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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 />WHEREAS, on August 11, 2011, the Supreme Court issued an order in the Legal <br />Action granting a partial stay of California Health and Safety Code Sections 34161, et seq., <br />exclusive of California Health and Safety Code Sections 34161 through 34167 (which <br />suspend all new redevelopment activity), and a complete stay of California Health and Safety <br />Code Sections 34192, et seq., such that the City and the Agency cannot currently pursue new <br />redevelopment activity under the Alternative Voluntary Redevelopment Program <br />(collectively, "Stay"); and <br />WHEREAS, if upheld by the Supreme Court, the Alternative Voluntary <br />Redevelopment Program would allow the Agency to continue pursuing redevelopment within <br />the City, rather than being dissolved pursuant to California Health and Safety Code Sections <br />34161, et seq.; and <br />WHEREAS, in order to participate in the Alternative Voluntary Redevelopment <br />Program, if and when the program goes back into effect, the City must adopt an ordinance <br />stating the City's participation in the program and notify the County of San Bernardino <br />Auditor -Controller, the State Controller and the State Department of Finance of such <br />participation; and <br />WHEREAS, California Health and Safety Code Sections 34192, et seq., provides that <br />the City must adopt such an ordinance before November 1, 2011, and there is no assurance <br />that the Supreme Court will provide additional time to adopt such an ordinance, if California <br />Health and Safety Code Sections 34192, et seq., are eventually upheld by the Supreme Court; <br />and <br />WHEREAS, participation in the Alternative Voluntary Redevelopment Program <br />requires the City to pay certain dollar amounts annually, based on formulas set forth in <br />California Health and Safety Code Section 34194 ("Community Remittance"), to the County <br />of San Bernardino Auditor -Controller; and <br />WHEREAS, for Fiscal Year 2011-2012 the State of California Director of Finance <br />was required to notify the City by August 1, 2011, of the dollar amount of the Community <br />Remittance payable by the City to participate in the Alternative Voluntary Redevelopment <br />Program for such fiscal year; and <br />WHEREAS, the State of California Director of Finance notified the City, as of <br />August 1, 2011, that the dollar amount of the Community Remittance payable by the City to <br />participate in the Alternative Voluntary Redevelopment Program for Fiscal Year 2011-2012 is <br />Three Million Two Hundred Forty Thousand Nine Dollars ($3,240,009); and <br />WHEREAS, the City has timely filed an appeal of the Community Remittance <br />payment amount for Fiscal Year 2011-2012 with the State of California Director of Finance; <br />and <br />WHEREAS, the County of San Bernardino Auditor -Controller may charge the City a <br />fee that does not exceed the reasonable costs to the County of San Bernardino Auditor - <br />Controller for implementing the Alternative Voluntary Redevelopment Program; and <br />2 <br />