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participate in the program and notifying the County of San Bernardino Auditor -Controller, the State <br />Controller and the State Department of Finance of such election; and <br />WHEREAS, participation in the Alternative Voluntary Redevelopment Program requires the <br />City to pay certain dollar amounts annually, based on formulas set forth in California Health and <br />Safety Code Section 34194, to the County of San Bernardino Auditor -Controller; and <br />WHEREAS, for Fiscal Year 2011-2012 the State of California Director of Finance is legally <br />required to notify the City of the dollar amount payable by the City to participate in the Alternative <br />Voluntary Redevelopment Program for such fiscal year, by August 1, 2011; and <br />WHEREAS, the State of California Director of Finance informed the City as of August 1, <br />2011 that the dollar amount payable by the City to participate in the Alternative Voluntary <br />Redevelopment Program for Fiscal Year 2011-2012 is Three Million Two Hundred Forty Thousand <br />Nine Dollars ($3,240,009); and <br />WHEREAS, the County of San Bernardino Auditor -Controller may charge the City a fee that <br />does not exceed the reasonable costs to the County of San Bernardino Auditor -Controller for <br />implementing the Alternative Voluntary Redevelopment Program; and <br />WHEREAS, if the City participates in the Alternative Voluntary Redevelopment Program, <br />but later fails to make the required community remittance payments to the County of San Bernardino <br />Auditor -Controller, the City will have assigned its rights to receive payments under agreements with <br />the Agency and the Agency will be subject to dissolution, pursuant to California Health and Safety <br />Code Sections 34161, et seq. <br />WHEREAS, the City is informed that one or more legal actions challenging the <br />constitutionality, legality, validity, enforceability or applicability of all or a portion of California <br />Health and Safety Code Sections 34161, et seq., California Health and Safety Code Sections 34192, <br />et seq., and related statutes have been filed by others; and <br />WHEREAS, the City intends to participate in the Alternative Voluntary Redevelopment <br />Program, under the current state of the laws of the State of California, as of the date of adoption of <br />this Urgency Ordinance, which recently stopped all redevelopment activity within the City, dissolves <br />the Agency on October 1, 2011, and threatens the future health, safety and welfare of the City; and <br />WHEREAS, the City does not intend to participate in the Alternative Voluntary <br />Redevelopment Program, if all or any portion of California Health and Safety Code Sections 34161, <br />et seq., or California Health and Safety Code Sections 34192, et seg., are determined by a court of <br />competent jurisdiction to be unconstitutional, illegal, invalid or otherwise unenforceable or <br />inapplicable, for any reason or in any manner that allows the Agency to continue its operations and <br />redevelopment activities in a manner acceptable to the City Council, without the City's participation <br />in the Alternative Voluntary Redevelopment Program, and all appeals of such court determination are <br />exhausted or unsuccessful, or the time for filing an appeal of such court determination has lapsed; and <br />2 <br />