HomeMy WebLinkAboutAgenda Packet 1999/02/02
Tuesday, Fehruary 2, 1999
4:00 p.m.
.. lara under penalty of peri,urv, that~.~m
I dec . r....~ o,j: ('I"':'? .j,sc:a in t..~
d by tho..,ny ",. . .
e,mploye .' r-~.'" "' ertt and ~;':':lt I pOSiC:..J.
Office of the d:.'. CI BuliaLn Board at
this Agenda/No".e OBn '~~~,' and at City Hall on
the Public er Ices u. v 0 C! ~ ..
DATED. ~ .91 SIGNED V'
Counei I Chamhers
Puhlic Services Building
Re~ular Meetin~ nl' the City nl' Chula Vista City Cnundl
CALL TO ORDER
I. ROLL CALL: ('ouncilmemh~rs Davis_ Moot_ Padilla_, Salas_, and Mayor Hortoll_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: January 5. 1999
4. SPECIAL ORDERS OF THE DAY:
A. Silvia McKinney, Driv.: Coordlllalor tin Suit-You Sail Dief'o. \vill invite nk'.mhers of the puhlic
to participate in a clothinf' drive to hene,fit Wdhtre-to-Work participants.
CONSENT CALENDAR
(!rems 5 through 8)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmemher, a member of the public, or City staff
requests that the item be pulled for discussh)1l. ff YOIl wish to speak on one of these items, please fill out a
"Reqllesllo Speok Font!" ol"Oilohle in Ihe lobby 01/(1 sllbmil illo Ihe Cily Clerk prior 10 Ihe meeling. Items pulled
from the Consent Calendar will he discussed after Board all(l Commission Recommendations and Action Items.
Ilems pulled by Ihe public will be Ihe firsl ilems of bllsilless.
5. WRITTEN COMMUNICATIONS:
A. Letter from the City Attornc)' stating: that to the hest of his knowledl.:e from ohservaru'e of
actions taken in Closed S~sion un January 26. 1999. that there were no artions taken which
are required under the Brown Art to he reported, II is recommended that the Idter he
receiveu anu fi led.
B. Letter of rcsil.:natinn from the MlIhilchome Rt~nt RCl'iew Commission - Christint' Smith. It
is recommended that the reslf'natioll h,-~ accL'rteJ with ref'rd and tile' City Clerk he directed to post
immt;',diatdy accorJinf' to tht~ Maddy Act in the Clt;'rk's Onicl~ and till' Puhlic Lihrary.
C. Letter of resi}!nation from 1I1l' Vt'tcrans Advisor." Commission - Roht~l.t Mt.-Caulcy, It is
recommt~nded that the resif'llation he acc.:pkJ with ref'rd and tlk elt) Clerk hI.: directed to post
immediately accorJing to the Maddy Act in the, ('krk's Otlil'l' and thl' Puhlic Lihrary.
6. ORDINANCE 2772 AMENDING CHAPTER 1.34 Of HIE MUNICIPAL CODE RELATING TO
CLAIMS REQUIREMENTS AND PROCEDURES (second readin~ and adoolionl . The Calil()mia
Government Code (G.C.) Section 935.4, provides that Council may authorize an employee of the City to
perform sllch claims administration functions as are presl'rihl'd hy resolution. In accordance with G.C.
935, the Municipal Code prescrihes the pc'Thml1ani.:e of claims administration functions, and sets limits as
they pertain to tort and contract claims ()tht~J'\l/ise, excepted under (J.e. 90S. The reL'olllmended actions will
ddegate the daims administration functions and authorization for settlement of all daims up to the current
maximum allowahle hy tht' G.t'.. and update' all dOnll11t',nts r(llil~ies and rrol't~durt',,,, rdated therdo. Staff
recommends lOllllL'i1 place the ordinance on second rl'adlll1,' and adoption. (City Manager anJ City
Attorney)
Agenda
-1-
Fehruary 7 1999
7. ORDINANCE 2769 AMENDING CHAPTER 2.52.040 OF THE MUNICIPAL CODE TO MODIFY
THE DEFINITION OF "CONTRIBUTIONS" TO ALLOW FOR COLLECTION OF ADDITIONAL
FUNDS TO RETIRE A DEBT INCURRED IN A DECLARATORY RELIEF ACTION OR ANY
ACTION TO ENFORCE PERCEIVED RIGHTS UNDER THE ELECTIONS CODE OR THE
MUNICIPAL CODE (second readin1! and adootionl - During the most recent Council election a
candidate incurred suhstantiallegal fees in an effort to enfon:e rights under the Eledion Code. The current
City ordinance exempts from the udinition of "contrihutiol1s" other uonations maue to a candidate or
councilmemhers to assist in paying legal fees. The proposeu amendment to the ordinance would make the
legal defense fund exception more equitahle,. Staff recommends Council place, the ordinance on second
reading and adoption. (City Allorney)
8. RESOLUTION 19340 APPROVING AN INTERIM DESILTATlON AND GRADING
AGREEMENT (POGGI CANYON) WITH OTAY PROJECT, LLC AND AUTHORIZING THE
MA YOR TO EXECUTE SAID AGREEMENT. On Novemher 19. 1996. hy Resolution Numher 18398,
the City approved the Tentative Map t<,r Tract Numher 96-04 t()f Village One and a portion of Village Five
of the Otay Ranch Prqiect SPA One. Tentative Map conditions require that, prior to issuance of a grading
permit tor any lanu within the Poggi Canyon Basin, the developer shall comply with certain conditions
concerning the proposeJ graJing ami rellloval of any siltation within the Poggi Canyon Basin. The Otety
Ranch Company is currently processing grading plans for land located within the Poggi Canyon hasin and
issuance of the grading permit is antil'ipate-d shortly. Staff ft'l'ol1llllends this item he l'ontinued to the
meetin1! lit' Fehrllarv 16. 1999. (Diredor of PuhliL' Works) Continlll'd from Ihe mectin~ of January
26, 1999.
* * * I~N/) OF CONSENT CM,EN/HI? * * *
ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council Oil allY su/~ject mailer withill the
Council's jurislliction that is not an itelll 011 this agenda for public discussion. (State law, howel'er, generally
prohibits the City Councilfmllltaking actioll on any issues not included on the posted ageJUla.) If you wish to
address the Council 011 such a subject, please complete the "Request to Speak Under Oral Communications
Forni" available in the lobby and submit it to the City Clerk prior to the meeting. 17lOse who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items hm'e been adl'ertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonn" amilable in the lobby and mbmit it to the City
Clerk prior to the meeting.
9. PUBLIC HEARING TO CONS mER THE ISSUANCE OF MUL TI-FAMIL Y HOUSING
REVENUE BONDS FOR THE ACQUISITION AND REIIABILlTATION OF I'EARTREE
APARTMENTS BY TIlE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY - On Decemher 18. 1998. the City received a proposal from Mr. Stephen Hamill of the
California Statewide Communities Development Authority (CSCDA). CSCDA is a Joint Powers Authority
estahlished in 1987 hy the League of Calitilrnia Cities and the California State Association of Counties to
assist local government agencies to achieve economic, financial and social goals. CSCDA serves as a
statewide puhlic issuer of tax exempt tinancing and has issued o"e,r $6 hillion 111 financing to date. CSCDA
has requested the. City to hold this puhlil: hearing for the acquisition and rdlahilitation of a 119 unit
complex known as the Peartree Apartments located at 1025 Broauway. Staff rel'omlllends approval of the
resolution. (DirL'dor of Community Development)
RESOLUTION 19:15:1 APPROVING TIlE ISSUANCE OF ~IlILTI-FMlILY HOUSING REVENUE
BONDS FOR TilE ACQUISITION AND REHABILITATION OF PEARTREE APARTMENTS BY
THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
Agenda
-3-
Fehruary 2. 1999
10. PUBLIC HEARING PCA 98-05; CONSIDERATION OF AMENDMENT TO CHAPTER 19.60 TO
ADD PROVISIONS FOR A CITY-WIDE KIOSK SIGN PROGRAM - The proposed ordinance is to
allow for the estahlishment of a Kiosk Sign Program whose purpose is tll: (I) Eliminate the proliferation
of numerous large illegal signs along major thoroughfares of the City; (2) Allow for the construdion of
off-site directional kiosks each containing a specific numher of pands in order to provide adequate off-site
diredional signage to various residential communities; (3) Provide for a uniform design for off-premise
directional signs which will he more aesthetically pleasing to the community; and (4) Control the location
of off-premise signage. Staff recommends the Duhlic hearin1! he continued to the meetin1! of Fehruarv
9. 1999. (Director of Planning and Buikling) Continued from the meetin~ of January 26. 1999.
BOARD AND COMMISSION RECOMMENDATIONS
11,;s is the time the City CounciL wiLL consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Commillees.
None suhmitted.
ACTION ITEMS
The items ListelL in this section of the agenda are expected to elicit substnntiaL discussions and deliberations by
the Council, staff, or members of the general public. n,e items lI'il/ be considered indil'idual(v by the Council
and staff recommendations may in cerlain cases be presenled in the allernath'e. nlOse who wish to speak, please
fill out a "Request to Speak" fonll aI'ai/able ill the lobby amI sublllit it to the City Clerk prior 10 the lIIeelillg.
None suhmitted.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discl/ss ilems which hare been remm'ed from the Consent Calendar.
Agenda items pulled at the request of the "uhlic will be considered prior 10 those pulled by Councilmembers.
OTHER BUSINESS
II. CITY MANAGER'S REPORT(S)
A. Scheduling of meetings.
12. MAYOR'S REPORT(S)
A. RESOLUTION 19354 SUPPORTING SB 31 (PEACE) ANI) AB4 (BALDWIN), MURDER:
SPECIAL CIRCUMSTANCES - Senate Bill 31 (Pea"e) anJ Assel11hly Bill 4 (Baldwin) are
recently-introduceLi pieces of legislation which woulLi mandate either lite in prison without
possihility of parole or tht~ death sentence for those convicted of mllrdt~ring an individual under
the age of 14. The authors have requested the support of Coullcil tor tlwsl;.', proposals. The
Legislativt: Committee recommends approval of the rt:solution,
D. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thenl't' to) the regular City Councilmeding on Fehruary 9. 1999
at 6:00 p.m. in the City Council Chamhers,
A meeting of the Redevelopment Agency will he hl'ld Illllllediatt.'ly tollmving tht' City ('ouncilmedlllg.
'" declare und I .
er pena ty of perjury that I am
employed by the City of Chula Vista in the
O~flce of the City Cler!( anj tliat I posted
this Agenda/Notice on the Bullet;n 8
Tuesday, Fehruary 2. 1999 the Public rvi es Bui/din~ 6' ~ d at Council Chamhers
4:00 p.m. DATED~ a2.?, SIGNED .,;; /~on~lIhlic Services Building
(immediately following the City COllncil M .etin -- .
CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are pennitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by law to return to open session, issue any reports oflinal action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated
at this point in order to save costs so that the Council's return from closed session, reports of final aclion taken,
and atljournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
I. CONFERENCE WITH LEGAL COllNSEL REGAR[)(NG:
· Existing litiJ.:ation pursuant to Guvernment Code Section 54956.9(a)
I. Rutherford v. City of Chula Vista.
'2. Fribch v. City of Chu]a Vista.
2. REPORT or ACTIONS TAKEN IN CLOSED SESSION
January 28, 1999
FROM:
The Honorable Mayor and City Council ~
David D. Rowlands, Jr., City Manager l)~ ~ ~
City Council Meeting of February 2, 1999
TO:
SUBJECT:
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, February 2, 1999. Comments regarding the Written
Communications are as follows:
5a. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on 1/26/99, there were no
actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECENED AND FILED.
5b/c IT IS RECOMMENDED THAT CHRISTINE SMITH'S RESIGNATION FROM
THE MOBILEHOME RENT REVIEW COMMISSION AND ROBERT
MCAULEY'S RESIGNATION FROM THE VETERANS ADVISIORY
COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE
DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT
IN THE CITY CLERK'S OFFICE AND THE PUBLIC LIBRARY.
DDR:mab
~~I.?-
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~~~~
- - --
CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
January 27, 1999
To:
From:
The Honorable Mayor and city council
John M. Kaheny, City Attorney ~~
Report Regarding Actions Taken in Closed Session
for the Meeting of 1/26/99
Re:
The City Council of the City of Chula Vista met in Closed Session
on 1/26/99 to discuss:
Conference with Legal Counsel regarding Existing Litigation
Pursuant to Government Code Section 54956.9(a): Rutherford v. City
of Chula Vista.
The Redevelopment Agency of the City of Chula Vista met in Closed
session on 1/26/99 to discuss:
Conference with Real Property Negotiator - Pursuant to Government
Code Section 54956.8:
Property:
Assessor Parcel Nos. 565-310-09; 565-310-
25 (approximately 6.35 acres located at
the northwest corner of 1-5 and E Street)
Redevelopment Agency (Chris Salomone) and
City of San Diego
Purchase and terms for disposition
Negotiating Parties:
Under Negotiation:
Property:
Approximately 4 acres at the southeast
corner of 1-5 and SR-54
City and Redevelopment Agency of Chula
vista (Chris Salomone) and CalTrans
Purchase and terms for disposition/
acquisition
Negotiating Parties:
Under Negotiation:
Property:
Assessor Parcel No. 562-310-45
(approximately 14.56 acres at the
southeast corner of National city Blvd.
and C Street)
City and Redevelopment Agency of Chula
Vista (Chris Salomone) and Wayne Ansley
Purchase and terms for disposition/
acquisition
Negotiating Parties:
Under Negotiation:
S/9 -- /
276 FOURTH AVENUE, CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619)!n .. II
409-6823
#PosI~fW:ydedP~
The Honorable Mayor
January 27, 1999
Page Two
and City Council
Property:
Assessor Parcel No. 562-321-06
(approximately 10 acres located at the
northeast corner of SR-54 and National
City Blvd.)
City and Redevelopment Agency of Chula
Vista (Chris Salomone) and Derr Family
Trust
Purchase and terms for disposition!
acquisition.
Negotiating Parties:
Under Negotiation:
Conference with Legal Counsel regarding Anticipated Litigation -
Pursuant to Government Code Section 54956.9(b): Contemplated use of
eminent domain by the City of San Diego (Metropolitan Waste Water
Department or its affiliates) to acquire Agency owned property.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
H:\home\lorraine\lt\clossess.no
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CITY OF CHULA VISTA
Christine Aranda Smith
430 Starwood Circle
Chula Vista, California 91910
476-8048
RECEIVED
'99 JAM 22 AlO :07
CITY OF CHULA VISE
CITY CLERK'S OFFICt
1/17/99
Beverly A. Authelet, City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Dear Ms. Authelet:
This is to inform you that I must resign from the Mobilehome Rent Review Commission
effective immediately because of my appointment as Deputy Secretary for Elementary
and Secondary Education in Sacramento, California. Although I intend to commute to
my home in Chula Vista, I will only be here on weekends and will therefore not be able
to meet the responsibilities of membership on the commission.
I want to thank the city staff for the support they have unfailingly rendered to the
commission. I have learned a great deal from membership on the commission and
want to thank my fellow commissioners for their support and dedication and wish them
well in the important work they do for the citizens of Chula Vista.
Sincerely,
o .~
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From: BOBMCCAULE@aol.com
Date: Tue, 12 Jan 1999 13:53:58 EST
To: sancat@ix.netcom.com
Subject: Vets Commission
~ol \ \ \t\'I~
I guess you know by now that I have moved out of the Peoples Republic
of
California in favor of a State that tolerates us smokers and doesn't
know what
State taxes are. I saw both Carmen Fedje and Bill over the Holiday's
while
visiting our kids in CV and told them about my relocation.
Anyway, could you use this E-mail as my official request of
resignation and
pass it on to Her Honor, Shirley Horton with regrets.
We have seen a lot of results from the Commission's efforts and hope
it
continues to produce, especially the Foundation.
We are off to Colorado now to see our daughter, but I still get E-mail
even
when their.
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ORDINANCE NO. :2. ') 7 ~
0\O~
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.~~~
CITY OF C~~~VISTA
OF THE ~~~ VISTA
TO C~~"REQUIREMENTS
AN ORDINANCE OF THE
AMENDING CHAPTER 1.34
MUNICIPAL CODE RELATING
AND PROCEDURES
The City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: That Chapter 1.34 of the Chula Vista Municipal
Code is hereby amended to read as follows:
Chapter 1. 34
CLAIMS REQUIREMENT~ AND PROCEDURES
Sections:
1.34.010
1.34.020
1.34.030
1.34.040
1.34.050
1.34.060
Purpose and Intent of Claim Regulations.
claim~ Requirement.
Claims Procedure~.
Time for Presentation of claims.
Delegation.
Late claims.
1.34.010 Purpose and intent of claims regulations.
The purpose of this ordinance is to require the filing of
claims for matters which are specifically excluded under Government
Code ~905 and which are not governed by any other statutes or
regulations expressly related thereto. Additionally, this
ordinance sets forth claims presentation, consideration and payment
provisions applicable to and to be incorporated by reference in,
all written agreements entered into by the city. (See Government
Code ~ 935 and ~ 938) .
1.34.020 claim~ Requirement.
No suit shall be brought against the city unless a claim has
been presented in writing and filed with the city of Chula Vista
and acted upon by the city.
1.34.030 Claims Procedure~.
Each claim filed pursuant to this chapter, shall follow the
requirements prescribed by Title 1, Division 3.6 of the California
1
,
2<; - 1_
~ I ~_/
Government Code (commencing with Section 900, excluding Section
90S) .
1.34.040 Time for Presentation of Claims.
A. A claim relating to a cause of action for death or for injury
to person or to personal property or growing crops shall be
presented, in the manner provided in Article 2 (commencing
with Section 915) of the California Government Code, not later
than six months after the accrual of the cause of action.
B. Claims by the state or a state department or agency or by
another local public entity for equitable indemnity or partial
equitable indemnity shall be presented, in the manner provided
in Article 2 (commencing with Section 915) of the California
Government Code, not later than six months from the date the
claimant is served with the complaint giving rise to the
claimant's claim for equitable indemnity or partial equitable
indemnity.
C. A claim by a public employee for fees, salaries, wages,
mileage or other expenses and allowances shall be presented,
pursuant to Government Code ~ 93 0 . 4 wi thin SRe ll.uRelreel elays six
(6) months of the accrual of the cause of action; or if a,
grievance procedure applicable to the claimant provides for
submission of grievances regarding the payment of fees,
salaries, wages, mileage or other expenses, such claim shall
be presented, pursuant to Government Code ~935, within the
time specified in said grievance procedure.
D. A claim relating to any other cause of action shall be
presented, in the manner provided in Article 2 (commencing
with Section 915) of the California Government Code, not later
than one year after the accrual of the cause of action.
1.34.050 Delegation.
The functions of the city council required to be performed in
considering and rej ecting, approving, compromising or settling
claims provided for by this chapter are hereby delegated to and
shall be performed by the elireetsr sf persaRRel Risk Manaqer. The
a~irector of ~rinance may cause a warrant to be issued upon the
city treasury in the amount for which any such claim has been
allowed, compromised or settled, by the elireetsr af pers8RRel Risk
Manaqer, provided such amount does not exceed ~1g,99g $50.000.
1.34.060 Late Claims.
2
,
~ '/ 1- ;Z
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(
(
If claims required by this chapter to be submitted within a
period of less than one year are not submitted within the stated
time (see ~1.34.040 A, B, and C), an application may be made to the
city to present such claim within one year of the accrual of the
cause of action and in accordance with the requirements of
Government Code s930.4 and s935(e).
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Candy Emerson, Director of
Human Resources
3
.
.~0-3
~~ h 19/9<]
ORDINANCE NO. :J. 7 ~ 7 ~
AN ORDIN......l\1CE OF THE CITY OF CHULA VIST A AME~ ~TION
2.52.040 OF THE CHULA VISTA MUNICIPAL CODE r~DIFY THE
DEFINITIOl\' OF "CONTRIBUTIONS" TO ALLOW ~COLLECTION OF
ADDITIOJ\AL FUNDS TO RETIRE A DEBT ~D IN A
DECLARA.. TORY RELIEF ACTION OR ~XCTION TO El\1FORCE
PERCEIVED RIGHTS UJ\TDER THE ELECTIONS CODE OR THE
MUNICIPAL CODE
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 2.52.040 of the Chula Vista Municipal Code is amended to
read as follows:
Sec. 2.52.040 Definitions.
A. "Agent". For purposes of this section, a person is the "agent" of the party to, or a
participant in, a proceeding involving a license, permit or other entitlement for use
only ifhe or she represents that person in connection with the proceeding
involving the license, permit or other entitlement for use. If an individual acting.
as an agent is also acting as an employee or member of a law, architectural,
engineering or consulting firm, or a similar entity or corporation, both the entity
or corporation and the individual are "agents".
B. "Candidate" means a candidate for any city elective office, the candidate's
campaign committee, committee(s) controlled by the candidate, agents of the
candidate, and any person acting at .the behest of a candidate. An incumbent shall
be presumed to be a candidate unless he or she files a written statement with the
city clerk stating that he or she does not intend to be a candidate for the next
. election for his or her office.
C. "City Campaign Statement" means the statement which, to the extent practicable,
shall be similar to or consolidated with that required by state law.
D. "City Elective Office" means the offices held by members of the city council and
any other separately elected offices of the city.
E. "Contributions" are defined in a manner identical with the definition found in
Government Code section 82015 and any related provisions in the California
. \clmil'li3trll.ti. ~ Cocl~ Code of Relrulations, except that, notwithstanding anything
contained herein to the contrary, a payment by a third party to, or for the benefit
of, a councilperson made and used for the express purpose of offsetting costs
I
~
7-/
already incurred by that counciJperson in the defense of a criminal or
administrative prosecutorial action against said councilperson, or for the purpose
of offsetting costs alreadv incurred bv Councilperson in a declaratorY relief action
or in enforcement of any perceived rights under the Elections Code or Municipal
Code during the period of the campaign, and not made or used for the purpose of
aiding in the ejection of said councilperson, and not made within (before or after)
100 days of an election in which the councilperson is competing for a seat or .
office, shall not be deemed to be a contribution for the purposes of this chapter.
r. "Intermediary" means a person who delivers to a candidate or committee a
contribution from another person unless such contribution is from the person's
employer, immediate family or an association to which the person belongs. No
person who is the treasurer ofthe committee to which the contribution is made or
is the candidate who controls the committee to which the contribution is made
shall be an intermediary for such contribution.
G. "Organization" means a proprietorship, Jabor union, firm, partnership,joint
venture, syndicate, business, trust, company, corporation, association, or
committee, including a political action committee.
H. "Person" means a natura] individual.
1. "Political Purpose" means an action by a candidate for the purpose of influencing,
or attempting to influence, either directly or indirectly, the actions of the voters
for or against the election of that candidate or any other candidate for the same
city elective office.
J. "State Campaign Statement" means an itemized report which is prepared on a
form prescribed by the Fair Political Practices Commission and which provides
the information required by Chapter 4 of Title 9 of the Government Code.
K. "Party" means any person, who files an application for or is the subject or, a
proceeding involving a license, permit or other entitlement for use.
L. "Participant" means any person who is not a party, but who actively supports or
opposes a particular decision in a proceeding involving a license, permit, or other
entitlement of ruse, and who has a financial interest in the decision as described in
Article I (Commencing with Section 87100) of Chapter 7. A person actively
supports or opposes a particular decision in a proceeding ifhe or she lobbies in
person, the officers or employees of the city, testifies in person before the city, or
otherwise acts to influence officers of the city.
7
~
7-;:?-
\1.
"Regulated Independent Expenditure Committee" means an independent
expenditure comminee as defined in Goyernment Code Sections 82013 and 82031
which supports or opposes in whole or in part a candidate for city elective office if
contributions are made to said comminee with the intent that they, or a
comparable amount of funds otherwise o\\lled by, or under the control of, the
comminee be used to support or oppose a particular candidate for a city elective
office.
,^'~
SECT10N II: This ordinance shall take effect and be in full force on the thirtieth day
from a'ld after its adoption.
Presented and Approved as to form by
'. ~"- I!-.~
,.71 Kahen)', City Anorney': ~
,
.)
_lJ ~ 7
7-3
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ---.L
Meeting Date 2/2/99
Resolution / <7 3 i iJ Approving an Interim Desiltation and Grading
Agreement (Poggi Canyon) between the City and Otay Project, LLC and
authorizing the Mayor to execute said agreement.
Director of Public Works (jIt/
CHy """"" DR- '(r ~ (41S"" Vore, y"yoX)
SUBMITTED BY:
REVIEWED BY:
It is recommended that this item be continued to the meeting of 2/16/99.
H:\HOME\ENGlNEER\AGENDA \ORl27G3.DRS
~r-I
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 02102/99
ITEM TITLE: PUBLIC HEARING: TO CONSIDER THE ISSUANCE OF MULTI-FAMILY HOUSING
REVENUE BONDS FOR THE ACOUlSITION AND REHABILITATION OF PEARTREE
APARTMENTS BY THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
RESOLUTION /9;1...53 APPROVING THE ISSUANCE OF MULTIFAMILY
HOUSING REVENUE BONDS FOR THE ACOUlSITION AND REHABILITATION OF
PEARTREE APARTMENTS BY THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
BACKGROUND:
City Manager~ ,
(4/5ths Vote: Yes_ NoX)
SUBMITTED BY: Community Development Director
REVIEWED BY:
....---...
On December 18, 1998, the City of Chula Vista received a proposal from Mr. Stephen Hamill of California
Statewide Communities Development Authority (CSCDA). CSCDA is a Joint Powers Authority established in 1987
by the League of California Cities and the California State Association of Counties to assist local government
agencies to achieve economic, financial and social goals. CSCDA serves as a statewide public issuer of tax
exempt financing and has issued over $6 billion in financing to date. CSCDA has requested the City of Chula Vista
to hold this public hearing for the acquisition and rehabilitation of a 119 unit complex known as the Peartree
Apartments located at 1025 Broadway (see location map).
CSCDA has applied for $7,000,000 in private activity bonds from the California Debt limit Allocation Committee
(CDLAC) to acquire and rehabilitate the Peartree Apartments. CSCDA has also submitted CDLAC applications for
the acquisition and rehabilitation of apartment complexes located in the cities of San Diego, T urlock, Fresno, and
the San Fernando Valley. CSCDA is authorized to issue bonds, notes, other evidences of indebtedness or
certificates of participation in leases or other agreements in order to promote economic development, including
the provision and maintenance of multifamily housing. The City of Chula Vista is a Program Participant of CSCDA.
Currently over 148 cities, 44 counties and over 40 various districts or agencies of some type are Program
Participants of CSCDA.
;1-/
Page 2. Item _
Meeting Date 02102/99
Section 147(1) of the Internal Revenue Code requires that the proposed project and financing be approved by a
governmental unit having jurisdiction over the area in which the project to be financed is located. A second
component of the hearing process is the approval of a resolution approving the issuance of multifamily housing
revenue bonds by CSCDA for the acquisition and rehabilitation of the Peartree Apartments.
RECOMMENDATION: That the City Council of the City of Chula Vista: a) conduct the public hearing regarding
the issuance of multifamily housing revenue bonds for the acquisition and rehabilitation of Peartree Apartments
by the California Statewide Communities Development Authority and b) approve the resolution approving the
issuance of multifamily housing revenue bonds for the acquisition and rehabilitation of the Peartree Apartments
by the California Statewide Communities Development Authority.
BOARDS/COMMISSIONS RECOMMENDATION: The Housing Advisory Commission approved the multi-
family rehabilitation project.
DISCUSSION:
The Peartree complex is located in the western portion of the city (locator map attached as Exhibit A) consisting
of 119 units and is an excellent project in need of revitalization. Avalon Communities, llC, a highly regarded and
experienced development company, has been selected to develop the project. The proposal, as initially presented,
was to maintain 10D% of the units affordable to households where incomes are at or below 60% of the area
median income and not requiring any City funds to participate. However, in an attempt to increase the affordable
characteristics of this project. staff is negotiating with Avalon Communities, llC to provide 10% of the units for
households earning 50% of the area median income with the remaining units available to households earning 60%
of the area median income. The multifamily housing revenue bonds will only provide tax credits at the 60% level
of affordability. In an attempt to further the affordability to 10% of the units to households earning 50% of the
area median income, a shortfall of approximately $272,000 is needed by Avalon Communities, llC to provide the
additional level of affordability for 10% of the units (12 units) at 50 % of area median income. The 119 units will
maintain an affordability period of 60 years.
Further negotiation between staff and Avalon Communities, llC has led to a proposal for the City to provide a loan
to Avalon Communities, llC in the amount of $150,000 to assist in closing the gap for providing 10% of the
units (12 units) at an affordability level of 50% of the area median income. Funds for the loan are available in the
low and Moderate Income Housing Fund. The terms and conditions of the loan will be further examined and the
agreement will be brought forward for Redevelopment Agency consideration at a later date.
Avalon Communities, llC has estimated the per unit cost of rehabilitating the 119 units (including interior and
exterior rehabilitation) at $10,165 with land and acquisition costs at $53,571 per units. Other fees including
contingencies, developer fees, and property tax fees will be approximately $8,767 per unit for a total per unit cost
7-;2..
Page 3. Item _
Meeting Date 02102/99
of $72,502. Upon CDLAC approval. rehabilitation of the units is expected to begin in early April and will take
approximately four months to complete.
A separate proposal to acquire and rehabilitate the Peartree Apartments was previously received from Southern
California Housing Development Corporation. However, that proposal required City financial participation in the
amount of $4 million with a substantially higher per unit cost to rehabilitate the complex.
While the units are being rehabilitated the Crime Free Multi-Housing Program developed by the Chula Vista Police
Department will be implemented. A main component of the Crime Free Multi-Housing Program will be to obtain
cooperation of apartment owners to make recommended improvements to the complex in an effort to reduce the
rate of break-ins and establish a friendly association with the police officer and apartment residents and to create
a safe living environment for the Peartree residents. In addition, the proposal also outlined a partnership with
SER/Jobs for Progress to provide a job training component available to the residents.
Staff is supportive of CSCDA's proposal since it complements the City's affordable housing program. The request
for a loan from the Agency is potentially reasonable and there is no liability on the part of the City in approving
the project. In consideration for the City's cooperation, Avalon Communities, LLC has agreed to indemnify and hold
harmless the City against any challenges to the project or project related liabilities.
In the event this type of proposal is submitted for City review in the future, the City will be in a position to either
approve or decline the proposal. As outlined in the Internal Revenue Service Code, a development organization such
as CSCDA must have City approval prior to any multifamily housing revenue bonds being issued for acquisition and
rehabilitation of any project located within Chula Vista's jurisdiction.
FISCAL IMPACT: The fiscal impact of approving this resolution is minimal and limited to a small amount of
staff time in preparation of this report. If California Statewide Communities Development Authority is successful
in obtaining a bond allocation from the California Debt Limit Allocation Committee, staff will prepare a report for
Redevelopment Agency consideration to contribute a $150,000 loan for this project.
(JFA 1 H:\HOMEICOMMDEVISTAFF.REPI02.02.99\PEARTREE [January 28,1999 {8:45AM)]
9-3
RESOLUTION NO. )1) JSy
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING
REVENUE BONDS FOR THE ACQUISITION AND REHABILITATION
OF PEARTREE APARTMENTS BY THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY
WHEREAS, the California Statewide Communities Development Authority (the
"Authority") is authorized pursuant to the provisions of California Government Code Section 6500
et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated
as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of
California, including the City of Chula Vista (the "City"), to issue revenue bonds in accordance with
Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of
financing multifamily rental housing projects; and
WHEREAS, Avalon Communities, LLC (collectively, with any related entity, the
"Borrower") has requested that the Authority issue multifamily housing revenue bonds in an
aggregate principal amount not to exceed $7,000,000 (the "Bonds") for the purpose of providing
financing for the acquisition and rehabilitation of a 11 9-unit multifamily residential rental project
located at 1025 Broadway, Chula Vista, California which shall be comprised of 119 units
affordable to households earning between 50% and 60% of the area median income and generally
known as Peartree Apartments ("Project"); and
WHEREAS, the Bonds will be "private activity bonds" for purposes of the Internal
Revenue Code of 1 986 (the "Code"j, and
WHEREAS, pursuant to Section 147(1) of the Code, prior to their issuance, private
activity bonds are required to be approved by the "applicable elected representative" of the
governmental units on whose behalf such bonds are expected to be issued and by a governmental
unit having jurisdiction over the entire area in which any facility financed by such bonds is to be
located, after a public hearing held following reasonable public notice; and
WHEREAS, there has been published, at least 14 days prior to the date hereof, in
a newspaper of general circulation within the City, a notice that a public hearing regarding the
Bonds would be held on the date hereof; and
WHEREAS, such public hearing was conducted on said date by the City Council of
the City of Chula Vista, at which time an opportunity was provided to interested parties to present
arguments both for and against the issuance of the Bonds; and
WHEREAS, the members of the City Council of the City of Chula Vista (this
"Council") are the applicable elected representatives of the City; and
WHEREAS, it is intended that this resolution shall constitute the approval of the
issuance of the Bonds required by Section 147(1) of the Code and Section 9 of the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
~~~
Section 1.
The above recitals are true and correct
Section 2. The Council hereby approves the issuance of the Bonds by the
Authority for purposes of financing the Project. It is the purpose and intent of the Council that this
resolution constitute approval of the Bonds for the purpose of (a) Section 147(f) of the Code by
the applicable elected representative of the governmental unit having jurisdiction over the area in
which the project is located, in accordance with said Section 147(f), and (b) Section 9 of the
Agreement.
Section 3. The officers of the City are hereby authorized and directed, jointly
and severally, to do any and all things and to execute and deliver any and all documents that they
deem necessary or advisable in order to carry out, give effect to and comply with the terms and
intent of this resolution and the financing approved hereby.
Section 4. The City Clerk of the City of Chula Vista shall forward a certified
copy of this Resolution and a copy of the affidavit of publication of the hearing notice to:
Ana Marie del Rio, Esq
Orrick, Herrington,& Sutcliff LLP
Old Federal Reserve Bank Building
400 Sansome Street
San Francisco, California 94111
Section 5.
This resolution shall take effect immediately upon its passage.
Presented by
Approved as to form by
@k~
---
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.
Chris Salomone
Director of Community Development
,
,
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[(ENTER AUTHOR'S INITIALS) M:\HOME\COMMDEV\RESOS\ENTER DOCUMENT NAME (January 27, 1999 111;13am)]
9-3
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.
COUNCIL AGENDA STATEMENT
Item: ) tl
Meeting Date:2/2/99
ITEM TITLE:
Public Hearing: PCA 98-05; Consideration of amendment to
Chapter 19.60 to add provisions for a City-wide kiosk sign program- City
of Chula Vista.
Ordinance: An Ordinance of the City of Chula Vista Amending
Section 19.60.480 of the Chula Vista Municipal Code Relating to
Allowable Off-Site Directional Subdivision Signage.
/If!
SUBMITTED BY: Director of Planning and BUild~{r0
REVIEWED BY: City Manage~~ ~ ~\ 4/5 Vote: Yes_ No~
At the City Council meeting of January 26, M9, staff requested that this public hearing be
continued to the meeting of February 2, 1999. Staff will be meeting with the South County
Partnership to discuss their concerns with the program, and will be incorporating their concerns
into the report and program. Staff believe that additional time is needed to make these
modifications and is, therefore, requesting this item be continued.
RECOMMENDATION:
That the public hearing be opened on February 2, 1999 and continued to the meeting of February
9, 1999.
Jty~1
COUNCIL AGENDA STATEMENT
Item / :;. r1
ITEM TITLE:
Meeting Date 2/2/99
/9;1f7
Resolution - Supporting SB 31 (Peace) and AB 4 (Baldwin),
Murder: special circumstances
SUBMITTED BY:
I I
Legislative Committee );t+r 4/5 Vote: Yes_ No-X..
Senate Bill 31 (Peace) and Assembly Bill 4 (Baldwin) are recently-introduced pieces
legislation which would mandate either life in prison without possibility of parole or the
death sentence for those convicted of murdering an individual under the age of 14.
The authors have requested the support of the Chula Vista City Council for these
proposals.
RECOMMENDATION: That the Chula Vista City Council approve the Resolution
supporting SB 31 and AB 4.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Backqround
In early November of 1998, Senator Steve Peace submitted a proposal to the State
Legislative Counsel, for consideration during the 1999 legislative session. The purpose
of the bill is to amend the State of California Penal Code to require either life in prison
without possibility of parole or the death sentence for anyone convicted of murdering
an individual under the age of 14. This proposal has subsequently been published as
SB 31.
On November 14, 1998, this region was horrified by the brutal murder of 9-year-old
Matthew Cecchi.
Shortly thereafter, Assemblymember Steve Baldwin submitted a proposal in the State
Assembly which has been published as AB 4. Like Senator Peace's proposal, AB 4
would require either life in prison without possibility of parole or the death sentence
for anyone convicted of murdering an individual under the age of 14.
JJ/J-j
Page 2 Item No.
Meeting Date: 2/2/99
Both authors have requested support for their proposals from Chula Vista.
The cities of San Diego and La Mesa, as well as the County Board of Education have
each taken positions in support of these measures. The cities of Oceanside, EI Cajon,
Solana Beach, Lemon Grove and Imperial Beach are similarly preparing resolutions of
support.
This issue is not covered in the City's adopted 1999 Legislative Program. Council
action is required, therefore in order for Chula Vista to take a position on these bills.
The Mayor is requesting Council support for SB 31 and AB 4 in order to assist Senator
Peace and Assemblyman Baldwin in their efforts to inflict the maximum penalty on
those who would willfully harm the most innocent members of our society.
FISCAL IMPACT:
There is no direct fiscal impact to the City anticipated from the passage of these
proposals.
attachments:
. Text of SB 31
. Text of AB 4
. Resolution
c:\...\A 113\sb31 ab4.113
Jd.-;9 ~.2
RESOLUTION NO. ~;1~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING SB 31 (PEACE) AND AB 4
(BALDWIN), MURDER: SPECIAL CIRCUMSTANCES
WHEREAS, the children of our planet are its most precious
resources; and
WHEREAS, the protection and welfare of our children must
always be among our highest priorities; and
WHEREAS, those who would deliberately harm a child must
be given the maximum punishment for their actions; and
(Baldwin)
parole or
killing a
WHEREAS, Senate Bill 31 (Peace) and Assembly Bill 4
would mandate life in prison without possibility of
the death sentence for those convicted of intentionally
victim who was under 14 years of age; and
WHEREAS, this issue is not covered under the City's
adopted 1999 Legislative Program and so requires Council action in
order for the City to take a position on these bills.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chu1a vista does hereby support SB 31 (Peace) and AB 4
(Baldwin), Murder: special circumstances.
Presented by
Approved as to form by
Shirley Horton, Mayor
H: \home\lorraine\rs\sb31. sup
JJA ~ 3
AMENDED IN SENATE JANUARY 19, 1999
SENATE BILL
No.3!
Introduced by Senators Peace, Morrow, Costa, Perata, and
Rainey
(Principal coauthors: Assembly Members Ashburn,
Calderon, and Frusetta)
Assembly Members f.3h6\ffR,
Leach, McClintock, Scott, IIRB Soto) Soto, and
(Coauthors:
Fmsettll,
Wayne)
Calcl.ef6H,
December 7, 1998
An act to amend Sections 188, 189, and 190.2 of the Penal
Code, and to amend Section 3 of Chapter 629 of the Statutes
of 1998, relating to murder.
LEGISLATIVE COUNSEL'S DIGEST
SB 31, as amended, Peace, Murder: special circumstances.
(1) Existing law defines the term malice, for purposes of
murder, and provides that malice may be express or implied.
Under existing law malice is express when there is manifested
a deliberate intention unlawfully to take away the life of a
fellow creature.
This bill would delete the term deliberate from this
definition of express malice and provide that this definition is
declaratory of existing law.
(2) Existing law, as amended by initiative statute, provides
that any murder that is perpetrated by specified means or by
any other kind of willful, deliberate, and premeditated killing,
is murder of the first degree. The initiative statute provides
98
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SB 31
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that any amendment of its provisions by the Legislature shall
require a 21) vote of the membership of each house.
This bill additionally would provide that a murder
committed with the intent to kill that is perpetrated by means
of arson or kidnapping, or a murder perpetrated by a
defendant who intentionally kills a victim who is under 14
years of age at the time of the murder, and the defendant
knows or reasonably should know that the victim is under 14
years of age, constitutes murder in the first degree. Because
it would amend an initiative statute, the bill would require a
2h vote.
(3) Existing law, as amended by initiative statute, provides
that the penalty for a defendant found guilty of murder in the
first degree is death or imprisonment in the state prison for life
without the possibility of parole where one or more special
circumstances has been charged and found to be true.
This bill would include within the enumeration of special
circumstances a murder where the defendant intentionally
killed the victim, who was under 14 years of age, and the
defendant knew or reasonably should have known that the
victim was under 14 years of age. The bill would provide that
these provisions shall become effective only when submitted
to, and approved by, the voters.
This bill would incorporate additional amendments to
Section 190.2 of the Penal Code proposed by Chapter 629 of
the Statutes of 1998, but not yet approved by the voters, to be
operative only if both that chapter and this bill are approved
by the voters. The bill also would amend Chapter 629 of the
Statutes of 1998 to make conforming changes.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 188 of the Penal Code is
2 amended to read:
3 188. SlieR ffi{lliee Malice may be express or implied. It
4 is express when there is manifested an intention
5 unlawfully to take away the life of a fellow creature. It is
6 implied, when no considerable provocation appears, or
98
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SB 31
1 when the circumstances attending the killing show an
2 abandoned and malignant heart.
3 When it is shown that the killing resulted from the
4 intentional doing of an act with express or implied malice
5 as defined above, no other mental state need be shown to
6 establish the mental state of malice aforethought. Neither
7 an awareness of the obligation to act within the general
8 body of laws regulating society nor acting despite stteft
9 that awareness is included within the definition of malice.
10 SEe. 2. Section 189 of the Penal Code is amended to
11 read:
12 189. (a) All murder which is perpetrated by means of
13 a destructive device or explosive, knowing use of
14 ammunition designed primarily to penetrate metal or
15 armor, poison, lying in wait, torture, or by any other kind
16 of willful, deliberate, and premeditated killing, or which
17 is committed in the perpetration of, or attempt to
18 perpetrate, arson, rape, carjacking, robbery, burglary,
19 mayhem, kidnapping, train wrecking, or any act
20 punishable under Section 286, 288, 288a, or 289, or any
21 murder which is perpetrated by means of discharging a
22 firearm from a motor vehicle, intentionally at another
23 person outside of the vehicle with the intent to inflict
24 death, or any murder which is perpetrated by means of
25 kidnapping or arson and the kidnapping or arson is done
26 with the intent to kill the victim or victims of that
27 kidnapping or arson, or any murder perpetrated by a
28 defendant who intentionally kills a victim who is under 14
29 years of age at the time of the murder, and the defendant
30 knows or reasonably should know that the victim is under
31 14 years of age, is murder of the first degree.
32 (b) All kinds of murders other than those listed in
33 subdivision (a) are of the second degree.
34 (c) As used in this section, "destructive device" means
35 any destructive device as defined in Section 12301, and
36 "explosive" means any explosive as defined in Section
37 12000 of the Health and Safety Code.
38 (d) To prove the killing was "deliberate and
39 premeditated," it shall not be necessary to prove the
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SB 31
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1 defendant maturely and meaningfully reflected upon the
2 gravity of his or her act.
3 SEe. 3. Section 190.2 of the Penal Code, as amended
4 by Chapter 478 of the Statutes of 1995, is amended to read:
5 190.2. (a) The penalty for a defendant who is found
6 guilty of murder in the first degree is death or
7 imprisonment in the state prison for life without the
8 possibility of parole if one or more of the following special
9 circumstances has been found under Section 190.4 to be
10 true:
11 (1) The murder was intentional and carried out for
12 financial gain.
13 (2) The defendant was convicted previously of
14 murder in the first or second degree. For the purpose of
15 this paragraph, an offense committed in another
16 jurisdiction, which if committed in California would be
17 punishable as first or second degree murder, shall be
18 deemed murder in the first or second degree.
19 (3) The defendant, in this proceeding, has been
20 convicted of more than one offense of murder in the first
21 or second degree.
22 (4) The murder was committed by means of a
23 destructive device, bomb, or explosive planted, hidden,
24 or concealed in any place, area, dwelling, building, or
25 structure, and the defendant knew, or reasonably should
26 have known, that his or her act or acts would create a
27 great risk of death to one or more human beings.
28 (5) The murder was committed for the purpose of
29 avoiding or preventing a lawful arrest, or perfecting or
30 attempting to perfect, an escape from lawful custody.
31 (6) The murder was committed by means of a
32 destructive device, bomb, or explosive that the defendant
33 mailed or delivered, attempted to mail or deliver, or
34 caused to be mailed or delivered, and the defendant
35 knew, or reasonably should have known, that his or her
36 act or acts would create a great risk of death to one or
37 more human beings.
38 (7) The victim was a peace officer, as defined in
39 Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34,
40 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or
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SB 31
1 830.12, who, while engaged In the course of the
2 performance of his or her duties, was intentionally killed,
3 and the defendant knew, or reasonably should have
4 known, that the victim was a peace officer engaged in the
5 performance of his or her duties; or the victim was a peace
6 officer, as defined in the above-enumerated sections, or
7 a former peace officer under any of those sections, and
8 was intentionally killed in retaliation for the performance
9 of his or her official duties.
10 (8) The victim was a federal law enforcement officer
11 or agent who, while engaged in the course of the
12 performance of his or her duties, was intentionally killed,
13 and the defendant knew, or reasonably should have
14 known, that the victim was a federal law enforcement
15 officer or agent engaged in the performance of his or her
16 duties; or the victim was a federal law enforcement
17 officer or agent, and was intentionally killed in retaliation
18 for the performance of his or her official duties.
19 (9) The victim was a firefighter, as defined in Section
20 245.1, who, while engaged in the course of the
21 performance of his or her duties, was intentionally killed,
22 and the defendant knew, or reasonably should have
23 known, that the victim was a firefighter engaged in the
24 performance of his or her duties.
25 (10) The victim was a witness to a crime who was
26 intentionally killed for the purpose of preventing his or
27 her testimony in any criminal or juvenile proceeding, and
28 the killing was not committed during the commission or
29 attempted commission, of the crime to which he or she
30 was a witness; or the victim was a witness to a crime and
31 was intentionally killed in retaliation for his or her
32 testimony in any criminal or juvenile proceeding. As used
33 in this paragraph, "juvenile proceeding" means a
34 proceeding brought pursuant to Section 602 or 707 of the
35 Welfare and Institutions Code.
36 (11) The victim was a prosecutor or assistant
37 prosecutor or a former prosecutor or assistant prosecutor
38 of any local or state prosecutor's office in this or any other
39 state, or of a federal prosecutor's office, and the murder
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1 was intentionally carried out in retaliation for, or to
2 prevent the performance of, the victim's official duties.
3 (12) The victim was a judge or former judge of any
4 court of record in the local, state, or federal system in this
5 or any other state, and the murder was intentionally
6 carried out in retaliation for, or to prevent the
7 performance of, the victim's official duties.
8 (13) The victim was an elected or appointed official or
9 former official of the federal government, or of any local
10 or state government of this or any other state, and the
11 killing was intentionally carried out in retaliation for, or
12 to prevent the performance of, the victim's official duties.
13 (14) The murder was especially heinous, atrocious, or
14 cruel, manifesting exceptional depravity. As used in this
15 section, the phrase "especially heinous, atrocious, or
16 cruel, manifesting exceptional depravity" meanS a
17 conscienceless or pitiless crime that is unnecessarily
18 torturous to the victim.
19 (15) The defendant intentionally killed the victim
20 while lying in wait.
21 (16) The victim was intentionally killed because of his
22 or her race, color, religion, nationality, or country of
23 ongm.
24 (17) The murder was conunitted while the defendant
25 was engaged in, or was an accomplice in, the conunission
26 of, attempted conunission of, or the immediate flight
27 after conunitting, or attempting to conunit, the following
28 felonies:
29 (A) Robbery in violation of Section 211 or 212.5.
30 (B) Kidnapping in violation of Section 207, 209, or
31 209.5.
32 (C) Rape in violation of Section 261.
33 (D) Sodomy in violation of Section 286.
34 (E) The performance of a lewd or lascivious act upon
35 the person of a child under the age of 14 years in violation
36 of Section 288.
37 (F) Oral copulation in violation of Section 288a.
38 (0) Burglary in the first or second degree in violation
39 of Section 460.
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I (H) Arson in violation of subdivision (b) of Section
2 451.
3 (I) Train wrecking in violation of Section 219.
4 (J) Mayhem in violation of Section 203.
5 (K) Rape by instrument in violation of Section 289.
6 (L) Carjacking, as defined in Section 215.
7 (18) The murder was intentional and involved the
8 infliction of torture.
9 (19) The defendant intentionally killed the victim by
10 the administration of poison.
11 (20) The victim was a juror in any court of record in
12 the local, state, or federal system in this or any other state,
13 and the murder was intentionally carried out in
14 retaliation for, or to prevent the performance of, the
15 victim's official duties.
16 (21) The murder was intentional and perpetrated by
17 means of discharging a firearm from a motor vehicle,
18 intentionally at another person or persons outside the
19 vehicle with the intent to inflict death. For purposes of
20 this paragraph, "motor vehicle" means any vehicle as
21 defined in Section 415 of the Vehicle Code.
22 (22) The defendant intentionally killed the victim,
23 who was under 14 years of age, and knew or reasonably
24 should have known that the victim was under 14 years of
25 age.
26 (b) Unless an intent to kill is specifically required
27 under subdivision (a) for a special circumstance
28 enumerated therein, an actual killer, as to whom the
29 special circumstance has been found to be true under
30 Section 190.4, need not have had any intent to kill at the
31 time of the commission of the offense which is the basis
32 of the special circumstance in order to ~ be punished
33 by death or eSHfiflelfleflt imprisonment in the state
34 prison for life without the possibility of parole.
35 (c) Every person, not the actual killer, who, with the
36 intent to kill, aids, abets, counsels, commands, induces,
37 solicits, requests, or assists any actor in the commission of
38 murder in the first degree shall be punished by death or
39 imprisonment in the state prison for life without the
40 possibility of parole if one or more of the special
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1 circumstances enumerated in subdivision (a) has been
2 found to be true under Section 190.4.
3 (d) Notwithstanding subdivision (c), every person,
4 not the actual killer, who, with reckless indifference to
5 human life and as a major participant, aids, abets,
6 counsels, commands, induces, solicits, requests, or assists
7 in the commission of a felony enumerated in paragraph
8 (17) of subdivision (a) which results in the death of some
9 person or persons, and who is found guilty of murder in
10 the first degree therefor, shall be punished by death or
11 imprisonment in the state prison for life without the
12 possibility of parole if a special circumstance enumerated
13 in paragraph (17) of subdivision (a) has been found to be
14 true under Section 190.4.
15 The penalty shall be determined as provided in this
16 section and Sections 190.1, 190.3, 190.4, and 190.5.
17 SEC. 4. Section 190.2 of the Penal Code, as amended
18 by Section 2 of Chapter 629 of the Statutes of 1998, is
19 amended to read:
20 190.2. (a) The penalty for a defendant who is found
21 guilty of murder in the first degree is death or
22 imprisonment in the state prison for life without the
23 possibility of parole if one or more of the following special
24 circumstances has been found under Section 190.4 to be
25 true:
26 (1) The murder was intentional and carried out for
27 financial gain.
28 (2) The defendant was convicted previously of
29 murder in the first or second degree. For the purpose of
30 this paragraph, an offense committed in another
31 jurisdiction, which if committed in California would be
32 punishable as first or second degree murder, shall be
33 deemed murder in the first or second degree.
34 (3) The defendant, in this proceeding, has been
35 convicted of more than one offense of murder in the first
36 or second degree.
37 (4) The murder was committed by means of a
38 destructive device, bomb, or explosive planted, hidden,
39 or concealed in any place, area, dwelling, building, or
40 structure, and the defendant knew, or reasonably should
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1 have known, that his or her act or acts would create a
2 great risk of death to one or more human beings.
3 (5) The murder was committed for the purpose of
4 avoiding or preventing a lawful arrest, or perfecting or
5 attempting to perfect, an escape from lawful custody.
6 (6) The murder was committed by means of a
7 destructive device, bomb, or explosive that the defendant
8 mailed or delivered, attempted to mail or deliver, or
9 caused to be mailed or delivered, and the defendant
10 knew, or reasonably should have known, that his or her
11 act or acts would create a great risk of death to one or
12 more human beings.
13 (7) The victim was a peace officer, as defined in
14 Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34,
15 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or
16 830.12, who, while engaged in the course of the
17 performance of his or her duties, was intentionally killed,
18 and the defendant knew, or reasonably should have
19 known, that the victim was a peace officer engaged in the
20 performance of his or her duties; or the victim was a peace
21 officer, as defined in the above-enumerated sections, or
22 a former peace officer under any of those sections, and
23 was intentionally killed in retaliation for the performance
24 of his or her official duties.
25 (8) The victim was a federal law enforcement officer
26 or agent who, while engaged in the course of the
27 performance of his or her duties, was intentionally killed,
28 and the defendant knew, or reasonably should have
29 known, that the victim was a federal law enforcement
30 officer or agent engaged in the performance of his or her
31 duties; or the victim was a federal law enforcement
32 officer or agent, and was intentionally killed in retaliation
33 for the performance of his or her official duties.
34 (9) The victim was a firefighter, as defined in Section
35 245.1, who, while engaged in the course of the
36 performance of his or her duties, was intentionally killed,
37 and the defendant knew, or reasonably should have
38 known, that the victim was a firefighter engaged in the
39 performance of his or her duties.
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1 (10) The victim was a witness to a cnme who was
2 intentionally killed for the purpose of preventing his or
3 her testimony in any criminal or juvenile proceeding, and
4 the killing was not committed during the commission or
5 attempted commission, of the crime to which he or she
6 was a witness; or the victim was a witness to a crime and
7 was intentionally killed in retaliation for his or her
8 testimony in any criminal or juvenile proceeding. As used
9 in this paragraph, "juvenile proceeding" means a
10 proceeding brought pursuant to Section 602 or 707 of the
II Welfare and Institutions Code.
12 (II) The victim was a prosecutor or assistant
13 prosecutor or a former prosecutor or assistant prosecutor
14 of any local or state prosecutor's office in this or any other
15 state, or of a federal prosecutor's office, and the murder
16 was intentionally carried out in retaliation for, or to
17 prevent the performance of, the victim's official duties.
18 (12) The victim was a judge or former judge of any
19 court of record in the local, state, or federal system in this
20 or any other state, and the murder was intentionally
21 carried out in retaliation for, or to prevent the
22 performance of, the victim's official duties.
23 (13) The victim was an elected or appointed official or
24 former official of the federal government, or of any local
25 or state government of this or any other state, and the
26 killing was intentionally carried out in retaliation for, or
27 to prevent the performance of, the victim's official duties.
28 (14) The murder was especially heinous, atrocious, or
29 cruel, manifesting exceptional depravity. As used in this
30 section, the phrase "especially heinous, atrocious, or
31 cruel, manifesting exceptional depravity" means a
32 conscienceless or pitiless crime that is unnecessarily
33 torturous to the victim.
34 (15) The defendant intentionally killed the victim by
35 means of lying in wait.
36 (16) The victim was intentionally killed because of his
37 or her race, color, religion, nationality, or country of
38 origin.
39 (17) The murder was committed while the defendant
40 was engaged in, or was an accomplice in, the commission
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1 of, attempted commission of, or the immediate flight
2 after committing, or attempting to commit, the following
3 felonies:
4 (A) Robbery in violation of Section 211 or 212.5.
5 (B) Kidnapping in violation of Section 207, 209, or
6 209.5.
7 (C) Rape in violation of Section 261.
8 (D) Sodomy in violation of Section 286.
9 (E) The performance of a lewd or lascivious act upon
10 the person of a child under the age of 14 years in violation
11 of Section 288.
12 (F) Oral copulation in violation of Section 288a.
13 (G) Burglary in the first or second degree in violation
14 of Section 460.
15 (H) Arson in violation of subdivision (b) of Section
16 451.
17 (I) Train wrecking in violation of Section 219.
18 (1) Mayhem in violation of Section 203.
19 (K) Rape by instrument in violation of Section 289.
20 (L) Carjacking, as defined in Section 215.
21 (M) To prove the special circumstances of kidnapping
22 in subparagraph (B), or arson in subparagraph (H), if
23 there is specific intent to kill, it is only required that there
24 be proof of the elements of those felonies. If so
25 established, those two special circumstances are proven
26 even if the felony of kidnapping or arson is committed
27 primarily or solely for the purpose of facilitating the
28 murder.
29 (18) The murder was intentional and involved the
30 infliction of torture.
31 (19) The defendant intentionally killed the victim by
32 the administration of poison.
33 (20) The victim was a juror in any court of record in
34 the local, state, or federal system in this or any other state,
35 and the murder was intentionally carried out in
36 retaliation for, or to prevent the performance of, the
37 victim's official duties.
38 (21) The murder was intentional and perpetrated by
39 means of discharging a firearm from a motor vehicle,
40 intentionally at another person or persons outside the
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I vehicle with the intent to inflict death. For purposes of
2 this paragraph, "motor vehicle" means any vehicle as
3 defined in Section 415 of the Vehicle Code.
4 (22) The defendant intentionally killed the victim,
5 who was under 14 years of age, and knew or reasonably
6 should have known that the victim was under 14 years of
7 age.
8 (b) Unless an intent to kill is specifically required
9 under subdivision (a) for a special circumstance
10 enumerated therein, an actual killer, as to whom the
11 special circumstance has been found to be true under
12 Section 190.4, need not have had any intent to kill at the
13 time of the commission of the offense which is the basis
14 of the special circumstance in order to ~ be punished
15 by death or eeftfiaelHeat imprisonment in the state
16 prison for life without the possibility of parole.
17 (c) Every person, not the actual killer, who, with the
18 intent to kill, aids, abets, counsels, commands, induces,
19 solicits, requests, or assists any actor in the commission of
20 murder in the first degree shall be punished by death or
21 imprisonment in the state prison for life without the
22 possibility of parole if one or more of the special
23 circumstances enumerated in subdivision (a) has been
24 found to be true under Section 190.4.
25 (d) Notwithstanding subdivision (c), every person,
26 not the actual killer, who, with reckless indifference to
27 human life and as a major participant, aids, abets,
28 counsels, commands, induces, solicits, requests, or assists
29 in the commission of a felony enumerated in paragraph
30 (17) of subdivision (a) which results in the death of some
31 person or persons, and who is found guilty of murder in
32 the first degree therefor, shall be punished by death or
33 imprisonment in the state prison for life without the
34 possibility of parole if a special circumstance enumerated
35 in paragraph (17) of subdivision (a) has been found to be
36 true under Section 190.4.
37 The penalty shall be determined as provided in this
38 section and Sections 190.1, 190.3, 190.4, and 190.5.
39 SEC. 5. Section 3 of Chapter 629 of the Statutes of 1998
40 is amended to read:
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1 Sec. 3. Section 2 of this act affects an initiative statute
2 and shall become effective, subject to the conditions set
3 forth in Section 8 of SB = 31 of the 1999-2000
4 Regular Session, only when submitted to, and approved
5 by, the voters of California, pursuant to subdivision (c) of
6 Section 10 of Article II of the California Constitution.
7 SEe. 6. (a) Section 1 of this act is declaratory of
8 existing law.
9 (b) Section 2 of this act is intended to clarify that a
10 murder committed with the intent to kill which is
11 perpetrated by means of arson or kidnapping constitutes
12 murder in the first degree.
13 SEC. 7. Sections 3 and 4 of this act affect an initiative
14 statute and shall become effective, subject to the
15 conditions set forth in Section 8, only when submitted to,
16 and approved by, the voters of California, pursuant to
17 subdivision (c) of Section 10 of Article II of the California
18 Constitution.
19 SEC. 8. (a) Section 4 of this act incorporates
20 amendments to Section 190.2 of the Penal Code proposed
21 by both this act and Chapter 629 of the Statutes of 1998.
22 It shall become operative only if (1) both this act and
23 Chapter 629 of the Statutes of 1998 are submitted to, and
24 approved by, the voters pursuant to subdivision (c) of
25 Section 10 of Article II of the California Constitution, and
26 (2) this act and Chapter 629 of the Statutes of 1998 both
27 amend Section 190.2 of the Penal Code.
28 (b) If this act and Chapter 629 of the Statutes of 1998
29 are approved by the voters at the same election, Section
30 3 of this act and Section 2 of Chapter 629 of the Statutes
31 of 1998 shall not become operative.
32 (c) If Chapter 629 of the Statutes of 1998 is approved
33 by the voters at an election held before the election at
34 which this act is submitted to the voters, Section 3 of this
35 act shall not become operative and shall not be submitted
36 to the voters.
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CALIFORNIA LEGISLATURE-1999-OO REGULAR SESSION
ASSEMBLY BILL
No.4
Introduced by Assembly Members Baldwin and Kaloogian
(Coauthors: Assembly Members Aanestad, Bates, Cunneen,
Leonard, Margett, Pescetti, and Strickland)
December 7, 1998
An act to amend Section 190.2 of the Penal Code, relating
to murder.
as
LEGISLATIVE COUNSEL.S DIGEST
introduced, Baldwin.
special
AB 4,
circumstances.
Existing law, as amended by initiative statute, provides that
the penalty for a defendant guilty of murder in the first degree
shall be death or imprisonment in the state prison for life
without the possibility of parole where one or more special
circumstances have been charged and found to be true.
This bill would include within the enumeration of special
circumstances a murder where the defendant intentionally
killed the victim, who was under 14 years of age, and knew or
reasonably should have known that the victim was under 14
years of age.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Murder:
The people of the State of California do enact asfollows:
I SECTION 1. This act shall be known and may be cited
2 as "Matthew's Law."
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1 SEC. 2. Section 190.2 of the Penal Code, as amended
2 by Chapter 478 of the Statutes of 1995, is amended to read:
3 190.2. (a) The penalty for a defendant who is found
4 guilty of murder in the first degree is death or
5 imprisonment in the state prison for life without the
6 possibility of parole if one or more of the following special
7 circumstances has been found under Section 190.4 to be
8 true:
9 (1) The murder was intentional and carried out for
10 financial gain.
11 (2) The defendant was convicted previously of
12 murder in the first or second degree. For the purpose of
13 this paragraph, an offense committed in another
14 jurisdiction, which if committed in California would be
15 punishable as first or second degree murder, shall be
16 deemed murder in the first or second degree.
17 (3) The defendant, in this proceeding, has been
18 convicted of more than one offense of murder in the first
19 or second degree.
20 (4) The murder was committed by means of a
21 destructive device, bomb, or explosive planted, hidden,
22 or concealed in any place, area, dwelling, building, or
23 structure, and the defendant knew, or reasonably should
24 have known, that his or her act or acts would create a
25 great risk of death to one or more human beings.
26 (5) The murder was committed for the purpose of
27 avoiding or preventing a lawful arrest, or perfecting or
28 attempting to perfect, an escape from lawful custody.
29 (6) The murder was committed by means of a
30 destructive device, bomb, or explosive that the defendant
31 mailed or delivered, attempted to mail or deliver, or
32 caused to be mailed or delivered, and the defendant
33 knew, or reasonably should have known, that his or her
34 act or acts would create a great risk of death to one or
35 more human beings.
36 (7) The victim was a peace officer, as defined in
37 Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34,
38 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or
39 830.12, who, while engaged in the course of the
40 performance of his or her duties, was intentionally killed,
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AB 4
1 and the defendant knew, or reasonably should have
2 known, that the victim was a peace officer engaged in the
3 performance of his or her duties; or the victim was a peace
4 officer, as defined in the above-enumerated sections, or
5 a former peace officer under any of those sections, and
6 was intentionally killed in retaliation for the performance
7 of his or her official duties.
8 (8) The victim was a federal law enforcement officer
9 or agent who, while engaged in the course of the
10 performance of his or her duties, was intentionally killed,
11 and the defendant knew, or reasonably should have
12 known, that the victim was a federal law enforcement
13 officer or agent engaged in the performance of his or her
14 duties; or the victim was a federal law enforcement
15 officer or agent, and was intentionally killed in retaliation
16 for the performance of his or her official duties.
17 (9) The victim was a firefighter, as defined in Section
18 245.1, who, while engaged in the course of the
19 performance of his or her duties, was intentionally killed,
20 and the defendant knew, or reasonably should have
21 known, that the victim was a firefighter engaged in the
22 performance of his or her duties.
23 (10) The victim was a witness to a crime who was
24 intentionally killed for the purpose of preventing his or
25 her testimony in any criminal or juvenile proceeding, and
26 the killing was not committed during the commission or
27 attempted commission, of the crime to which he or she
28 was a witness; or the victim was a witness to a crime and
29 was intentionally killed in retaliation for his or her
30 testimony in any criminal or juvenile proceeding. As used
31 in this paragraph, "juvenile proceeding" means a
32 proceeding brought pursuant to Section 602 or 707 of the
33 Welfare and Institutions Code.
34 (11) The victim was a prosecutor or assistant
35 prosecutor or a former prosecutor or assistant prosecutor
36 of any local or state prosecutor's office in this or any other
37 state, or of a federal prosecutor's office, and the murder
38 was intentionally carried out in retaliation for, or to
39 prevent the performance of, the victim's official duties.
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I (12) The vlchm was a judge or former judge of any
2 court of record in the local, state, or federal system in this
3 or any other state, and the murder was intentionally
4 carried out in retaliation for, or to prevent the
5 performance of, the victim's official duties.
6 (13) The victim was an elected or appointed official or
7 former official of the federal government, or of any local
8 or state government of this or any other state, and the
9 killing was intentionally carried out in retaliation for, or
10 to prevent the performance of, the victim's official duties.
11 (14) The murder was especially heinous, atrocious, or
12 cruel, manifesting exceptional depravity. As used in this
13 section, the phrase "especially heinous, atrocious, or
14 cruel, manifesting exceptional depravity" means a
15 conscienceless or pitiless crime that is unnecessarily
16 torturous to the victim.
17 (15) The defendant intentionally killed the victim
18 while lying in wait.
19 (16) The victim was intentionally killed because of his
20 or her race, color, religion, nationality, or country of
21 origin.
22 (17) The murder was committed while the defendant
23 was engaged in, or was an accomplice in, the commission
24 of, attempted commission of, or the immediate flight
25 after committing, or attempting to commit, the following
26 felonies:
27 (A) Robbery in violation of Section 211 or 212.5.
28 (B) Kidnapping in violation of Section 207, 209, or
29 209.5.
30 (C) Rape in violation of Section 261.
31 (D) Sodomy in violation of Section 286.
32 (E) The performance of a lewd or lascivious act upon
33 the person of a child under the age of 14 years in violation
34 of Section 288.
35 (F) Oral copulation in violation of Section 288a.
36 (0) Burglary in the first or second degree in violation
37 of Section 460.
38 (H) Arson in violation of subdivision (b) of Section
39 451.
40 (I) Train wrecking in violation of Section 219.
99
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AB 4
I (J) Mayhem in violation of Section 203.
2 (K) Rape by instrument in violation of Section 289.
3 (L) Carjacking, as defined in Section 215.
4 (18) The murder was intentional and involved the
5 infliction of torture.
6 (19) The defendant intentionally killed the victim by
7 the administration of poison.
8 (20) The victim was a juror in any court of record in
9 the local, state, or federal system in this or any other state,
10 and the murder was intentionally carried out in
11 retaliation for, or to prevent the performance of, the
12 victim's official duties.
13 (21) The murder was intentional and perpetrated by
14 means of discharging a firearm from a motor vehicle,
15 intentionally at another person or persons outside the
16 vehicle with the intent to inflict death. For purposes of
17 this paragraph, "motor vehicle" means any vehicle as
18 defined in Section 415 of the Vehicle Code.
19 (22) The defendant intentionally killed the Victim,
20 who was under 14 years of age, and knew or reasonably
21 should have known that the victim was under 14 years of
22 age.
23 (b) Unless an intent to kill is specifically required
24 under subdivision (a) for a special circumstance
25 enumerated therein, an actual killer, as to whom the
26 special circumstance has been found to be true under
27 Section 190.4, need not have had any intent to kill at the
28 time of the commission of the offense which is the basis
29 of the special circumstance in order to suffer death or
30 confinement in the state prison for life without the
31 possibility of parole.
32 (c) Every person, not the actual killer, who, with the
33 intent to kill, aids, abets, counsels, commands, induces,
34 solicits, requests, or assists any actor in the commission of
35 murder in the first degree shall be punished by death or
36 imprisonment in the state prison for life without the
37 possibility of parole if one or more of the special
38 circumstances enumerated in subdivision (a) has been
39 found to be true under Section 190.4.
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1 (d) Notwithstanding subdivision (c), every person,
2 not the actual killer, who, with reckless indifference to
3 human life and as a major participant, aids, abets,
4 counsels, corrunands, induces, solicits, requests, or assists
5 in the commission of a felony enumerated in paragraph
6 (17) of subdivision (a) which results in the death of some
7 person or persons, and who is found guilty of murder in
8 the first degree therefor, shall be punished by death or
9 imprisonment in the state prison for life without the
10 possibility of parole if a special circumstance enumerated
II in paragraph (17) of subdivision (a) has been found to be
12 true under Section 190.4.
13 The penalty shall be determined as provided in this
14 section and Sections 190.1, 190.3, 190.4, and 190.5.
15 SEe. 3. This act affects an initiative statute and shall
16 become effective only when submitted to, and approved
17 by, the voters pursuant to subdivision (c) of Section 10 of
18 Article II of the California Constitution.
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