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HomeMy WebLinkAbout2007 05-01 CC CDC MINBook 89 / Page 93 05-01-2007 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, CALIFORNIA May 1, 2007 The Regular Meeting of the City Council and Community Development Commission of National City was called to order at 6:08 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Commission members present: Morrison, Natividad, Parra, Ungab, Zarate. Administrative Officials present: Dalla, Daneshfar, Deese, Eiser, Gonzales, Juniel, Limfueco, Lopez, Post, Raulston, Rodriguez, Smith, Stevenson, Zapata. Others present: City Treasurer George Hood and Student Representatives Roseanita Hemandez and Maria Batasin. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON CLOSED SESSION REPORT City Attorney George Eiser reported that there was no action to report from the closed session held at 5:00 p.m. (see Exhibit `G', attached) PUBLIC ORAL COMMUNICATIONS Alfonso Hemandez, National City, spoke about the 40-foot high net at the golf course and problems with water drainage. PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. SUBJECT: Proclaiming Thursday, May 3, 2007 as: "NATIONAL DAY OF PRAYER" 2. SUBJECT: Proclaiming Wednesday, May 9, 2007 as: "LAW ENFORCEMENT OFFICERS' MEMORIAL DAY" CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (Minutes), Item No. 4 (NCMC), Items 5 through 12 (Resolutions Nos. 2007-81 through 2007-88), Items 13 and 14 (Warrant Registers). Motion by Natividad, seconded by Parra, to approve the Consent Calendar. Carried by unanimous vote. Book 89 / Page 94 05-01-2007 CONSENT CALENDAR (cont.) APPROVAL OF THE MINUTES 3. SUBJECT: Approval of the minutes of the Regular City Council / Community Development Commission Meeting of April 3, 2007. (City Clerk) ACTION: Approved. See above. MUNICIPAL CODE 2007 (506-2-22) 4. SUBJECT: APPROVAL OF A MOTION TO WAIVE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDES THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. EQUIPMENT PURCHASE ADMIN (209-1-1) 5. Resolution No. 2007-81. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AUTHORIZING PAYMENT OF INVOICES TOTALING $46,084.30 TO ADAMSON POLICE PRODUCTS FOR "BUILD-UP" OF FIVE POLICE CARS AND ONE FIRE BATTALION COMMAND VEHICLE. (Public Works) ACTION: Adopted. See above. PARKING ADMIN 2007 (801-2-27) 6. Resolution No. 2007-82. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF PALM AVENUE AND THE ALLEY LOCATED BEHIND CARNIVAL MARKET (Residents of Central Neighborhood Council, TSC Item No. 2007-16) (Engineering) ACTION: Adopted. See above. PARKING ADMIN 2007 (801-2-27) 7. Resolution No. 2007-83. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL RED CURB "NO PARKING" ADJACENT TO THE FIRE DEPARTMENT CONNECTIONS ON ROOSEVELT AVENUE AND HOOVER AVENUE (D. Condon, TSC Item No. 2007-14) (Engineering) ACTION: Adopted. See above. Book 89 / Page 95 05-01-2007 CONSENT CALENDAR (cont.) STREET SIGNS ADMIN (903-12-1) 8. Resolution No. 2007-84. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL ADDITIONAL SIGNING AND REFLECTORS AT THE INTERSECTION OF 18TH STREET AND NEWELL STREET. (D. Cho. TSC Item No. 2007-13) (Engineering) ACTION: Adopted. See above. ENGINEERING DEPT — GRANTS / REPORT ADMIN (1104-1-1) 9. Resolution No. 2007-85. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPLY FOR A GRANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) IN THE AMOUNT OF $150,000 FOR THE TARGETED RUBBERIZED ASPHALT CONCRETE INCENTIVE GRANT PROGRAM AND AUTHORIZING THE CITY ENGINEER TO SIGN THE APPLICATION AND ADMINISTER THE GRANT. (Engineering) ACTION: Adopted. See above. TRAFFIC SPEED CONTROL ADMIN (801-6-1) SURVEY — SPEED (106-1-3) 10. Resolution No. 2007-86. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXPENDITURE OF $47,900 FROM PROVISION FOR CONTINGENCIES ACCOUNT NO. 001-409-000-710 TO COMPLETE A CITY-WIDE SPEED SURVEY FOR 72 INDIVIDUAL STREET SEGMENTS. (Engineering) ACTION: Adopted. See above. SUBDIVISIONS / VARIANCES 2007 (415-1-3) 11. Resolution No. 2007-87. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MODIFICATION OF THE CONDITIONS OF APPROVAL OF TENTATIVE SUBDIVISION MAP (S- 2006-7) TO WAIVE THE REQUIREMENT TO UNDERGROUND EXISTING UTILITIES AND TO REQUIRE AN ENHANCED LEVEL OF LANDSCAPING AT THE EXISTING INDUSTRIAL PARK AT 1445-1645 TIDELANDS AVENUE. (Applicant: Voit Companies) (Case File No. 2007-07 M1) (APN: 559-040-44, -59) (Planning) ACTION: Adopted. See above. Book 89 / Page 96 05-01-2007 CONSENT CALENDAR (cont.) POLITICAL SUPPORT ADMIN (102-4-1) 12. Resolution No. 2007-88. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING APPROVAL TO SEND A LETTER OF SUPPORT FROM THE CITY OF NATIONAL CITY TO THE CALIFORNIA. COASTAL COMMISSION IN REGARDS TO THE DESALINATION PROJECT IN CARLSBAD. (Mayor) ACTION: Adopted. See above. WARRANT REGISTER JULY 2006 — JUNE 2007 (202-1-21) 13. WARRANT REGISTER # 38 (Finance) Ratification of Demands in the amount of $1,123,619.04. ACTION: Ratified. See above. WARRANT REGISTER JULY 2006 — JUNE 2007 (202-1-21) 14. WARRANT REGISTER # 39 (Finance) Ratification of Demands in the amount of $127,717.39 ACTION: Ratified. See above. PUBLIC HEARINGS CONDITIONAL USE PERMITS 2007 (403-22-1) 15. Public Hearing — Conditional Use Permit for a proposed 5-unit apartment complex at the southwest comer of Highland Avenue and Division Street with exceptions for Tess than required side and rear yard setbacks. (Applicant: Ricardo Perez) (Case File CUP-2006-12) (Planning) RECOMMENDATION: Staff concurs with the Planning Commission Approval of the Conditional Use Permit. TESTIMONY: Janice Martinelli, representing the developer, presented a rendering and introduced the developer. Patrice Amon, National City, spoke against the CUP. ACTION: Motion by Natividad, seconded by Zarate, to close the Public Hearing. Carried by unanimous vote. Motion by Natividad, seconded by Ungab, to approve the Conditional Use Permit with all findings and conditions plus an added condition that the exit be configured for right tum only. Carried by unanimous vote. Book 89 / Page 97 05-01-2007 PUBLIC HEARINGS (cont.) SUBDIVISIONS / VARIANCES 2007 (415-1-3) 16. Public Hearing — Tentative Subdivision Map to divide a 1.41-acre lot into ten at the site of ten existing duplexes at 1205-1243 Fig Court with a request to waive the utility undergrounding requirement. (Applicant: Robert Gulotta) (Case File No. S-2006-12) (Planning) RECOMMENDATION: Staff recommended denial of the Tentative Subdivision Map and Request to waive the utility undergrounding requirement, based on attached findings. TESTIMONY: Jarl Tumer, representing the applicant, spoke in favor and responded to questions. ACTION: Motion by Parra, seconded by Zarate, to close the Public Hearing, approve the Tentative Subdivision Map with findings and to modify the underground requirement to include removal of four poles. Carried by unanimous vote. EX-PARTE DISCLOSURE: Members Morrison, Natividad, and Zarate disclosed that they had contact with the applicant conceming the requested waiver prior to the meeting. BLOCK GRANT PROGRAM ADMIN 2007 (406-1-22) 17. Public Hearing - Final Public Hearing for the Fiscal Year 2007-08 Annual Action Plan for the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Programs. (Community Services) RECOMMENDATION: Conduct Public Hearing. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Parra, to close the Public Hearing. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION MUNICIPAL CODE 2007 (506-2-22) 18. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESCRIBING THE PREVIOUSLY APPROVED PROGRAM OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN. (City Attorney) Book 89 / Page 98 05-01-2007 ORDINANCE FOR INTRODUCTION (cont.) MUNICIPAL CODE 2007 (506-2-22) TESTIMONY: Stephanie Leif, San Diego, spoke against the Ordinance. Robert Leif, San Diego, spoke against the Ordinance. Suzanne Leif, San Diego, spoke against the Ordinance. An un-named speaker inquired about the status of the land west of 1-5. ACTION: City Attorney Eiser distributed a map (Exhibit 1A) to be included as part of Exhibit 'A' of the Ordinance. MUNICIPAL CODE 2007 (506-2-22) 19. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 10.21 BY ADDING SECTIONS 10.21.010 — 10.21.050 TO THE MUNICIPAL CODE PROHIBITING THE RETAIL SALE OR DISTRIBUTION OF NOVELTY LIGHTERS. (Fire) NON CONSENT RESOLUTIONS BLOCK GRANT PROGRAM ADMIN 2007 (406-1-22) 20. Resolution No. 2007-89. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FISCAL YEAR 20007- 08 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS. (Community Services) RECOMMENDATION: Adopt the Resolution. ACTION: Motion by Parra, seconded by Ungab, to adopt the Resolution. Carried by unanimous vote. CITY / CDC STRATEGIC PLANNING (102-16-2) 21. Resolution No. 2007-90. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL APPROVING A FIVE YEAR STRATEGIC PLAN FOR COMMUNITY AND ECONOMIC DEVELOPMENT. (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Tony LoPresti, Environmental Health Coalition, expressed concern about the proposed time -line for the west side specific plan and requested that it be moved forward. Ted Godshalk, National City, proposed moving up the time -line on page 20 of the Plan. Staff reported that written comments were submitted by 9 individuals prior to the meeting. (Copies are on file in the Office of the City Clerk). Book 89 / Page 99 05-01-2007 NON CONSENT RESOLUTIONS (cont.) CITY / CDC STRATEGIC PLANNING (102-16-2) ACTION: Motion by Parra, seconded by Natividad, to adopt the Resolution with the West Side Specific Plan goal moved up. Carried by unanimous vote. NOTE: Copies of the Five Year Strategic Plan are on file in the Office of the City Clerk. ENGINEERING DEPT — GRANTS / REPORT ADMIN (1104-1-1) 22. Resolution No. 2007-91. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A GRANT APPLICATION FOR THE STATE LAND AND WATER CONSERVATION FUNDS ($1,500,000) TO COMPLETE THE NEXT PHASE OF THE SWIMMING POOL FACILITIES RENOVATION THAT INCLUDES THE REMOVAL OF THE EXISTING BATHHOUSE AND REPLACING IT WITH A NEW STRUCTURE, AND CERTIFYING THE AVAILABILITY OF 100 PERCENT MATCHING FUNDS ($1,500,000), AND AUTHORIZING THE CITY ENGINEER TO REPRESENT THE CITY FOR THE NECESSARY TRANSACTIONS. (Engineering) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Alfonso Hemandez, National City, inquired about the availability of $1.5 million in required matching funds. ACTION: Motion by Zarate, seconded by Ungab, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS CONTRACT (C2005-52) 23. SUBJECT: Final City Council review and approval of Richard Becker's sculpture for National City Fire Station #34. (Community Services) RECOMMENDATION: Accept the final design as presented. TESTIMONY: Richard Becker gave a presentation of the proposed sculpture. Copy on file in the Office of the City Clerk. ACTION: Motion by Parra, seconded by Zarate, to accept and approve Richard Becker's sculpture for National City Fire Station #34. Carried by unanimous vote. Book 89 / Page 100 05-01-2007 NEW BUSINESS (cont.) AUDIT FINANCIAL REPORTS 2006 (208-1-20) 24. SUBJECT: Annual Financial Reports and Audit Review for the fiscal year ended June 30, 2006. (Finance) RECOMMENDATION: Approve and file. TESTIMONY: Mike Harrison, representing Mayer, Hoffman, McCann, reviewed the Annual Financial Report and their unqualified opinion and recommendations. ACTION: Motion by Natividad, seconded by Parra, to accept and file the report. Carried by unanimous vote. CONDITIONAL USE PERMITS 2007 (403-22-1) 25. SUBJECT: Notice of Decision — Conditional Use Permit for the sale of beer and wine at an existing restaurant at 1231 Highland Avenue. (Applicant: ABCO Consulting) (Case No. CUP-2006-16) (APN 561-011- 10) (Planning) RECOMMENTDATION: Staff concurs with the Planning Commission decision and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Parra, seconded by Zarate, to file the Notice of Decision. Carried by unanimous vote. CONDITIONAL USE PERMITS 2007 (403-22-1) 26. SUBJECT: Notice of Decision — Conditional Use Permit to permit a special events office within an existing residential unit as mixed -use commercial at 940 A Avenue (Brick Row). (Applicant: Janice Martinelli) (Case File No. 2007-12 CUP) (APN 556-471-15) (Planning) RECOMMENDATION: Staff concurs with the Planning Commission and recommends tat the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to file the Notice of Decision. Carried by unanimous vote. TEMPORARY USE PERMITS 2007 (203-1-23) 27. SUBJECT: Temporary Use Permit — Sweetwater High School Graduation on June 14, 2007, from 6 p.m. to 8 p.m. at Sweetwater High School with a request to use the City's bleachers and perform a fireworks display. (Building & Safety) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval. Book 89 / Page 101 05-01-2007 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2007 (203-1-23) TESTIMONY: Mr. Cherry, Sweetwater ASB Advisor, spoke in favor, requested a waiver of fees and responded to questions. ACTION: Motion by Natividad, seconded by Ungab, to approve the Temporary Use Permit and have the City Council Policy on co- sponsors come back for possible modification involving school graduation events. Carried by unanimous vote. COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 28 (Warrant Register). Motion by Ungab, seconded by Parra, to approve the Consent Calendar. Carried by unanimous vote. WARRANT REGISTER JULY 2006 — JUNE 2007 (202-1-21) 28. Ratifications of Expenditures of the Community Development Commission: Expenditures for the Period of 04/05/07 through 04/19/07 of $383,012. (Community Development Commission/Finance) ACTION: Ratified. See above. PUBLIC HEARING SPECIFIC PLAN — DOWNTOWN (417-1-9) 29. Public Hearing — Downtown Specific Plan Consistency Review "Nautica Twin Towers'. Location: 214 National City Blvd; 225 & 233 Roosevelt Avenue; 30 W. 2nd Street; and 21, 25, & 27 W. 3rd Street. (APN: 555-030- 01 through -14) (Applicant: Gulf Unlimited Corporation) (Case File No.: DSP-2007-1) (Community Development Commission) RECOMMENDATION: Staff recommends approval of Downtown Specific Plan Consistency Review (DSP-2007-1) subject to conditions. TESTIMONY: Alfonso Hernandez, National City, expressed concerns about traffic flow. Michael Sunshine, National City, expressed concerns about density and elimination of parking. Janice Martinelli, Howard Blackson and Wade Savage, representing the applicant, spoke in favor and responded to questions. ACTION: Motion by Parra, seconded by Ungab, to close the Public Hearing. Carried by unanimous vote. Book 89 / Page 102 05-01-2007 NON CONSENT RESOLUTIONS SPECIFIC PLAN — DOWNTOWN (417-1-9) 30. Resolution No. 2007-92. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW "NAUTICA TWIN TOWERS'. LOCATION: 214 NATIONAL CITY BLVD; 225 & 233 ROOSEVELT AVENUE; 30 W. 2ND STREET; AND 21, 25, & 27 W. 3RD STREET. (APN: 555-030-01 through -14) (Applicant: Gulf Unlimited Corporation) (Case File No.: DSP-2007-1) (Community Development Commission) RECOMMENDATION: Staff recommends approval of Downtown Specific Plan Consistency Review (DSP-2007-1) subject to conditions. TESTIMONY: None. ACTION: Motion by Parra, seconded by Ungab, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2006-28) 31. Resolution No. 2007-93. Resolution of the Community Development Commission of the City of National City approving a Design Concept Plan by Palm Plaza Associates, LLC for development of a 1.07 acre parcel located at 1640 East Plaza Boulevard. (APN #557-410-20) (Community Development Commission) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Juan Pablo Mamscol, representing the applicant, presented the design concept plan and responded to questions. Copy on file in the Office of the City Clerk. ACTION: Motion by Parra, seconded by Natividad, to adopt the Resolution. Carried by unanimous vote. EX-PARTE DISCLOSURE: Members Morrison, Parra, and Zarate disclosed that they had contact with the applicant conceming the plan prior to the meeting. STAFF REPORTS MAYOR ADMIN (AGENDA ITEMS) (102-14-2) 32. SUBJECT: Keystone Mobile Home Park - Verbal report by City Manager. (Council initiated) Assistant City Manager Deese reported that the first issue of the new City newsletter has gone out. Plans call for two editions per year and preparation in house. Fire Chief Rod Juniel reported on the fire at the Park Motel. Book 89 / Page 103 05-01-2007 MAYOR AND CITY COUNCIL Student Representatives Roseanita Hernandez and Maria Batasin reported that efforts are underway at Sweetwater High School to select new student representatives for next year. Member Natividad stated that the student representatives have a transportation problem and inquired if it would be possible to get them bus passes. Member Parra invited golfers to participate in the Christmas in July Golf Tournament on May 18th Mayor Morrison reminded everyone of the Cinco de Mayo celebration in Kimball Park and fact that it will be non-alcoholic event. ADJOURNMENT ACTION: Motion by Zarate, seconded by Ungab, to adjourn the meeting to the Regular City Council and Community Development Commission Meeting to be held Tuesday, May 15, 2007 at 6:00 p.m., Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 9:35 p.m. City Clerk / Recording Secretary The foregoing minutes were approved at the Regular Meeting of June 5, 2007. Mayor / CDC Chairman TAPE RECORDINGS OF EACH CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE. EXHIBIT G Agenda of a Special Meeting National City City Council/Community Development Commission Large Conference Room Civic Center 1243 National City Boulevard Special Meeting - Tuesday — May 1, 2007 - 5:00 P.M. ROLL CALL COMMUNITY DEVELOPMENT COMMISSION BUSINESS REPORT ON THE REAL PROPERTY COMMONLY KNOWN AS 405 WEST 18TH STREET, NATIONAL CITY (A.P.N. 559-085-08) CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section 54956.8 Property: 405 West 18th Street, National City (A.P.N. 559-085-08) Agency Negotiators: Brad Raulston, Xavier Del Valle Negotiation Parties: St. Anthony's Church Under Negotiation: Price and Terms of Payment 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Government Code Section 54956.9(a) Community Development Commission v. Young Sook Kim, et al. SDSC Case No. GIC860859-1 Community Development Commission v. Paul R. Brock, et al. SDSC Case No. GIC868858-1 Community Development Commission v. Antonia E. Martin, et al. SDSC Case No. GIC860857-1 Agenda of a Special Meeting Page 2 CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representatives: Stacy Stevenson, Roger Post, Walter Amedce, Manuel Rodriguez, Joe Smith, Minh Duong, Claudia Silva, Steve Berliner Employee Organization: Municipal Employees' Association ADJOURNMENT Next Regular City Council/CDC Meeting — Tuesday, May 1, 2007 - 6:00 p.m. - Council Chambers, Civic Center. EXHIBIT 1A NATIONAL CITY REDEVELOPMENT PROJECT CITY OF SAN DIEGO .am; _a=39■i� MI•.. •-e occ.I: n.111.-� a.l►a.rinn,c =e 111111111111• III p111.Wu.u1G u.mIIL1111111111011- MI p 511111111111M. . 1111151III WI i 1111-� IIIIII IIIIIII I IIL uuc - nu1l _u.: + IMII1111�I ai IV'M hula 'Illllll.pl: fl ifIl rn-uMllxu I I.IIltn ti =1= ��.��..• INII 39 111 VJ 1111 1. 111 II ..1 L-h!lL 1.111111IIIl• ES j -;e ■ II.III au sus li I..IIIIHIII ci. .■■0®cv+'Fil. 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