HomeMy WebLinkAboutNotice of Intent to Obtain Amended Validation Judgement - 04.27.2017Indian Wells
I.� ok
(760)568-2611
Irvine
BEST BEST & "IEGER
(949) 263-2600
ATTORNEYS AT LAW
Los Angeles
(213) 617-8100
Ontario
3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502
(909) 989-8584
Phone: (951) 686-1450 1 Fax: (951) 686-3083 1 www.bbklaw.com
Danielle G. Sakai
(951)826-8328
danielle.sakai@bbklaw.com
File No. 82671.00001
April 27, 2017
VIA E-MAIL CITYCLERK@CUPERTINO.ORG
Grace Schmidt
City Clerk
City of Cupertino
cityclerk@cupertino.org
Sacramento
(916)325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
Re: Posting Notice of Intent to Obtain Amended Validation Judpment
Dear Ms. Schmidt:
We represent Golden State Finance Authority ("GSFA"), formerly California Home
Finance Authority ("CHF") regarding the Clean Energy and Property Assessed Clean Energy
("PACE") Programs. The City of Cupertino became an associate member of GSFA in order to
participate in the Clean Energy and CHF PACE Programs. The Clean Energy Program was
formed to finance or refinance the acquisition, installation and improvement of energy
efficiency, water conservation and renewable energy improvements permanently to or on real
property and in buildings, whether the real property or buildings are privately or publicly owned
and whether the real property or buildings are used for residential, commercial, industrial or
other purposes, and the CHF PACE Program was created to finance the installation of distributed
general renewable energy sources, energy and water efficiency improvements and electric
vehicle charging infrastructure. The improvements are financed through the use of voluntary
contractual assessments on the properties that the owners seek to improve.
GSFA filed a validation action in Sacramento County Superior Court under California
Code of Civil Procedure Section 860, seeking a court judgment declaring that each aspect of the
Clean Energy and CHF PACE Programs are valid and lawful, and prohibiting anyone from
challenging in the future any matter that was or could have been raised in the action. The case is
entitled California Home Finance Authority v. All Persons Interested, etc., Sacramento County
Superior Court, Case No. 34-2015-00174212.
GSFA is seeking to amend the validation judgment, to include financing for seismic
strengthening infrastructure for all types of property located in GSFA jurisdictional areas.
As the first step in obtaining an amended validation judgment, GSFA has been ordered to
post notice of an ex parte hearing to amend the judgment for a period of at least three days prior
to the ex parte hearing. The ex parte hearing is scheduled for May 30, 2017 at 9:00 a.m. in
82671.00001 \29746934.1
TO ALL PERSONS INTERESTED IN THE MATTER OF THE PROCEEDINGS FOR THE
CALIFORNIA HOME FINANCE AUTHORITY CLEAN ENERGY PROGRAM AND PACE
PROGRAM:
Golden State Finance Authority ("GSFA"), formerly known as California Home Finance
Authority ("CHF") is seeking to amend the validation Judgment obtained in Sacramento County
Superior Court, Case No. 34-2015-00174212, which authorized the finance or refinance for
acquisition, installation and improvement of energy efficiency, water conservation and,
renewable energy improvements affixed to or on real property and in buildings, whether the real
property or buildings are privately or publicly owned and whether the real property or buildings
are used for residential, commercial, industrial, or other purposes (the "Clean Energy Program")
and authorized the CHF Property Assessed Clean Energy ("PACE") Program to include the
financing of the seismic strengthening infrastructure for all types of property located in GSFA
jurisdictional areas..
GSFA is now seeking to amend the validation Judgment, to include (1) Resolution No.
2016-05, (2) to amend the Program Report for the PACE program to authorize the financing of
seismic strengthening improvements that are permanently fixed to residential, commercial,
industrial, agricultural or other real property in California pursuant to AB 811, and (3) to
authorize the levy of a special tax to finance or refinance Authorized Improvements which shall
include seismic improvements pursuant to AB 2618.
Any person who wishes to challenge the amendment to the validation Judgment must
provide written notice to Danielle Sakai at Best Best & Krieger LLP, 3390 University Ave., 5th
Floor, Riverside, CA 92501, phone number (951) 686-1450, by May 22, 2017, or appear at the
hearing on May 30, 2017 at 9:00 a.m. in Department 54 of the Sacramento County Superior
Court located at 720 9th Street, Sacramento, CA 95814.