To: Board of Supervisors
From: Planning and Building Services and County Counsel
Meeting Date: September 26, 2023
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Department Contact: |
Adrienne Thompson |
Phone: |
707-234-6650 |
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Department Contact: |
Matthew Kiedrowski |
Phone: |
707-234-6885 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Adoption of Resolution Approving an Agreement with Civitas Advisors, Inc. for Services to Establish a New Tourism Marketing District Pursuant to the Property and Business Improvement District Law of 1994 and Authorizing the Examination of Sales and Transactions and Use Tax Records Related Thereto
End
Recommended Action/Motion:
recommendation
Adopt the Resolution approving the agreement with Civitas Advisors, Inc. for services to establish a new Tourism Marketing District pursuant to the Property and Business Improvement District law of 1994 and authorize the examination of sales and transaction and use tax records related thereto; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
On December 13, 2022, the Board received a presentation by Civitas Advisors regarding the benefits of converting the Business Improvement District to the 1994 District Law. On June 6, 2023, the Board discussed the conversion of the Business Improvement District during the County budget hearing. On September 12, 2023, the Board approved the annual service agreement with Mendocino County Tourism Commission related to the Business Improvement District transition.
Summary of Request:
In an effort to gain financial stability, Mendocino County Tourism Commission (Visit Mendocino) began discussions with Civitas Advisors on the transition from the 1989 Streets and Highway Code the Property and Business Improvement Law of 1994. Several benefits to changing the BID Law include the ability to tax lodging at a greater rate as well as including “tourism facing businesses”. The transition of the BID will also change the annual report to a five year plan which is managed and circulated by a new Management District board that will be created. During the discussions with Visit Mendocino regarding this change from one BID to another, it was noted that several County Departments would need to be involved and/or release confidential data. County staff determined it would be more appropriate for a three party agreement to cover this transition process, including the County, and in which Visit Mendocino would be responsible for all payments to Civitas.
The resolution also authorizes Civitas to review sales tax data as part of its work. Revenue and Taxation Code Section 7056 provides specific parameters under which a County contractor may obtain and analyze sales tax data, including that the contractor must only disclose information to a specified County officer or employee. The proposed agreement contains numerous confidentiality provisions related to the sales tax data, as well as County transient occupancy tax data.
Alternative Action/Motion:
Do not adopt the resolution approving the agreement with Civitas and provide direction to staff.
Does This Item Support the General Plan? Yes
Strategic Plan Priority Designation: A Thriving Economy
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: www.visitmendocino.com <http://www.visitmendocino.com>
Fiscal Details:
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source of funding: VMC |
budgeted in current f/y: N/A |
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current f/y cost: N/A |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: N/A |
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budget clarification: Third party agreement with costs incurred by Visit Mendocino. |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Steve Dunnicliff, Deputy CEO |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Adopted |
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Date: September 26, 2023 |
Executed Item Type: Resolution Number: 23-160 Executed Item Type: Agreement Number: 23-171 |
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