HomeMy WebLinkAboutAgenda Report Agreement Relocating Victorian Home to Stein Farm (2017)CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE:
December 19, 2017
AGENDA ITEM NO.
ITEM TITLE:
lResolution of the City Council of the City of National City authorizing the Mayor to execute an
Agreement by and between the City of National City and National City Living History Farm Preserve
approving relocation of a Victorian Home from 1904 "F" Avenue to the Stein Farm property located at
1808 "F" Avenue in National City, subject to applicable City permits.
PREPARED BY: Gregory Rose DEPARTMENT Housing & Economic
Development
Property Agent
PHONE: 619 336-4266
EXPLANATION:
(Please see attached background report).
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED
APPROVED:
APPROVED.
MIS
Finance
See background report for financial statement.
ENVIRONMENTAL REVIEW:
The Agreement is not considered a project as defined by the California Environmental Quality Act
(CEQA), and is therefore not sut to CEQA.
ORDINANCE: INTRODUCTION: I FINAL ADOPTION: P1
STAFF RECOMMENDATION:
Stein Farm will present and is asking for City Council approval to move the Victorian House onto City
owned property. Staff recommends adoption of the resolution executing the Agreement for the
relocation of the house.
BOARD 1 COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. [Background Report
2. Proposal from Stein Farm
3. Agreement
4. Resolution
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Attachment No. 1
Background Report
The National City Living History Farm Preserve ("Stein Farm") approached the City with
a proposal to relocate a Victorian home onto the Stein Farm property. The home is
located at 1904 F Avenue, just south of the Stein Farm property, and recently sold to a
developer that intended to demolish the 1880's era Queen Ann Victorian home to make
way for new construction. The developer has agreed to donate the home to Stein Farm.
The Stein Farm is seeking approval from the City to move the house and Stein Farm
has proposed to obtain all necessary permits to relocate the home. They agree to
restore the home and obtain an occupancy permit within six months of the move.
Stein Farm will be responsible for all utility costs for the house. Once the house is
moved onto City property and an Occupancy permit is obtained, it will be governed by
the Maintenance and Operating Agreement for the Stein Farm. An Agreement is
attached which lays out the conditions of the move, including but not limited to the City's
issuance of all applicable permits before the move begins.
Financial Statement
The National City Living History Farm Preserve is not asking the City for any financial
assistance. In their Estimate of Costs and Proposed Funding for Project, they are
assuming the City will waive permit Fees totaling $2,125.00. However the City is not
providing a waiver of fees through the attached agreement. Furthermore, the
agreement states the City will not provide any financial assistance for the relocation
project. Stein Farm intends to get all the materials, labor, contractor oversight, historic
guidance for restoration, the relocation of the home, and architectural drawings donated
or they will pay for it themselves. The Stein Farm has provided an estimate of costs
and how they intend to fund the relocation in their proposal.
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oe Stein Fancily Fad
1808 F Avenue
National City, Ca, 91950
619.477.4113
F' a %'"infarn yrarrn or g
r'B: The Stein Family Farm
October 30, 2017
Honorable Mayor and City Council:
Attachment No. 2
I am submitting this letter and documentation with regards to the 1880's Queen Ann Victorian Home
that sits to the immediate south of the Stein Family Farm property at 1904 F Avenue. This
approximately 1,453 square foot home was moved to its present location by Charles Stein when he
owned his original 10 acres and has remained at this location since approximately the early 1900's. A
twin to this house originally existed, but was lost to a weekend, unpermitted demolition back in 1982.
The house, although bid on by several young couples wanting to raise their children here in our City,
was recently purchased by a company who wants to demolish it and unfortunately allowed a Chula Vista
Swat operation to take place in it last month where in the existing windows were all broken. However,
other than that, the home remains in tact with original hardwood floors, several original doors, moldings
and picture rails on the inside and Victorian details on the outside other items are easily replaced. There
had been a fire in the upstairs front bedroom when the house was a rental and inspection shows only a
couple floor boards in need of replacement along with a small ceiling patch. The Stein Family Farm
Board is proposing to have the home moved to the south end of the Stein Farm property, just across the
fence line from where it is presently located in order to preserve one of our few remaining small
Victorian structures. We have spoken with the developers and expressed our interest and discussed the
use of their demolition fees to move the home rather than demolish it to which they seemed amenable.
We have also discussed that the Save Our Heritage Organization in San Diego is looking into providing
a tax credit to the developer for their donation of the home. City staff has been contacted and a meeting
held to determine how to go about doing something like this and quickly getting our ducks in a row
(farm humor) and we are presently moving forward. We are not asking for City funding and are
proposing the costs involved in the project to be covered by our organization and those who support us
including licensed contractor oversight of the project, labor, material supplies, historic guidance for
restoration, architectural and structural drawings etc., and are working on project estimates at the
moment. The proposed use would be for a gift shop/class room for teachers -students and possible
upstairs rental in the future to help support the continued running of the farm. Our estimated project
timeframe is 3-6 months.
The Stein Family Farm Board is requesting your support of this project wherein we are proposing the
saving of a National City Historic Home. I am including photos for your review as well as a plot plan to
assist you in visualizing our proposal and would be happy to answer any questions you may have.
Sincerely,
CIANACQ/5/40,----
Anne Peoples
Founder/President
National City Living History Farm Preserve, Inc.
DBA: The Stein Family Farm
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Attachment No. 2
Estimated Costs Proposed Funding for Project
Permit Fees —
SDG&E —
Water -
Sewer —
Structural Engineering:
Plans (foundation)
CAD Drawing of House:
House move:
Foundation L&M:
Paint:
Interior improvements:
To be waived by City
No cost for connection, we have to trench to pole and provide wire and
meter.
Meter & wiring provided by Christmas in July — donation
Water is currently available on the property. Pipes provided by
Christmas in July - donation
City to open line for our connection. We will trench and pipe to street.
Sewer pipes provided by Christmas in July — Donation.
LAMAR Engineering, $1,000 Paid by NCLHFP ($5,000 value)
Specialty Design, $750 Paid by NCLHFP ($5,000 value)
Superior House Movers, $15,000 to be covered by Kire Demo funds
($45,000-$55,000 value)
JBW Enterprises, $10,000 NCLHFP has funding to cover, however is
seeking donations of materials and labor from others to assist
Sherwin Williams has committed to provide paint for both interior and
exterior - donation
Windows, light fixtures, outlet covers, wall patch, floor repair and
refinishing, historic doors, missing moldings etc. currently salvaging —
donations. Labor — donated, NCLHFP, So. Bay Marina Kiwanis Club,
SOHO, Sweetwater Kiwanis Key Club, etc.
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A r
Attachment No. 2
August 30, 2017
Stephan Gaspar
KirE Builders, Inc.
10625 Scripps Ranch Blvd., Ste. F
San Diego, CA 92131
C YOUNG
.
ASSOCIATES
1042 Skylark Drive
La Jolla, CA 92037
Tel.: (858) 454-8885
Re: Notice of Completion -Asbestos Abatement-1904 F Ave, National City,
California
Mr. Gaspar,
In accordance with our Change Order authorization of July 17, 2017, please be advised
that asbestos containing material (ACM/material containing more than one percent
[>1%] asbestos by volume) previously identified in the survey report at the subject
structure has been formally abated, and the Lead -based paint (LBP/painted material
containing equal to or greater than 0.5% by weight) identified in the survey report has
been stabilized, effective August 7, 2017.
The ACM included:
• Exterior roof mastic
The LBP included:
• All exterior components
• Interior doors and jambs
• Interior window frames
This "Notice of Completion" is limited to work performed at the above referenced
location. Based upon both our oversight of the abatement activities and our inspection
of the structure, post -abatement, demolition of the structure may be performed without
further regard for the presence of ACM or the instability of LBP.
If you have any questions, please don't hesitate to call.
John Payne, C.A.C.
Project Scientist
CA Certified Asbestos Consultant #93-1226
Colin P. Young, CIH
Principal
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Attachment No. 2
PHOTO OF STEIN ORIGINAL
PROPERTY SHOWING 1904 F
AVENUE WITH CONSTRUCTION OF
KITCHEN ADDITION 1920'S
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Attachment No. 2
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Attachment No. 2
PHOTOS EXTERIOR & INTERIOR AS
OF 9/2017 PRIOR TO WINDOW
BREAKAGE
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Attachment No. 2
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Attachment No. 2
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Attachment No. 2
PHOTOS OF MINIMAL FIRE
DAMAGE TO UPSTAIRS FRONT
BEDROOM
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Attachment No. 2
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Attachment No. 2
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Attachment No. 2
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Attachment No. 2
PROPOSED PLOT PLAN
MOVE OF HOME FROM 1904 F TO
SOUTH END OF 1808 F AVENUE
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Attachment No. 2
QUEEN ANNE & VICTORIAN
ARCHITECHTURE
When you think of Victorian architecture, you probably envision edged roofs, ornate gables
and wide porches with spindlework. The quintessential Queen Anne 'style is by far the most
popular Victorian home style in the U.S., but it's not the only representation of the era. There
is also: Second Empire Style; Gothic Revival; Stick Eastlake; Folk Victorian and Italianate.
Origin
Strictly speaking, Victorian homes are those designed during the long rule of Britain's Queen
Victoria, from 1837 until her death in 1901.
Although the queen never designed anything, her husband, Prince Albert, was "an
architecture nut of the first order," according to Richard Guy Wilson, who holds a chair in
architectural history at the University of Virginia.
Although the era encompasses many styles, they tend to share in common a lot of ornament
on the outside and a lot of"stuff' on the inside (decorative moldings, picture rails, built in
nooks and crannies).
The exterior might be covered with textures and patterns that were unusual until that time.
New machinery made possible the mass production of spindles, carvings and other decorative
elements that otherwise would have been prohibitively expensive.
National City
Being the second oldest city in the county, we have beautiful examples of most all types
of Victorian homes throughout our city. The Dickinson Boal and Wallace Dickinson are
great examples of large Queen Anne Victorians and the George Kimball home on L
Avenue is a fine Italianate. Most of the large homes in our city are listed on our Historic
Site list, however the listing of smaller homes paid for by the city have not been listed
and we are losing them quite frequently as we almost lost the one at 1904 F Avenue. The
list needs to be added as a resource on the General Plan so that proper notifications can
be made to preserve what we have left and to allow partnership between developer and
preservationist to occur, such as the saving of the historic olive grove at 2r' and K; the
Stein Family Farm, and now the saving of 1904 F Avenue.
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AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
NATIONAL CITY LIVING HISTORY
FARM PRESERVE
THIS AGREEMENT (the "Agreement") is entered into as of December 19, 2017 by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
NATIONAL CITY LIVING HISTORY FARM PRESERVE, a non-profit California corporation
("NCLHFP").
RECITALS
A. The CITY owns the improved real property commonly known as Stein Farm, located at
1808 "F" Avenue, National City, California (the "Property").
B. The NCLHFP desires the CITY to approve the physical relocation of the Victorian House
(the "Structure") from its current location immediately to the south at 1904 "F" Avenue
onto a fully -permitted foundation at the Property.
C. The NCLHFP agrees that they have the means to properly relocate and rehabilitate the
Structure, at no expense to the City, in compliance with all applicable federal, state, and
local laws or ordinances and permitting requirements.
D. The NCLHFP agrees to obtain a Release from the property owner of 1904 "F" Avenue
for the physical relocation of the Structure onto a fully -permitted foundation at the
Property and assume all responsibility and liability for such physical relocation.
E. The CITY agrees to have NCLHFP maintain and operate the Structure as part of the
educational farm and museum for the community's benefit enrichment of National City's
history, and NCLHFP is willing to operate and maintain the Structure for such purpose.
NOW, THEREFORE, in consideration of the foregoing facts, and in consideration of the
promises and covenants hereinafter set forth, the parties agree as follows:
TERMS OF AGREEMENT
1.1 NCLHFP shall obtain all necessary permits for the physical relocation of the Structure
located at 1904 "F" Avenue onto a fully -permitted foundation at the Property before the work
begins.
1.2 NCLHFP shall demonstrate they have the financial and material backing to complete the
physical relocation and subsequent rehabilitation of the Structure. The City shall pay no cost
associated with the physical relocation and rehabilitation of the Structure onto the Property.
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1.3 NCLHFP shall physically relocate the Structure onto the Property within 90 days of the
date of this Agreement. If NCLHFP does not so relocate the Structure, the City shall issue a
demolition permit to the property owner of 1904 "F" Avenue to demolish the Structure.
1.4 Within 90 days of the date of this Agreement, NCLHFP shall provide the City Manager,
or designee, documents proving NCLHFP's financial and material ability to rehabilitate the
Structure and obtain all City permits required. Such permits will include, for example, permits
for sewer and water connections, and building plans showing details regarding the foundation
and footings.
1.5 If NCLHFP fails to obtain a Certificate of Occupancy within 180 days from the date
when the Structure has been relocated onto the Property, the City will demolish the Structure. If
the City demolishes the Structure pursuant to this Section, NCLHFP expressly agrees to
reimburse the City for all costs associated with such demolition.
1.6 NCLHFP shall obtain an occupancy permit from the Building Official within 180 days of
the physical relocation of the Structure. Once an occupancy permit is so issued:
1.6.1 The Structure shall remain property of NCLHFP for 2 years starting from the date
on which the Structure receives its certificate of occupancy. Immediately thereafter, the
Structure, and all improvements made to the Structure by the NCLHFP, shall become the
property of the CITY.
1.6.2 The Structure shall, after expiration of the two-year period described in Section
1.4.1, become subject to any then -existing Maintenance and Operating Agreement entered into
between NCLHFP and the CITY.
1.6.3 The City shall provide written acceptance of the Structure to the NCLHFP, at
which point this Agreement will terminate.
1.7 NCLHFP shall provide and pay for all utilities or services necessary for the use and
operation of the Structure at all times relevant to this Agreement, including water, electricity,
trash, and sewer charges. NCLHFP shall pay directly to the applicable utility company such
charges, and the City shall have no obligation to pay for such utility services.
INDEMNIFICATION AND INSURANCE
2.1 NCLHFP Indemnity. The CITY shall not be liable for, or liable to NCLHFP, for the
physical relocation and rehabilitation of the Structure. NCLHFP shall defend, indemnify, and
hold harmless the CITY, its officers, officials, agents, employees, and volunteers from any and
all claims, costs, liability, loss, damages to property, injuries to, or death of any person or
persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and
defense costs, of any kind or nature, including workers' compensation claims resulting from,
related to, or arising out of NCLHFP' transfer of the Structure to CITY property or arising either
directly or indirectly from any act, error, omission or negligence of NCLHFP or its contractors,
licensees, invitees, members, agents, servants or employees; provided, however, that this
indemnification and hold harmless shall not include any claims or liability arising from the
Agreement Page 2 of 5 City of National City and
December 19, 2017 National City Living History Farm Preserve
288 of 585
established sole negligence or willful misconduct of the CITY, its agents, officers, or employees.
The CITY will cooperate reasonably in the defense of any action, NCLHFP shall employ
competent counsel, reasonably acceptable to the City Attorney of National City.
The indemnity, defense, and hold harmless obligations contained herein shall survive the
termination of this Agreement for any alleged or actual omission, act, or negligence under this
Agreement that occurred during the term of this Agreement.
2.1.1 Third Party Indemnity. NCLHFP shall not invite third party organizations onto
the Property until said third party organization furnishes CITY a written agreement in which it
indemnifies and holds CITY harmless, upon terms satisfactory to CITY.
2.1.2 Waiver of Liability. NCLHFP agrees to obtain from all guests, invitees, or third
party organizations whose participants work on this project, a waiver of liability and hold
harmless agreement upon terms satisfactory to the CITY.
2.2 Insurance. NCLHFP, at its sole cost and expense, shall purchase and maintain, and shall
require its subcontractors, and third party organizations NCLHFP invites onto the Property, to
purchase and maintain throughout the term of this Agreement, the following insurance policies:
2.2.1 Commercial General Liability Insurance, with minimum limits of $2,000,000 per
occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out
of its operations under this Agreement. The policy shall name the CITY and its officers, agents,
employees, and volunteers as additional insureds, and a separate additional insured endorsement
shall be provided. The general aggregate limit must apply solely to this "project" or "location".
2.2.2 Automobile insurance covering all bodily injury and property damage incurred
during the performance of this Agreement, with a minimum coverage of $1,000,000 combined
single limit per accident. Such automobile insurance shall include owned, non -owned, and hired
vehicles ("Any Auto"). The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall be
provided.
2.2.3 Workers' Compensation Insurance in an amount sufficient to meet statutory
requirements covering all of NCLHFP `employees, and employers' liability insurance with limits
of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of
subrogation in favor of the City. Said endorsement shall be provided prior to commencement of
work under this Agreement.
2.2.4 If NCLHFP has no employees subject to the California Workers' Compensation
and Labor laws, NCLHFP shall execute a Declaration to that effect. The form of said Declaration
shall be provided by NCLHFP to the CITY.
2.2.5 The aforesaid policies shall constitute primary insurance as to the CITY, its
officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY's Risk Manager, at the address listed in Section 2.2.7 below, of
cancellation or material change.
Agreement Page 3 of 5 City of National City and
December 19, 2017 National City Living History Farm Preserve
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2.2.6 If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, NCLHFP shall maintain such insurance coverage for three years after
expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must
be on or before the date of this Agreement.
2.2.7 The Certificate Holder for all policies of insurance required by this Section 2.2
shall be:
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
2.2.8 Insurance shall be written with only insurers authorized to conduct business in
California that hold a current policy holder's alphabetic and financial size category rating of not
less than A:VIII according to the current Best's Key Rating Guide, or a company equal financial
stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by
non -admitted "surplus lines" carriers, they must be included on the most recent California List of
Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
2.2.9 This Agreement shall not take effect until certificate(s) or other sufficient proof
that these insurance provisions have been complied with, are filed with, and approved by, the
CITY'S Risk Manager. If NCLHFP does not keep all of such insurance policies in full force and
effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to
maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as
provided herein.
2.2.10 All deductibles and self -insured retentions in excess of $10,000 must be disclosed
to and approved by the CITY.
2.2.11 If NCLHFP maintains broader coverage or higher limits (or both) than the
minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or
higher limits (or both) maintained by NCLHFP. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the CITY.
3.0 Recitals A-E above are incorporated by this reference as terms to this Agreement.
IN WITNESS WHEREOF, the CITY and NCLHFP have duly executed this Agreement
as of the day and year first above written.
[Signature Page to Follow]
Agreement Page 4 of 5 City of National City and
December 19, 2017 National City Living History Farm Preserve
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CITY OF NATIONAL CITY
(CITY)
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
Roberto M. Contreras
Deputy City Attorney
NATIONAL CITY LIVING HISTORY
FARM PRESERVE, a non-profit
California corporation
(Signatures of two corporate officers required.)
By:
(Name)
(Print)
(Title)
By:
(Name)
(Print)
(Title)
Agreement Page 5 of 5 City of National City and
December 19, 2017 National City Living History Farm Preserve
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RESOLUTION NO. 2017 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND
BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY
LIVING HISTORY FARM PRESERVE APPROVING RELOCATION
OF A VICTORIAN HOUSE FROM 1904 "F" AVENUE TO
THE STEIN FARM PROPERTY LOCATED AT 1808 "F" AVENUE
IN NATIONAL CITY, SUBJECT TO APPLICABLE CITY PERMITS
AND REQUIREMENTS AS DESCRIBED IN THE AGREEMENTS
WHEREAS, the City of National City owns the improved real property commonly
known as Stein Farm, located at 1808 "F" Avenue, which is maintained and operated by the
National City Living History Farm Preserve (NCLHFP); and
WHEREAS, the NCLHFP desires to relocate an 1880's Queen Ann Victorian
House ("Victorian House") from its current location immediately to the south of Stein Farm at
1904 "F" Avenue, onto a fully -permitted foundation at Stein Farm; and
WHEREAS, the NCLHFP has the financial means to properly relocate and
rehabilitate the Victorian House, at no expense to the City, in compliance with all applicable
federal, state, and local laws and permitting requirements; and
WHEREAS, the NCLHFP shall maintain and operate the Victorian House as part
of the educational farm and museum for the community's benefit and enrichment of National
City's history, and NCLHFP is willing to operate and maintain the Victorian House for such
purpose.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
the Mayor to execute an Agreement with the National City Living History Farm Preserve
approving the relocation of an 1880's Queen Ann Victorian House from its current location at
1904 "F" Avenue to the Stein Farm property at 1808 "F" Avenue in National City, subject to
applicable City permits and requirements as described in the Agreement.
PASSED and ADOPTED this 19' day of December, 2017.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
Ron Morrison, Mayor
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CC/CDC-HA Agenda
12/19/2017 — Page 293
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the Mayor to execute a Second
Amendment to the Agreement between the City of National City and Alpha Project for
the Homeless to correct the total not to exceed amount to be $170,000
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