HomeMy WebLinkAboutMINUTES - 09221987 - 1.5 (2) '1O ; BOARD OF SUPERVISORS 1-050
FROM Phil Batchelor, C=tra
County Administrator
Costa
DATE: September 10, 1987 Co^
SUBJECT: BOARD REQUEST RELATING TO USE OF MONIES
IN PARKS ADMINISTRATION BUDGET
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Accept this report on Parks Administration relating to the legal uses of
the monies in that budget unit.
BACKGROUND:
During the budget hearings, it was requested that the CAO provide the Board
of Supervisors with more information about Parks Administration relating to
the legal uses of monies in that budget unit. During the discussion of
this budget unit, questions were raised concerning whether the fees
accumulated for the administration and development of an off-road vehicle
park can be used by the . County for 1) facilities other than off-road
vehicle parks, 2) the purchase of equipment and 3) the purchase of land..
What follows summarizes how the legal uses of the monies in that budget
unit may be expended.
According to County Counsel, Vehicle Code section 38240 (b) indicates that
off-highway vehicle registration fees are required to be used for purposes
related to off-highway vehicles. The County can use such fees for
facilities other than off-road vehicle parks, but, whatever facility the
County uses the fees for, must be a facility designated for . use by
off-highway vehicles (e.g. , a trail or hill-climbing area available for use
by off-highway vehicles) .
While Vehicle Code section 38240(b) ( 1) does not mention equipment, it does
mention "other facilities for the use of off-highway motor vehicles. "
Provided that the equipment proposed to be purchased relates to the use of
off-highway motor vehicles, the fees could be used to purchase such
equipment. Under Vehicle Code section 38240(b) ( 2) and ( 3 ) , equipment could
also be purchased, provided that the equipment relates to controlling the
operation of motor vehicles in off-highway areas where the operation of
motor vehicles is restricted or prohibited, or otherwise relates to
carrying out the provisions of Division 16. 5 of the Vehicle Code
(Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971) .
Vehicle Code section 38240(b) (1) expressly authorizes the use of
off-highway motor vehicle registration fees for acquiring trails, areas or
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(SI: v
ACTION OF BOARD ON e1� ems'e r 22 , -APPROVED AS RECOMMENDED ^ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY- THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Administrator' s office SEP 2 2 19_8.7 _
cc: Auditor-Controller ATTESTED
Community Development PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
xv
M382/7-83 BY . - _,DEPUTY
other facilities for the use of off-highway motor vehicles. According to
County Counsel, fees received by the County can be used to purchase land,
provided that the land purchased is designated for use by off-highway motor
vehicles. This authority is probably broad enough to include the purchase
of land capable of multiple uses, one of which is use by off-road motor
vehicles.