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Resolution - 2014-12RESOLUTION NO. 2014-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RESCINDING RESOLUTIONS NO. 2012-2, 2012-3, 2012-4, 2012-5, AND 2012-6, AND A RELATED DISPOSITION AND DEVELOPMENT AGREEMENT 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, and a Disposition and Development Agreement (the "DDA") between the City and CGM (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 resolve as follows SECTION 1. That the following resolutions are hereby rescinded, set aside, and vacated: Resolution No. 2012-2 A Resolution of the City Council of the City of West Covina, California, Certifying the Mitigated Negative Declaration of Environmental Impact for General Plan Amendment No. 11-01, Zone Change No. I 1-01, Precise Plan No. 11-02, Tree Removal Permit No. 11-04, Variance No. 11-08, and Tentative Tract Map No. 71595 and Pursuant to the California Environmental Quality Act of 1970, as amended. Resolution No. 2012-3 A Resolution of the City Council of the City of West Covina, California, Approving General Plan Amendment No. l l-01. Resolution No. 2012-4 A Resolution of the City Council of the City of West Covina, California, Overturning the Decision of the Planning Commission and Approving Precise Plan No. 11- 02 and Tree Removal Permit No. 11-04. Resolution No. 2012-5 A Resolution of the City Council of the City of West Covina, California, Overturning the Decision of the Planning Commission and Approving Variance No. 11-08. Resolution No. 2012-6 A Resolution of the City Council of the City of West Covina, California, Overturning the Decision of the Planning Commission and Approving Tentative Tract Map No. 71595. Resolution No. 2014-12 Page 2 of 2 SECTION 2. That the City's approval of that certain DDA, dated January 10, 2012, by and between the City of West Covina and CGM, is hereby rescinded, set aside, and vacated. SECTION 3. The City Clerk shall certify as to the passage of this Resolution, and staff is hereby directed and authorized to shall take such action as is necessary to demonstrate the City's compliance with the Settlement Agreement and the Writ of Mandate. APPROVED AND ADOPTED on this 151" day of April 2014. ATTEST: City 6erk Nickolas S. Lewis I, NICKOLAS . S.' LEWIS, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting held thereof on the 15th day of April 2014 by the following vote of the City Council: AYES: Spence, Sykes, Toma, Warshaw, Herfert NOES: None ABSENT: None ABSTAIN: None . City Clerk Nickolas S. Lewis APPROVED AS TO FORM: j. Cify Attorney XWold Alvarez-Glasman