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6.3.A. - Page 17 Health and Safety Code; and WHEREAS, on July 18, 2011, the League of California Cities and the California Redevelopment Association and others filed a petition on behalf of cities, counties and redevelopment agencies asking the California Supreme Court to overturn AB 1X 26 and AB 1 X 27; and WHEREAS, on August 11, 2011, the California Supreme Court agreed to hear the petition and issued a partial stay of enforcement of AB 1X 26 and AB 1X 27, and on August 17, 2011 issued a modified partial stay of enforcement of AB1X 26 and AB 1X 27; and WHEREAS, on September 12, 2011, the City adopted Ordinance No. , stating the City's election to participate in the Alternative Voluntary Redevelopment Program, subject to certain terms and conditions, and has notified the San Mateo County Auditor - Controller, the Controller of the State of California, and the California Department of Finance of such election ( "Ordinance "); and WHEREAS, the Ordinance shall not take effect unless and until the stay on the enforcement of AB 1X 26 and AB 1X 27 issued by the California Supreme Court is lifted, and AB 1X 26 and AB 1X 27 are upheld as constitutional by a court of competent jurisdiction; and WHEREAS, participation in the Alternative Voluntary Redevelopment Program requires the City to remit specified annual amounts to the county auditor - controller ( "Community Remittance "); and WHEREAS, while the City currently intends to make these Community Remittances when due once the stay of enforcement is lifted and if and only if AB 1X 26 and AB 1X 27 are upheld as constitutional and valid; and WHEREAS, California Health and Safety Code Section 34194.2, enacted by AB 1X 27, provides that the City may enter into an agreement with the Agency, whereby the ATTY /RESO.2158/ (RDA) 082611 2