HomeMy WebLinkAboutM112601': O
r
~~~ Q
MINUTES ''~` ~~°f~''
~*~ ~';
BOARD OF SUPERVISORS
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
KIM YAMAGUCHI, 5th District
November 26, 2001
Pursuant to Government Code Section 54956, the Chair of the
Butte County Board of Supervisors called to order a Special
Meeting in the Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Beeler, Dolan, Houx, Yamaguchi, and Chair
Josiassen. Also present: Lawrence Odle, Interim Chief
Administrative Officer; Charles Bell, Special Counsel to the
Board; and Marion Reeves, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Consent Acrenda (NO ITEMS)
Regular Agenda
01-384 Supervisorial Redistricting - consideration of a resolution
determining the supervisorial district boundaries to be used
for the March 5, 2002, election, and discussion and possible
action regarding the initiation of litigation against the
County Clerk-Recorder-Registrar of Voters - actions for
consideration:
1. ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN; (RESOLUTION BACK-UP FROM 11-20-O1
[4.06 (A) (2) ]
2. DETERMINE ACTION(S) TO BE TAKEN REGARDING
LITIGATION WITH THE COUNTY CLERK-RECORDER-
REGI STRAR OF VOTERS . ( 7 0) ( * * 0 0 )
MOTION: I MOVE TO ADOPT RESOLUTION 01-136 AND AUTHORIZE THE CHAIR TO
SIGN; AND TO DETERMINE THE ACTION TO BE TAKEN REGARDING
LITIGATION FOR THE COUNTY CLERK-RECORDER-REGISTRAR OF VOTERS,
AND I WOULD LIKE MR. BELL TO PUT THIS BEFORE A COURT OF
JURISDICTION AND COME TO DECLARATORY RELIEF OF THAT ISSUE.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
Public Hearincr and Timed Items (NO ITEMS)
Page 515 November 26, 2001
November 26, 2001
O1-385 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW
FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.)
(**300)
1. CANDACE GRUBBS, COUNTY CLERK-RECORDER-REGISTRAR OF
VOTERS, INFORMS THE BOARD THAT RESOLUTION O1-134,
SUBMITTING ORDINANCE 3759 TO THE VOTERS ON
MARCH 5, 2002, DOES NOT REQUEST CONSOLIDATION WITH THE
STATEWIDE PRIMARY ELECTION, AND DOES NOT INCLUDE THE
JURISDICTION FOR THE ELECTION. SHE REQUESTED THE BOARD
REVIEW THE RESOLUTION AND CONSIDER MAKING AMENDMENTS TO
CORRECT THOSE AREAS.
O1-386 CLOSED SESSION: THE BOARD RECESSED AT 11:29 A.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING ANTICIPATED LITIGATION: INITIATION
OF LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(c) ONE POTENTIAL CASE.
(**478)
RECONVENE: THE BOARD RECONVENED AT 11:44 A.M. FROM A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING ANTICIPATED LITIGATION: INITIATION
OF LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(c) ONE POTENTIAL CASE.
(**528)
CLOSED SESSION
ANNOUNCEMENT: THE BOARD, IN CLOSED SESSION, RECEIVED A
DRAFT COMPLAINT FOR THE BOARD OF SUPERVISORS,
PLAINTIFF, VERSUS CANDACE GRUBBS, COUNTY
CLERK-RECORDER OF BUTTE COUNTY, IN HER
OFFICIAL CAPACITY, DEFENDANT, AND JANE DOLAN,
AND MARY ANNE HOUX, AS REAL PARTIES OF
INTEREST, SEEKING A VERIFIED COMPLAINT FOR
DECLARATORY AND INJUNCTIVE RELIEF.
WHEREFORE, PLAINTIFF PRAYS FOR RELIEF AS
FOLLOWS: FOR A DECLARATION THAT A) ARTICLE 4,
PART 2 OF THE BUTTE COUNTY CODE, THE 1991
REDISTRICTING BOUNDARIES ARE UNCONSTITUTIONAL
UNDER THE 14TH AMENDMENT, UNITED STATES
CONSTITUTION; DENY EQUAL PROTECTION OF THE
LAWS TO RESIDENTS OF BUTTE COUNTY AND CANNOT
BE USED ON AN INTERIM BASIS FOR THE
MARCH 5, 2002, ELECTIONS; AND B) THE
SUPERVISORIAL DISTRICT BOUNDARIES IN
ORDINANCE 3759 SHALL BE USED ON AN INTERIM
BASIS FOR THE MARCH 5, 2002, ELECTIONS WHERE:
1) THE ALTERNATIVE WOULD BE TO USE
UNCONSTITUTIONAL DISTRICTS;
Page 516 November 26, 2001
November 26, 2001
O1-386 CLOSED SESSION
ANNOUNCEMENT: 2) THE USE OF ORDINANCE 3759 WOULD BE
(Cont.) TEMPORARY AND WOULD BE LESS DISRUPTIVE OF
THE POLITICAL PROCESS; 3) OTHER SUPERVISORIAL
DISTRICT PLANS THAT MIGHT BE PRESENTED TO,
AND REJECTED BY THE PLANTIFF, BOARD OF
SUPERVISORS, IN AUGUST 2001; AND 4) THERE IS
INSUFFICIENT TIME FOR THE PLAINTIFF, BOARD OF
SUPERVISORS, TO CONSIDER AND ADOPT ANY OTHER
INTERIM DISTRICT BOUNDARIES BECAUSE
NOMINATION DOCUMENTS ARE PRESENTLY BEING
CIRCULATED BY CANDIDATES FOR THE ELECTION TO
THOSE OFFICES AT THE MARCH 5, 2002,
COUNTYWIDE ELECTIONS. 2) FOR ISSUANCE OF A
PERMANENT INJUNCTION DIRECTED TO THE
DEFENDANT ENJOINING HER FROM IMPLEMENTING OR
USING THE OLD 1991 SUPERVISORIAL DISTRICT
BOUNDARIES SET FORTH IN ARTICLE 4, PART 2, OF
THE BUTTE COUNTY CODE FOR ELECTIONS FOR THE
OFFICE OF SECOND AND THIRD DISTRICT
SUPERVISOR FOR THE MARCH 5, 2002, ELECTIONS,
AND ORDERING DEFENDANT TO IMPLEMENT AND USE
THE SUPERVISORIAL DISTRICT BOUNDARIES
CONTAINED IN ORDINANCE 3759 ON AN INTERIM
BASIS FOR THE MARCH 5, 2002, ELECTIONS FOR
THOSE OFFICES. 3) FOR SUCH OTHER AND FURTHER
RELIEF AS THIS COURT DEEMS JUST AND PROPER.
THE BOARD VOTED TO APPROVE THIS DRAFT AND
MOVE FORWARD ON A VOTE OF 3 TO 2, WITH
SUPERVISORS YAMAGUCHI, BEELER, AND JOSIASSEN
VOTING TO MOVE IT FORWARD, AND SUPERVISORS
HOUX AND DOLAN TO NOT.
THE BOARD CHAIR CALLED A SPECIAL MEETING TO BE HELD MONDAY,
DECEMBER 3, 2001, TO CONSIDER A RESOLUTION AMENDING THE
RESOLUTION SUBMITTING THE REDISTRICTING MATTER TO THE VOTERS,
FOR THE PURPOSE OF CORRECTING THOSE ITEMS ADDRESSED BY THE
COUNTY CLERK-RECORDER UNDER THE PUBLIC COMMENT PORTION OF THE
AGENDA.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD, THE MEETING WAS ADJOURNED AT
12:04 P.M. TO RECONVENE AT A SPECIAL MEETING
OF THE BOARD TO BE HELD MONDAY,
DECEMBER 3, 2001.
CURT JOSIASSEN, CHAIR
ATTEST:
Lawrence Odle, Interim Chief Administrative
Officer and Clerk of the Board of Supervisors
By.
Page 517 November 26, 2001