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HomeMy WebLinkAbout2005 CON William Nelson Pacific Tree Farms - DonationAGREEMENT FOR THE UNCONDITIONAL DONATION OF PERSONAL PROPERTY TO THE CITY OF NATIONAL CITY William L. Nelson (hereinafter referred to as "the Donor") hereby (Name of Donor) makes an unconditional donation, in perpetuity, of fifty (50) trees from Pacific Tree Farm (Description of Donation) Located in Chula Vista, California (hereinafter referred to as "the Property") to the City of National City. The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said Property for any public purpose that the City desires. The Donor hereby releases the City of National City and its officers, employees and volunteers, against and from any and all liability, loss, damages to property, claims, demands, suits, actions, proceedings, costs or attomey's fees, of any kind or nature, resulting from or arising out of the City's use of the Property. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Dated: Dated: December 20, 2005 DONOR By: 44 `4-12-40,... (Authorized Representative) CITY OF NATIONAL CITY By: Nick Itfrfza, MMayor AGREEMENT FOR THE UNCONDITIONAL DONATION OF PERSONAL PROPERTY TO THE CITY OF NATIONAL CITY William L. Nelson (hereinafter referred to as "the Donor") hereby (Name of Donor) makes an unconditional donation, in perpetuity, of fifty (50) trees from Pacific Tree Farm (Description of Donation) Located in Chula Vista, California (hereinafter referred to as "the Property") to the City of National City. The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said Property for any public purpose that the City desires. The Donor hereby releases the City of National City and its officers, employees and volunteers, against and from any and all liability, loss, damages to property, claims, demands, suits, actions, proceedings, costs or attorney's fees, of any kind or nature, resulting from or arising out of the City's use of the Property. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Dated: l7-- `C75—" DONOR Dated: December 20, 2005 By: (Authorized Representative) CITY OF NATIONAL CITY By: Nick zunza, Mayor RESOLUTION NO. 2005 — 270 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PACIFIC TREE FARM FOR THE DONATION OF 50 TREES TO THE CITY WHEREAS, after 36 years of operation, Pacific Tree Farm in Chula Vista is closing and has offered to donate 50 trees, free of charge, to the City of National City as an expression of their gratitude to the people of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to execute an Agreement for the Unconditional Donation of Personal Property to the City of National City for the donation of 50 trees from Pacific Tree Farm. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of December, 2005. Nic i#0 Teo , ' ayor ATTEST: Mic : el R. Da la, ity Ierk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2005 — 270 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PACIFIC TREE FARM FOR THE DONATION OF 50 TREES TO THE CITY WHEREAS, after 36 years of operation, Pacific Tree Farm in Chula Vista is closing and has offered to donate 50 trees, free of charge, to the City of National City as an expression of their gratitude to the people of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to execute an Agreement for the Unconditional Donation of Personal Property to the City of National City for the donation of 50 trees from Pacific Tree Farm. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of December, 2005. NicAl 0 n - . ayor ATTEST: A Mic - el R. Da la, ity Ierk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on December 20, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California ?'h(y City Ckof N tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-270 of the City of National City, California, passed and adopted by the Council of said City on December 20, 2005. City Clerk of the City of National City, California By: Deputy A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT„ MEETING DATE December 20, 2005 AGENDA ITEM NO. ITEM TITLE PREPARED BY EXPLANATION Resolution Accepting a Donation Valued at $12,000 - $15,000 from William Nelson of Pacific Tree Farms Leslie Deese DEPARTMENT Phone: (619) 336-4242 Please see attached report Community Services ( Environmental Review X N/A Financial Statement Approved By: v� Fine e Director Cost to prepare and plant the trees would be about $300, funds for which are availa in Parks Maintenance Fund No. 105-442-331 (Horticultural Items). Account No. STAFF RECOMMENDATION City Council accept a donation of fifty trees from Pacific Tree Farm and hold a tree -planting ceremony to recognize the donation. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Donation Acceptance Form 3. Letter from Mr. William L. Nelson, Pacific Tree Farms 4. City Council Policy 204 — Donation Acceptance Policy Resolution No..200 " . -70 Attachment: Resolution accepting a Donation of Fifty Trees Valued at $12,000 - $15,000 from William Nelson of Pacific Tree Farms The purpose of this report is to recommend the City Council accept a donation of fifty trees, and hold a tree -planting ceremony to recognize the donation. William Nelson, the owner of "Pacific Tree Farm" nursery in Chula Vista, who is selling the nursery after thirty-six years in business, has generously offered to donate fifty trees from the nursery to National City to show his appreciation for the City's support through the years. Mr. Nelson would give us our pick of fifty trees from among several hundred of various kinds located at the nursery. The trees are in containers ranging in size from five gallons to large wood boxes. Mr. Nelson estimates that fifty of the trees would be worth from $12,000-$15,000, depending on our selection. For logistical reasons, Mr. Nelson has asked that we remove only ten trees a week, which would be stored at our Public Works yard until they were planted. Mr. Nelson has suggested planting the trees in the parks or along an avenue, with a commemorative plaque. With this in mind, staff has consulted the Community Development Department and Engineering Department about the possibility of planting the trees at the site of some current city project, such as the Highland Avenue median project. Because these projects are already underway, however, the consensus is that the trees should be planted at various locations in our parks to replace trees destroyed by disease or storms. Also, City Council Policy No. 204 would require the Council to determine the appropriate recognition for Mr. Nelson. Given the donation's generous size, we would suggest the Council hold a tree -dedication ceremony, which could occur before or after the trees were planted. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PACIFIC TREE FARM FOR THE DONATION OF 50 TREES TO THE CITY WHEREAS, after 36 years of operation, Pacific Tree Farm in Chula Vista is closing and has offered to donate 50 trees, free of charge, to the City of National City as an expression of their gratitude to the people of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to execute an Agreement for the Unconditional Donation of Personal Property to the City of National City for the donation of 50 trees from Pacific Tree Farm. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of December, 2005. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor (2) AGREEMENT FOR THE UNCONDITIONAL DONATION OF PERSONAL PROPERTY TO THE CITY OF NATIONAL CITY William L. Nelson (hereinafter referred to as "the Donor") hereby (Name of Donor) makes an unconditional donation, in perpetuity, of fifty (50) trees from Pacific Tree Farm (Description of Donation) Located in Chula Vista, California (hereinafter referred to as "the Property") to the City of National City. The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said Property for any public purpose that the City desires. The Donor hereby releases the City of National City and its officers, employees and volunteers, against and from any and all liability, loss, damages to property, claims, demands, suits, actions, proceedings, costs or attorney's fees, of any kind or nature, resulting from or arising out of the City's use of the Property. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Dated: `- 05— DONOR By: (Authorized Representative) Dated: CITY OF NATIONAL CITY By: Nick Inzunza, Mayor NOV 15 2005 4301 Lynwood Drive, Chula Vista, California, 91910-3226 Phone: (619) 422-2400 • Fax: (619) 426-6759 November 12, 2005 The Honorable Nick Inzunza, Mayor City of National City 1243 National City Blvd. National City, CA 91950 Dear Mayor Inzunza; After 36 years of operation, our nursery is closing. The people of National City have been very supportive and we would like to express or appreciation. We wish to/donate 50 trees, free of charge, to the City These are container -grown trees ranging in size from 5 gallon to. boxes. The kinds of trees we grow are listed in the enclosed mail order catalogs. It may"be worth considering the use of some of the trees for a park or along an avenue and noting that they are from "Trees Around the World." I believe that such a planting would be of interest to city visitors as well as local families. Please let me know if National City would like to have these trees. They can be selected and picked up during December. Sincer ly, William L. Nelson Member. Califon,;Association of Nurserymen emational Plant Propaoat_r'_ ;,ociety California Rare Frei( Growers California Cherimega Association Rare Fruit Council International International Society of Arboriculture Certified Arborlst ea APUOMT City of National City Memorandum November 28, 2005 TO: Leslie Deese Community Services Director FROM: Lupe Lemus-Mancilla Mayor's Assistant SUBJECT: Donation of Trees from Pacific Tree Farms Attached, please find a letter and catalog from Pacific Tree Farms. They wish to donate 50 trees to the City. The Mayor would like your department to handle the donation of the trees and create an event out of this donation. I have advised Mr. William Nelson of Pacific Tree Farms that someone from your department will be contacting him to make arrangements of the donation. Please contact the Mayor or myself, should you have questions at 336-4283. Thank you ery much, Lupe e 1 s-Mancilla Mayor'$ Aistant Crcu1 1 a IS d� i (/1 TITLE: Donation Acceptance Policy POLICY I NUMBER: 204 ADOPTED: October 21, 2003 AMENDED OR REVISED: Page 2 of 2 Policy (continued) 7. The donation must place no restriction on the City, unless agreed to by the City Council. 8. The donation shall become the property of the City. 9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking or naming, as determined by the City Council. Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising or product endorsements that promote the donor shall be avoided. 10. All donations shall be accepted directly by Finance Department staff. 11. Cash donations exceeding $5,000, and in -kind donations exceeding $5,000 in value, shall be accepted through a written agreement consistent with these guidelines and approved by the City Council. In -kind capital donations will be subject to normal City review, permitting, inspection and insurance requirements. 12. At the time of acceptance, all donations, regardless of value, will be acknowledged in writing in a form approved by the City Attorney. The original acknowledgment will be sent to the donor and a copy forwarded to the Finance Department. CITY COUNCIL POLICY TITLE: Donation Acceptance Policy POLICY 204 NUMBER: ADOPTED: October 21, 2003 AMENDED OR REVISED: Page 1 of 2 Purpose From time to time, individuals, community groups and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs, and the need for such projects, facilities and programs often exceeds the City's ability to fund them. Accordingly, it is an acceptable and appropriate practice to accept donations, in order to enhancecity programs and/or facilities to provide a higher level of service to the public. The purpose of this Policy is to establish an orderly and efficient process for the acceptance of donations made to the City. It is also important to process donations in such a way so as to distinguish donations made to the City from those made to individuals, e.g. gifts or campaign contributions. Policy All donations made to the City shall be accepted and processed according to the following: 1. The donation must have a purpose consistent with City goals and objectives. 2. The City Council may decline any donation without comment or cause. 3. The donation will not be in conflict with any provision of the law. 4. In kind donations will be aesthetically acceptable to the City. 5. The donation will not add to the workload of the City Council or staff unless it provides a net benefit to the City. 6. The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted.