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HomeMy WebLinkAboutCC RESO 2008-76RESOLUTION NO. 2008 — 76 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE DONATION FOURTEEN MATURE CHINESE ELM TREES, AND PLANTING AND RELOCATION SERVICES FOR A TOTAL DONATION VALUE OF $71,171.50 FROM THE CONSTELLATION PROPERTY GROUP, AND AUTHORIZING THE MAYOR TO EXECUTE THE DONATION AGREEMENT WITH THE CONSTELLATION PROPERTY GROUP AS REQUIRED BY THE CITY'S DONATION POLICY WHEREAS, the Community Development Commission ("CDC") has entered into a Disposition and Development Agreement with Constellation Property Group ("Constellation") for the Centro Condominium Project located on approximately 1.2 acres mid -block between National City Boulevard and D Avenue on 12th Street; and WHEREAS, to construct the project Constellation must remove approximately 40 mature Chinese elm trees; and WHEREAS, Constellation has offered to donate 14 mature Chinese elm trees to the CITY, and will transport and replant the trees at Constellation's expense of $25,171.50 at relocation sites in El Toyon Park and Kimball Park; and WHEREAS, the following findings are made as required by City Council Policy No. 204: 1. The donation is consistent with the City's Donation Policy (the "Policy") and with City goals and objectives, specifically Strategic Goal 3e "Support City Parks and Open Space". 2. The City Council may decline this donation without comment or cause. 3. The donation does not conflict with local, State or federal law. 4. The trees will be aesthetically acceptable to the City. 5. The donation will add to the workload of City staff in that the trees will have to be maintained once they are relocated, however, this cost is more than compensated by the value of the donations, as mature Chinese elm trees are worth more than $2,500 ($30,000 plus $16,000 for a very large tree, plus relocation and planting expenses of $25,171.50 = total donation value of $71,171.50). 6. The donation will not bring unforeseen or hidden costs. 7. The donation places no restrictions on the City. 8. The trees shall become property of the City once any or all of them are relocated onto City property. 9. Recognition of the Constellation Property Group in the form of a small plaque will be placed in the general area of the replanting at Kimball Park. Resolution No. 2008 — 76 May 6, 2008 Page 2 10. The donation will be accepted by the Finance Department on behalf of the Public Works Department as required by the Policy. 11. There will be no cash donation associated with this donation. 12. At the time of acceptance of any or all of the trees, the donation will be acknowledged in a form acceptable to the City Attorney, and with a copy forwarded to the Finance Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the donation of 14 mature Chinese elm trees, and planting and relocation services valued at more than $71,171.50 from the Constellation Property Group. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a Donation Agreement with Constellation Property Group for the donation of 14 mature Chinese elm trees and planting services. PASSED and ADOPTED this 6th day of May, 2008. Ron orrison, Mayor ATTEST: li Mic ael R. Dalla / ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on May 6, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 1 City CI r of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-76 of the City of National City, Califomia, passed and adopted by the Council of said City on May 6, 2008. City Clerk of the City of National City, California By: Deputy