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HomeMy WebLinkAbout17 - Creation of Ad Hoc Committee on Resort Tax Policies�EWPpRT o� Newport Beach City Council z AGENDA ITEM 17 ° g February 22, 1999 Council Meeting CLI FOF� TO: MAYOR AND CITY COUNCIL FROM: DAVE KIFF, ASSISTANT TO THE CITY MANAGER SUBJECT: CREATION OF AD HOC COMMITTEE ON RESORT TAX POLICIES RECOMMENDED ACTION: (1) Approve Resolution 99-- creating the Ad Hoc Committee on Resort Tax Policies; (2) Direct the Committee to complete its work within 120 days; and (3) Appoint council members and to the Committee; BACKGROUND: In recent weeks, Council members have inquired about the manner in which the City levies its Uniform Transient Occupancy Tax or "TOT." Council Members have raised the following questions: • Can the City collect TOT on `timeshare" or privately -owned resort units? If not, can the City determine another way to collect non - property tax revenue on these types of resort uses? • What percentage of timeshare units is typically placed in a nightly rental pool and therefore subject to TOT? How can the City maximize TOT revenue from these nightly rental pool uses? • Is the City's 30 -day "maximum stay" definition of a transient (subject to transient taxation) appropriate? Can or should the 30 -day definition be extended to 45 days or another period? • Is area hotel operators' use of extended stay agreements and/or "qualifying rental agreements" consistent across the City? • Can or should the City collect TOT on the first 30 days of occupancy where a person has entered into a qualifying rental agreement? • What is the anticipated and/or historical percentage of tenants exempted from TOT in extended stay hotels or residential rental locations? • How can the City best administer and review recreational vehicle space rentals, weekly or monthly oceanfront residential unit rentals, and other non -hotel rentals subject to TOT collections? Newport Beach City Council Agenda Item _ Pape 2 To further examine these and other questions, council members asked City staff to establish an ad hoc committee consisting of three Council Members (voting members) and an ex officio representative from the Newport Beach Conference and Visitors Bureau (NBCVB). This agenda item directs the formation of this ad hoc committee on Resort Tax Policies with the following tasks: 1 — Review California law and case law relating to cities' ability to levy TOT on privately -owned resort units or timeshares; and 2 — Review the City's procedures and ordinances regarding TOT as it applies to resort uses, including timeshares and extended stay hotels; and 3 — Examine the TOT - related impacts of current and anticipated land uses that may be subject to TOT; and 4 — Report back to the City Council on potential changes to the City's ordinances and /or suggested changes to State law regarding TOT, timeshare uses, and extended stay hotels. City staff recommends that the Committee complete these tasks within 120 days of the Committee's formation. As proposed in the resolution, the City Manager will determine staffing for the committee and will direct City staff to provide appropriate assistance to the Committee. ATTACHMENT: Attachment A — Resolution 99 -- Ad Hoc Committee on Resort Tax Policies Agenda Item _ Page 3 RESOLUTION 99- A RESOLUTION OF THE CITY OF NEWPORT BEACH ESTABLISHING THE AD HOC COMMITTEE ON RESORT TAX POLICIES WHEREAS, the City of Newport Beach levies a 10% Transient Occupancy Tax ( "TOT ") on the room rental rate paid by visitors or transients to the community; and WHEREAS, TOT generates approximately $7.6 million for the City each year, making it the City General Fund's third largest revenue source; and WHEREAS, the City seeks to maximize the amount of revenue collected through TOT in order to continue providing high quality municipal services to both visitors and residents; and WHEREAS, the City has recently seen a renewed interest in the placement of privately -owned or "timeshare" resort developments and "extended stay" hotels in the region; and WHEREAS, California Revenue and Taxation Code §7280 and Chapters 3.16 and 20.84 of the Newport Beach Municipal Code are relevant to the City's collection of TOT; and WHEREAS, these State laws and City ordinances on TOT may limit the City's ability to appropriately recover the service costs associated with timeshare ownerships and/or extended stay hotels; and WHEREAS, the City Council believes that the increasing number and variety of visitor - serving facilities warrants a review of current City ordinances regarding the collection of TOT and recommendations regarding any appropriate changes to the Newport Beach Municipal Code; NOW, THEREFORE BE IT RESOLVED, that the Newport Beach City Council does hereby form the Ad Hoc Committee on Resort Tax Policies. The Committee shall review State law and the City's current ordinances relating to TOT administration and collection on resort uses, including timeshares and extended stay hotels. After completing this review, the Committee shall return to the full City Council with recommendations for ordinance amendments as the Committee deems appropriate. The Ad Hoc Committee on Resort Tax Policies shall consist of three members of the City Council Agenda Item _ Paae 4 serving as voting members and a representative of the Newport Beach Conference and Visitors Bureau (NBCVB) as an ex officio member. The City Manager shall determine and assign appropriate staff support for the Committee. ADOPTED this 22nd day of February, 1999. MAYOR ATTEST: CITY CLERK