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HomeMy WebLinkAbout10/20/2026 09.A. Resolution - amending Resolution No. R-2015-155 relating to Lodging Tax Advisory Committee quorum requirements !, 1';''A'44 ki e I IN ": • l'.4‘ , F s BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.A. For Meeting of: October 20, 2026 ITEM TITLE: Resolution amending Resolution No. R-2015-155 relating to establishing a Lodging Tax Advisory Committee to amend the quorum requirements of the Advisory Committee SUBMITTED BY: Sara Watkins, City Attorney SUMMARY EXPLANATION: City Council requested that staff amend the quorum requirements for the Lodging Tax Advisory Committee from 7 to 5. This resolution amends the quorum requirements, providing that a minimum of two representatives from a business required to collect lodging tax, and two representatives involved in activities eligible for funding by lodging tax revenue, plus the City Council representative shall constitute a quorum for purposes of voting. The proposed language continues the tradition of having equal numbers for quorum purposes. ITEM BUDGETED: No STRATEGIC PRIORITY 24-25: An Engaged Yakima RECOMMENDATION: ATTACHMENTS: Res-Amend_LTAC.docx R-2015-155 Lodging Tax Advisory Committee.pdf 85 RESOLUTION NO. R-2026- A RESOLUTION amending Resolution No. R-2015-155 relating to establishing a Lodging Tax Advisory Committee to amend the quorum requirements of the Advisory Committee. WHEREAS, pursuant to RCW 67.28.1817, a Lodging Tax Advisory Committee is required to review and comment on any proposed imposition of a lodging tax, any proposed increase in the lodging tax rate, any proposed repeal of an exemption from a lodging tax, or any change in the use of revenue received from the lodging tax, as set forth in Chapter 67.28 RCW; and WHEREAS, Resolution 2015-155 established the Lodging Tax Advisory Committee for the City of Yakima, including outlining quorum requirements of seven members (three from those businesses who collect the tax, three from organizations who receive funding from the tax, and one member from the City Council); and WHEREAS, the Advisory Committee has had difficulty with the quorum requirement resulting in rescheduled meetings; and WHEREAS, the City's resolution exceeds the number of members required by RCW 67.28.1817 and it is not believed that lowering the quorum will have a negative effect on the work being done by the Advisory Committee; and WHEREAS, the City Council finds and determines that it is in the best interest of the City, the Advisory Committee, and the residents of the City to reduce the quorum requirement to five, with two representatives from each group and a city council member constituting quorum; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Section 6: Meetings, Officers, Records, and Quorum of Resolution 2015-155 is hereby amended to read as follows: Section 6. Meetings, Officers, Records, and Quorum A. The City Council member shall serve as the Advisory Committee's chairperson. The vice chairperson and all other officers shall be filled as the Advisory Committee determines it requires. The Advisory Committee shall meet initially for the purpose of establishing its operating procedures. It will then meet as determined by the Advisory Committee. A record shall be kept of the Advisory Committee's meetings, findings and determinations, which records shall be open to public inspection. B. Five members of the Advisory Committee, consisting of the one member from the City Council, two representatives from a business required to collect lodging tax, and two representatives involved in activities eligible for funding by lodging tax revenue, shall constitute a quorum for purposes of voting. A member not present at the time of a meeting shall not participate in a decision. Section 2. A copy of Resolution 2015-155 is attached to this Resolution for reference. No other sections of Resolution 2015-155 shall be amended as part of this Resolution. 1 86 Section 3. Effective Date. This Resolution shall take effect immediately, as provided by law. ADOPTED BY THE CITY COUNCIL this_day of , 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk 2 87 RESOLUTION NO. R-2015-155 A RESOLUTION providing for both repeal of prior Resolution No R-2008-158 relating to establishing a Lodging Tax Advisory Committee, and further providing for establishing a Lodging Tax Advisory Committee for the City of Yakima, establishing procedures for appointment of the members of the Advisory Committee and for meetings of the Advisory Committee, and specifying the duties of the Advisory Committee. WHEREAS, pursuant to RCW 67 28.1817, a Lodging Tax Advisory Committee is required to review and comment on any proposed imposition of a lodging tax, any proposed increase in the lodging tax rate, any proposed repeal of an exemption from a lodging tax, or any change in the use of revenue received from the lodging tax, as set forth in Chapter 67.28 RCW ("the chapter"), and WHEREAS, pursuant to RCW 67 28 1817, the Lodging Tax Advisory Committee must include one member who is an elected official of the municipality who shall serve as chair of the committee, and the remaining members must comprise representatives of businesses required to collect tax under Chapter 67.28 RCW, and persons involved in activities authorized to be funded by revenue received under Chapter 67.28 RCW; and WHEREAS, pursuant to RCW 67 28.1817, the number of members who are representatives of businesses required to collect tax shall equal the number of members who are involved in activities authorized to be funded by revenue received under the chapter; and WHEREAS, the City Council desires to increase the number of members on the Lodging Tax Advisory Committee from seven to nine members; and WHEREAS, Resolution No R-2008-158 was adopted on November 18, 2008, seven years ago, and it is in the best interests of the City that the Resolution establishing the Lodging Tax Advisory Committee and establishing its membership, procedures, and duties be updated by repeal of Resolution No. R-2008-158 and the adoption of a more comprehensive Resolution, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Repeal of Resolution No. R-2008-158 Resolution No. R-2008-158, enacted on November 18, 2008, by the City Council of the City of Yakima, and each and every section thereof, is hereby repealed Section 2. Simultaneous with the repeal of Resolution No. R-2008-158 as effected by Section 1 of this resolution, the following is hereby enacted Section 3. Purpose The purpose and intent of this resolution is to establish a Lodging Tax Advisory Committee to review and comment on any proposed imposition of a lodging tax, any proposed increase in the lodging tax rate, any proposed repeal of an exemption from a lodging tax, or any change in the use of revenue received from the lodging tax, all as set forth in Chapter 67 28 RCW as it currently exists or may hereafter be amended. 1 88 Section 4. Lodging Tax Advisory Committee Created There is created within the City of Yakima a Lodging Tax Advisory Committee (the "Advisory Committee"). The Advisory Committee will be composed of nine members appointed by the City Council The Advisory Committee membership shall include (a) one member shall be the Mayor of the City of Yakima or his or her designated City Council member who is an elected official of the City and who shall serve as chair on the Advisory Committee, (b) four members who are representatives of businesses required to collect lodging tax under Chapter 67 28 RCW,and (c) four members who are persons involved in activities authorized to be funded by lodging tax revenue received under Chapter 67 28 RCW Persons who are eligible for appointment under (b) of this section are not eligible for appointment under (c) of this section Persons who are eligible for appointment under (c) of this section are not eligible for appointment under (b) of this section. Upon appointment, the term for the members of the Lodging Tax Advisory Committee shall be for two years In order to assure continuity of the Advisory Committee after the initial appointments, the membership shall be appointed to staggered two-year terms The current members of the Lodging Tax Advisory Committee that were appointed under Resolution No R-2008-158 are hereby reappointed and shall serve the remaining balance of their prior terms When appointed, the eighth and ninth members of the Advisory Committee shall serve a two-year term, which initial term expires December 30, 2017 The members of the Advisory Committee shall be selected without regard to political affiliation and shall serve without compensation. Selection of members shall follow the requirements for members as specified in RCW 67.28.1817 Section 5. Removal-Vacancies The City Council, by majority vote, may remove a member upon such grounds as may be deemed appropriate by the City Council. The City Council, by majority vote, may remove any appointed member of the Advisory Committee and declare the position vacant. Unexcused absences from any two (2) consecutive meetings shall be grounds for removal Vacancies shall be filled in the manner used by the City Council for regular appointments to the Lodging Tax Advisory Committee Section 6. Meetings, Officers, Records, and Quorum A. The City Council member shall serve as the Advisory Committee's chairperson. The vice chairperson and all other officers shall be filled as the Advisory Committee determines it requires. The Advisory Committee shall meet initially for the purpose of establishing its operating procedures. It will then meet as determined by the Advisory Committee A record shall be kept of the Advisory Committee's meetings, findings and determinations, which records shall be open to public inspection. B. Seven members of the Advisory Committee, consisting of the one member from the City Council, three representatives from a business required to collect lodging tax, and three representatives involved in activities eligible for funding by lodging tax revenue, shall constitute a quorum for purposes of voting. A member not present at the time of a meeting shall not participate in a decision Section 7. Duties of the Lodging Tax Advisory Committee The Advisory Committee shall perform the following duties: 2 89 A. The Advisory Committee shall serve as an Advisory Committee for the City Council as it relates to lodging tax funds. B. The Advisory Committee shall review and comment on any proposed imposition of a lodging tax, any proposed increase in the lodging tax rate, any proposed repeal of an exemption from a lodging tax, or any change in the use of revenue received from the lodging tax. C. When the City Council proposes (a) the imposition of a tax under Chapter 67 28 RCW, (b) an increase in the rate of tax imposed under Chapter 67 28 RCW, (c) the repeal of an exemption from a tax imposed under Chapter 67 28 RCW, or (d) a change in the use of revenue received under Chapter 67.28 RCW, such proposal shall be submitted to the Lodging Tax Advisory Committee for review and comment at least 45 days before final action on or passage of the proposal by the City Council. For a proposed change in the use of revenue received under Chapter 67 28 RCW, the City Council authorizes the City Manager to submit the proposed change in use to the Lodging Tax Advisory Committee for review and comment, Provided, however, such submission must be made to the Advisory Committee at least 45 days before final action on or passage of the proposal by the City Council. The Advisory Committee shall submit comments on the proposal in a timely manner through generally applicable public comment procedures The comments shall 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-term stability of the fund created under RCW 67 28.1815 used for paying the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities. Failure of the Advisory Committee to submit comments before final action on or passage of the proposal shall not prevent the City Council from acting on the proposal. Pursuant to RCW 67 28 1817(2), the City Council is not required to submit an amended proposal to the Advisory Committee under this section D All meetings shall be open to the public following publication of a notice for such meeting in the legal newspaper for the City of Yakima E. All meetings shall be recorded and the recordings shall be maintained in the files of the City Clerk's office Section 8. Staff Assistance The Department of Finance and/or the City Economic Development Manager shall provide staff assistance to the Advisory Committee and shall serve to facilitate communications by the Advisory Committee to the City Council Section 9. Resolution Effective Immediately This resolution shall take effect immediately upon adoption ADOPTED BY THE CITY COUNCIL this 1st day of December, 2015. Micah Cawley!Mayor ATTEST fl`t 10 i / f � . 14 Y City erk • 90