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Home My WebLink AboutCDN 2017-04-10 Item 2B - Discussion - Lodging Tax Advisory Committee LegislationCity of Tukwila Allan Ekberg, Mayor TO: Community Development and Neighborhoods Committee FROM: Laurel Humphrey, Council Analyst CC: Mayor Ekberg DATE: April 4, 2017 SUBJECT: Lodging Tax Advisory Committee Legislation ISSUE Staff is seeking to codify provisions relating to the Lodging Tax Advisory Committee. The City Council has asked for greater understanding of the differences between the existing resolution defining LTAC and the proposed ordinance that would move LTAC to the Municipal Code. DISCUSSION The City's Lodging Tax Advisory Committee was first established in 1997 by Resolution 1381. Resolution 1533 in 2003 expanded its membership from seven to nine. Staff is seeking to repeal these resolutions and instead place the Lodging Tax Advisory Committee in the Municipal Code alongside the City's other advisory boards, commissions and committees. The draft ordinance proposes to place the LTAC provisions in TIVIC Chapter 2.35 and remove the Economic Development Advisory Board provisions that currently exist there. The Economic Development Advisory Board has not been active since 1999. Differences between the existing and proposed LTAC legislation are summarized as follows: Purpose The proposed Code language explains the purpose of LTAC in greater detail and in accordance with RCW 67.28.1817. LTAC serves in an advisory capacity and submits recommendations regarding the lodging tax, including changes, repeals, exemptions, use of revenues, or changes in use of revenues. State law requires the City to provide information on any of these things to LTAC at least 45 days before the City Council is expected to act. Membership As required by RCW 67.28.1817, LTAC will still consist of nine members including one elected official serving as Chair, four representatives of businesses required to collect lodging tax, and four representatives involved in activities to be funded by lodging tax revenue. The proposed ordinance specifies that it will be a Councilmember serving as Chair, not just an elected official which could include the Mayor under the existing resolution. Appointment Process State law requires the City Council to make all appointments to LTAC and to review the membership annually. The proposed code outlines the City's current practice for LTAC appointments in greater detail than the existing resolution. Up until 2016, the Mayor had been making recommendations to the City Council for appointments on LTAC, which was consistent with the appointment process for other City Boards and Commissions. Last year the City's process was changed to remove the Mayor's role. This ordinance clarifies that the Councilmember serving as LTAC Chair recommends appointments to the rest of the Council for confirmation. W% INFORMATIONAL MEMO Page 2 Reporting Requirements The proposed code requires that LTAC submit an annual report to Council that summarize its activities for the year. Other provisions The existing LTAC resolution is silent on other provisions such as terms, resignations, vacancies, removal, service of Council President or designee, meetings, and City staff support, although it does state that LTAC itself may establish administrative procedures for the conduct of meetings, voting, and comments. The proposed ordinance would establish these details in the Code and provide standardization with other City boards and committees. RECOMMENDATION Staff is seeking Committee review of the draft ordinance and resolution with a recommendation for approval to the Committee of the Whole. ATTACHMENTS • Draft ordinance to enact TIVIC Chapter 2.35, Lodging Tax Advisory Committee • Draft resolution to repeal Resolutions 1533 and 1381 • Resolution 1381 • Resolution 1533 20 M MMV "t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1690, THEREBY ELIMINATING THE ECONOMIC DEVELOPMENT ADVISORY BOARD; ESTABLISHING ORGANIZATIONAL STRUCTURE AND PROCEDURES FOR THE LODGING TAX ADVISORY COMMITTEE, TO BE CODIFIED AT CHAPTER 2.35 OF THE TUKWILA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Municipal Research and Services Center has published a report outlining the components of best practices for Advisory Boards, Commissions and Committees; and WHEREAS, the City of Tukwila wants to update the Tukwila Municipal Code to incorporate these best practices as guidelines for our Advisory Boards, Commissions and Committees; and WHEREAS, the Lodging Tax Advisory Committee was established via Resolution No. 1381 in 1997; and WHEREAS, the City desires to reenact the organizational structure and procedures of the Lodging Tax Advisory Committee by ordinance, to be codified in Title 2 of the Tukwila Municipal Code for standardization with other City of Tukwila Advisory Boards, Commissions and Committees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 1690 is hereby repealed in its entirety, thereby eliminating the Tukwila Municipal Code Chapter entitled, "Economic Development Advisory Board." W: Word Processing\Ordinances\Lodging Tax Advisory Cmte-TMC 2.35 2-14-17 CT:bjs Page 1 of 5 21 Section 2. TMC Chapter 2.35 Reenacted. Tukwila Municipal Code (TMC) Chapter 2.35 is hereby reenacted as the Lodging Tax Advisory Committee to read as follows: CHAPTER 2.35 LODGING TAX ADVISORY COMMITTEE Sections: 2.35.010 Establishment of Committee — Purpose 2.35.020 Membership 2.35.030 Committee Organization 2.35.040 Meetings 2.35.050 Reporting Requirements and Annual Review Section 3. TMC Section 2.35.010 is hereby reenacted to read as follows: 2.35.010 Establishment of Committee — Purpose Pursuant to RCW 67.28 the Tukwila Lodging Tax Advisory Committee is established to serve in an advisory capacity to the Mayor and the City Council, and shall submit to the Mayor and City Council any recommendations regarding: 1. any change or increase to the lodging tax; 2. the repeal or exemption from the tax; 3. the use of the revenue received from that tax; or 4. any change in the use of revenue received from that tax. Section 4. TMC Section 2.35.020 is hereby reenacted to read as follows: 2.35.020 Membership A. Qualifications. Members must have a connection to a business or activity in the City of Tukwila that either collects the lodging tax or is authorized to be funded by revenue received from the tax. B. Number of Members. The Committee shall be comprised of nine members that meet the requirements of TMC Section 2.35.020.A, and shall include: 1. One elected official of the City who shall serve as the Committee Chair; 2. Four representatives of businesses required to collect the lodging tax pursuant to RCW 67.28; and 3. Four representatives involved in activities authorized to be funded by revenue received from the tax pursuant to RCW 67.28. W: Word Processing\0rdinanceslodging Tax Advisory Cmte-TMC 2.35 2-14-17 CT:bjs Page 2 of 5 22 C. Appointment Process. Interested parties that meet the requirements stated in TMC Section 2.35.020, subparagraphs A and B, shall submit a completed Boards and Commissions Application to the Mayor's Office. The Mayor's Office will forward the application to the Committee's staff liaison. The Chair of the Lodging Tax Advisory Committee recommends appointments to the Committee and all appointments are confirmed by the City Council. D. Term of Appointment. The City Council shall review and appoint members on an annual basis. E. Resignations. If a Committee member is unable to complete their term of service, a letter of resignation shall be sent to the Chair of the Committee indicating the effective date of the resignation. F Vacancies. Any appointment to a position vacated other than by the expiration of the term of the appointment shall be to fill only the unexpired portion of said term. G. Revocation of Appointment. A Committee member may be removed from the position if absent without being excused for three regular meetings in a calendar year or if they no longer meet the membership qualifications as stated in TMC Section 2.35.020, subparagraphs A and B. Section 5. TMC Section 2.35.030 is hereby reenacted to read as follows: 2.35.030 Committee Organization The City Council President or designated Councilmember shall serve as the elected official on the Lodging Tax Advisory Committee and shall be the Committee Chair. It shall be the duty of the Chair to preside at all meetings. In the event the Chair is unavailable, the City Council shall designate an elected official to serve as a Chair Pro Tem. Section 6. TMC Section 2.35.040 is hereby reenacted to read as follows: 2.35.040 Meetings A. Conduct. The Committee shall hold at least one regular meeting per quarter. Committee meetings shall be conducted in public session and noticed in accordance with the Open Public Meetings Act (OPMA). B. By-Laws. The Committee shall adopt bylaws to provide guidelines for the conduct of business. C. Quorum. A majority of the seated members of the Committee shall constitute a quorum for the transaction of business. W: Word Processing\Ordinances\Lodging Tax Advisory Cmte-TMC 2.35 2-14-17 CT:bjs Page 3 of 5 23 D. Staff Assistance. The City shall provide assigned staff to support the Committee. The primary role of staff is to represent the City and facilitate communication between the Committee, City Administration, the City Council and other City departments. Staff responsibilities include: 1. Ensuring that meeting notifications and recordkeeping are consistent with applicable state laws; 2. Ensuring compliance with applicable laws, such as the Open Public Meetings Act (OPMA) and Public Records Act (PRA); 3. Providing professional guidance, issue analysis and recommendations; 4. Assisting with research, report preparation and correspondence; and 5. Compiling agendas, maintaining minutes, forwarding recommendations and/or implementing actions. Section 7. TIVIC Section 2.35.050 is hereby reenacted to read as follows: 2.35.050 Reporting Requirements and Annual Review A. Reporting Requirements. The Committee shall keep the City of Tukwila apprised of its activities and recommendations by submitting an annual report by December 31 each year summarizing the activities for the year. B. Annual Review. Pursuant to RCW 67.28 the City Council shall review the Lodging Tax Advisory Committee on an annual basis. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processing\0rdinanceslodging Tax Advisory Cmte-TMC 2.35 2-14-17 CT:bjs Page 4 of 5 24 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12017. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Lodging Tax Advisory Cmte-TMC 2.35 2-14-17 CT:bjs Page 5 of 5 25 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NOS. 1533 AND 1381 RELATING TO THE LODGING TAX ADVISORY COMMITTEE, WHOSE STRUCTURE AND PROCEDURES ARE TO BE REENACTED VIA CITY ORDINANCE. WHEREAS, the Municipal Research and Services Center has published a report outlining the components of best practices for Advisory Boards, Commissions and Committees; and WHEREAS, the City of Tukwila wants to update the Tukwila Municipal Code to incorporate these best practices as guidelines for our Advisory Boards, Commissions and Committees; and WHEREAS, the Lodging Tax Advisory Committee was established via Resolution No. 1381 in 1997; and WHEREAS, the City desires to reenact the organizational structure and procedures of the Lodging Tax Advisory Committee by ordinance, to be codified in Title 2 of the Tukwila Municipal Code for standardization with other City of Tukwila Advisory Boards, Commissions and Committees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Resolution Nos. 1533 and 1381 are hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12017. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk 0 LIF5111111-0 Rachel B. Turpin, City Attorney Dennis Robertson, Council President Filed with the City Clerk:_ Passed by the City Council: Resolution Number: W:\Word Processing\Resolutions\Lodging Tax Advisory Cmte repeal 1-11-17 :bjs Page 1 of 1 27 W. ILA, tygsy at :O WW . $ •0, ; 1908 ~ City of Tukwila Washington Resolution No. 130,71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A LODGING TAX ADVISORY COMMITTEE. WHEREAS, the State Legislature has passed SSB 5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals some previous lodging tax authority but also adds new lodging tax authority; and WHEREAS, SSB 5867 requires that, in cities with a population over 5,000, any new imposition of a lodging tax enacted under Chapter 67.28 RCW be first submitted for consideration to a lodging tax advisory committee not less than 45 days in advance of final action on the lodging tax by the City; and WHEREAS, SSB 5867 was effective on July 27, 1997; and WHEREAS, to authorize the imposition of a lodging tax it is deemed to be in the best interests of the City that a lodging tax advisory committee be created and that a proposal be submitted to this committee regarding implementation of the lodging tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section 1. There is hereby created a City of Tukwila Lodging Tax Advisory Committee, to serve the functions prescribed in SSB 5867, which was enacted as Chapter 452, Laws of 1997. Section 2. The membership of the Lodging Tax Advisory Committee shall be appointed by the City Council, and shall consist of the following seven members: one member shall be an elected official of the city who shall serve as chair, three members shall be representatives of businesses required to collect the tax, and three members shall be persons involved in activities authorized to be funded by revenue received from the tax. The City Council will review the membership on an annual basis and make changes as appropriate. Vacancies on the committee shall be filled by the City Council. Section 3. The City Council shall submit to the Lodging Tax Advisory Committee, for its review and comment, proposals on: A. The imposition of a tax under SSB 5867; B. Any increase in the rate of such a tax; C. Repeal of an exemption from such a tax; or D. A change in the use of the revenue received from such a tax. The City Council shall submit such a proposal to the Committee at least 45 days before taking final action on any such proposal. Comments by the Committee should include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long -range stability of the special fund created for the lodging tax revenues. Section 4. The Committee may establish administrative procedures for the conduct of meetings, voting, review, analysis, and preparation of comments. Each member of the Committee, including the Chair, shall be entitled to one vote on Committee joint comments and recommendations to the Council. Individual dissenting or concurring comments may also be forwarded to the Council. Section 5. This resolution shall take effect immediately upon passage. PASSED BY THE CITY COUNCIL OFT CIKWILA, WASHINGTON, at a regular meeting thereof this c32 N day of 199y. Hagger ouncil President ATTEST /AUTHENTICATED: 4Jet. Cantu, City Clerk APPROVED AS TO FORM: OFFI E 711 CITY ATTORNEY Filed with the City Clerk: Q- le- 9 7 Passed by the City Council: 9- .2 -9 Resolution Number: / S 30 0 1 "P �t 1908 YYY City of Tukwila Washington tr Resolution No. . 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE MEMBERSHIP OF THE LODGING TAX ADVISORY COMMITTEE FROM SEVEN TO NINE MEMBERS AND AMENDING RESOLUTION NO 1381. WHEREAS, Resolution No 1381, passed by the City Council on September 22, 1997, authorized the City to create a Lodging Tax Advisory Committee with seven members, and WHEREAS, the City deems that an increase to a nine member committee is in the best interest of promoting the tourism function, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS. Section 1. The membership of the Lodging Tax Advisory Committee shall be appointed by the City Council, and shall consist of the following nine members. one member shall be an elected official of the City who shall serve as chair; four members shall be representatives of businesses required to collect the tax, and four members shall be persons involved in activities authorized to be funded by revenue received from the tax. The City Council will review the membership on an annual basis and make changes as appropriate. Vacancies on the committee shall be filled by the City Council. Section 2. This resolution shall take effect immediately upon passage. PASSED BY THE CITY COUNCILDF THE C F UKWILA, WASHINGTON, at a Regular Meeting thereof this o16 G day of 2003 ATTEST/ AUTHENTICATED- g j 0i E Cantu, CMC, City Clerk APPROVED AS-TO—FOR BY LODGING TIX AL) VISORYCOMMITTEE.MC Pam Carter, Council President Filed with the City Clerk. A,5-17-e3 Passed by the City Councit/6-AO-A3 Resolution Number- Z 31