No.

S140911

]n tbe ~upreme <!Court of tbe ~tate of <!California

ANGELINA MORFIN VARGAS, et al., Appellants,

v.

CITY OF SALINAS, et af., Respondents,

AMICUS CURIAES' SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF SUPPLEMENTAL 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 StevenA. 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 T AXP AYERS' 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 ExhibitA.

This Request is supported by the Declaration of Christopher E. ..

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

April 13, 2006

Respectfull y submitted,

NIELSEN,. MERKSAMER, PARRINELLO, MUELLER & NAYLOR, L

By: Christopher E. Skinnell Attorneys for Amicus Curiae

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

SOLANO TRANSPORTATION IMPROVEMENT AUTHORITY One Harbor Center, Suite 130 Suisun City, CA 94585

[l]

1 49 **.W~,,*'1'*~'''' -_mECRLOT**C-032

PRSRTSTD us POSTAGE PAID

CCOM

-

Introducing Measure H, a new plan for Vallejo

We read you loud and clear: Vallejo residents want safer streets, less traffic and more local road repairs.

To improve our transportation system, the Solano Transportation Improvement Authority (ST1A) has a new plan for local road repairs and safety improvements. This plan will be submitted to voters as Measure H on the June 6 Primary ballot. You will vote whether to increase the local sales tax by one-half cent to finance these improvements.

Traffic Just Keeps Getting Worse and Dangerous Roads Threaten All of Us

The east/west route to the Bay Area via 1-80 and 1-680 serves the commercial needs of the entire western United States.

Local bottlenecks and safety concerns will only get worse as our population increases and our economy expands. As VallejO'S road system continues to age, we are simply not keeping up with fixing potholes and resurfacing decaying roads.

More Transportation Choices for Seniors

Right now, transit funds are inadequate to build and operate any major transit improvement programs in the County. The new plan will provide more transit services for our elderly and disabled citizens.

Our Measure H Safety

Ian will address the followin · New Ferry, Bus and Train Services

Safety improvements will target dangerous intersections, railroad crossings and routes our children take to schools.

Traffic signals will be synchronized to improve

traffic flow. .

Traffic relief will allow ambulance and firefighting personnel to respond to emergencies as quickly

as possible.

A new ferry boat will be added to improve and expand Baylink Ferry service from Vallejo to other Bay Area destinations. Express bus service along the 1-80/1-680/1-780 and HWY 12 corridors will be expanded to provide more frequent and faster service.

Three Capitol Corridor commuter trains be added traveling from Solano to BART, the Bay Area and Sacramento.

The Measure H plan for Solano County Wil.l return funding to Vallejo f.or ./. local projects.

-

Ii'

1-80 Corridor Highway and Express Bus Improvements

Freeway Ilmprovle'ments

Improvements will include rebuilding, upgrading and widening local interchanges and other facilities on 1-80, 1-680,1-780 and HWY 12.

State and federal funding limitations mean the 1-80/1-6801 HWY 12 interchange will not be improved for decades. New investments will target this bottl.eneck ASAP.

'.

II

Th' k you

for identifyi' the local Vallejo projects ~t are now listed in the Measure H Plan for Solano County!

Speciific lrnprovements for Vallejo:

Local Improvements

it Fix potholes and resurface local streets and roads

(d? Improve interchanges on 1-80, including Turner Parkway, Curtola Parkway, Tennessee Street and Redwood Street from the Carquinez Bridge to HWY 37

O. Improve HWY 29/Sonoma Blvd. through Vallejo from 1-80 to the Napa County line by adding traffic and turn lanes and synchronizing traffic lights

Ii Improve downtown waterfront walkways, landscaping and lighting

ii. Pedestrian and roadway safety improvements on portions of Broadway, Sacramento st. and Admiral Callaghan Lane

(iJJ Admiral Callaghan Lane/Redwood/l-80 eastbound ramp intersection channelization improvements

ii. Columbus Parkway improvements between Springs Road and Benicia Road

~ Citywide Safe Routes To Schools Program, including lighted crosswalks, speed bumps, countdown pedestrian signals and new sidewalks

~ Improve safety at dangerous intersections

More Transit Options

~ Provide seniors and the disabled more frequent transit services with expanded hours and discounts

r.r Complete funding for Vallejo Station

~ Compl.ete LemoniCurtola park-and-ride expansion Gil. Expand Vallejo's Express Bus Route 80 and Route 85 .' New ferry boat to provide expanded service to

the Bay Area

Pothol,es and What the Plan will fundi:

Road Repairs

Potholes will be filled and local streets will be rebuilt. Currently, we do not have adequate

funding to maintain 40%

our streets and roads.

1%

100% TOTAl

The Measure H plan for Solano County includes Key Taxpayer Safeguards

o The plan mUSt be traosportmion needs, changes, with all major

o

Ninety-nine percent of the funds 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.

o

Voter approval of Measure H would provide a half-cent sales tax for 30 years for Solano County's traffic relief and safety improvements described in this expenditure plan.

Solano Iransport<ltion Improvement AUlhorit

For more information about Measure H:

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

One Harbor Center, Suite 130 Suisun City, CA 94585

OFFICE: (707)424-6075

FAX.: (707)424-6074

The STIA was created to administer the sales tax program described in this brochure. The STIA Board of Directors is made up of elected representatives of the cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Vallejo and the County of Solano.

EXHIBITB

DECLARATION OF CHRISTOPHER E. SKINNELL IN SUPPORT OF AMICUS CURIAES' SUPPLEMENTAL 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 April 5, 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 April 13, 2006, a~ _ CHRISTOPHER E. SKINNELL F 4

EXHIBITB

Points and Authorities

Judicial notice may be taken of the official acts of government agencies under Evidence Code § 452( 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, 407 n.5; Edna Valley Assn. v. San Luis Obispo County & Cities Area Planning Coordinating Council (1977) 67 Ca1.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,

April 13, 2006

NIELSEN,·MERKSAMER, PARRINELLO, MUELLER & NAYLOR, LLP

~4

By: Christopher E. Skinnell

Attorneys for Amicus Curiae

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

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.

23 24 25

26

10 11 12 13 14 15 16

17 18 19

21

22

1 2

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

paula1!:{A_ ~ft

Vargas v. City of Salinas, et al.

CA Supreme Court Case No. S140911

PROOF OF SERVICE

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

3

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

4

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 591 Redwood Highway, Bldg. 4000, Mill Valley, 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 April 13, 2006 I served a true copy of the foregoingAMICUS CURIAES'

8 SUPPLEMENTAL REOUEST FOR JUDICIAL NOTICE URGING GRANT OF APPELLANTS' PETITION FOR REVIEW (Cal.R.Ct. 2S(g)) Vargas v. City of Salinas, No. 9 S140911 (6th Dist .• 135 Cal.App.4th 361) on the following parties in said action, by serving:

TIMOTHY A. BITTLE Howard Jarvis Taxpayers Assn 921 l l th St #1201

Sacramento, CA 95814

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

STEVEN J. ANDRE Attorney at Law

26540 Carmel Rancho Blvd Carmel, CA 93923-8736

M. CHRISTINE DA VI

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 PublDepublication requester HOWARD JARVIS TAXPAYERS ASSOCIATION

Executed in Mill Valley, California, on April 13, 2006.

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