Van De Kamp, 012484 CAAGO, AGO 83-101

Docket Nº:AGO 83-101
Case Date:January 24, 1984
JOHN K. VAN DE KAMP Attorney General
ANTHONY S. DA VIGO Deputy Attorney General
AGO 83-101
No. 83-101
California Attorney General Opinion
Office of the Attorney General State of California
January 24, 1984
         THE HONORABLE CAMERON L. REEVES, COUNTY COUNSEL, COUNTY OF LAKE, has requested an opinion on the following question:          May a county expend federal revenue sharing funds to enlarge a building owned by a private corporation used primarily for community senior citizens activities?          CONCLUSION          A county may not, under the terms of the proposed agreement, expend federal revenue sharing funds to enlarge a building owned by a private' corporation used primarily for community senior citizens activities.          ANALYSIS          A nonprofit civic club which operates a community enter proposes to enter into an agreement with the county in which it is situated, according to the terms of which the county would provide to the club from federal revenue sharing funds the amount of $22,000 for costs associated with the construction of an addition to the center and for other related expenditures as follows:
         "Funds provided to GRANTEE under this Agreement shall be expended for 'any of the following improvements to GRANTEE S Community Center facility:          "A. Purchase of material and/or labor for constructing an addition to GRANTEE'S aforementioned facility. The approximate size of the building addition shall be 12' x 46' as shown on the diagram attached to this Agreement.          "B. Paneling, sheetrock and other material needed for installation of same in GRANTEE'S facility.          "C. Material for repair of the facility's floors.          "D. Upgrading of electrical wiring and plumbing in the facility.          "E. Purchase of window shades for the facility.          "F. Remodeling of facility's kitchen, including purchase of refrigerator and freezer.          "G. Architectural services necessary for construction of building addition described in "A" above.          "It is understood that GRANTEE'S facility, including the addition, will be used primarily as a Senior Citizen Center for preparation and serving of meals, fundraising and other Senior Citizen activities which are of public benefit. Expansion of the facility's current dining area and accomplishment of the improvements listed above are necessary in order for GRANTEE to be able to accommodate and properly serve those requesting to attend Senior Citizen functions."
         The grant fixed no duration for the period in which the senior citizens services were to be performed, provided no county control over such program and provided for no specific enforcement measures upon breach by the grantee.          In addition to the primary use of the facility as a senior citizens center, it is rented out to other social and civic clubs and organizations, and to private persons or groups for such events as weddings, birthday celebrations, dances, and for political activities. However, except for its primary use as a senior citizens center, the contract contains no restrictions respecting the use of the premises. Further, except for the reference to the preparation and serving of meals...

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