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File #: 19-1083    Version: 1 Name:
Type: Ordinance Status: Consent Agenda
File created: 11/12/2019 In control: Treasurer-Tax Collector
On agenda: 11/19/2019 Final action:
Title: Adoption of Ordinance Amending Chapter 5.20 of the Mendocino County Code for Collection of Transient Occupancy Tax on Short-Term Visitor Accommodation in Private Campgrounds (Sponsors: Treasurer-Tax Collector & County Counsel)
Sponsors: County Counsel
Attachments: 1. Ordinance 4442, 2. Ordinance - Redline, 3. Ordinance - Clean, 4. Ordinance - Summary, 5. Affidavit of Publication, 6. Affidavit of Publication - Adoption

                       

To:  Board of Supervisors

FromTreasurer-Tax Collector and County Counsel

Meeting DateNovember 19, 2019

 

Department Contact:  

Shari Schapmire

Phone: 

234-6875

Department Contact:  

Christian Curtis

Phone: 

234-6885

 

Item Type:   Consent Agenda

 

Time Allocated for Item: N/A

 

 

Agenda Title:

title

Adoption of Ordinance Amending Chapter 5.20 of the Mendocino County Code for Collection of Transient Occupancy Tax on Short-Term Visitor Accommodation in Private Campgrounds

(Sponsors: Treasurer-Tax Collector & County Counsel)

End

 

Recommended Action/Motion:

recommendation

Adopt Ordinance amending Chapter 5.20 of the Mendocino County Code for the collection of transient occupancy tax on short-term visitor accommodations in private campgrounds; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

On November 5, 2019, the Board of Supervisors directed County Counsel to prepare an ordinance extending the transient occupancy tax to private campgrounds within the unincorporated area of Mendocino County.  The Board further directed that the ordinance impose a general tax but that County Counsel prepare and advisory measure asking the voters whether the tax revenues should be distributed to the fire agencies within Mendocino County. On November 12, 2019, the Board of Supervisors introduced and waived first reading of Ordinance.                     

 

Summary of Request

The proposed ordinance would amend Mendocino County Code Chapter 5.20 to change “hotel” to “lodging establishment” under definitions and add private campgrounds, recreational vehicle parks, and tent sites, including “glamping” style accommodations to the definition of “lodging establishment”, thus allowing the collection of a transient occupancy tax (“TOT”).  Currently, Chapter 5.20 applies only to hotels, and visitors to other forms of short-term accommodations are not taxed.

 

Pursuant to Revenue and Tax Code section 7280, this ordinance does not include a campsite in a state park system or any facility operated by a local governmental entity.

 

Expanding the collection of TOT to include private campgrounds and recreational vehicle parks requires voter approval in a county-wide election. Next year’s general election on March 3, 2020, provides an opportunity for a Measure to be placed on the ballot which, if approved, would authorize the collection of TOT from private campgrounds and recreational vehicle parks.

 

Pursuant to Board direction, the ordinance will impose a general tax, and therefore the tax revenues will not be legally restricted to any particular purpose.  The Board, however, directed County Counsel to also prepare an advisory measure asking the voters whether the revenue generated by this ordinance should be disbursed at a ratio of 75% to the fire agencies within Mendocino County and 25% at the discretion of the Fire Chief’s Association.  Should the Board approve the ordinance as presented, County Counsel will bring forward a resolution directing that the advisory measure be placed on the ballot.  That resolution will come forward as a companion item to final adoption of the proposed ordinance.

 

Alternative Action/Motion:

Do not adopt Ordinance; return to staff for direction.                      

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: No

current f/y cost: N/A

if no, please describe: Unknown at this time

annual recurring cost: N/A

revenue agreement: N/A

 

budget clarification: To Be Determined

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Executive Office

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Lindsey Dunham, Deputy Clerk I

Final Status:Adopted

Date: November 21, 2019

Executed Item Number: Ordinance   Number: 4442