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monitoring program regarding CEQA mitigation measures in connection with these finding~s. Thi~ City Council adopts the following program in fulfillment of this requirement: The Applicant shall file a written report with the Planning and Building Department of the City approximately once every twelve months, beginning with the first periodic review of Applicant's compliance with the development agreement pursuant to Section 13(a) of that agreement. Subsequent written reports shall be filed concurrently with each annual review of Applicant's compliance with the development agreement. The written report shall briefly state the status in implementing each mitigation measure which is adopted as a condition of approval or which is incorporated into this Project. The Planning and Building Department staff shall review the written report and determine whether there is any unusual and substantial delay of over one year in, or obstacle to, implementing the adopted or incorporated mitigation measures which requires action by Department staff. The result of this review will be provided to the Applicant in writing. If the staff determine that action is required, ~he staff and the Applicant shall consult and, if possible, agree upon additional act{0ns to be taken to implement the mitigatign measure(s) which is subject to the delay or obstacle. If and only if the staff and the Applicant are unable to agree upon the additional actions to be taken, then either staff or the Applicant may bring the matter before the Executive Director of the Planning and Building Department for a decision whether any action should be taken and what that action should be. Staff and the Executive Director of the Planning and Building Department shall be limited to imposing reasonable actions as permitted by law and by the terms of the development agreement and the Final EIR which will implement the existing mitigation measures 41 · -087