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Home My WebLink AboutGSFA Letter to Butte Cty Re Posting NOI to Obtain Amended Validation Judgment Menchaca, Clarissa From: Snyder, Ashley Sent: Friday, April 28, 2017 8:04 AM To,: BOS Cc: Menchaca, Clarissa Subject: FW: Letter to County of Butte Re Posting Notice of Intent to Obtain Amended Validation Judgment,PDF Attachments: Letter to County of Butte Re Posting Notice of Intent to Obtain Amended Validation Judgment-c2.PDF Please see the below email and attached letter regarding GSFA. This will be posted in our office today. AsKeU N, SvUdey Assistant Clerk of the Board Butte County Administration 25 County Center Drive, Suite 200, Oroville CA 95965 T: 530-538-2867 1 F: 530.538.7120 Twitter I Facebook I YouTube I Pinterest ATHM ABOUT RESOURCE CONSERVATION.P�ea,se don't print this email unlessnecessary. Confidentiality Notice:This e-rnoil and any attachment thereto may contain private,confidential and privileged rnaterjoiI for the sole use of the intended recipient.Any review,copying,or distribution of this e-mail(or any attachments thereto)by other than the County of Butte or the intended recipient is strictly prohibited.d you are NOT the intended recipient,pieuse contact the sender immediately and perimnently delete the original and any copies of this e-rnait and any attachments thereto. From: Danielle Sakai [mailto:Danielle.Sakai@bbklaw.comI Sent:Thursday,April 27, 2017 11:00 AM To: Snyder, Ashley<ansnyder@buttecounty.net> Cc:Tammy Ingram <Tarnmy.Ingram@bbkIaw.com> Subject: Letter to County of Butte Re Posting Notice of Intent to Obtain Amended Validation Judgment.PDF Ms. Snyder, Please find attached correspondence being sent on behalf of the Golden State Finance Authority,formerly California Home Finance Authority ("CHF") related to the Clean Energy and Property Assessed Clean Energy Programs ("PACE"), which your County has chosen to join. GSFA requests your assistance in posting, in a public place, notice of a pending Court hearing related to the Clean Energy and CHF PACE Programs. Please contact me with any comments or questions. We would appreciate a response to this email confirming the dates that the notice has or will be posted. 1 Thank you, Danielle Danielle Sakai Partner danieIIe.sakai@)bbklaw.com � hAM (0 R" T (95 1)826-8328 C (310)387-9710 This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received. 2 Indian Wells IN�� Sacramento (760)568-2611 (916)325-4000 Irvine BEST BEST&KRIEGER San Diego (949)263-2600 A T T O R N F Y 5 AT LAW (619)525-1300 Las Angeles Walnut Creek (213)617-8100 (925)977-3300 Ontario 3390 University Avenue,5th Floor,P.O.Box 1028,Riverside,CA 92502 Washington,DC (909)989-8584 Phone:(951)686-1450 1 Fax:(951)686-3083 1 www.bbklaw.com (202)765-0600 Danielle G.Sakai (951)826-8328 danielle.sakai@bbklaw.com File No.82671.00001 April 24, 2017 VIAE-MAIL: ANSNYDER@BUTTECOUNTY.NET Ashley Snyder Clerk of the Board County of Butte 25 County Center Drive, Ste. 200 Oroville, CA 95965 Re: Posting Notice of Intent to Obtain Amended Validation Jud meat Dear Ms. Snyder: 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 County of Butte 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 82671.00001129729203.1 I.ik BEST BEST&KRIEGER ATTORNEYS AT LAW Ashley Snyder Clerk of the Board April 24, 2017 Page 2 to the ex parte hearing. The ex parte hearing is scheduled for May 30, 2017 at 9:00 a.m. in Department 54 of the Sacramento County Superior Court located at 720 9th Street, Sacramento, California 95814. 1 write to request that you post notice of the ex parte hearings in a public place within your jurisdiction by May 1, 2017, and keep it posted until at least May 26, 2017. A copy of the notice is enclosed with this letter. Please confirm via email the dates that the notice is being posted, so that we may inform the Court of the same. Posting the notice will ensure that the Court has jurisdiction to amend the validation judgment and protect the Clean Energy and CHF PACE Programs from future attack. Thank you for your assistance with this matter. Please do not hesitate to contact me with any questions or concerns. Sincerely, Danielle G. Sakai of BEST BEST& KRIEGER LLP Enclosure: Notice 82671.00001129729203.1 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-OOI74212, 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.