the normal process with the Planning Commission and City Council before a ruling is expected on this issue. Mr. Roush explained that the ordinance used to require an annual Growth Management Report which takes an inordinate amount of staff time to prepare and that, as a practical matter, was not done annually even in periods of significant growth. He noted that the ordinance still provides for an annual allocation process but that the lack of development over the last five to six years has made it unnecessary. The Council may opt at any point to follow the full terms of the ordinance. Councilmember McGovern clarified that she is more interested in an annual review of infrastructure and services that could provide the community that these RHNA requirements are being allocated based on that real information. Mr. Fialho advised that this discussion is better suited to a later date. He is uncomfortable with any modification at this point as it is just one element of a further refinement that everyone would like to achieve. Councilmember McGovern said these safeguards would make her more comfortable is assuring the community that the Council has addressed the potential outcomes of this litigation. Mr. Fialho suggested that the Council could direct staff to work over the next couple of months to strengthen, modify, refine, and add safeguards to the Growth Management Ordinance; and to return to the Council with those changes, vis -a -vis the Planning Commission. He said this would be a more holistic and comprehensive approach. Councilmember McGovern said that holistic often allows for loopholes. She asked staff to consider the most important changes to the ordinance which would offer growth management control based on infrastructure and sustainability, as outlined within the General Plan. City Council Minutes Page 19 of 21 November 3, 2009