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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />describing the provisions of the Redevelopment Plan regarding exercise of the power of <br />eminent domain; <br />J. Health and Safety Code Section 33373(d) requires the recordation of such a <br />revised Statement of Proceedings prior to the Agency's commencement of any future eminent <br />domain action under the Redevelopment Plan; <br />K. The Redevelopment Plan authorized the Agency to acquire certain real <br />property within the Project Area by exercise of the power of eminent domain for twelve (12) <br />years following the effective date of the ordinances approving and adopting the amendments <br />described in Recitals D and E, above, which were both adopted on December 2, 1986; <br />L. The last date on which the Agency could acquire property by exercise of the <br />power of eminent domain pursuant to the Redevelopment Plan was December 2, 1988; <br />M. The City Council intends to promote effective redevelopment, without abuse of <br />the power of eminent domain; <br />N. The City Council now desires to adopt an Eminent Domain Program for the <br />Redevelopment Plan describing the Agency's program to acquire real property by eminent <br />domain under the Redevelopment Plan, including any limitations on the Agency's exercise of <br />the power of eminent domain under the Redevelopment Plan; <br />O. City staff has determined that the approval and adoption of this Ordinance does <br />not constitute an approval of any specific program, project or expenditure and does not <br />constitute a "project" under the California Environmental Quality Act (Public Resources Code <br />Sections 21000, et seq.) ("CEQA"); and <br />P. City staff has further determined that a notice of exemption ("Notice of <br />Exemption") may be filed with the County of San Bernardino, California, regarding adoption <br />of this Ordinance, pursuant to CEQA, the State CEQA Guidelines and the City's local CEQA <br />Guidelines; <br />BASED ON THE FACTS SET FORTH IN THE PRECEDING RECITALS, <br />THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES ORDAIN <br />AS FOLLOWS: <br />Section 1. The Recitals preceding this Ordinance are true and correct. <br />Section 2. The purpose of this Ordinance is to adopt an Eminent Domain Program <br />for the Redevelopment Plan, in accordance with Health and Safety Code Section 33342.7. <br />Section 3. The City Council hereby determines that the approval and adoption of <br />this Ordinance does not constitute an approval of any specific program, project or expenditure <br />and does not constitute a "project" under CEQA. <br />Section 4. The Eminent Domain Program and policies for exercise of the power of <br />eminent domain under the Redevelopment Plan, in addition to the specific provisions of the <br />