1992 CC MIN JUN 02 - Laserfiche WebLink

Browse Search

CODE, AND UNIFORM ADMINISTRATIVE CODE ; THE UNIFORM CODE FOR BUILDING CONSERVATION, 1991 EDITION; THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, 1991 EDITION; THE UNIFORM HOUSING CODE, 1991 EDITION; AND REPEALING ORDINANCE NUMBERS 0-04-92 AND 0-19-91 AND ANY OTHER ORDINANCES IN CONFLICT HEREWITH. Blue Ribbon Nursery and Landscape Supplies Community Development Director Aguilera provided recap of problems experienced with Blue Ribbon Nursery and Landscape Supplies. Staff recommended that Blue Ribbon be allowed to continue under original conditions of approval provided that $2,000.00 per month is paid until the $23,983 debt is retired ($6,000.00 has been paid to date); also require Blue Ribbon to cooperate with the City staff to formulate a mutually beneficial contract to accept the City's "Green Waste Stream; and, require sufficient proof that the property is used as a composting operation. Attorney Mark McCormick, 3150 University Avenue, Riverside, stated he represented California Portland Cement who is the landlord for the 33 acres to the south of the California Portland Cement facility, with the easterly 8 acres of the premises occupied by Blue Ribbon. He wanted the City Council to understand their position and their reservations upon learning from the City that California Portland Cement will be held responsible in the event that Blue Ribbon abandons their operation. Mr. McCormick reviewed a packet, comprised of legal documents, with Councilmembers: Addendum to Lease and Original Lease; Notice Regarding (A) Breach of Lease Covenants; and (B) Intent to Terminate Lease and to Retake Possession of Premises in the Event Those Breaches are not Cured as Requested; a 30 -day Notice to Terminate; and, a Three -Day Notice to Cure or Quit. Mr. McCormick emphasized that Blue Ribbon has violated the lease covenant which provided that the premises shall not be used for any purposes except agriculture. There has been a failure by Blue Ribbon to pay rent, due and owing on the premises, in the amount equal to 5% of gross sales. With one-half of the payments still due, the lease will be terminated if the monies are not received. Mr. McCormick argued that notwithstanding the lease agreement between Blue Ribbon and Colton Cement Company, the City continues to demand collection of green waste and ultimately, CPC will be impacted - which is not fair - based on the history of Staff's reports and on the history of the lease. 7 J U N 2 1992