Others Present: Pasmant, Alvarez-Glasman, Durbin, Freeland, Ballard, Taylor, Genovese, Dewus, Morgan, Anderson, Bommarito, Paul, McIsaac, Smilowitz, Johnson, Samaniego, Yauchzee, Hoppe, Fields, Wills, Chung, Berry
CONSENT CALENDAR Revocation of Site Improvement License Between the West Covina Community Development Commission and Westfield America, Inc.
Recommendation is to receive and file this informational report.
Motion by Wong and seconded by Hernandez to approve the items on the Consent Calendar, and requested a discussion on the item.
Commissioner Wong introduced the subject matter and read the letter aloud. He then stated that the action taken in closed session on April 6, 2004 directing the City Attorney by a vote of 4-1 (Wong) to prepare and send the letter to Westfield should have been reported out after the meeting in the City Council’s open session. In fact, he felt the entire matter should have been conducted in open session as it referred to a section in a current contract with Westfield. Because the action was taken in closed session, he asked that the matter be placed on the next meeting’s agenda for another vote so that the letter would be legally enforceable.
City Attorney Alvarez-Glasman clarified that because the City is currently in litigation with Westfield, the action taken in closed session was proper and permitted under the Brown Act. He opined that it was a litigation strategy on the part of the City and cited applicable sections of the Brown Act relative to reporting out.
Discussion ensued as to the next step. Thought was given to resending a new letter and whether it should be sent under the Mayor’s signature or the City Manager’s signature or perhaps it should be placed on the next agenda.
Motion by Herfert and seconded by Sanderson to receive and file the staff report. Chairman Miller noted that a speaker card had been submitted regarding this subject.
Royal Brown Royal Brown, West Covina resident, suggested that since the matter is on this evening’s agenda, it need not be placed on a future agenda and the Commission could take action this evening.
Motion by Miller and seconded by Wong, as a substitute motion to the receive and file, to confirm the revocation of the site improvement license between West Covina Community Develop-ment Commission and Westfield America, Inc., approve the content of the letter sent by Alvarez-Glasman & Colvin dated April 8, 2004, and resend the same letter. Motion carried 4-1 with Wong voting no.
ADJOURNMENT Motion by Hernandez and seconded by Miller to adjourn the meeting at 10:40 pm. Motion carried 5-0.
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Chairman Michael Miller
Attest:
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Commission Secretary Janet Berry
