Community Public Utility District
A Special Meeting Of The Board
August 3, 2009 100 Mesa Road, Bolinas (Firehouse Public
1. Call to Order.
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.