HomeMy WebLinkAboutCOW 2017-04-24 Item 4D - Ordinance/Resolutions - Lodging Tax Advisory Committee CO UNuL AGENDA SYNOPSIS
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Meetin,g Date Prepared by Ma ors r ieu Council review
• 04/24/17 LH 4�1 Lk
• 05/01/17 LH 4. D.
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ITEM INFORMATION
STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 3/27/17
AGENDA I,rEM TITLE Lodging Tax Advisory Committee Legislation.
CATEGORY ® Discussion ❑Motion ® Resolution ® Ordinance ❑Bid Award ❑ Public Hearing ❑ Other
Mtg Date 4,124/17 Mtg Date Mtg Date 5/1/17 Mtg Date 5/1/17 Mtg Date Mtg Date Mtg Date
SPONSOR ®Council ❑Mayor 01JR ❑DCD ❑.Finance ❑Fire ❑TS ❑P&R ❑Police ❑PWI ❑Court
SPONSOR'S The proposed legislation would repeal existing resolutions establishing the Lodging Tax
SUMMARY Advisory Committee in order to codify that committee in the Municipal Code alongside the
City's other boards, commissions and committees. The ordinance enacting the new LTAC
Chapter of the Code provides greater detail on its provisions and is in alignment with
current practices and State law.
REVIII;WED BY ❑ C.O.W. Mtg. ® CDN Comm ❑ Finance Comm. ❑Public Safety Comm.
❑ Trans &Infrastructure ❑Arts Comm. ❑ Parks Comm. p Planning Comm.
DATE: 4/10/17 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMPI"TEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
4/24/17
MTG. DATE ATTACHMENTS
4/24/17 Informational Memorandum dated 4/4/17
Ordinance in Draft Form, amended per CDN Committee discussion
Resolution in Draft Form
Resolution 1533 establishing LTAC
Resolution 1381 increasing LTAC membership from 7 to 9
Minutes from the CDN Meeting of 4/10/17
5/1/17
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhoods Committee
FROM: Laurel Humphrey, Council Analyst
CC: Mayor Ekberg
DATE: April 4, 2.017
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 TMC 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.
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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 TMC Chapter 2.35, Lodging Tax Advisory Committee
• Draft resolution to repeal Resolutions 1533 and 1381
• Resolution 1381
• Resolution 1533
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DRAFT
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."
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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.
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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 for processing by the City Council. 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.
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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. TMC 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.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2017.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Rachel B. Turpin, City Attorney Ordinance Number:
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DRAFT
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 , 2017.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Dennis Robertson, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel B. Turpin, City Attorney
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City of Tukw Ha
Washington
Resolution No. �-
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 achvihes 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 COUNCML THE CIF K F UKINILA,WASHINGTON,.
at a Regular Meeting thereof this o1Q day of ( .2003
ATTEST/AUTHENTICATED•
Pam Carter,Council President
J<4 E Cantu,CHIC,City Clerk
APPROVED F RM BY Filed with the City Clerk.16��Td3
/ Passed by the City Council/6-AO-03
Resolution.Number
-Office o ttorney
(.ODDINC T.aS AU67cORY COMMI7TEE.DOC
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O:' `•Gs
190a~
City of Tukwila
Washington
Resolution No. 13 IF
� h 1.533
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 RCVV 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 atax;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,
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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 COUJJ+ICIL OF T KWILA, WASHINGTON, at a
regular meeting thereof this of 1997.
liaggewxouncil President
ATTEST/AUTHENTICATED:
J Cantu,City Clerk
APPROVED AS TO FORM:
OFFI E OF CITY ATTORNEY
Filed with the City Clerk: 8- 7
Passed by the City Council: - a2-9 r s _rJy
Resolution Number:
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Community Development&Neighborhoods Minutes...............................................................................................April 10,2017
B. Lodging Tax Advisory Committee Legislation
Staff is seeking Council approval of an ordinance that would codify provisions relating to the
Lodging Tax Advisory Committee (LTAC)and a resolution that would repeal previous resolutions
pertaining to LTAC. Placing LTAC in the Municipal Code would make it easier to find and be
consistent with the City's other boards,commissions and committees. No changes are proposed
to the purpose and membership which are defined by State Law. The proposed ordinance
provides greater details regarding the appointment process, reporting to the Council,and other
provisions such as terms, meetings and staff support that are in alignment with current practice.
Councilmember Kruller asked for clarification on the Mayor's role in the appointment process.
Current practice, which the draft ordinance formalizes, states that the Councilmember serving
as Chair makes recommendations to the rest of the City Council forthe LTAC appointments.'The
Mayor does not have a role, although the application form is routed through his office for
simplicity. The Committee requested clarifying this by amending the draft ordinance, Section
4(C) as follows:
"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 for
processing by the City Council."
UNANIMOUS APPROVAL AS AMENDED. FORWARD TO APRIL 24, 2017 COMMITTEE OF THE
WHOLE.
II. MISCELLANEOUS
Adjourned 6:32 p.m.
Committee Chair Approval
Minutes by LH
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