No.

S140911

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3Jn tDe ~upreme <tourt of tDe ~tate of <!California

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ANGELINA MORFIN VARGAS, et af., Appellants,

v.

CITY OFSALINAS, et al.,

Respondents,

AMICUS CURIAES' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF LETTER URGING GRANT OF APPELLANTS' PETITION FOR REVIEW

After a Decision by the Court of Appeal Sixth Appellate District

No. H027693

On Appeal from the Superior Court of Monterey County The Honorable Robert O'Farrell, Presiding Superior Court Case No. M61489

NIELSEN, MERKSAMER, PARRINELLO, MUELLER & NAYLOR, LLP Steven A. Merksamer, SBN 66838

James R. Parrinello, SBN 63415

Christopher E. Skinnell, SBN 227093

591 Redwood Highway, #4000

Mill Valley, California 94941

Telephone: (415) 389-6800

Fax: (415) 388-6874

Attorneys for Amicus Curiae in Support of Appellants' Petition for Review

CALIFORNIA CHAMBER OF COMMERCE, CALIFORNIA TAXPAYERS' ASSOCIATION, CALIFORNIA BUSINESS ROUNDTABLE and CALIFORNIA BUSINESS PROPERTIES ASSOCIATION

Amicus Curiae In Support Of Appellants' Petition For Review, the CALIFORNIA CHAMBER OF COMMERCE, CALIFORNIA TAXPAYERS' ASSOCIATION, CALIFORNIA BUSINESS ROUNDTABLE and CALIFORNIA BUSINESS PROPERTIES ASSOCIATION, hereby request the Court to take judicial notice of a recent mailing sent by the Solano Transportation Improvement Authority to voters in Solano County, touting the benefits of increased funding for transportation improvements, and "informing" the voters that they will soon be" asked to decide on a ballot measure that would increase taxes to create such funding. A copy of the mailer is attached as Exhibit A.

This Request is supported by the Declaration of Christopher E.

Skinnell, attached hereto as Exhibit B, and the Points and Authorities also attached hereto.

Respectfully submitted,

March 7,2006

By: Christop er E. Skinnell Attorneys for Amicus Curiae

CALIFORNIA CHAMBER OF COMMERCE, CALIFORNIA TAXPAYERS' ASSOCIATION, CALIFORNIA BUSINESS ROUNDTABLE and CALIFORNIA BUSINESS PROPERTIES ASSOCIATION

SOLANO COUNTY

270 ********* .. *** .... hECRLOT**C-032

THE FAMILY

BEACH ST VALl..EJO CA 945~-7061

PRSRT STD US POSTAGE PAID

CCOM

Traffic Relief ... Safer Streets ... Road Repairs ... Transit

The Solano Transportation Improvement Authority (STIA) reads you loud and clear.

Solano County residents have told us that our quality of life depends on our ability to fix congestion, maintain and improve our roads and make our highways and local streets safer.

To do the job, we've created a new transportation plan for Solano County.

Traffic Just Keeps Getting Worse - Dangerous Roads Threaten All of Us Commercial and tourist traffic feeding the Bay Area funnels right through our communities. It will only get worse as our population grows.

Unless we do something now, our roads will be jammed beyond capacity and will fall into dangerous disrepair.

There is a Plan to Address Traffic Congestion and Unsafe Roads for Solano County Residents - The New Measure H Plan

raffic

........ You Decide

Our new Measure H plan for Solano County will address our critical transportation needs.

Safety Projects

Our local intersections cause too many accidents. Traffic signals need to be synchronized to improve traffic flow in local neighborhoods and dangerous roads and intersections need to be improved.

Safe Routes to Schools

A safe and secure learning environment means getting our children to school without the threat of unsafe traffic conditions. The Safe Routes to Schools Program (SR2S) will enhance safe walking and bike routes to schools.

Fix the Interchange

The 1-80/1-680/HWY 12 interchange has experienced an increase of 45,000 more daily trips since 1995, to over 215,000 per day. This interchange is a major commuter route to jobs in the Bay Area, Sacramento and throughout Solano County, and is a major truck route linking the Port of Oakland to the rest of the West. Current state and federal funding limitations mean this interchange cannot be fixed for 30 to 50 years.

Potholes and Road Repairs

Solano County is behind in funding basic city street and county road maintenance. Potholes need to be filled and crumbling roads need to be rebuilt NOW. Today, there is insufficient funding for such investments.

1-80, 1-680 and 1-780 Corridor Projects

Our highways need safety improvements. Our plan includes rebuilding, upgrading and widening local interchanges on all three of these interstate highways in the county on 1-80 from DixonNacavilie to Vallejo; on 1-680 from Benicia to Fairfield; and on 1-780 from Benicia to Vallejo.

HWY12

As travel grows in the HWY 12 corridor, we need to make key safety improvements. Our plan includes safety and capacity improvements on HWY 12 east from 1-80 through Rio Vista, including the Rio Vista Bridge; and on HWY 12 west (Jameson Canyon) from 1-80 to HWY 29.

HWY 113

Our plan also includes funding for safety improvements between 1-80 and HWY 12, and the relocation of truck traffic away from HWY 113, First Street and the 1-80/HWY 113 intersection.

More Transportation Choices for Seniors

In Solano County, the 65-and-older age group will increase from 43,000 in 2005 to 114,500 in 2030. We need to prepare for this demographic shift by planning for more transit and paratransit services for our seniors and disabled citizens.

Expanded Rapid Transit:

New Rail and Expanded Commuter Bus Service

Express bus service along the 1-80/1-680/1-780 corridor will be expanded and new service on HWY 12 will be needed for travel from Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville and Vallejo traveling to the Bay Area, Davis, Napa and Sacramento.

The proposed plan also provides three new Amtrak commuter trains on the Capitol Corridor serving Solano's current station in Suisun City and new stations in Benicia, Dixon and FairfieldNacavilie (connecting to BART, the Bay Area, Davis and Sacramento), and will add one new Baylink ferry providing service between Vallejo and the Bay Area and a proposed new ferry connector to Benicia.

These traffic safety and commuter improvements cost money.

The voters must decide whether to approve a local half-cent sales tax to fund these projects.

INSIDE for Proposed New Improvements!

Solano County Res

Highway Corridor Improvements and Safety Projects

olano County residents have made it clear - Commuters want safety improvements on our roads, less traffic :.--Gongestion on our highways, and better transit connections.

/'

VL That's why the new Measure H plan for Solano County win target 11e following:

;; •• Interchange

• New travel lanes

• Better connections between 1-80, 1-680 and HWY 12

• The relocation of the Cordelia Truck Scales to improve safety and efficiency

• Separation of truck traffic from other traffic with separated ramps

• Alternate routes for local traffic

---

W • ~ Corridor Projects

• New travel lanes and auxiliary lanes at key locations

• Upgraded maier interchange connections to major freeways to speed traffic flow and improve safety

• A high occupancy vehicle (HOV) lane on 1-80 from Vallejo to Vacaville

• New park-and-ride lots for bus, ferry, rail and rideshare commuters

• Improvements

• Safety and capacity improvements on HWY12 east between 1-80 and the Sacramento River in Hio Vista, including a detailed action plan for widening the Rio Vista Bridge

• New lanes for HWY 12 west, Jameson Canyon Road, making it four lanes from 1-80 to the Napa County line to relieve congestion and improve safety

db Improvements

• Safety improvements between 1-80 and HWY 12

• Relocation of truck traffic away from HWY 113, First Street and the 1-80 intersection

Local Money will be Returned for Local Projects in Your Neighborhood

Each city and the County of Solano will receive their fair share of new funds for:

ents Have Spoken:

n is" a Key to our Future 0 '

Measure H Projects:

Traffic Relief and Safety Improvement Projects for Solano County

HWY12

Jameson Canyon Road Improvements

/-801/-680IHWY 12

Corridor, Safety and Transit Improvements

Vallejo Baylink Ferry

Ferry and Express Bus Improvements

/-780 Corridor

Corridor, Safety and Transit Improvements

/-680 Corridor

Corridor, Safety and Transit Improvements

• Replacing aging pavement

• Replacing deteriorating bridge structures and other critically-needed local maintenance needs

• Local safety projects

More Services for Seniors and the Disabled

To accommodate increases in our senior population:

• Fare discounts on fixed route bus and rail transit services

• Expansion of special transit services for seniors and disabled citizens who can't drive or use regular transit services

• New and expanded affordable evening and weekend taxi services

Funding for Local Safety and Safe Routes to Schools

• Improved safety for walking and biking routes to schools

• Improvements to dangerous streets and intersections

• Improve key botllenecksfor emergency vehicles driving during peak commute times

• Emergency repairs to transportation facilities due to natural or manmade disasters

Commuter Rail Service

• Three [lew Amtrak commuter trains on the Capitol Corridor during peal commute hours connecting Solano County from Benicia, Dixon, FairfieldNacaville and Suisun City to:

-BART

- Bay Area

- Sacramento

Express Bus Service to the Bay Area Along

• ¥ ~ • Corridors & Vallejo Baylink Ferry Service

• Expanded express bus service to the Bay Area and Sacramento, with connections to BART, Amtrak Capitol Corridor rail services and the Vallejo Baylink ferry

• Expanded express bus service on 1-80/1-680/1-780 corridors and new service on HWY 12 corridor (with connections to all Solano County cities)

• Vallejo Baylink ferry service will be expanded by adding one additional ferry, increasing the frequency of operation, and starting new proposed service to Benicia

Improving travel safety

is our number one priority.

To improve safety, our plan will improve dangerous intersections and roads, install new traffic lights, improve safe routes to schools and improve fire and emergency personnel response time.

Crash

As mom pushes stroller. child is struck by car '

1 ~ -22-2006, t, e 'Repaliten (iVacavll,leJ

Crash kills three on 1-80

Or: 9-2005, Daify ~epublic (F.airtield)

Roadways in disarray

(j)7 -0 -2el05, TfJ§ FifepGJt:ter

Crash closes highway

1 1 -26-2005, TJ e Reporter

Readers list danaer_n .. ,. -- - 11-20-2005, L

Deaths moul irbthe county 07-01-2005

,

The New Measure H Plan for Solano County Includes Key Taxpayer Safeguards

The proposed plan includes legal restrictions to ensure that taxpayer funding is spent only on transportation projects and services needed for congestion relief, road repairs and safety protections.

LOOK INSIDE for PROPOSED

NEW TRANSPORTATION IMPROVEMENTS!

It will create an "Independent Taxpayer Watchdog Committee" to audit and monitor all voter-approved taxpayer funds and mandates.

These funds cannot be spent on other public programs without voter approval.

The plan contains additional safeguards to protect local taxpayers:

Only approved transportation and safety improvements from the plan will be eligible to receive sales tax funds.

Each year, there will be an independent financial and performance audit supervised by an Independent Taxpayer Watchdog Committee. All recommendations of the Independent Taxpayer Watchdog Committee shall be made public and presented to the Solano Transportation Improvement Authority (STIA) so that all voter-approved mandates are met and to check on STIA's performance in delivering needed improvements.

The plan must be updated every 10 years to meet changing local transportation needs, as well as technological and demographic changes, with all major changes approved by the voters.

Ninety-nine percent of the funds raised by the proposed sales tax will go directly to needed project and program improvements. No more than one percent can be used for STIA employee salaries and benefits.

The sales tax will automatically expire in 30 years, unless extended by voters by another 2/3 vote.

Solano Transportation ImprovC!mC!nt ! Autherit

For more information about Measure H:

Go to www.stia.ca.gov or call us at (707)424-6075. or email yourquestionstoexpenditureplan@sta-sncl.com

. . ales tax rogram described in this brochure.

The STIA was created to adminIster the s d P sentatives of the cities of Bemcla,

. t s made up of electe repre f S I .",

The STIA Board of ouec ors I . . '11 VallejO and the County 0 a ana.

Dixon. Fairfield, Rio Vista, SUIsun CItY, vacav: e,

One Harbor Center, Suite 130 Suisun City, CA 94585

OFFICE (707)424-6075

F x· aon ? -6074

EXHIBITB

DECLARATION OF CHRISTOPHER E. SKINNELL IN SUPPORT OF AMICUS CURIAES' REQUEST FOR JUDICIAL NOTICE

CHRISTOPHER E. SKINNELL declares under penalty of perjury as follows:

1. I am one of the attorneys for Amicus Curiae In Support of

Appellants' Petition for Review in this case, the California Chamber of Commerce, California Taxpayers' Association, California Business Roundtable and California Business Properties Association.

2. I am a resident and registered voter in Solano County.

Attached as Exhibit A to Amicus Curiaes' Request for Judicial Notice is a true and correct copy of a mailing that I personally received at my home address through the U.S. mail on or about March 2,2006.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own personal knowledge except for those matters stated on information and belief and, as to those matters, I believe them to be true. If called as a witness, I could competently testify thereto.

Executed on March 7, 2006, at Mill Valley, California.

C4&<~,.£

CHRISTOPHER E. SKINNELL

EXHIBITB

Points and Authorities

Judicial notice may be taken of the official acts of government agencies under Evidence Code § 4S2{c), including documents published by the agency. (See Serrano v. Priest (1971) 5 Ca1.3d 584, 591; Moore v. Superior Court (2004) 117 Ca1.AppAth 401, 407n.5; Edna Valley Assn. v. San Luis Obispo County & Cities Area Planning Coordinating Council (1977) 67 Cal.App.3d 444, 449; Cooke v. Superior Court (1989) 213 Cal.App.3d 401, 416, disapproved on other grounds by County of San Diego v. State of Cal. (1997) 15 Ca1.4th 68, 106 n.30.)

Respectfully submitted,

March 7, 2006

NIELSEN, MERKSAMER, PARRINELLO, ~.E~&NAYL~L~ _

~.~

By: Christopher E. Skinnell

Attorneys for Amicus Curiae CALIFORNIA CHAMBER OF COMMERCE, CALIFORNIA TAXPAYERS' ASSOCIATION, CALIFORNIA BUSINESS ROUNDTABLE and CALIFORNIA BUSINESS PROPERTIES ASSOCIA nON

TIMOTHY A. BITTLE

15 Howard Jarvis Taxpayers Assn 921 11th St #1201

16 Sacramento, CA 95814

17 Attorneys for Pub/Depublication requester HOWARD JARVIS T AXPA YERS

18 ASSOCIATION

19

9 10 11 12 13 14

1 2 3 4

Vargas v. City of Salinas, et al.

CA Supreme Court Case No. S140911

PROOF OF SERVICE

(Code Civ. Proc. §§ 1011, 1013,2015.5) (Cal. Rules of Court, rule 2008(e))

I, the undersigned, declare under penalty of perjury that:

I am a citizen of the United States employed in the County of Marin. I am over the age of 18 5 and not .a party to the within cause of action. My business address is 5 91 Redwood Highway, Bldg. 4000, Mill V alley, California 94941. I am readily familiar with my employer's practices for

6 collection and processing of correspondence for mailing with the United States Postal Service and for pickup by Federal Express.

7

On March 8,2006 I served a true copy of the foregoingAMICUS CURIAES' REQUEST 8 FOR JUDICIAL NOTICE IN SUPPORT OF LETTER URGING GRANT OF APPELLANTS' PETITION FOR REVIEW on the following parties in said action, by serving:

STEVEN 1. ANDRE Attorney at Law

26540 Carmel Rancho Blvd Carmel, CA 93923-8736

M.CHRISTINE DAVI

Sr. Deputy City Attorney, City of Salinas 200 Lincoln Ave

Salinas, CA 93901

Attorneys for Plaintiffs and Appellants ANGELINA MORFIN VARGAS and MARK DIEROLF

Attorneys for Defendants and Respondents CITY OF SALINAS and DAVE MORA, City Manager, City of Salinas

20 _x_ BY U.S. MAIL: By following ordinary business practices and placing for collection and

mailing at 591 Redwood Highway, #4000, Mill Valley, CA, a true copy of the abovereferenced document(s), enclosed in a sealed envelope; in the ordinary course of business, the above documents would have been deposited for first-class delivery with the United States Postal Service the same day they were placed for deposit, with postage thereon fully prepaid.

21

22

23 24 25 26

Executed in Mill Valley, California, on March 8,2006.

I declare under penalty of perjury, that the foregoing is true and correct.

T>M~ ~r

Paula Scott

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