XXIV, 4, subd. App. 4th 1069, 1089 [40 Cal. 3d 685, 691 [97 Cal. The result is Chapter 433." XIII A] of a kind, similar to many others, which necessarily and over a period of time will require judicial, legislative and administrative construction. Caltrans also cites a report of the Senate Transportation Committee referring to various conflicting evaluations and studies on the subject of the cost-effectiveness of private contracting (Sen. Transportation Com., Rep. on Sen. Bill No. We therefore limit our present discussion to the effect of Chapter 433 on the trial court's injunction and subsequent enforcement orders. Of course, under Riley, Caltrans has had and continues to have the opportunity to justify specific private contracts on the basis that they are needed to assure timely project delivery unobtainable through the available state civil service. Eric M. Moberg v. Contra Costa Community College District, Folsom-Cordova Education Association v. Folsom-Cordova Unified School District, Victor Valley Teachers Association v. Victor Valley Union High School District, Jennifer Koontz v. Pasadena Area Community College District, Service Employees International Union Local 1021 v. County of Alameda, University Professional and Technical Employees CWA Local 9119 v. Regents of the University of California, California Federation of Interpreters, Local 39000 TNG-CWA v. Orange County Superior Court, David Southcott v. Julian-Cuyamaca Fire Protection District, California Federation of Interpreters, Local 39000 TNG-CWA v. Region 3 Court Interpreter Employment Relations Committee, C. L. Felicijan & W. Hetman v. Santa Ana Educators Association, American Federation of State, County & Municipal Employees Local 3947 v. City of Compton, Philip Stephen Fay v. Tahoe-Truckee Sanitation Agency, Service Employees International Union Local 1021 v. Alameda Health System, California School Employees Association-Chapter 348 v. South Whittier School District, Union of American Physicians & Dentists v. State of California (California Correctional Health Care Services), Christine L. Felicijan v. Santa Ana Unified School District, Woodville Teachers Association, CTA/NEA v. Woodville Union School District, Terrell Emanuel Turner v. Long Beach Unified School District, Joseph E. Knighten, Sr. v. Painters & Allied Trades, District Council 16, International Brotherhood of Electrical Workers Local 465 v. Imperial Irrigation District, University Professional & Technical Employees Communication Workers of America Local 9119 v. Butte-Glenn Community College District, Grossmont Cuyamaca Community College District Administrators Association v. Grossmont-Cuyamaca Community College District, Newport-Mesa American Federation of Teachers, Local 1794 v. Newport-Mesa Unified School District, Santa Paula Police Officers Association v. City of Santa Paula, Service Employees International Union Local 1000 v. State of California (Department of Corrections and Rehabilitation and California Correctional Health Care Services), Coachella Valley Water District Employee Association v. Coachella Valley Water District, Service Employees International Union, Local 521 v. Kern County Hospital Authority, International Union of Operating Engineers Local 501 v. State of California (Department of Transportation), International Federation of Professional & Technical Engineers, Local 21, AFL-CIO v. City & County of San Francisco, Service Employees International Union Local 1021 v. City & County of San Francisco. ' [Citations.]" Rptr. To perform the remaining project development work targeted for private consultants, Caltrans made limited term, retired annuitant, or temporary civil service appointments. Recent legislation authorizes a court to modify or dissolve an injunction or temporary restraining order "upon a showing that there has been a material change in the facts upon which the injunction or temporary restraining order was granted, that the law upon which the injunction or temporary restraining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order." A Span in Time tells the saga of the 2007 Labor Day weekend Bay Bridge construction project, with the now-legendary C.C. On this point, the Legislature obviously had in mind the fact that the retrofitting, which had been mandated by statute following the Loma Prieta Earthquake in 1989, required completion by December 31, 1994, at the latest. 4th 584] highly and technically skilled in his science or profession is one which may properly be made without competitive bidding.' (Legis. Chapter 433 simply expands Caltrans's power to contract with private entities to perform that work. at p. 696; Miller v. Board of Public Works, supra, 195 Cal. opn., ante, at p. Assuming Riley's premise is correct, however, and the Constitution indeed limits private contracting, these subsequent cases seem reasonable, practical interpretations of the general constitutional provision. In the absence of any substantial evidence supporting this legislative intent to accommodate Caltrans in circumventing the court's injunction, we must deem this purpose, however clearly expressed, insufficient to satisfy the constitutional mandate. Rptr. 4.) Nothing in Turner or the cases on which it relies suggests that the standard enunciated in Turner applies outside the First Amendment realm. "); People v. Globe Grain & Mill Co., supra, 211 Cal. Collectively exercising their "independent judgment of the facts," the majority ultimately determine there is no "substantial" evidence to support the Legislature's enactment of Chapter 433. Thus, Chapter 433, when properly interpreted, does not disregard the constitutional restriction on private contracting, but instead is consistent with the purposes of article VII. "Under the system of government created by our Constitution, it is up to legislatures, not courts, to decide on the wisdom and utility of legislation." Habtamu has successfully . App. 239, 583 P.2d 1281].) (See dis. 3d 797, 812 [183 Cal. There is aQualification Flowchartdepicting the requirements. As the Court of Appeal majority recognized, these provisions, though somewhat inartfully drafted, seem aimed at authorizing Caltrans's private contracting and circumventing the trial court's injunction and subsequent enforcement orders. Following trial, on March 26, 1990, the court (Sacramento Superior Court, Eugene T. Gualco, Judge), issued an extensive statement of decision in plaintiffs' favor. 30.). (Lockard v. City of Los Angeles, supra, 33 Cal.2d at p. California Association of Professional Scientists (CAPS) 11 . Emp. 4th 595] 25 Cal.2d at pp. Dist. Most provisions of Chapter 433 appear intended to dispense with, rather than to satisfy, the constitutional civil service mandate. In my opinion, the majority's independent-judgment-of-the-facts approach shows a stunning lack of respect not only for controlling case law, but especially for legislative prerogative and the separation of powers. 2d 365, 371 [310 P.2d 7] (apportionment of workers' compensation award); Lockheed Aircraft Corp. v. Superior Court (1946) 28 Cal. "However, this question is not presented by Chapter 433. The contracts are intended to supplement the work of civil service staff (see 14130, subd. & Hy. We conclude that Chapter 433 contains no express or implied findings sufficient on their face to justify dissolving the trial court's injunction. The undisputed fact remains, as found by the Legislature, that at the time Chapter 433 was enacted staff was inadequate to perform the work. 239, 583 P.2d 1281].) & Hy. Because reasonable minds obviously could differ and did differ over the economies of contracting, it is only fair to conclude that reasonable minds may differ as to the reasonableness of Chapter 433 and its plan for ensuring timely and cost-effective project delivery. [5] Although courts must give legislative findings great weight and should uphold them unless unreasonable or arbitrary, " we also must enforce the provisions of our Constitution and 'may not lightly disregard or blink at a clear constitutional mandate.' This increase in project delivery capability "must continue in order for [Caltrans] to meet its commitments for timely project delivery," and, accordingly, a "stable contracting out program" using private consultants is needed to allow Caltrans to perform project delivery "adequately, competently, or satisfactorily." No express or implied finding and no evidentiary support exist to sustain such a provision. Chap. [15 Cal. Would it be bound by the Evidence Code as to what evidence it could consider? [Citations.]" 2d 625, 627 [59 P.2d 139, 106 A.L.R. v. San Diego Community College Dist. 13. The determination, contained in section 14130, subdivision (a)(5), that the use of private consultants to assist in project delivery is a new state function, is not a factual determination. Counsel's Dig., Sen. Bill No. The 'rule of deference to legislative interpretation' of the California Constitution, therefore, has no application in the present case. I am a bachelor's degree holder and I finished B.E-Civil from SHWEBO Government Technological College since 2015. 875, 583 P.2d 729]; Los Angeles Met. v. State Bd. California Federation of Interpreters, Local 39000 TNG-CWA v. Orange County Superior Court, et al. (1981) 28 Cal. ", Similarly, the Court of Appeal majority found "nothing in the record to support the superior court's assertion the Legislature failed to consider whether additional civil service staff could be obtained to perform the project delivery work adequately, competently or satisfactorily. 3d 348, 388-389 [261 Cal. Rptr. It allocated funds previously authorized for private contracting to avoid disruptions of work in progress, to avert delay in projects involving [15 Cal. Justice Blease wrote a lengthy dissent. 414-417; see Williams, supra, 7 Cal.App.3d at p. FN 4. I further conclude that Chapter 433 does not violate article VII of the California Constitution (article VII) and is constitutional on its face. (Fn. The documents and information submitted with the application must substantiate that the requirements have been met. Amazing tells the story of the Maze reconstruction from the perspectives of all the main players in the drama: the now legendary contractor C.C. 3d 531, 547-549 [174 Cal. II. ), Chapter 433 constitutes a reasonable legislative construction of article VII. The article further provides that "[i]n the civil service permanent appointment and promotion shall be made under a general system based on merit ascertained by competitive examination." The trial court clearly engaged in its own independent factual analysis to conclude that the findings expressed by the Legislature in support of Chapter 433 were unsubstantiated and wrong; hence, the legislation is unconstitutional. The only function of the courts is to determine whether the exercise of legislative power has exceeded constitutional limitations." 8 With regard to Chapter 433, implication of an "economic savings" requirement constitutes a fair and reasonable interpretation of the legislation, and is both permissible and appropriate. (See California State Employees' Assn. Sess.) App. 2d 561, 569 [154 P.2d 674].) 844-846.) Such a determination is endorsed by the majority opinion; however, I conclude that application or consideration of the trial court's findings is inappropriate under long-standing and well-regarded case law which the majority opinion fails to acknowledge and has not distinguished by applicable precedent. It was local, regional, state, and even federal politics; dollars and delays; finances and finger pointing; the U.S. Navy vs. Caltrans; northern vs. southern alignments; skyway vs. suspension bridge, with a bikeway; conceptual changes during construction; and monumental cost increases caused by such far-flung factors as the upcoming Olympics in China. (f), p. 2d 93, 95 [285 P.2d 41] [competitive proposals do not produce an advantage in hiring professionals such as architects].). I see no legitimate basis for such an approach, which intrudes upon the legislative process in outright disregard of the separation of powers. [Citation.] We further conclude the trial court properly found Chapter 433's legislative findings and declarations provided insufficient basis for modifying its 1990 injunction. Code, 143, subd. The restriction does not arise from the express language of article VII. 594.) 179. After reviewing the new provisions at length, the court made the following findings and determinations: (1) Contrary to new section 14130, subdivision (a)(5), project development service is not a new state function exempt from the constitution al restriction on private contracting, and using private contractors for pro ject development duplicates existing state agency functions. Jason Falbo, P.Eng., M.B.A, Ph.D Candidate Jason is the chief technology officer at Mircom. Accordingly, there is no valid basis for a claim that Chapter 433 conflicts with the injunction because it imposes this burden upon the state." Sess.) In addition to authorizing increased contracting flexibility until January 1, 1998, Chapter 433 contains an uncodified section which requires Caltrans and the Legislative Analyst to coordinate in the preparation of a [15 Cal. Nonetheless, such intent must be considered in assessing the constitutional validity of the enactment. as amended June 24, 1993), such estimates were open to question (Legis. Greg's diverse project experience includes: * Coastal and Port Structures, * Bridges and Culverts, * Buildings, * Mining Infrastructure Processing Structures and Equipment (EPC), and<br>* Subsea.<br><br>His key . Rptr. 2d 453, 461 [202 P.2d 38, 7 A.L.R.2d 990], wherein this court stated: " '[T]he rule is well settled that the legislative determination that the facts exist which make the law necessary, must not be set aside or disregarded by the courts, unless the legislative decision is clearly and palpably wrong and the error appears beyond reasonable doubt from facts or evidence which cannot be controverted, and of which the courts may properly take notice.' Click here for information and documentation examples. ), In Department of Transportation v. Chavez (1992) 7 Cal. PECG maintains offices in Sacramento, San Francisco, and Los Angeles (Glendale) to service members in 17 geographical Sections. 800, 647 P.2d 76] (vagueness challenge to special circumstance statute); In re Ricky H. (1970) 2 Cal. The majority cite Turner Broadcasting System, Inc. v. FCC (1994) 512 U.S. 622 [114 S. Ct. 2445, 129 L. Ed. See, e.g., In re M.S. Supervisors and Managers An Instrumental Part of PECG, PECG also sponsors and distributes educational documentaries that explore innovative solutions to the most serious problems facing our environment, economy, and livability. 579-580.) California Federation of Interpreters, Communication Workers of America, AFL-CIO v. Region 4 Court Interpreter Employment Relations Committee, et al. at p. 4th 1474, 1485 [35 Cal. The 2022 California Building Code will be implemented on the 2024 Civil Seismic Principles Exam. (CSEA, supra, 199 Cal.App.3d at pp. 3d 951, 957, this court determined that it must "subject to careful scrutiny any legislation restricting the ability of defendants to cross-examine witnesses whose testimony is offered as evidence of probable cause [at a preliminary hearing]." It is the economic savings exception which is applicable here to find Chapter 433 constitutional on its face. Thus in San Francisco v. Industrial Acc. )[2] in State Bargaining Unit 9.[3]. The court also found that Caltrans made no attempt to show these contracts satisfied the criteria for private contracting listed in section 14130. h240R0Pw/+Q0L)640)IcRYZlg` ~:f Plaintiffs also assert there was no objection to the trial court taking judicial notice. Rptr. Supporters of Chapter 433 included various local transportation agencies, the California Transportation Commission, and private engineering firms. In my view, Caltrans should not have to prove the economies of any particular contract in advance of the mandated study if the whole purpose of the study is to ascertain just such information. (Fns. SB692 (2011) was introduced by Senator Mimi Walters to reform the Engineers' Act. [Citations.] at p. 2458]), courts have determined that " '[t]he rational connection between the remedy provided and the evil to be curbed, which in other contexts might support legislation against attack , will not suffice.' Thus, section 14130, subdivision (d), purports to relieve Caltrans from its obligations (1) to use state employees to perform engineering and related services "to the maximum extent required to meet the goals of this article," and (2) "to staff at an internal level that matches its ability to assimilate and productively use new staff." Application and Examination Information page. (e) [plans and specifications for projects to comply with Caltrans's standards for state transportation projects].) Rptr. Would a court passing upon the constitutionality of legislation be permitted to take evidence supporting or opposing the law, as the trial court in effect did here? Under these circumstances, the legislative judgment may not be set aside. Title 16, California Code of Regulations section 424. (Gov. It was precisely these findings of fact which the trial court utilized to undermine the legislative findings and to conclude that Chapter 433 was unconstitutional: "In Chapter 433 of the Statutes of 1993, the Legislature has sought to provide defendants with justifications under article VII to implement their administrative and management policies for contracting. 225, 703 P.2d 1119].) (c), 14130.2, subd. 21, 529 P.2d 53] [adoption of constitutional language similar to that in former constitutional provision is presumed to incorporate authoritative judicial construction of former language]; cf. Finally, the majority's determination that Chapter 433 is unconstitutional on its face unreasonably and improperly encroaches upon the prerogative of the legislative branch of government, thereby interfering with the separation of powers. For items not listed here, please contact CalHR Labor Relations. Code, 14130.2). Myers as the contractor. "This is entirely consistent with the civil service mandate, a key purpose of which is to encourage efficiency and economy in state government. ), The Court of Appeal relied on case law presuming the validity of legislation and according "great weight" to legislative findings unless "unreasonable and arbitrary" or "clearly and palpably wrong." 1 (Lockard v. City of Los Angeles, supra, 33 Cal.2d at p. 461, quoting Matter of Application of Miller (1912) 162 Cal. Consistent [15 Cal. Strong operations professional graduated from California State University-Northridge. Thus, the court concluded that Chapter 433's legislative findings and directives are "obviously erroneous, unreasonable and inconsistent with the constitutional civil service mandate," and for that reason the provisions are unconstitutional to the extent they purport to authorize Caltrans to contract privately without a factual showing that the contract is permissible under applicable constitutional principles. 134.) If the error does not so appear, " 'the legislative determination that the facts exist which make the law necessary' " (ibid.) (Cal. Rptr. We will paraphrase or summarize the key provisions here. opn., ante, at p. 569, citing Spiritual Psychic Science Church v. City of Azusa, supra, 39 Cal.3d at p. (Superior Court of Sacramento County, No. Rptr. Professional Scientific. It looks like your browser does not have JavaScript enabled. (b); see Cal. By adopting Chapter 433, the Legislature has made clear [15 Cal. 3d 903, 910 [226 Cal. 461-462; see also Amador Valley Joint Union High Sch. . The court found that since the 1986-1987 fiscal year, Caltrans has unlawfully contracted privately for engineering projects that the civil service has traditionally done; that by hiring more civil service employees, Caltrans could have the work at issue performed in a timely manner, and that Caltrans failed to justify private contracting on a cost-effectiveness or other valid basis. Fax (916) 322-0765 . Like Justice Ardaiz, I believe the majority opinion will have far-reaching and pernicious effects, prompting individual judges to invalidate legislation whenever they decide that the legislative determinations, though concerning matters that are fairly debatable, are not supported by what they perceive as substantial evidence. 6. 2d 176].)" 9 However, when read with a view toward finding the statute constitutional (see Miller v. Municipal Court [15 Cal. 594.) Effective September 24, 1993, the Legislature adopted Chapter 433. 13,000. Any inability of civil service staff to deliver project workload on time is attributable to Caltrans's policy of inadequate staffing and reliance on private contracting. hLj0WDOUadLvQzkfHLz$5p&y6r8We%X^-+nE6V{NHH9#xU$7A"np#! App. 4th 560] earlier determination but has supplied the factual basis the superior court determined was lacking. 3d 1035, 1040 [209 Cal. The propriety of the use of extrinsic materials in determining legislative intent is a question which may properly be considered on appeal regardless of whether the issue was raised in the trial court." [Citation.]" (Tobe v. City of Santa Ana (1995) 9 Cal. Co. v. Yamamoto (1994) 29 Cal. 2d 814, 884 P.2d 645] [statutes must be upheld " ' "unless their unconstitutionality clearly, positively, and unmistakably appears" ' "]; County of Sonoma v. State Energy Resources Conservation etc. 2d 211] [rejecting equal protection challenge to rationality of legislative classifications in Cable Communications Policy Act of 1984]; cf. 2023 National Society of Professional Engineers | 1420 King St . 2d 497] [overturning summary judgment in favor of government in case challenging "must-carry" provisions of Cable Television Consumer Protection and Competition Act of 1992].) At oral argument, plaintiffs conceded that the appropriate standard of review for legislative findings was expressed in Lockard v. City of Los Angeles (1949) 33 Cal. opn., ante, at pp. The current. Rptr. CalHR 138: Leave Reduction Plan; (Nov. 6, 1934), argument in favor of Prop. Practices Com., supra, 11 Cal.4th at p. Const. The title authorities exist for two sub-branches of Civil Engineering:Structural EngineeringandGeotechnical Engineering. (pBOO$< O$<9x,IB%DQATDQAT8)xixJjX,VZ \0u+l0{m.o}ek\=o!mJnmg>MkS\M;{{w~;;wbKW+k` JB 3d 805, 814-815 [258 Cal. Examination Information. Although many of these provisions remain in effect, Chapter 433 has supplemented them. The trial court found no facts to support a finding that civil service staff would be unable "adequately and competently" to perform the work at issue. [Citations.]" 4th 585 [16 Cal. 2d 349, 353 [55 P.2d 206] [sufficient that statute makes limitation, required by Constitution, by necessary inference from its language].) As it neither fails to comply with that mandate nor disregards the constitutional restriction on contracting out, I would not expect it to contain findings which would seek to excuse noncompliance with or disregard of article VII. Remarks. The court concluded that Caltrans had violated the injunction by contracting with private entities for substantial amounts of project development work without providing adequate justification. Thus, the California Constitution Revision Commission considered and rejected an approach that would have given the Legislature open-ended authority to create exemptions from civil service in any area in which the Legislature felt that public policy would be served better by an alternative to the civil service system. 844-846.) That case involved the total withdrawal of a state function on an experimental basis, requiring no expenditure of state funds. 3d 492, 524 [286 Cal. 638, 370 P.2d 342], citing Miller v. Board of Public Works (1925) 195 Cal. At issue was whether a subsequently enacted statute furthered the purposes of the act. Sess.) 2d 453, 461-462 [202 P.2d 38, 7 A.L.R.2d 990].) It is questionable whether a statute constitutionally could expressly bar the application of these safeguards. [] It would raise serious constitutional questions if we construed a statute to bar the safeguards against patronage developed in the case law, including the safeguard that the state be prepared to prove in a judicial forum that contracting out is warranted by considerations of economy or efficiency. It was recognized, for example, that the alternative of placing the entire exemption power with the Legislature would [subject] the legislators to unduly severe pressures to carve out various exceptions to the application of civil service laws and that much strain on the integrity and efficacy of the civil service system could result." Rptr. (e), p. Review all applicable laws and regulations to confirm that you meet the qualifying experience requirements before you submit an application to the Board. 1993, ch. 135.) of Transp. fn. He has extensive experience and technical expertise in hydraulic and hydrological modeling, stormwater management, flood mapping and control, watershed modeling, design of hydraulic structures, and river engineering. 7, p. 12, italics added. Third, the court found that Caltrans's revised plan for contracting activity during 1993-1994 was contributing to the displacement of permanent, temporary, and part-time civil service staff. 3d 513, 519 [86 Cal. FN 13. Environmental Engineer, Water Engineer. In this regard, the trial court utilized the correct standard, stating: "The courts may set aside the legislative findings on which the constitutionality of a statute is based only if the legislative findings could not reasonably be true on their face or in light of judicially noticeable facts." No express or implied legislative findings justify vacating the injunction, [3b] As the Court of Appeal dissent observes, Chapter 433 contains no express or implied legislative findings that would justify vacating the trial court's injunction. 2d 644, 652 .) Again, in Delaney v. Lowery (1944) 25 Cal. 710.) The majority have, in my view, reversed the standard by which the Legislature's findings and determinations are reviewed. ", Under the rule of Lockard and Stevenson, the trial court's prior factual findings when made could not properly be the basis upon which to find erroneous the legislative conclusions set forth to support Chapter 433. as amended June 24, 1993; Assem. 4th 602] efficient, cost-effective government-which is the expressed purpose in the original ballot argument-and that the legislation does not impair the integrity of civil service. ]", Subdivision (d) of section 14130 arguably can be read as contradicting such an implicit provision of economic savings. 2d 817, 820 [161 P.2d 456, 171 A.L.R. (b), p. FN 1. 1209 (1993-1994 Reg. Professional Engineers in California Government (PECG) is a union representing engineers and related professionals employed by the state of California. (Maj. 574.) 3d 258, 282 [96 Cal. This position does not require Senate confirmation and the compensation is . For instance, Government Code section 14131, which is not altered by Chapter 433, provides: "The department may contract for the services of engineers, architects, surveyors, planners, environmental specialists, and materials testing specialists to provide professional and technical services relating to project study reports, project development, surveying, and construction inspection whenever the director determines that the guidelines adopted pursuant to Section 14134 are applicable. Rptr. at pp. 1986) Judicial Notice, 80, p. 74, italics added.) Title act means that only a person licensed by the Board in that branch of engineering may use the title in any manner. 4th 552] are inapplicable to professional and technical service contracts made under section 14130 et seq. Thus, the principal question before us is whether the trial court abused its discretion in failing to modify or dissolve its earlier injunction in light of Chapter 433's subsequently adopted legislative findings and determinations. The section then contains the legislative conclusion that "Without the ability to continue a stable contracting out program, the department will not be able to perform project delivery adequately, competently, or satisfactorily, thereby necessitating the use of private consultants to supplement its in-house staff.". (See, e.g., Amwest Surety Ins. Const., art. v. State Bd. 3d 951, 957 [232 Cal. This court continued: "That presumption has been phrased differently over the years, but its import remains clear. [Citations.] (d). Rptr. Moreover, although the experimentation in that case called for private entities to construct and operate the particular projects at issue, it nonetheless contemplated that Caltrans would maintain a supervisory role and " 'exercise any power possessed by it with respect to the development and construction of state transportation projects.' App. (Riley, supra, 9 Cal.2d at p. (a)(4), as contained in Ch. ), The dissent next analyzed the four principal substantive changes in Chapter 433 on which the majority relied as allowing Caltrans to contract various work privately without proof of cost savings or added efficiency. To me, however, the existence of this provision further shows the Legislature was aware of Riley and its progeny and was attempting to enact legislation that would pass constitutional muster. Applicants must provide verification of licensure and exam from the other state by using the verification system available through NCEES. Those provisions, respectively, permit judicial notice to be taken of "[f]acts and propositions that are of such common knowledge within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute" and "[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy."
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