Bolinas Community Public Utility District
A Special Meeting  Of  The Board  Of  Directors
August 3, 2009     100 Mesa Road, Bolinas
(Firehouse Public Meeting Room)


 
1.  Call to Order.

7:30 p.m.
 
2.  Roll.
 
Directors Amoroso, Kimball, McClellan and Smith present; director Siedman absent.  Director Amoroso presiding.

3.  Approve Language for Advisory Measure on the November 2009 Ballot re: Camping on Bolinas Beach.
 
    The meeting was held at the Firehouse Public Meeting Room, concurrently with a special meeting of the Board of Directors of the Bolinas Fire Protection District (“BFPD”).  BFPD directors Binley, Buchanan, Kilkenny, Kimball and O’Donnell also were present.  BCPUD staff presented an overview of the background of the BCPUD’s effort to place an advisory measure on the November 2009 ballot to poll the community on the issue of whether the existing County ordinance banning camping on Bolinas Beach on the weekends should be extended to a full-time, year round ban.  At its regular meeting in July, the BCPUD Board approved the ballot measure language and further resolved that the measure should be presented to all registered voters in the fire protection district (not only to the voters within the BCPUD).  There are 1043 registered voters in the fire protection district and 897 registered voters in the utility district. BCPUD staff thanked the BFPD directors for agreeing the prior week to hold a special election so that the ballot measure could be presented to all fire protection district voters on the November ballot.  Unfortunately, because the measure will now be sponsored by the fire district, the County Counsel’s office and the Registrar of Voters are unwilling to accept the language as approved by the utility district board.  That language is:

“Shall the Bolinas Community Public Utility District request a County Ordinance which prohibits camping on the Bolinas Beach full time and year round?”

Instead, the County Counsel and Registrar have said that for legal reasons the ballot measure needs to be revised as follows:

“Shall the Bolinas Fire Protection District request the Bolinas Community Public Utility District to request a County Ordinance which prohibits camping on the Bolinas Beach full time and year round?”

There is a concern that the approved language is quite cumbersome and has the potential to be confusing to voters; hence, the two boards are holding concurrent special meetings to discuss this language and decide whether to approve it as the official ballot measure or approve alternative language.  Staff recommended that the two boards consider the following compromise language:

Shall the Bolinas Fire Protection District and the Bolinas Community Public Utility District request a County Ordinance which prohibits camping on the Bolinas Beach full time and year round?
Staff noted, however, that County Counsel has not yet advised the districts as to whether this compromise language is acceptable.  Attempts to reach County Counsel late last week and earlier in the day were not successful.

    Director Amoroso said that if the BCPUD sponsors the measure within its district only, the previously approved language is acceptable and perhaps that it what the district should do.  Bruce Bowser said he feels the vote should be as inclusive as possible.  Director Smith agreed and said that he prefers the compromise ballot measure language recommended by staff.  Discussion ensued, with directors from both districts indicating their approval of the compromise language.  Director Kimball suggested that the boards consider a “fall back” position in the event that County Counsel does not approve the compromise ballot measure language for any reason; she noted the deadline for submittal of ballot measures is August 7, 2009 and there is no time remaining for another board meeting prior to that date.  Director Bobbi specifically suggested that if County Counsel disapproves the language, then the BCPUD should sponsor the measure within the utility district with the ballot measure language previously approved.  Further discussion ensued and there was no objection.

B. Kimball/J. McClellan    all in favor (Siedman absent)    to submit the staff-recommended ballot measure language to the County as a BFPD-sponsored measure to be placed on the November ballot and decided by all registered voters in the fire protection district and, if the submitted measure language is not approved for any reason, then the BCPUD shall submit the previously-approved ballot measure language to be placed on the November ballot and decided by all registered voters in the utility district.

4.  Community Expression.
 
None

5.  Adjourn.

8:05 p.m.