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HomeMy WebLinkAboutR-2015-155 Lodging Tax Advisory Committee Changes 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enacted on November 18, 2008, by the City Council of the City of Yakima, and each and every section thereof, is hereby repealed Section 2.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 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 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 /7. y, l fl 14 Y y City erk p,, 3 10 Vig BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 19. For Meeting of: December 1, 2015 ITEM TITLE: Resolution providing for both repeal of prior Resolution No. R -2008- 158 relating to the Lodging Tax Advisory Committee; and further providing for establishing a Lodging Tax Advisory Committee with nine members; and Consideration of Motion to reappoint the current members of the Lodging Tax Advisory Committee. SUBMITTED BY: Jeff Cutter, Interim City Manager SUMMARY EXPLANATION: The Council asked for information on increasing the number of members on the Lodging Tax Advisory Committee. A memo on the procedure is attached. If the Council decides to increase the number of members, an attached draft Resolution repeals prior Resolution R- 2008 -158 that was adopted on November 18, 2008, and provides guidelines for the City's Lodging Tax Advisory Committee, which is established pursuant to RCW 67.28.1817. The attached draft Resolution increases the number of members of the Lodging Tax Advisory Committee from seven to nine members. The statute requires that one member of the Advisory Committee shall be an elected official of the City who shall serve as chair. The other members must include an equal number of members who are representatives of businesses required to collect the lodging tax under Chapter 67.28 RCW and an equal number of members who are persons involved in activities authorized to be funded by revenue received under the Chapter. If the new Resolution is adopted, a Motion to reappoint the current seven members of the Lodging Tax Advisory Committee would be appropriate pursuant to RCW 67.28.1817(1). The names of the current seven members of the Lodging Tax Advisory Committee are enclosed. The other two members would be appointed at a future Council meeting. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: No Amount: Funding Source/Fiscal Impact: Strategic Priority: Economic Development Insurance Required? No Mail to: Phone: APPROVED FOR �" .. SUBMITTAL: „ ° City Manager RECOMMENDATION: This is a City Council decision. The Council requested the Lodging Tax Advisory Committee issue be brought back for further discussion on whether the number of members should be increased. If a Resolution increasing the number of members from seven to nine were to be requested by Council, the City Council would: (1) Adopt the Resolution; and (2) Pursuant to RCW 67.28.1817(1), pass a Motion to reappoint the seven current members of the Lodging Tax Advisory Committee. ATTACHMENTS: Description Upload Date Type Memorandum re Il eirrnlbershiil p Requirements k r Lodging t1/24/2015 CAT,"sirMemo IC <axAdvisory Q: amrrmrrniittaacm D Draft Reclined Res pleb pirn 11/24/2015 0 5 Res pleb pirn D L.. xigiiirg "RA Advisory C pirrmrrnii Uapap IME?[ nlbeiris 11/24/2015 0 Backup p Il ateirii <ali CITY OFYAICEVIA LEGAL DEPAR 200 South Third Street, Yaldna, Washington 98901 (509)575 -6030 Fax (509)575-6160 MEMORANDUM November 23, 2015 TO: Honorable Mayor and Members of the City Council FROM: Helen A. Harvey, Senior Assistant City Attorney SUBJ: Membership Requirements for the Lodging Tax Advisory Committee This memo responds to the inquiry from the Council about membership requirements for the Lodging Tax Advisory Committee, which serves as an advisory committee for the City Council on lodging tax funds. Issue: What are the requirements and procedure for membership on the Lodging Tax Advisory Committee? City of Yakima Resolution No. R -2008 -158, adopted by the City Council on November 18, 2008, created the Lodging Tax Advisory Committee, which is "composed of seven members appointed by the City Council... Selection of members shall follow the requirements for members as specified in RCW 67.28.1817." The current Resolution does not provide authorization for having more than seven members serve on the Lodging Tax Advisory Committee. If desired by the City Council, a new Resolution could be presented that creates a Lodging Tax Advisory Committee with more than seven members. An advisory committee with more than seven members would be consistent with the membership requirements of RCW 67.28.1817, which refers to "at least two members" in two of the categories on the advisory committee with no cap on the total number of members. RCW 67.28.1817(1) requires that a lodging tax advisory committee "shall consist of at least five members . . ." If there were to be an increase in the number of members on the Lodging Tax Advisory Committee, there would need to be an increase to at least nine members, because it is a statutory requirement that in addition to one member who is an elected official of the city and is the committee chair, there must be an equal number of members in two categories. RCW 67.28.1817 requires: "The number of members who are Memo to City Council re Lodging Tax Advisory Committee November 23, 2015 Page 2 representatives of businesses required to collect tax under this chapter shall equal the number of members who are involved in activities authorized to be funded by revenue received under this chapter." The lodging tax advisory committee is appointed by the City Council. RCW 67.28.1817(1). "Organizations representing businesses required to collect tax under this chapter, organizations involved in activities authorized to be funded by revenue received under this chapter, and local agencies involved in tourism promotion may submit recommendations for membership on the committee." RCW 67.28.1817(1). Attached is a copy of current Resolution No. R -2008 -158, the state statute on lodging tax advisory committee membership requirements (RCW 67.28.1817), and, if the Council desires to increase the membership, a draft Resolution. cc: Tony O'Rourke, City Manager Jeff Cutter, City Attorney Cindy Epperson, Finance Director Attachments: 1. City of Yakima Resolution No. R- 2008 -158 on Lodging Tax Advisory Committee adopted November 18, 2008 2. RCW 67.28.1817 on "Lodging tax advisory committee" 4 i • . RESOLUTION NO. R -2008 -158 • A RESOLUTION providing for both repeal of prior Resolution No. R -97 -84 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; 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; WHEREAS, Resolution No. 97 -84 was adopted on June 10, 1997•, over eleven 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. 97 -84 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 -97 -84 Resolution No. R- 97 -84, enacted on June 10, 1997, 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 -97 -84 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 • 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 seven 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) three members who are representatives of businesses required to collect lodging tax under Chapter 67.28 RCW, of whom one such member shall be appointed initially to a one -year term and two members shall be appointed to a two -year term; and (c) three members who are persons involved in activities authorized to be funded by lodging tax revenue received under . Chapter 67.28 RCW, of whom one such member shall be appointed initially to a one -year term and two members shall be appointed to a two -year term. 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. in order to,assure continuity of the Advisory Committee after the initial appointments, the membership shall be appointed to staggered two-year terms. 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 from removal. Vacancies shall be filled in the manner used by the City Council for regular appointments to the 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. 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 7_ Duties of the Lodging Tax Advisory Committee The Advisory Committee shall perform the following duties: A. The Advisory Committee shall serve as an Advisory Committee for the City Council as it relates to lodging tax funds. 2 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 Community and Economic Development and/or the Department of . Finance 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 18 u - of Novembe , 2008. David Edler, Mayor ATTEST: A sL.,40 - Lak_i (:)/crert.s City Clerk 3 • O7.28.1O17. Lodging tax advisory committee in|a,8o_,VVAST57.28.1017 West's Revised Code of Washington Annotated Title 67. Sports and Recreation—Convention Facilities (Refs 8r nos) pter 67.28. Public Stadium, Convention, Arts, and Tourism Facilities (Refs & Annos) West's RCWA 67.28.1817 67.28.1817. Lodging tax advisory committee in large municipalities— Submission of proposal for imposition of or change in tax or use—Comments Currentness (1) Before proposing imposition of a new tax under this chapter, an increase in the rate of a tax imposed under this chapter, repeal of an exemption from a tax imposed under this chapter, or a change in the use of revenue received under this chapter, a municipality with a population of five thousand or more shall establish a lodging tax advisory committee under this section. A lodging tax advisory committee shall consist of at least five members, appointed by the legislative body of the municipality, unless the municipality has a charter providing for a different appointment authority. The committee membership shall include: (a) At least two members who are representatives of businesses required to collect tax under this chapter; and (b) at least two members who are persons involved in activities authorized to be funded by revenue received under this chapter. Persons who are eligible for appointment under (a) of this subsection are not eligible for appointment under (b) of this subsection. Persons who are eligible for appointment under (b) of this subsection are not eligible for appointment under (a) of this subsection. Organizations representing businesses required to collect tax under this chapter, organizations involved in activities authorized to be fimded by revenue received under this chapter, and local agencies involved in tourism promotion may submit recommendations for membership on the committee. The number of members who are representatives of businesses required to collect tax under this chapter shall equal the number of members who are involved in activities authorized to be funded by revenue received under this chapter. One member shall be an elected official of the municipality who shall serve as chair of the committee. An advisory committee for a county may include one nonvoting member who is an elected official of a city or town in the county. Ao advisory committee for x city wr town may include one nonvoting member who isma elected offixiu|of the county iuwhich the city or town is located. The appointing authority shall review the membership of the advisory committee annually and make changes as appropriate. (2) Any municipality that proposes imposition of a tax under this chapter, an increase in the rate of a tax imposed under this chapter, repeal of an exemption from a tax imposed under this chapter, or a change in the use of revenue received under this chapter shall submit the proposal to the lodging tax advisory committee for review and comment. The submission shall occur at least forty-five days before final action on or passage of the proposal by the municipality. 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 ofthc 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 RCTV&7.28.1815. Failure of the advisory committee to submit comments before final action on or passage of the proposal shall not prevent the municipality from acting on the proposal. A municipality is not required to submit an amended proposal to an advisory committee under this section. Credits |1998 o35 §3; 1997u452 0 �.l West's RCWA 67.28.1817, WA ST 67.28.1817 Current with all laws from the 2Vl5 Regular Session and 2Ol5Kot,2od and 3rd Special Ses ionn RESOLUTION NO. R- 2008 -1- 582015 - A RESOLUTION providing for both repeal of prior Resolution No. R 97 81R- 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 ROW; 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. 97 81R- 2008 -158 was adopted on June 10, 1997November 18, 2008, ov lever; - 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. 97 81R- 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 97 84R- 2008 -158 Resolution No. R 97 84R- 2008 -158, enacted on .1-4Fie 10, 1997November 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 97 81R- 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 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 seven -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) three -four members who are representatives of businesses required to collect lodging tax under Chapter 67.28 RCW; . - •• - - . _ .. - • . _ _ - _ _ e = - - _ - _ _ .: • - _ term and two - members shall - -be- appointed -te a tw ^year term; and (c) three four members who are persons involved in activities authorized to be funded by lodging tax revenue received under Chapter 67.28 RCW. of-whom one such membe - shall -be- appointed -- initially- to -a -onc ear -terra and - two-- mer-nbers shall-- be --a-pp ' o- year-term -- 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 r+ -,r i >i removal. Vacancies shall be filled in the manner used by the City Council for regular appointments to the I u lc iii i( I 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. l=ive -Seven members of the Advisory Committee, consisting of the one member from the City Council, twwe- three representatives from a business required to collect lodging tax, and two- -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. 2 Section 7. Duties of the Lodging Tax Advisory Committee The Advisory Committee shall perform the following duties: 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 ROW 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 Co ity —and Eco omit- Deve4e-pment- and /or 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 day of -ber— 2008December, 2015. 3 Did- €4IefMicah Cawley, Mayor ATTEST: City Clerk 4 LODGING TAX ADVISORY COMMITTEE MEMBERS November 23, 2015 Statutory ReQuirements for Member Organization Term Membership pursuant to RCW Expires 67.28.1817(1) "Elected official of the Kathy Coffey Yakima City Council 12/30/16 municipality who shall serve as Member, Chair of the chair of the committee" Advisory Committee "Members who are representative Sara Allen General Manager, 12/30/15 of businesses required to collect Ledgestone Hotel tax" under Chapter 67.28 RCW Colette Keeton General Manager, 12/30/16 Howard Johnson Hotel Lisa Vallejo General Manager, 12/30/16 Hilton Garden Inn "Members who are persons John Cooper President and CEO, 12/30/15 involved in activities authorized to Yakima Valley Visitors & be funded by revenue received" Convention Bureau under Chapter 67.28 RCW Angie Girard Board Member, Public 12/30/16 Facilities District, Yakima Convention Center Mike Latimer Past President and Board 12/30/16 Member, Capitol Theatre