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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 />17i <br />18 <br />19 <br />20 <br />21 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />I. 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 Amended Redevelopment Plan; <br />J. The Amended Redevelopment Plan authorized the Agency to acquire certain <br />real property within the Project Area by exercise of the power of eminent domain for twelve <br />(12) years following the effective date of the Ordinance approving and adopting the Amended <br />Redevelopment Plan; <br />K. The last date on which the Agency could acquire property by exercise of the <br />power of eminent domain pursuant to the Amended Redevelopment Plan was June 3, 1998; <br />L. The City Council intends to promote effective redevelopment, without abuse of <br />the power of eminent domain; <br />M. The City Council now desires to adopt an Eminent Domain Program for the <br />Amended Redevelopment Plan describing the Agency's program to acquire real property by <br />eminent domain under the Amended Redevelopment Plan, including any limitations on the <br />Agency's exercise of the power of eminent domain under the Amended Redevelopment Plan; <br />N. 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 />O. 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 Amended Redevelopment Plan, in accordance with Health and Safety Code Section <br />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 Amended Redevelopment Plan, in addition to the specific <br />provisions of the Amended Redevelopment Plan regarding exercise of the power of eminent <br />domain, shall be that, if the Agency is or becomes authorized to acquire real property by <br />-2- <br />