HomeMy WebLinkAboutMINUTES - 01151985 - X.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA
Adopted this Order on January 15, 1985 , by the following vote:
AYES: Supervisors Powers , Schroder , McPeak, Torlakson, Fanden
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: County Membership in Contra
Costa District Fair
Supervisor Sunne W . McPeak advised that she had received a
memorandum from Phil Batchelor , County Administrator , transmitting a
report from County Counsel relative to County membership in the
Contra Costa District Fair .
IT IS BY THE BOARD ORDERED that the aforesaid report
(attached hereto and by reference incorporated herein) - is REFERRED
to the Finance Committee (Supervisors McPeak and Schroder) for report
back to the Board .
cc: Finance Committee
County Administrator
hereby certify that this is a true and correct copyae
an action taken and entered on the minutes of the
Board of Supervis rs on the date shown.
ATTESTED: f�
PHIL BA HELOR, CI k of the Board
of Supervisors and County Administrator
BY , Deputy
RECEIVED
OFFICE OF COUNTY ADMINISTRATOR DEC 1 9 j ;;.
CONTRA COSTA COUNTY A90--___--
Administration Building
Martinez., California
To: Supervisor Sunne W. McPeak Date; December 17, 1984
District IV
Phil Batchelor County Membership in Contra
From: Subject: Costa District Fair
County Administrator
Attached is a December 13 memo from County Counsel indicating that the
County may become a member of the Contra Costa District Fair, but noting
some restrictions on the source of funds which may be used to support
such membership, if funds are required. It appears the only viable
source of such funds would be the transient occupancy (hotel room) tax.
You will recall that you raised this issue at the Board meeting on
October 23 when a quorum of the Board was no longer present. I am,
therefore, interpreting your request as a personal one rather than a
Board referral , although I am sharing a copy of County Counsel 's memo
with the other Board members.
If you wish, we can list this on the Board agenda for referral to our
office and the 1985 Finance Committee, or you can bring it up as a
personal item if you wish to pursue the matter further.
The related request you made for information regarding membership in the
Contra Costa Development Association is still under study by County Counsel ,
who has requested additional information from Paul Hughey.
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Attachment
cc: Supervisors Tom Torlakson, Tom Powers,
Nancy Fanden, Robert Schroder
Vic Westman, County Counsel
COUNTY COUNSEL'S OFFICE !'ontrU
CONTRA COSTA COUNTY COSt�i COunt�-
MARTINEZ, CALIFORNIA '�`_��`•=f l/:0
Date: Debember 13 , 1984 DEC
� �� 1984
Coon.County Administrator C .
To: Phil Batchelor, dnt;r'iy`1`��-J1
Attn: C. L. Van Marter, Assistant
From: Victor J. Westman, County Counsel PD
By: Silvano B. Marchesi, Deputy County Counsel
,2L)m
Re: County Membership in Contra Costa District Fair
This responds to your request of 25 October 1984 on behalf
of Supervisor McPeak, regarding the legality of the County' s
becoming a member of the Contra Costa District Fair.
SUMMARY: In our opinion, the County legally may expend
funds to become a member of the Contra Costa District Fair. Such
expenditures must be derived from an "Advertising Fund" created
by collection of the transient occupancy tax (Co. Ord.C. Chap. 64-4)
or from a special 4¢ tax (Govt.C. §§25904 , 26100 et seq. )
DISCUSSION: The Contra Costa District Fair is operated
by the 23rd District Agricultural Association (Agricultural Code
§3874) , which is a state institution (Agric.C. §3953) created for
the purpose of holding fairs , exhibitions and expositions , and
constructing, maintaining and operating recreational and cultural
facilities of general public interest (Agric.C. §3941) . An
appropriation from the County to such an association, if authorized
by statute, would not constitute a gift of public funds. (People
v. San Joaquin etc . Assoc. . [1907] 151 Cal. 79.7 , 801-02 , 91 Pac.
740)
Section 25900 of the Government Code expressly authorizes
the Board of Supervisors to join fair associations:
"The Board of Supervisors may join and
participate in the affairs of associations having
for their purpose the interchange of information
relating to livestock, poultry, and other
agricultural animals and products, the conduct
and management of agricultural fairs, and similar
associations dealing with subjects related to
agricultural fairs, and may expend for these
purposes any money allocated to the county by\
the State for agricultural fair purposes. "
Phil Batchelor, County Administrator December 13 , 1984
• Attn: C. L. Van Marter
i
A fair association is not a district agricultural association.
The former is a private, unincorporated organization. (29 Ops.Cal.
Atty.Gen. 107, 112 [19571 ) Nevertheless, although Govt.C. §25900
does not expressly refer to district agricultural associations, we
believe that its provisions may be construed to apply also to
them. The section does authorize the Board of Supervisors to join
"similar associations dealing with subjects related to agricultural
fairs. " We conclude that this phrase is broad enough to include
within its meaning district agricultural associations such as the
Contra Costa District Fair.
We note that the last clause of §25900 permits the County
to expend money allocated to it by the State for agricultural
fair purposes. ' We do not construe this clause to limit the
source of money which may be expended by the County for these
purposes. We understand from the County Auditor (Jim Weber) that
the County does not receive any money from the State on behalf of the
23rd District Agricultural Association.
With respect to the funds to be appropriated by the County
for membership in the 23rd District Agricultural Association, we
believe such funds may come from two sources . First, in accordance
with Govt.C. §25904 , the Board may levy a special tax, not to
exceed 4 cents on each $100 of taxable property. That section
provides that the funds thus created may be used for the purpose
of, among other things, making contributions to the support of a
local fair maintained by a public agency.
Second, the Board may use the Advertising Fund authorized by
Govt.C. §26100 et seq. This fund may be created by proceeds of a
similar special 4 cent tax or from the proceeds of the County ' s
transient occupancy tax (Co.Ord.C. Chap. 64-4) . We have found
no express authority permitting the County to use other general fund
money for this type of expenditure.
Of course, neither 40 special tax is currently a viable
source of revenue, because Article XIII A of the California
Constitution ( "Proposition 13" ) limits all ad valorem taxes on
real property to one percent of the property ' s full cash value.
(Art. XIII A, §1)
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