Visalia City Council
May 16, 2022

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Steve Nelsen
Vice Mayor Brian Poochigian
Council Member Greg Collins
Council Member Brett Taylor
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, May 16, 2022

ROLL CALL
Government Code Section 54953(b) provides the rules for teleconferencing for City Council meetings. Vice Mayor Brian Poochigian and Councilmember Brett Taylor will participate in the May 16, 2022 Visalia City Council meeting via teleconference. The addresses of the teleconference sites are as follows: 5901 West Beech Ct., Visalia, CA 93277 and 1007 W.

Monte Vista, Visalia, CA 93277. The public can attend and participate from the teleconference locations.

CALL TO ORDER WORK SESSION - 4:00 PM

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.

Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS (as described)

1. New employee introductions: Community Development: Jason Huckleberry - Assistant Director and Jennifer Wu - Plans Examiner 22-0201

2. Receive a tutorial video produced for the new High-Intensity Activated Crosswalk (HAWK) pedestrian hybrid beacon at Lovers Lane and Packwood Creek crossing.
22-0184

3. Continue to review and discuss the proposed 2022/23 and 2023/24 budget.
22-0196

1 City Council Meeting Agenda - Final May 16, 2022

4. Receive the May 2022 Annual Operations Report for the Downtown Visalia Property and Business Improvement District (DTVPBID); and approve the 5% annual assessment increase as proposed, or amended, to be included in the 2022/23 tax roll, as required by the DTVPBID Management District Plan (MDP).
22-0173
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.

Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only. 22-0145

2. Authorize the acceptance of the 2020 State Homeland Security Grant Program (SHSGP) award and appropriate funding from the General Fund in the amount of $87,860 to put five Visalia Fire personnel through field-based training for Hazardous Materials Technician and Specialist class series.
22-0070

2 City Council Meeting Agenda - Final May 16, 2022

3. Authorize City Manager to award a contract to purchase two (2) diesel solid waste trucks to E.M. Tharp of Porterville, CA. through Sourcewell Cooperative contract for a total purchase price of $682,226 (VH0031, VH0037).
22-0110

4. Authorize the City Manager to execute a sole source contract with Environmental and Lubrication Solutions for the purchase of F-500 Encapsulator Agent (EA). The contract limit will be $22,000 per year for one year with the option to renew annually for up to four consecutive years for a maximum of 5 years.
22-0129

5. Adopt Resolution 2022-33 authorizing the City Manager to execute Southern California Edison (SCE) Utility Agreement No .

CP0473-SCE2592 for the Riggin Widening project between
Mooney Blvd to Conyer Street.
22-0139

6. Authorize the City Manager to submit a funding appliciation to the Environmental Enhancement and Mitigation (EEM) Program for landscaping of the Caldwell Avenue Improvement Project from Akers Street to Shady Street. (Resolution 2022-34 required). 22-0168

7. Authorize the City Manager to submit funding applications for the 2023 Active Transportation Program (ATP) Cycle 6 to the California Department of Transportation (Caltrans) and the Tulare County Association of Governments (TCAG).
22-0185

8. Authorize City Manager to approve the Memorandum of
Understanding (MOU) between the City of Visalia and Visalia Unified School District (VUSD) for Visalia Police Department Youth Services Officers (YSOs) assigned as campus officers at VUSD middle school and high school campuses.
22-0189

9. Authorization to accept and appropriate funding for a State of California Housing and Community Development Regional Early Action Planning (REAP) Grant for the City of Visalia’s Housing Element update in an amount to not exceed $241,000.00.
22-0195

10. Request by Councilmember Greg Collins for the Council to approve adding an agenda item to a future City Council meeting to discuss directing staff to bring back information related to the potential for permitting cannabis dispensaries in the City of Visalia. 22-0198

11. Consider the process for appointing Planning Commissioners for the three terms expiring June 30, 2022 including direct appointment of current Commissioners or a full recruitment process. 22-0200

3 City Council Meeting Agenda - Final May 16, 2022

12. Adoption of resolutions relating to the regular municipal election to be held on Tuesday, November 8, 2022. Approval of Resolution 2022-31 requesting and consenting to consolidation of elections and specifications of the election order and approval of Resolution 2022-32 requesting the Tulare County Board of Supervisors authorize the County Registrar of Voters to render specific services to the City of Visalia. (Resolutions 2022-31 and 2022-32 required). 22-0202

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. Introduce and conduct the first reading of Ordinance No. 2022-09 an ordinance to approve the adoption of Visalia Police Department Military Equipment Policy #708 per California Assembly Bill (AB) 481. Schedule a second reading and adoption on June 20, 2022, for City Council approval of the proposed Ordinance and Visalia Police Department Military Equipment Policy #708.
22-0134

2. Conduct a Public Hearing (the second of two) to appropriate $2.7M of Measure N Funds for the Downtown Streetlight Project, appropriate $2,700,000 from Measure N (141) Fund in additional funding and authorize the City Manager to execute an agreement with A-C Electric Company for the Downtown Streetlight and Pavement Rehabilitation Projects in the amount of $8,853,574.15 (CIP 1410-72000/CP0345-999 & CIP 2390-72000/CP0373-999). 22-0160

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING COUNCIL MEETINGS

1. Upcoming Visalia City Council Meetings:

Monday, June 06, 2022 - Regular Meeting @ 7:00 PM - 707 W.

Acequia
Monday, June 20, 2022 - Regular Meeting @ 7:00 PM - 707 W.

Acequia
22-0208

4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0201 Agenda Date: 5/16/2022 Agenda #: 1.

Agenda Item Wording:

New employee introductions: Community Development: Jason Huckleberry - Assistant Director and Jennifer Wu - Plans Examiner
Visalia City Council Printed on 5/13/2022Page 1 of 1
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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0184 Agenda Date: 5/16/2022 Agenda #: 2.

Agenda Item Wording:

Receive a tutorial video produced for the new High-Intensity Activated Crosswalk (HAWK) pedestrian hybrid beacon at Lovers Lane and Packwood Creek crossing.

Deadline for Action: None
Submitting Department: Administration - Public Works
Contact Name and Phone Number:

Diego Corvera, Civil Engineer, [email protected], 713-4209 Allison Mackey, Community Relations Manager, [email protected], 713-4535 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that the City Council receive the tutorial video for the new HAWK pedestrian hybrid beacon at Lovers Lane and Packwood Creek crossing.

Background Discussion:

City staff procured videographer services to produce a tutorial video to educate our community on the functionality and operation of the new HAWK pedestrian hybrid beacon now constructed at Lovers Lane and Packwood Creek crossing. This is the first HAWK pedestrian hybrid beacon constructed in the City of Visalia and the first for Tulare County. Staff believes it prudent to provide a public tutorial video on its operation to encourage safe use and interaction with the new signal.

This video is intended to circulate throughout the City of Visalia via social media. Staff also intends to send the video to the Visalia school districts, local businesses, community groups, and other outreach mediums to get the information out to the public in the most robust means possible. The video will circulate for two (2) weeks to allow time for the public to learn about the signal ahead of it being turned on for public use.

The video was released Wednesday May 4th, 2022, for public viewing, and the HAWK will be turned on May 18th following the May 16th Council meeting.

The tutorial video will remain on the City website and other social media platforms indefinitely to allow for the public to view as needed or desired.

HAWK Functionality:

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If you’re a pedestrian using the HAWK, this is what you will see and hear.

As you approach the HAWK crossing you will see a solid red hand indicating “DoNot Cross.”Push the button and the signal will begin its activation cycle. First, it’sgoing to give cars enough time to safely be alerted to the signal and time to come to a stop. Following that, you will see a walk symbol, like your normal traffic signal, indicating that you may enter the crosswalk. As with any other crosswalk, be careful while crossing, and make eye contact with the drivers to be sure that they see you. The only safe time to enter the crosswalk and begin your crossing is when the walk symbol is showing, and cars are stopped at the signal. If you’reapproaching the HAWK and it’salready begun its cycle, you may enter the crosswalk only if you see the walk signal. If it shows a flashing hand or any other indication, do not enter. As you walk across you will see the walk symbol disappear, replaced with a flashing hand and a countdown indicating how much time you have to complete your crossing. Once you have entered the crosswalk, do not stop in the road, complete your crossing in a timely manner and continue your way on the Packwood Trail. Should another pedestrian push the button soon after the previous walk phase, there will be a predetermined time to allow vehicular traffic to clear before the sequence starts again.

If you are a driver approaching this signal, this is what you will see.

The HAWK goes through a similar sequence to a traffic signal, but there are differences with the indications you see. When a pedestrian pushes the crossing button, the signal will begin with a flashing yellow. This cautions drivers that, “thesignal has been activated”. It will flash yellow for a few seconds, and then it will turn to solid yellow warning you that it will soon turn red. Slow down and come to a stop as you would with a yellow traffic signal. A steady red light will, with both heads on, means “Stop”. That’swhen the pedestrian interval will start, now the pedestrian will cross. The signal will now become a steady red light, and all cars must come to a complete stop and wait. Next the HAWK indication will begin alternating flashing red lights. At that time, if you are approaching the HAWK you must treat it as a STOP sign. Remember, the pedestrian has the right of way. Once you have come to a complete stop, and the pedestrian has crossed your path, you may proceed with caution. When the HAWK returns to resting dark the cycle is complete, and the signal will remain dark until activated again.

If you are a driver approaching the HAWK and it is dark, you may proceed as if it is not there.

Fiscal Impact:

None
Prior Council Action:

None
Other:

None
Alternatives:

None
Recommended Motion (and Alternative Motions if expected):

Information only, no action necessary
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Environmental Assessment Status:

Not Applicable
CEQA Review:

Not Applicable
Attachments:

None
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8 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0196 Agenda Date: 5/16/2022 Agenda #: 3.

Agenda Item Wording:

Continue to review and discuss the proposed 2022/23 and 2023/24 budget.

Deadline for Action: 6/30/2021
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Renee Nagel 713-4375, Amee Swearingen 713-4170 Department Recommendation:

No action is required tonight. This is a continuation discussion of the proposed fiscal year 2022/23 and 2023/24 budget.

Background Discussion:

Tonight’smeeting is the continuation of the budget workshops to achieve more input from Council and the citizens, as shown in Table 1 - Budget Process Calendar.

Table 1
Budget Process Calendar
Budget Activity Month Due
Citizen Input - survey/forum October
Council Strategic Goals Workshop (work sessions) October Budget Kick Off/Baseline Budgets created October-
November
Departments submit capital and budget requests December Finance review departments budget submittals January
Finance prepares mid-year numbers February
Capital Presented to Council February -
March
Budget Workshops/Mid Year Presentation May
Budget Document Adoption June
This is the second of two or possibly three meetings where staff will be bringing an overview of the entire budget. Tonight, staff will be discussing the department budget increases and decreases and addressing questions from Council from the last meeting. The 3rd meeting, if needed, will be held on June 6, 2022, to Visalia City Council Printed on 5/13/2022Page 1 of 2
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questions from Council from the last meeting. The 3rd meeting, if needed, will be held on June 6, 2022, to address any outstanding items. The complete proposed budget will be brought to council on June 20, 2022, to complete the public hearing and the adoption.

Staff recommends that the Council adopt a budget by June 30th to comply with City Charter provisions requiring a budget appropriation for all expenditures. However, if Council is concerned or desires further discussion of the budget, additional hearings could be scheduled in June so the Council and public can have time to further review the budget prior to June 30.

However, extending adoption of the budget past June 30th would result in the City having expenditures with no appropriation, in violation of the City Charter. This would be an undesirable outcome and is not recommended by staff; therefore, staff encourages the Council and public to review the budget and advise staff if more public discussion is needed prior to the scheduled adoption of June 20, 2022.

Fiscal Impact:

None
Prior Council Action: Council conducted work sessions on Feb 7th, 22nd, 28th, and March 7th, 14th, and 21st to review Capital Project’s. Budget Workshop 1 presented to Council May 2nd.

Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

None
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Click or tap here to enter text.

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10 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0173 Agenda Date: 5/16/2022 Agenda #: 4.

Agenda Item Wording:

Receive the May 2022 Annual Operations Report for the Downtown Visalia Property and Business Improvement District (DTVPBID); and approve the 5% annual assessment increase as proposed, or amended, to be included in the 2022/23 tax roll, as required by the DTVPBID Management District Plan (MDP).

Deadline for Action: 5/23/2022
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Melody Murch, 559-713-4379, [email protected] <mailto:[email protected]> Department Recommendation:

That Council receive the Annual Operations Report for the DTVPBID, as submitted by the Downtown Visalia Property Owner’sAssociation (DTVPOA), and review and approve the proposed increase in assessments for the 2022-23 tax roll, making any changes they deem necessary prior to approval.

Background Discussion:

Summary:

The Downtown Visalia Property and Business Improvement District (DTVPBID) is an assessment district which provides activities and improvements to Downtown property owners. The DTVPBID was created in 1998 and has been extended by ballot of the affected property owners ever since. The current DTVPBID duration is January 1, 2020, through December 31, 2029. In accordance with the DTVPBID Management District Plan (MDP), the City has contracted with the Downtown Visalia Property Owner’s Association (DTVPOA) for the administration of the DTVPBID.

The DTVPBID is required to submit the attached annual operations report by May 31st each year in accordance with the Property and Business Improvement District Law of 1994 (PBID Law) and the current agreement between the City and the DTVPOA. The report summarizes past, current, and planned activities, improvements, and the financial state of the DTVPBID. The report must also include any planned assessment increases. Council’srole, according to PBID Law, is to review the attached report to ensure consistency with the Management District Plan (MDP) and make any changes it deems necessary to ensure compliance with the MDP as balloted by the affected property owners.

The MDP sets the maximum annual increase in assessments. To accommodate increases to the California Minimum Wage which occurred annually through January 2022, the MDP allowed a 10% increase through the 3rd year of the plan (2022). Beginning with year 4 (2023), annual increases are limited to 5% each year for the remainder of the plan. The requested 5% assessment increase for Visalia City Council Printed on 5/13/2022Page 1 of 5
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limited to 5% each year for the remainder of the plan. The requested 5% assessment increase for year 3 (2023) complies with the maximum allowed increase under the MDP. The proposed 5% increase for the 2023 year is shown in Table 1: Summary of Proposed 2023 DTVPBID Increase.

Table 1: Summary of Proposed 2023 DTVPBID Increase
Description City of Visalia All Others Total Assessments 2022 PBID Assessment 138,939$ 466,413$ 605,352$ Proposed Increase 6,947 23,321 30,268$ 2023 PBID Assessment 145,886$ 489,734$ 635,620$ (See fiscal impact below for the breakdown of the City of Visalia’sassessment distribution based on properties owned in the district)
Any assessment increase approved by Council tonight will be brought back on June 6, 2022, as part of the Tax Roll process.

Additional Information:

DTVPBID V Formation: Since 1998, the DTVPBID has collected assessments under PBID Law to provide funding for improvements and activities to preserve and enhance the economic condition of Downtown Visalia. The 5th iteration of the DTVPBID was formed on July 15, 2019 by a ballot of the owners of property located within the district and began on January 1, 2020. As prescribed by the current MDP, administration of the DTVPBID is being performed by the Downtown Visalia Property Owners Association (DTVPOA) under a management agreement approved by City Council on December 3, 2019. As required by PBID Law, and included in the agreement with the DTVPOA, the annual operations report is to be prepared and presented to the City Council each year. The deadline of May 31st has been set to allow the inclusion of any assessment increases approved by council in the annual Tax Roll process.

Reporting Requirement: The annual operations report is required by PBID Law and the DTVPOA Management Agreement to include certain information summarized by the following items excerpted from section 2.B. of the agreement. The full PBID Management Agreement is included as Attachment B to this item.

Agreement Section 2.B.

B. Prepare and provide to the City, for review by the City Council, an annual operations report for all matters covered under this Agreement on or prior to May 31, 2020, and thereafter no later than May 31st of each year. Such annual report shall include financial summaries to be provided in the format set forth in Exhibit A, and account for:
i. all actual revenue, activities and expenditures during the fiscal year of the District (January I through December 31) prior to the year of the report;
ii. ii. all to-date and projected revenue, activities and expenditures during the then current fiscal year; and
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iii. a specific management plan, including operating budget, for the fiscal year following the year of the report. The specific management plan and budget for the following fiscal year shall specify the actual maintenance, activities and improvements proposed to be provided for in that year along with their estimated cost; and
iv. shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies and also include any additional information required under §36650(b) of the PBID Statute, such as:

1. Any proposed changes to the boundaries, benefit zones, or classification of property within the district.

2. The method and basis of levying assessments, including any proposed increases, in sufficient detail to allow property owners to estimate the amount of their individual assessments.

3. The estimated amount of any surplus or deficit revenues to be carried from previous fiscal years.

4. The estimated amount of any contributions to be made from sources other than district assessments.

The City Council shall review the report to ensure consistency with the Plan. In accordance with the provisions of PBID Statute, the City Council may approve the report as filed by the DVPOA or may modify any particular contained in the report and approve it as modified.

Plan Changes and Assessment Increases: While the City is required by the MDP to contract with the DTVPOA for management of the DTVPBID, the power to modify any aspect of the annual report, prior to approval, lies with the City Council, with one notable exception. The City Council may not make or approve any changes that would prevent the DTVPBID from funding scheduled payments on any executed contract or debt service obligation. This is the City Council’sopportunity to review the justification for any changes or assessment increases and hold the DTVPBID accountable for any controllable rising costs.

The attached report submitted by the DTVPOA (Attachment A) details the proposed activities and the proposed 5% assessment increase for the 2023 PBID year. These proposed items are intended to be reviewed by the City Council to ensure consistency with the MDP. The maximum annual inflationary increase allowed by the MDP was set at 10% for years two and three (2021 and 2022) and reduced to 5% for the remaining 7 years (2023 to 2029). This was due to the expectation that costs would continue to increase at a rate higher than 5% until the mandated increases to the California Minimum Wage were completed in January 2022. The proposed 5% increase for the 2023 year is shown above in Table 1: Summary of Proposed 2023 DTVPBID Increase.

The maximum assessment increase allowed for the 2023 DTVPBID year is set by the MDP rather than by any Consumer Price Index (CPI) rate. For this reason, it is important to consider the justification for any requested increase in the DTVPBID assessments. According to the Bureau of Visalia City Council Printed on 5/13/2022Page 3 of 5
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justification for any requested increase in the DTVPBID assessments. According to the Bureau of Labor Statistics, the CPI for All Urban Consumers (CPI-U) increased 8.5% over the 12 months leading up to March of 2022. While the future rate of inflation is difficult to predict, the documented

8.5% increase in the cost of goods and services over the last year is ample justification for the requested 5% increase to the DTVPBID assessments, and staff recommends approval of the proposed 2023 assessment amount.

Any assessment increase approved by Council tonight will be brought back on June 6, 2022, as part of the Tax Roll process.

Fiscal Impact:

As shown above in Table 1: Summary of Proposed 2023 DTVPBID Increase, the additional cost of the City’s combined assessment would increase by $6,957 if the 5% assessment increase is approved. This would bring the total City contribution to the DTVPBID to $145,886. Shown below, in Table 2: City DTVPBID Assessment Detail, is the breakdown of the payment between the General Fund, Convention Center, and Visalia Transit.

Table 2: City DTVPBID Assessment Detail
Description
General
Fund
Convention
Center
Visalia
Transit
Total
Assessments
2022 City PBID Assessment 96,252$ 34,682$ 8,005$ 138,939$ Proposed Increase 4,813 1,734 400 6,947 2023 City PBID Assessment 101,065$ 36,416$ 8,405$ 145,886$ Prior Council Action:
• July 15, 2019: DTVPBID V Ballot process and formation • December 3, 2019: Approval of Management Agreement with DTVPOA • Annual Reports received and Assessment Increases approved on:
o May 18, 2020
o May 17, 2021
Other: N/A
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move that Council receive the 2022 Downtown Visalia Property Based Improvement District Annual Operations Report and approve the proposed 5% increase in PBID assessments to be included in the 2023 Tax Roll amount to be brought back for adoption in June 2022.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

Attachment A: 2022 Annual DTVPBID Operation Report
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Attachment B: DTVPBID Final POA Agreement 12/3/19
Attachment C: DTVPBID MDP 4/22/19
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29 April 22, 2019
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

DOWNTOWN VISALIA PROPERTY AND

BUSINESS IMPROVEMENT DISTRICT

MANAGEMENT DISTRICT PLAN & ENGINEER’S REPORT
2020-2029
30 Downtown Visalia PBID Management District Plan i

CONTENTS

I. Overview ................................................................................................................................................. 1 II. Impetus ................................................................................................................................................... 2 III. Background............................................................................................................................................. 3 IV. Accomplishments .................................................................................................................................. 4 V. Boundaries .............................................................................................................................................. 5 VI. Service Plan & Budget .......................................................................................................................... 6 A. Improvements and Activities 6
B. Annual Budget 6
C. Assessment Budget 7
D. Zone Assessment Budgets 8
E. Annual Maximum Assessment Budget 8

VII. Governance ............................................................................................................................................ 9 A. Owners’ Association 9
B. Brown Act & Public Records Act Compliance 9
C. Annual Report 9

VIII. Engineer’s Report ................................................................................................................................ 10 Appendix 1 – Maximum Annual Assessment Rates ......................................................................................... 21 Appendix 2 – PBID Law ....................................................................................................................................... 22 Appendix 3 – Parcel Assessment Calculations .................................................................................................. 34 Appendix 4 – Total Estimated Maximum Cost of Improvements, Maintenance, and Activities ............ 44 Appendix 5 – Services by Zone ............................................................................................................................ 45 Appendix 6 – Map .................................................................................................................................................. 46

Prepared by Civitas
www.civitasadvisors.com
(800)999-7781
31 April 22, 2019
Downtown Visalia PBID Management District Plan Page 1
I. OVERVIEW

Developed by a growing coalition of property owners, the Downtown Visalia Property and Business Improvement District ( DTVPBID) is a benefit assessment district whose main goal is to provide improvements and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, incr eased occupancies, and specifically increased property values. As required by state law, property owners have created this Management District Plan (Plan) to renew the DTVPBID.

Location: The DTVPBID generally includes parcels in the downtown area of the City of Visalia, as shown on the map in Section V.

Purpose: The purpose of the DTVPBID is to provide activities and improvements which constitute and convey a special benefit to assessed parcels. The DTVPBID will provide environmental enhancements, economic enhancements, and related administration programs directly and only to assessed parcels within its boundaries.

Budget: The DTVPBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be $ 500,291.13. The annual budget may be subject to an increase in assessment rates of no more than ten percent (10%) per year. The assessment funds will be supplemented by non -assessment funds (such as grants an d event income), so that the total budget for the initial year is estimated at $525,179.97.

Cost: The assessment rate (cost to the parcel owner) is based on parcel size and benefit zone.

The initial annual rate to each parcel is shown in the table below. Assessment rates may be subject to an increase of no more than ten percent (10%) per year for the second and third years of the renewed term and no more than five percent (5%) per year for the fourth through tenth years of the renewed term.

Initial Parcel Assessment Rates
Parcel Type Parcel Size (sq. ft.)
Benefit Zone Zone 1 Zone 2
Commercial $0.140 $0.045

Renewal: DTVPBID renewal requires submittal of petitions from property owners representing more than fifty percent (50%) of the total assessment. The “Right to Vote on Taxes Act” (also known as Proposition 218) requires a ballot vote in which more than fifty percent (50%) of the ballots received, weighted by assessment, be in support of the DTVPBID.

Duration: The DTVPBID will have a ten (10) year life beginning January 1, 2020 through December 31, 2029. Near the end of the term , the petition, ballot, and City Council hearing process must be repeated for the DTVPBID to again be renewed.

Management: The Downtown Visalia Property Owner's Association (the Association) will continue to serve as the Owners’ Association for the DTVPBID.
32 April 22, 2019
Downtown Visalia PBID Management District Plan Page 2
II. IMPETUS

There are several reasons why now is the time to renew the DTVPBID. The most compelling reasons are as follows.

1. The Need to be Proactive in Determining the Future of Downtown Visalia.

In order to protect their investment, parcel owners must be partners in the process that determines the level and frequency of services, and how new improvements and development projects are implemented. The DTVPBID will allow these owners to lead and shape future services and improvements through the DTVPBID.

2. The Need to Attract New Business and Investment throughout Downtown Visalia.

If Downtown Visalia is to compete as a successful commercial district it must develop its own well- financed, proactive strategy to retain businesses and tenants as well as attract new busin ess and investment. The DTVPBID provides the financial resources to develop and implement a focused strategy that will work to prevent and fill vacancies and attract new tenants to all areas of the DTVPBID.

3. An Opportunity to Create a Private/Public Partnership with a Unified Voice for Downtown Visalia.

Because parcel owners would be investing financial resources through the DTVPBID, they will be looked upon as a strong partner in negotiations with the City. This partnership will have the ability to leverage the parcel owner’s investment with additional public investment in Downtown Visalia.

4. An Opportunity to Establish Private Sector Management and Accountability.

A non-profit, private organization formed for the sole purpose of improving Downtown Visalia will manage the services provided and the DTVPBID. Annual DTVPBID work plans and budgets are developed by a board composed of stakeholders that own property in the Downtown Visalia.

Improvements and activities provided by the DTVPBID are subject to private sector performance standards, controls, and accountability.

33 April 22, 2019
Downtown Visalia PBID Management District Plan Page 3
III. BACKGROUND

The International Downtown Association estimates that more than 1,500 Property and Business Improvement Districts (PBIDs) currently operate throughout the United States and Canada. PBIDs are a time-tested tool for property owners who wish to come together and obtain collective services which benefit their properties.

PBIDs provide supplemental services in addition to those provided by local government. They may also finance physical and capital improvements. These improvements and activities are conce ntrated within a distinct geographic area and are funded by a special parcel assessment. Services and improvements are only provided to those who pay the assessment.

Although funds are collected by the local government, they are then directed to a priv ate nonprofit.

The nonprofit implements services and provides day-to-day oversight. The nonprofit is managed by a Board of Directors representing those who pay the assessment, to help ensure the services meet the needs of property owners and are responsive to changing conditions within the PBID.

PBIDs all over the globe have been proven to work by providing services that improve the overall viability of commercial districts, resulting in higher property values, lease rates, occupancy rates, and sales volumes.

The DTVPBID will be renewed pursuant to a state law that took effect in January of 1995. The “Property and Business Improvement District Law of 1994,” which was signed into law by Governor Pete Wilson, ushered in a new generation of Property and Business Improvement Districts in California. Key provisions of the law include:

 Allows a wide variety of services which are tailored to meet specific needs of assessed properties in each individual PBID;
 Requires property owner input and support throughout the renewal process;  Requires written support on both a petition and ballot from property owners paying fifty percent (50%) of proposed assessments;
 Allows for a designated, private nonprofit corporation to manage funds and implement programs, with oversight from property owners and the City;  Requires limits for assessment rates to ensure that they do not exceed the amount owners are willing to pay; and
 Requires the PBID be renewed after a certain time period, making it accountable to property owners.

The “Property and Business Improvement Business District Law of 1994” is provided in Appendix 2 of this document.

34 April 22, 2019
Downtown Visalia PBID Management District Plan Page 4
IV. ACCOMPLISHMENTS

During the previous term of the DTVPBID, the Downtown Visalia Property Owner's Association has achieved significant results for the benefit of assessed property owners within the DTVPBID.

Examples include:

 Upgraded and installed decorative lighting on 48 trees along Main Street. Decorative lights are maintained annually and removed and rehun g for tree maintenance every three years.
 LED light upgrade to Candy Cane Lane holiday lighting.  Removal of over 14,000 graffiti tags (1,650 annually).  Provision of 24/7 security services. There have been just under 25,000 call for service (3,000 annually) and 30,000 vagrant contacts.
 Landscaping improvements including a total revamp and enhancement of the Main Street corridor and converting to drip irrigation systems.  Pedestrian safety enhancements along the Main Street corridor.  Parking in-lieu fees designed to attract businesses to the DTVPBID.  Enclosure artwork improvements.
 DTVPBID maintenance programs.

In the next term of the DTVPBID, the Downtown Visalia Property Owner's Association envisions the following:

 Street light replacements in January 2020.
 Water infrastructure replacements along Main Street in January 2020.  Using Public Safety Planning grant funds to improve traffic flows, bicycle safety, and pedestrian safety throughout the DTVPBID.

35 April 22, 2019
Downtown Visalia PBID Management District Plan Page 5
V. BOUNDARIES

The DTVPBID generally includes parcels in the downtown area of the City of Visalia, as shown on the map below. The service area includes approximately 374 properties with 241 property owners. The DTVPBID boundary is illustrated by the map below. A larger map is available on r equest by calling (916)437-4300 or (800)999-7781.

36 April 22, 2019
Downtown Visalia PBID Management District Plan Page 6
VI. SERVICE PLAN & BUDGET

A. Improvements and Activities
The DTVPBID will provide supplemental improvements and activities that are above and beyond those provided by the City and other government agencies. None of the services to be provided by the DTVPBID are provided by the City or other government agencies. The improvements and activities will be provided directly and only to assessed parcels; they will not be provided to parcels that are not assessed. Each and every service is unique to the DTVPBID, thus the benefits provided are particular and distinct to each assessed parcel.

1. Environmental Enhancements
The environmental enhancement programs may include public safety patrols to support crime prevention and reduce the incidence of nuisance crimes, streetscape and landscape enhancements to make the DTVPBID more attractive, graffiti removal to provide a cleaner DTVPBID environment, and general DTVPBID maintenance including sidewalk sweeping and steam cleaning.

2. Economic Enhancements
The economic enhancement programs and incentives are designed to attract, grow, and incubate new businesses. DTVPBID economic enhancements programs will also include an in- lieu parking program to remove barriers to downtown development and promotions to improve the downtown image and invite customers to assessed parcels within the DTVPBID.

3. Administration
The administration portion of the budget will be utilized for administrative costs associated with providing the activities and improvements. Those costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses.

4. Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of the Owners’ Association. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the Board of Directors of the Owners’ Association. The reserve fund may be used for the costs of renewing the DTVPBID.

B. Annual Budget
A projected ten (10) year budget for the DTVPBID is provided below. The overall budget shall remain consistent with this Plan. In the event of a legal challenge, assessment funds may be used to defend the DTVPBID. The annual budget is based on the following assumptions and guidelines:

1. The cost of providing improvements and activities may vary depending upon the market cost for those improvements and activities. Expenditures may require adjustment up or down to continue the intended level of improvements and activities. The Association shall annually have the ability to re-allocate up to fifteen percent (15%) of the budget allocation by line item within the budgeted categories. Any change will be approved by the Association and submitted with the Annual Report.
37 April 22, 2019
Downtown Visalia PBID Management District Plan Page 7

2. Funds not spent in any given year may be rolled over to the next year.

3. The assessment rate may be subject to annual increases that will not exceed ten percent (10%) per year for the second and third years of the renewed term and will not exceed five percent (5%) per year for the fourth through tenth years of the renewed term . Increases will be determined by the Association and will vary each year. The projections below illustrate the maximum annual increase for all budget items.

4. Each budget category includes all costs related to providing that improvement, maintenance, or activity, in accordance with Generally Accepted Accounting Principles (GAAP). For example, the environmental enhancements budget includes the cost of staff time dedicated to overseeing and implementing environmental enhancements programs. Staff time dedicated purely to administrative tasks is allocated to the administration and advocacy portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories, as appropriate in accordance with GAAP. The staffing levels necessary to provide the DTVPBID improvements, maintenance, and activities will be determined by the Association on an as - needed basis.

C. Assessment Budget
The total improvement , maintenance, and activity budget for 2020 that is funded by property assessments is $500,291.13. In addition to the assessment revenue, the programs will be supplemented by non-assessment funds. The total of non -assessment funds, and the determination of special and general benefit, in included in the Engineer’s Report. The total of assessment and non -assessment funds is provided in Appendix 4. Below is an illustration of the estimated total asses sment budget allocations for each budget category for the ten (10) year life of the DTVPBID. The allocation of the assessment funds is governed by Section E below. Non -assessment funds may be shifted between budget categories as needed by the Association.

Environmental
Enhancements,
$375,218.35 , 75%
Economic
Enhancements,
$70,040.76 , 14%
Administration,
$40,023.29 , 8%
Contigency / Reserve,
$15,008.73 , 3%
Initial Year Assessment Budget - $500,291.13
38 April 22, 2019
Downtown Visalia PBID Management District Plan Page 8
D. Zone Assessment Budgets
Funds may only be spent on improvements , maintenance, and activities provided in the zone from which they funds were derived. The budget for 2020, broken down by zone, is below.

Benefit Zone Zone 1 Zone 2
Environmental Enhancements $266,100.24 $109,118.11
Economic Enhancements $49,672.04 $20,368.72
Administration $28,384.03 $11,639.26
Contingency / Reserve $10,644.01 $4,364.72
Zone Totals $354,800.32 $145,490.81

E. Annual Maximum Assessment Budget
The budget below assumes the maximum annual increase of ten percent (10%) per year for the second and third years of the renewed term and of five percent (5%) per year for the fourth through tenth years of the renewed term.is enacted and that there are no changes to the categorical budget allocations.

Year Environmental
Enhancements
Economic
Enhancements Administration Contingency /
Reserve Total
2020 $375,218.35 $70,040.76 $40,023.29 $15,008.73 $500,291.13 2021 $412,740.19 $77,044.84 $44,025.62 $16,509.60 $550,320.25 2022 $454,014.20 $84,749.32 $48,428.18 $18,160.56 $605,352.26 2023 $476,714.91 $88,986.79 $50,849.59 $19,068.59 $635,619.88 2024 $500,550.66 $93,436.12 $53,392.07 $20,022.02 $667,400.87 2025 $525,578.19 $98,107.93 $56,061.67 $21,023.12 $700,770.91 2026 $551,857.10 $103,013.33 $58,864.76 $22,074.28 $735,809.47 2027 $579,449.96 $108,163.99 $61,807.99 $23,177.99 $772,599.93 2028 $608,422.45 $113,572.19 $64,898.39 $24,336.89 $811,229.92 2029 $638,843.58 $119,250.80 $68,143.31 $25,553.74 $851,791.43 Total $5,123,389.59 $956,366.07 $546,494.87 $204,935.52 $6,831,186.05

39 April 22, 2019
Downtown Visalia PBID Management District Plan Page 9
VII. GOVERNANCE

A. Owners’ Association
The District shall be governed by the Downtown Visalia Property Owner's Association, with oversight from the Visalia City Council. The Downtown Visalia Property Owner's Association shall serve as the Owners’ Association described in the Streets and Highways Code §36651. The Board of Directors of the Association and its staff are charged with the day-to-day operations of the DTVPBID.

A majority of the Board of Directors of the Downtown Visalia Property Owner's Association must be parcel owners paying the DTVPBID assessment. The Board of Directors shall be composed as follows:
 Directors must represent diversity in property and business type, including both large and small property owners, as well as different uses within the DTVPBID boundaries including office, retail, hospitality, government, and non-profits;
 Directors will also include business owners who may not be property owners; and  Directors will also include representatives of both benefit zones.

B. Brown Act & Public Records Act Compliance
An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its Board of Directors or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association must act as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the Association Board of Directors and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners ’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.

C. Annual Report
The Association shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 2). The annual report is a prospective report for the upcoming year and must include:

1. Any proposed changes in the boundaries of the DTVPBID or in any benefit zones or classification of property within the district;

2. The improvements, maintenance, and activities to be provided for that fiscal year;

3. The estimated cost of providing the improvements, maintenance, and activities to be provided for that fiscal year;

4. The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year;

5. The estimated amount of any surplus or deficit revenues to be carried o ver from a previous fiscal year; and

6. The estimated amount of any contributions to be made from sources other than assessme nts levied pursuant to this Plan.

40 April 22, 2019
Downtown Visalia PBID Management District Plan Page 10
VIII. ENGINEER’S REPORT

The DTVPBID’s parcel assessments will be imposed in accordance with the provisions of Article XIIID of the California Constitution. Article XIIID provides that “only special benefits are assessable,”1 and requires the City to “separate the general benefits from the special benefits conferred on a parcel.” 2 Special benefits are a “particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public -at-large.”3 Conversely, a general benefit is “conferred on real property located in the district or to the public -at- large.”4 Assessment law also mandates that “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”5 The Engineer determined the total cost of the improvements, maintenance, and activities, quantified the general benefit accruing to the public -at-large and non -assessed parcels adjacent to and within the DTVPBID, and separated that amount from the special benefit accruing to the assessed parcels.

Then, the Engineer determined the proportional special benefit derived by each parcel and allocated the special benefit value of the improvements, maintenance, and activiti es accordingly. The Engineer’s determinations and detailed calculations are summarized in this report.

A. Separation of General and Special Benefits
Each of the improvements, maintenance, and activities, and the associated costs and assessments within the DTVPBID, were reviewed, identified, and allocated based on special and general benefits pursuant to Article XIIID of the California Constitution. The assessment has been apportioned based on the proportional special benefits conferred to the assessed parce ls located within the DTVPBID boundaries as determined below.

1. General Benefits
Unlike special benefits, which are conferred directly and only upon assessed parcels, a general benefit is conferred on the general public or non -assessed parcels. Existing City and other public services, which are provided to every person and parcel, everywhere within the City, are an example of a general benefit. Although the DTVPBID’s boundaries have been narrowly drawn and programs have been carefully designed to provide sp ecial benefits, and improvements, maintenance, and activities will only be provided directly to assessed parcels, it is acknowledged that there will be general benefits as a result of the DTVPBID’s improvements, maintenance, and activities.

The California Constitution mandates that “only special benefits are assessable, and an agency shall separate the general benefits from the special benefits.” 6 “Generally, this separation and quantification of general and special benefits must be accomplished by appor tioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits.” 7 The first step that must be undertaken to separate general and special benefits provided by the DTVPBID’s improvements, maintenance, and activities is to identify and quantify the general benefits. There are two bodies who can receive general benefits: the public- at-large within the DTVPBID, and non-assessed parcels surrounding the DTVPBID.

1 Cal. Const., art. XIII D, §4(a)
2 Cal. Const., art. XIII D, §4(a)
3 Id., §2(i)
4 Cal Const., art XIII D, §2(i)
5 Cal. Const., art. XIII D, §4(a)
6 Cal. Const., art XIII D, §4(a)
7 Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.App.4th 416 41 April 22, 2019
Downtown Visalia PBID Management District Plan Page 11
General Benefit to the Public-at-Large
Although the improvements, maintenance, and activities are narrowly designed and carefully implemented to specially benefit the assessed parcels, and only provided directly to assessed parcels, they will generate a general benefit to the public-at-large within the DTVPBID. State law indicates that “Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or perso ns not assessed.” 8 However, “the mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.”9 Further, “the value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance , or activities of a property -based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.”10 Thus, although there may be some incidental benefit to persons engaged in business on the assessed parcels, that incidental benefit is not considered general benefit because it is inherently produced by improvements, maintenance, and activities that provide special benefits to the assessed parcels. There is, however, a general benefit to persons not engaged in business on the assessed parcels.

Intercept surveys conducted in similar districts have found that approximately 97.3% of pedestrian traffic within PBID boundaries is engaged in business on assessed parcels, while the remaining approximately 2.7% is simply passing through and not engaging in business on the assessed parcels11.

The 2.7% of traffic passing through does not have any connection to the assessed parcels, and therefore does not represent a special benefit to the assessed parcels. The 2.7% will, however, receive a derivative and indirect general benefit as a result of the improvements, maintenance, and activities being provided in the District. Therefore, it is estimated that 2.7% of the benefit created by the District’s services is general benefit provided to the public -at-large. To ensure that the assessment dollars do not fund general benefits to the public -at-large, that portion of the cost of improvements, maintenance, and activities will be paid for with funds not obtained through assessments. Using the 2.7% figure, based on the initial year improvement, maintenance, and activity budget, the value of this general benefit to the public-at-large is $14,179.86 ($525,179.97*0.027).

General Benefit to Non-Assessed Parcels
Although they are only provided directly to the assessed parcels, the DTVPBID’s improvements, maintenance, and activities may also confer general benefits upon non -assessed parcels surrounding the DTVPBID. One study examining property values in PBID areas found “no evidence of spill - over impacts (either good or bad) on commercial properties located just outside the BID’s boundaries;”12 however, the California Court of Appeals has stated that “services specifically intended for assessed parcels concomitantly confer collateral general benefits to surrounding properties.”13 It is reasonable to conclude that improvements, maintenance, and activities within the DTVPBID will have an incidental impact on non -assessed parcels surrounding the DTVPBID boundaries. Alt hough the legislature has indicated that “the value of any incidental , secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property -based

8 Streets and Highways Code section 36601(h)(2)
9 Ibid
10 Streets and Highways Code section 36622(k)(2)
11 Surveys conducted in: North Park, San Diego (January 2015); Mack Road, Sacramento (July 2014); and Sunrise MarketPlace, Citrus Heights (December 2013)
12 Furman Center for Real Estate & Urban Policy; The Impact of Business Improvement Districts on Property Values: Evidence from New York City (2007) p. 4
13 Beutz v. Riverside (2010) 184 Cal.App.4th 1516
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Downtown Visalia PBID Management District Plan Page 12
district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit,” 14 the California Court of Appeals has noted that “the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement…or receives an indirect, d erivative advantage resulting from the overall public benefits of the improvement.” 15 Those derivative and indirect impacts are considered general benefits and will be quantified and separated.

In this Engineer’s opinion, because improvements, maintenance, and activities are provided only within the DTVPBID and on its perimeter, parcels separated from the DTVPBID by either at least one intervening parcel or an impassable physical barrier such as a wall, railroad track, freeway, or ditch will not receive sp ill over benefits. Parcels separated from the DTVPBID will not benefit because they are physically removed from the actual location of improvements, maintenance, and activities provided, and do not face serviced parcels. Therefore, this analysis consider s non-assessed surrounding parcels that are immediately adjacent to and accessible from the DTVPBID’s boundaries.

The total DTVPBID improvement, maintenance, and activity budget for the first year is $ 525,179.97.

After reducing the improvement, maintenance, and activity budget by the general benefit to the public-at-large ($14,179.86), the remaining benefit to parcels is $ 511,000.11. This benefit has been distributed to both assessed and non-assessed parcels using the following methodology. The general benefit to the public -at-large has been proportionally allocated to the DTVPBID’s improvement, maintenance, and activity categories as shown in the following table.

Category Benefit to Parcels Benefit to
Public-at-Large Total
Environmental Enhancements $383,695.86 $10,647.27 $394,343.13 Economic Enhancements $71,094.24 $1,972.81 $73,067.05
Administration; Contingency/Reserve $56,210.01 $1,559.78 $57,769.79 TOTAL $511,000.11 $14,179.86 $525,179.97

To determine the general benefit to parcels, the Engineer assigned each parcel group a benefit factor, determined the appropriate parcel characteristic to use in the calculation, multiplied the benefit factor by the benefit characteristic to determine the benefit units attributable to each parcel group, and apportioned the remaining service cost (service cost minus general benefit to the public) in accordance with the benefit units derived by each parcel group.

Benefit Factors
All parcels within and adj acent to the DTVPBID have been assigned a benefit factor to mathematically represent the proportional special and general benefit and quantify the value of each.

The determination of benefit factors for each type of improvement, maintenance, and activity follows.

Improvements
The improvements to be provided by the DTVPBID provide two types of special benefits:

14 Streets and Highways Code section 36622(k)(2)
15 Tiburon v. Bonander (2009) 180 Cal.App.4th 1057, 1077 43 April 22, 2019
Downtown Visalia PBID Management District Plan Page 13
Improvement – The primary special benefit provided by the DTVPBID’s improvements is the improvements themselves, which are available to tenants and customers of assessed parcels.

Proximity – The DTVPBID’s improvements also provide the special benefit of being in proximity to a parcel that is benefitting from an improv ement, as parcels will enjoy the spillover benefits of neighboring parcels utilizing the improvements.

The majority of the benefit is the improvements themselves; proximity is a lesser benefit. It is this Engineer’s estimation that eighty -five percent ( 85%) of the special benefit from the DTVPBID’s improvements is the improvement, while the presence and proximity special benefits each account for fifteen percent (15%) of the special benefit. Assessed parcels will receive both benefits; non - assessed parcels within and adjacent to the DTVPBID will not be directly improved, and therefore only receive the general benefit of proximity.

Tangible Activities
The tangible activities (those that are physically provided via a person or people working throughout the DTVPBID) to be provided by the DTVPBID generate three types of special benefits:

Service – The primary special benefit provided by the DTVPBID’s physical activities is the actual service.

Presence – The DTVPBID’s physical activities also provide the special benefit of an individual’s presence on the assessed parcel as the activities are provided, which can have a deterrent effect and creates a positive impression that the area is well -maintained and safe.

The “Disneyland effect” is the benefit the parcels receive from the observation that parcels are being maintained. There are studies which link the perception of cleanliness to a perception of increased security.

Proximity – The DTVPBID’s physical activities also provide the special benefit of being in proximity to a cleaner, safer parcel. Neighboring parcels enjoy the spillover benefits of being adjacent to increased safety and cleanliness.

The majority of the benefit received by the parcels is the result s of the DTVPBID’s services; onsite presence and proximity are lesser benefits. It is this Engineer’s estimation that seventy -five percent (75%) of the special benefit from the DTVPBID’s physical activities is the service, while the presence and proximity benefits each account for twelve and one -half percent (12.5% presence,

12.5% proximity) of the special benefit. Assessed parcels will receive all three benefits; non -assessed parcels within and adjacent to the DTVPBID will not be directly serviced by individuals present on the parcels and therefore only receive the general benefit of proximity.

Intangible Activities
Some of the DTVPBID’s activities, such as marketing, are distinct in that they are not provided to a targeted area within the DTVPBID, rather they are provided via Internet, radio, and other forms of media and targeted at an audience outside the DTVPBID in an effort to bring the audience into the DTVPBID. These activities provide two types of special benefits:

Direct Exposure – The primary special benefit provided by the DTVPBID’s intangible activities is exposure. The intangible activities increase awareness of the DTVPBID as a commercial and business destination and lead to increased patronage.

Incidental Exposure – The DTVPBID’s intangible activities will also have a secondary special benefit of incidental exposure, such as word -of-mouth exposure, that results from the direct 44 April 22, 2019
Downtown Visalia PBID Management District Plan Page 14
exposure and increases awareness of the DTVPBID as a commercial and business destination.

The majority of the benefit from these activities is the direct exposure; the incidental exposure is a lesser benefit. It is this Engineer’s estimation that ninety percent (90%) of the special benefit from the intangible activities is direct exposure, while ten perc ent (10%) is incidental exposure. Assessed parcels will receive both as special benefits; non -assessed parcels within and adjacent to the DTVPBID will not be directly marketed and therefore only receive the general benefit of incidental exposure.

Factors Determined
Based on the foregoing analysis, all assessed parcels within the DTVPBID specially benefit from the DTVPBID’s improvements, maintenance, and activities, and have been assigned a benefit factor of

1.0. Parcels that are not assessed have been assigned benefit factors based on the portion of the benefit they will receive, as described above. The non -assessed parcels will benefit from 15% of the improvements, 12.5% of the tangible activities , and 10% of the intangible activities ; therefore they have been assigned benefit factors of 0.150, 0.125, and 0.100, respectively.

Non-Assessed Benefit Characteristics
There are two types of parcels that are not assessed; those within the DTVPBID and those immediately adjacent to and accessible from the DTVPBID. Because they generally benefit in a differing manner, distinct parcel characteristics are used to quantify the general benefit to each type.  Inside – Non-assessed parcels inside of the DTVPBID are surrounded by parcels that are assessed and receiving the full special benefits; they will, therefore, receive the general benefit of proximity. These parcels are impacted on more than one side by the DTVPB ID’s improvements, maintenance, and activities and improvements, maintenance, and activities are provided all around them. Because these parcels are surrounded by specially benefitted parcels, it is appropriate that parcel square footage be used to measur e the general benefit they receive.
 Adjacent – Adjacent parcels are those that are immediately adjacent to or directly across the street from specially benefitted parcels, and accessible from specially benefitted parcels.

These parcels generally benefit differently than those inside the DTVPBID, because these parcels are adjacent to, rather than surrounded by, specially benefitted parcels. Square footage is not an appropriate measure of benefit to these parcels. Because the parcels are not surrounded by serviced parcels, a long, shallow parcel with the same square footage as a deep, narrow parcel will receive a different level of general benefit. Likewise, two parcels with the same depth but a different width adjacent to serviced parcels will benefit differently.

To account for this difference, it is appropriate that parcel linear frontage be used to measure the general benefit the adjacent parcels receive.

Calculations
To quantify and separate the general benefit to non -assessed parcels, the following calculations were undertaken for each budget category.

1. The total service budget for each category was determined and the amount of general benefit to the public-at-large was subtracted from the category budget.

2. The benefit factor applicable to each improvement, maintenance, or activity was multiplied by the linear frontage of assessed and non -assessed parcels, to determine the number of benefit units received by each parcel group. 45 April 22, 2019
Downtown Visalia PBID Management District Plan Page 15

3. The benefit units for all parcel groups were summed, and the percent age of benefit units attributable to each parcel group was calculated.

4. The total remaining improvement, maintenance, and activity budget, less the amount already determined to be general benefit to the public -at-large, was allocated to general and special benefit categories for each parcel group using the calculated benefit percent and applicable benefit characteristic methodology.

5. The special and general benefit r esulting from the administration and contingency / reserve portions of the budget were deter mined based on the proportional allocation of benefits derived from improvements, maintenance, and activities.

Environmental Enhancements
The environmental enhancements budget, minus the amount of general benefit to the public -at- large, is $ 383,695.86. The calculations below determine the amount of general benefit to non - assessed parcels within the DTVPBID. The environmental enhancements budget category contains both improvements and tangible activities; out of an abundance of caution, the Engineer u sed the higher 0.150 benefit factor to quantify the general benefit.

Parcel Type
Square
Footage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Assessed 5,767,417 X 1.000 =5,767,417.00 99.428% X $383,695.86 = $381,502.67 Non-Assessed 221,039 X 0.150 =33,155.85 0.572% X $383,695.86 = $2,193.19

The environmental enhancements budget, minus the amount of general benefit to the public and non-assessed parcels within the DTVPBID, is $ 381,502.67. The calculations below determine the amount of general benefit to parcels adjacent to the DTVPBID.

Parcel Type
Linear
Frontage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Inside 95,991 X 1.000 =95,991.00 98.353% X $381,502.67 = $375,218.35 Adjacent 10,718 X 0.150 =1,607.70 1.647% X $381,502.67 = $6,284.32

Therefore, the allocation of the environmental enhancements budget is as follows:

General Benefit – Public At Large $10,647.27
General Benefit – Inside Parcels $2,193.19
General Benefit – Adjacent Parcels $6,284.32
Special Benefit $375,218.35
Total $394,343.13

Economic Enhancements
The economic enhancements budget, minus the amount of general benefit to the public -at-large, is $71,094.24. The calculations below determine the amount of general benefit to non -assessed parcels within the DTVPBID. The economic enhancements budget category contains intangible activities; the Engineer used the 0.100 benefit factor to quantify the general benefit. 46 April 22, 2019
Downtown Visalia PBID Management District Plan Page 16
Parcel Type
Square
Footage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Assessed 5,767,417 X 1.000 =5,767,417.00 99.618% X $71,094.24 = $70,822.81 Non-Assessed 221,039 X 0.100 =22,103.90 0.382% X $71,094.24 = $271.43

The economic enhancements budget, minus the amount of general benefit to the public and non - assessed parcels within the DTVPBID, is $70,822.81. The calculations below determine the amount of general benefit to parcels adjacent to the DTVPBID.

Parcel Type
Linear
Frontage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Inside 95,991 X 1.000 =95,991.00 98.896% X $70,822.81 = $70,040.76 Adjacent 10,718 X 0.100 =1,071.80 1.104% X $70,822.81 = $782.05

Therefore, the allocation of the economic enhancements budget is as follows:

General Benefit – Public At Large $1,972.81
General Benefit – Inside Parcels $271.43
General Benefit – Adjacent Parcels $782.05
Special Benefit $70,040.76
Total $73,067.05

Administration; Contingency / Reserve
The administration and contingency / reserve budget line items relate to the improvements, maintenance, and activities provided. These costs have been allocated proportionally based on the special and general benefit provided by each category.

Special Benefit to
Parcels
General Benefit
to Parcels
Environmental Enhancements $375,218.35 $8,477.51
Economic Enhancements $70,040.76 $1,053.48
Improvement, Maintenance, and Activity Totals $445,259.11 $9,530.99 Percent 97.904% 2.096%
Administration; Contingency / Reserve $55,032.02 $1,177.99 Total Parcel Benefits $500,291.13 $10,708.98

iv. Total Benefits
Based on the foregoing calculations, the total benefits to assessed parcels, non -assessed parcels, and the general public are:

Special Parcel General Public Total
Environmental Enhancements $375,218.35 $8,477.51 $10,647.27 $394,343.13 47 April 22, 2019
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Economic Enhancements $70,040.76 $1,053.48 $1,972.81 $73,067.05 Administration;
Contingency / Reserve $55,032.02 $1,177.99 $1,559.78 $57,769.79 Total $500,291.13 $10,708.98 $14,179.86 $525,179.97
c. Non-Assessment Funding
The programs funded by the DTVPBID receive additional non -assessment funding in the form of city funding, grants, corporate sponsorships, event income, and other miscellaneous funds. These funding sources are anticipated to equal or exceed the amount of general benefit conferred an nually by the DTVPBID’s improvements, maintenance, and activities, $ 24,888.84. These non -assessment funds will be used to pay for the general benefit provided by the DTVPBID’s improvements, maintenance, and activities, ensuring that parcel assessments wil l only be used to provide special benefits.

2. Special Benefit
The improvements, maintenance, and activities to be provided by the DTVPBID constitute and convey special benefits directly to the assessed parcels. Assessment law requires that “the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided.” 16 Further, “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” 17 Special benefit “includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed.”18 To determine the total special benefit value to be conveyed to the assessed parcels, we deduct the general benefit value ($ 24,888.84) from the total value of the improvements, maintenance, and activities ($525,719.97). The remaining $500,291.13 is considered the special benefit to assessed parcels (the “Total Assessment”). The Total Assessment represents the total value of the special benefit to be provided by the improvements, maintenance, and activities. The Total Assessment has been proportionally divided among the assessed parcels so that no assessment exceeds the reasonable cost of the proportional special benefit conferred on a parcel. The assessment rate has been designed to ensure that “properties that receive the same propo rtionate special benefit pay the same assessment.”19

Service Provided
Total Benefit
Value
General
Benefit
Value to
Public
Benefit Value
to Parcels
(Special &
General)
Special Benefit
to Assessed
Parcels
Environmental Enhancements $394,343.13 $10,647.27 $383,695.86 $375,218.35 Economic Enhancements $73,067.05 $1,972.81 $71,094.24 $70,040.76 Administration $42,014.40 $1,134.39 $40,880.01 $40,023.29

16 Cal. Const., art XIII D §4(a)
17 Ibid
18 Streets and Highways Code section 36615.5
19 Tiburon v. Bonander (2009) 180 Cal.App.4th 1057
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Contingency / Reserve $15,755.39 $425.39 $15,330.00 $15,008.73 TOTAL $525,179.97 $14,179.86 $511,000.11 $500,291.13

B. Assessment Methodology

1. Base Formula
Each parcel will be assessed based on proportional special benefits received. The variables used for the annual assessment formula are parcel size and benefit zone . These variables are appropriate measures of the proportional special benefit because the need for services, level of services, and quantity of services are all relative to these variables; thus the special benefit provided to each parcel by the services can be proportionally measured using these variables.

Determination of Assessment Rates
“Because not all parcels in the district are identical in size…some will receive more special benefit than others.” 20 Each of the variables used relates directly to the servi ce level and special benefit provided to each parcel. Parcel square footage is the size of the parcel, measured in square feet.

Size is an appropriate measure of proportional special benefit because it relates directly to the quantity of services provided to the parcel, the highest and best use of a parcel, and reflects the long- term value implications of the DTVPBID. The larger a parcel, the more services and benefit the parcel will receive.

To determine the assessment rates, the assessed parcels wer e classified by the estimated benefit assessed parcels receive, the estimated special benefit value of the improvements, maintenance, and activities provided to each type was determined based on approximate cost of service provision, and an assessment rate that is proportional to the estimated proportional benefit received by assessed parcels was determined.

To determine the assessment rates, the estimated special benefit value for assessed parcels was divided by the total assessable parcel square footage as shown in the tables below.

Parcel Size
The DTVPBID’s services will benefit each assessed parcel as a whole. The service budget which, in this Engineer’s estimation, represents special benefits to the parcels, has been allocated based on parcel size.

Parcel Type Initial Parcel
Size Budget
Parcel Square
Footage
Initial Parcel
Assessment
Rate
($/sqft/yr)
Zone 1 Commercial $354,800.32 ÷ 2,534,288 = $0.1400
Zone 2 Commercial $145,490.81 ÷ 3,233,129 = $0.0450

Summary of Assessment Rates
Therefore, for the initial year, the maximum annual assessment rates to parcels are as shown below and in Appendix 1. Maximum annual assessment rates may be subject to an increase of no more than ten percent (10%) per year for the second and third years of the renewed term and no more than five percent (5%) per year for the fourth through tenth years of the renewed term, as shown in Appendix 1.

20 Dahms v. Downtown Pomona (2009) 174 Cal.App.4th 708
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Initial Parcel Assessment Rates
Parcel Type Parcel Size
(sq. ft.)
Zone 1 Commercial $0.1400
Zone 2 Commercial $0.0450

Sample assessment calculations are shown in Appendix 3.

2. Commercial Parcels
Commercial parcels will receive and benefit from all DTVPBID services, and will therefore be assessed the full rate.

3. Publicly-Owned Parcels
Under “The Right to Vote on Taxes Act” (also known as Proposition 218) all public parcels are required to pay assessments unless they can demonstrate by clear and convincing evidence that their parcels do not receive a special benefit. Publicly owned parcels will receive and specially benefit from all of the District’s services and will therefore be assessed the full rate.

4. Non-Assessed Parcels
There are twenty-six (26) parcels within the DTVPBID that will not be assessed. These parcels are not commercial or publicly -owned parcels and will not specially benefit from or directly receive the DTVPBID’s improvements, maintenance, and activities. These parcels are accounted for in the analysis of general benefit provided to non -assessed parcels within the DTVPBID. These parcels h ave the following uses:

 Residential Parcels: There are twenty-four (24) residential parcels within the DTVPBID boundary that will not be assessed. The state legislature has determined that “properties zoned solely for residential use...are conclusively presumed not to benefit from the improvements and services funded through these assessments, and shall not be subject to any assessment.”.21 The services and improvements to be provided are designed t o specially benefit commercial and publicly-owned parcels by attracting and increasing customers and visitors to assessed parcels and by improving the maintenance and safety of the assessed parcels. None of these benefits apply to residential parcels, which will not be serviced or benefit from the DTVPBID’s improvements, maintenance, and activities. Residential parcels are those parcels with four family units or less and planned unit development of single family residences.  Utility Parcel: There is one (1) parcelized railroad track within the DTVPBID boundary that will not be assessed. The vast majority of railroad tracks are not parcelized; this parcel is an oddity. Because the vast majority of railroad tracks are not parcelized and cannot be assessed, and will not receive or benefit from DTVPBID programs, this railroad track parcel is also not assessed.
 Miscellaneous Parcel: There is one (1) parcel that is a pedestrian thoroughfare and does not have a commercial component. The vast majority of pedestrian thoroughfares are not parcelized; this parcel is an oddity. Because the vast majority of pedestrian thoroughfares are not parcelized and cannot be assessed, and will not receive or benefit from DTVPBID programs, this pedestrian thoroughfare parcel is also not assessed.

21 Streets and Highways Code section 36632(c)
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5. Changes in Data
It is the intent of this Plan and Engineer’s Report that each parcel included in the DTVPBID can be clearly identified. Every effort has been made to ensure that all parcels included in the DTVPBID are consistent in the boundary map and the assessment calculation table. However, if inconsistencies arise, the order of precedence shall be: 1) the assessment calculation table and 2) the boundary map.

If the parcel size or type of a parcel changes during the term of this DTVPBID, the assessment calculation may be modified accordingly.

C. Assessment Notice
During the hearing process, an Assessment Ballot will be sent to owners of each parcel in the DTVPBID. The Assessment Ballot provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if the parcel square footage or parcel type differ from those used to calculate the amount shown on the notice, which can be found in Appendix 3.

D. Time and Manner for Collecting Assessments
As provided by State Law, the DTVPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Tulare. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The County of Tulare shall distribute funds collected to the Association. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the DTVPBID assessments.

E. Engineer’s Certification
I hereby certify, to the best of my knowledge and experience, that each of the identified assessed parcels located within the Downtown Visalia Property and Business Improvement District will receive a special benefit over and above the general benefits con ferred and that the amount of the assessment is no greater than the proportional special benefits conferred on each parcel, as described in this Engineer’s Report.

Review of this Downtown Visalia Property and Business Improvement District Management District Plan and preparation of the Engineer’s Report was completed by:

__________________________
Ross Peabody
State of California

__________
Date

This Engineer’s Report is intended to be distributed as part of the Management District Plan in its entirety, including the Assessment Calculation Table (Appendix 3) and the Boundary Map. Reproduction and distribution of only Section VIII of this Management District Plan violates the intent of this stamp and signature.

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APPENDIX 1 – MAXIMUM ANNUAL ASSESSMENT RATES

The table below illustrates the maximum annual assessment rate with the assumption that the rates will be increased annually by ten percent (10%) per year for the second and third years of the renewed term and by five percent (5%) per year for the fourth through tenth years of the renewed term with approval of the Association Board of Directors. The maximum rates listed are a required disclosure and not the anticipate course of action.

Maximum Parcel Assessment Rates
Year Benefit Zone Commercial
2020 Zone 1 $0.140
Zone 2 $0.045
2021 Zone 1 $0.154
Zone 2 $0.050
2022 Zone 1 $0.169
Zone 2 $0.054
2023 Zone 1 $0.178
Zone 2 $0.057
2024 Zone 1 $0.187
Zone 2 $0.060
2025 Zone 1 $0.196
Zone 2 $0.063
2026 Zone 1 $0.206
Zone 2 $0.066
2027 Zone 1 $0.216
Zone 2 $0.069
2028 Zone 1 $0.227
Zone 2 $0.073
2029 Zone 1 $0.238
Zone 2 $0.077

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APPENDIX 2 – PBID LAW

*** THIS DOCUMENT IS CURRENT THROUGH THE 2019 SUPPLEMENT *** (ALL 2018 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994

CHAPTER 1. General Provisions

ARTICLE 1. Declarations

36600. Citation of part

This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.”

36601. Legislative findings and declarations; Legislative guidance

The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. 53 April 22, 2019
Downtown Visalia PBID Management District Plan Page 23
(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.

36602. Purpose of part

The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act.

This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.

36603. Preemption of authority or charter city to adopt ordinances levying assessments

Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).

36603.5. Part prevails over conflicting provisions

Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.

36604. Severability

This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions

36606. “Activities”

“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.

36606.5. “Assessment”

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Downtown Visalia PBID Management District Plan Page 24
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.

36607. “Business”

“Business” means all types of businesses and includes financial institutions and professions.

36608. “City”

“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California.

36609. “City council”

“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part.

36609.4. “Clerk”

“Clerk” means the clerk of the legislative body.

36609.5. “General benefit”

“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.

36610. “Improvement”

“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.

36611. “Management district plan”; “Plan”

“Management district plan” or “plan” means a proposal as defined in Section 36622.

36612. “Owners’ association”

“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for 55 April 22, 2019
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any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district.
36614. “Property”

“Property” means real property situated within a district.

36614.5. “Property and business improvement district”; “District”

“Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.

36614.6. “Property-based assessment”

“Property-based assessment” means any assessment made pursuant to this part upon real property.

36614.7. “Property-based district”

“Property-based district” means any district in which a city levies a property-based assessment.

36615. “Property owner”; “Business owner”; “Owner”

“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient.

36615.5. “Special benefit”

“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.

36616. “Tenant”

“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law

36617. Alternate method of financing certain improvements and activities; Effect on other provisions

This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
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36620. Establishment of property and business improvement district

A property and business improvement district may be established as provided in this chapter.

36620.5. Requirement of consent of city council

A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.

36621. Initiation of proceedings; Petition of property or business owners in proposed district

(a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.

36622. Contents of management district plan

The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 57 April 22, 2019
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36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.
(d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel.

Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council.

36623. Procedure to levy assessment

(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the 58 April 22, 2019
Downtown Visalia PBID Management District Plan Page 28
owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.

36624. Changes to proposed assessments

At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627.

36625. Resolution of formation

(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

Notwithstanding the foregoing, improvements and activities that must be provided outside the district 59 April 22, 2019
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boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.

36627. Notice and assessment diagram

Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625 or Section 36626, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part.

36628. Establishment of separate benefit zones within district; Categories of businesses

The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.

36628.5. Assessments on businesses or property owners

The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property-based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622.

36629. Provisions and procedures applicable to benefit zones and business categories

All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district.

36630. Expiration of district; Creation of new district

If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments

36631. Time and manner of collection of assessments; Delinquent payments

The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.

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36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property

(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.

36633. Time for contesting validity of assessment

The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.

36634. Service contracts authorized to establish levels of city services

The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed.

36635. Request to modify management district plan

The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter.

36636. Reflection of modification in notices recorded and maps

(a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.

36637. Reflection of modification in notices recorded and maps

Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. 61 April 22, 2019
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CHAPTER 3.5. Financing

36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments

(a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance

36650. Report by owners’ association; Approval or modification by city council

(a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 62 April 22, 2019
Downtown Visalia PBID Management District Plan Page 32

36651. Designation of owners’ association to provide improvements, maintenance, and activities

The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

CHAPTER 5. Renewal

36660. Renewal of district; Transfer or refund of remaining revenues; District term limit

(a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses.
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment

36670. Circumstances permitting disestablishment of district; Procedure

(a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.

36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district

(a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property 63 April 22, 2019
Downtown Visalia PBID Management District Plan Page 33
or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

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APPENDIX 3 – PARCEL ASSESSMENT CALCULATIONS

MAP

KEY APN OWNER NAME LOT SIZE ASSESSMENT ZONE
1 093-175-007 VAN RYN JONATHAN A & NIKKI M (TRS) 17161 $772.25 2 2 093-175-009 MINYARD DAVID & LYNN A 6098 $274.41 2
3 093-175-010 LOMELLI MARIA C 11267 $0.00 2
4 093-176-003 ALI KARIM K 16428 $739.26 2
5 093-176-005 VINTAGE PRESS INC 7125 $320.63 2
6 093-181-001 FABRIE JERRY & EVELYN 7314 $329.13 2
7 093-181-006 KITCHEN WILLIAM R & JUDIETH K 8712 $0.00 2 8 093-181-007 PRICE & PRICE OPTOMETRISTS 6079 $273.56 2 9 093-181-008 RODARTE ELPIDIO 6161 $277.25 2
10 093-181-009 KWONG CARINA KAR MAY 5137 $231.17 2
11 093-181-012 TAYS ROBERT C (TR) 15688 $705.96 2
12 093-181-014 RICO CHARLES L JR & VIRGINIA A(TRS) 17548 $789.66 2 13 093-181-015 PETERS JOHN & SUZETTE 5877 $264.47 2
14 093-181-016 FARLEY MICHAEL & DIANE 25609 $1,152.41 2 15 093-181-017 CANERDAY CHAD 13700 $616.50 2
16 093-181-018 PETERS JOHN & SUZETTE 13385 $602.33 2
17 093-181-019 KITCHEN ERIC ALLEN 15924 $716.58 2
18 093-181-020 UNION PACIFIC RAILROAD CO 15611 $0.00 2 19 093-183-002 CARY KAREN ANN(TR)(CREDIT SHELTER T 7695 $346.28 2 20 093-183-003 CARY KAREN ANN (TR)(CREDIT SHELTER 10125 $455.63 2 21 093-183-006 BARRON RITA S & RICHARD B 8844 $397.98 2 22 093-183-010 J & P WALNUTS LP 8844 $397.98 2
23 093-183-011 VINTAGE PRESS INC 18348 $825.66 2
24 093-183-012 PARENTING NETWORK INC 17292 $778.14 2
25 093-184-003 INKSTER PATRICK J (TR) 8068 $0.00 2
26 093-184-004 MILLER WARREN BENTON II(TR)(WBM II 8712 $392.04 2 27 093-184-007 TRALEIKA LLC 7060 $317.70 2
28 093-184-008

TMSTERS CRMRY EMPS & DRVRS UN
#517 5990 $269.55 2
29 093-184-009 BROADMAN HOWARD R(TR)(LIV TR) 5034 $226.53 2 30 093-184-010 MILLER DAVID & BEVERLY (CO-TRS)(REV 2394 $107.73 2 31 093-184-011

EVANS EDWARD D & BRENDA
K(TRS)E&BE 12273 $552.29 2
32 093-184-012 MENDOZA MARIO & MANDI L 8500 $0.00 2
33 093-184-013 ELITE LIMOUSINE CA GP 7634 $343.53 2
34 093-185-003 TSCHANNEN BRUCE 8712 $392.04 2
35 093-185-004 CHAN JASON 8118 $365.31 2
65 April 22, 2019
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36 093-185-005 VISALIA CITY OF 8118 $1,136.52 1
37 093-185-006 VISALIA CITY OF 8118 $1,136.52 1
38 093-185-016 VINTAGE PRESS INC THE 15870 $2,221.80 1 39 093-185-017 VINTAGE PRESS INC THE 17388 $782.46 2
40 093-186-001 R H C ASSOCIATES 69791 $3,140.60 2
41 093-187-001 JV-KC REAL ESTATE PROPERTIES 7924 $0.00 2 42 093-187-002 HERFURTH JAMES R & SHIRLEY F (TRS) 9508 $427.86 2 43 093-187-003 HERFURTH JAMES R & SHIRLEY F (TRS) 8714 $392.13 2 44 093-187-004 JV-KC REAL ESTATE PROPERTIES 8717 $0.00 2 45 093-187-011 JVKC REAL ESTATE PARTNERSHIP 11480 $516.60 2 46 093-187-012 LEAL ROBERT & STACY 13782 $620.19 2
47 093-187-013 JVKC REAL ESTATE PARTNERSHIP 9588 $431.46 2 48 093-188-001

MC CULLOUGH WILLIAM A JR &
ESPERANZ 6570 $295.65 2
49 093-188-002 HILL CLARENCE H (TR) (REV TR) 6678 $300.51 2 50 093-188-003 HILL CLARENCE H (TR) (REV TR) 6678 $300.51 2 51 093-188-004 HILL CLARENCE (TR) (REV TR) 6678 $300.51 2 52 093-188-005 LEDFORD DIANE F & MERL III(TRS FAM 6678 $300.51 2 53 093-188-006 VOONG CALVON MD 6678 $300.51 2
54 093-188-007 RAIBLEY JOHN C & BARBARA J(TRS)(REV 6678 $300.51 2 55 093-188-010 SPRAGUE KEITH M & DARLENE M 6448 $290.16 2 56 093-188-011

GROEN GREGORY D & MARJORIE
JOANNE ( 13356 $601.02 2
57 093-191-001 CELILLO DON G (TR) 6552 $294.84 2
58 093-191-002 CELILLO DON G (TR) 6678 $300.51 2
59 093-191-003 CELILLO DON G (TR) 6678 $300.51 2
60 093-191-009 CELILLO DON G (TR) 6678 $300.51 2
61 093-191-010 CELILLO DON G(TR) 6678 $300.51 2
62 093-191-011 CELILLO DON G (TR) 6552 $294.84 2
63 093-191-012 WEST AMERICA BANK 13356 $601.02 2
64 093-191-013 MC INTOSH FAMILY LP 13356 $601.02 2
65 093-192-001 SAMUEL MARGUERITE(TR)(M S LIV TR) 8712 $392.04 2 66 093-192-002 LUISI STEVEN D & SHARON L (TRS) 8712 $392.04 2 67 093-192-003 PRO DEVELOPMENT LLC 17424 $784.08 2
68 093-192-004 NASH LIMITED PARTNERSHIP 8712 $392.04 2 69 093-192-005 PETERSON PAUL STANLEY & MONICA 8712 $392.04 2 70 093-192-006 LUISI STEVEN D & SHARON L (TRS) 8712 $392.04 2 71 093-192-007 SCHNEIDER GERALD M & NANCY L(TRS) 8712 $392.04 2 72 093-193-001 SA SUZANNE & LESLIE 8712 $392.04 2
73 093-193-007 VISALIA MEMORIAL DISTRICT 26136 $1,176.12 2 66 April 22, 2019
Downtown Visalia PBID Management District Plan Page 36
74 093-193-010 MILLER PRESTON 12936 $582.12 2
75 093-193-014 GHS PROPERTIES 13200 $594.00 2
76 093-193-015 VALLEY OAK CREDIT UNION 7260 $326.70 2
77 093-194-002 WHITLATCH LYMAN W & CLARE (TRS) 5357 $749.98 1 78 093-194-012 ARAGON LLC 11088 $1,552.32 1
79 093-194-013 REGENCY INVESTMENTS GP 8220 $1,150.80 1 80 093-194-014 REGENCY INVESTMENTS GP 2868 $401.52 1
81 093-194-016 DOE RUSSELL M & TAMARA J (TRS)(CH R 15708 $2,199.12 1 82 093-194-019 PERRY DANIEL M (TR) 5544 $776.16 1
83 093-194-021 MARTIN & MARTIN PROPERTIES LLC 16016 $2,242.24 1 84 093-195-001 OUZOUNIAN INVESTMENTS I 25700 $3,598.00 1 85 093-195-005 SUNCREST BANK 17381 $2,433.34 1
86 093-195-006 SUNCREST BANK 24400 $3,416.00 1
87 093-196-001 ANUPA INC 17424 $784.08 2
88 093-196-011 NASH PROPERTIES LLC 26136 $1,176.12 2
89 093-196-015 MACKLIN KAREN L 4914 $221.13 2
90 093-196-016 MACKLIN KEVIN A 3777 $169.97 2
91 093-196-017 KENT STEPHEN F & MARCIA N (TRS) 8712 $392.04 2 92 093-196-018 YEHYA NASSER AHMED 8712 $392.04 2
93 093-197-003 VALLEY BUSINESS BANK 3300 $148.50 2
94 093-197-005 BINESH BORNA 5742 $258.39 2
95 093-197-006

SIMONIAN THOMAS & CYNTHIA (TRS S
LI 2970 $133.65 2
96 093-197-007

COPPOLA GARY A(SCSR TR)(VMC REV
TR) 14111 $635.00 2
97 093-197-008 VALLEY BUSINESS BANK 43560 $1,960.20 2
98 093-198-001 VISALIA CITY OF 12600 $567.00 2
99 093-198-002 DOUGHERTY LISA M 6360 $286.20 2
100 093-198-003 ALLEN DAVID E & JAMIE E 6360 $286.20 2 101 093-198-004 EVANS BRUCE L & CYNTHIA R(TRS)(B&CE 6360 $286.20 2 102 093-198-007 MANGINI PROPERTIES FAMILY LP 6784 $305.28 2 103 093-198-008 COHN DAVID & CARYL (TR) 6430 $289.35 2 104 093-198-009 WAGNER SUSAN ALDRICH 6990 $0.00 2
105 093-198-010 SETTIMI JANINE(TR FAM TR) 13516 $608.22 2 106 093-201-003 VISALIA CITY OF 8190 $0.00 2
107 093-201-007 VISALIA CITY OF 7788 $350.46 2
108 093-201-008 VISALIA CITY OF 5691 $256.10 2
109 093-201-009 VISALIA CITY OF 5624 $0.00 2
110 093-201-010 VISALIA CITY OF 5919 $0.00 2
111 093-201-011 VISALIA CITY OF 7146 $0.00 2
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112 093-201-012 KAWEAH DELTA HEALTH CARE DISTRICT 18649 $839.21 2 113 093-201-013 KAWEAH DELTA HEALTH CARE DISTRICT 5800 $261.00 2 114 093-201-014 KAWEAH DELTA HEALTH CARE DISTRICT 7424 $334.08 2 115 093-201-015 KAWEAH DELTA HEALTH CARE DISTRICT 5800 $261.00 2 116 093-201-016 KAWEAH DELTA HEALTH CARE DISTRICT 5275 $237.38 2 117 093-201-018 VISALIA CITY OF 23489 $1,057.01 2
118 093-201-019 KAWEAH DELTA HEALTH CARE DISTRICT 1618 $72.81 2 119 093-201-020 KAWEAH DELTA HEALTH CARE DISTRICT 13854 $623.43 2 120 093-201-022 VISALIA CITY OF 14900 $670.50 2
121 093-201-023 POSTON JEFFERY L & MARLENE A(TRS)(R 17925 $806.63 2 122 093-202-002 VISALIA CITY OF 160556 $7,225.02 2
123 093-203-001 TSK LLC 8714 $392.13 2
124 093-203-004 KAWEAH DELTA HEALTH CARE DIST 8707 $391.82 2 125 093-203-008 KAWEAH DELTA HEALTH CARE DISTRICT 2904 $130.68 2 126 093-203-009 KAWEAH DELTA HEALTH CARE DISTRICT 3036 $136.62 2 127 093-203-010 CHERNEY PHILLIP H & LORI A 2805 $126.23 2 128 093-203-013 KAWEAH DELTA HEALTH CARE DISTRICT 13935 $627.08 2 129 093-203-014 KAWEAH DELTA HEALTH CARE DISTRICT 12486 $561.87 2 130 093-203-015 HILL CLARENCE H (TR) (REV TR) 17418 $783.81 2 131 093-204-001 RUSSELL T MITTS INC 8612 $1,205.68 1
132 093-204-002 RUSSELL T MITTS INC 8873 $1,242.22 1
133 093-204-009

MITTS THOMAS F(TR)(TR A UWO LINDA
K 16928 $2,369.92 1
134 093-204-018 KAWEAH DELTA HEALTH CARE DISTRICT 18820 $846.90 2 135 093-204-019 VISALIA CITY OF 16416 $0.00 2
136 093-204-020 KAWEAH DELTA HEALTH CARE DISTRICT 91911 $4,136.00 2 137 093-206-002 SORENSEN BRANDON N & CALI CARLIN 10824 $487.08 2 138 093-206-009 CRISTALLO LUIGI 10738 $483.21 2
139 093-206-012 KAWEAH DELTA HEALTH CARE DISTRICT 30793 $1,385.69 2 140 093-206-013 KAWEAH DELTA HEALTH CARE DISTRICT 1742 $78.39 2 141 093-206-014 KAWEAH DELTA HEALTH CARE DISTRICT 4859 $0.00 2 142 093-206-015 JOHNSON ROGER A & LYDIA A (TRS) 8250 $371.25 2 143 093-206-016 JOHNSON ROGER A & LYDIA A (TRS) 7237 $325.67 2 144 093-224-006 PATINO ALEXANDER N & MARIE L (TRS) 6678 $0.00 2 145 093-225-005 ADENIJI ADEGOKE 6572 $0.00 2
146 093-225-006 JACKSON JOHN K 6572 $295.74 2
147 093-231-009 CH-VISALIA COMMUNITY COVENANT 30165 $1,357.43 2 148 093-232-002 KISER JACOB & JAE 13386 $0.00 2
149 094-100-041 VISALIA CITRUS PACKING GROUP LP 22214 $999.63 2 150 094-100-042 VISALIA CITRUS PACKING GROUP LP 32275 $1,452.38 2 68 April 22, 2019
Downtown Visalia PBID Management District Plan Page 38
151 094-221-010 VISALIA CITY OF 24893 $3,485.02 1
152 094-221-015 MISSION LINEN SUPPLY 9331 $1,306.34 1
153 094-221-016 4 CREEKS INVESTMENTS LLC 35719 $5,000.66 1 154 094-231-001

WILLIAM & DORIS LAND & ENERGY CO
LL 1184 $165.76 1
155 094-231-014

WILLIAM & DORIS LAND & ENERGY CO
LL 16334 $2,286.76 1
156 094-231-021 EZELL HUGH L (610) 1686 $236.04 1
157 094-231-023

WILLIAM & DORIS LAND & ENERGY CO
LL 16847 $2,358.58 1
158 094-235-019 SHARMA DINESH & DIANE L(TRS)(REV LI 30800 $4,312.00 1 159 094-240-001 ELMA LAND 12141 $546.35 2
160 094-240-002 VISALIA CITY OF 21780 $980.10 2
161 094-240-013 AEQUUS HOLDINGS LLC 19496 $2,729.44 1
162 094-240-040 VISALIA CITY OF 23986 $1,079.37 2
163 094-240-041 VISALIA CITY OF 12842 $577.89 2
164 094-240-044 AMIDI PARTNERS LLC 43149 $1,941.71 2
165 094-250-038

CUSENZA FAMILY LIMITED
PARTNERSHIP 65340 $2,940.30 2
166 094-250-039

CUSENZA FAMILY LIMITED
PARTNERSHIP 6144 $276.48 2
167 094-250-045 VISALIA CITRUS PACKING GROUP LP 33687 $1,515.92 2 168 094-250-046 VISALIA LAND & INVESTMENT CO LLC 47916 $2,156.22 2 169 094-271-004

KOOBATIAN STEVEN D & KARIN BETH
(CO 19428 $874.26 2
170 094-271-005 TWINPALMSDINUBA LLC 9174 $412.83 2
171 094-272-007 PEREZ EDDIE R & SUSIE S 8194 $0.00 2
172 094-272-008 H2KW 8250 $371.25 2
173 094-273-004 FISHER INVESTMENT GROUP LLC 8133 $365.99 2 174 094-273-005 FISHER INVESTMENT GROUP 8130 $0.00 2
175 094-273-006 AGUIAR MANUEL TOSTE (TR) 16255 $731.48 2 176 094-274-006 FAMILY HEALTHCARE NETWORK 32670 $1,470.15 2 177 094-281-001 BIANCO PHILIP S & MAUREEN A 5197 $233.87 2 178 094-281-002 CH-CHRISTIAN FAITH FELLOWSHIP-VIS 5197 $233.87 2 179 094-281-003 CH-CHRISTIAN FAITH FELLOWSHIP-VIS 5952 $267.84 2 180 094-281-004 LOCAL 1109 UNITED BROTHERHOOD OF 16275 $732.38 2 181 094-281-005 BIANCO PHILIP S & MAUREEN A 8167 $367.52 2 182 094-281-006 BIANCO PHILIP S & MAUREEN A 4083 $183.74 2 183 094-281-007 TULARE COUNTY OF 16335 $735.08 2
184 094-281-009 BIANCO PHILIP S & MAUREEN A 4083 $183.74 2 185 094-282-001 KOOBATIAN STEVEN D & KARIN (TRS) 8184 $368.28 2 69 April 22, 2019
Downtown Visalia PBID Management District Plan Page 39
186 094-282-002 MADRIGAL RITA IRENE 16335 $735.08 2
187 094-282-003 DOWNS ELIZABETH A 3575 $160.88 2
188 094-282-004 DOWNS ELIZABETH A 6580 $296.10 2
189 094-282-005 ARTS VISALIA 6188 $278.46 2
190 094-282-006 SAFCO OF AMERICA LLC 8184 $368.28 2
191 094-282-007 VARTANIAN JOHN G JR (TR BYPASS TR) 18480 $831.60 2 192 094-283-001 VISALIA CITY OF 66957 $3,013.07 2
193 094-284-006 VISALIA CITY OF 9822 $441.99 2
194 094-284-008 FAMILY HEALTHCARE NETWORK 54885 $2,469.83 2 195 094-285-001 SUMIDA ROY Y & LINDA H (TRS) 8118 $1,136.52 1 196 094-285-008 VISALIA CITY OF 32670 $4,573.80 1
197 094-285-009 SUMIDA KAMIO J & TAKAKO J (TRS) 15963 $2,234.82 1 198 094-285-010 SUMIDA ROY Y & LINDA H (TRS) 8550 $1,197.00 1 199 094-285-014 PILE PARTNERS #1 LLC 14698 $661.41 2
200 094-285-015 VISALIA CITY OF 17294 $778.23 2
201 094-285-017 VISALIA CITY OF 32536 $1,464.12 2
202 094-286-002 GREGORY CYNTHIA C (TR) 32670 $4,573.80 1 203 094-286-003 ON TRACK VENTURES LLC 32670 $1,470.15 2 204 094-287-001 TULARE COUNTY OF 69696 $9,757.44 1
205 094-291-001 VISALIA CITY OF 18315 $2,564.10 1
206 094-291-005 BFD INVESTMENT CO LLC 10148 $1,420.72 1 207 094-291-006 FREITAS DANIEL S & JEANETTE A 6290 $880.60 1 208 094-291-007 SCIACCA SAM A & MARLENE (TR) 3185 $445.90 1 209 094-291-008 KNOWLES KENNETH K (SURV TR) 2226 $311.64 1 210 094-291-009 FREITAS DANNY & JEANETTE 10482 $1,467.48 1 211 094-291-011 VISALIA CITY OF 14355 $2,009.70 1
212 094-292-012 BK OF AMER NATL TR & SAV ASSN 67518 $9,452.52 1 213 094-293-002 ESTES DONALD R & LYDIA B(TRS FAM RE 10339 $1,447.46 1 214 094-293-003 ESTES DONALD R & LYDIA B(TRS FAM RE 10306 $1,442.84 1 215 094-293-004 VISALIA CITY OF 10642 $1,489.88 1
216 094-293-006 THREE TEN CENTER STREET LLC 27123 $3,797.22 1 217 094-293-007 THREE TEN CENTER STREET LLC 5547 $776.58 1 218 094-294-013 LUM CHRISTOPHER M (TR) 12733 $1,782.62 1 219 094-294-014 SCHAEFER KIMBERLY LUM(TR)(LIV TR) 19823 $2,775.22 1 220 094-294-015 CURTI KENNETH J(TR)(K J CURTI TR) 19746 $2,764.44 1 221 094-294-016 CURTI KENNETH J (TR) (KJC 1999 TR) 10952 $1,533.28 1 222 094-295-008 LEE CHE PING & CHUI PING 33901 $4,746.14 1 223 094-295-010 WHITTLESEY MARK (TR) 33898 $4,745.72 1 224 094-296-001 VISALIA CITY OF 7722 $1,081.08 1
225 094-296-002 CORTES GILBERTO & ALICIA (TRS) 3960 $554.40 1 70 April 22, 2019
Downtown Visalia PBID Management District Plan Page 40
226 094-296-005 YOUNG ALBERT(CO TR)(YKY LIV TR) 4974 $696.36 1 227 094-296-006

KORSGADEN TROY LEE(TR)(TLK SEP
PROP 4530 $634.20 1
228 094-296-009 EQUITABLE HOTELS 16335 $2,286.90 1
229 094-296-010 CALTERRAS 4083 $571.62 1
230 094-296-011 LESLIE A MOSLEY LLC 3844 $538.16 1
231 094-296-012 BEVERLY FABRICS INC 5761 $806.54 1
232 094-296-013 BREWBAKERS INC 2400 $336.00 1
233 094-296-014 LESLIE A MOSLEY LLC 3713 $519.82 1
234 094-296-015 LESLIE A MOSLEY LLC 4368 $611.52 1
235 094-296-016 LESLIE A MOSLEY LLC 7440 $1,041.60 1
236 094-296-017 ADCC VISALIA OFFICE PARNTERS LLC 7870 $1,101.80 1 237 094-296-018 VISALIA CITY OF 48473 $6,786.22 1
238 094-296-019 315 E MAIN STREET LLC 10890 $1,524.60 1 239 094-298-001 GARCIA CAROL J (SCSR TR) 5816 $814.24 1 240 094-298-002

THOMPSON CYRIL ROBERT & ELIZABETH
J 3921 $548.94 1
241 094-298-003

VALENCIA REVOC FAMILY TR DATED
2/11 2496 $349.44 1
242 094-298-004 SCIACCA SAM A & MARLENE E(TRS)(FAM 3659 $512.26 1 243 094-298-005 BULLOCK-GOLDEN PARTNERSHIP 3489 $488.46 1 244 094-298-006 NOBLE INVESTORS LLC 3805 $532.70 1
245 094-298-007 1329 W RANCHO VISTA BLVD LLC 2336 $327.04 1 246 094-298-008 1329 W RANCHO VISTA BLVD LLC 5606 $784.84 1 247 094-298-011 VISALIA CITY OF 9012 $1,261.68 1
248 094-298-012 FOUR CREEKS LODGE 94-IOOF 8032 $1,124.48 1 249 094-298-013 VISALIA CITY OF 7447 $1,042.58 1
250 094-298-015 LINDSEY CAROL (TR)(2016 CL SEP PROP 2310 $323.40 1 251 094-298-016 SHIRK JENNIFER CONN 5857 $819.98 1
252 094-301-009 CAL-WESTERN FARMING CO 32670 $4,573.80 1 253 094-302-007 METZGER PERRY LLOYD 16335 $2,286.90 1
254 094-302-008 METZGER PERRY LLOYD 16335 $2,286.90 1
255 094-302-013 VISALIA CITY OF 26070 $3,649.80 1
256 094-302-016 VISALIA CITY OF 204732 $28,662.48 1
257 094-302-018 HOTEL CIRCLE GL HOLDING LLC 149284 $20,899.76 1 258 094-302-019 VISALIA CITY OF 60548 $8,476.72 1
259 094-302-020 VISALIA CITY OF 35550 $4,977.00 1
260 094-304-005 SMITH AUTO PARTS 8692 $1,216.88 1
261 094-304-006 216 SOUTH BRIDGE ST LP 60984 $8,537.76 1 262 094-305-002 KMK ENTERPRISES 17424 $2,439.36 1
71 April 22, 2019
Downtown Visalia PBID Management District Plan Page 41
263 094-305-003 K M K ENTERPRISES 17424 $2,439.36 1
264 094-305-008 SPS 410 INVESTMENTS LLC 23743 $3,324.02 1 265 094-305-009 SPS 410 INVESTMENTS LLC 9782 $1,369.48 1 266 094-311-011 KAWEAH DELTA HEALTH CARE DISTRICT 5170 $232.65 2 267 094-311-012 KAWEAH DELTA HEALTH CARE DISTRICT 9405 $423.23 2 268 094-311-014 KAWEAH DELTA HEALTH CARE DISTRICT 12524 $563.58 2 269 094-311-019 KAWEAH DELTA HEALTH CARE DISTRICT 8464 $1,184.96 1 270 094-311-020 KAWEAH DELTA HEALTH CARE DISTRICT 420789 $18,935.51 2 271 094-311-021 ELLISON BETTY TAYLOR (TR BYPASS TR 8184 $1,145.76 1 272 094-311-022 KELLER DENNIS R & CATHLYN A(TRS) 8150 $1,141.00 1 273 094-311-023 202 W WILLOW LLC 12540 $1,755.60 1
274 094-311-024 202 W WILLOW LLC 10329 $1,446.06 1
275 094-311-025 PACIFIC BELL 22568 $3,159.52 1
276 094-313-005 U S A USPS 32736 $4,583.04 1
277 094-313-009 VISALIA MASONIC BUILDING ASSN 17424 $784.08 2 278 094-313-010 J S T LLC 17424 $784.08 2
279 094-313-013 VISALIA CITY OF 34141 $1,536.35 2
280 094-313-014 WILLOW STREET DEVELOPMENT CO LLC 46609 $6,525.26 1 281 094-321-003

MARTIN MICHAEL A & DARLENE M (CO-
TR 12750 $1,785.00 1
282 094-321-004

MARTIN MICHAEL A & DARLENE M(TRS
FA 12750 $1,785.00 1
283 094-321-007 VISALIA CITY OF 26928 $3,769.92 1
284 094-322-001 CENTRAL VALLEY COMMUNITY BANK 16335 $2,286.90 1 285 094-322-002

FRANEY ROGER G (CO-TR)(EMF BYPASS
T 16335 $2,286.90 1
286 094-322-003 VISALIAN FRIENDS OF THE FOX THEATRE 15411 $2,157.54 1 287 094-322-004 FRANEY FAMILY LIMITED PARTNERSHIP 8406 $1,176.84 1 288 094-322-005 320 W MAIN LLC 7005 $980.70 1
289 094-323-003 MARTIN & MARTIN PROPERTIES LLC 28538 $3,995.32 1 290 094-323-004 LUCIO MARK A & LEE ANN E 3960 $554.40 1 291 094-323-005 KENT MARCIA & STEPHEN F (TRS) 2838 $397.32 1 292 094-323-006 MITCHELL WILLIAM N (TR LIV TR) 2838 $397.32 1 293 094-323-007 SIMONS JAMES F 3990 $558.60 1
294 094-323-008 BIANCO JOHN P & SUZANNE M 3713 $519.82 1 295 094-323-009 GARCIA INVESTMENTS 6421 $898.94 1
296 094-323-011 BRITTBRANDT PROPERTIES LLC 5280 $739.20 1 297 094-323-012 VISALIA CITY OF 9396 $1,315.44 1
298 094-324-001 120 W MAIN ST LLC 7706 $1,078.84 1
299 094-324-002

RANSBERGER WILLIAM RAY & JUDITH
LEE 7705 $1,078.70 1
72 April 22, 2019
Downtown Visalia PBID Management District Plan Page 42
300 094-324-003

CUSENZA FAMILY LIMITED
PARTNERSHIP 15645 $2,190.30 1
301 094-324-007 SHAHAN ROBERT & SABRINA(TRS LIV TR) 8999 $1,259.86 1 302 094-324-009 VISALIA CITY OF 23667 $3,313.38 1
303 094-325-002 MC ALPINE BETTY SUE (TR) 5018 $702.52 1 304 094-325-003 BOOKOUT RALPH & BETTY (TRS) 15411 $2,157.54 1 305 094-325-012 JILANI SHAIQUEL 10519 $1,472.66 1
306 094-325-015 LOURENCO CARLOS 5650 $791.00 1
307 094-325-016 VISALIA CITY OF 15842 $2,217.88 1
308 094-325-017

CUSENZA FAMILY LIMITED
PARTNERSHIP 10388 $1,454.32 1
309 094-326-001 HI JACK AND BUSY BEA LLC 7706 $1,078.84 1 310 094-326-002 HI JACK AND BUSY BEA LLC 16462 $2,304.68 1 311 094-326-003 VACARRO JOE & MARIA G 2919 $408.66 1
312 094-326-004 PETERSEN MARGARET E(TR)(BYPASS TR) 2918 $408.52 1 313 094-326-005 BOOKOUT RALPH & BETTY (TRS) 9387 $1,314.18 1 314 094-326-006 WIEBE MICHELLE R (TR) (REV LIV TR) 2919 $408.66 1 315 094-326-007 VAN RYN JONATHAN A 5838 $817.32 1
316 094-326-010 COREVAL LLC 3484 $487.76 1
317 094-326-017 VACARRO JOE & MARIA G 13625 $1,907.50 1 318 094-326-018 BIANCO PHILLIP S & MAUREEN A 7624 $1,067.36 1 319 094-326-023 FAMILIA FLORES INC 7220 $1,010.80 1
320 094-326-024 CENTER FOR SPIRITUAL LIVING VISALIA 4146 $580.44 1 321 094-326-025 CHOICE PROPERTIES GP 9934 $1,390.76 1
322 094-326-026 VISALIA CITY OF 48351 $6,769.14 1
323 094-327-001 TDS INVESTMENTS LLC 16962 $2,374.68 1
324 094-327-003 KENT MARCIA & STEPHEN F (CO-TRS) 4097 $573.58 1 325 094-327-004 KAWEAH DELTA HEALTH CARE DISTRICT 31618 $4,426.52 1 326 094-331-007 VISALIA NEWSPAPERS INC 53267 $2,397.02 2 327 094-332-002 COUNTRYMAN L KENNETH (TR) 8167 $367.52 2 328 094-332-003 PARRY SUSAN 8032 $361.44 2
329 094-332-004 HILL CLARENCE H (TR) (REV TR) 7375 $331.88 2 330 094-332-006 SIERRA ELK LLC 6744 $303.48 2
331 094-332-007 SEYMOUR JEAN (TR)(EST OF) 9585 $0.00 2 332 094-332-008 HILL CLARENCE H (TR) (MARITAL DED T 8187 $368.42 2 333 094-332-009 NEPINSKY BRIAN C & VALERIE 7986 $359.37 2 334 094-332-010 KAWEAH MANAGEMENT COMPANY 6652 $0.00 2 335 094-333-005 TULARE COUNTY OF 71874 $3,234.33 2
336 094-333-006 VISALIA CITY OF 47916 $2,156.22 2
337 094-334-010 VISALIA CITY OF 43560 $1,960.20 2
73 April 22, 2019
Downtown Visalia PBID Management District Plan Page 43
338 094-334-011 VISALIA SENIOR HOUSING II INC 25525 $1,148.63 2 339 094-335-001 GAMEZ JO ANN(SCSR)(TR KCH) 12251 $551.30 2 340 094-335-004 SHEKLIAN MYRON EDWARD(SCSR TR) 8167 $1,143.38 1 341 094-335-008 DUCOR COLD STORAGE LLC 9900 $1,386.00 1 342 094-335-009 VISALIA CITY OF 9900 $1,386.00 1
343 094-335-010 FARLEY MICHAEL L & DIANE C 4703 $658.42 1 344 094-335-011 VANDERHAM ROBERT W & LENA 20139 $906.26 2 345 094-336-001 KAESTNER PHILLIP 2508 $0.00 2
346 094-336-002 SULLIVAN J PATRICK & CHRISTINE 1452 $65.34 2 347 094-336-003 225 OAK AVE LLC 4092 $184.14 2
348 094-336-004 CH-FIRST PRESBYTERIAN OF VISALIA 24354 $1,095.93 2 349 094-336-005 CH-FIRST PRESBYTERIAN OF VISALIA 7920 $1,108.80 1 350 094-336-006 CH-FIRST PRESBYTN OF VIS (TR PRES O 8180 $1,145.20 1 351 094-336-007 JKP LAND LLC 8167 $1,143.38 1
352 094-336-010 VISALIA CITY OF 8167 $1,143.38 1
353 094-337-001 STORY WALTER R & PEGGY SUE (TRS)(FA 8167 $367.52 2 354 094-337-002 KRIKOIRAN BETTY J (TR) (MAR TR B) 8167 $367.52 2 355 094-337-003 OAK STREET STUDIOS 2158 $97.11 2
356 094-337-004 METZGER KENNETH R (TR) 3635 $163.58 2
357 094-337-005 SEBERT SHAWN & DOROTHY 1872 $84.24 2
358 094-337-006 CITRUS RESEARCH BOARD 8871 $399.20 2
359 094-337-007 LEGACY INVESTMENTS LLC 7654 $1,071.56 1 360 094-337-008 LEGACY INVESTMENTS LLC 3969 $555.66 1
361 094-337-009 VALHALLA FAMILY INVESTMENTS LLC 5454 $763.56 1 362 094-337-010 VALHALLA FAMILY INVESTMENTS LLC 3969 $555.66 1 363 094-337-011 MC ALPINE BETTY SUE (TR) 7654 $1,071.56 1 364 094-337-012 VALHALLA FAMILY INVESTMENTS LLC 3969 $555.66 1 365 094-338-012 BILL & TANYA MILLER FAMILY LTD PTNS 52272 $7,318.08 1 366 094-341-005 LAIRD PHILIP B & CAROL L(TRS)LAIRD 8167 $0.00 2 367 094-341-006 LAIRD PHILIP B & CAROL L(TRS)LAIRD 8168 $367.56 2 368 094-341-007 GILBERT AVIATION INDUSTRIES INC 8167 $367.52 2 369 094-342-005 HUTTON DONALD L & CATHY A(TRS) 5331 $239.90 2 370 094-342-006 GUTIERREZ JESUS R (TR) 5445 $0.00 2
371 094-342-007 GRANGER STEPHEN 9157 $0.00 2
372 094-342-008 FORD HENRY H & SHIRLEY D(TRS)(2014 12622 $0.00 2 373 094-344-005 CH-APOSTOLIC ASMBY FAITH IN CHRIST 16335 $735.08 2 374 094-344-006

PINE MANOR RECOVERY HOME GUILD
INC 16335 $735.08 2
Total

$500,291.13

74 April 22, 2019
Downtown Visalia PBID Management District Plan Page 44
APPENDIX 4 – TOTAL ESTIMATED MAXI MUM COST OF

IMPROVEMENTS, MAINTENANCE, AND ACTIVITIES

The estimated maximum cost of the line items below was developed based on the estimated costs of providing services in the proposed DTV PBID. The costs below are estimated, the actual line item costs will fluctuate. The table below shows expenditures from assessment and non -assessed funds.

Assessment funds are governed by Section VI. There is not limit on reallocation of non -assessment funds by the Association. The total maximum budget may exceed the maximum listed in this table if parcel ownership changes results in parcels being assessed at a higher rate due to a higher estimated benefit.

Year Environmental
Enhancements
Economic
Enhancements Administration Contingency /
Reserve Total
2020 $394,343.13 $73,067.05 $42,014.40 $15,755.39 $525,179.97 2021 $433,777.44 $80,373.76 $46,215.84 $17,330.93 $577,697.97 2022 $477,155.19 $88,411.13 $50,837.42 $19,064.02 $635,467.76 2023 $501,012.95 $92,831.69 $53,379.30 $20,017.22 $667,241.16 2024 $526,063.59 $97,473.27 $56,048.26 $21,018.08 $700,603.20 2025 $552,366.77 $102,346.94 $58,850.67 $22,068.99 $735,633.37 2026 $579,985.11 $107,464.28 $61,793.20 $23,172.44 $772,415.03 2027 $608,984.37 $112,837.50 $64,882.86 $24,331.06 $811,035.79 2028 $639,433.59 $118,479.37 $68,127.01 $25,547.6 $851,587.58 2029 $671,405.27 $124,403.34 $71,533.36 $26,824.99 $894,166.96 Total $5,384,527.41 $997,688.33 $573,682.32 $215,130.73 $7,171,028.79

75 April 22, 2019
Downtown Visalia PBID Management District Plan Page 45
APPENDIX 5 – SERVICES BY ZONE

Zone Environmental
Enhancements
Economic
Enhancements Administration Contingency /
Reserve
1  Pressure washing
of sidewalks.
 Tree lighting.
 Dumpster
enclosures clean
and sanitized.
 Christmas
decorations.
 Enhanced
landscaping.
 Capital
improvement
projects (new
street light
enhancements).
 Graffiti removal.

 Programs and
incentives designed
to attract, grow, and
incubate new
businesses.
 In-lieu parking
program to remove
barriers to
downtown
development.
 Promotions to
improve the
downtown image
and invite customer
to assessed parcels.

Administrative
costs related to
providing activities,
maintenance, and
improvements.

Funds held in
contingency /
reserve to be used
as determined by
the Association.
2  Pressure washing
of sidewalks (as
needed).
 Dumpster
enclosures clean
and sanitized (as
needed).
 Graffiti removal.
 Some capital
improvement
projects.

 Programs and
incentives designed
to attract, grow, and
incubate new
businesses.

Administrative
costs related to
providing activities,
maintenance, and
improvements
Funds held in
contingency /
reserve to be used
as determined by
the Association.

76 April 22, 2019
Downtown Visalia PBID Management District Plan Page 46
APPENDIX 6 – MAP

77 6
14 3
5 2
6 23241413 16147 15 32 2533 2618

W SCHOOL AVE
N W

ILLIS STW GOSHEN AVE
Downtown
Visalia
PBID
Zone 1
Zone 2
²
1 5
3 7
2 4
98 6 Page
1 of 9
78 335
373374372 371
170
338326
368
367
366
370
369
178336 337329328327333 179
CR-J32

N FLORAL ST

W RACE AVE

N COURT ST
Downtown
Visalia
PBID
Zone 1
Zone 2
²
1 5
3 7
2 4
98 6 Page
2 of 9
79 165
168
167
176
150
149
169 175
192 194 164
171172
173
174
166
186185180 159
GARDEN

N BRIDGE ST

N CHURCH ST
Downtown
Visalia
PBID
Zone 1
Zone 2
²
1 5
3 7
2 4
98 6 Page
3 of 9
80 40
73 14
12 39
7 67
11 147
17 38
83 46
81 56
64 63
18 75 74
9 23
8 24
45 31
78 15
20 47
42 16
148
43 2122
72 6869
66 70
65 71
44 76
41 19
34 35
36 37
49 50 51
54 53
52 60
59 61
58 55
27 48
62 57
28 32
82 25
77 10
33 29
79 26
80 144
145
146
30 6 13

W OAK AVE

W CENTER ST

N JOHNSON ST

N CONYER ST
Downtown
Visalia
PBID
Zone 1
Zone 2
²
1 5
3 7
2 4
98 6 Page
4 of 9
81 365
326 336
337
204
289
283
348
302
344
338
205285284
183
300286
335
281282
339
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86 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0145 Agenda Date: 5/16/2022 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Printed on 5/13/2022Page 1 of 1
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87 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0070 Agenda Date: 5/16/2022 Agenda #: 2.

Agenda Item Wording:

Authorize the acceptance of the 2020 State Homeland Security Grant Program (SHSGP) award and appropriate funding from the General Fund in the amount of $87,860 to put five Visalia Fire personnel through field-based training for Hazardous Materials Technician and Specialist class series.

Deadline for Action: 5/2/2022
Submitting Department: Fire Department
Contact Name and Phone Number: Crissy Balderama, x4513; Dan Griswold, x4220; Tom Van Grouw, x4544
Department Recommendation:

It is recommended that the City Council authorize staff to accept the 2020 State Homeland Security Grant Program (SHSGP) award and appropriate funding from the General Fund in the amount of $87,860. The grant funds will be used to put five Visalia Fire personnel through field-based training for Hazardous Materials Technician and Specialist class series.

Background Discussion:

As a result of the 2001 terrorist attacks on the United States, the State of California, and the Department of Homeland Security developed programs to assist government agencies with emergency preparedness activities and/or equipment. Since 2001, Tulare County Office of Emergency Services has been the intermediate recipient of these funds, disbursing them to cities and other agencies based upon agency and area needs. One of these programs is the State Homeland Security Grant Program. The grant is submitted and managed by the Tulare County Office of Emergency Services. If the grant is awarded to the County, the County disburses funding among local agencies based upon needs in the operational area.

For 2020, Tulare County received a total of $566,489 from the California Governor's Office of Emergency Services. Of this amount, the Visalia Fire Department will receive $87,860. The funding will be used to put five Visalia Fire personnel through field-based training for Hazardous Materials Technician and Specialist class series. The Hazardous Material Technician series is four weeks long and to obtain Hazardous Materials Specialist is an additional two weeks. All personnel receive Hazardous Materials Technician series and personnel are trained to Hazardous Materials Specialist as training is available.

Hazardous Materials Technician and Specialist training are essential to Visalia Fire Department for responses to hazardous material-type incidents within the City of Visalia and as the lead agency of the Tulare-Kings County Regional Hazardous Materials Team comprised of select Tulare and Kings County agencies. All participating agencies of the Regional Hazardous Materials Team Agreement contribute funding to the Visalia Fire Department in return for hazardous material incident responses when necessary and requested.

Visalia City Council Printed on 5/13/2022Page 1 of 2
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88 File #: 22-0070 Agenda Date: 5/16/2022 Agenda #: 2.

Fiscal Impact:

Staff is requesting to appropriate $87,860 from the General Fund to put five Visalia Fire personnel through field-based training for Hazardous Materials Technician and Specialist class series. Training course expenses will be reimbursed by State Office of Homeland Security and Tulare County Office of Emergency Services (OES). The City will be required to cover backfill costs for personnel participating in the training. Fire Administration prioritized hosting training in Visalia as a means of reducing backfill costs. Hosting the training locally reduces backfill costs because backfill personnel are relived from duty once personnel in training return to the station after the training. Conversely, if personnel are sent to training out of the area, backfill personnel are needed to work the entire shift.

Fire Administration estimates approximately $950.00 per student per week in backfill costs. This is an estimate based on past training data. Actual costs cannot be estimated due to not having the training scheduled to know the shifts affected and not knowing the shifts of the personnel participating in the training. Backfill costs will be managed within overtime costs already included in the General Fund Fire budget.

Prior Council Action: None.

Other: N/A
Alternatives: Council can choose to decline the State Homeland Security Grant Program Award and fund Hazmat training through the General Fund Operating budget.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to accept the 2020 State Homeland Security Grant Program (SHSGP) award and appropriate funding from the General Fund in the amount of $87,860 to put Visalia Fire personnel through field-based training for Hazardous Materials Technician and Specialist class series.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. FY20 SHSGP VFD Notification of Sub Recipient Award and Binder. 2. FY20 SHSGP VFD Assurances with Non-County Entities
Visalia City Council Printed on 5/13/2022Page 2 of 2
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89 FY 2020 HOMELAND

SECURITY GRANT

CITY OF VISALIA FIRE DEPARTMENT

90 Office of Emergency Services

5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-8000 Telephone (559) 624-7499 Facsimile December 6, 2021

Dan Griswold
Fire Chief
City of Visalia, Fire Department
420 N. Burke St
Visalia CA 93292
[email protected]

Subject: NOTIFICATION OF SUBRECIPIENT AWARD
FY 2020 State Homeland Security Grant Program (SHSGP)
Subaward #: 2020-0095, Cal OES ID: 107-00000, CFDA #: 97-067 Subaward Period of Performance: 09/01/2020 to 05/31/2023

Dear Chief Griswold,

Please accept this letter as the official subaward notification for the Visalia Fire Department, DUNS #: 047898700, from the FY 2020 State Homeland Security Grant Program.

A summary of your subaward follows:
• Project 010 – Hazmat Technician /Specialist Class Series (Training Consultant): $34,000. • Project 011 – Hazmat Technician /Specialist Class Series (Travel): $22,907. • Project 012 – Hazmat Technician /Specialist Class Series (Training Consultant): $19,500. • Project 013 – Hazmat Technician /Specialist Class Series (Travel): $11,453.

Please see the attached Grant Award Workbook page for the approved equipment and corresponding AEL number(s) . You r agency has only been approved to purchase the equipment listed on the Grant Award Workbook page.

As a condition of funding, your agency must accept the Subaward Agreement Regarding FY 2020 State Homeland Security Grant Program Funding for Equipment, Planning, Administration, Training and Exercises . This agreement must be signe d by your governing body and accompanied by a copy of the governing body’s resolution accepting the agreement.

For all grant-funded procurement, your agency must a dhere to the terms contained within the above-referenced agreement, all relevant State and Federal laws and regulations. In particular, you must adhere to the most restrictive procurement standard on each topic, for each procurement, between the following:
91 a. Your jurisdiction’s ordinances and formally adopted procurement policies. b. State law; and
c. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Title 2, Code of Federal Regulations [CFR] Part 200, including but not limi ted to such sections as 2 CFR §200.320 “Methods of procurement to be followed”)

For activities flagged for additional review on the Grant Award Workbook page (e.g., Environmental Planning and Historic Preservation, Allowability Requests, Aviation, Performance Bond, etc.), your agency shall not incur costs u ntil you and Tulare County OES receive written approval from Cal OES removing the hold.

This subaward is subject to all provisions of 2 CFR Part 200, including Subpart F - Audit Requirements. Any fund s received in excess of current needs, approved amounts , or those found owed as a r esult of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice.

All activities, invoices, and payments fo r the awarded activities mu st be dated within the performance period to be eligible for reimburseme nt. Reimbursement requested after April 30 of each year may be delayed until the following Fiscal Year; please plan accordingly and be prepared to accrue reimbursement if submitting during this time.

The final deadline for completed reimbursement requests to be submitted is February 28, 2023, to allow time for grant close-out activities.

Requests for reimbursement, questions, or information requests should be submitted to the OES Grant Administrator at [email protected] or at:

Office of Emergency Services
Tulare County HHSA
5957 South Mooney Boulevard
Visalia, California 93277

Sincerely Yours,

Andrew Lockman
Emergency Services Manager
92 2020 HOMELAND SECURITY GRANT AWARD
SUBAWARD #: 2020-0095, CAL OES ID: 107-00000, CFDA #: 97-067

EQUIPMENT AWARD FOR THE CITY OF VISALIA, FIRE DEPARTMENT

Project Description & Quantity
AEL# /
Feedback
Number
AEL Title / Activity Discipline Proposed
Vendor Total Cost Hold
Trigger
010
Hazmat Technician Training
FS

California
Specialized
Training
Institute
$ 34,000 No
011 Hazmat Technician Training
FS
California
Specialized
Training
Institute
$ 22,907 No
012 Hazmat Specialist Training FS
California
Specialized
Training
Institute
$ 19,500 No
93 013 Hazmat Technician/Specialist
Class Series Field-Based Attendee FS
California
Specialized
Training
Institute
$ 11,453 No
TOTAL AWARD AMOUNT $ 87,860

94

QUICK TIPS

FOR HOMELAND SECURITY

GRANT RECIPIENTS
Do NOT purchase anything until you have received an
award letter from Tulare County OES

You must conduct a search on the System for Award Management (SAM) website prior to entering into an agreement with any vendor for HSGP-related expenses. Verification must be provided (i.e. printed search results) upon submission of a reimbursement request to show that the vendor was not debarred or suspended during the time of service for your awarded project(s). If it is discovered that the vendor was debarred or suspended during that time, your project will not be reimbursed.

If your project involves/requires a contract, you must provide the contractor a copy of the Cal OES Standard Grant Assurances for that grant cycle, and stipulate that they must abide by the terms of those assurances.

Your project may be placed on conditional hold by the State even though the grant was approved. DO NOT proceed with any part of your award purchase until you receive authorization from Tulare County OES that the conditional hold has been released. This can be due to Sole Source or EHP reviews.

All invoices must be dated after the date printed on the Tulare County OES award letter or they will not be reimbursed.

You may only purchase the equipment listed on the Equipment Workbook page provided with your award letter. Any deviation from the approved equipment and/or AEL number will not be reimbursed.

A performance period is issued for each project. The ending date of the performance period is the ending date of your award. No purchases are allowed after this date.

Environmental and Historic Preservation (EHP) reviews must be approved before you initiate the purchasing process. If documentation shows that purchases occurred prior to receiving EHP approval, those purchases will not be reimbursed.

All public safety communications equipment must be P25-compliant. NO EXCEPTIONS.
95

You must obtain a performance bond for any equipment item over $250,000 or any vehicle, aircraft or watercraft, funded with HSGP funds.

Sole source procurements in excess of $100,000 must receive prior written approval. Interagency agreements between units of government are excluded from this provision.

Maintenance contracts and warranties for equipment are allowable costs. You may purchase a maintenance contract or warranty at the time of procurement or at a later time to extend the useful life of the equipment. For example, you may purchase a maintenance contract or warranty from one fiscal year to cover equipment purchased with funding from a different fiscal year. Maintenance contracts must be purchased using funds from FEMA’s preparedness grant programs. The term of the maintenance contract or warranty can exceed the period of performance of the grant to which the contract is being charged.

Most equipment (technology or equipment costing over $5,000) must be tagged with an HSGP Inventory sticker issued by Tulare County OES before reimbursement. If applicable to your project(s), you will receive a letter, sticker(s), and an inventory form to complete and return to Tulare County OES.

Sub-Recipients are responsible for replacing or repairing property and equipment which is willfully or negligently lost, stolen, damaged, or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records.

Your equipment will be inventoried by Tulare County OES every two years, and compliance is required. If anything is missing, lost or stolen, your department is responsible to replace it. This does not apply to expendable items, such as gloves, masks or other expendable personal protective equipment.

Tips will not be reimbursed.

Meals will not be reimbursed without prior Cal OES approval.

Lodging will be reimbursed according to the Federal per diem rates set for the County and the season. Lodging will not be reimbursed at all if the rate exceeds the amount allowed by the United Sates General Services Administration, accessible at www.gsa.gov/perdiem.

All training must be pre-approved and issued a training tracking number before any costs associated with that training can be incurred.

Training Certificates must accompany your reimbursement request. 96 TULARE COUNTY OFFICE OF EMERGENCY SERVICES

SUB-GRANTEE PASSTHROUGH TO LOCAL REIMBURSEMENT REQUEST
FY 2020 Homeland Security Grant Program (HSGP)
Award# 2020- 0095 OES ID # 107-00000

* Reimbursement Request Checklist must be completed and submitted with this form to be eligible for reimbursement

REIMBURSEMENT REQUEST

SUB-RECIPIENT

PROJECT #
(one per form)

CLAIM AMOUNT

____________

$

MICRO PURCHASE

THRESHOLD

BID THRESHOLD

$
($10,000 if unknown)

$
PROCUREMENT TYPE (refer to 2 CFR 200.320 for definitions)

__ Micro (under $10,000 or your Micro Threshold, whichever is higher) __ Small (between $10,000/your Micro Threshold and $250,000/your Bid Threshold) __ Competitive (over $250,000+ or your Bid Threshold, whichever is lower) __ Non-Competitive (per 2 CFR 200.320(c))

Under penalty of perjury, I certify that:

I am duly authorized officer of the claimant herein, that this claim is in all respects true, correct, and in accordance with applicable l aws, rules, and regulations, that the services mentioned herein were actually rendered, and that I have not violated any of the provision of government Code Section 1090 to 1096, inclusive.

AUTHORIZED AGENT
Name E-Mail Address
(559)
Title Telephone Number
(559)
Mailing Address Fax Number
City, State, Zip Code
**
Signature Date

Submit Reimbursement Request to:

Tulare County Office of Emergency Services
5957 S Mooney Blvd
Visalia CA 93277
559-624-7495 office
([email protected]

Date Received
**

97 TULARE COUNTY OFFICE OF EMERGENCY SERVICES

SUB-GRANTEE PASSTHROUGH TO LOCAL REIMBURSEMENT REQUEST
FY 2020 Homeland Security Grant Program (HSGP)
Award# 2020-0095 OES ID # 107-00000

REIMBURSEMENT REQUEST CHECKLIST

For all reimbursements, you MUST have verified, and MUST re-verify, that each vendor to whom payment was made is NOT listed for exclusion or debarment on the U.S. Government’s “System for Awards Management” database. Sub- Recipients can verify the part y’s eligibility by going to the website http://www.sam.gov and searching for the party’s name. Print the party’s result prior to purchase and submit it with the reimbursement request along with the report generated at the time of the Project Proposal. If the party is listed for exclusion or debarment on the website, you will NOT be eligible for reimbursement.

ITEM(S) INVOICE# CHECK# AMOUNT

TOTAL $ 0.00

Remit to OES:
Vendor Quote(s):
 Micro Purchases: Selected Quote
 Small Purchases: Selected Quote and “an adequate number of price or rate quotations” – minimum 2 non-selected quotes for the same item (see 2 CFR 200.320(b))
 Competitive Bid & Non-Competitive Procurements: All Bid documents, including specifications, advertisements, list of recipients (including minority & women owned businesses), all received bids, required analyses such as cost/price analysis, profit negotiation as separate component of cost (see generally, grant assurances and 2 CFR 200; notably, but not limited to, sections 318, 319, 320, 321, 322, 324, 326, and 327)

SYSTEM FOR AWARDS MANAGEMENT (SAM)

REIMBURSEMENT ITEMIZATION

ALL REIMBURSEMENTS
98 Procurement history documentation, to include rationale for method of procurement, selection of contract type, contractor selection or rejection, and basis for the contract price (see 2 CFR 200.318(i))
Completed Reimbursement Request packet (including this Checklist) Contracts: Vendor contract with Federally Required terms incorporated. Copies of all Invoices and Packing Slip(s)
Copy of the “System for Awards Management” search results Copy of the canceled check(s) issued to pay the vendor(s) (front and back, legible)

Copies of all reports and deliverables (i.e. final product) Complete and detailed Time Studies for any claimed personnel expenses Vendor contract with Federally Required terms incorporated Timecards of all personnel who received overtime*, including rate of pay Timecards of all personnel used to backfill*, including rate of pay * Overtime and backfill cannot overlap. Overtime and/or backfill are subject to PRIOR approval by the Approval Authority and/or Tulare County OES; approved on a case-by-case basis.

Copies of payroll reports for each claimed pay period
Copy of training CERTIFICATE(S) issued Copy of agenda or syllabus All receipts for travel, meals, lodging*
* Lodging is allowable up to the Federal Per Diem rate per http://www.gsa.gov. Lodging will NOT be reimbursed at all if the cost per night exceeds the Federal Per Diem rate. Tips are NOT reimbursable. Alcohol is not allowable. Meals for hosted training must be preapproved by Cal OES.

Serial numbers of equipment items and deployed address(es) where each item will be used or stored.

TRAINING REIMBURSEMENTS

EQUIPMENT PROJECTS

PLANNING PROJECTS
99 TULARE COUNTY OFFICE OF EMERGENCY SERVICES

SUB-GRANTEE PASSTHROUGH TO LOCAL REIMBURSEMENT REQUEST
FY 2020 Homeland Security Grant Program (HSGP)
Award# 2020-0095 OES ID # 107-00000

ITEM COST SERIAL# ADDRESS

OES will use the information submitted to provide an Equipment Inventory Tracking Sheet and Homeland Security Asset Tag(s):

Complete the Equipment Inventory Tracking Sheet
Apply the Homeland Security Asset Tag(s), if applicable Initial, sign and date the Equipment Inventory Tracking Sheet Remit the completed Equipment Inventory Tracking Sheet to OES 100

FY 2020 HSGP NOFO

The Department of Homeland Security (DHS)
Notice of Funding Opportunity (NOFO)
Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP)

NOTE: If you are going to apply for this funding opportunity and have not obtained a Data Universal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), please take immediate action to obtain a DUNS Number, if applicable, and then to register immediately in SAM. It may take four weeks or more after you submit your SAM registration before your registration is active in SAM, then an additional 24 hours for Grants.gov to recognize your information.

Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at: http://www.grants.gov/web/grants/register.html.

A. Program Description

1. Issued By
Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD)

2. Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number) 97.067

3. Assistance Listings Title (formerly CFDA Title)
Homeland Security Grant Program

4. Funding Opportunity Title
Homeland Security Grant Program
• State Homeland Security Program
• Urban Area Security Initiative
• Operation Stonegarden

5. Funding Opportunity Number
DHS-20-GPD-067-00-01

6. Authorizing Authority for Program
Section 2002 of the Homeland Security Act of 2002 (Pub. L. No. 107-296, as amended) (6 U.S.C. § 603)

7. Appropriation Authority for Program
Department of Homeland Security Appropriations Act, 2020 (Pub. L. No. 116-93)

8. Announcement Type
New
101

FY 2020 HSGP NOFO

9. Program Overview, Objectives, and Priorities
Overview
The Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP) is one of three grant programs that constitute the Department of Homeland Security (DHS)/Federal Emergency Management Agency’s (FEMA’s) focus on enhancing the ability of state, local, tribal, and territorial governments, as well as nonprofits, to prevent, protect against, respond to, and recover from terrorist attacks. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS to help strengthen the Nation’s communities against potential terrorist attacks. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. In FY 2020, there are three components of HSGP:

1) State Homeland Security Program (SHSP): SHSP assists state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.
2) Urban Area Security Initiative (UASI): UASI assists high-threat, high-density Urban Areas efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.
3) Operation Stonegarden (OPSG): OPSG supports enhanced cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG provides funding to support joint efforts to secure the United States’ borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada as well as states and territories with international water borders. State, local, tribal, and territorial (SLTT) law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority as a result of participation in OPSG.

The 2018-2022 FEMA Strategic Plan creates a shared vision for reducing the risks posed by terrorism and sets an ambitious, yet achievable, path forward to unify and further professionalize emergency management across the country. HSGP supports the goals of Building a Culture of Preparedness and Readying the Nation for Catastrophic Disasters. We invite our stakeholders and partners to also adopt these priorities and join us in building a more prepared and resilient Nation, as preparedness is a shared responsibility and funding should support priorities that are most impactful and demonstrate the greatest return on investment.

Finally, for FY 2020, DHS is focused on the criticality of information sharing and collaboration to building a national culture of preparedness and protecting against terrorism and other emerging threats to our national security. DHS and its homeland security mission were born from the “failures among federal agencies and between the federal agencies and state and local authorities to share critical information related to the threat of terrorism” prior to the September 11, 2001, attacks. 1 The
threat profile has changed in the last two decades – we now face continuous cyber threats by sophisticated actors, threats to soft targets and crowded places, threats to our democratic election

1 Homeland Security Act of 2002: Report Together with Minority and Dissenting Views 222, Select Committee on Homeland Security: 107th Congress, U.S. House of Representatives (2002) (H. Rpt. 107-609). 102

FY 2020 HSGP NOFO

process and threats from new and emerging technologies. But information sharing and cooperation between state, local, and tribal authorities and federal agencies, including all DHS officials, is just as vital, and perhaps even more vital, today. Therefore, for FY 2020, we have identified four priority areas, tied to some of the most serious threats that DHS would like to see addressed by state and local governments, that recipients will need to address with their HSGP funds. Perhaps most importantly, we will be focused on forging partnerships to strengthen information sharing and collaboration in each of these priority areas and looking for recipients to remove barriers to communication and cooperation with DHS and other federal agencies.

Objectives

The objective of the FY 2020 HSGP is to fund state, local, tribal, and territorial efforts to prevent terrorism and prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States.

Priorities

Given the evolving threat landscape, it is incumbent upon DHS/FEMA to continuously evaluate the national risk profile and set priorities that help ensure appropriate allocation of scarce security dollars. In assessing the national risk profile for FY 2020, four priority areas attract the most concern.

And due to the unique threats that the nation faces in 2020, DHS/FEMA has determined that these four priorities should be addressed by allocating specific percentages of HSGP funds to each of these four areas, for a total of 20 percent. The following are the four priority areas for FY 2020, along with the corresponding amount of HSGP funds that each recipient will be required to propose for each priority area in order to obtain a full allocation of HSGP funds:

1) Enhancing cybersecurity (including election security) – 5 percent 2) Enhancing the protection of soft targets/crowded places (including election security) – 5 percent;
3) Enhancing information and intelligence sharing and cooperation with federal agencies, including DHS – 5 percent;
4) Addressing emergent threats (e.g., unmanned aerial systems [UASs], etc.) – 5 percent.

Failure by a recipient to propose investments and projects that align with these four priority areas and spending requirements may result in a recipient receiving a reduced grant award. DHS/FEMA may not award funding in excess of a recipient’s minimum allocation threshold2 to the extent that investments and projects do not align with these four priority areas.

A State or high-risk urban area may allocate the remaining 80 percent to gaps identified through their Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) Process.

Likewise, there are several enduring security needs that crosscut the homeland security enterprise, and to which that States should consider allocating funding across core capability gaps and national

2 The Homeland Security Act of 2002, as amended, allocates for each of the 50 States, the District of Columbia, and Puerto Rico

0.35 percent of the total funds appropriated for grants under section 2003 and section 2004 of the Act, and 0.08 percent for each of the four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands). 103

FY 2020 HSGP NOFO

priorities. The following are enduring needs that help recipients implement a comprehensive approach to securing communities:

1) Effective planning;
2) Training and awareness campaigns;
3) Equipment and capital projects; and
4) Exercises.

The table below provides a breakdown of the FY 2020 SHSP and UASI priorities (the focus of OPSG remains unique to border security), showing the core capabilities enhanced and lifelines supported, as well as examples of eligible project types for each area. A detailed description of allowable investments for each project type is included in the Preparedness Grants Manual . DHS/FEMA
anticipate that in future years, national priorities will continue to be included and will be updated as the threats evolve and as capability gaps are closed. Applicants are strongly encouraged to begin planning to sustain existing capabilities through other funding mechanisms.

FY 2020 SHSP & UASI Funding Priorities

Priority Areas Core Capabilities Lifelines Example Project Types National Priorities
Enhancing
Cybersecurity
(including election
security)
• Cybersecurity
• Intelligence and
information sharing
• Safety and
security
• Cybersecurity risk assessments
• Projects that address vulnerabilities
identified in cybersecurity risk
assessments
o Improving cybersecurity of critical
infrastructure to meet minimum levels
identified by CISA
o Cybersecurity training and planning
Enhancing the
Protection of Soft
Targets/ Crowded
Places (including
election security)
• Operational
coordination
• Public information
and warning
• Intelligence and
information sharing
• Interdiction and
disruption
• Screening, search,
and detection
• Access control and
identity verification
• Physical protective
measures
• Risk management for
protection programs
and activities
• Safety and
security
• Operational overtime
• Physical security enhancements
o Security cameras (CCTV)
o Security screening equipment for
people and baggage
o Lighting
o Access controls
o Fencing, gates, barriers, etc.

Enhancing
information and
intelligence sharing
and cooperation with
federal agencies,
including DHS
• Intelligence and
information sharing
• Safety and
security
• Fusion center operations (Fusion Center
project will be required under this
investment, no longer as a stand-alone
investment)
• Information sharing with all DHS
components, fusion centers, and other
entities designated by DHS
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FY 2020 HSGP NOFO

• Cooperation with DHS officials and other
entities designated by DHS in
intelligence, threat recognition and
analysis
• Joint training and planning with DHS
officials and other entities designated by
DHS
Addressing Emergent
Threats, such as
Transnational
Criminal
Organizations and
UAS
• Interdiction &
disruption
• Screening, search and
detection
• Physical protective
measures
• Intelligence and
information sharing
• Planning
• Public Information
and Warning
• Operational
Coordination
• Safety and
security
• Sharing and leveraging intelligence and
information
• UAS detection technologies
• Enhancing weapons of mass destruction
(WMD) and/or improvised explosive
device (IED) prevention, detection,
response and recovery capabilities
o Chemical Biological
Radiological Nuclear and
Explosive (CBRNE) detection,
prevention, response, and
recovery equipment
Enduring Needs
Planning • Planning
• Risk management for
protection programs
and activities
• Risk and disaster
resilience assessment
• Threats and hazards
identification
• Operational
coordination
• Community resilience
• Safety and
security
• Development of:
o Security Risk Management Plans
o Continuity of Operations Plans
o Response Plans
• Efforts to strengthen governance
integration between/among regional
partners
• Joint training and planning with DHS
officials and other entities designated by
DHS
• Cybersecurity training and planning
Training &
Awareness
• Long-term
vulnerability
reduction
• Public information
and warning
• Operational
coordination
• Situational
assessment
• Community resilience
• Safety and
security
• Active shooter training
• Security training for employees
• Public awareness/preparedness campaigns
• Joint training and planning with DHS
officials and other entities designated by
DHS
• Cybersecurity training and planning
Equipment & Capital
Projects
• Long-term
vulnerability
reduction
• Infrastructure systems
• Operational
communications
• Interdiction and
disruption
• Screening, search and
detection
• Access control and
identity verification
• Physical protective
measures
• Safety and
security
• Protection of high-risk, high-consequence
areas or systems that have been identified
through risk assessments
• Physical security enhancements
o Security cameras (CCTV)
o Security screening equipment
for people and baggage
o Lighting
o Access Controls
 Fencing, gates,
barriers, etc.
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Exercises • Long-term
vulnerability
reduction
• Operational
coordination
• Operational
communications
• Community
resilience
• Safety and
security
• Response exercises

Starting in FY 2020, each SHSP and UASI recipient is required to submit an Investment Justification (IJ) for each of the four national priorities identified above. Under the Cybersecurity investment and the Soft Target/Crowded Places investments one project for each of those two investments must be to support enhancing election security. As a reminder, all SHSP- and UASI-funded projects must have a demonstrated nexus to preventing, preparing for, protecting against, and responding to acts of terrorism. However, such projects may simultaneously support enhanced preparedness for disasters unrelated to acts of terrorism.

DHS/FEMA also requires SHSP and UASI recipients (e.g., states, territories, and high-risk urban areas) to complete a THIRA/SPR and prioritize grant funding to support closing capability gaps or sustaining capabilities that address national priorities and/or support enduring needs. Additional information on the THIRA/SPR process, including other National Preparedness System (NPS) tools and resources, can be found at https://www.fema.gov/national-preparedness-system.

Detailed
information on THIRA/SPR timelines and deadlines can be found in the Preparedness Grants Manual.

FY 2020 OPSG Funding Priorities

Priority Areas Core Capabilities Lifelines Example Project Types National Priorities
Enhancing
information and
intelligence
sharing and
cooperation with
federal agencies,
including DHS
• Intelligence and
information sharing
• Safety and
security
• Participation in the DHS/ICE 287(g)
training program
• Information sharing with all DHS
components, fusion centers, and other
entities designated by DHS
• Cooperation with DHS officials and other
entities designated by DHS in
intelligence, threat recognition and
analysis
• Joint training and planning with DHS
officials and other entities designated by
DHS
Addressing
Emergent
Threats, such as
Transnational
Criminal
Organizations
• Interdiction & disruption
• Screening, search and
detection
• Physical protective
measures
• Intelligence and
information sharing
• Safety and
security
• Operational overtime for border security
operations as directed by the applicable,
USBP-approved operations order
• Sharing and leveraging intelligence and
information

Starting in FY 2020, each OPSG applicant is required to clearly articulate and identify how the Concept of Operations addresses each of the two national priorities identified above. 106

FY 2020 HSGP NOFO

10. Performance Metrics
Performance metrics for this program are as follows:

SHSP and UASI:
• Percentage of funding allocated by the recipient to core capabilities to build or sustain national priorities identified in the section above; and OPSG:
• Number of contacts that occurred as a result of OPSG deployments o Number of arrests that resulted from OPSG contacts
o Value of drug seizures that resulted from OPSG contacts

B. Federal Award Information
Award Amounts, Important Dates, and Extensions
Available Funding for the HSGP NOFO: $1,120,000,000
HSGP Programs FY 2020 Allocation
State Homeland Security Program $415,000,000
Urban Area Security Initiative $615,000,000
Operation Stonegarden $90,000,000
Total $1,120,000,000

SHSP Allocations

For FY 2020, DHS/FEMA will award SHSP funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The following table identifies the targeted SHSP allocation ranges for each State based on DHS/FEMA’s relative risk methodology pursuant to the Homeland Security Act of 2002, as amended. States are strongly encouraged to apply for funding at least 15% over the high end of their target allocation range as ineffective applications will not be funded. Final award amounts will be based on DHS/FEMA’s evaluation of the effectiveness of proposed investments and projects.

Regardless of the amount of a State’s targeted SHSP allocation range, each State must include a separate investment for each of the four national priority areas identified in the Priorities section, above. The funding level in each national priority area investment must equal or exceed the percentage for that respective national priority area, calculated as a percentage of the State’s targeted SHSP allocation in the table below. For the states that receive a target allocation in excess of the minimum, the percentage is calculated against the high end of the range, as displayed in the table below. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the State’s application as described in Section D, below. Final awards are based on whether the State has proposed investments in each of the four national priority areas in an amount equal to or greater than the percentage for that priority area and based on the effectiveness review. 107

FY 2020 HSGP NOFO

DHS/FEMA will allocate to each state and territory a minimum allocation under the SHSP using thresholds established in the Homeland Security Act of 2002, as amended. The minimum allocation for all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico is 0.35 percent of the total funds appropriated for grants under Section 2003 and Section 2004 of the Homeland Security Act of 2002, as amended. The minimum allocation for the four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands) is 0.08 percent of the total funds appropriated for grants under Section 2003 and 2004 of the Homeland Security Act of 2002, as amended. THIRA/SPR results do not impact grant allocation or award.

Regardless of the final award amount, a state must invest SHSP funding in each of the four national priority areas in an amount equal to or greater than percentage identified above for each national priority area, as approved by DHS/FEMA.

FY 2020 TARGET SHSP ALLOCATIONS

State/Territory

FY 2020 Allocation

State/Territory

FY 2020 Allocation
New York $59,174,400 - $73,968,000 Kentucky $4,287,500
California $49,608,800 - $62,011,000 Louisiana $4,287,500 Texas $15,839,200 - $19,799,000 Maine $4,287,500
Illinois $12,085,600 - $15,107,000 Minnesota $4,287,500 Florida $8,127,200 - $10,159,000 Mississippi $4,287,500 Virginia $7,076,800 - $8,846,000 Missouri $4,287,500
Georgia $4,600,000 - $5,750,000 Montana $4,287,500
Pennsylvania $7,076,800 - $8,846,000 Nebraska $4,287,500 Maryland $6,153,600 - $7,692,000 Nevada $4,287,500
New Jersey $6,153,600 - $7,692,000 New Hampshire $4,287,500 Washington $5,384,800 - $6,731,000 New Mexico $4,287,500 Massachusetts $5,384,800 - $6,731,000 North Dakota $4,287,500 Ohio $5,384,800 - $6,731,000 Oklahoma $4,287,500
North Carolina $4,423,200 - $5,529,000 Oregon $4,287,500 District of Columbia $4,423,200 - $5,529,000 Puerto Rico $4,287,500 Michigan $4,423,200 - $5,529,000 Rhode Island $4,287,500 Alabama $4,287,500 South Carolina $4,287,500
Alaska $4,287,500 South Dakota $4,287,500
Arizona $4,287,500 Tennessee $4,287,500
Arkansas $4,287,500 Utah $4,287,500
Colorado $4,287,500 Vermont $4,287,500
Connecticut $4,287,500 West Virginia $4,287,500
Delaware $4,287,500 Wisconsin $4,287,500
Hawaii $4,287,500 Wyoming $4,287,500
Idaho $4,287,500 American Samoa $1,000,000
Indiana $4,287,500 Guam $1,000,000
Iowa $4,287,500 Northern Mariana $1,000,000
Kansas $4,287,500 U.S. Virgin Islands $1,000,000
$415,000,000
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FY 2020 HSGP NOFO

UASI Allocations
Eligible candidates for the FY 2020 UASI program are identified in the table below. Eligibility has been determined through an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSAs) in the United States, in accordance with the Homeland Security Act of 2002, as amended. Detailed information on MSAs is publicly available from the United States Census Bureau at https://www.census.gov/programs-

surveys/metro-micro.html. THIRA/SPR results do not impact grant allocation or award.

For FY 2020, DHS/FEMA will award UASI funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The following table identifies the targeted UASI allocations for each high-risk urban area based on DHS/FEMA’s relative risk methodology pursuant to the Homeland Security Act of 2002, as amended. Applicants are strongly encouraged to apply for funding at least 15% over the high end of their target allocation range as ineffective applications will not be funded.

Final award amounts will be based on DHS/FEMA’s evaluation of the effectiveness of proposed investments and projects.

In its application, each high-risk urban area, through the State, must include a separate investment for each of the four national priority areas identified in the Priorities section, above.

The funding level in each national priority area investment must equal or exceed the percentage for that respective national priority area, calculated as a percentage of the high-risk urban area’s targeted UASI allocation in the table below. The percentage is calculated against the high end of the range, as displayed in the table below. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the high-risk urban area’s application as described in Section D, below. Final awards are based on whether the State has proposed investments in each of the four national priority areas in an amount equal to or greater than the percentage for that priority area and based on the effectiveness review.

Regardless of the final award amount, a high-risk urban area must invest UASI funding in each of the four national priority areas in an amount equal to or greater than percentage identified above for each national priority area, as approved by DHS/FEMA.
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FY 2020 TARGET UASI ALLOCATIONS

State/Territory Funded Urban Area FY 2020 UASI Allocation Arizona Phoenix Area $4,200,000 - $5,250,000

California
Anaheim/Santa Ana Area $4,200,000 - $5,250,000
Bay Area $30,000,000 - $37,500,000
Los Angeles/Long Beach Area $54,400,000 - $68,000,000
Riverside Area $2,800,000 - $3,500,000
Sacramento Area $2,800,000 - $3,500,000
San Diego Area $13,520,000 - $16,900,000
Colorado Denver Area $2,800,000 - $3,500,000
District of Columbia National Capital Region $41,400,000 - $51,750,000

Florida

Miami/Fort Lauderdale Area

$11,800,000 - $14,750,000
Orlando Area $2,800,000 - $3,500,000
Tampa Area $2,800,000 - $3,500,000
Georgia Atlanta Area $5,000,000 - $6,250,000
Hawaii Honolulu Area $2,800,000 - $3,500,000
Illinois Chicago Area $54,400,000 - $68,000,000
Louisiana New Orleans Area $2,800,000 - $3,500,000
Maryland Baltimore Area $3,400,000 - $4,250,000
Massachusetts Boston Area $13,520,000 - $16,900,000
Michigan Detroit Area $4,200,000 - $5,250,000
Minnesota Twin Cities Area $4,200,000 - $5,250,000
Missouri St. Louis Area $2,800,000 - $3,500,000
Nevada Las Vegas Area $4,200,000 - $5,250,000
New Jersey Jersey City/Newark Area $15,240,000 - $19,050,000 New York New York City Area $143,000,000 - $178,750,000 Oregon Portland Area $2,800,000 - $3,500,000
Pennsylvania Philadelphia Area $13,520,000 - $16,900,000 Pittsburgh Area $2,800,000 - $3,500,000

Texas
Dallas/Fort Worth/Arlington Area $13,520,000 - $16,900,000 Houston Area $19,680,000 - $24,600,000
San Antonio Area $2,800,000 - $3,500,000
Virginia Hampton Roads Area $2,800,000 - $3,500,000
Washington Seattle Area $5,000,000 - $6,250,000
Total $615,000,000

OPSG Allocations
For FY 2020, DHS/FEMA will award OPSG funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The FY 2020 OPSG risk assessment is designed to identify the risk to border security and to assist with the distribution of funds for the grant program. Funding under OPSG is distributed based on the risk to the security of the border and the effectiveness of the proposed projects. Entities eligible for funding are the state, local, and tribal law enforcement agencies 110

FY 2020 HSGP NOFO

that are located along the border of the United States. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the State’s application as described in Section D, below. The THIRA/SPR process is not required for OPSG.

For the purposes of OPSG, the risk is defined as the potential for an adverse outcome assessed as a function of threats, vulnerabilities, and consequences associated with an incident, event, or occurrence.

Based upon ongoing intelligence analysis and extensive security reviews, DHS/CBP continues to focus the bulk of OPSG funds based upon risk analyses. The risk model used to allocate OPSG funds considers the potential risk that certain threats pose to border security and estimates the relative risk faced by a given area. In evaluating risk, DHS/CBP considers intelligence, situational awareness, criminal trends, and statistical data specific to each of the border sectors, and the potential impacts that these threats pose to the security of the border area. For vulnerability and consequence, DHS/CBP considers the expected impact and consequences of successful border events occurring in specific areas.

Threat and vulnerability are evaluated based on specific operational data from DHS/CBP.

Threat components present in each of the sectors are used to determine the overall threat score.

These components are terrorism, criminal aliens, drug trafficking organizations, and alien smuggling organizations.

Effectiveness of the proposed investments will be evaluated based on the recipient’s investment strategy, budget, collaboration, and past performance.

Period of Performance: 36 months
Extensions to the Period of Performance (PoP) are allowed. For additional information on PoP extensions, refer to the Preparedness Grants Manual.

Projected Period of Performance Start Date: September 1, 2020 Projected Period of Performance End Date: August 31, 2023 Funding Instrument: Grant

C. Eligibility Information

1. Eligible Applicants
The State Administrative Agency (SAA) is the only entity eligible to submit HSGP applications to DHS/FEMA, including those applications submitted on behalf of UASI and OPSG applicants. All 56 states and territories, including any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, are eligible to apply for SHSP funds. Tribal governments may not apply directly for HSGP funding; however, funding may be available to tribes under the SHSP and OPSG through the SAA.

2. Eligibility Criteria
Eligible high-risk urban areas for the FY 2020 UASI program have been determined through 111

FY 2020 HSGP NOFO

an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSAs) in the United States. Subawards will be made by the SAAs to the designated high-risk urban areas.

In FY 2020, OPSG eligible subrecipients are local units of government at the county level or equivalent level of government and Federally recognized tribal governments in states bordering Canada or Mexico and states and territories with international water borders. All applicants must have active ongoing USBP operations coordinated through a CBP sector office to be eligible for OPSG funding.

In FY 2020, OPSG subrecipients eligible to apply for and receive a subaward directly from the SAAs are divided into three Tiers. Tier 1 entities are local units of government at the county level or equivalent and Federally recognized tribal governments that are on a physical border in states bordering Canada, states bordering Mexico, and states and territories with international water borders. Tier 2 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 1 county.

Tier 3 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 2 eligible subrecipient. The tier structure is only applicable with regard to eligibility. OPSG funding allocations are based on the assessed border security risks as determined by the USBP.

3. Other Eligibility Criteria

National Incident Management System (NIMS) Implementation Prior to allocation of any Federal preparedness awards in FY 2020, recipients must ensure and maintain adoption and implementation of NIMS. Detailed information on NIMS requirements are in the Preparedness Grants Manual
.

Emergency Management Assistance Compact (EMAC) Membership In support of the Goal, SHSP recipients must belong to, be in, or act as a temporary member of EMAC, except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. All assets supported in part or entirely with FY 2020 HSGP funding must be readily deployable and NIMS-typed when possible to support emergency or disaster operations per existing EMAC agreements. In addition, funding may be used for the sustainment of core capabilities that, while they may not be physically deployable, support national response capabilities, such as Geographic/Geospatial Information Systems (GIS), interoperable communications systems, capabilities as defined under the Mitigation Mission Area of the Goal, and fusion centers.

Law Enforcement Terrorism Prevention Activities (LETPA) Per section 2006 of the Homeland Security Act of 2002, as amended (6 U.S.C. § 607), DHS/FEMA is required to ensure that at least 25 percent of grant funding appropriated for grants awarded under HSGP’s authorizing statute are used for law enforcement terrorism prevention activities. DHS/FEMA meets this requirement, in part, by requiring all recipients allocate at least 25 percent of the combined HSGP funds allocated under SHSP and UASI towards law enforcement terrorism prevention activities, as defined in 6 U.S.C. § 607. The LETPA allocation can be from SHSP, UASI, or both. The 25 percent LETPA allocation may be met by funding projects in any combination of the four national priority areas 112

FY 2020 HSGP NOFO

identified above and any other investments. And the 25 percent LETPA allocation is in addition to the 80 percent pass-through requirement to local units of government and tribes, referenced below.

The National Prevention Framework describes those activities that should be executed upon the discovery of intelligence or information regarding an imminent threat to the homeland, to thwart an initial or follow-on terrorist attack and provides guidance to ensure the Nation is prepared to prevent, avoid, or stop a threatened or actual act of terrorism. Activities outlined in the National Prevention Framework are eligible for use as LETPA-focused funds. Also, where capabilities are shared with the protection mission area, the National Protection Framework activities are also eligible. All other terrorism prevention activities proposed for funding under LETPA must be approved by the FEMA Administrator.

4. Cost Share or Match
There is no cost share or match requirement for the FY 2020 HSGP.

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date: February 14, 2020
b. Application Submission Deadline: April 30 15, 2020 at 5:00 p.m. ET

All applications must be received by the established deadline. The Non-Disaster (ND) Grants System has a date stamp that indicates when an application is submitted. Applicants will receive an electronic message confirming receipt of the full application. DHS/FEMA will not review applications that are received after the deadline or consider them for funding. DHS/FEMA may, however, extend the application deadline on request for an applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, or other exigent or emergency circumstances.

Applicants experiencing technical issues must notify the FEMA Headquarters (HQ) Program Analyst prior to the application deadline. If applicants do not know their FEMA HQ Program Analyst or if there are programmatic questions or concerns, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by e-mail at [email protected]
, Monday through Friday, 9:00 a.m. – 5:00 p.m. ET.

c. Anticipated Funding Selection Date: No later than 7/1/2020

d. Anticipated Award Date: No later than 9/30/2020

e. Other Key Dates:
113

FY 2020 HSGP NOFO
Event Suggested Deadline for Completion
Obtain DUNS Number 3/16/2020 3/1/2020
Obtain a valid Employer
Identification Number (EIN) 3/16/2020 3/1/2020
Update SAM registration 3/16/2020 3/1/2020
Submit the initial application in
Grants.gov 4/23/2020 4/8/2020
Submit the final application in ND
Grants 4/30/2020 4/15/2020, 5:00 p.m. ET

2. Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award.

3. Address to Request Application Package
See the Preparedness Grants Manual for information on requesting and submitting an application.

4. Steps Required to Submit an Application, Unique Entity Identifier, and System for Award Management (SAM)
T
o apply for an award under this program, all applicants must:
a. Apply for, update, or verify their Data Universal Numbering System (DUNS) Number from Dun & Bradstreet (D&B) and Employer ID Number (EIN)
b. In the application, provide a valid Data Universal Numbering System DUNS number, which is currently the unique entity identifier;
c. Have an account with login.gov;
d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;
e. Create a Grants.gov account;
f. Add a profile to a Grants.gov account;
a. Establish an Authorized Organizational Representative (AOR) in Grants.gov; b. Submit an initial application in Grants.gov;
g. Submit the final application in the Non-Disaster Grants (ND Grants) system and h. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency.

Applicants are advised that DHS may not make a federal award until the applicant has complied with all applicable DUNS and SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when DHS is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, DHS may determine that the applicant is not 114

FY 2020 HSGP NOFO

qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. See the Preparedness Grants Manual for additional information on the steps required to submit an application.

5. Electronic Delivery
DHS/FEMA is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS/FEMA requires applicants to submit their initial applications online through Grants.gov and to submit final
applications through ND Grants.

6. How to Register to Apply through Grants.gov
See the Preparedness Grants Manual for information on requesting and submitting an application.

7. How to Submit an Initial Application to DHS/FEMA via Grants.gov See the Preparedness Grants Manual for information on requesting and submitting an application.

8. Timely Receipt Requirements and Proof of Timely Submission As application submission is a two-step process, the applicant with the Authorized Organizational Representative (AOR) role who submitted the application will also receive an acknowledgement of receipt, a tracking number (in this format: GRANTXXXXXXXX) from Grants.gov, and an Agency Tracking Number (in this format: EMX-2020-XX-XXXX) with the successful transmission of the initial application. This notification does not serve as proof of timely submission, as the application is not complete until it is submitted in ND Grants. All applications must be received in ND Grants by 5:00 p.m. ET on April 30 15, 2020. Proof of timely submission is automatically recorded by ND Grants. An electronic date/time stamp is generated within the system when the application is successfully received by ND Grants. Additionally, the applicant(s) listed as contacts on the application will receive a system-generated email to confirm receipt.

9. Submitting the Final Application in Non-Disaster Grants System (ND Grants) After submitting the initial application in Grants.gov, eligible applicants will be notified by DHS/FEMA and asked to proceed with submitting their complete application package in ND Grants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement but no later than seven days before the application deadline. Early registration will allow applicants to have adequate time to start and complete their application.

In ND Grants applicants will be prompted to submit all of the information contained in the following forms. Applicants should review these forms before applying to ensure they have all the information required:
• Standard Form 424A, Budget Information (Non-construction); • Standard Form 424B, Standard Assurances (Non-construction); and • Standard Form LLL, Disclosure of Lobbying Activities.

In addition, applicants must submit copies of the following in ND Grants:
• Investment Justification (the Investment Justification Template may be found in the Related Documents Tab of the Grants.gov posting and used as a preparation tool; responses to questions in the Template are entered into the GRT); 115

FY 2020 HSGP NOFO

• List of Urban Area Working Group (UAWG) and Senior Advisory Committee (SAC) members;
• SAC charter;
• UAWG charter; and
• Indirect Cost Agreement, if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement. If the applicant is not required to have an indirect cost rate agreement but will charge indirect costs and is required to have an indirect cost rate proposal, the applicant must provide a copy of their indirect cost rate proposal with the application. See the section below on indirect costs for more information or contact the relevant Program Analyst or Grants Management Specialist for further instructions.

Applicants must submit copies of the following in ND Grants if applying for construction projects. The forms may be accessed in the Forms tab under SF-424 Family on Grants.gov
:
• Standard Form 424C, Budget Information (Construction); and • Standard Form 424D, Standard Assurances (Construction).

Applicants needing assistance registering for the ND Grants system should contact [email protected]
or (800) 865-4076, Monday through
Friday, 9 a.m. – 5 p.m. ET.

10. Content and Form of Application Submission
See the Preparedness Grants Manual for information on requesting and submitting an application.

HSGP Specific Application Instructions

Development of the Investment Justification (SHSP and UASI) As part of the FY 2020 HSGP application process for SHSP and UASI funds, applicants must develop formal investment justifications (IJs) that address the proposed investments. Failure to fulfill of all of the terms contained in this section will be considered by DHS/FEMA in its evaluation of the effectiveness of the IJs in accordance with the Risk Methodology and Effectiveness Review described in the Application Review Information and may result in rejection of proposed investments or reduced funding allocations.

Each IJ must demonstrate how proposed investments:
• Support terrorism preparedness;
• Support closing capability gaps or sustaining capabilities identified in the community’s THIRA/SPR process; and
• Support the overcoming of existing logistical, technological, legal, policy, and other impediments to collaborating, networking, sharing information, cooperating, and fostering a culture of national preparedness with federal, state, tribal, and local governments, as well as other regional, and nonprofit partners in efforts to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, support the national security mission of DHS and other federal agencies, and to otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation. 116

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Each IJ must explain how the proposed investments will support the applicant’s efforts to:
• Prevent a threatened or an actual act of terrorism;
• Prepare for all hazards and threats, while explaining the nexus to terrorism preparedness; • Protect citizens, residents, visitors, and assets against the greatest threats and hazards, relating to acts of terrorism; and/or
• Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of an act of terrorism or other catastrophic incidents.

Development of Investments and Projects (SHSP)
• Applicants must propose at least four and may include up to ten investments. • Required national priority investment justifications must include the name of the priority in the investment name for easy identification.
• Within each investment in their IJ, applicants must propose at least one project to describe the activities they plan to implement with SHSP funds. There is no limit to the number of projects that may be submitted.
• Of the proposed SHSP-funded investments, one single project, within the required intelligence and information sharing investment, must be in support of a designated fusion center. Recipients must coordinate with the fusion center when developing a fusion center project prior to submission. See additional information on how to develop the fusion center projects below.
• Of the proposed SHSP-funded investments, one project in each of the required Cybersecurity and Soft Targets/Crowded Places investments must be in support of enhancing election security.
• All emergency communications investments must describe how such activities align with their Statewide Communication Interoperable Plan (SCIP). Recipients must coordinate with their Statewide Interoperability Coordinator (SWIC) and/or Statewide Interoperability Governance Body (SIGB) when developing an emergency communications investment prior to submission to ensure the project supports the statewide strategy to improve emergency communications and is compatible and interoperable with surrounding systems. The investment name must include the words “emergency communications” to easily identify any emergency communications investments.
• All requested funding must be associated with specific projects. For each project, several pieces of information must be provided to submit the project for consideration in the application, including the name of the project, the project description, the name of the subrecipient, if applicable, the recipient type (e.g., state or local), the project location (zip code of the primary location of the project), the primary core capability the project supports, whether the project activities are shareable and deployable, and which priority area (if any) the project is in support of. Projects should describe how the proposed investment supports closing capability gaps or sustaining capabilities identified in the THIRA/SPR process. Failure to fulfill of all of the terms contained in this section may be considered in the evaluation of the effectiveness of the IJs in accordance with the Risk Methodology and Effectiveness Review described in the Application Review Information and may result in rejection of proposed investments or reduced funding allocations. • FEMA encourages states to use any DHS provided assessments, such as those performed 117

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by DHS’s Protective Security Advisors and Cybersecurity Advisors, when developing their investment justifications.

Priority Investments (SHSP)
States are encouraged to review the Strategic Framework for Countering Terrorism and Targeted Violence when developing investments.

Cybersecurity Investment Justification (5 percent)
At least one investment must be in support of the state’s cybersecurity efforts. The investment must meet or exceed the FY 2020 national priority percentage for cybersecurity, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of SHSP funds. Cybersecurity investments must support the security and functioning of critical infrastructure and core capabilities as they relate to preventing, preparing for, protecting against, or responding to acts of terrorism. Recipients and subrecipients of FY 2020 HSGP grant awards will be required to complete the 2020 Nationwide

Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The CIO, CISO or equivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. The 2020 NCSR will be open from October – December 2020.

• The NCSR is an annual requirement for recipients and subrecipients of HSGP funds.

Additionally, FEMA recognizes that some subawards will not be issued until after the NCSR has closed. In such cases, such subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by the pass-through entity. • Although not required by SLTTs that did not receive HSGP funds, all SLTT agencies with preparedness responsibilities are highly encouraged to participate and complete the NCSR to evaluate their cybersecurity posture. For detailed information and background on the NCSR, please see Information Bulletin 439.

In January 2017, the Department of Homeland Security designated the infrastructure used to administer the Nation’s elections as critical infrastructure. This designation recognizes that the United States’ election infrastructure is of such vital importance to the American way of life that its incapacitation or destruction would have a devastating effect on the country. Securing election infrastructure and ensuring an election free from foreign interference are national security priorities. Threats to election systems are constantly evolving, so defending these systems requires constant vigilance, innovation, and adaptation.

Given the importance of the Nation’s election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state’s efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security Agency.

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Soft Target Investment Justification (5 percent)
Soft targets and crowded places are increasingly appealing to terrorists and other extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not incorporate strict security measures. Given the increased emphasis by terrorists and other extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the public and private sectors collaborate to enhance security of locations such as transportation centers, parks, restaurants, shopping centers, special event venues, and similar facilities.

Given the increased risk to soft targets and crowded places, at least one investment must be in support of the state’s efforts to protect soft targets/crowded places. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for soft targets/crowded places and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments in order to receive a full allocation of SHSP funds. Additional resources and information regarding securing soft targets and crowded places are available through the Cybersecurity and Infrastructure Security Agency . States are encouraged to engaged
DHS’ Protective Security Advisors’ security assessments of soft targets to ensure that recommendations from those assessments are taken into consideration when allocating grant funding.

As noted above, given the importance of the Nation’s election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state’s efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security

Agency.

Information Sharing and Cooperation Investment Justification (5 percent) Effective homeland security operations rely on timely information sharing and actionable intelligence to accurately assess and prevent threats against the United States. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areas is critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security solutions, at least one investment must be in support of the state’s efforts to enhance information sharing and cooperation with DHS and other federal agencies. As noted above, this requirement must include at least one dedicated fusion center project. Additional instructions on development of the fusion center project can be found below. Applicants must justify persuasively how they 119

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will contribute to the information sharing and collaboration purposes of the investment and a culture of national preparedness, including how they will identify, address, and overcome any existing laws, policies, and practices that prevent information sharing. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for information sharing and cooperation with DHS, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of SHSP funds. Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis .

Emerging Threats Investment Justification (5 percent)
The spread of rapidly evolving and innovative technology, equipment, techniques, and knowledge presents new and emerging dangers for homeland security in the years ahead.

Terrorists remain intent on acquiring weapons of mass destruction (WMD) capabilities, and rogue nations and non-state actors are aggressively working to develop, acquire, and modernize WMDs that they could use against the Homeland. Meanwhile, biological and chemical materials and technologies with dual use capabilities are more accessible throughout the global market.

Due to the proliferation of such information and technologies, rogue nations and no-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned aircraft systems, artificial intelligence, and biotechnology increase opportunities of threat actors to acquire and use these capabilities against the United States and its interests.

Given the increased risk of emerging threats, at least one investment must be in support of the state’s efforts to address emerging threats. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for emerging threats, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of SHSP funds. Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and the Cybersecurity

and Infrastructure Security Agency.

Development of Investments and Projects (UASI)
• Applicants must propose at least four and may include up to ten investments. • Within each investment in their IJ, Urban Areas must propose at least one project to describe the activities they are planning to implement with UASI funds. There is no limit to the number of projects that may be submitted.
• Required national priority IJs must include the name of the priority in the investment name for easy identification.
• Of the proposed projects, Urban Areas are required to propose one single project, as part of the required intelligence and information sharing investment justification, in support of a designated fusion center within the Urban Area, if applicable. Recipients must coordinate with the fusion center when developing a fusion center project prior to submission. See additional information on how to develop fusion center investments below. • Of the proposed UASI-funded investments, one project in each of the required Cybersecurity and Soft Targets/Crowded Places investments, must be in support of enhancing election security.
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All emergency communications investments must describe how such activities align with their Statewide Communication Interoperable Plan (SCIP). Recipients must coordinate with their Statewide Interoperability Coordinator (SWIC) and/or Statewide Interoperability Governance Body (SIGB) when developing an emergency communications investment prior to submission to ensure the project supports the statewide strategy to improve emergency communications and is compatible and interoperable with surrounding systems. The investment name must include the words “emergency communications” to easily identify any emergency communications investments.

All requested funding must be associated with specific projects. For each project, several pieces of information must be provided to submit the project for consideration in the application, including the name of the project, the project description, the name of the subrecipient, if applicable, the recipient type (e.g., state or local), the project location (zip code of the primary location of the project), the primary core capability the project supports, whether the project activities are shareable and deployable, and which priority area (if any) the project is in support of. Projects should describe how the proposed investment supports closing capability gaps or sustaining capabilities identified in the THIRA/SPRprocess

Priority Investments - UASI
High-risk urban areas are encouraged to review the Strategic Framework for Countering Terrorism and Targeted Violence when developing investments.

Cybersecurity Investment Justification (5 percent)
At least one investment must be in support of the urban area’s cybersecurity efforts. The investment must meet or exceed the FY 2020 national priority percentage for cybersecurity, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI and SHSP funds. Cybersecurity investments must support the security and functioning of critical infrastructure and core capabilities as they relate to preventing, preparing for, protecting against, or responding to acts of terrorism. Recipients and subrecipients of FY 2020 HSGP awards will be required to complete the 2020 Nationwide Cybersecurity Review
(NCSR), enabling agencies to benchmark
and measure progress of improving their cybersecurity posture. The CIO, CISO or equivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2- 3 hours to complete. The 2020 NCSR will be open from October – December 2020.

• The NCSR is an annual requirement for recipients and subrecipients of HSGP funds.

Additionally, FEMA recognizes that some subawards will not be issued until after the NCSR has closed. In such cases, such subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by the pass-through entity. •
Although not required by SLTTs that did not receive HSGP funds, all SLTT agencies with preparedness responsibilities are highly encouraged to participate and complete the NCSR to evaluate their cybersecurity posture. For detailed information and background on the NCSR, please see Information Bulletin 439.
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In January 2017, the Department of Homeland Security designated the infrastructure used to administer the Nation’s elections as critical infrastructure. This designation recognizes that the United States’ election infrastructure is of such vital importance to the American way of life that its incapacitation or destruction would have a devastating effect on the country. Securing election infrastructure and ensuring an election free from foreign interference are national security priorities. Threats to election systems are constantly evolving, so defending these systems requires constant vigilance, innovation, and adaptation.

Given the importance of the Nation’s election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state’s efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security Agency.

Soft Target Investment Justification (5 percent)
Soft targets and crowded places are increasingly appealing to terrorists and other extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not incorporate strict security measures. Given the increased emphasis by terrorists and other extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the public and private sectors collaborate to enhance security of locations such as transportation centers, parks, restaurants, shopping centers, special event venues, and similar facilities.

Given the increased risk to soft targets and crowded places, at least one investment must be in support of the urban area’s efforts to protect soft targets/crowded places. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for soft targets/crowded places and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding securing soft targets and crowded places are available through the Cybersecurity and Infrastructure Security Agency .

As noted above, given the importance of the Nation’s election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state’s efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security

Agency.

Information Sharing and Cooperation Investment Justification (5 percent) Effective homeland security operations rely on timely information sharing and actionable intelligence to accurately assess and prevent threats against the United States. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areas is 122

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critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security solutions, at least one investment must be in support of the urban area’s efforts to enhance information sharing and cooperation with DHS and other federal agencies. As noted above, this requirement must include at least one dedicated fusion center project. Additional instructions on development of the fusion center project can be found below. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the investment and a culture of national preparedness, including how they will identify, address, and overcome any existing laws, policies, and practices that prevent information sharing.

Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for information sharing and cooperation with DHS, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis .

Emerging Threats Investment Justification (5 percent)
The spread of rapidly evolving and innovative technology, equipment, techniques, and knowledge presents new and emerging dangers for homeland security in the years ahead.

Terrorists remain intent on acquiring weapons of mass destruction (WMD) capabilities, and rogue nations and non-state actors are aggressively working to develop, acquire, and modernize WMDs that they could use against the Homeland. Meanwhile, biological and chemical materials and technologies with dual use capabilities are more accessible throughout the global market.

Due to the proliferation of such information and technologies, rogue nations and non-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned aircraft systems, artificial intelligence, and biotechnology increase opportunities of threat actors to acquire and use these capabilities against the United States and its interests.

Given the increased risk of emerging threats, at least one investment must be in support of the urban area’s efforts to address emerging threats. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for emerging threats, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and
the Cybersecurity and Infrastructure Security Agency.

Development of Fusion Center Projects (SHSP and UASI)
If applicable, each applicant must identify a fusion center project that will:
• Indicate alignment to a designated Fusion Center.
• Provide both a brief narrative description and funding itemization for the proposed project activities that directly support the designated fusion center. • The descriptive narrative and the financial itemization should align improvement or sustainment requests with fusion center activities as they relate to the Fusion Center Performance Measures found in the Preparedness Grants Manual.
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• If the project description and funding itemization do not directly support the fusion center or clearly align to the Fusion Center Performance Measures, then the project may be conditionally approved until a Fusion Center Addendum is submitted.

Sample Fusion Center Funding Itemization
A sample project description and funding itemization are below. For the itemized projects, clearly identify the anticipated fusion center performance improvement or sustainment as a result of the proposed funding.

The X Fusion enhancement project will fund:
• Salaries, benefits, and training for X number of Fusion Center intelligence analysts • Travel costs associated with fusion center analyst training. • This project will directly sustain the Center’s current capabilities and performance and directly aligns with performance measures 2020.XXX.
• We anticipate seeing an improvement in the quality and quantity of analytic production and responses to requests for information as a direct result of the funding of this project.

The funding itemization for a fusion center project should include the amount and percent of each relevant solution area. As an example:

Solution Area and Amount of Proposed
Funding
Percent of Proposed
Funding
Planning: $10,000.00 2%
Organization: $200,000 48%
Equipment: $200,000 48%
Training: $10,000 2%
Exercises: $0 0%
Total: $420,000 100%

Completing IJs in the Grant Reporting Tool (GRT) (SHSP and UASI) In the Related Documents section of the Grants.gov posting, applicants can find the IJ template and instructions for collecting the required information for investments and projects. Additionally, applicants should utilize the Project Worksheet located in Grants.gov posting to assemble the information required for each project, which will facilitate the input of that information into the GRT.

Development of Concept of Operations for OPSG
As part of the FY 2020 OPSG application process, each eligible local unit of government at the county or Federally recognized tribal government level must develop a strategic plan called a Concept of Operations (CONOP)/Application, which is a formal proposal of action to address a specific situation and forms the basis for Operations Orders, in coordination with state and Federal law enforcement agencies, to include, but not limited to CBP/USBP. CONOPs that are developed at the county level should be inclusive of city, county, tribal, and other local law enforcement agencies that are eligible to participate in OPSG operational activities, and the CONOP/Application should describe participating agencies in the Executive Summary.

CONOP/Application details should include the names of the agencies, points of contact, and individual funding requests. All CONOPs/Applications must be developed in collaboration with 124

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the local USBP sector office, the SAA and the local unit of government. Requests for funding in CONOPs/Applications must be based on risks and the operational enforcement support requirements of its corresponding USBP Sector, as well as the national priorities identified below. USBP Sector offices will forward the CONOPs to USBP Headquarters for vetting and coordination. Applicants will forward corresponding OPSG Applications to the SAA for submission to FEMA. USBP Headquarters will reconcile all submitted CONOPs with the OPSG Applications. FEMA will review and evaluate all CONOPs and OPSG Applications and funding will be allocated based on the review and selection criteria identified in this NOFO.

OPSG Applicants will be required to clearly articulate and identify how the CONOPs will address the national priorities identified below.

Information Sharing and Cooperation
Effective border security operations rely on timely information sharing and actionable intelligence to accurately assess and prevent threats against the United States. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areas is critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security solutions, the CONOP must be in support of the recipient’s efforts to enhance information sharing and cooperation with DHS and other federal agencies. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the OPSG program and a culture of national preparedness, including how they will identify, address, and overcome any existing laws, policies, and practices that prevent information sharing. Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis .

Emerging Threats
The spread of rapidly evolving and innovative technology, equipment, techniques, and knowledge presents new and emerging dangers for homeland security in the years ahead.

Terrorists remain intent on acquiring weapons of mass destruction (WMD) capabilities, and rogue nations and non-state actors are aggressively working to develop, acquire, and modernize WMDs that they could use against the Homeland. Meanwhile, biological and chemical materials and technologies with dual use capabilities are more accessible throughout the global market.

Due to the proliferation of such information and technologies, rogue nations and non-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned aircraft systems, artificial intelligence, and biotechnology increase opportunities of threat actors to acquire and use these capabilities against the United States and its interests.
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Given the increased risk of emerging threats, the CONOP must be in support of the recipient’s efforts to address emerging threats. Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and the
Cybersecurity and Infrastructure Security Agency.

11. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their state’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372. See https://www.archives.gov/Federal-register/codification/executive-order/12372.html ;
https://www.whitehouse.gov/wp-content/uploads/2017/11/SPOC-Feb.-2018.pdf.

12. Funding Restrictions
Federal funds made available through this award may be used for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other Federal awards, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal Government or any other government entity. See the Preparedness Grants Manual for
more information on funding restrictions.

13. Environmental Planning and Historic Preservation (EHP) Compliance See the Preparedness Grants Manual for information on EHP Compliance.

14. Emergency Communications Investments
If an entity uses HSGP funding to support emergency communications investments, the following requirements shall apply to all such grant-funded communications investments in support of the emergency communications priorities and recognized best practices:
• Applicants must describe in the investment how proposed communications investments align to needs identified in their SCIP. Effective project alignment will require advance coordination with the SWIC and consultation with governing bodies such as the SIGB or Statewide Interoperability Executive Committee (SIEC), as they serve as the primary steering group for the statewide interoperability strategy. Additionally, recipients should consult subject matter experts serving on governance bodies, such as broadband experts, chief information officers, representatives from utilities, or legal and financial experts, when developing proposals.
• The signatory authority for the SAA must certify in writing to DHS/FEMA their compliance with the SAFECOM Guidance. The certification letter should be coordinated with the SWIC for each state and must be uploaded to ND Grants at the time of the first Program Performance Report (PPR) submission. • All states and territories must designate a full-time SWIC who has the authority and resources to actively improve interoperability with emergency management and response agencies across all levels of government, to include establishing statewide plans, policies, and procedures, and coordinating decisions on communications investments funded through Federal grants. Note that the designated full-time SWIC may also be the state’s or territory’s cybersecurity point of contact. SWIC status information will be maintained by the DHS Office of Emergency Communications and will be verified by FEMA GPD through programmatic monitoring activities.

• By the period of performance end date, all states and territories must update the SCIP, with a focus on communications resilience/continuity, to include assessment and

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mitigation of all potential risks identified in the SCIP: natural disasters, accidental damage (human failures), intentional damage (sabotage, terrorism), cybersecurity, etc.

Following the initial update, the SCIP should be updated on an annual basis. SCIP status information will be maintained by the DHS Office of Emergency Communications and will be verified by FEMA GPD through programmatic monitoring activities.

All states and territories must test their emergency communications capabilities and procedures (as outlined in their operational communications plans) in conjunction with regularly planned exercises (separate/addition emergency communications exercises are not required) and must submit an After Action Report/Improvement Plan (AAR/IP) to the Homeland Security Exercise and Evaluation Program’s (HSEEP) electronic message inbox at [email protected] within 90
days of exercise completion. Exercises should be used to both demonstrate and validate skills learned in training and to identify gaps in capabilities. Resilience and continuity of communications should be tested during training and exercises to the greatest extent possible.

Further, exercises should include participants from multiple jurisdictions, disciplines, and levels of government and include emergency management, emergency medical services, law enforcement, interoperability coordinators, public health officials, hospital officials, officials from colleges and universities, and other disciplines and private sector entities, as appropriate.

Findings from exercises should be used to update programs to address gaps in emergency communications as well as emerging technologies, policies, and partners. Recipients are encouraged to increase awareness and availability of emergency communications exercise opportunities across all levels of government.

States, territories, and other eligible grant recipients are advised that HSGP funding may be used to support communications planning (including the cost of hiring a SWIC, participation in governance bodies and requirements delineated above
), training, exercises, and equipment costs.

Costs for transitioning to the FirstNet network may also be eligible. More information regarding FirstNet can be found in the
Preparedness Grants Manual.

15. Detailed Budget
Applicants must provide budget summary worksheets for all funds requested at the time of application. The budget summary worksheets must be complete, reasonable, and cost-effective in relation to the proposed project and should provide the basis of computation of all project- related costs (including management and administrative costs) and any appropriate narrative.

FEMA must be able to thoroughly evaluate the projects being submitted based on the information provided. FEMA must be able to determine how much funding is being used by the direct recipient for projects carried out by the direct recipient and how much funding is being passed through to sub-recipients for each sub-program (UASI, SHSP, OPSG). Consequently, applicants must provide an appropriate level of detail within the budget summary worksheets to clarify what will be purchased and spent. Sample budget summary worksheets are available on the grants.gov posting for the HSGP in the Related Documents tab and may be used as a guide to assist applicants in the preparation of budgets and budget narratives.

16. Funds Transfer Restriction
The recipient is prohibited from transferring funds between programs (includes the SHSP, the UASI, and OPSG). Recipients can submit an investment/project where funds come from multiple funding sources (e.g., the SHSP and UASI), however, recipients are not allowed to 127

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divert funding from one program to another due to the risk-based funding allocations, which were made at the discretion of DHS/FEMA.

17. Pre-Award Costs
Pre-award costs are allowable only with the prior written approval of DHS/FEMA and as included in the award agreement. To request pre-award costs, a written request must be included with the application, signed by the Authorized Representative of the entity. The letter must outline what the pre-award costs are for, including a detailed budget break-out of pre-award costs from the post-award costs, and a justification for approval.

18. Cost Principles
Costs charged to this award must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. For more information on 2 C.F.R. Part 200, please refer to FEMA GPD Information Bulletin 400
, FEMA’s Implementation of 2 C.F.R. Part 200, the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Super Circular” or “Omni Circular”).

19. Direct Costs
a. Planning
Planning costs are allowed under this program.

b. Organization
Organization costs are allowed under this program.

c. Equipment
Equipment costs are allowed under this program.

d. Training
Training costs are allowed under this program.

e. Exercises
Exercise costs are allowed under this program.

f. Personnel
Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable HSGP planning, organization, training, exercise, and equipment activities. Under OPSG, overtime costs are allowable only in so far as they meet the intent of the program. All recipients and subrecipients of HSGP funds, including SHSP, UASI, and OPSG allocations, may not use more than 50 percent of their awards to pay for personnel activities unless a waiver is approved by FEMA. For more information on the 50 percent personnel cap, please see FEMA Information Bulletin (IB) 421, Clarification on the Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008 (Public Law 110-412) – the PRICE Act.

g. Operational Overtime
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h. Travel
Domestic travel costs are allowed under this program, as provided for in this NOFO. International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA.

i. Construction and Renovation
Construction and renovation costs to achieve capability targets related to preventing, preparing for, protecting against, or responding to acts of terrorism are allowed under this program. For construction and renovation costs to be allowed, they must be specifically approved by DHS/FEMA in writing prior to the use of any program funds. Applicants must use the EHP approval process. Limits on the total amount of grant funding that may be used for construction or renovation may apply. Additionally, recipients are required to submit Standard Form 424C.

j. Maintenance and Sustainment
Maintenance- and sustainment-related costs, such as maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees, are allowable as described in FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants Policy (http://www.fema.gov/media-library/assets/documents/32474).

k. Management and Administration (M&A) Costs
Management and administration (M&A) activities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring. A maximum of up to five percent of HSGP funds awarded may be retained by the state, and any funds retained are to be used solely for M&A purposes associated with the HSGP award.

Subrecipients may also retain a maximum of up to five percent of the funding passed through by the state solely for M&A purposes associated with the HSGP award.

Recipients or subrecipients may apply or credit M&A funding toward the recipient’s requirement to allocate funding toward the four national priority areas. For example, if a recipient spends $5,000 to manage or administer its funding dedicated toward its enhancing cybersecurity investment, the recipient may credit that funding toward its requirement to allocate at least 5 percent of its award to enhancing cybersecurity.

A state’s HSGP funds for M&A calculation purposes includes the total of its SHSP, UASI, and OPSG awards. While the SAA may retain up to five percent of this total for M&A, the state must still ensure that all subrecipient award amounts meet the mandatory minimum pass- through requirements that are applicable to each HSGP program. To meet this requirement, the percentage of SHSP and UASI funds passed through to local or tribal jurisdictions must be based on the state’s total HSGP award prior to withholding any M&A.

In retaining these funds, states may retain a maximum of 2.5 percent of the OPSG allocation, which must be withheld from the pass-through to each subrecipient county or tribe in an equal percentage. The SAA may also retain additional funding from its SHSP award to manage and administer the OPSG award, but that additional amount is also capped at an amount equal to

2.5 percent of the OPSG award. Examples applying this principle:
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SAA 1:

SHSP: $1,000,000
OPSG: $2,500,000
UASI: $2,500,000
M&A Maximum: $300,000 (5 percent of $6,000,000)
Maximum M&A for SHSP = $50,000
Maximum M&A for OPSG = $125,000. Of that amount, $62,500 (2.5 percent) may be retained from the OPSG allocation, and the other $62,500 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $50,000 available to manage the SHSP allocation.

SAA 2:

SHSP: $3,500,000
OPSG: $1,000,000
M&A Maximum: $225,000 (5 percent of $4,500,000)
Maximum M&A for SHSP: $175,000
Maximum M&A for OPSG = $50,000. Of that amount, $25,000 (2.5 percent) may be retained from the OPSG allocation, and the other $25,000 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $175,000 available to manage the SHSP allocation.

Please note, Information Bulletin (IB) 365: Management and Administration Costs in the Homeland Security and DHS/FEMA Policy 207-087-1, which can be found at https://www.fema.gov/sites/default/files/2020-08/fema_clarification-allowable-m-a-costs- under-opsg.pdf?id=7837, do not apply to awards made in FY 2020 under this NOFO.

The IB and Policy remain in effect for all previous awards.

L. Critical Emergency Supplies
Critical emergency supplies are allowed under this program.

M. S
ecure Identification
Secure Identification costs are allowed under this program.

N. Indirect (Facilities & Administrative [F&A]) Costs
Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Post-award requests to charge indirect costs will be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above.

O. General Purpose Equipment
HSGP allows expenditures on general purpose equipment if it aligns to and supports one or more core capabilities identified in the Goal and has a nexus to terrorism preparedness. General purpose equipment, like all equipment funded under the HSGP, must be sharable through the 130

FY 2020 HSGP NOFO

Emergency Management Assistance Compact (EMAC)3 and allowable under 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended.

Examples of such general-purpose equipment may include:
• Law enforcement vehicles;
• Emergency medical services (EMS) equipment and vehicles; • Fire service equipment and vehicles, to include hose, pump accessories, and foam concentrate for specialized chemical, biological, radiological, nuclear, and explosives (CBRNE) response;
• Interoperability of data systems, such as computer aided dispatch (CAD) and record management systems (RMS); and
• Office equipment for staff4 engaged in homeland security program activity.

Equipment allowability is based on the Authorized Equipment List (AEL) but exceptions may be considered on a case-by-case basis if (1) the equipment identified to be purchased directly maps to a core capability contained within the Goal, and (2) the equipment’s purpose (when operational) falls under the permitted use of funds in accordance with 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended.

P. Allowable Cost Matrix
The following matrix provides allowable cost activities that fall under each of the cost categories noted above. Recipients and subrecipients must follow all applicable requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Funds under HSGP may be used to cover the costs for evaluating the impact of these grants on the state or urban area’s core capabilities and capability gaps. This list is not exhaustive, therefore, if there are any questions regarding allowable costs, please contact the appropriate HQ GPD Program Analyst. For additional information on allowable costs, see the Preparedness Grants Manual.

Allowable Program Activities SHSP UASI OPSG
Allowable Planning Costs
Developing hazard/threat-specific annexes Y Y N
Developing and implementing homeland security support programs and adopting ongoing DHS/FEMA nationalinitiatives

Y

Y

N
Developing related terrorism and other catastrophic event prevention activities Y Y N Developing and enhancing plans and protocols Y Y N
Developing or conducting assessments Y Y N
Hiring of full- or part-time staff or contract/consultants to assist with planning activities

Y

Y

N
Materials required to conduct planning activities Y Y N Travel/per diem related to planning activities Y Y Y
Overtime and backfill costs (in accordance with operational Cost Guidance) Y Y Y Issuance of WHTI-compliant Tribal identification cards Y N N Activities to achieve planning inclusive of people with disabilities and others with access and functional needs and limited English proficiency. Y Y N

3 Except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time.
4 This applies to all homeland security personnel and is not limited to management and administration staff, and costs are to be captured outside the cap on management and administration costs 131

FY 2020 HSGP NOFO

Allowable Program Activities SHSP UASI OPSG
Coordination with Citizen Corps Councils for public information/education and development of volunteer programs Y Y N
Update governance structures and processes and plans for emergency communications Y Y N Development, and review and revision of continuity of operations plans Y Y N Development, and review and revision of the THIRA/SPR continuity of operations plans Y Y N Allowable Organizational Activities
Note: Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant.

Program management Y Y N
Development of whole community partnerships Y Y N
Structures and mechanisms for information sharing between the public and private sector Y Y N
Implementing models, programs, and workforce enhancement initiatives Y Y N Tools, resources, and activities that facilitate shared situational awareness between the public and private sectors Y Y N
Operational support Y Y N
Utilization of standardized resource management concepts Y Y N Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event Y Y N Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50 percent of the allocation) Y Y Y Overtime for information, investigative, and intelligence sharing activities (up to 50 percent of the allocation) Y Y Y
Hiring of new staff positions/contractors/consultants for participation in information/intelligence analysis and sharing groups or fusion center activities (up to 50 percent of theallocation).

Y

Y

Y
Allowable Equipment Categories
Personal Protective Equipment Y Y Y
Allowable Equipment Categories
Explosive Device Mitigation and Remediation Equipment Y Y N CBRNE Operational Search and Rescue Equipment Y Y N
Information Technology Y Y Y
Cybersecurity Enhancement Equipment Y Y N
Interoperable Communications Equipment Y Y Y
Detection Y Y Y
Decontamination Y Y N
Medical countermeasures Y Y Y
Power (e.g., generators, batteries, power cells) Y Y Y
CBRNE Reference Materials Y Y N
CBRNE Incident Response Vehicles Y Y N
Terrorism Incident Prevention Equipment Y Y Y
Physical Security Enhancement Equipment Y Y Y
Inspection and Screening Systems Y Y Y
Animal Care and Foreign Animal Disease Y Y N
CBRNE Prevention and Response Watercraft Y Y N
CBRNE Prevention and Response Unmanned Aircraft Y Y N
CBRNE Aviation Equipment Y Y N
CBRNE Logistical Support Equipment Y Y N
Intervention Equipment (e.g., tactical entry, crime scene processing) Y Y Y Critical emergency supplies Y Y N
Vehicle acquisition, lease, and rental N N Y
Other Authorized Equipment Y Y Y
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FY 2020 HSGP NOFO

Allowable Program Activities SHSP UASI OPSG
Allowable Training Costs
Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes Y Y N
Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Y Y N
Training workshops and conferences Y Y Y
Activities to achieve training inclusive of people with disabilities and others with access and functional needs and limited English proficiency Y Y N Full- or part-time staff or contractors/consultants Y Y Y Travel Y Y Y
Supplies Y Y N
Instructor certification/re-certification Y Y N
Coordination with Citizen Corps Councils in conducting training exercises Y Y N Interoperable communications training Y Y N
Activities to achieve planning inclusive of people with limited English proficiency Y Y N Immigration enforcement training Y Y Y
Allowable Exercise Related Costs
Design, Develop, Conduct, and Evaluate an Exercise Y Y N Full- or part-time staff or contractors/consultants Y Y N Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercises Y Y N Implementation of HSEEP Y Y N
Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs Y Y N
Travel Y Y N
Supplies Y Y N
Interoperable communications exercises Y Y N
Allowable Exercise Related Costs
Activities to achieve planning inclusive of people with limited English proficiency Y Y N Allowable Management & Administrative Costs
Hiring of full- or part-time staff or contractors/consultants to assist with the management of the respective grant program, application requirements, and compliance with reporting and data collection requirements

Y

Y

Y
Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Y Y Y
Overtime and backfill costs Y Y Y
Travel Y Y Y
Meeting related expenses Y Y Y
Authorized office equipment Y Y Y
Recurring expenses such as those associated with cell phones and faxes during the PoP of the grant program Y Y N
Leasing or renting of space for newly hired personnel during the PoP of the grant Program Y Y N
Law Enforcement Terrorism Prevention Activities (LETPA) Costs Integration and interoperability of systems and data, such as CAD and RMS, to facilitate the collection, Y Y N
Maturation and enhancement of designated state and major Urban Area fusion centers Y Y N
Coordination between fusion centers and other analytical and investigative efforts Y Y N 133

FY 2020 HSGP NOFO

Allowable Program Activities SHSP UASI OPSG
Implementation and maintenance of the Nationwide SAR Initiative Y Y N Implementation of the "If You See Something, Say Something®" campaign Y Y N Increase physical security, through law enforcement personnel and other protective measures, by implementing preventive and protective measures at critical Y Y N Building and sustaining preventive radiological and nuclear detection capabilities Y Y N

E. Application Review Information

1. Application Evaluation Criteria
a. Programmatic Criteria
Allocations

Risk Methodology and Effectiveness Review
The risk methodology and effectiveness review first determine the relative risk of terrorism faced by a given area considering the potential risk of terrorism to people, critical infrastructure, and economic security. The analysis includes, but is not limited to, threats from violent domestic extremists, international terrorist groups, and individuals inspired by terrorists abroad.

See the Preparedness Grants Manual
and Application Evaluation Criteria for additional
information on risk methodology and effectiveness review.

The second part of the risk methodology and effectiveness review determines whether the proposed project is clear, logical, and reasonable to address the priority area of interest and contribute to a culture of national preparedness. This part considers factors such as how well the project is described and how well the project addresses the objectives and strategies of the priority area.

Risk and effectiveness will be given equal consideration in determining final award amounts.

NOTE: The THIRA/SPR process is separate from the risk methodology and effectiveness review, and its results do not affect grant allocations.

Evaluation Criteria
FEMA will evaluate the FY 2020 HSGP applications for completeness, adherence to programmatic guidelines, and anticipated effectiveness of the proposed investments. FEMA’s review will include verification that each IJ or project:
• Meets the national priority required spend percentages. • Aligns with at least one core capability identified in the Goal; • Demonstrates how investments support closing capability gaps or sustaining capabilities identified in the THIRA/SPR process; and
• Supports a NIMS-typed resource and whether those assets are deployable/shareable to support emergency or disaster operations per existing EMAC agreements. 134

FY 2020 HSGP NOFO

In addition to the above, FEMA will determine whether the proposed approach is clear, logical, and reasonable to address the priority areas of interest and contribute to a culture of national preparedness. This part considers factors such as the objectives and strategies proposed to address the priority area, how the objectives and strategies overcome legal, political, or practical obstacles to reduce overall risk, the process and criteria to select additional relevant projects, and the approach to monitor awards to satisfy the funding percentage allocations. Effectiveness will be evaluated prior to award and may impact the final overall award amount. To that end, IJs should include:
• How the proposed investment addresses the national priority; • An explanation of how the proposed projects were selected and will achieve objectives and strategies to build or sustain the core capability gaps identified in the SPR, including expected long-term impact where applicable;
• A summary of laws, policies and practices that can be enhanced, eliminated, or otherwise changed in order to achieve the goals of the project and foster a culture of national preparedness;
• A summary of the collaboration efforts to prevent, prepare for, protect against, and respond to acts of terrorism as well as anticipated outcomes of the project.

For FY 2020 HSGP applications, effectiveness will be evaluated based on the following five factors:
• Investment Strategy (30%): Proposals will be evaluated based on the quality and extent to which applicants describe an effective strategy that demonstrates that proposed projects support the program objective of preventing, preparing for, protecting against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation.

• Budget (10%): Proposals will be evaluated based on the extent to which applicants describe a budget plan for each investment demonstrating how the applicant will maximize cost effectiveness of grant expenditures.

• Impact/Outcomes (30%): Proposals will be evaluated on how this investment helps the jurisdiction close capability gaps identified in its Stakeholder Preparedness Review and addresses national priorities outlined in the FY 2020 NOFO. Further, proposals will be evaluated on their identification and estimated improvement of core capability(ies), theassociated standardized target(s) that align with their proposed investment, and the ways in which the applicant will measure and/or evaluate improvement.

• Collaboration (30%): Proposals will be evaluated based on the degree to which the proposal adequately details how the recipient will use investments and other means to overcome existing logistical, technological, legal, policy, and other impediments to collaborating, networking, sharing information, cooperating, and fostering a culture of national preparedness with federal, state, tribal, and local governments, as well as other regional and nonprofit partners in efforts to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, support the national security mission of DHS and other federal agencies, and to otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources.

• Past Performance (additional consideration): Proposals will be evaluated based on the 135

FY 2020 HSGP NOFO

applicants demonstrated capability to execute the proposed investments. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources.

Recipients are expected to conform, as applicable, with accepted engineering practices, established codes, standards, modeling techniques, and best practices, and participate in the development of case studies demonstrating the effective use of grant funds, as requested.

Review and Selection Process (SHSP and UASI)
To ensure the effectiveness of proposed investments and projects, all applications will undergo a Federal review as described herein. The Federal review will be conducted by DHS and FEMA. IJs will be reviewed at both the investment and project level. Results of the effectiveness analysis may result in a recipient receiving a reduced grant award.

Cybersecurity investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

Soft Targets/Crowded Places investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

Information Sharing and Cooperation Investments will be reviewed by DHS/FEMA, DHS Intelligence and Analysis, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

As part of the above, Fusion center projects will be reviewed by DHS/FEMA for compliance with HSGP NOFO requirements to prioritize the alignment of requests with results from the annual Fusion Center Assessment Program. If a fusion center investment does not meet the requirements, a Fusion Center Addendum must be completed and submitted for review and approval prior to expending funds allocated to fusion center activities.

Emerging threats investments will be reviewed by DHS/FEMA, DHS Countering Weapons of Mass Destruction Office, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

All other proposed investments not associated with a required investment justification will undergo a Federal review by DHS/FEMA to verify compliance with all administrative and eligibility criteria identified in the NOFO.

Review and Selection Process (OPSG)
Applications will be reviewed by the SAA and USBP for completeness and adherence to programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the 136

FY 2020 HSGP NOFO

Operations Orders. For more information on Operations Orders and other requirements of OPSG, see the Preparedness Grants Manual.

DHS/FEMA will verify compliance with all administrative and eligibility criteria identified in the NOFO and required submission of Operations Orders and Inventory of Operations Orders by the established due dates. DHS/FEMA and USBP will use the results of both the risk analysis and the Federal review by DHS/FEMA to make recommendations for funding to the Secretary of Homeland Security.

FY 2020 OPSG funds will be allocated competitively based on risk-based prioritization using the OPSG Risk Assessment described above. Final funding allocations are determined by the Secretary, who may consider information and input from various law enforcement offices or subject-matter experts within the Department. Factors considered include, but are not limited to, threat, vulnerability, miles of the border, and other border-specific law enforcement intelligence, as well as the feasibility of FY 2020 Operations Orders to designated localities within border states and territories.
b. Financial Integrity Criteria
Prior to making a Federal award, DHS/FEMA is required by 31 U.S.C. § 3321 note, 41 U.S.C. § 2313, and 2 C.F.R. § 200.205 to review information available through any OMB- designated repositories of government-wide eligibility qualification or financial integrity information. Application evaluation criteria may include the following risk-based considerations of the applicant:
• Financial stability;
• Quality of management systems and ability to meet management standards; • History of performance in managing Federal awards;
• Reports and findings from audits; and
• Ability to effectively implement statutory, regulatory, or other requirements.

c. Supplemental Financial Integrity Review
Prior to making a Federal award where the anticipated Federal share of a Federal award will be greater than the simplified acquisition threshold, currently $250,000 (see Section 805 of the National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 115-91, OMB Memorandum M-18-18 at https://www.whitehouse.gov/wp-content/uploads/2018/06/M-18-

18.pdf; see also FEMA GPD Information Bulletin No. 434, Increases and Changes to the Micro- Purchase and Simplified Acquisition Thresholds):
• DHS/FEMA is required to review and consider any information about the applicant in the designated integrity and performance system accessible through the System for Award Management (SAM), which is currently the Federal Awardee Performance and Integrity

Information System (FAPIIS) and is also accessible through the SAM website. • An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a Federal awarding agency previously entered. • DHS/FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants, as described in 2 C.F.R. § 200.205. 137