RES 221287 - Laserfiche WebLink

Two of these exceptions apply to the TVTMD, a "specific benefit" and a "specific government service." Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services. 1. Specific Benefit Proposition 26 requires that assessment funds be expended on, "a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege."2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses,and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land,but rather to serve the specific businesses within the TVTMD.The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the TVTMD, and are narrowly tailored. TVTMD funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in TVTMD programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. The assessment imposed by this TVTMD is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment,with marketing&sales and destination development programs promoting lodging businesses paying the TVTMD assessment. The marketing & sales and destination development programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the marketing & sales and destination development programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses. Although the TVTMD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that,"A specific benefit is not excluded from classification as a`specific benefit'merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.i3 2. Specific Government Service The assessment may also be utilized to provide, "a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.' The legislature has recognized that marketing and promotions services like those to be provided by the TVTMD are government services within the meaning of Proposition 265. Further, the legislature has determined that "a specific government service is not excluded from classification as a `specific government 2 Cal.Const.art XIII C§ 1(e)(1) 3 Government Code§53758(a) a Cal.Const.art XIII C§ 1(e)(2) 5 Government Code§53758(b) TVTMD Management District Plane §5312 February 3,2022 california