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B. Program Review. I. The city council, as necessary to administer the growth management program, including following review of the growth management report, shall have the following duties and powers: a. Determine whether the annual new residential unit limits, including those pertaining to trades or reallocation,require adjustment due to infrastructure/service constraints; b. Determine whether to adjust for the future allocations established for new residential units; c. Coordinate the requested trades of units among developers; d. Determine the disposition of reallocation requests; e. Take other action determined by the council to be necessary to implement the provisions of this chapter. 2. The city council shall act on the following in administering the growth management program on an on- going basis: a. Grant initial growth management allocations; b. Review and act on requests for reinstatement of lapsed growth management approvals and building permits; c. Adjust annual limits as it deems necessary pursuant to subsection A of this section; d. Coordinate between January 1st and September 1st, in response to developers' requests, any requested reallocation requests and/or trades of units among major project developers; e. Take any other action determined by the council to be necessary to implement this chapter. (Ord. 1999 § 1,2009;Ord. 1802 § I, 2000;Ord. 1729 § 2, 1997) 17.36.060 Establishment of annual new residential unit limits. A. Except as provided herein, effective July I, 2014, the number of building permits issued annually for new residential units subject to this chapter shall not exceed the Regional Housing Needs Allocation assigned to the City as provided in the Association of Bay Area Government's Regional Housing Needs Allocation Plan divided by the number of years in the Regional Housing Needs Allocation cycle. Except as provided in subsection C of this section and except when necessary to increase the annual housing allocations in order to grant approvals to projects so that the city is able to meet its total regional housing needs goals, the maximum limitations established in this section are nondiscretionary and shall not be modified by the city council in implementing this chapter. B. For the fifth Regional housing Needs Allocation cycle that ends June 30, 2014, the annual unit allocation shall be equal to the number of units required to meet the city's Regional Housing Needs A.Ilocation for the Fifth cycle. C. Within 90 days of the Association of Bay Area Governments issuing its Regional Horsing needs Allocation Plan,the city manger shall provide the city council with a report identifying the annual unit allocation. D. The limitations established in subsection A of this section may be reduced by the city council if, upon reviewing the annual growth management report, it determines that infrastructure and/or services will not be available to satisfy the demands of the new residential units allowed for a given year. The limitation reduction mentioned in the previous sentence may be citywide or localized, depending on the scope of the infrastructure and/or service shortfalls. The city council shall exercise its discretion pursuant to this subsection if the planned, phased infrastructure expansions which form the basis for establishing the managed growth to build- out of the general plan are not completed in a timely manner. "Infrastructure" as used herein includes new school construction pursuant to the school financing agreement, sewage treatment/export facility expansions, treated water availability, traffic network expansions consistent to implement city LOS policies, park procurement/development, and other measures of infrastructure/services as described in the growth management reports. E. No reduction in future annual new residential unit limits shall affect any project which has received growth management approval granting future years' allocations so long as the conditions in effect at the time of the initial approval remain unchanged and the approved project continues to meet all project requirements. Nothing herein, however, limits the city's ability to impose a development moratorium under state law. (Ord. 1999 § 1,2009;Ord. 1729 § 2, 1997) Page 3 of 6