OFFICE OF THE
COUNTY COUNSEL
COUNTY OF SONOMA

August 10, 1990

Mr. Alfred A. Alys
20 Petaluma Boulevard South
Petaluma, CA 94952
  Mr. Bob Anderson
731 South Fitch Mountain Road
Healdsburg, CA 95448
Mr. Charles Cooke
3060 Lovall Valley Road
Sonoma, CA 95476
  Ms. Heidi Gillen
999 Yule Tree
Sebastopol, CA95472
Ms. Christine Gouig
118 Alderbrook Drive
Santa Rosa, CA 95405
   

Re: Interpretation of Expenditure Plan

Dear Board Members:

During your meeting yesterday, Chris Gouig raised a question about whether the Expenditure Plan limited fee interest acquisitions to public parks, thus impliedly prohibiting fee acquisitions for other purposes.

After again reviewing the language of the Plan, it is my view that the sales tax revenue of the Authority could be used for fee acquisitions other than public parks, so long as the acquisition promoted the agricultural and open space preservation of lands in the categories described in the Plan. For instance, a fee purchase and agricultural leaseback could be accomplished under the Plan's existing language, rather than an acquisition of development rights.

Should the sales tax measure pass on November 6, then greater clarification of this matter could be made in the required contract between your Board and the Board of Supervisors.

Very truly yours,
James P. Botz
JAMES P. BOTZ
County Counsel

JPB:dlb
cc: Members of the Board of Supervisors
Planning Department
Regional Parks Department


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