Sierra County Board of Supervisors Agenda Transmittal & Record of Proceedings MEETING DATE: August 15, 2017 Regular Consent DEPARTMENT: County Counsel APPROVING PARTY: Dave Prentice PHONE NUMBER: 530 289 3295 TYPE OF AGENDA ITEM: Timed AGENDA ITEM: Discussion regarding complaint for validation with the California Department of Water Resources (Plaintiff) against all interested persons (Defendants) pursuant to California Code of Civil Procedure Section 860 et seq. and Government Code Section 17700. SUPPORTIVE DOCUMENTS ATTACHED: Memo Resolution Agreement Other Complaint filing BACKGROUND INFORMATION: FUNDING SOURCE: GENERAL FUND IMPACT: No General Fund Impact OTHER FUND: AMOUNT: $ N/A ARE ADDITIONAL PERSONNEL REQUIRED? IS THIS ITEM ALLOCATED IN THE BUDGET? Yes No Yes, No IS A BUDGET TRANSFER REQUIRED? Yes No SPACE BELOW FOR CLERK S USE BOARD ACTION: Approved Approved as amended Adopted Adopted as amended Denied Other No Action Taken COMMENTS: Set public hearing For: Direction to: Referred to: Continued to: Authorization given to: Resolution 2017 Agreement 2017 Ordinance Vote: Ayes: Noes: Abstain: Absent: By Consensus CLERK TO THE BOARD DATE
mq vvh - in p ice hing will stway wear Qting, aring i.dier ~tj:eat 1(Heat pnto 'I is ~ the [Clin {ases \ptay treat \1'//,v fl11lhiiiihjcoflsu (lfl '.101'1 IHift,YL'Il it' ;-'l hoo fo!ll 53(; ~I 6 l)266 www.sierracountyprospect.org l«iiimints! PUBLIC NOTICE * PUBLIC NOTICE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO SUMMONS (CITACION JUDICIAL)) NOTICE TO DEFENDANT: (AVISO AL OEMANOADO): ALL PERSONS INTERESTED IN THE MATTER of the Authorization of California WaterFix Revenue Bonds, the Issuance, Sale and Delivery of California WaterFix Revenue Bonds Series A, Series B and Subsequent Series, the Adoption of the California WaterFix Revenue Bond General Bond Resolution and the Supplemental Resolutions Providing for the Issuance of California WaterFix Revenue Bonds, and the Proceedings Related Thereto YOU ARE BEING SUED BY PLAINTIFF (LO ESTA OEMANOANOO EL OEMANOANTE): CALIFORNIA DEPARTMENT OF WATER RESOURCES NOTICE! YOU HAVE BEEN SUED. THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEING HEARD UNLESS YOU RESPOND NOT LATER THAN SEPTEMBER 15,2017, WHICH IS TEN (10) DAYS OR MORE AFTER COMPLETION OF THE PUBLICATION OF THIS SUMMONS. READ THE INFORMATION BELOW. AVISOI USTED HA SIDO DEMANDADO. EL TRIBUNAL PUEDE DECIDIR CONTRA USTED SIN AUDIENCIA A MENOS QUE USTED RESPONDA NO MAS TARDE QUE EL DIA 15 DE SEPTIEMBRE DE 2017, QUE ES DIEZ (10) DIAS 0 MAS DESPUES DETERMINACION DE PUBLI CACION DE ESTA CITACION JUDICIAL. LEA LA INFORMACION QUE SIGUE. ALL PERSONS INTERESTED IN THE MATTER OF THE AUTHORIZA TION OF CALIFORNIA WATERFIX REVENUE BONDS, THE ISSUANCE, SALE AND DELIVERY OF CALIFORNIA WATERFIX REVENUE BONDS SERIES A, SERIES B, AND SUBSEQUENT SERIES, THE ADOPTION OF THE CALIFORNIA WATERFIX REVENUE BOND GENERAL BOND RESO LUTION AND THE SUPPLEMENTAL RESOLUTIONS PROVIDING FOR THE ISSUANCE OF CALIFORNIA WATERFIX REVENUE BONDS, AND THE PROCEEDINGS RELATED THERETO: Plaintiff has tiled a civil complaint against you. You may contest the valid lty of the above matter by appearing and filing with the Court a written responsive pleading to the complaint not later than September 15, 2017, which is ten (1 0) days or more after the completion of the publication of this summons. Your pleading must be in the form required by the California Rules of Court. Your original pleading must be filed in this Court with proper filing fees and proof that a copy thereof was served on Plaintiff's attorney. Unless you so respond, your default will be entered upon Plaintiff's application, and the Plaintiff may apply to the Court for the relief demanded in the complaint. Persons who contest the validity of the matter described below and in the complaint will not be subject to punitive action, such as wage garnishment or seizure of their real or personal property. oe:r,.ile.o su~v n;; no&.. _.._nu..t i ry f(j j 1ued by, suspect I nee.. tred the covering 'The SUS ; several returned I tered th woundel,ey wee ppital i p to be t [orcem~ CollE r wrap lhe F< ~~.eel> ihild ' lazy al : lispal. ~ven ;!gist '...
DETAILED SUMMARY OF THE MATIER THAT - PLAINTIFF SEEKS TO VALIDATE: The Department constructed and operates and maintains the State Water Project (Project). In recent years, the Department has undertaken to develop a comprehensive plan for the effective delivery of Project water across the Sacramento-San Joaquin Delta in conjunction with the conservation and rehabilitation of the environment and species in and around the Delta. Currently, Project water is conveyed across the Delta through the channels of the river delta formed by the confluence of the Sacramento and San Joaquin Rivers, as those channels have been modified over 150 years by the con struction of levees, ship and other canals, flood protection channels, salinity gates and other facilities. The Department has approved the financing of the planning and design and, if and when appropriate, the acquisition and con struction of conveyance facilities known as the "California WaterFix." Broadly described, the California WaterFix would transport water from new intake points on the Sacramento River across the Delta by two underground tunnels running below the natural waterways of the Delta to export facilities at the southern edge of the Delta. The Department is authorized to carry out its various duties and functions in relation to the Project by the Central Valley Project Act (Cal. Water Code 11100 et seq.) (the "CVP Act") and the Burns-Porter Act (Cal. Water Code 12930 et seq.), among other authorities. The Department is authorized to construct un~s of the "project" as that term is defined by the CVP Act, and to issue revenue bonds to pay the capital costs of those units. Among ~s author ities, Section 11260 of the CVP Act authorizes the Department to include the California WaterFix as one or more of the units "provided lor in this chapter[;]' Section 11454 of the CVP Act authorizes the Department to "do any and all things which in its judgment are necessary, convenient, or expedient for the accomplishment of the purposes and objects of this part[;j" and Section 11700 of the CVP Act authorizes the Department to issue revenue bonds "[f]or the purpose of providing money and funds to pay the cost and expense of carrying out any of the objects and purposes of this part." On July 21, 2017, the Department adopted resolutions authorizing, among other matters, the issuance of revenue bonds, in multiple series, the proceeds of which would be used to pay the costs of the planning, design, acquisition, and construction of the California WaterFix. On the same date, the Department filed its validation complaint pursuant to Code of Civil Procedure section 860 et seq. In its complaint, the Department alleges, among other things, that it is statutorily authorized to issue revenue bonds to finance the acquisition and construction of the California WaterFix and to pledge California WaterFix revenues to secure the payment of debt service on these bonds in the manner provided by the Department's resolulions. In the authorizing resolutions, the Department found and determined that: (1) the preliminary cost estimate for California WaterFix, not including bond relat ed costs such as capitalized interest, costs of issuance and bond reserves, is $16 billion; (2) the estimated amount of such' costs to be raised by the issuance of California WaterFix revenue bonds is $8.8 billion; (3) the proba ble amount of money, property, materials or labor, if any, to be contributed from other sources in aid of the California WaterFix is $7.2 billion; and (4) the principal amount of bonds estimated to be required to be issued by the Department for the California WaterFix is $11 billion. The Department seeks in its validation action a judgment from the Court confirming the validity of the Department's authorization of the issuance, sale, and delivery of the California WaterFix revenue bonds, the pledge of California WaterFix revenues to secure the payment of debt service on those bonds in the manner provided by the authorizing resolutions, and the resolu lions and proceedings leading and related thereto, ali as described in the val idation complaint. The actual construction, operation, and maintenance of the California WaterFix is subject to statutory and regulatory requirements not at issue in the validation action, and the Department has not alleged in this action satisfaction of those requirements. The validation complaint, the accompanying exhibits, and a copy of this Summons are available online at https://www.californiawaterfix.com/ resources/planning-process/validation/. YOU MAY SEEK THE ADVICE OF AN ATIORNEY IN ANY MATIER CONNECTED WITH THE COMPLAINT OR THIS SUMMONS. SUCH ATIORNEY SHOULD BE CONSULTED PROMPTLY SO THAT YOUR PLEADING MAY BE FILED OR ENTERED WITHIN THE TIME REQUIRED BY THIS SUMMONS. Sl USTED DESEA SOLICITAR EL CONSEJO DE UN ABOGADO EN ESTE ASUNTO, DEBERIA HACERLO INMEDIATAMENTE. TALABOGADO DEBERIA SEA CONSULTADO PRONTO PARA QUE SU REPUESTA ESC RITA PUEDA SEA REGISTRADA DENTRO DEL TIEMPO REQUERIDO POR ESTA CITACION JUDICIAL. The name and address of the court is (E/ nombre y direcci6n del Tribunal es) Superior Court of the State of California, County of Sacramento, Gordon D. Schaber Sacramento County Courthouse, 720 9th Street, Sacramento, CA 95814 CASE NUMBER (Numero del Caso): 34 2017 00215965 The name, address, and telephone number of Plaintiff's attorneys is (el nombre, Ia direcci6n y el numero de telefono del abogado del demandante, 1 o del demandante que no Ilene abogado, es): '"'" ' Michael Weed, ORRICK, HERRINGTON & SUTC!:IFFE LLP, 400 Capitol Mall, Suite 3000, Sacramento, California 95814. Telephone:(916) 447 9200. FaX:(916) 329-4900 Date: 7/26/2017, Superior Court Clerk S. Khom Published In the Mountain Messenger August 3, 10 & 17, 2017