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 That the following resolutions are hereby rescinded, set aside, and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