Ordinance - 2258ORDINANCE NO.2258
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, REPEALING ORDINANCE NO. 2225
WHEREAS, on January 10, 2012, the City Council of the City of West Covina ("City")
approved an application submitted by C.G.M. Development, Inc. ("CGM") to develop "Parkside
Corporate Center," a four-story medical office condominium development (the "Project");
WHEREAS, the City's approval included a Mitigated Negative Declaration for the
Project, various , land use entitlements including approval of Zone Change No. 11-01- by
Ordinance No. 2225, and a Disposition and Development Agreement (cumulatively the "Project
Approvals");
WHEREAS, the City's approval of the Project was challenged in West Covina
Improvement Association v. City of West Covina, et al. (LASC Case No. BS 135923) (the
"Action") and, on January 22, 2013, the trial court entered judgment in the Action in favor of
petitioners and granted a peremptory writ of mandate ("Writ of Mandate") commanding the City
to set aside and rescind the Project Approvals;
WHEREAS, the City appealed the trial court's judgment, but subsequently dismissed the
appeal in accordance with the terms of a settlement agreement reached with WCIA, dated March
18, 2014 (the "Settlement Agreement"); and
WHEREAS, the Settlement Agreement requires the City to rescind the Project
Approvals in compliance with Writ of Mandate, and to file evidence thereof with the court.
NOW, THEREFORE, the City Council for the City of West Covina, California, does
hereby ordain as follows
SECTION 1. That Ordinance No. 2225, "An Ordinance of the City Council of the City
of West Covina, California, approving Zone Change No. 11-01," is hereby repealed.
SECTION 2. If any part of this ordinance, or its application to any person or
circumstance, is held to be invalid, the remainder of the ordinance, including the application or
provision to other persons or circumstances, shall be not be affected and shall continue in full
force and effect. To this end, the provisions of this ordinance are severable.
SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance
and shall cause the same to be published as required by law.
APPROVED AND ADOPTED on this 6t" day of May 2014.
ATTEST: ;
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City Clerk Nic olas S. Lewis
Ordinance No. 2258
Page 2
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the 151h day of April, 2014. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 61" day of
May 2014 by the following vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
ABSENT: None r
ABSTAIN: None .�
City Clerk Nickdlas S. Lewis
APPROVED AS TO FORM:
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2258 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (3rd floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
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P,4,-
Susan 14h, Assistant City CYerk
Posted: 1i 2-0/�