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HomeMy WebLinkAboutReso 1989-15285 RESOLUTION NO. 15285 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR TRANSPORTATION OF SEWAGE FROM THE OTAY RIO BUSINESS PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE CITY OF SAN DIEGO, for transportation of sewage from the Otay Rio Business Park dated the 5th day of September , 1989, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by 0374a Resolution No. 15285 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of September, 1989 by the following vote: AYES: Councilmembers: Cox, McCandliss, Nader, Malcolm, Moore NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Co~, Mayor ATTEST: Beverl~'A. Authelet, City Clerk STATE OF CALIFORNIA ) ~OUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15285 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 5th day of September, 1989. Executed this 5th day of September, 1989. ~everly/~. Authelet, City Clerk SEWAGE TRANSPORTATION AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA CONCERNING THE OTAY RIO BUSINESS PARK This SEWAGE TRANSPORTATION AGREEMENT is made by and between the CITY OF SAN DIEGO, a municipal corporation, herein referred to as "San Diego," and the CITY OF CHULA VISTA, a municipal corporation, herein referred to as "Chula Vista." DEFINITIONs a. Metropolitan Sewerage System (Metro) capacity Metro Capacity shall mean the quality and quantity of sewage allowed to be discharged by Chula Vista into the Metropolitan Sewerage System per the Sewage Disposal Agreement of 1960, its supplements and amendments thereto,=and measured as either an average flow or a peak flow. b. Equivalent Dwelling Unit (EDU) One EDU is equal to two hundred and eighty (280) gallons of average daily flow. ~ c. Average Flow Average Flow shall mean the discharge of sewage expressed as a rate of flow in million gallons a day (MGD), and shall be computed by dividing the total'gallons discharge during the fiscal year by the number of days within said year. d. Peak Flow .! Pe~k Flow shall mean the maximum instantaneous discharge of sewage expressed as a rate of flow in cubic feet per second (CFS). e. Betterments Betterments ere improvements to the system which will not add additional capacity or increase service ~ife. f. Replacement Costs Replacement co~ts reflect the cost of 1) replacements, 2) betterments, or 3) increases to the service life of existing facilities without an increase ~. tta~ amount of capacity. RECITALS A' On FebrUary 8, 1961, the City of Chula Vista, under and pursuant to the authorization contained in Resolution No. 2559 of the Resolutions of the City Council of the City of Chula Vista, executed a ~"~ Sewage Disposal Agreement of 1960 with the City of San Diego and, pursuant to Resolution No. 2652-A, executed a Supplement to the Sewage Disposal Agreement of 1960; and B. The City of San Diego=I on June 1, 1961, under and pursuant to the authorization contained'in Resolution No. 164478 of the Resolutions of the City Council of the City of San Diego, executed said Sewage Disposal Agreement'of 1960 with the City ofChula Vista and, pursuant to Resolution No. 167436, executed a Supplement to the Sewage Disposal Agreement of 1960; C: .The original ~f"said sewage Dlspossl Agreement of 1960 end Supplement to the Sewage Disposal Agreement of 1960 sre on file in the office of the City Clerk as Document Nos. 825435 and 630491 reepectively~ and . ., D. The City of Ssn Dieg0and the City of Chula Vista have executed the following Amendments to the Sewage Disposal Agreement of 19602 San Diego Chula Vista Amendment Date Document Number Resolution Number FirSt August ~, 1962 657587 3022 Second December 1, 1962 677599 3197 Third June 4, 1979 RR-251701 9841 F~urth Januaryg, .1984 ~ ~ RR-259928 11488 Fifth .~ Octob'~r 1, .1984 ..~ RR-261646 11755 . .!,~ .~ ~.~'~9~. ~ ".?" a o h amen~ents thereto,-the City of San. Diego, the City of Chula Vista, the Montgomery Sanitation District, the Otay Water District, and the Otay International Center, a partnership, .beretn referred to. as "OIC," entered into the Otay Mesa Sewer Construction and Operation Agreement, herein referred.~o as "Sewer Construction and Operation Agreement," to construct, maintain and operate a sewage system, including the Otay Valley Trunk Line, herein referred to as "Trunk Line," to serve desig- nated portions of Otay Mesa per Resolution No. R-260277, adopted March 12, 1984 ax~d on file in the Office of the City Clerk as Document No. ~-260277; and F. The Sewer Construction and Operation Agreement grants San Diego the sole right ~nd responsibility to allocate the sewer capacity provided by the Otay Mesa Transmission System including the Trunk Line; and -2- G.!'San Diego'iaa~ OIC entered into the Facilities Reimbursement Agreement on March 12, 1984, per Resolution No. R-260279, on file in the Office of the City C3. erk as Document No. RR-260279 and superseded said agreement per the execution of the Otay Mesa Facilities Participation Agreement adopted September 30, 1985, per Resolution No. R-264173, on file in the Office of the San Diego City Clerk as Document No. RR-264173, to reimburse OIC for the costs of constructing the Trunk Line and authorizing SaN Diego to collect fees from those utilizing the sewer facilities; and H.' The OtayRi0 Business Park, more particularly described in Exhibit A (attached hereto,' incorporated herein by this reference, and hereinafter referred toss "PROPERTY"), is located within the City of Chula Vista; and ~ ,I.~ The Ot~y Mesa]Sews= Master Plan defines the PROPERTY as within the benefitted area to'be served by the Otay Mesa Transmission System; and ". J. As Chula Vista.desires to provide indus~rial opportunities in its southern area and as said development will require sewer service, Chula Vista has requested San Diego to provide sewer capacity within its Trunk Line to the PRO2ERTY; and K. San Diego has determined that unused capacity exists within the Trunk Line and is willing to provide sewer capacity to the properties described in Exhibit A; and L. As a resultof a Municipal Reorganization which included an annexation of the PROPERTY by Chula Vista from San Diego, San Diego is dependent upon facilities located within said PROPERTY to transport sewage from properties within San Diego to the Trunk Line and San Diego desires that these facilities serve tributary properties located in San Diego; and M. Chuls Vista is presently proy.iding sewage capacity to properties in San Diego through its Date-Faivre Trunk Line; NOW THEREFORE, IN CONSIDERATION of the mutual covenants and conditions herein contained, it is agreed by and between San Diego and Chula Vista as follows: 1. CONNECTIONS TO THE TRUNK LINE (a) San Diego shall permit sewage from PROPERTY to be discharged into the TTrnk Line. Chula Vista w~ll, a~ its sole expense, make the necessary connections to the Trunk Line at locations designated in Exhibit B, attached her~to and incorporated herein by this reference or at future con~ctions to be approved by San Diego's Director of Water Utilities, to provide sewer service to PROPERTY. The connections shall be subject to the standards and approval of San Diego. (a) Chula Vista shall install at its sole expense metering stations at locations mutually agreed to by San Diego and Chula Vista to monitor the amount of sewage discharged into the Trunk Line. Installation of metering stations shall meet the standards set forth by San Diego and shall be subject to approval by San Diego 3. OPERATION, MAINTENANCE, MANAGEMENT AND CONTROL OF TRUNK LINE CONNECTIONS (e) .Chuls Vista, at its sOle expense, shall operate, maintain, manage and control its sewer facilities connected to the Trunl Line in an efficient and economical ~nanner and maintain and preserve them in good repair and work~.ng order, all in accordance with recognized and STATIONS (a) San Diego. shall operate, maintain, manage and control the metering stations in an efficient and economical manner and preserve them in good repair and working order, all in sccordance with recognized and sound engineer~ng practices. For this service, Chuls Vista shall reimburse San Diego one hundred percent (~00~) of the costs incurred for said operation, maintenance, management and control. San Diego shall provide flow reports to Chula Vista on a reamleT basis but not less frequently than quarterly. Chula Vista shall have access tothe 5. CAPACITY ALLOCATrON IN THE TRUNK (a) The capacity allocated to Chula Vista in the Trunk Line shall be equal to one thousand, five hundred and twenty (1,520) equivalent :~ dwelling units (EDUs) with an average flow of four hundred and ? twenty-five thousand, three hundred gallons per day and a peak flow rate of 1.32 CES and any additional capaci.ty approved through Provision 15(b) !' of this agreement. The allocation shhli only be utilized after the charges are paid pursuant to Section 6 of this agreement. The capacity allocated to Chula Vista is to serve only the properties described on Exhibit A and will be charged against the Metropolitan Sewerage System capacity allocated to Chula Vista per the Sewage Disposal Agreement of '~: 1960, and its amendments thereto, by and between San Diego and Chula ,.~.~ , Vista. 6. GrAY ~.~ESA SEWER CAPACITY SURCHARGE ~J~ ~' (a) Chula Vista shall pay to San Diego the Otay Mesa Sewer Capacity ~ Surcharge as required by toe otay Mesa Facilities Participation = i~ Agreement. The Surcharge aT,all be paid prior to the time of commitment i..' of capacity. Commitment, for the purposes of this a~reement, shall ...... occur at the time sewer connections are approved by San Diego and the commitment shall only extend to said approved connections. The surcharges paid shall be bssed upon the unit costs applicable to other ~':' similar projects at the time of payment. (b) Prior to connection to the Trunk Line by any property owner who will use his/her property for residential, industrial, commerical or other purposes, Chule Vista shall estimate the number of gallons of sewage per day to be discharged from such property and based on such estimation shall determine the number of EDUs of capacity required. San Diego shall have the right to meter the combined sewage flows from such properties following the connection of such properties to the Trunk Line and following such metering may adjust the number of EDUs based upon the actual number of gallons per day discharged from such properties. ~ (c) Chule Vista shall cause the owners of property located in Chula ;~ Vista which desires to use the Trunk Line to pay directly to San Diego ~ the charges described in Section 6 of this agreement as a condition of permitting connection to said sewer line. In the event San Diego makes an adjustment to the number of EDUs calculated for a property used for · 4 industrial or commercial purposes based on actual sewage discharged pursuant to Section 6 of this agreement, Chula Vista shall pay to San Diego any difference between the capacity charges paid prior to the time of connection to said sewer line based on Chula Vista's estimated EDUs and the new amount required to be paid based upon San Diego's ' calculations of the actual sewage discharge from such property. 7. TRANSPORTATION CHARGES (a) Chula Vista shall pay etransportation charges for the use of the trunk line. The transportation charges shall be based upon San Diego's determination of the operation and maintenance costs of its trunk lines. The current transportation unit cost is $0.66 per million gallons per mile. This rats may be adjusted annually to reflect a~y change in the maintenance costs. Chula Vista's transportation costs shall be based upon its sewage flow i'h million gallons multiplied by the rate per million gallons multiplied by the number of transportation miles as determined from as-built drawings. ~ (b) San Diego shall bill Chula Vista quarterly for transportation / charges. The billings shall be furnished to'Chula Vista within thirty · days after the end of the calendar quarter to which the billings relate. ~ Payment shall be made by Chula Vista within thirty day~l after receipt of the b~X]ng from San Diego. (C) NO pad'meat on account of transportation charges shall be withheld by Chula Visit. because of any dispu.te as to the amount thereof. Such payment sb~l~ be made with a notation as to the portion thereof ~n dispute. ADy amount determined by competent authority or by srbitret~on ~o ~%ave been improperly allocated to Chula Vista shall be r~Eunded by San Diego. -5- 8. CONTRACT TERMINATION (a) If, in the future, Chula Vista is able to provide sewer service through the Chula Vista sewerage system to the PROPERTY, Chula Vista reserves the right to disconnect from the Trunk Line and have no further responsibilities or obligations under this agreement. Chula Vista shall provide San Diego thirty (30) days prior written notice of intent to disconnect from Trunk Line. 9..RIGHT OF CHULA,VISTA TO SELL CAPACITY (a) Chula Vista may apply to San Diego for the right to sell its capacity in the Trunk Line, at the then current estimated units costs per EDU, to a user that could be properly served by the Trunk Line. The approval Or denial of such application shall be at the sole discretion of San Dtegd./ 10. REPLACEMENT COSTS (a) Chula Vista Shall pay its proportionat& 'share of the replace- ment costs and costs for major repairs of the Trunk Line based upon the capacity utilized by Chula Vista at the time said costs are incurred. For purposes of this a¶reement, major repair shall mean repairs to more than a manhole to manhole section of the Trunk Line. 11. CONNECTIONS TO AND CAPACITY ALLOCATIONS IN THE OTAY RIO BUSINESS PARK SEWER FACILITIES (a) Chula Vtsta!shall~'e~utre developers of PROPERTY, prior to the recordatlon of any final shbdivision map for PROPERTY, to ensure that sewer facilities within any unit of said PROPERTY shall be designed and constructed with horizontal and vertical alignment and sufficient capacity to receive sewage by gravity flow from properties within the City of San Diego which are within the natural drainage basin tributary to said sewage facili. ties. San Diego's point(s) of connection(s) to the PROPERTY'S sewage facilities at the J,urisdictional boundaries shall be determined by mutual consent of Chula'Vista and San Diego based on sound engineering Judgment. - (b) The amount of Capacity provided for properties within San Diego shall be based on currently approved community plans for the area and sewage generation factors used by San Diego and shall be subject to San Diego's approval. Such capacity rights to San Diego shall be provided administratively through this Agreement. (c) The nted for metering device(s) at San Diego's discharge point(s) to ~'ROPERTY'S sewer facilities shall be determined at the sole discretion of Chula Vis=a. Developers of PROPERTY shall be required by Chula Vista to dedicate the necessary right of way free of charge and to design their sewer faci~Ities so that they may be extended through the dedicated right of way to the designated point(s) of discharge by San D~ego. Such design shall be subject to review and approval by San Diego and Chula Vista. (d) Terms and conditions for payment of charges to recove[ replacement, operation and maintenance costs for san Diego~s use of PROPERTY'S sewer facilities and any metering device(s) required by Chula Vista, except as otherwise provided in Section 11 of this agreement, shall be according to the terms and conditions agreed to in this agreement for Chula Vista's use of San Diego's Trunk Line in reciprocity. (e) San Diego shall cause the owners of property located in San Diego which desire to use the PROPERTY'S sewer facilities to pay directly to Chula Vista reimbursement charges which reflect the costs associated with the construction of excess capacity in the PROPERTY'S sewer facilities to serve properties within San Diego. The method for calculating the capacity charge shall be based upon generally accepted accounting principles. Payment shall be made prior to permitting the connection. 12. SAN DIEGO'S USE OF CHULA VISTA'S DATE-FAIVRE TRUNK SEWER Pursuant to the Sewer ConStruction and Operation Agreement, San Diego is utilizing Chula Vista's Date-Fa]vre Trunk Sewer for transportation of sewage from properties within San Diego to the Metropolitan Sewerage System. San Diego's Gray Valley Trunk Line is now operational and San Diego intends to disconnect from Chula Vista's Date-Faivre Trunk Sewer and connect to San Diego's Trunk Line. Chula Vista and San Diego ~ereby agree that transportation charges due from San Diego to Chula Vista for San Diego's use of the Date-Faivre Trunk Sewer shall be based upon the same transpo~'tati~n rates as called for in Section 7 of this agreement. =3. APPt, ICABLE RULES, REGULATIONS, LAWS (a) Chula Vista agrees that sewer service provided to PROPERTY shall comply with all appropriate ordinances, policies and practices of San Diego, and the applicable rules, statutes and regulations of the United States, State of California and County of San Diego having Jurisdiction over the collection, transmJss~.on, treatment and disposal of sewage and waste. 14. TERM OF AGREEMENT (a) The termOf this agreement shall run concurrently with the term of agreement for the Sewage Dispose1 Agreement of 1960, and its current and future amendments thereto, by and between San Diego and Chula Vista. During the term of this agreement, San Diego shall receive sewage from PROPERTY which is consistent with the capacity allocations referenced in Section 5 of this agreement and will convey, treat, and dispose of such sewage through the Metropolitan Sewerage System. Said capacity service shall be uubjezt to being increased or decreased as hereinafter provided. Said sewage shall be discharged into said Trunk Line at a point or points sho~n on Exhibit B unless st|ch point or points is or are changed by mutual consann evidenced in writing. ~7- 15~.'ACQUISITION OF ADDITIONAL CAPACITY FROM SAN DIEGO (a) Chula Vista's capacity as set forth in Section 5 of this agreement may be increased by the acquisition of additional capacity service. Chula Vista shall apply to San Diego for such additional capacity service, stating the amount of additional capacity it desires. San Diego shall then, in its sole discretion, determine if additional capacity can be made available. In making such determination, San Diego shall consider the designed capacity, the capacity necessary for its use and the capacity service of all other involved parties. If the above stated determinations show that the application shall be denied, San Diego shall so notify Chula Vista. (b) ,~If the above stated determinations show that the application should be granted, San Diego shall notify Chula Vista that its application is granted and the date on which its capacity service will be increased to the amount applied for. The charge for such additional Diego may approve re~ests by Chula Vista for additional capacity by mutual consent evidenced in writing provided that the aggregate amount of sewer transportation capacity acquired by Chula Vista pursuant to this agreement shall not exceed an average daily flow of 0.519 MGD and a peak flow rate of 1.715 CFS. Should Chula Vista desire to acquire capacity in excess 6f the aggregate total stated above and should San Diego be willing and able to provide Chu].a Vista with such additional capacity, then approval of San Diego's City Council must be secured and this agreement amended accordingly, 16. ARBIT~TION out of the ~nterpretation o~ application of this agreement o~ the refusal of either party to perform the whole or any part thereof shall be settled by arbitration in accordance with the provisions of this section and where not provided by this section in accordance with the statutory provisions of the State of California then in force. The controversy shall be submitted to a board of three (3) arbitrators which .hall be appointed, one by the City, one by Chula Vista, and the third party by a written notice stating the following~ (1) that it desires arbitration, (2) the controversy to be arbitrated, (3) that it hau appointed its nominee, and (4) that ~t requests the other party to appoint its nominee~~ Within thirty (30) days from the receipt of said days after the last party has appointed its nominee the two nominees shall appoint the third. None of the arbitrators shall be a resident of or taxpayer in, or own property in, or have a place of business in, or be employed In or by, o[ have any contract with, or be an officer or employee of, ei~h~r party. The arbitration board shall hold at least one hearing and at l~ast .ten (~0) days before said hearing shall give each party written notice thereof. The arbitration shall be restricted ~ .~ -8- Irlrl i , i leaame,,~ e The arbttrati0nb6ard']ZShall have no authority to add to or sub[ract from thisagreement,:.~ Each party shall be given an opportunity to be heard and to presentevidence..~..Uponconclueion of the hearing or hearings, the arbitration board shall reduce their findings of fact, conclusions of law and the award to.writing, and shell sign the same and deliver one signed copy thereof to!each public agency. Such award shall be final and binding upon both parties." A majority finding shall govern if the arbitrators' determination is not unanimous. Each party shall pay its own expenses, including the expenses of the arbitrator which it nominates. The expense of the third arbitretor and the administrative costs ofthe arbitration proceedings shall be shared equally. (b) Any controversywhich'can be determined by an engineer's findings and which under this section could be submitted to arbitration may,.if the parties thereto agree in writing to do so, be submitted to a named engineer Who shall be the sole arbitrator. Such engineer shall be a member of the American Societyof Civil Engineers and shall be disinterested as hereinbefore in this section required of arbitrators on an arbitration..board.-.He shall proceed in the same manner and shall make findings, conclusions and an award in the manner provided herein for an arbitration board. 17. SEVER~BILITY.. (a) If any sectioR,. subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to either party, or to any other person or circumstanc,~ is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the agreement or the application of such provision to the other party, or to any other persons or circumstance shall not be affected thereby. Each party hereby declares that it would have entered into this agreement and each section, subsection, sentence, clause, phrase, and word thereof irrespective of the fact that one or more section, subsection, sentence, olause, phrase or word,.'or the application thereof to either party or any other person or circumstance be held invalid. ... x,,.=, ~8. MANNER OF GIVING NOTICE (a) Notices required or permitte~ hereunder shall ~e sufficiently given if in writing and if eithe= served personally upon or mailed by registered or certified meil to~ City of San Diego Water Utilities Directo~ City Administration Building 202 C Street San Diego, CA 92101 City of Chula Vista . Public Works Dlre~uor i. "I{ '276 Fourth Avenuu ].~.:!'r,~. Chula Vista, CA 92010 ,.~,~-,~: ,.,,,~ ~ ~ ~9- '., ·:~.' i q. .., ;or s~ch other pars lnd midtess as either pa shall advise the other. ".. in vriting. - .' c ;" .. · 19. EI~rIRE A~ (m) This mf~mmen~ contains ~e entire agremmen~ berlin ,~ .,,~ · ~.~.,. ~.' 20. E~I~ D~ ' "~'~"' '~':": (a) ~is agra~t =hill hc~e e~ectivt u~n exs~ion p~r~i~s. 21. ~1~ ~W · (a) ~ls agre~msn~ la enter~ ln~o~ a~ shaZ~ be cons~ed and- tn~r&~td, in scco~ce' vl~, ~e lava o~ ~o Sta~e o~ CaliEornia.:- ZN HI~SS ~~. ~t City oE ~la ~ls~l 'has 'caused ~is i . . X ~ ~PRO~ ~e fo legality of ~he foregoing Agreemen~ ~is ~ day of .... , 1989. ~ ~i~ OF S~ DIE~ J0~ W. WI~, Cit Attorney By T ~ief Deity Cit~ Attorney . EXHIBIT "A" LEGAL DESCRIPTION ~-' PARCELS I T~0UGH INCLUSIVE 0F PARCEL MAP N0.13q51. IN THE C0b~"~iY OF . SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF PILED AUGUST 30, .I 198~ AS FILE NO. 84-332705 OF OFFICIAL RECORDS..TOGETHER HALF 0F THE SOU'PHWEST QUARTER AND THE SOUTHEAST QUARTER WIT}{ THE h'EST OF THE SOUTh'WEST · .. QUARTER OF SECTION 20, TOWNSHIP 18 SOUTH, RANGE I WEST, SAN BERKARDINO ', BASE AND NERIDIAN, ACCORDING TO UNITED STATF. S GOVERNblF. NT SURVEy APPROVED ..~ SEPTLv~ER 11, 1879. -' ' BE IT I~SOLVED, by the Council OE ~he Ci~.I o~ 8an Dte~o, ~at the City X~nager ~ ~d ~e tl hareby euthoriz~ and ~~ to execu~t~ for end on h~l.~ oZ said ~ity~,'. a us eas Park, u e= ~he-~ ~d,conditi'~ni set ~o=~ in the ~PP~: JO~Wa WI~, City At~ey : ' ~ ~hl~rDepue~ os/osleg o=. Dept sW. Util R-90-429 . Passed and adopted by the Council e~ The CLt::F o~ San Diego on CHARLES G.' ABDELNOUR ~ty CZe~k o~"' T~' City 0f. ~n' Di'ego, Cal'ffornia (SE~L) · By z NAYDELL L. PONTECORVO , , Deputy I HEREBY CERTIFY that the above and foregoing is a full, true 374368 and correct copy of RESOLUTION BO. R- ~, passed and adopted by the Council of The City of San Diego, California on SEP 11 ~989 . CHARLES G. ABDELNOUR" Ct~~kerk of The '~3~t.y Of San Diego, CalifOrnia "i:' '.. !'~i,~ ',-" , Deputy .. ~-/~3