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Home My WebLink About2001 03-13 CC AGENDA PKTi AGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, MARCH 13, 2001 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE ASSISTANT CITY MANAGER, PARK MORSE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MARCH 6, 2001. COUNCIL AGENDA 03/13/01 Page 2 CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Resolution No. 2001-31 Resolution of the City Council of the City of National City approving and adopting a final budget for Fiscal Year 2000-01. (City Manager) 2. Resolution No. 2001-32 Resolution of the City Council of the City of National City authorizing appropriation of $153,790 in FY 2000/2001 Local Law Enforcement Block Grant funds for phase three of the Mobile Data Computing Project. (Police) 3. WARRANT REGISTER #36 (Finance) Ratification of Demands in the amount of $246,596.61. (Finance) NON CONSENT RESOLUTIONS 4. Resolution No. 2001-33 Resolution of the City Council of the City of National City authorizing the Mayor to execute an option agreement with the San Diego Aircraft Carrier Museum. (City Attorney) COUNCIL AGENDA 03/13/01 Page 3 NON CONSENT RESOLUTIONS (Cont.) 5. Resolution No. 2001-34 Resolution of the City Council of the City of National City denying a Planned Development Permit application for a 93-unit extended stay hotel at the northwest corner of Plaza Boulevard and Interstate 805. (Applicant: Extended Stay America) (Case File No. PD-2000-9) (Planning) OLD BUSINESS 6. City Clerk's Office - Position Classification and Compensation Adjustments. (City Manager) WRITTEN COMMUNICATIONS 7. Letter/Presentation from Southwest Center for Asian Pacific American Law to thank the council for past support and give an update on their progress. NEW BUSINESS -* CITY MANAGER -> CITY ATTORNEY - * OTHER STAFF -* MAYOR COUNCIL AGENDA 03/13/01 Page 4 NEW BUSINESS (Cont.) -* CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSION 1. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Shawn Lee, et al. v. City of National City United States District Court Case No. 98 CV 1292 BTM LSP 2. Conference with Legal Counsel — Initiation of Litigation Pursuant to Subdivision(c) of Government Code Section 54956.9. One potential case. 3. Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9 (a) National City Police Officers' Association v. City of National City, Court of Appeal, Fourth Appellate District Case No. D035158. COUNCIL AGENDA 03/13/01 Page 5 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting — March 20, 2001 at 3:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE City of National City, California COUNCIL AGENDA STATE ENT MEETING DATE March 13, 2001 AGENDA ITEM NO. - ITEM TITLE RESOLUTION APPROVING AND ADOPTING FINAL BUDGET FOR FISCAL YEAR 2000-01 PREPARED BY Tom G. McCabe DEPARTMENT City Manager EXPLANATION. TheFinance Committee considered the proposed 2000-01 Fiscal Year Budget and on June 20, 2000 by Resolution No. 2000-71, the City Council approved a preliminary budget reflecting the Committee's recommendations and amendments. The Final Budget is now constituted and ready for final adoption. Total budget appropriations are established at $45,307,789, which provides a balanced financial program for the 2000-01 fiscal year. Environmental Review Financial Statement Final Budget Document X N/A Account No TAFF RECOMMENDATION Adopt the Final Budget for Fiscal Year 2000-01. BOARD/COMMISSION RECOMMENDATION N/A TT CHMENTS (Listed Below) 2000-51 Resolution No. 1. Resolution 2. Preliminary Budget vs. Final Budget Summary of Budget Changes A-200 (Rev. ?/30( RESOLUTION NO. 2001 -31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING A FINAL BUDGET FOR FISCAL YEAR 2000-01 WHEREAS, the City's Finance Committee has reviewed the proposed budget as submitted by the City Manager, and WHEREAS, by Resolution No. 2000-71 the City Council approved a preliminary City budget for fiscal year 2000-01 on June 20, 2000. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that a final budget for the City of National City is hereby approved for fiscal year 2000-01. A copy of said budget is on file in the Office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 13th day of March, 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor FINAL BUDGET SUMMARY OF BUDGET CHANGES FISCAL YEAR 2000-01 Department Preliminary Budget Final Budget Budget Changes Justification (+) or (-) City Council 271,780 271,780 0 City Clerk 152,935 152,935 0 City Clerk -Election 10,000 10,000 0 City Manager 472,844 513,370 40,526 25,000 Grant Cons.;15,526Class Adj. Revenue & Recovery 132,650 132,650 0 Fiscal Services 79,548 79,548 0 Information Services 520,442 542,101 21,659 21,659Administrative Secretary Unemployement Insurance 38,318 38,318 0 Personnel Compensation ' 249,228 249,228 0 City Attorney 396,123 396,123 0 Planning 596,047 596,047 0 Personnel 98,627 98,627 0 General Services 258,219 258,219 0 Non -Departmental 394,797 395,277 480 480 Sister Cities International City Treasurer 26,288 26,598 310 60Mem & Subs;250Travel & Subs. Police 12,075,745 12,075,745 0 Fire Operations 4,093,809 4,109,159 15,350 15,350Sr. Office Asst. PIT to F/T Building & Safety 466,969 466,969 0 Management Information Sys. 130,057 130,057 0 Risk Management 1,752,354 1,752,354 0 Engineering 975,500 975,500 0 Public Works -Operation 0 0 0 Public Works -Streets 1,497,188 1,497,188 0 Public Works -Sewer 4,837,242 4,858,900 21,658 21,658Administrative Secretary Public Works -Refuse 147,221 147,221 0 Public Works-Fac. Maint. 1,575,935 1,575,935 0 Public Works-Eqmt.Maint. 1,460,126 1,460,126 0 Library 1,038,547 1,092,812 54,265 54,265 Add'I Library Hours Library Capital Outlay 39,950 39,950 0 Emergency Preparedness 15,000 15,000 0 Parks & Rec. Capital Outlay 1,670 1,670 0 Recreation 1,111,164 1,111,164 0 Info. Systems Maintenance 427,027 427,027 0 Office Equip. Depreciation 904,484 904,484 0 Park Maintenance 717,183 717,183 0 Local Transit 2,243,620 2,243,620 0 1 Fnitc t013/7/01 FINAL BUDGET SUMMARY OF BUDGET CHANGES FISCAL YEAR 2000-01 C.I.P. 5,306,618 5,391,618 85,000 10,000EI Toyon Rest;75,000Soccer POST Fund 85,000 85,000 0 Field Police Reimb. Overtime 17,000 17,000 0 Productivity Improvement 15,000 15,000 0 Telecomm. Rev. Fund 186,227 186,227 0 Street Trees 0 75,000 75,000 75,000CDCReimb.Caretaker;Trimmer CDBG 175,059 175,059 0 GRAND TOTAL 44,993,541 45,307,789 314,248 2Fnlbgt013/7/01 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE MARCH 13, 2001 2 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING APPROPRIATION OF $153,790 IN FY2000/2001 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR PHASE THREE OF MOBILE DATA COMPUTING PROJECT PREPARED BY LT. RAY ALLEN DEPARTMENT POLICE DEPARTMENT EXPLANATION Background On December 12, 2000, the National City Police Department was granted permission to accept the Local Law Enforcement Block Grant Award for FY2000/01. These grants are administered by the U.S. Department of Justice and are similar in many respects to CDBG funds in that they are awarded to local governments who have a significant amount of flexibility in deciding how the funds are to be expended. Like CDBG funding, only a general categorical description and not specific plans on how the money will be expended needs to be submitted to the federal government in order to receive the funds. Local governments, cities and counties, are eligible for Local Law Enforcement Block Grant Funds. The amount of Local Law Enforcement Block Grant Funds that each city is eligible for is based upon the population and the crime rate according to the FBI Uniform Crime Reports. National City received $178,881 in FY 1999/2000 Local Law Enforcement Block Grant funding last year. Based on the same formula, the City of National City is eligible to apply for $152,252 in FY 2000/01 Local Law Enforcement Block Grant funds. (cont.) XX Environmental Review N/A M,s etvtwt--3> Financial Statement The local match for the Local Law Enforcement Block Grant award will be $15,379. There should be no fiscal impact to the budget as the Police Department intends to fund the match with Asset Forfeiture funds. Acir 0. STAFF RECOMMENDATION Approve the Resolution. 220-409-500-598-8009 131-409-500-598-8009 BOARD/ COMMISSION RECOMMENDATION On December5, 2000, the Local Law Enforcement Block Grant Advisory Board voted unanimously, (3 - 0) to recommend approval of the proposed Resolution. ATTACHMENTS ( Listed Below ) LLEBG Application and Award Notification. Resolution No. 2001-32 A-200 (9/80) COUNCIL AGENDA STATEMENT RESOLUTION FOR FY 2000/01 LAW ENFORCEMENT BLOCK GRANT FUNDS PAGE 2 The award period for the Local Law Enforcement Block Grant would cover two federal fiscal years, (October 1, 2000 — September 30, 2002). Thisprogram� uires a 10 match requirement rcent local cash with asset match. It is the intent of the Police Department forfeiture funds. One of the provisions of the 1998 Local Law Enforcement Block Grant program, is that in order to receive full funding, the City of National City must comply with Section 615, of the Fiscal Year 1998 Appropriations Act: Alu — O'Hara Public Safety Officers Health Benefits Act, which requires entities which employ peace officers to provide officers who are retired or separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit, with the same or better level of health insurance benefits that are paid by the entity at the time of retirement or separation. Currently, the City of National City does not provide such health insurance benefits to peace officers retired under the above circumstances and is therefore out of compliance with this provision. As with the case with the Local Law Enforcement Block Grant award that the City of National City received last year, this will result in a 10 percent reduction of the Local Law Enforcement Block Grant Award, but not a complete disqualification from receiving the funds. The reduced Local Law Enforcement Block Grant award that the City of National City will receive will be approximately $138,411. The local match for this reduced award will be approximately $15,379. The funds under this program may be used for any of the following purposes. 1. Hiring, training, and employing new law enforcement officers and necessary support personnel, paying overtime to presently employed law enforcement officers and support personnel, and/or procuring equipment, technology, and other material related to basic law enforcement functions;.: 2. Enhance school security and school security measures at any facility or location the local government considers to be at risk for crime. 3. Establishing or supporting drug courts. 4. Enhancing the adjudication process of cases involving violent offenders, including cases involving violent juvenile offenders. 5. Establishing multi — jurisdictional task forces which work to prevent and combat crime. 6. Establishing crime prevention programs. COUNCIL AGENDA STATEMENT RESOLUTION ON FY2000/O1 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS PAGE 3 7. Defraying the cost of indemnification or insurance for law enforcement officers. The Local Law Enforcement Block Grant funds may not be used as local matching funds for Police Officers hired under the COPS Universal Hiring Program. Because this is only a two year grant, and personnel costs are usually long term, funding under this program would be more appropriate for equipment and technology purchases than for hiring officers or other personnel. The funding under this program would be ideal for meeting some of the Police Department's equipment and technology needs. Proposal The Police Department is requesting a Resolution which would authorize the appropriation of $153,790 in FY 2000/01 Local Law Enforcement Block Grant funding to C.I.P. account #220- 409-500-598-8009 for the purchase of the equipment needed to install Mobile Data Computing equipment in 18 additional police vehicles. Phase II of the project outfitted 10 vehicles with the Mobile Data Computing equipment The purchase of this additional equipment will allow the officers in the field to transmit completed reports to the Automated Field Reporting System. It is the Police Department's intention, if the appropriation is approved, to provide the required cash match for those expenditures with a $15,379 in asset seizure funds. Under the proposal, the requested funds and local match would be applied towards the purchase of the necessary hardware, software, software configuration and customization, as well as the necessary interfaces to the automated field reporting system, 911 and other critical law enforcement data bases. This proposal was presented to the Local Law Enforcement Block Grant Advisory Board at their meeting on December 5, 2000. The Local Law Enforcement Block Grant Advisory Board voted unanimously to recommend approval of the proposed Resolution. The Police Department currently estimates the cost of purchase of the Mobile Data Computing Project at approximate1yy23 ),i st. If approved, this would bring the total amount of approved funding for the project t 4 it Police Department intends to fund the balance of the project with Supplemental Law Enforcement Services Funds. The Police Department will bring requests to Council for appropriations of those funds to the project when the city receives them. The Police Department is requesting that all of the above funds be utilised for the final phases of the Mobile Data Computing Project. Once this project is completed, the Police Department will have a modern day communication system capable of deep field submission of all police reports, and getting vehicle and person information directly from state computer files without utilizing the police dispatchers. RESOLUTION NO. 2001 — 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF $153,790 IN FY 2000/2001 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR PHASE THREE OF MOBILE DATA COMPUTING PROJECT WHEREAS, pursuant to Resolution No. 2000-164, the City Council authorized the City Manager to apply for FY 2000/2001 Local Law Enforcement Block Grant funds from the United States Department of Justice; and WHEREAS, the City of National City was awarded $153,790 in grant funding; and WHEREAS, the Police Department has requested the appropriation of $153,790 in grant funding to Capital Improvement Project Account No. 220-409-500-8009 for Phase Three of the Mobile Data Computing Project; and WHEREAS, the Police Department's request was considered and approved by the Local Law Enforcement Block Grant Advisory Board at their meeting of December 5, 2000; and WHEREAS, the Police Department's request was considered and approved by the City Council at a public hearing held on December 5, 2000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of $153,790 in FY 2000/2001 Local Law Enforcement Block Grant funds for Phase Three of the Mobile Data Computing Project. PASSED and ADOPTED this 13th day of March, 2001. George H. Waters, Mayor Al LEST: Michael K Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Local Law i:ntorcement Block Grant - LLt13U introduction rage iotI FY 2000 Local Law Enforcement Block Grants Program National City, CA Application Award RFD Grant Changes Reports Correspondence Grant Handbook Application was submitted on 15-SEP-00. Click here to print a copy. View Only View Application Help'Fregaently Asked Questions LLEBG Home Log -Off LLEBG FY 2000 Application Drift Certified : 15-SEP-00 !Date Submitted : 15-SE'-00 Jurisdiction Information JuriedMetlon Nadani City Catty SAN DIEGO State CAUFORNIA COFA t4urnber: 16.592 Budget Information ESgible Award Amount $153,790 Foul Award Amount 5138,411 Match Amount $15,379 Iktehing Funds Description State and Local Government Units CEO Information The: City Manager Name Pratt= Mr. Last Name : McC,abe • First Name : Tan Address: 1243 Nataral City Boulevard . Madan! City, Caitforttia, CA 91950-4397 Telephone: (619)336- 4240 Fart (619) 336 327 Emait .nafiarml- city.caus Program Contact Information Title: Lieutenant Name Prefix: Mr. Last Name : Alan First Nana : Romani Address: 1200 Nalicnai City Boulevard NatianatCity, CA91950-4397 Telephone: 619-336- 4514 Fans 619- 336-4525 Emelt ratalen_92019ralahaocam IC: Application Details Date Agreed to Trust Fund Requirement 30-AUG-00 Applicant is PSOHS Compliant No Date Agreed to SPOC Requirement 30-AUG-00 Date Agreed to Requirement 15-SEP-00 SAA Review Data Agreed to Certifications: 15-SEP-00 Date Agreed to Assurances: 15-SEP-00 https://grants.ojp.usdoj.gov:8004/gnus_user/plsgYllebg_main.app_read only?p_bgid=2 12/05/00 i36 LLEBG 2000/2001 Each unit cost 10Ea Unit Cost 12052000 Current Cost 10Ea $12,140.00 Minus Cradle cost 10Ea $167.00 $1,670.00 Subtotal $10,470.00 Docking station 10Ea $680.00 $6,800.00 Pass Thru for modem 10 Ea Subtotal $80.00 $800.00 $7,600.00 $5,930.00 TOTAL • $18,070.00 Phase III Additional Units Quote $3,593.00 Difference of Cradle and dock $593.00 Subtotal $4,186.00 Phase III 18 Additional Units Cost Subtotal _ $75,348.00 TOTAL $93,418.00 Panasonic Laptop computers CF-27 6 Each CF-27EB6GCAMNT $4,790.00 $28,740.00 $140,228.00 Tax 7.75% $10,868.67 TOTAL $151,096.67 61-13 City of National City,aiifornia COUNCIL. AGENDA STATEMENT tMEETING DATEDecember 12, 2000 ITEM TITLE RESOLUTION FOR POLICE DEPARTMENT REQUEST FOR LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS PREPARED BY EXPLANATION LT. RAY ALLEN ** Rdfer to Item #2 AGENDA ITEM NO. o DEPARTMENT POLICE DEPARTMENT Background On August 20, 2000, the National City Police Department received an application package for a federal grant known as the Local Law Enforcement Block Grant Program. These grants are administered by the U.S. Department of Justice and are similar in many respects to CDBG funds in that they are awarded to local governments who have a significant amount of flexibility in deciding how the funds are to be expended. Like CDBG funding, only a general categorical description and not specific plan on how the money will be expended needs to be submitted to the federal government in order to receive the funds. Local governments, cities and counties, are eligible for Local Law Enforcement Block Grant Funds. The amount of Local Law Enforcement Block Grant Finds that each city is eligible for is based upon the population and the crime rate according to the FBI Uniform Crime Reports. National City received $178,881 in FY 1999/2000 Local Law Enforcement Block Grant funding last year. Based on the same formula, the City ofNational City is eligible to apply for $152,252 in FY 2000/01 Local Law Enforcement Block Grant funds. (cont.) eEsitswES mk.s Environmental Review -_ +1/A Financial Statement The local match for the Local Law Enforcement Block Grant award will be $15,379. There should be no fiscal impact to the budget as the Police Department intends to fund the match with Asset Forfeiture funds.-_,�►ctont No. i STAFF RECOMMENDATION 220-409-500-598Q 8009 131-409-500-598-8009 Approve the Resolution. BOARD/COMMISSION RECOMMENDATION On December5, 2000, the Local Law Enforcement Block Grant Advisory Board voted unanimously, (3 - 0) to recommend approval of the proposed Resolution. ATTAC}1MENTS (Listed Below) LLEBG Application and Award Notification. Resolution No. 2000-164 A-7.00 (le.. 9/30) RESOLUTION NO. 2000 —164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO SUBMIT THE LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE AND TO SIGN GRANT AWARD AGREEMENT AND ALL GRANT RELATED DOCUMENTS WHEREAS, Local Law Enforcement Block Grants are administered by the U.S. Department of Justice; and WHEREAS, the amount of Local Law Enforcement Block Grant funds that each city is eligible for is based upon the population and the crime rate according to the FBI Uniform Crime Reports; and WHEREAS, last year National City received $178,881-in Local Law Enforcement Block Grant finding; and WHEREAS, the Local Law Enforcement Block Grant award that the City will receive will be approximately $138,411, with a local match of approximately $15,379. 5 j. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to submit the Local Law Enforcement Block Grant Application to the U.S. Department of Justice, Bureau of Justice Assistance and to sign the Grant Award Agreement and all grant related documents. A copy of the agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 12th day of December, 2000. George H. aters, Mayor AIIEST: 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 12„ 2000, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison,. Soto, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City Ck of the City of ational City, California ' By: Deputy I HEREBY CER111-Y that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2000-164 of the City of National City, California, passed and adopted by the Council of said City on December 12, 2000. City Clerk of the City of National City, California By: Deputy COUNCIL AGENDA STATEMENT RESOLUTION FOR FY 2000/01 LAW ENFORCEMENT BLOCK GRANT FUNDS PAGE 2 The award period for the Local Law Enforcement Block Grant would cover two federal fil years, (October 1, 2000 — September 30, 2002). This program requires a 10 percent local cash match. It is the intent of the Police Department to fund the local match requirement with asset forfeiture funds. One of the provisions of the 1998 Local Law Enforcement Block Grant program, is that in order to receive full funding, the City of National City must comply with Section 615, of the Fiscal Year 1998 Appropriations Act: Alu — O'Hara Public Safety Officers Health Benefits Act, which requires entities which employ peace officers to provide officers who are retired or separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit, with the same or better level of health insurance benefits that are paid by the entity at the time of retirement or separation. Currently, the City of National City does not provide such health insurance benefits to peace officers retired under the above circumstances and is therefore out of compliance with this provision. As with the case with the Local Law Enforcement Block Grant award that the City of National City received last year, this will result in a 10 percent redaction of the Local Law Enforcement Block Grant Award, but not a complete disanallfcation from receiving the funds. The reduced Local Law Enforcement Block Grant award that the City of National City will receive will be approximately S138,411. The local match for this reduced award will be approximately S15,379. The funds under this program may be used for any of the following purposes. 1. Hiring, training, and employing new law enforcement officers and necessary support personnel, paying overtime to presently employed law enforcement officers and support personnel, and/or procuring equipment, technology, and other material related to basic law enforcement functions. 2. Enhance school security and school security measures at any facility or location the local government considers to be at risk for crime. 3. Establishing or supporting drug courts. 4. Enhancing the adjudication process of cases involving violent offenders, including cases involving violent juvenile offenders. 5. Establishing multi — jurisdictional task forces which work to prevent and combat crime. . 6. Establishing crime prevention programs. COUNCIL AGENDA STATEMENT RESOLUTION ON FY2000/O1 LOCAL LAW -ENFORCEMENT BLOCK GRANT FUNDS PAGE 3 7. Defraying the cost of indemnification or insurance for law enforcement officers. The Local Law Enforcement Block Grant funds may not be used as local matching funds for Police Officers hired under the COPS Universal Hiring Program. Because this is only a two year grant, and personnel costs are usually long term, funding under this program would be more appropriate for equipment and technology purahasrs than for hiring officers or other personneL The funding under this program would be ideal for meeting some of the Police Department's equipment and technology needs. Proposal The Police Department is requesting a Resolution which would authorize the appropriation of $153,790 in FY 2000/01 Local Law Enforcement Block Grant funding to C.I.P. account #220- 409-500-598-8009 for the purchase of the equipment needed to install Mobile Data Computing equipment in 18 additional police vehicles. Phase II of the project outfitted 10 vehicles with the Mobile Data Computing equipment. The purchase of this additional equipment will allow the officers in the field to transmit completed reports to the Automated Field Reporting System. It is the Police Department's intention, if the appropriation is approved, to provide the required cash match for those expenditures with a $15,379 in asset seizure funds. Under the proposal, the requested funds and local match would be applied towards the purchase of the necessary hardware, software, software configuration and customization, as well as the necessary interfaces to the automated field reporting system, 911 and other critical law enforcement data bases. This proposal was presented to the Local Law Enforcement Block Grant Advisory Board at their meeting on December 5, 2000. The Local Law Enforcement Block Grant Advisory Board voted unanimously to recommend approval of the proposed Resolution. The Police Department currently estimates the cost of purchase of the Mobile Data Computing Project at approximately $230,000. If approved, this would bring the total amount of approved funding for the project to $. The Police Department intends to fund the balance of the project with Supplemental Law Enforcement Services Funds. The Police Department will bring requests to Council for appropriations of those funds to the project when the city receives them. The Police Department is requesting that all of the above funds be utilized for the final phases of the Mobile Data Computing Project. Once this project is completed, the Police Department will have a modern day communication system capable of deep field submission of all police reports, and getting vehicle and person information directly from state computer files without utilizing the police dispatchers. Local LaW zmorcement MOCK UTaw. - a .br.nv Luuvuuvuvu FY 2000 Local Law Enforcement Block Grants Program National City, CA Application Award Grant Handbook. View Only View Application Help/Frequently Asked Questions LLEBG Home Log-0ff RFD Grant Chances — Reports Corresoondence Application was submitted on 15-SEP-00. Click here to print a copy. LLEBG FY 2000 Application Date Cu01Md : 15-SEP-06 Ioate Submitted : 15SEP-00 Jurisdiction Information Judadlsctlon: National City County. SAN DIEGO State: CAUFORNIA CDFA Number. 16:592 Budget Information E9pibW Award Amount $153,790 Final heard Amount $138,411 Match Amount $15,379 Matching Funds DescdpSort State and local Government Units CEO information Title: City Manger Name Preflac Mr. Last Name : McCabe Fhst Name : Tom Address: 1243 National City Boulevard Na ionel City. Califonta, CA 91950-4397 Telephone: (619)336- 4240 Fax: (619) 336-4327 Emalt cmo@d.nadonal- city.caus Program Contact Information The: lieutenant Name Preftc Mr. Last Name : Agar First Name : Raymond Address: 1200 National City Boulevard Nedanal City, CA 91950-4397 Telephone: 619336- 4514 Fax: 619- 336-4525 Emelt rail -Alan 920190a1100-com Application Details Date Agreed to Trust Fund Requirement 30.AUG-00 Applicant Is PSOHB CompYnat No Date Agreed to SPOC Requirement 30AUG00 Date Agreed to SAA Review Requirement 15-SEP-00 Date Agreed to CortNeafbns: 15-SEP-00 Date Agreed to Assurances: 15-SEP-00 httpsi/grants.ojp.usdoj.gov:8004/gms_user/p1sgJ/11ebg_main.appread on1y?p bgid=2 12/05/00 MEETING DATE 03/13/01 City of National City, California COUNCIL AGENDA STATEMENT 3 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #36 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION Ratification of Warrant Register #36 per government section code 37208. Environmental Review Financial Statement N./A, N/A Approved By: Fin ,y' a Director Account No. STAFF RECOMMENDATION I recommend certification of these warrants for a total of $246,596.61 BOARD / COMMISSIO RECOMM NDATION /,1 ATTACHMENTS ( Listed Below ) 1. Warrant Register #36 2. Workers' Comp Warrant Register dated 2/28/01 Resolution No. A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT March 13, 2001 MEETING DATE AGENDA ITEM NO. 4 ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN OPTION AGREEMENT WITH THE SAN DIEGO AIRCRAFT CARRIER MUSEUM PREPARED BY tk DEPARTMENT George H. Eiser, III n EXPLANATION See attached memorandum. City Attorney Environmental Review Financial Statement There is no financial impact to the City at the present time. N/A Account No. STAFF RECOMMENDATION Adopt resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Option Agreement Resolution Draft letter for Mayor's signature Resolution No, 2 0 01- 3 3 A-200 (9/80) RESOLUTION NO. 2001— 33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN OPTION AGREEMENT WITH THE SAN DIEGO AIRCRAFT CARRIER MUSEUM WHEREAS, the San Diego Aircraft Carrier Museum ("SDACM") has proposed to acquire certain land in the City of National City for use as environmental mitigation for the impacts to habitat by SDACM's project, which consists of permanently mooring the aircraft carrier U.S.S. Midway (CV-41, decommissioned April 1992) to Pier 11A in San Diego for use as a museum; and WHEREAS, SDACM is required by the California Coastal Commission to obtain an indication that the proposed use of the land in National City for mitigation is acceptable to the City of National City; and WHEREAS, the City of National City is willing to support the use of the land for mitigation, on the condition that the City is given an option to purchase the land at such time as suitable alternate mitigation land becomes available to SDACM. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Option Agreement with the San Diego Aircraft Carrier Museum. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 13th day of March, 2001. George H. Waters, Mayor ATTEST: Michael R Dalla, City Clerk APPROVED AS TO FORM: Geont Zott: rge H. _riser, III City Attorney DRAFT Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor March 13, 2001 Charles L. Nichols Project Manager San Diego Aircraft Carrier Museum 1355 North Harbor Drive San Diego, CA 92101 RE: Proposed Use of Land in National City for Mitigation Dear Mr. Nichols: The San Diego Aircraft Carrier Museum ("SDACM") has proposed the use of land located in National City for use as mitigation for the impacts to habitat caused by permanently mooring the aircraft carrier U.S.S. Midway (CV-41, decommissioned April 1992) to Pier 11A in San Diego and converting it to a museum. The City of National City does not oppose the concept of the proposed use of the subject land for mitigation, provided that SDACM enter into an option agreement with the City to allow the City to purchase the land at such time as suitable alternate mitigation land becomes available to SDACM. It should be understood that although the City does not oppose the concept of the proposed use of the land for mitigation, the City fully reserves its police power with respect to the approval or denial of any specific land use proposals pertaining to the land that may be submitted in the future. Very Truly Yours, George H. Waters Mayor GHE/gmo ® Recycled Paper City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: March 8, 2001 FROM: City Attorney SUBJECT: Option Agreement to Purchase Land from the San Diego Aircraft Carrier Museum At the March 6 City Council meeting, the San Diego Aircraft Carrier Museum ("SDACM") described a proposal to purchase land in National City, located west of National City Boulevard and south of 35th Street. The land would be used as environmental mitigation for the impacts to habitat caused by SDACM's project, which consists of permanently mooring the aircraft carrier U.S.S. Midway (CV-41, decommissioned in 1992) at Pier 11A in San Diego and converting it to a museum featuring U.S. naval aviation history. SDACM stated it was required by the California Coastal Commission to obtain an indication that the proposed use of the land was acceptable to National City. The City Council determined that the proposal was acceptable, provided that SDACM enter into an agreement with the City giving the City an option to purchase the land if alternate suitable mitigation land becomes available to SDACM. Included in the agenda materials is a proposed Option Agreement, the main points of which are as follows: • The term of the Option Agreement is ten (10) years. • The purchase price for the option will be the fair market value for the Property, as determined by an independent appraiser at the time of the exercise of the option. As an alternative to paying the purchase price in cash, if suitable alternate mitigation land of no greater cost becomes available, then the City may acquire that land and exchange it for the land located on National City Boulevard. • It shall be a condition precedent to the option that: o SDACM be able to acquire suitable alternate mitigation land at a cost no greater than the purchase price of the land located on National City Boulevard. o The City agree to the purchase price, as established by an independent appraiser. • The Agreement of Purchase and Sale and Joint Escrow Instructions, which will be used if the option is exercised, is attached as Exhibit "B" to the Option Agreement. ,10,14 Z:e.„ GEORGE H. EISER, III City Attorney GHE/gmo ® Recycled Paper OPTION AGREEMENT This Option Agreement ("Agreement") is made this 13111 day of March, 2001, by and between San Diego Aircraft Carrier Museum, a non-profit corporation ("Optionor") and the City of National City, a municipal corporation ("Optionee"). RECITALS A. Optionor plans to acquire that certain real property (the "Property") situated in the City of National City, County of San Diego, State of California, described in the attached Exhibit "A", which is incorporated herein by reference. B. Optionee desires to acquire the exclusive right to purchase the property at an agreed price and under the specific terms of this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: 1. Option to Purchase. Optionor grants to Optionee an exclusive option to purchase the Property on the terms and conditions of this Agreement and in the Agreement of Purchase and Sale and Joint Escrow Instructions attached as Exhibit `B" and incorporated herein by reference ("Purchase Agreement"). 2: Consideration for Option. The Property is located in the City of National City. Optionor proposes to acquire the Property to be used as environmental mitigation for the impacts to habitat caused by Optionor's project, which consists of permanently moving the U.S.S. Midway (CV-41, decommissioned April 1992) to Pier 11A in San Diego and converting it to a museum featuring U.S. naval aviation history. Optionor is required by the California Coastal Commission to obtain an indication that the proposed use of the Property would be acceptable to Optionee. Optionee is willing to support Optionor's proposed use of the Property as mitigation, provided that Optionee is afforded the opportunity to acquire the Property upon the terms and conditions set forth in this Option Agreement. 3. Term. This Agreement shall be effective as of the date of this Agreement and shall expire on the 12th day of March, 2011. 4. Exercise. Provided Optionee is not in default under this Agreement, this option may be exercised by Optionee's delivering to Optionor before the expiration of the Option Term written notice of the exercise ("Exercise Notice"), which shall state that the option is exercised subject to the condition that Optionee first agree to the Purchase Price, which shall be determined as set forth herein. Option Agreement Between San Diego Aircraft Carrier Museum and City of National City 5. Purchase Price. (a) Determination by Independent Appraiser. The Purchase Price for the Property shall be determined as follows: Optionor and Optionee, within thirty (30) days of delivery of the Exercise Notice, shall each retain an appraiser. The two appraisers shall confer and select an independent appraiser, who shall, within sixty (60) days of being selected, prepare an appraisal report containing an opinion of the fair market value of the Property, which report shall be delivered within five (5) days to Optionor and Optionee. The date of valuation to be used by the appraiser shall be the date of delivery of the Exercise Notice. The independent appraiser's opinion of fair market value shall constitute the Purchase Price. (b) Exchange of Alternate Mitigation Land. Seller originally acquired the Property for use as mitigation for the impacts to habitat caused by permanently mooring the aircraft carrier U.S. S. Midway (CV-41, decommissioned April 1992) to pier 1IA in San Diego and converting it to a museum. If other land becomes available that is deemed to be suitable alternate mitigation land by the regularity agencies having discretionary approval authority over Seller's project and if the cost of such other land is no greater than the purchase price as established according to Section 5(a) herein, then, as an alternative to the payment of the purchase price in cash, Buyer may first acquire such alternate mitigation land and convey it to Seller in exchange for the Property. 6. Representations and Warranties. If Optionee exercises this option, Optionor will convey title to the Property by grant deed. During the Option Term and until the Property is conveyed to Optionee, if this option is exercised, Optionor will not encumber the Property in any way nor grant any property or contract right relating to the Property without the prior written consent of Optionee. 7. Conditions to Option to Purchase. (a) It shall be a condition precedent to Optionee's option to purchase, for the benefit of Optionor, that Optionor be able to acquire, at a cost no greater than the Purchase Price for the Property as established herein, other land deemed to be suitable alternate mitigation land by the regulatory agencies having discretionary approval authority over Optionor's project. (b) It shall be a condition precedent to Optionee's exercise of the option to purchase, for the benefit of Optionee, that Optionee agree to the Purchase Price, which shall be determined as set forth herein. If the Purchase Price is not acceptable to Optionee, within thirty (30) days of the date that the independent appraiser's determination as to the fair market value is delivered to Optionee, Optionee may deliver to Optionor a notice rescinding the Exercise Notice, in which event this Agreement shall be of no further force or effect. If the Purchase Price is acceptable to Optionee, Optionee shall within thirty (30) days of the date that the independent appraiser's determination as to the fair market value is delivered to Optionee, deliver two (2) originals of the Purchase Agreement executed by Optionee, with the first Paragraph of the Purchase Agreement completed by insertion of the date in which the Purchase Agreement is signed by Optionee. 8. Execution of Purchase Agreement. On receipt by Optionor of the two (2) originals of the Purchase Agreement executed by Optionee, Optionor shall promptly execute the Purchase Agreement and deliver an executed copy to Optionee. Optionor's failure to execute and deliver a copy of the Purchase Agreement in accordance with this Section shall not affect the 2 Option Agreement Between San Diego Aituatt Carrier Museum and City of National City validity of the Purchase Agreement. The Purchase Agreement shall be immediately effective and binding on both Optionor and Optionee without further execution by the parties. 9. Time of Essence. Time is of the essence for this Option Agreement. If the option is not exercised in the manner provided in Section 4 before the expiration of the Option Term, Optionee shall have no interest in the Property and the option may not be revived by any subsequent payment or further action by Optionee. 10. Quitclaim Deed. If this Agreement is terminated, Optionee agrees, if requested by Optionor, to execute, acknowledge, and deliver a quitclaim deed to Optionor within then (10) days after termination and to execute, acknowledge, and deliver any other documents required by any title company to remove the cloud of this option from the Property. 11. Notices. All notices, demands, requests, exercises, and other communications under this Agreement by either party shall be in writing and: (a) sent by United States Certified Mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the United States mail, or (b) sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with that courier, or (c) sent by telecopy or similar means if a copy of the notice is also sent by United States Certified Mail; in which case notice shall be deemed delivered on transmittal by telecopier or other similar means, provided that a transmission report is generated that reflects the accurate transmission of the notices, as follows: TO OPTIONOR: Charles L. Nichols Project Manger San Diego Aircraft Carrier Museum 1355 North Harbor Drive San Diego, CA 92101 TO OPTIONEE: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 These addresses may be changed by notice to the other party, which notice shall comply with the notice requirements set forth herein. 12. Litigation Costs. If any legal action or any other proceeding, including arbitration or action for declaratory relief is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and other costs, in addition to any other relief to which the party may be entitled. "Prevailing party" shall include without limitation: (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party who receives performance from the other party of an alleged breach of covenant or a desired remedy where that is substantially equal to the relief sought in an action; or 3 Option Agreement Between San Diego Aim, aft Carrier Museum and City of National City (c) the party determined to be the prevailing party by a court of law. 13. Recordation. This Agreement or a memorandum thereof may be recorded by either party. 14. Survival. The terms of this Agreement shall survive the close of escrow of the Property unless there is a contradiction between the Real Estate Purchase and Sale Agreement and this Agreement, in which event the Real Estate Purchase and Sale Agreement shall control. 15. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assignees of the parties to this Agreement. 16. Waivers. No waiver of any breach of any covenant or provision in this Agreement shall be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 17. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting preparation and negotiation of this Agreement, (iii) each such party has had the opportunity to consult with party's own, independent counsel, and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement., or any portions hereof, or any amendments hereto. 18. Further Assurances. Whenever requested by the other party, each party shall execute, acknowledge, and deliver all further conveyances, agreements, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents, and all further instruments and documents as may be necessary, expedient, or proper to complete any conveyances, transfers, sales, and agreements covered by this Agreement, and to do all other acts and to execute, acknowledge, and deliver all requested documents to carry out the intent and purpose of this Agreement. 19. Third -Party Rights. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties to this Agreement and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 20. Integration. This Agreement contains the entire agreement between the parties, and expressly supersedes all previous or contemporaneous agreements, understandings, representations, or statements between the parties respecting the option for the Property. 21. Counterparts and Duplicate Originals. This Agreement may be executed in one or more counterparts or duplicate originals each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. 4 Option Agreement Between San Diego Aircraft Cartier Museum and City of National City 22. Amendment. This Agreement may not be amended or altered except by a written instrument executed by Optionor and Optionee. 23. Assignment. Optionee may assign this Agreement to the Community Development Commission of the City of National City. 24. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the inclusion of which would adversely affect the validity, legality, or enforceability of this Agreement shall be of no effect, but all the remaining provisions of this Agreement shall remain in full force. 25. Exhibits. All attached exhibits are incorporated in this Agreement by this reference. 26. Authority of Parties. All persons executing this Agreement on behalf of any party to this Agreement warrant that they have the authority to execute this Agreement on behalf of that party. 27. Governing Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with California laws. The parties have executed this Agreement as of the date first above written. SAN DIEGO AIRCRAFT CARRIER MUSEUM CITY OF NATIONAL CITY By: By: George H. Waters, Mayor By: 5 Option Agreement Between San Diego Aircraft Carrier Museum and City of National City 03/08/01 THU 12:04 FAX 858 488 0154 Nichols UNDERIPATNR KINETICS vxi VV Atm AV:GO 1'R.{, 005 t.t.1 aIAA / "a" 1-/A4,0411.51 Ptopaxeili EXHIBIT "A" Page 1 i ,.Nep awearao MAIL VHF pao Mo, otaa a ta.+n. sneM+ rawac a4NFTAX a1AXFMOa T•• IffIE 1Thatt 1GIK1 G11.424E01c(a) DOCJTKI WIT 41t4}1!!9'Fa T fit oaaal'ad FR 5A nips et rrMp.Ns (� ylaa..t •a tub valoa l.ra vow pU10150,10treti ATM troll �t vALUAELit CONSID t 4 ovation aitatatfor eo (S fad Unica INgts7'i17AL 411471=2Ea. a pa arm Now. 2655 Pout 4r.uae ear sap Dieu. G11ifotoia arm aa 1 rldp aawr t{a..7.043..744L tagtaw stek. M `aorP Aji' t( A93OCIA'eloti, a to tbo Mowing dcarriTxd Mal pied eMT to 'ii Hart Nutt of gwr'ear 244e tsar Ralf of tba tut half of is tha Cigr of Ikicional City. rccordiva to Nap ehsasof Po. tatotder of #itit DAaga oaaatY. NVZVITIP Mariana that Loottlagd Iadurorial Pa Ls6y Wad is t)ia 0ffi (buns, 1W' 15, 1169. 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PO tiatettlat• rL�q' ..avagonshAeWe.++ 1 Malt nit alatutegs W ftFt( won ad T414411Ic lefq r IQ MIT m Pub as t mac AFRO MIA Ziar. ..t 3'o•f cam` ' v 31r 858 488 0154 NW`54 �•' -colt .� pis' �+5•'�l ir irr 2 tAl6, CRAMS tut trio tIW 7J�t�i1i 5,4444044.015 aI raW rec. la ita. tto ss.f " ''i ro "fie 2FMrG T t 1 /I. • 662,•3IJ • ,. WT.2 OF2 • W AC q - ^ d` • IN at a u rr f -- w -' f MAP ea- SOUTHLAND IM UVRIA . PARK MIT NO. 2 MAP I86(M SOW- RHO DE LA NACiON - PON ABED (BR ROS t4$14,14411 r- 0 TO: AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS Escrow No.: EXHIBIT `B" Escrow Officer: Title Order No.: Title Officer: THIS AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of this day of , by and between the THE CITY OF NATIONAL CITY, a municipal corporation, ("Buyer"), and THE SAN DIEGO AIRCRAFT CARRIER MUSEUM, a non-profit corporation ("Seller"). RECITALS A. Seller desires to sell and convey to Buyer all of Seller's light, title and interest in and to the following: 1. That certain real property located in the City of National City, County of San Diego, State of California depicted by cross -hatching on Exhibit "A" attached hereto ("Land") and described in Exhibit `B" attached hereto, together with any buildings located thereon, ("Building") and all other improvements located thereon. The Building and such other improvements are referred to herein collectively as the "Improvements." 2. All rights, privileges, easements and appurtenances benefiting the Land and/or the Improvements, including, without limitation, all mineral and water rights and all easements, rights -of -way and other appurtenances used or connected with the beneficial use or enjoyment of the Land and/or the Improvements (the Land, the Improvements and all such rights, privileges, easements and appurtenances are collectively referred to as "Real Property"). 3. All personal property, furniture, machinery, equipment, supplies and fixtures (collectively "Personal Property") owned by Seller and located on the Land; and 4. All of Seller's interest in any intangible property used or useful in connection with the foregoing, including, without limitation, all contract rights, warranties, guaranties, licenses, permits, certificates, consents, entitlements, governmental approvals, certificates of occupancy which benefit the Real Property and/or the Personal Property and claims against insurance policies in existence prior to the Close of Escrow ("Intangible Personal Property"). The Real Property, the Personal Property, and the Intangible Personal Property are sometimes collectively hereinafter referred to as the "Property." B. Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller upon the terms and conditions hereinafter set forth. San Diego Aircraft Carrier Museum 1 Agreement of Purchase and Sale and Joint Escrow Instructions NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree that the terms and conditions of this Agreement and the instructions to Escrow Holder with regard to the escrow ("Escrow") created pursuant hereto are as follows: 1. PURCHASE AND SALE. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions herein set forth. 2. PURCHASE PRICE. 2.1 Determination by Independent Appraiser. The Purchase Price for the Property shall be determined as follows: Optionor and Optionee, within thirty (30) days of delivery of the Exercise Notice, shall each retain an appraiser. The two appraisers shall confer and select an independent appraiser, who shall, within sixty (60) days of being selected, prepare an appraisal report containing an opinion of the fair market value of the Property, which report shall be delivered within five (5) days to Optionor and Optionee. The date of valuation to be used by the appraiser shall be the date of delivery of the Exercise Notice. The independent appraiser's opinion of fair market value shall constitute the Purchase Price. 2.2 Exchange of Alternate Mitigation Land. Seller originally acquired the Property for use as mitigation for the impacts to habitat caused by permanently mooring the aircraft carrier U.S.S. Midway (CV-41, decommissioned April 1992) to pier 11A in San Diego and converting it to a museum. If other land becomes available that is deemed to be suitable alternate mitigation land by the regularity agencies having discretionary approval authority over Seller's project and if the cost of such other land is no greater than the purchase price as established according to Section 2.1 herein, then, as an alternative to the payment of the purchase price in cash, Buyer may first acquire such alternate mitigation land and convey it to Seller in exchange for the Property. 3. ESCROW. 3.1 Opening of Escrow. Escrow shall be deemed opened on the date Escrow Holder receives a fully executed original or originally executed counterparts of this Agreement from both Buyer and Seller (such date being the "Opening of Escrow"). Escrow Holder shall notify Buyer and Seller in writing of the date Escrow is opened. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or other instruments as may reasonably be required by Escrow Holder to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portions of this Agreement. If there is any conflict or inconsistency between such supplemental instructions and this Agreement, this Agreement shall control. San Diego Airmail Carrier Museum 2 Agreement of Purchase and Sale and Joint Escrow Instructions 3.2 Close of Escrow. "Close of Escrow" shall be the date that the grant deed, the form of which is attached hereto as Exhibit "C" ("Grant Deed"), conveying the Property to Buyer, is recorded in the Official Records of San Diego County, California ("Official Records"). Unless extended in writing by Buyer and Seller or unless extended pursuant to the terms and provisions of Section 6.1.2 hereof the Close of Escrow shall occur on date (the "Closing Date") which is the tenth (loth) day following he date on which all conditions to Buyer's obligation to consummate the purchase of the Property, as more particularly set forth in Section 6, are fully and timely satisfied by Seller or waived by Buyer. Seller shall deliver possession of the Property to Buyer upon the close of Escrow, subject only to the "Approved Condition of Title" (as defined in Section 4 below) and the provisions of the Grant Deed. 4. CONDITION OF TITLE. As used herein, the term "Approved Condition of Title" shall mean the following approved conditions of and exceptions to title: 4.1 A lien to secure payment of real estate taxes, not delinquent; 4.2 The lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code ("Code"), but only to the extent that such supplemental taxes are attributable to the transaction contemplated by this Agreement. Seller shall be responsible for, and shall indemnify, protect, defend (with counsel chosen by Buyer) and hold harmless Buyer and the Property from and against any and all supplemental taxes assessed pursuant to the Code, to the extent that such taxes relate to events (including, without limitation, any changes in ownership and/or new construction) occurring prior to the Close of Escrow; 4.3 Matters affecting the Property which are created by or with the written consent of Buyer; and 4.4 All exceptions that are disclosed by the Report described in Section 6.1.1 hereof and which are approved by Buyer in accordance with Section 6.1.1. Seller covenants and agrees that during the term of the Escrow, it will not cause or permit any new exceptions to title to the Property. Any liens, encumbrances, encroachments, easements, restrictions, conditions, covenants, rights, rights -of -way or other matters affecting the Approved Condition of Title which may appear on or off record or be revealed after the date of the Report described in Section 6.1.1 below shall also be subject to Buyer's approval. 5. TITLE POLICY. It shall be a condition to Buyer's obligation to consummate the transaction contemplated in this agreement and title shall be evidenced by the willingness and ability of Escrow Holder in its capacity as title insurer ("Title Company") to issue upon the Closing Date to Buyer its CLTA Standard Coverage Policy of Title Insurance ("Title Policy") in the amount of the Purchase Price with such endorsements as Buyer may reasonably request, showing title to the Property vested in Buyer and subject only to the Approved Condition of Title. San Diego Aircraft Carrier Museum 3 Agreement of Purchase and Sale and Joint Escrow Instructions 6. CONDITIONS TO CLOSE OF ESCROW. 6.1 Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to consummate the transaction contemplated by this Agreement are subject to the satisfaction of the following conditions for Buyer's benefit which shall be evidenced only by Buyer's written approval or waiver on or prior to the dates designated below for the satisfaction of such conditions. In the event that Buyer either terminates this Agreement pursuant to the terms of this Section 6 or fails or declines to approve in writing any of the matters set forth in this Section 6 or one or more of the following conditions to Buyer's obligations to acquire the Property has not been approved, satisfied or waived on or before the Close of Escrow, the Escrow created pursuant hereto shall terminate. 6.1.1 Title. Buyer shall have approved the legal description of the Property and any matters of title as disclosed by the following documents (collectively, "Title Documents"): (A) a standard preliminary title report issued by Title Company with respect to the Real Property, as such report may be amended or supplemented from time to time to reflect additional title matters or survey exceptions ("Report"); and (B) legible copies of all documents, whether recorded or unrecorded, referred to in the Report. Buyer shall have until the expiration of the Contingency Period, as defined in subsection 6.1.2, to give Seller and Escrow Holder written notice ("Buyer's Title Notice") of Buyer's disapproval or conditional approval of the legal description or any matters shown in or disclosed by the Title Documents. If Buyer disapproves or conditionally approves any of the foregoing matters, Seller may, within five (5) days after its receipt of Buyer's Title Notice, elect to eliminate to Buyer's sole satisfaction such disapproved or conditionally approved matters. Within such five (5) day period, Seller shall give Buyer written notice ("Seller's Title Notice") of those disapproved or conditionally approved matters, if any, which Seller covenants and agrees to either eliminate from the Title Policy as exceptions to title to the Property or to ameliorate to Buyer's satisfaction by the Closing Date as a condition to the Close of Escrow for Buyer's benefit. If Seller does not elect in Seller's Title Notice to eliminate or ameliorate any disapproved or conditionally approved matters as provided above, or if Buyer disapproves, in Buyer's discretion, Seller's Title Notice, then Buyer shall have the right, by a writing delivered to Seller and Escrow Holder prior to the Closing Date, to: (A) waive its prior disapproval, in which event said disapproved matter(s) shall be deemed approved, or (B) terminate this Agreement and the Escrow created pursuant hereto. 6.1.2 Review and Approval of Documents and Materials. Seller shall deliver to Buyer within ten (10) days after the Opening of Escrow the documents and materials respecting the Property set forth below which are in Seller's possession or control or are reasonably available to Seller and to the extent Seller has actual knowledge thereof at no expense to Seller ("Documents and Materials"). From the Opening of Escrow until 5 p.m. on that date which is sixty (60) days after the Opening of Escrow ("Contingency Period"), Buyer shall have the right to review and approve or disapprove, in its sole discretion, any or all of the Documents San Diego Aircraft Carrier Museum 4 Agreement of Purchase and Sale and Joint Escrow Instructions and Materials; provided, however, the Contingency Period and Closing Date shall be extended by one (1) day for every day that Seller is late in delivering any of the Documents and Materials or any of the Title Documents beyond the date that Seller is required hereunder to deliver the same to Buyer. 6.1.2.1 Improvement Plans. Complete "as -built" plans, drawings and specifications relating to all of the Improvements ("Improvement Plans"); 6.1.2.2 Agreements. Legible copies of any and all insurance policies, construction contracts, warranties, management contracts, maintenance contracts, service contracts, reciprocal easement agreements, if any, utility will -serve letters and any other contracts or agreements affecting or relating to the ownership, operation, maintenance, construction or development of the Property, including, without limitation, copies of all warranties with respect thereto (collectively "Contracts"); 6.1.2.3 Soils and Engineering Reports. All existing and available soils, environmental and building reports, assessments and surveys and engineering data pertaining to the Real Property or any portion thereof and any and all architectural studies, grading plans, topographical maps and similar data respecting the Real Property; 6.1.2.4 Maps. Any and all tentative, parcel and/or final maps and any other governmentally approved or processed documents relative to the subdivision of the Land ("Maps"); and 6.1.2.5 Permits, Entitlements and the Like. Any and all building and development permits, certificates of occupancy, utility will -serve letters, use permits and other governmental approvals and/or entitlements relative to the Property; and 6.1.2.6 Miscellaneous. Any other documents in Seller's possession or control that relate to the Property that Buyer shall reasonably request. 6.1.3 Inspections and Studies. On or before the expiration of the Contingency Period, Buyer shall have the right to conduct and/or approve or disapprove in Buyer's sole discretion, the results of any and all inspections, investigations, tests and studies, including, without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections, engineering tests, economic feasibility studies and soils, seismic and geologic reports, as well as toxic and environmental studies and reports with respect to the Property, inspections of all or any portion of the Improvements (including, without limitation, structural, mechanical and electrical systems, roofs, pavement, landscaping and public utilities), and any other physical inspections and/or investigations as Buyer may elect to make or obtain. 6.1.3.1 During the term of this Escrow, Buyer shall be given access by Seller to review Seller's books and records relating to the Property, and Buyer, its agents, consultants, contractors and subcontractors shall have the right to enter upon the Property to conduct or make any and all inspections and tests (including, without limitation, soil and San Diego Aircraft Carrier Museum 5 Agreement of Purchase and Sale and Joint Escrow Instructions environmental assessments of the Real Property) as may be necessary or desirable in Buyer's sole discretion. Buyer hereby indemnifies and holds Seller and the Property harmless from and against any and all costs, losses, damages or expenses arising out of or resulting from such entry upon the Property by Buyer, its agents, consultants, contractors and subcontractors, which indemnification shall survive the termination of this Agreement. 6.1.4 Representations, Warranties and Covenants of Seller. Seller shall have duly performed each and every covenant and agreement to be performed by Seller pursuant to this Agreement and Seller's representations, warranties and covenants set forth in Section 11 hereof shall be true and correct as of the Closing Date. 7. DEPOSITS BY SELLER At least one (1) business day prior to the Close of Escrow, Seller shall deposit or cause to be deposited with Escrow Holder the following documents and instruments: 7.1 Grant Deed. The Grant Deed conveying the Real Property and Improvements to Buyer duly executed by Seller, acknowledged and in recordable form in the form attached hereto as Exhibit "C"; 7.2 Other Instruments. Such other instruments and documents as are described in Section 12.6 herein including evidence reasonably acceptable Title Company that the documents delivered to Buyer by Seller have been duly authorized by Seller, duly executed on behalf of Seller and when delivered constitute the valid and binding obligations of Seller. 8. COSTS AND EXPENSES. The cost of the CLTA Title Policy, the escrow fee of Escrow Holder and all documentary transfer taxes payable in connection with recordation of the Grant Deed shall be shared equally by Seller and Buyer. Buyer and Seller shall pay, respectively, the Escrow Holder's customary charges to buyers and sellers for document drafting, recording and miscellaneous charges. If, as a result of no fault of Buyer or Seller, Escrow fails to close, Buyer and Seller shall share equally all of Escrow Holder's fees and charges. 9. PRORATIONS. The following prorations between Seller and Buyer shall be made by Escrow Holder computed as of the Close of Escrow. 9.1 Toros. Real and personal property taxes and assessments on the Property shall be prorated as of the Close of Escrow. 9.2 Utilities. Gas, water, electricity, heat, fuel, sewer and other utilities relating to the Property shall be prorated as of the Close of Escrow. If the parties are unable to obtain final meter readings as of the Close of Escrow, such expenses shall be estimated as of the Close of Escrow on the basis of the prior operating history of the Property. 9.3 Insurance Premiums. Premiums on all existing insurance policies shall be prorated if the policies are assigned to Buyer and if the insurance company accepts the assignment. San Diego Aircraft Carrier Museum 6 Agreement of Purchase and Sale and Joint Escrow Instructions At least one (1) business day prior to the Close of Escrow, the parties shall agree upon all of the prorations to be made and submit a statement to Escrow Holder setting forth the same. In the event that any prorations, apportionments or computations made under this Section 9 shall require final adjustment, then the parties shall make the appropriate adjustments promptly when accurate information becomes available and either party hereto shall be entitled to an adjustment to correct the same. Any corrected adjustment or proration shall be paid in cash to the party entitled thereto. 10. DISBURSEMENTS AND OTHER ACTIONS BY ESCROW HOLDER. Upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following in the following manner: 10.1 Proration. Prorate all matters referenced in Section 9 based upon the statement delivered into Escrow signed by the parties; 10.2 Recordinif. Cause the Grant Deed and any other documents which the parties hereto may mutually direct, to be recorded in the Official Records in the order directed by the parties; 10.3 Funds. From funds to be deposited by the parties, pay all items chargeable to the account of the parties; 10.4 Documents to Buyer. Deliver to Buyer originals of any documents which are to be delivered to Buyer hereunder, and, when issued, the Title Policy; and 10.5 Title Policy. Direct the Title Company to issue the Title Policy to Buyer. 11. COVENANTS OF SELLER. Seller hereby covenants with Buyer as follows: 11.1 No Further Contracts. From and after the date of this Agreement, Seller shall not, without the prior written consent of Buyer, which consent Buyer may withhold in its sole discretion, enter into any agreement or contract, or any modification of any agreement or contract, affecting or relating to the Property which will survive the Close of Escrow or will otherwise affect the use, operation or enjoyment of the Property after the Close of Escrow. Seller shall be solely responsible for all obligations imposed under any contract which Buyer elects not to accept. 11.2. Insurance. All insurance policies carried by Seller with respect to the Property and in effect as of the date of this Agreement shall remain continuously in full force and effect from the date of this Agreement through the day upon which the Close of Escrow occurs; San Diego Aircraft Carrier Museum 7 Agreement of Purchase and Sale and John Escrow Instructions 11.3 Notification. Seller shall promptly notify Buyer of any change in any condition with respect to the Property or of any event or circumstances which makes any representation or warranty of Seller to Buyer under this Agreement untrue or misleading, and of any covenant of Seller under this Agreement which Seller will be incapable of performing or less likely to perform. 12. REPRESENTATIONS AND WARRANTIES. In consideration of the parties entering into this Agreement, the parties make the following covenants, representations and warranties, each of which shall survive the Closing, is material and is being relied upon by the parties and the continued truth and accuracy of which shall constitute a condition precedent to Buyer's obligations hereunder. 12.1 Representations Regarding Parties' Authority. 12.1.1 The parties have the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby; 12.1.2 All requisite action (corporate, trust, partnership or otherwise) has been taken by the parties in connection with the entering into this Agreement, the instruments referenced herein, and the consummation of the transaction contemplated hereby. As to Buyer, this Agreement was authorized by the City Council of the City of National City. No further consent of any judicial or administrative body, governmental authority or other party, entity or person is required; 12.1.3 The individuals executing this Agreement and the instruments referenced herein on behalf of the parties have the legal power, right, and actual authority to bind the parties to the terms and conditions hereof and thereof, 12.1.4 This Agreement and all documents required hereby to be executed by the parties are and shall be valid, legally binding obligations of and enforceable against the parties in accordance with their terms; and 12.1.5 Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which the parties are a party or affecting the Property. 12.2 Actions. Except as shown by the Report, to Seller's knowledge there are, and at the Close of Escrow there will be, no pending actions, suits, arbitrations, claims or proceedings, at law, in equity or otherwise, affecting, or which may affect, all or any portion of the Property or in which Seller is or will be a party by reason of Seller's ownership of the Property, including, but not limited to, judicial, municipal or administrative proceedings in eminent domain, collection actions, alleged building code violations, health and safety violations, San Diego Aircraft Carrier Museum 8 Agreement of Purchase and Sale and Joint Escrow Instructions federal, state or local agency actions regarding environmental matters, federal environmental protection agency or zoning violations, employment discrimination or unfair labor practices, or worker's compensation, personal injuries or property damages alleged to have occurred at the Property or by reason of the condition or use of or construction of the Property. Seller has not filed or been the subject of any filing of a petition under the Federal Bankruptcy Law or any insolvency laws, or any laws for composition of indebtedness on for the reorganization of debtors. Seller is not aware of the existence of any threatened or contemplated actions, claims or proceedings or of the existence of any facts which might give rise to any such actions, claims or proceedings and Seller shall protect, indemnify and hold Buyer harmless from and against any causes of action arising out of or relating to the Property, where the incidents or events which are the basis of any such lawsuit or cause of action are alleged to have occurred prior to the Closing; 12.3 Compliance with Law. To Seller's knowledge, there is no outstanding violation of any applicable laws, ordinances, rules, requirements, regulations, building codes and environmental rules of any governmental agency, body or subdivision thereof bearing on the Property and the construction of the Improvements have been complied with; 12.4 Agreements. To Seller's knowledge there are no agreements (whether oral or written), affecting or relating to the right of any party with respect to the possession of the Property, or any portion thereof, which are obligations which will affect the Property or any portion thereof subsequent to the recordation of the Grant Deed except as set forth in the Contracts provided to and approved by Buyer in accordance with Section 6.1.2.2 hereof or as may be reflected in the Approved Condition of Title; 12.5 Documents True. To Seller's knowledge all documents delivered by Seller to Buyer pursuant to this Agreement are true, accurate, correct and complete copies of originals and any and all information prepared by Seller or at Seller's direction and supplied to Buyer by Seller in accordance with Section 7 hereof are true, accurate, correct and complete; 12.6 No Other Documents. The documents delivered by Seller to Buyer pursuant to Section 6.1.2 above are all of the documents known by Seller to exist relative to the use, ownership, maintenance, management and construction on or of the Property. Seller has not assigned its rights thereunder to any other person, firm or entity. 12.7 No Notices. Seller has received no notice of (i) any change contemplated in any applicable laws, ordinances or restrictions, (ii) any judicial or administrative action, (iii) any action by adjacent landowners, or (iv) natural or artificial conditions upon the Property or adjoining property which would prevent, impede, limit or render more costly Buyer's contemplated use of the Property; 12.8 Taxes. Other than the amounts disclosed by the tax bills delivered to Buyer by Seller, to Seller's knowledge no other real property taxes or assessments have been or will be assessed against the Real Property for the current tax year. Seller has no knowledge, and Seller has received no notice to the contrary, of any special assessments or charges which have been levied against the Property or which will result from work, activities or improvements done to the Property by Seller or of any intended public improvements which will result in any San Diego Aircraft Carrier Museum 9 Agreement of Purchase and Sale and Joint Escrow Instructions charge being levied against, or in the creation of any lien upon, the Property or any portion thereof; 12.9 Utilities. To Seller's knowledge, the Improvements are and, as of the Closing Date, shall be connected to and served by water, solid waste and sewage disposal, drainage, telephone, gas, electricity and other utility equipment facilities and services required by law and which are adequate for the contemplated use and operation of the Property, or any portion thereof, and which are installed and connected pursuant to valid permits and are in full compliance with all governmental authorities with jurisdiction. To the best knowledge of Seller, no fact or condition exists which would result in the termination or impairment in the furnishing of utility services to the Improvements. Seller has not received any notice from any individual or entity indicating that any of such facilities are inadequate or are not in good operating condition; 12.10 Soils Defects. To the best knowledge of Seller, no defects or conditions of the soil will impair the contemplated use and operation of the Property or any portion thereof 12.11 Insurance Notices. Seller has not received any notice from any of Seller's insurance carriers of any defects or inadequacies in the Property or any portion thereof which would adversely affect the insurability of the Property or the cost of any such insurance. No insurance claims are pending with respect to all or any portion of the Property; 12.12 FIRMA. Seller is not a "Foreign Person" within the meaning of Section 1445(0(3) of the Internal Revenue Code of 1986; and 12.13 Representations and Warranties at Closing. The representations and warranties of the parties set forth in this Agreement shall be deemed to be remade and restated by Seller on and as of the Close of Escrow. 13. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: San Diego Aircraft Carrier Museum 10 Agreement of Purchase and Sale and Joint Escrow Instructions. TO BUYER: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 TO SELLER: Charles L. Nichols Project Manger San Diego Aircraft Carrier Museum 1355 North Harbor Drive San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 14. MISCELLANEOUS. 14.1 Survival of Covenants. The covenants, representations and warranties of Seller set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Escrow. 14.2 Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the Close of Escrow in accordance with the provisions hereof. 14.3 Computation of Time Periods. If the date upon which the Contingency Period expires, the Closing Date or any other date or time period provides for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. 14.4 Counterparts. This Agreement may be executed in multiple originals or counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 14.5 Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 14.6 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. San Diego Aircraft Carrier Museum 11 Agreement of Purchase and Sale and Joint Escrow Instructions 14.7 Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 14.8 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 14.9 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 14.10 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14.11 Fees and Other Expenses. Except as otherwise provided herein, each of the parties hereto shall pay its own fees and expenses in connection with this Agreement. 14.12 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 14.13 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 14.14 Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting preparation and negotiation of this Agreement, (iii) each such party has had the opportunity to consult with party's own, independent counsel, and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 15. NO WARRANTIES GIVEN BY SELLER. Buyer acknowledges that Buyer is purchasing the Property solely in reliance on Buyer's own investigation, and that no representations or warranties of any kind whatsoever, express or implied, have been made by Seller, or Seller's representatives, concerning the site and physical conditions, or any other matters affecting the use and condition of the Property, except as set forth in this Agreement. Buyer further agrees to purchase the Property in the condition that it is in at Close of Escrow. San Diego Aircraft Carrier Museum 12 Agreement of Purchase and Sale and Joint Escrow Instructions 16. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof; the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association the ("AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing: Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. Buyer's Initials Seller's Initials IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER BUYER SAN DIEGO AIRCRAFT CITY OF NATIONAL CITY CARRIER MUSEUM By: Name: Title: By: Name: Title: By: George H. Waters, Mayor San Diego Aircraft Carrier Museum 13 Agreement of Purchase and Sale and Joint Escrow Instructions Acceptance by Escrow Holder: hereby acknowledges that it has received a fully executed original or original executed counterparts of the foregoing Agreement of Purchase and Sale and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: , 2001 (Title Company) By: Its Authorized Agent San Diego Aircraft Carrier Museum 14 Agreement of Purchase and Sale and Joint Escrow Instructions City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 13, 2001 5 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION DENYING A PLANNED DEVELOPMENT PERMIT APPLICATION FOR A 93-UNIT EXTENDED STAY HOTEL AT THE NORTHWEST CORNER OF PLAZA BOULEVARD AND INTERSTATE 805. (APPLICANT: EXTENDED STAY AMERICA) (CASE FILE NO.: PD-2000-9) PREPARED BY Steve Ray G� DEPARTMENT Planning EXPLANATIONGeorge H. Eiser III City Attorney The Council voted to delay action on this resolution for 60 days at the request of the applicant's representative at last week's meeting. Extended Stay America proposed to meet with citizens and attempt to satisfy their concerns regarding the project that were presented to Council at the February 27 hearing. However, the Land Use Code requires that a resolution be adopted finalizing Council's decision on a conditional use permit within 20 days following the public hearing. To comply with the Code, the attached resolution would need to be adopted by March 13. An alternative that may be considered would be to rescind the action taken at the hearing and to set a new public hearing. This could be scheduled for April 10 at the latest, in accordance with Code required procedures. At that time, testimony could be heard on whether the matter should be further considered and the hearing continued. Another option is that a resolution could be adopted stating that the project was denied without prejudice. This would allow ESA to re -apply at any time, instead of waiting for the Code required period of a year. The re -application process would necessitate a Planning Commission hearing. Environmental Review Financial Statement N/A .fA A Negative Declaration was proposed but not adopted. Account No. STAFF RECOMMENDATION aZCP Take action on one of the alternatives described above. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. 20 01- 34 A-200 (9/80) RESOLUTION NO. 2001— 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A PLANNED DEVELOPMENT PERMIT APPLICATION FOR A 93-UNIT EXTENDED STAY HOTEL AT THE NORTHWEST CORNER OF PLAZA BOULEVARD AND INTERSTATE 805. (Applicant: Extended Stay America) (Case File No. PD-2000-9) WHEREAS, the appeal to the City Council of the Planning Commission's denial of a Planned Development Permit application (PD-2000-9) was considered by the City Council of the City of National City at a public hearing held on February 27, 2001, at which time oral and documentary evidence was presented; and WHEREAS, at said . public hearing the City Council considered the staff report contained in Case File Nos. PD-2000-9 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on February 27, 2001 fail to support findings, required by the Municipal Code for granting any Planned Development Permit, that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to City Council at the public hearing held on February 27, 2001 support the following findings: 1. That the proposed use will have an adverse effect upon adjacent or abutting properties, since the rooms have the potential to be used as small, long-term studio apartments without the necessary parking and open space for such use, and since the project will not includethe required on -site manager's unit to ensure users of the facility do not disrupt adjacent properties. 2. That the proposed use will have an adverse effect upon adjacent or abutting properties, beratuce the sip of the project and height of the buildings proposed to be constructed, together with the traffic generated by the project, make the project incompatible with the adjacent residential neighborhood. Resolution No. 2001— 34 March 13, 2001 Page 2 of 2 2. That the proposed use is not deemed essential and desirable to the public convenience and welfare, as reflected in the Land Use Code, which requires a manager's unit and prohibits hotel stays longer than 30 days and kitchenette facilities in hotels, and the City Council considered but denied Code amendments to delete the requirement for a manager's unit and to allow kitchen facilities and unlimited stays. BE IT FURTHER RESOLVED that the City Council hereby denies Planned Development Permit Application No. PD-2000-9. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 13th day of March, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, id&•:= III City Attorney LA JOLLA CORPORATE CENTER 3262 HOLIDAY COURT, SUITE 100 LA JOLLA, CA 92037 LAW OFrtcriS L. DANIEL MALCOLM March 8, 2001 Via Facsimile and U.S. Mail Mr. Steve Ray Planning Department CITY OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 Re: Extended Stay Rotel — Permit Application Request to Continue Public Rearing Dear Steve: TEL: t858) 875-0219 FAX: (858) 5874912 malclawerpgcomrnerciaLcorn On behalf of my client, Extended Stay America, please consider this communication a request to continue the public hearing on the above referenced item to the April 10, 2001 city council meeting. As I indicated to the city council last week, Extended Stay America requests the additional time to meet with residents concerned with project in an effort to satisfy or mitigate any potential concerns that the surrounding residents may have. We thank you for your consideration of this request. Respectfully Submitted, LAW OFFICES OF L. DANIEL MALCOLM t � C L. Daniel Malcolm cc: Kent Carpenter —Extended Stay America City of National City, California COUNCIL AGENDA STATE ENT MEETING DATE March 13, 2001 AGENDA ITEM NO. CITY CLERK'S OFFICE - POSITION CLASSIFICATION AND COMPENSATION ADJUSTMENTS PREPARED BY Tom G. McCabe EXPLANATION See attached. DEPARTMENT City Manager 6 Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt new classifications for City Clerk (Elective), Records Management Officer and salary band. BOARD/COMMISSION RECOMMENDATION N/A TT CHMENTS (Listed Below) 1. Class Specification — City Clerk (Elective) 2. Class Specification — Records Management Officer 3. City Clerk's Request for Compensation Ad'ustment — Agenda of 2/27/01 Resolution No. A-200 (Rev_ 9/80) EXPLANATION At the City Council meeting of 2/27/01, the City Clerk's request for a compensation adjustment was considered. Council directed this office to bring back a bifurcated approach to accomplish the request. CLASSIFICATION Attached are two class specifications separating the current duties and responsibilities of the office. • The first, City Clerk (Elective), defines the obligations of the office under State law. • The second establishes the new classification of Records Management Officer, for duties which the office is currently performing. This will serve to define the role of each classification and set minimum qualifications and the knowledge, skills and abilities of those holding the positions. To hold both positions, the elected incumbent would be required to meet both sets of qualifications and be appointed to the Records Management Officer position. Otherwise, another individual meeting the necessary qualifications would be appointed. COMPENSATION City Council directed that a salary band be created at 10% below that of the City of La Mesa's comparable position. • La Mesa's Director of Records and Elections position has a salary band of $5,205 - $6,245/mo. • La Mesa's part-time elected City Clerk position receives $579/mo. - - No salary increases are presently planned. - - Moves through salary band on approval of the City Manager. • 10% below La Mesa would make National City's salary band for Records Management Officer $4,685 - $5,620. • If National City's City Clerk position remains as part-time elected, it would be compensated at the same level as the City Council and City Treasurer. • The Records Management Officer would be aligned with the Management Compensation Plan. CITY CLERK (Elective) City of National City CLASS SPECIFICATION Approved: DEFINITION This is a part-time elected position whose duties are defined by the government code and salary is fixed by Resolution of the City Council. DUTIES The City Clerk shall keep an accurate record of the proceedings of the legislative body in books bearing appropriate titles with a comprehensive general index; shall keep a book marked "ordinances" and record in it all City ordinances; shall act as custodian of the City Seal; administer oaths and certify documents. QUALIFICATIONS Must be a qualified elector and resident of the City of National City and elected by a majority vote of the citizens of National City.■ RECORDS MANAGEMENT OFFICER City of National City CLASS SPECIFICATION Approved: DEFINITION Under general direction of the City Manager, prepares and maintains minutes of the City Council and various board meetings; serves as the custodian of records and official City documents; prepares for and conducts elections; supervises staff; and performs related duties as required. EXAMPLES OF TYPICAL DUTIES Oversees and maintains the official records for the City; certifies copies of City documents; maintains a records management system and records retention schedule for records of the City; prepares Council minutes; records and maintains legislative actions of City Council Meetings on document imaging and computer indexing systems; administers and maintains the National City Municipal Code; as the City's election official, administers and coordinates general municipal elections and special elections; receives petitions relating to initiative, referendum or recall and administers the process on behalf of the City; accepts subpoenas and all claims filed with the City, maintaining a log; files notices of completion for City projects and process documents for recording or filing with the County Recorder's Office (deed, contracts, etc.); performs duties relating to improvements district proceedings, street vacations, annexations, unsafe/substandard properly/nuisance proceedings, hazardous materials incidents, abandoned vehicles, weed and sewer abatement; sets public hearing before the City Council and provides notice as required by law (publish in newspaper and written notification); serves as filing officer for campaign disclosure statements and statements of economic interests under regulations of the Fair Political Practices Commission; maintains appointive list of all City Commissions/Boards and advises Council when terms are to expire; maintains a list of individuals interested in serving on commissions/boards: coordinates filing of applications for commissions; researches matters and/or provides a place for research for the general public and City departments; administers the records management office and prepares and controls the budget for the office; maintains contracts, bonds, insurance certificates, etc. for projects within the City and release when appropriate; registers voters; responds to information requests from citizens, staff and the business community; manages all incoming and outgoing central mail for City Hall; and performs such other duties as prescribed by the City Council. MINIMUM QUALIFICATIONS Graduation from an accredited college or university with a bachelor's degree in Public or Business Administration, Information Technology, Records Management or closely related field and at least three (3) years of office and records management experience. Proficiency in computer systems and certification as a Municipal Clerk is highly desirable. KNOWLEDGE, SKILLS AND ABILITIES Knowledge of City, State and Federal laws and processes as they relate to the City Clerk's Office and City Council; ability to compose correspondence on official actions with appropriate references to City codes; extensive knowledge of modern office procedures, equipment and records management; ability to deal effectively and courteously with City and other agency staff and the public; demonstrated supervisory and administrative ability; excellent proofreading skills; effective oral and written communication skills; willingness to stay current in modem office practices and recommend changes in equipment; working knowledge of election and related laws and with political reform requirements; knowledge of word processing; ability to drive a City vehicle under California licensing safely; ability to work evenings.■ City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 27, 2001 10 AGENDA ITEM NO. ITEM TITLE COMPENSATION ADJUSTMENT - CITY CLERK PREPARED BY Tom G. McCabe ` DEPARTMENT City Manager EXPLANATION. Attached is a communication to the Mayor and City Council submitted by the City Clerk regarding compensation. The Mayor requested that it be placed on the Agenda with any comments deemed appropriate. Applicable observations are summarized as follows: • From a personnel administration standpoint, a competitive salary is always valid. This can be defined as a salary paid comparable positions in parallel agencies, which is normally an average of minimum and maximum salaries. • The concept of "ranges" is not unusual but rather the standard for City Clerks throughout the region. • Some of the data used may be dated as periodic adjustments have occurred. New figures are at a higher level and would only enhance the justifications cited in the memorandum. • The comparison with the City of La Mesa is realistic as it is similar to National City in population, size, budget, and functions. Environmental Review Financial Statement N/A N/A Account No N/A TAFF RECOMMENDATION City Council Direction. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Communication to Mayor and City Council A-200 (Rev. 9/00) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 February 8, 2001 To: Mayor and City Council From: Michael Dalla, City Clerk R Subject: Compensation Adjustment In 1999, the City Council adopted and implemented "The Managerial Compensation Plan" for Executive and Management Personnel, effective at the start of the first pay period in Fiscal Year 1999-2000. The plan, in part, called for the following: 1. The City's compensation philosophy is to establish and maintain a compensation structure based on market place norms and internal alignment. 2. The Management Compensation Plan and its compensation survey component is to be updated periodically with recommended revisions proposed by the City Manager to the City Council, as necessary. 3. The City's goal is to be "at market" by June 30, 2002, and to maintain this position using this Plan in future years. 4. The City Manager was directed to reflect the compensation plan in the Final Budget for Fiscal Year 1999-2002. M Recycled Paper Mayor and City Council Page Two Despite the fact that the City Clerk's compensation in National City is last among all comparable cities in the county and 50 % below the average, the City Council, at the time, excluded the City Clerk from the Executive Compensation Plan adjustments that began in 1999. The City Council decided, instead, that the salary of the City Clerk "should be increased by the same percentages, and subject to the same conditions, as the salary increases of Municipal Employees' Association (MEA) members for Fiscal Years 1999 and 2000." Tying salary adjustments for the City Clerk to those received by the Municipal Employees Association failed to address a fundamental question and discrepancy that is overdue for resolution. Namely, is the City Clerk's base compensation fair and equitable when compared to other City Clerks, both elected and appointed, in San Diego County; and if not, how to best go about correcting the disparity. Recommendation That the City Clerk be included in the 'Management Compensation' Plan adopted in 1999 and be placed in a salary band. That the bottom of the band be the current salary of the National City City Clerk and the top of the band be no more than 10% less than the top of the band for the elected City Clerk of La Mesa. That effective at the start of fiscal years 2000-2001, 2001-2002 and 2002- 2003 the salary of the City Clerk shall be increased in equal amounts sufficient to bring the Clerk's salary to the top of the above mentioned salary band (= to 10% less than La Mesa). That future band adjustments be at the same time and manner prescribed in the 'Managerial Compensation Plan' and future salary adjustments shall be sufficient to maintain the City Clerk of National City at a rate no more than 10% below the elected City Clerk of La Mesa. 2 City Clerk Salary Data and Ranking Ci Min Max Actual Auto TOTAL Rank Chula Vista $7,782.00 $7,782.00 $285.00 $8,067.00 1 Del Mar $5,215.00 $6,414.00 $6,414.00 $450.00 $6,864.00 2 Vista $5,094.00 $6,383.00 $6,383.00 $396.00 $6,779.00 3 Escondido $4,902.00 $8,510.00 $6,333.00 $250.00 $6,583.00 4 San Marcos $6,000.00 $9,000.00 $6,269.00 $250.00 $6,519.00 5 Poway $6,125.00 $6,125.00 $300.00 $6,425.00 6 Oceanside $6,223.00 $6,223.00 $6,223.00 7 La Mesa $5,258.00 $6,308.00 $5,905.00 $150.00 $6,055.00 8 Salona Beach $4,704.00 $5,732.00 $5,619.00 $200.00 $5,819.00 9 Encinitas $4,737.00 $5,758.00 $5,483.00 $300.00 $5,783.00 10 Coronado $3,625.00 $5,103.00 $4,533.00 $4,533.00 11 Average Median National City Elected Clerks Only $6,097.00 50% $6,332.00 56% $6,223.00 54% $6,425.00 59% $4,047.00 $4,047.00 $4,047.00 Escondido Oceanside La Mesa $6,333.00 $6,223.00 $5,905.00 $6,583.00 $6,223.00 $6,055.00 Average $6,154.00 plus 52% $6,287.00 plus 55% Median $6,223.00 plus 54% $6,223.00. plus 54% National City $4,047.00 $4,047.00 FROM : SCAPAL "I"Cclin"rime% Southwest Center For Asian Pacific American Law Board of Directors mommimoommie Marty Lorenzo Griair Ashley G. Abano Robert W. Brownlie David P. Chan J.R. Chantengco Maria Fuchs KLu F. Fo nzales zales kumura Go an Hon? Palma Cesar Hooper SalLee ly Mario Lorang Bonnie Martinez Leland T. Salto Jesse P.M. Santos Timothy C Stutter Levin G. Sy Executive Directors Maria Fuchs Sally Mariko Lorang FAX NO. : 6193360291 Mar. 07 2001 12:03PM P1 ITEM #7 3/13/01 National City Manager 1243 National City Blvd. National City, CA 91950 March 7, 2001 Dear City Manager: We are requesting approximately 10 minutes of time at the next scheduled meeting of the National City Council, which 1 understand is at 6:00 pm on March. 13, 2001, for an opportunity for myself and certain members of our board to thank the council for its past support and to update it on our progress during the last six months. Please contact me as soon as possible if there is any problem scheduling this presentation. Sincerely, Sally Mariko Lorang Co -Executive Director tV 101 East 30th Street, Suite A, National City, California 91950 -- 619-336-0290 -- fax 619-336-0291 www.scapalorg -- info@scapai.org