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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 />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />J. 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 />K. 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 />L. 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 />Redevelopment Plan regarding exercise of the power of eminent domain, shall be that, if the <br />Agency is or becomes authorized to acquire real property by exercise of the power of eminent <br />domain pursuant to the Redevelopment Plan, the Agency shall adhere to the following laws <br />and regulations in assessing just compensation and damages to affected property owners: The <br />Fifth Amendment to the United States Constitution, Article I, section 19 of the California <br />Constitution, the Eminent Domain Law (California Code of Civil Procedure Section <br />1230.010, et seq.), the California Relocation Assistance Act (California Government Code <br />Section 7260, et seq.), implementing rules and regulations (Title 25 California Code of <br />Regulations) and such other applicable local, state or federal ordinances, statutes, rules, <br />regulations and decisional law. The Agency shall assess the payment of fair market value for <br />interests in real property, payment for the taking and damaging of improvements, fixtures and <br />equipment, any diminution in value caused to a remainder of property acquired pursuant to a <br />resolution of necessity, relocation benefits and assistance, loss of business goodwill in <br />appropriate cases and the necessary costs of mitigating a loss of business goodwill. <br />Section 5. In addition to the limitations on acquisition of property by the Agency <br />under the California Community Redevelopment Law and the time limit for exercise of the <br />power of eminent domain under the Redevelopment Plan, as set forth in the Recitals <br />-2- <br />