HomeMy WebLinkAboutC-20-27 Higher Level of Care RedactedApplicant (Entity) Information
Application Type
Proposed Location
Commercial Cannabis Business
Permit Application
C-20-27
Submitted On: Dec 04, 2020
Applicant
Wesley Clark
wesleyclark@horizoncapital.us
Applicant (Entity) Name:
Fresno Cares
DBA:
Higher Level of Care
Physical Address:
4795 N. Blackstone
City:
Fresno
State:
CA
Zip Code:
93726
Primary Contact Same as Above?
Yes
Primary Contact Name:
Wesley Clark
Primary Contact Title:
Director of Marketing
Primary Contact Phone:
Primary Contact Email:
Wesleyclark@horizoncapital.us
HAS ANY INDIVIDUAL IN THIS APPLICATION APPLIED FOR
ANY OTHER CANNABIS PERMIT IN THE CITY OF FRESNO?:
No
Select one or more of the following categories. For each
category, indicate whether you are applying for Adult-Use (“A”)
or/and Medicinal (“M”) or both
Both
Please make one selection for permit type. If making multiple
applications, please submit a new application for each permit
type and proposed location.
Permit Type
Retail (Storefront)
Business Formation Documentation:
Corporation
Property Owner Name:
Julian Lim
Proposed Location Address:
4795 N. Blackstone
City:
Fresno
State:
CA
Zip Code:
93726
Property Owner Phone:
Property Owner Email:
julian@fresnocommunitygroup.com
Assessor's Parcel Number (APN):
425-252-20
Proposed Location Square Footage:
Supporting Information
Application Certification
Owner Information
1805
List all fictitious business names the applicant is operating under including the address where each business is located:
The applicant is not currently operating in any jurisdiction.
Has the Applicant or any of its owners been the subject of any
administrative action, including but not limited to suspension,
denial, or revocation of a cannabis business license at any time
during the past three (3) years?
No
Is the Applicant or any of its owners currently involved in an
application process in any other jurisdiction?
Yes
If so, please list and explain:
The owners Wesley Clark, Tyson Hunter, and Salvatore Palma are applicants in for Retail Storefront application in Watsonville,
CA.
I hereby certify, under penalty of perjury, on behalf of myself
and all owners, managers and supervisors identified in this
application that the statements and information furnished in this
application and the attached exhibits present the data and
information required for this initial evaluation to the best of my
ability, and that the facts, statements, and information
presented are true and correct to the best of my knowledge and
belief. I understand that a misrepresentation of fact is cause for
rejection of this application, denial of the permit, or revocation
of a permit issued.
In addition, I understand that the filing of this application grants
the City of Fresno permission to reproduce submitted materials
for distribution to staff, Commission, Board and City Council
Members, and other Agencies to process the application.
Nothing in this consent, however, shall entitle any person to
make use of the intellectual property in plans, exhibits, and
photographs for any purpose unrelated to the City's
consideration of this application.
Furthermore, by submitting this application, I understand and
agree that any business resulting from an approval shall be
maintained and operated in accordance with requirements of
the City of Fresno Municipal Code and State law. Under penalty
of perjury, I hereby declare that the information contained in
within and submitted with the application is true, complete, and
accurate. Iunderstand that a misrepresentation of the facts is
cause for rejection of this application, denial of a permit or
revocation of an issued permit. A denial or revocation on these
grounds shall not be appealable (FMC 9-3319(d)).
Name and Digital Signature
true
Title
Director of Marketing
Please note: the issuance of a permit will be determined based
on the application you submit and any major changes to your
business or proposal (i.e. ownership, location, etc.) after your
application is submitted may result in a denial.
All applications submitted are considered public documents for
Public Records Act request purposes.
For details about the information required as part of the
application process, see the Application Procedures &
Guidelines, City of Fresno Municipal Code Article 33 and any
additional requirements to complete the application process. All
documents can be found online via this link.
For questions please contact the City Manager’s Office at
559.621.5555.
California Secretary of State
Electronic Filing
Corporation - Statement of Information
Entity Name:
Entity (File) Number:
File Date:
Entity Type:
Jurisdiction:
Detailed Filing Information
Entity Name:
Business Addresses:
Street Address of Principal
Office in California:
Mailing Address:
Street Address of Principal
Executive Office:
Officers:
Chief Executive Officer:
b. Secretary:
Use bizfile.sos.ca.gov for online filings, searches, business records, and resources.
11/25/2020
CALIFORNIA
4789 N Blackstone Ave, Suite D
Fresno, California 93726
United States of America
4789 N Blackstone Ave, Suite D
Fresno, California 93726
United States of America
4789 N Blackstone Ave, Suite D
Fresno, California 93726
United States of America
Salvatore Palma
Marley Forsyth
FRESNO CARES
FRESNO CARES
C4660682
GM29497
California Secretary of State
Electronic Filing
Director:
Number of Vacancies on the Board of
Directors:
Service of Process:
Type of Business:
Electronic Signature:
Use bizfile.sos.ca.gov for online filings, searches, business records, and resources.
Tyson Hunter
Wesley Clark
0
Wesley Clark
Retail
Wesley Clark
OPERATING AGREEMENT OF FRESNO CARES DBA HIGHER LEVEL OF CARE
FRESNO CARES DBA HIGHER LEVEL OF CARE
OPERATING AGREEMENT
THIS OPERATING AGREEMENT of FRESNO CARES (DBA HIGER LEVEL OF CARE),
a general stock corporation organized under the General Corporation Law of California, is hereby
adopted and approved on this 24th day of November, 2020, by the undersigned Members of the
Company, who agree as follows:
ARTICLE I
Definitions
In addition to terms defined elsewhere in this Operating Agreement, the following terms
used in this Operating Agreement shall have the following meanings:
1.1. Act. The General Corporation Law of California, as amended from time to time.
1.2. Additional Member. A Member other than an Initial Member who has acquired a
Membership Interest from the Company.
1.3. Articles. The Company’s Articles of Organization, as amended from time to time.
1.4. Board. The board of Managers established pursuant to ARTICLE V.
1.5. Capital Contribution. Any contribution to the capital of the Company in cash or
property by an Equity Owner, whenever made.
1.6. Initial Members. Marley Forsyth, Salvatore Palma, Wesley Clark, and Tyson Hunter.
1.7. Manager. As defined in Section 5.2.
1.8. Member. A Person who owns Governance Rights of a Membership Interest reflected in
the Company's records.
1.9. Membership Interest. A Member's interest in the Company consisting of the
Member's Financial Rights and the Member's Governance Rights.
1.10. Operating Agreement. This Operating Agreement as originally executed and as
further amended from time to time.
1.11. Ownership Interest. In the case of a Member, the Member's Membership Interest. In
the case of an Economic Interest Owner, the Economic Interest Owner's Financial Rights.
1.12. Person. Any individual or Entity, and the heirs, executors, administrators, legal
representatives, successors, and assigns of such “Person,” where the context so permits.
1.13. Sharing Ratio. An Equity Owner's percentage interest in Financial Rights as set forth
on Exhibit A.
OPERATING AGREEMENT OF FRESNO CARES DBA HIGHER LEVEL OF CARE
1.14. Substitute Member. A person who has acquired a Membership Interest in the
Company from a Member and has satisfied the conditions to become a Substitute Member.
1.15. Voting Interest. A Member's percentage interest in Governance Rights as set forth on
Exhibit A.
ARTICLE II
Organization
2.1. Formation. The Company was formed on November 4, 2020, by the filing Articles of
Incorporation with the Secretary of State of the State of California.
2.2. State of California Registered Office and Registered Agent. The Articles set forth
the street address and zip code of the Company’s initial registered office in the State of California,
and the name of its initial registered agent at that address. At any time, the Board may change the
Company’s registered office or its registered agent in the State of California.
ARTICLE III
Members and Membership Interests
3.1. Nature of Ownership Interest . An Ownership Interest is personal property. No Equity
Owner has an interest in specific property of the Company. All property transferred to or acquired by
the Company is property of the Company itself.
3.2. Additional Members. Except as provided in ARTICLE IX, the Company shall not
admit Additional Members without the affirmative unanimous vote of the Members.
3.3. Capital Contribution of Additional Member. Upon the admission of any Person as
an Additional Member, such Person shall contribute money or other rights, interests or assets to the
Company, as agreed between all of the Members and the newly admitted Member, and the Financial
Rights and Governance Rights of the Members shall be adjusted as agreed between the Board and the
newly admitted Member.
3.4. Effect of Additional Member. The Members hereby agree in advance that upon the
admission of an Additional Member to the Company, the Additional Member shall become a party to
this Operating Agreement upon agreeing in writing to be bound by the terms and provisions of this
Operating Agreement and upon agreeing to contribute to the capital of the Company the amount
agreed. If any such Additional Member becomes a party to this Operating Agreement, this Operating
Agreement will continue to be binding on every Member without the re-execution of this Operating
Agreement or any amendment to this Agreement.
ARTICLE IV
Meetings of Members
4.1. No Required Meetings. The Members may hold, but shall not be required to hold,
annual, periodic, or other formal meetings. Meetings of the Members may be called by the Board or
by any Member.
OPERATING AGREEMENT OF FRESNO CARES DBA HIGHER LEVEL OF CARE
4.2. Meetings of all Members. To the extent permitted by law, if all of the Members meet
at any time and place, either within or outside of the State of California, and consent to the holding
of the meeting at such time and place, the meeting shall be valid without call or notice, and the
Members may take lawful action at the meeting.
ARTICLE V
Board of Managers
5.1. Management. Except as otherwise required in this Operating Agreement or by
Applicable Law, all powers of the Company shall be exercised by or under the authority of, and the
business and affairs of the Company shall be managed by or under the direction of, a board of
managers (the “Board”), which shall be comprised of naturals Persons (each such Person, a
“Manager”), who shall be appointed in accordance with the provisions of Article V.
5.2. Board Composition. The Board shall initially be comprised of four (4) individuals,
who shall initially be Marley Forsyth, Salvatore Palma, Wesley Clark and Tyson Hunter. The
Company and the Members shall take such actions as may be required to ensure that the number of
Managers constituting the Board is at all times two (2).
5.3 Binding Act. Each Manager shall have one vote on all matters submitted to the Board
or any committee thereof. With respect to any matter before the Board, the act of a majority of the
Managers constituting a quorum shall be the act of the Board.
5.4. Compensation; No Employment. Nothing contained in this Section shall be construed
to preclude any Manager from serving the Company in any other capacity and receiving reasonable
compensation for such services. This Agreement does not, and is not intended to, confer upon any
Manager any rights with respect to continued employment by the Company, and nothing herein should
be construed to have created any employment agreement with any Manager.
5.5. Restrictions on Authority of the Board. Notwithstanding the general provisions of
Section 5.1, the unanimous affirmative vote of the Members shall be necessary to affect any of the
following actions:
(a) Any act in contravention of this Operating Agreement;
(b) Any merger, consolidation, acquisition or joint venture, partnership, or business
combination of the Company with or into any other Person;
(c) Commencement of any voluntary proceeding in respect of the Company seeking
liquidation, reorganization, dissolution or bankruptcy;
(d) Any issuance or redemption of Membership Interests;
(e) Any requirement of additional Capital Contributions from the Members;
(f) Confession of a judgment against the Company;
(g) Any sale, lease, assignment or other disposition by the Company, in any single
transaction or series of related transactions, (i) of all or substantially all of its assets, or (ii) of any
OPERATING AGREEMENT OF FRESNO CARES DBA HIGHER LEVEL OF CARE
asset of the Company, in each case if such sale, lease, assignment, or other disposition is not in the
ordinary course of business;
(h) Any amendment of the Articles or this Operating Agreement;
(i) Any change in the number of Managers;
(j) Liquidation or dissolution of the Company.
5.6. Officers. The Board shall have the authority to appoint such officers as the Board may
choose from time to time to appoint. Any officer appointed by the Board shall have the authority
granted to such officer at the time of the officer’s appointment or at any subsequent time. The Board
shall have the right to set the compensation (if any) of every officer of the Company.
ARTICLE VI
Limitations on Liabilities and Duties
6.1. Limited Liability. An Equity Owner, Manager, employee, officer, or other agent of the
Company shall not be obligated personally for (a) the acts, debts, obligations and liabilities of the
Company, whether arising in contract, tort or otherwise, or (b) the acts or omissions of any other
Equity Owner, Manager, officer, employee or other agent of the Company. An Equity Owner,
Manager, employee, officer, or other agent of the Company is not a proper party to proceedings by or
against the Company, except when the object is to enforce the rights of an Equity Owner, Manager,
employee, officer, or other agent of the Company against the Company. The limited liability
described in this Section 6.1 shall continue in full force regardless of any dissolution, winding up,
and termination of the Company.
ARTICLE VII
Contributions and Capital Accounts
7.1. Capital Contributions.
(a) Upon formation of the Company, Member(s) shall make a Capital Contribution(s)
necessary to properly fund the Company.
(b) Except as provided in this Section 7.1, no Equity Owner shall be required to make
Capital Contributions. Equity Owners may be requested or required to make additional Capital
Contributions only upon terms and conditions approved by the Members.
(c) The Financial Interests and Governance Interests of the Equity Owners shall be
adjusted in a reasonable manner selected by the Board to reflect any Capital Contributions made
pursuant to Article VII.
ARTICLE VIII
Allocations and Distributions
8.1. Allocation of Net Profits and Net Losses. Subject to Section 8.2 below, the Net
Losses and Net Profits for each Fiscal Year shall be allocated to the Equity Owners in proportion to
their Sharing Ratios.
OPERATING AGREEMENT OF FRESNO CARES DBA HIGHER LEVEL OF CARE
8.2. Distributions. The Board shall have sole discretion regarding the amounts and timing of
any authorized distributions of cash or other property to the Equity Owners from the Cash Available for
Distribution, provided that no distribution shall be declared and paid unless, after the distribution is
made, the total assets of the Company exceed the sum of its total liabilities to which such assets are
subject, the Company is able to pay its debts as they become due in the usual course of business, and the
Company satisfies such other requirements as may apply under the Act.
8.3. Interest on and Return of Capital Contributions. No Equity Owner shall be entitled
to interest on, or to a return of, the Equity Owner’s Capital Contribution, except as otherwise
specifically provided in this Operating Agreement.
ARTICLE IX
Transfer of Ownership Interests
9.1. Restrictions on Transfer of Ownership Interests. Without the written consent of all of
the Members, an Equity Owner shall not sell, assign, transfer, give away or otherwise dispose of all or
any part of the Equity Owner’s Ownership Interest except as permitted in this ARTICLE IX. A
permitted transferee shall become a Substitute Member only if the transferor is a Member and the
conditions specified in Section 9.4 are satisfied; otherwise, the transferee will become an Economic
Interest Owner and any Governance Rights purported to be transferred will expire. Any attempted
disposition of an Equity Owner’s Ownership Interest not in compliance with the provisions of this
ARTICLE IX shall be a breach of this Agreement, shall be null and void ab initio, and shall confer no
rights on the purported transferee. Notwithstanding the limitations on transfer set forth herein, an
Equity Owner who is a natural person may transfer all or part of his Ownership Interest to a revocable,
grantor trust for the benefit of such Equity Owner or his spouse, issue, or adopted children, provided
that the Equity Owner shall be and remain a trustee of the trust during his lifetime. If such Equity
Owner dies or otherwise ceases to be a trustee of the trust, then the Ownership Interest held by the trust
shall be subject to purchase by the Company in the same manner as if such Ownership Interest were
held directly by the granting Equity Owner upon such Equity Owner’s death.
9.2. Proposed Sale.
(a) If an Equity Owner (the “Offering Owner”) receives a Bona Fide Offer (the “Offer”)
to purchase all or any part of the Offering Owner’s Ownership Interest, the Offering Owner shall
promptly give written notice (the “Purchase Notice”) to the Company and to the Members other than
the Offering Owner (the “Offeree Members”), fully describing the offeror (the “Proposed
Transferee”), the portion of the Offering Owner’s Ownership Interest to which the Offer relates (the
“Offered Interest”), and the terms and conditions of the Offer (including a true and complete copy
thereof). In the Purchase Notice, the Offering Owner shall represent and warrant that the Offering
Owner intends to accept the Offer.
(b) The Company shall then have a right and option, for a period ending thirty (30) calendar
days following receipt of the Purchase Notice, to elect to purchase all or any part of the Offered Interest
at the purchase price and upon the terms specified in the Offer. If the Company does not elect to
purchase the entire interest, then the Offeree Members shall have the right and option, for a period
ending fifteen (15) days following the Company’s decision not to purchase the entire Offered Interest
to elect to purchase all or any part of the Offered Interest not being purchased by the Company, such
right and option to be exercised on a pro rata basis with respect to the Offeree Members’ respective
Sharing Ratios.
OPERATING AGREEMENT OF FRESNO CARES DBA HIGHER LEVEL OF CARE
(c) Any transferee to whom voting rights are transferred in a transaction subject to this
Section shall become a Substitute Member and be entitled to vote as a Member only upon
satisfaction of the conditions set forth in this Section.
9.3. Prohibited Transfers. Notwithstanding any other provision of this Operating Agreement,
no Equity Owner shall be permitted to, directly or indirectly, transfer any of its Ownership Interests,
and the Company agrees that it shall not issue any Ownership Interests:
(a) if such transfer or issuance would affect the Company’s existence or qualification as a
corporation under the Act;
(b) if such transfer would cause the Company to be out of compliance with any
Applicable Law.
9.4. Assignee Becoming Substitute Member. No assignee of the whole or any portion of a
Member’s Membership Interest in the Company shall become a Substitute Member unless all of the
following conditions are satisfied (at which time such assignee shall become a Substitute Member):
(i) The transferor and transferee shall have executed, acknowledged and delivered to the
Board a written instrument of assignment and such other documents and instruments as the Board
may reasonably request, all in form and content satisfactory to the Board;
(ii) The assignee shall have executed and delivered to the Board a written agreement to be
bound by the terms and conditions in the Articles and this Operating Agreement as fully as if the
assignee were an original signatory thereto, in form satisfactory to the Board;
(iii) The assignee shall have executed and delivered to the Board a written representation
by the assignee (together with such supporting documentation or evidence as the Board may
reasonably request) that the assignee (if an individual) is at least 18 years of age, is a citizen of the
United States, that he is acquiring a Membership Interest for his own account for investment and not
with a view towards resale, that such transfer has not been made in violation of any applicable
securities laws, and such other matters as the Board may reasonably request;
(iv) The Board is satisfied that the transfer will not jeopardize the Company's
classification as a corporation for federal income tax purposes; and
(v) All of the Members shall have approved the admission of the assignee as a Substitute
Member.
The Company may charge a reasonable fee in connection with any transaction resulting in the
assignee becoming a Substitute Member. If any of the foregoing requirements are not met, the
assignee shall not become a Member, the Governance Rights purported to be transferred to the
assignee shall expire and become null and void, and the assignee will become an Economic Interest
Owner.
OPERATING AGREEMENT OF FRESNO CARES DBA HIGHER LEVEL OF CARE
ARTICLE X
Dissolution and Termination
10.1. Withdrawal. A Person shall cease to be a Member upon the happening of any of the
following events (“Events of Withdrawal”):
(a) The withdrawal of a Member;
(b) The Member makes an assignment for the benefit of creditors, is the subject of
a bankruptcy, files a petition or answer seeking for the Member any reorganization, arrangement,
composition, readjustment, liquidation or similar relief under any statute, law or regulation or files an
answer or other pleading admitting or failing to contest the material allegations of a petition filed
against the Member in a proceeding of such nature, or seeks, consents to or acquiesces in the
appointment of a trustee, receiver or liquidator of the Member or of all or any substantial part of its
property;
(c) One hundred (120) days after the commencement of any proceeding against
the Member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution
or similar relief under any statute, law or regulation, if such proceeding has not been dismissed; or
ninety (90) days after the appointment, without the Member's consent or acquiescence, of a trustee,
receiver or liquidator of the Member or of all or any substantial part of the Member's property, if the
appointment is not vacated or stayed, or ninety (90) days after the expiration of any such stay, if the
appointment is not vacated;
(d) In the case of a Member who is a natural person, the death of the Member or
the entry of an order by a court of competent jurisdiction adjudicating the Member incompetent to
manage the Member's person or estate;
(e) In the case of a Member that is a trust, the termination of the trust (but not
merely the substitution of new trustee) or a distribution of its entire interest in the Company;
(f) In the case of a Member that is a general or limited partnership, the dissolution
and commencement of winding up of the partnership or a distribution of its entire interest in the
Company;
(g) In the case of a Member that is a corporation, the filing of articles of
dissolution, or their equivalent, for the corporation, or the revocation of its charter or a distribution of
its entire interest in the Company;
(h) In the case of a Member that is an estate, the distribution by the fiduciary of
the estate's entire interest in the Company; or
(i) In the case of a Member that is a limited liability company, the filing of
articles of dissolution or termination, or their equivalent, for the limited liability company or the
distribution of its entire interest in the Company.
10.2. Dissolution Events. The Company shall be dissolved only upon the occurrence of
any of the following events:
OPERATING AGREEMENT OF FRESNO CARES DBA HIGHER LEVEL OF CARE
(a) By approval of the Members;
(b) At any time that there are no Members; or
(c) By the entry of a decree of dissolution.
10.3. Effect of Dissolution. Upon dissolution, the Company shall cease carrying on the
Company’s business, except that the Company shall continue to take all actions necessary to wind up
the business and to file for cancellation of the Articles in accordance with the Act.
10.4. Return of Contribution Nonrecourse to Other Equity Owners. Upon dissolution,
except as provided by law or as expressly provided in this Operating Agreement, each Equity Owner
shall look solely to the assets of the Company for the return of its Capital Contribution. If the
Company’s assets remaining after the payment or discharge of the debts and liabilities of the
Company are insufficient to return the cash contribution of one or more Equity Owners, such Equity
Owners shall have no recourse against any other Equity Owner.
10.5. Withdrawal of a Member. No Member shall withdraw from the Company without
the unanimous approval of all the other Members, subject to the right of each Member to sell or
otherwise dispose of his Membership Interest in accordance with ARTICLE IX of this Operating
Agreement.
ARTICLE XI
Indemnification
11.1. Definitions. As used in this ARTICLE XI, unless the context otherwise requires:
(a) Expenses. Include reasonable attorneys’ fees.
(b) Liability. The obligation to pay a judgment, settlement, penalty, fine
(including an excise tax assessed with respect to an employee benefit plan), or reasonable Expenses
incurred with respect to a Proceeding.
(c) Official Capacity. The position of Manager or officer of the Company or the
employment or agency relationship undertaken by an employee or agent on behalf of the Company.
“Official Capacity” includes service at the request of the Company for any other foreign or domestic
corporation, limited liability company, partnership, joint venture, trust, employee benefit plan, or
other enterprises.
(d) Party. Includes an individual who was, is, or is threatened to be made a named
defendant or respondent in a Proceeding.
(e) Proceeding. Any threatened, pending, or completed action, suit or proceeding,
whether civil, criminal, administrative, or investigative, and whether formal or informal.
(f) Responsible Person. An individual who is or was a Manager or officer of the
Company, or an individual who, while a Manager or officer of the Company, is or was serving at the
Company’s request as a manager, director, governor, officer, partner, trustee, employee, or agent of
OPERATING AGREEMENT OF FRESNO CARES DBA HIGHER LEVEL OF CARE
another foreign or domestic limited liability company, corporation, partnership, joint venture,
employee benefit plan or other enterprise.
11.2. Authority to Indemnify. The Company shall indemnify an individual made a Party
to a Proceeding because such individual is or was a Responsible Person against Liability incurred in
the Proceeding if the individual acted in good faith and reasonably believed, in the case of conduct in
such individual’s Official Capacity with the Company, that such individual’s conduct was in the
Company’s best interest, and in all other cases, that such individual's conduct was at least not
opposed to the Company’s best interests, and in the case of any criminal Proceeding, had no
reasonable cause to believe such individual’s conduct was unlawful.
ARTICLE XII
Miscellaneous Provisions
12.1. Notices. All notices, requests, consents, claims, demands, waivers, and other
communications hereunder shall be in writing and shall be deemed to have been given: (a) when
delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent
by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email of a
PDF document (with confirmation of transmission) if sent during normal business hours of the
recipient, and on the next Business Day if sent after normal business hours of the recipient; or (d) on
the third day after the date mailed, by certified or registered mail, return receipt requested, postage
prepaid. Such communications must be sent to the Company’s Agent for Service of Process.
12.2. Books of Account and Records; Audit. The Board, or an officer designated by the
Board, shall keep complete records and books of account, which shall be open to the reasonable
inspection and examination by the Equity Owners and their duly authorized representatives during
reasonable business hours. Each Member shall have the right, which may be exercised collectively by
the Members no more than once per calendar year, to request an audit of the financial records of the
Company. The work product of any such auditor shall be provided to each Member and shall be
available at the Company’s offices for inspection by Economic Interest Owners.
12.3. Application of Law. All issues and questions concerning the application,
construction, validity, interpretation, and enforcement of this Operating Agreement shall be
governed by and construed in accordance with the internal laws of the State of California, without
giving effect to any choice or conflict of law provision or rule (whether of the State of California or
any other jurisdiction) that would cause the application of laws of any jurisdiction other than those
of the State of California.
12.4. Amendments. This Operating Agreement may not be amended without the approval
of the Members.
12.5. Successors and Assigns. This Operating Agreement shall be binding upon and inure
to the benefit of the parties hereto and, to the extent permitted by this Operating Agreement, their
respective legal representatives, successors and assigns.
12.6. Creditors and Other Third Parties. None of the provisions of this Operating
Agreement shall be for the benefit of or enforceable by any third parties, including, without
limitation, any creditors of the Company.
OPERATING AGREEMENT OF FRESNO CARES DBA HIGHER LEVEL OF CARE
12.7. Dispute Resolution.
(a) This Section shall apply to any dispute arising under or related to this
Operating Agreement, including (a) any dispute regarding the construction, interpretation,
performance, validity or enforceability of any provision of this Operating Agreement or whether any
Person is in compliance with, or breach of, any provisions of this Operating Agreement or (b) the
applicability of this Section 12.7 to a particular dispute. Notwithstanding the foregoing, this Section
shall not apply to any matters that, pursuant to the provisions of this Operating Agreement, are to be
resolved by a vote or consent of the Members. Any dispute to which this Section applies is referred
to herein as a “Dispute.” With respect to a particular Dispute, each Member that is a party to such
Dispute is referred to herein as a “Disputing Member”.
(b) If a Dispute arises, the Disputing Members (and if applicable, the Board or
Managers) shall attempt to resolve such Dispute through the following procedure: (i) first, the
representatives of each of the Disputing Members (and if applicable, the Board or Managers) shall
promptly meet in a good faith attempt to resolve the Dispute; (ii) second, if the Dispute is still
unresolved after twenty (20) days following the commencement of the negotiations, then a
designated representative of each Disputing Member shall meet in a good faith attempt to resolve the
Dispute; and (iii) third, if the Dispute is still unresolved after ten (10) days following the
commencement of the negotiations described in subclause (ii), then any Disputing Member may seek
any and all remedies available to it at law or in equity in accordance with this Operating Agreement.
12.8. Arbitration. To the extent not resolved through the procedure set forth above, any
dispute, claim or controversy arising out of or relating to this Operating Agreement or the breach,
termination, enforcement, interpretation or validity thereof, including the determination of the scope
or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of
California.
12.9. Counterparts. This Operating Agreement may be executed in counterparts, each of
which shall be deemed an original but all of which shall constitute one and the same instrument.
12.10. Entire Agreement. This Operating Agreement constitutes the entire agreement and
understanding of the parties hereto with respect to the subject matter hereof, and all prior and
concurrent agreements, understandings, representations and warranties with respect to such subject
matter, whether written or oral, including but not limited to any prior Operating Agreements, are and
have been merged herein and superseded hereby.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date first written above by their respective signatories thereunto duly authorized.
The Company
FRESNO CARES DBA HIGHER LEVEL OF
CARE
MARLEY FORSYTH
By: ____________________
Name: Marley Forsyth
OPERATING AGREEMENT OF FRESNO CARES DBA HIGHER LEVEL OF CARE
Title: Secretary
TYSON HUNTER
By: ____________________
Name: Tyson Hunter
Title: Chief Operation Officer
SALVATORE PALMA
By: ____________________
Name: Salvatore Palma
Title: Chief Executive Officer
WESLEY CLARK
By: ____________________
Name: Wesley Clark
Title: Director of Marketing
PLANNING AND DEVELOPMENT DEPARTMENT
2600 Fresno Street • Third Floor Jennifer K. Clark, AICP, Director
Fresno, California 93721-3604
(559) 621-8277 FAX (559) 498-1026
November 19, 2020 Please reply to:
Rob Holt
(559) 621-8056
Tyson Hunter
Fresno Cares
4795 N Blackstone Ave
Fresno, CA 93726
Dear Applicant:
SUBJECT: ZONING INQUIRY NUMBER P20-04115 REQUESTING INFORMATION
REGARDING CANNABIS RETAIL FOR PROPERTY LOCATED AT 4795
NORTH BLACKSTONE AVENUE
(APN 425-252-20)
Thank you for your inquiry regarding the allowance of new cannabis retail uses. The requested
information about cannabis retail uses was analyzed using Article 27, Chapter 15 of the Fresno
Municipal Code (FMC) of the City of Fresno. Please note, all research for this inquiry is based
on existing land development of the subject property. If there are multiple buildings on the
subject property, this research was based on the address provided in the request. This research
does not take into effect of future development unless provided in your application request. With
that, research of a proposed cannabis retail business on the subject property conveys the
following:
1. All cannabis retail businesses must be located on property zoned DTN (Downtown
Neighborhood), DTG (Downtown General), CMS (Commercial Main Street), CC
(Commercial Community), CR (Commercial Regional), CG (Commercial General), CH
(Commercial Highway), NMX (Neighborhood Mixed-Use), CMX (Corridor/Center Mixed-
Use), RMX (Regional Mixed-Use), and must meet all of the requirements for
development in these zones, including, but not limited to, parking, lighting, building
materials, etc.
The subject property is zoned CMX , which is one of the allowable zone districts for
cannabis retail businesses. Development standards of the CMX zone district are
available in Sections 15-1103, 15-1104, and 15-1105 of the FMC. The subject location
meets the zone district requirement, per Section 15-2739.B.1.a of the FMC, for a
cannabis retail business.
2. All building(s) in which a cannabis retail business is located shall be no closer than 800
feet from any property boundary containing the following: (1) A cannabis retail business;
(2) A school providing instruction for any grades pre-school through 12 (whether public,
private, or charter, including pre-school, transitional kindergarten, and K-12); (3) A day
care center licensed by the state Department of Social Services that is in existence at
the time a complete commercial cannabis business permit application is submitted; and,
(4) A youth center that is in existence at the time a complete commercial cannabis
business permit is submitted.
Zoning Inquiry P20-04115
4795 North Blackstone Avenue
Page 2
November 19, 2020
The subject property is not located within 800 feet of the property boundary of any of the
above-mentioned uses. The subject building meets the separation requirements,
per Section 15-2739.B.1.b of the FMC, for a cannabis retail business.
3. Prior to commencing operations, a cannabis retail business must obtain a Cannabis
Conditional Use Permit from the Planning and Development Department per Section 15-
2739.N of the FMC.
4. No more than 2 cannabis retail businesses may be located in any one Council District. If
more than 14 are ever authorized by Council (more than 2 per Council District), they
shall be dispersed evenly by Council District.
The subject property is in Council District 4. There are currently no cannabis retail
businesses located in Council District 4. This location requirement is satisfied for a
cannabis retail business.
Please review the entirety of Article 33, Chapter 9 (Cannabis Retail Business and
Commercial Cannabis), and Section 15-2739 (Adult Use and Medicinal Cannabis Retail
Business and Commercial Cannabis Business) of the FMC to understand other
requirements of cannabis retail businesses, including but not limited to, application
requirements, signage, etc.
This information was researched by the undersigned per the zoning request. The undersigned
certifies that the above information contained herein is believed to be accurate and is based
upon, or relates to, the information supplied by the requestor. The City of Fresno assumes no
liability for errors and omissions. All information was obtained from public records held by the
Planning and Development Department.
A copy of the Fresno Municipal Code may be obtained by contacting the City Clerk’s office at
559-621-7650. The Fresno Municipal Code may also be searched on the Internet, free of
charge, by going to www.fresno.gov. If you have questions regarding this matter, please
contact me by telephone at 559-621-8056 or at Robert.Holt@fresno.gov.
Cordially,
Rob Holt, Planner III
Development Services Division
Planning and Development Department
Team: Fresno Cares, Inc. dba Higher Level of Care Page 2 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
TABLE OF CONTENTS
1 Business Plan .................................................................................................................................. 3
1.1 Owner Qualifications ............................................................................................................... 4
1.2 Budget for Construction & Company Operations ................................................................... 14
1.3 Proof of Capitalization ........................................................................................................... 23
1.4 Pro forma ............................................................................................................................... 25
1.5 Hours of Operation and Opening and Closing Procedures ...................................................... 27
1.6 Daily Operations .................................................................................................................... 29
2 Social Policy and Local Enterprise Plan ........................................................................................ 54
2.1 Commitment to Living Wages ............................................................................................... 55
2.2 Employee Benefits ................................................................................................................. 56
2.3 Continuing Education and Employee Training ....................................................................... 61
2.4 Recruitment Plan and Social Policy ....................................................................................... 62
2.5 Locally Managed Enterprise .................................................................................................. 63
2.6 Employees, Title/Position, and Responsibilities ..................................................................... 66
2.7 Labor Peace Agreement ......................................................................................................... 72
2.8 Workforce Plan ...................................................................................................................... 76
2.9 Social Equity Incubator Plan .................................................................................................. 87
3 Neighborhood Compatibility Plan ................................................................................................. 89
3.1 Addressing and Responding to Complaints ............................................................................ 89
3.2 Nuisance Avoidance Policies ................................................................................................. 92
3.3 Odor Mitigation Practices ...................................................................................................... 93
3.4 Potential Sources of Odor ...................................................................................................... 96
3.5 Odor Control Devices and Techniques ................................................................................... 96
3.6 Proposed Odor Training ......................................................................................................... 98
3.7 Waste Management Plan ........................................................................................................ 99
4 Safety Plan ................................................................................................................................. 105
4.1 Professional Fire Prevention & Suppression Consultant ....................................................... 105
4.2 Accident and Incident Reporting Procedures ........................................................................ 120
4.3 Evacuation Routes ............................................................................................................... 130
4.4 Location of Fire Extinguishers and Other Fire Suppression Equipment ................................ 131
4.5 Fire and Medical Emergency Training ................................................................................. 131
5 Security Plan .............................................................................................................................. 133
5.1 Professional Security Consultant .......................................................................................... 133
5.2 Premise Security Diagram.................................................................................................... 141
5.3 Intrusion Alarm and Monitoring System .............................................................................. 144
5.4 Cash Handling ..................................................................................................................... 154
5.5 On-Site Security Guards ...................................................................................................... 154
5.6 Additional Security Policies ................................................................................................. 159
6 Location ..................................................................................................................................... 163
6.1 Description of Location ....................................................................................................... 164
6.2 Location Street View ........................................................................................................... 169
6.3 Premises (Site) Diagram ...................................................................................................... 175
7 Community Benefits and Investment Plan................................................................................... 178
7.1 Social Responsibility Plan.................................................................................................... 179
7.2 Public Health Outreach and Educational Program ................................................................ 190
7.3 Contributions to Fresno Community Reinvestment Fund ..................................................... 192
7.4 Historic Efforts of the Team ................................................................................................. 193
Section: 1 Business Plan
Subsection: 1.1 Owner Qualifications
Team: Fresno Cares, Inc. dba Higher Level of Care Page 4 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
1.1 OWNER QUALIFICATIONS
The Higher Level of Care Team is a small but powerful group who possess the qualifications and
experience needed to create a compliant cannabis business which will thrive within the City of Fresno’s
Community1. The Executive Team is well balanced and together, they bring the combined experience of
retail operations, branding, marketing, financial management, industry regulation compliance, business
technology, organizational structure, and employee training and management which model the utmost
exceptional customer experience and community leadership standards.
Beyond the outstanding skill sets possessed by this Executive Team, what truly fuels the success and
power of this group is their shared ethos. For this Executive Team, success means they are making a
difference in their community. They would bring a “white glove” level of care together with only the most
respected products to benefit the wonderful residents within the Fresno community. This Team’s passion
for the cannabis industry very much circulates around the good it can bring to people as an alternative
medical treatment, due to their own family member’s unfortunate experiences with cancer and the like.
For a myriad of reasons, there is not any better team member for the community of Fresno than these
ladies and gentlemen who comprise the Higher Level of Care Team. Their long-standing community
involvement, generous gifting practices, and overall professionalism is an inspiration to all who meet
them.
When spotlighting the Executive Team’s Fresno resident and majority owner, Ms. Marley Forsyth, you
will learn about a Latina professional within the Fresno Community that would act as the Secretary and
future CEO of the Higher Level of Care Team Facility. Marley’s parents were married in Fresno and
raised her within the Fresno community. After going to university in Monterey Bay, Marley immediately
returned to Fresno where she is the shift manager of a local tea house. When asked why Marley returned
to Fresno, she said, “Because of the culture and the delicious food. I cannot think of anywhere else I
would rather my raise my own family. Fresno has a lot of people, but it’s still like you know everyone.”
Included for the City below, is a brief synopsis and curriculum vitae for each Executive Team Member
and Owner. While these do a great job summarizing the professional and technical skillsets of the
Executive Team, further details on qualifications and community engagement are included within §7
(Community Benefits and Investment Plan). We invite you to meet the Higher Level of Care Executive
Team by taking a moment to learn about some of their career highlights and extensive cannabis experience
to date; and, how they ultimately propose to help the Fresno community thrive in conjunction with the
City.
1 The City of Fresno is collectively referred to herein as “Fresno” or the “City.”
Section: 1 Business Plan
Subsection: 1.1 Owner Qualifications
Team: Fresno Cares, Inc. dba Higher Level of Care Page 11 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Ms. Marley Forsyth – Secretary – Future CEO
Ms. Marely Forsyth was born and raised in Fresno and is a champion of the
Fresno citizens within her community. After graduating from Clovis High
School, she went on to obtain her psychology degree at the University of
Monterey Bay. After graduation, she returned to the Fresno community in the
hopes of pursuing graduate studies concentrated on rehabilitative recreation and
art therapy (e.g. yoga, reiki, experiential). What you now already know about
Marley is that she aspires to better understand the human body and mind in
conjunction with holistically therapeutic lifestyle choices. However, this tranquil
minded woman is anything but docile, in her professional pursuits. She is self-
driven to exceed beyond the typical requirements of any program or situation
that she undertakes. While attending CSUMB, she was a council member for her
residential ward where she worked together with other students to plan large
healthy-lifestyle events for 500+ students, such as campus haunted houses,
dodge ball extravaganzas, and the like. She then became an advisory council member her senior year while
also achieving distinction as an honorary society member for Psi Chi International. She ultimately
graduated with distinction.
While navigating the job market as a new graduate, Marley had a chance meeting with Salvatore, and the
two discussed future Higher Level job opportunities at Salvatore’s Higher Level location in Seaside, CA.
While there are not any Higher Level locations currently within Fresno, this licensure opportunity now
has given Salvatore the ability to offer this deserving Fresno woman the ability to operate their Fresno
location upon completion of a successful mentorship program. When the remainder of the Executive
Team was introduced to Marely, they were all equally as impressed Marley’s achievements, dedication to
the betterment of her community members, and the way she exudes a
business candor throughout her day-to-day activities. She is a young
professional who has pushed herself to be the best at everything she
does and remains focused on improving her community throughout her
personal trials and tribulations.
If you ask Marley what she loves most about Fresno, she will not be
shy in telling you that it’s, “the food, culture and people of her
hometown; but, that the food is really good all of the time.” She will
also tell you that this is exactly why she and her friends give their time
and resources to the Poverello House 2 . While Fresno is a rich
agricultural environment, many community members suffer from
hunger and a lack of healthy-food options. Marley is working to align community resources with the
Poverello House in such a manner that the current meal gifting continues in Fresno for all community
members suffering from hunger, post Covid-19 meal gifting dissipation. Below please find Marley’s
curriculum vitae highlighting this young professional’s work and extensive community engagement
experience.
Marley believes healing is unique to each-and-every human body and mind.
2 Current Fresno Cares community partner and beneficiary discussed in the Local Enterprise section below.
Section: 1 Business Plan
Subsection: 1.2 Budget for Construction & Company Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 14 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
1.2 BUDGET FOR CONSTRUCTION & COMPANY OPERATIONS
The Higher Level of Care Team desires to bring a beautiful state of the art cannabis retail facility
(“Facility”) to the City of Fresno. The Team’s prior collaborative experience with cannabis start-ups,
provides a seasoned level of expertise pertaining to the development and implementation of well-designed
facilities that above all else are professional, safe, and secure. The Team has put much effort into a
proposed aesthetic modernization of a piece of property near the Blackstone Corridor. The City will find
from the Property renderings, that they emit classical simplicity, functionality, and safety throughout.
If ever there was a moving target, it certainly is the task of assembling, financing, and permitting projects
aimed at revitalizing and redeveloping communities or discrete portions thereof. The crux of the Team’s
financial modeling surrounds their planned efforts at improving this Fresno property with “spot”
redevelopment that will increase local tax receipts and ultimately compliment the City’s nearby
Blackstone corridor redevelopment efforts. This Team has $7.5M dedicated to this Project, and therefore
ample ability to conquer significant redevelopment efforts.
Included within the Team’s below start-up expenses are the following considerations:
construction/remodeling, operation, maintenance, compensation of employees, equipment, property lease,
security equipment and staff, City fees, State fees, utility costs, product purchases and all third-party
vendor costs. The Operational Expenses includes 3 months of operating costs and the Contingency Budget
could cover an additional 6 months of operating costs if required, and before dipping into the Team’s
private capital resources.
The Team’s proposed exterior renovations and creation of a separate Education Hub will further the City’s
efforts of transforming this underutilized area into a desirable commercial and mixed use enclave that
assists in shoring up sagging tax bases.
Check out the new interior!
Section: 1 Business Plan
Subsection: 1.2 Budget for Construction & Company Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 15 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Total Start-up Cost
The Higher Level of Care Team developed
its financial model based upon their prior
business dealings, current exposure within
neighboring communities, and microscopic
analysis of Fresno’s current economic
posture. Additionally, all State and City
application fees were derived pursuant to
government publication and incorporated
therein as hard costs.
At all times, the Team will possess those
required government licenses pursuant to
the Cannabis Regulation and Safety Act
(Business and Professions Code Section
19300, et seq.), as it may be amended, and
pursuant to all other applicable laws and
regulations. This Team meticulously
reviewed and applied the City’s fee schedule
to correctly ascertain the City fees, as well
as those costs associated with obtaining the
Conditional Use Permit, City Sign Permit,
and the like. By utilizing the City’s fee
schedule to anticipate what costs would be
associated with the project as well as what
fees would need to be paid directly to the City,3 this Team is confident it’s delivering an on par financial
pro forma detailing a lucrative alignment between the City and Team which would greatly benefit the
Community of Fresno.
The Higher Level of Care Team anticipates that the cost of renovations and modernization to the Property
located at: 4795 N. Blackstone Avenue, Fresno, CA 93726 (the “Property”) will cost (the
“Project”). This figure is based upon previous renovation project experience; however, the same is subject
to change based on the scope of work required if conditional license approval is tendered by the City.
Regardless, any potential fluctuation is not a deep concern for the Higher Level of Care Team simply
based on the surplus of capital they have dedicated to the Project. As seen in the below Proof of Capital
section, the Team has allocated for this Project, based upon their start-up projections, this
leaves a surplus contingency fund of more than . The above-estimated costs include facility
renovations to ensure a Property that is legally sound, up to code, ADA compliant, and designed in such
a way that it effectively accommodates dispensary operations as delivery vehicles. The Property will be
equipped with all recommended safety and fire mechanisms required by the City, and in addition to the
implementation of those recommendations made by privately retained safety and security professionals.
Additionally, considerations regarding the Property’s outdoor building aesthetics and exterior landscaping
have been crafted in such that the overall design and feel of the Facility will seamlessly integrate into the
3 https://www fresno.gov/darm/wp-content/uploads/sites/10/2019/09/Fee-Schedule-2019.pdf [See Fee Schedule]
https://form.jotform.com/71936588028165 [See City of Fresno Development Services]
Section: 1 Business Plan
Subsection: 1.2 Budget for Construction & Company Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 17 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Employee Compensation/ Non-Security
The Higher Level of Care Team is committed to paying a living wage to its employees exceeding the
expectations of the City of Fresno, and will pay its employees 150% - 244% above the California minimum
wage which is further discussed in their below commitment to the City to pay such wages. As the Team
understands the importance of its employees to maintain operations, the Team has crafted a generous
employee compensation schedule in addittion to its VIP Benefits Compensation Package. Included within
their projections, are all employee permit fees, unemployment costs, workers’ compensation costs, and all
other incidental payroll expenses.
Salary Projections
Security Staffing Budget
Equipment Costs
Section: 1 Business Plan
Subsection: 1.5 Hours of Operation and Opening and Closing
Procedures
Team: Fresno Cares, Inc. dba Higher Level of Care Page 27 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
1.5 HOURS OF OPERATION AND OPENING AND CLOSING PROCEDURES
The Higher Level Facility will limit its hours of operation for both retail and delivery activities to the
hours of 9:00 a.m. through 9:00 p.m., seven (7) days a week. In accordance with FMC § 9-3310(a)(1) and
16 CCR § 5403, Higher Level will never open before 6:00 a.m. or stay open after 10:00 p.m. Any activity
on the Property outside of the aforementioned hours will consist of only non-sales related activities which
are relevant to company operations.
Day
Opening Non-
Public Operations
Open for Public
Operations
Closed for Public
Operations
Non-Public
Closing
Operations
Monday 8:00 a.m. –
9:00 a.m.
9:00 a.m. –
9:00 p.m.
9:00 p.m. 9:00 p.m. –
10:00 p.m.
Tuesday 8:00 a.m. –
9:00 a.m.
9:00 a.m. –
9:00 p.m.
9:00 p.m. 9:00 p.m. –
10:00 p.m.
Wednesday 8:00 a.m. –
9:00 a.m.
9:00 a.m. –
9:00 p.m.
9:00 p.m. 9:00 p.m. –
10:00 p.m.
Thursday 8:00 a.m. –
9:00 a.m.
9:00 a.m. –
9:00 p.m.
9:00 p.m. 9:00 p.m. –
10:00 p.m.
Friday 8:00 a.m. –
9:00 a.m.
9:00 a.m. –
9:00 p.m.
9:00 p.m. 9:00 p.m. –
10:00 p.m.
Saturday 8:00 a.m. –
9:00 a.m.
9:00 a.m. –
9:00 p.m.
9:00 p.m. 9:00 p.m. –
10:00 p.m.
Sunday 8:00 a.m. –
9:00 a.m.
9:00 a.m. –
9:00 p.m.
9:00 p.m. 9:00 p.m. –
10:00 p.m.
Staff Schedule
1. Morning-shift personnel open the cannabis retailer for non-public operations at 8:00 a.m.
2. From 8:00 a.m. to 9:00 a.m., stage finished cannabis and cannabis products for display and
ultimate retail sale to customers.
3. Morning-shift personnel open the cannabis retailer for public operations at 9:00 a.m.
4. From 9:00 a.m. to 9:00 p.m., the cannabis retailer is open to the public and customers may
engage in the retail purchase of finished cannabis and cannabis products.
5. Evening-shift personnel close the cannabis retailer for public operations at 9:00 p.m.
6. From 9:00 p.m. to 10:00 p.m., evening-shift personnel return unsold finished cannabis and
cannabis products back to overnight storage.
7. Evening-shift personnel close the cannabis retailer for non-public operations at 10:00 p.m.
Opening/Closing Procedures Checklist
The Inventory Control Agent and Shift Manager will execute the below Store Opening and Store Closing
Checklists to ensure that all morning and evening activities are complete. Once employees have completed
the store opening checklist and completed all tasks, thereafter the opening of the lobby area for customers
will occur. Closing procedures will begin fifteen (15) minutes prior to the store closing. All activities on
the checklist will be required for ending the shift and locking the store. Opening and closing checklists
will be kept on file within the store.
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 29 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
1.6 DAILY OPERATIONS
The Team, pulling from the expertise of previous
business ownership of cannabis retail facilities, has
crafted operating procedures to help outline what
day-to-day operations will look like once the Higher
Level Facility opens. The Team believes that strict
adherence to established policies and procedures are
an essential part of any organization. The Team
knows that this is the foundation of operating a
successful and compliant cannabis operation.
Together, policies and procedures provide a
roadmap for day-to-day operations. They ensure
compliance with laws and regulations, give
guidance for decision-making, and streamline
internal processes. For this reason, each Team
member is presented with a new hire training guide
to help familiarize themselves with company
policies and procedures.
All employee training will be conducted in-house
and in-person immediately upon an employee
accepting a job offer from The Team. Regardless of
position and stature, all employees will adhere to the policies set forth in the employee handbook.
The Higher Level of Care Team is committed to operating their dispensary in a way that both delivers
exceptional customer service to its customers and is always safe and compliant. The Team plans to mimic
the operations they have implemented in their other retail operations which not only maintains 100%
compliance passing each-and-every inspection but have also received consistently positive reviews and
feedback from customers.
Based on over 1,100 reviews, the Higher Level of Care in Seaside, owned and managed by Chief
Operating Officer, Salvatore, this facility maintains an overall star rating of 4.8 out of 5 stars!5
This is the same level of service, customer appreciation, and product quality the Team aims to
bring to the residents of Fresno!
5 https://weedmaps.com/dispensaries/higher-level-of-care-monterey/reviews
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 31 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
(i) Customer Check-In Procedures
Visitors Identification and Record Requirements.
The Team will check the potential customer’s valid government issued
identification prior to permitting a visitor into any limited access area.
Visitors will be asked to produce one of the following forms of
acceptable identification pursuant to 16 CCR § 5402(b):
1. A document issued by a federal, state, county, or municipal
government, or a political subdivision or agency thereof,
including, but not limited to, a valid motor vehicle operator's
license, that contains the name, date of birth, physical
description, and a photo of the person;
2. A valid identification card issued to a member of the Armed
Forces that includes a date of birth and a photo of the person;
or
3. A valid passport issued by the United States or by a foreign
government.
The government issued ID will not be accepted if it has expired,
damaged, or in any way not legible.
Further, the Higher Level Facility will maintain records of the
following information for each member and customer of the
dispensary whom\ purchase medical cannabis which at a minimum,
will include the following:
1. The name, date of birth, physical address, and telephone number; and their status as a qualified
patient or primary caregiver.
2. A copy of each qualified patient's written physician recommendation and their designation of a
primary caregiver.
Visitors Must Be At least Twenty-One Years of Age.
All individuals granted access to the limited access area will be at least twenty-one (21) years of age, and
if not employed by the retailer, will be escorted at all times by an employee of The Team. The Team will
maintain a log of all individuals who are not employees who are granted access to the limited access area.
These logs will be made available to the Chief of Police or the Development Services Director upon
request.
Once a customer has been verified with the acceptable form of identification, they will be granted access
to the sales floor and begin the product discovery and sales process. Potential customers will not be granted
access to the Facility beyond the reception area until such time that they provide proof that they are twenty-
one (21) years of age, or that they fall into an authorized care giver exception pursuant to all state and
local regulations.
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 32 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
IDVisor Smart ID
All customer provided
documentation will be verified
using the IDVisor SmartID
Scanner. With this ID scanner,
Higher Level employees will be
able to quickly and effectively
validate the ID provided is valid
and that the person is of legal age
to enter the facility. The IDVisor
SmartID Scanner provides an
immediate visual response to the
ID scan.
With the IDVisor SmartID Scanner, Higher Level employees will also be able to retain records of all
visitors inclusive of personal identification information for each member and customer of the dispensary
that purchases cannabis.
Using the IDVisor SmartID Scanner, the proper employee can take a picture and retain the documentation
for easy reference later and instantaneously identify the frequency of visits from a single customer. These
records will be maintained by Higher Level for a period of not less than three years and will be produced
to the City within twenty-four (24) hours after receipt of the City's request.
In compliance with all Fresno Municipal Codes, the Higher Level of Care Team will ensure the following:
1. Higher Level Facility will not allow any person under 21 years of age access to the dispensary,
unless the person is 18 years of age or older and possesses a valid government-issued identification
card and either a valid county-issued identification card under Section 11362. 712 of the California
Health and Safety Code, or who is a qualified patient in possession of a valid physician's
recommendation in their name, or who is a primary caregiver for a person in possession of a valid
physician's recommendation (See FMC §9-3309(i)).
2. The entrance to the Higher Level Facility will be clearly and legibly posted with a notice that no
person under the age of 21 is permitted to enter the premises (See FMC § 9-3309(i)(2)).
3. Entrances into the Higher Level Facility will be locked at all times and entry strictly controlled.
A "buzz-in" electronic/mechanical entry system will be utilized to limit access and entry to
the retail area such that it is separate from the reception/lobby area (See FMC 9-3310(a)(4)).
4. Before a customer is introduced to cannabis products, they must have their identification verified.
A security professional employed by the Higher Level Facility will verify the age and all
necessary documentation of each individual to ensure customers are not under the age of
twenty-one (21) years or at least 18 years of age and possesses a valid physician’s
recommendation after confirming the customer’s age, identity, and physician’s
recommendation. Customers will be asked to produce one of the following forms of acceptable
identification pursuant to (See 16 CCR § 5404(c)):
5. A document issued by a federal, state, county, or municipal government, or a political subdivision
or agency thereof, including, but not limited to, a valid motor vehicle operator's license, that
contains the name, date of birth, physical description, and a photo of the person;
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 33 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
6. A valid identification card issued to a member of the Armed Forces that includes a date of birth
and a photo of the person; or a valid passport issued by the United States or by a foreign
government.
Retail Sales Policies
No person in association with Higher Level’s business will give, sell, distribute, assign, or otherwise
transfer any cannabis to any person in any manner that violates local or state law.
In accordance with 16 CCR § 5404, Higher Level will restrict the sale of adult-use cannabis to persons
who are 21 years of age or older, and who are in possession of a valid government-issued identification
card.
Further, Higher Level will restrict the sale of medical cannabis only to:
1. A person 18 years of age or older who possesses a valid government-issued identification card and
a valid county-issued identification card under Section 11362. 712 of the California Health and
Safety Code; or,
2. Qualified patients with a currently valid physician's recommendation in compliance with the
Compassionate Use Act of 1996 (California Health and Safety Code section 11362.5), the Medical
Marijuana Program Act (California Health and Safety Code section 11362.7 et seq.), and valid
government-issued identification such as a Department of Motor Vehicles driver's license or State
Identification Card; or
3. Primary caregivers with a verified primary caregiver designation by their qualified patients, a copy
of their qualified patient's valid physician's recommendation in compliance with the
Compassionate Use Act of 1996 (California Health and Safety Code section 11362.5), the Medical
Marijuana Program Act (California Health and Safety Code section 11362.7 et seq.), and valid
official identification such as a Department of Motor Vehicles driver's license or State
Identification Card.
In accordance with FMC §9-3310(a)(2), the Team asserts there will not be a physician
located on the premises at any time for the purpose of evaluating patients for the issuance
of a cannabis recommendation or card where applicable.
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 34 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Purchase Limits
Pursuant to 16 CCR § 5409(c), an associate will be responsible for ensuring that the customer does not
exceed the daily purchase limits which are as follows:
• 28.5 grams of non-concentrated cannabis.
• 8 grams of concentrated cannabis as defined in Business and Professions Code §26001, including
concentrated cannabis contained in cannabis products.
• 6 immature cannabis plants.
The staff will undergo training from a cannabis education program through a company like Cannabis
Training University in order to communicate with customers on effective methodology when considering
their proper dosing methods.
(ii) Procedures for Receiving Deliveries During Business Hours
Pursuant to FMC §9-3310, the Higher Level Facility’s intake of product into their Facility will follow
strict policies and procedures in order to ensure full compliance with all track and trace regulations; and,
to ensure the security of the assets and the safety of all personnel. The Team’s suppliers will transport and
transfer products to The Higher Level Facility’s as permitted by the City of Fresno and the State of
California. Shipments will be conducted through the use of a licensed, insured and state authorized
transport company.
Product receiving will occur on a regular basis in order to ensure that a sufficient supply of product is on
hand for sale and in smaller amounts to reduce risk during transfer. The movement of large amounts of
high value product at one time can create an excessive risk of loss during transfer.
Shipments are scheduled at random times and hours in order to avoid predictability that can elevate the
risk of theft. Product transport/transfer will be completed during the times of 8:00 am to 6:00 pm, or during
daylight hours, to ensure maximum visibility and threat detection. When shipments are scheduled, this
information will only be provided to individuals who occupy a “need to know” position in order to avoid
risk of theft.
Transport vehicles will notify the Higher Level Facility’s security personnel 5-10 minutes in advance of
their arrival. Experienced security personnel will visually verify that there are no imminent threats and
notify transport personnel it is safe to approach the shipping/receiving door of the business. Transport
vehicles will park in a designated area that is within view of Higher Level Facility’s security cameras.
Security personnel will then approach the transport vehicle in order to escort the movement of product
into the interior of the building. Product will be immediately placed into the secure vault and the vault
will be locked. The transport vehicle will not be left unlocked or unattended during the transfer in order
to avoid theft at these times.
At the time of the shipment:
• Higher Level Facility’s security personnel will inspect the credentials of the transport personnel
prior to allowing entry into the building. Transportation team members and vehicle will be logged
by the Facility’s security personnel upon each arrival.
• Security personnel or a manager will verify that the shipment paperwork, amounts, and manifest
are in order prior to allowing transporters to leave the site.
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 35 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
(iii) Point-of-Sale System and the Number of Point-of-Sale Locations
In full compliance with FMC §9-3309(e), the Facility will have in place
a point-of-sale or management inventory tracking system to track and
report on all aspects of the business including, but not limited to, such
matters as cannabis tracking, inventory data, gross sales (by weight and
by sale) and other information which may be deemed necessary by the City, and as amended. The Facility
will ensure that such information is compatible with the City's record-keeping systems and be approved
and authorized by the City Manager or his/her designee(s) prior to being used by the permittee.
Additionally, the system will have the capability to produce historical transactional data for review.
They System implemented by the Facility, will be the Greenbits Cannabis Retail Management Platform.
This utilized system will record and provide reports on all aspects of cannabis tracking, inventory data,
and gross sales. As the pioneering leader of regulated retail, Greenbits is the complete cannabis retail
management platform. Greenbits is among the largest and fastest-growing network of cannabis retailers,
22,000 users in 1,200 retail locations across 13 states. As the market share leader, Greenbits rings $3.7
billion in sales annually, comprising one-third of all cannabis sales in adult-use states. These statistics
reveal that the Greenbits Retail Management Platform serves the most locations, reaches the most
customers, processes the most transactions, and rings the most sales in the industry, making Greenbits the
best-selling and most trusted cannabis retail platform nationwide.6
As previously explained in §1.6.1(iii), the Greenbits Cannabis Retail Management Platform will serve the
Higher Level facility as the system of record and report on all aspects of cannabis tracking, inventory data,
and gross sales. As the pioneering leader of regulated retail, Greenbits is the complete cannabis retail
management platform.
Greenbits will prevent staff from breaking the rules or making operational missteps that violate local and
state regulations. Greenbits includes an Age Verification Scanner in order to prevent underage sales and
to verify information with ID barcode scanners. Greenbits also includes Purchase Limits Alerting where
it automatically calculates product equivalencies to prevent violation of state regulations. Finally, the
Greenbits software makes it impossible to serve patrons after the allowed Hours of Operation. This will
ensure that Higher Level complies to the authorized hours of operation.
Greenbits is also an inventory tracking system. The system will track and report all aspects of Higher
Level cannabis business including, but not limited to, such matters as inventory data, gross sales (by
weight and by sale), and other information which may be deemed necessary by the City. Higher Level
business will ensure that such information is compatible with the City’s record-keeping systems. In
addition, the system will have the capability to produce historical transactional data for review.
With the comprehensiveness of the Greenbits system, Higher Level will have the confidence in knowing
that there are 3 types of controls in place to maintain full inventory monitoring and recordkeeping
compliance. These three types of controls include:
1. Automatic Process Control will use technology to maintain compliance. An example would be
reporting Inventory to the Bureau via the integration with METRC.
6 https://www.greenbits.com/about-us/
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 38 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
4 The account manager will maintain a complete, accurate, and up-to-date list of all track and trace
system users, consisting of their full names and usernames.
5 A licensee will monitor all compliance notifications from the track and trace system, and timely
resolve the issues detailed in the compliance notification.
6 The track and trace account manager will be responsible for training Shift managers, Retail Sales
Associates, and Inventory Control Agents.
Incoming Inventory
The Retail Manager and authorized agents will conduct incoming inventory operations, also known as
“back of the house” operations. All cannabis products will enter through a restricted area in accordance
with 16 CCR § 5422(c). As such, only Higher Level authorized employees will have access to the delivery
area.
Using Agent Controls, when incoming cannabis products enter the facility, the Retail Manager will inspect
the incoming inventory. The Retail Manager or delegate will inspect and count all the cannabis products
received. Additionally, the Retail Manager or delegate will confirm the product's name, strain name,
weight, and identification number on the manifest matches the information on the cannabis product label
and package.
As part of the inspection, the Retail Manager will determine all cannabis products received are pre-
packaged and labelled in compliance with state and local regulations. As such, all cannabis and cannabis
products that contain cannabis will be inspected to ensure that the cannabis or cannabis product was
packaged in a sealed, odor-proof, and child-resistant cannabis containers, properly labeled, and have not
exceeded their best-by, sell-by, or expiration date.
Generating Incoming Inventory Records
Using an Automatic Process Control, the Retail Manager will generate an incoming inventory record into
Greenbits. Each record will contain the following information pursuant to 16 CCR § 5049(b):
1. Name and type of the cannabis goods.
2. Unique identifier of the cannabis goods.
3. Amount of the cannabis goods, by weight or count, and total wholesale cost of the cannabis goods,
as applicable.
4. Date and time of the activity or transaction.
5. Name and license number of other licensees involved in the activity or transaction.
Additionally, the Retail Manager will include the following details in its inventory record:
6. The make, model, and license plate number of each vehicle delivering inventory
7. The arrival time of the delivery driver
8. The departure time of the delivery driver
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 42 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
End of Day Inventory
After the Facility closes, and all customers have left the premises, employees will conduct an end of day
inventory audit. All cannabis and cannabis products are counted, weighed, or both. The Inventory Control
Specialist will generate an inventory record in Greenbits of the ending day Higher Level inventory.
Subsequently, the Inventory Control Specialist will verify that Higher Level Greenbits inventory records
match California METRC track and trace system inventory levels.
Notification of Theft, Loss, and Criminal Activity
Pursuant to 16 CCR § 5051(b), a licensee will notify the Bureau and local law enforcement within 24
hours of discovery of any of the following situations:
1. The licensee discovers a significant inventory discrepancy.
a. A significant discrepancy in inventory means a difference in actual inventory compared to
records pertaining to inventory of at least $5,000 or 2 percent of the average monthly sales
of the licensee, whichever is less.
2. The licensee discovers theft, loss, or any other criminal activity pertaining to the operations of the
licensee.
3. The licensee discovers theft, loss, or any other criminal activity by an agent or employee of the
licensee pertaining to the operations of the licensee.
4. The licensee discovers loss or unauthorized alteration of records related to cannabis goods, clients,
or the licensee’s employees or agents.
5. The licensee discovers any other breach of security.
In the case that one of the activities above is discovered by the licensee, the licensee will follow the below
procedure.
1. Notify local law enforcement.
2. Record the date and time of the loss.
3. Record a description of the incident and where applicable the items that were taken or lost.
Inventory Audits
In accordance with FMC §9-3310(b)(5), the Team will notify the City Manager or his/her designee(s)
within twenty-four (24) hours after discovering any of the following:
• Significant discrepancies identified during inventory. The level of significance shall be determined
by the regulations promulgated by the City Manager or his/her designee(s).
• Diversion, theft, loss, or any criminal activity involving the cannabis retail business or any agent
or employee of the cannabis retail business.
• The loss or unauthorized alteration of records related to cannabis, registering qualifying patients,
primary caregivers, or employees or agents of the cannabis retail business.
• Any other breach of security.
Recordkeeping
Pursuant to FMC §9-3331(a), the Team will maintain accurate books and records in an electronic format,
detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less
than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued
pursuant to this Article), or at any time upon reasonable request of the City, the Team will file a sworn
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 43 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
statement detailing the number of sales by the commercial cannabis business or cannabis retail business
during the previous twelve-month period (or shorter period based upon the timing of the request), provided
on a per-month basis.
The statement will also include gross sales for each month, and all applicable taxes paid or due to be paid.
On an annual basis, the Team will submit to the City a financial audit of the business's operations
conducted by an independent certified public accountant.
The Team will also maintain a current register of the names and the contact information (including the
name, address, and telephone number) of anyone owning or holding an interest in the Team’s Business,
and separately of all the officers, managers, employees, agents and volunteers currently employed or
otherwise engaged by the Team. Records will be provided to the City Manager or his/her designee(s) upon
a reasonable request in accordance with FMC §9-3331(b).
Further, in accordance with FMC §9-3331(c), the Team will maintain an inventory control and reporting
system that accurately documents the present location, amounts, and descriptions of all cannabis and
cannabis products for all stages of the Team’s operational processes until purchase as set forth
MAUCRSA.
Finally, and in compliance with FMC §9-3331(d), subject to any restrictions under the Health Insurance
Portability and Accountability Act (HIPAA) regulations, the Team will allow the City to have access to
the business's books, records, accounts, together with any other data or documents relevant to its permitted
commercial cannabis activities, for the purpose of conducting an audit or examination.
Books, records, accounts, and any and all relevant data or documents will be produced no later than
twenty-four (24) hours after receipt of the City's request, unless otherwise stipulated by the City. The
Team will provide requested materials in an electronic format that is compatible with the City's software
and hardware.
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 47 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Higher Level Deals
Customers will always be able to find deals at the Higher Level store. Below are some sample deals Higher
Level has done this year for customers in Seaside. This are primarily advertised through the company’s
Instagram page. No products are sold from the Instagram page.
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 49 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Another appealing factor for the Nissan Leaf vehicle for team, beyond its dependability is that the
Nissan Leaf is fully electric eliminating the need to visit a gas station. A single charge provides a
range of 226 miles on a single charge. The ever-growing National charging network now includes
over 2,000 CHAdeMO Quick Charging points and over 30,000 Level 2 public stations in the U.S so
there are no concerns with maintaining charge. In a pinch, the Nissan Leaf also comes with a 120V
adapter that will allow charge from a standard outlet.
OnFleet – Delivery Dispatch
The Team will utilize the high-end Onfleet software for driver and delivery
dispatch. This will track deliveries to customers real time for full
transparency and security.
The Onfleet platform is considered the best in the industry for final mile delivery services. The company
was founded by a team of engineers from Stanford University and funded by some of Silicon Valley’s top
investors. Onfleet provides dispatchers with visibility to all deliveries in transit by tracking the GPS thru
the phone of each driver. Using Onfleet and Greenbits, our transportation capabilities will boast the
following features:
1. Ability to create shipping manifests which will contain the following:
a. A unique Purchase Order number to track system receipts.
b. Name, license number, and premises address for:
i. The licensee who possesses the cannabis goods.
ii. The licensee transporting the cannabis goods.
iii. The licensee receiving the cannabis goods.
c. Name and license number of any licensee involved in the activity or transaction who is not
shipping, transporting, or receiving the cannabis goods.
d. Date and time of activity.
e. Date and time of departure from first premises, and estimated time of departure for
subsequent premises if cannabis goods are being shipped from multiple premises in one
transport vehicle.
f. Estimated date and time of arrival at each receiving premises.
g. Driver license number for any person driving the transport vehicles.
h. Make, model, and license plate number of transport vehicles; and
i. Name and type of cannabis goods to be transported.
2. Ability to produce and store package and product tracking numbers.
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 50 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
a. All cannabis product sold or transferred between cannabis facilities must have the tracking
identification number that is assigned by the statewide monitoring system affixed, tagged,
or labeled and recorded, and any other information required by the BCC, the act, and these
rules.
3. Ability to digitally track and store information such as:
a. Digital signature for delivery.
b. Images of products picked-up and delivered.
c. Quantity and product type.
4. Ability to pull reports.
a. Real-time inventory reports.
b. Real-time location monitoring via GPS.
5. Digital route management.
a. Creation of driver routes and sequence product delivery.
b. Real-time driver notifications of any changes in a transportation route.
c. Store route history.
d. Store route notes.
e. Log suspicious route activity.
Shipping Manifest
The Team will receive retail customer orders for delivery. These orders will be converted into outgoing
shipments and assigned to drivers employed by the company. Pursuant to 16 CCR § 5049, all shipments
of outgoing products will include a detailed shipping manifest. All transportation recordkeeping will be
digitalized and be an output of the inventory tracking system with accurate inventory records. These will
be notated as an outbound shipping manifest. Each shipping manifest will contain the following
information:
1. Name, CUP number, and originating cannabis business address for:
a. The licensee who possesses the cannabis goods.
b. The licensee transporting the cannabis goods.
c. The licensee receiving the cannabis goods.
2. Name and address of the individual requesting delivery.
3. Date and time of activity.
4. Date and time of departure from first premises, and estimated time of departure for subsequent
premises if cannabis goods are being shipped from multiple premises in one transport vehicle.
5. Estimated date and time of arrival at each receiving premises.
6. Driver license number for any person driving the transport vehicle.
7. Make, model, and license plate number of transport vehicle.
8. Name and type of cannabis goods to be transported.
9. The shipping manifest will be completed by the transmitted in the track and trace system to the
BCC.
A physical copy of the shipping manifest will be carried in the transport vehicle at all times while
transporting cannabis goods. The shipping manifest will be provided to law enforcement and Bureau of
Cannabis Control agents upon request.
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 51 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Delivery Rules
The Team will adhere to the following rules regarding the vehicle used for delivery as aligned with both
local and state laws regarding cannabis operations:
1. Delivery employees who are carrying cannabis goods for delivery, will only travel in an enclosed
motor vehicle where goods are locked in the trunk of the vehicle.
2. While carrying cannabis goods for delivery, delivery employees shall ensure the cannabis goods
are not visible to the public.
3. Delivery employees will not leave cannabis goods in an unattended motor vehicle unless the motor
vehicle is locked and equipped with an active vehicle alarm system.
4. Using Onfleet technology, The Team will be able to identify the geographic location of all delivery
vehicles that are making deliveries for the retailer and shall provide that information to the BCC
upon request.
5. Any motor vehicle used by a retailer to deliver cannabis goods is subject to inspection by the BCC.
Vehicles used to deliver cannabis goods may be stopped and inspected by the BCC at any licensed
premises or during delivery.
6. Pursuant to 16 CCR § 5418(a), while making deliveries, delivery employees will not carry
cannabis goods valued in excess of at any time. This value will be determined using the
current retail price of all cannabis goods carried by the delivery employees.
7. Employees shall not consume cannabis goods while delivering cannabis goods to customers.
Delivery to a Physical Address
Pursuant to 16 CCR § 5416, the Team will only deliver cannabis goods to a physical address in California.
1. Employees will not leave the State of California while possessing cannabis goods.
2. The Team will not deliver cannabis goods to an address located on publicly owned land or any
address on land or in a building leased by a public agency. This prohibition applies to land held
in trust by the United States for a tribe or an individual tribal member unless the delivery is
authorized by and consistent with applicable tribal law.
3. Delivery personnel will follow the same protocol and policies of the retail facility in the
verification of the recipient’s age and necessary documentation for the receipt of cannabis or
cannabis products.
a. All delivery personnel will verify the age and all necessary documentation of each
individual to ensure customers are not under the age of twenty-one (21) years.
Acceptable forms of documentation will be:
i. A document issued by a federal, state, county, or municipal government, or a
political subdivision or agency thereof, including, but not limited to, a valid motor
vehicle operator's license, that contains the name, date of birth, physical description,
and a photo of the person;
ii. A valid identification card issued to a member of the Armed Forces that includes a
date of birth and a photo of the person; or
iii. A valid passport issued by the United States or by a foreign government.
b. Those unable to produce acceptable forms of identification verifying they are of age
top purchase will not be provided with cannabis products.
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 52 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Delivery Payment Handling
Whenever possible, the Team will accept credit card payments through the company’s website for
cannabis deliveries. Credit card processing in the current landscape is always evolving and not always
readily available. When the Team is required to accept cash from customers, the cash will be stored in
small quantities inside the vehicle.
The Team will outfit all delivery vehicles with a secured storage container affixed in the passenger side
of the vehicle on the floorboard, out of the public view. The storage container will contain a cash box
inside the container affixed to the floorboard.
Upon receiving cash payments from a customer, the driver will use a digital code to open the storage
container. Cash will be put inside of the cash box then the storage container will be returned to the locked
position.
Upon arriving back to the retail facility, the driver will notify on-site security will be notified. The guard
will watch the vehicle for suspicious activity. At that point in time, the storage container will be opened
by the driver. The driver will remove the cash box from the storage container and carry it inside. Once it
is inside the facility, it will go to the manager’s office for reconciliation. After the cash has been counted,
it will be moved to the vault for storage.
Number of Vehicles
At the onset of operations, the Facility is budgeting for the purchase of five (5) Nissan Leaf vehicles
to support its operation. As operations scale, additional vehicles will be purchased.
Vehicle Records
The Facility will maintain a database of all operational vehicles being used for the delivery of cannabis
products. Within this database, the Facility will create a file for each vehicle. This file will contain the
following:
1. Copy of the Vehicle Inspection Report – signed and dated by the inspector.
2. Copy of the Vehicle Registration.
3. Photo image of the license plate.
4. Photo image of the vehicle.
5. Vehicle Make, Model, Year.
6. Copy of the Certificate of Insurance.
7. Vehicle Maintenance Log.
Vehicle Inspection Policy
In order to ensure that all vehicles remain in working order, The Team has created a Vehicle Inspection
Checklist. All vehicles will be inspected when they are placed in service then the vehicle will undergo
monthly inspections. The vehicle will be inspected by the Operations Manager or designee. Inspection
reports will be scanned and saved into the vehicle’s corresponding cloud file. The Team will use a
professional mechanic for an Annual Certified Safety Inspection for each vehicle.
Section: 1 Business Plan
Subsection: 1.6 Daily Operations
Team: Fresno Cares, Inc. dba Higher Level of Care Page 53 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Preventative Maintenance
The Team will maintain a log for each vehicle that records preventative maintenance for each vehicle.
This will include tracking of vehicle mileage and the following items.
• Oil Change / Filter / Lube.
• Standard PM Inspection.
• Tire Rotation.
• Diagnostic & Tune-Up.
• Service Brakes.
• Replace Belts.
• Tire Replacement.
• Battery Replacement.
• Annual Certified
Safety Inspection.
Sample Vehicle Inspection
Report
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.1 Commitment to Living Wages
Team: Fresno Cares, Inc. dba Higher Level of Care Page 55 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
2.1 COMMITMENT TO LIVING WAGES
MIT Living Wage Table
8 https://livingwage.mit.edu/counties/06019
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.2 Employee Benefits
Team: Fresno Cares, Inc. dba Higher Level of Care Page 56 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Anticipated Employee Pay Rates
2.2 EMPLOYEE BENEFITS
The Team has taken specific care to offer their employees one of the best benefit compensation plans
available on the market. First, Specifically, they have picked a medical plan which requires no annual
deductibles or co-pay. When health insurance becomes too expensive to utilize, the Team feels as if the
employee becomes de facto uninsured. This is why this Team ultimately decided to pick PremierChoice
Health & Wellness, which is a fixed indemnity wellness plan that that allows the insured to receive specific
first dollar benefit payments for coverage regardless of the medical provider charge. There is a short thirty
(30) day waiting period imposed by the provider, and employees will have the option to include their
spouse and dependent children. Additionally, the Team ensured that the health insurance coverage would
also include telemedicine and COVID-19 resources, such that their employees can meet with doctors
telephonically and forgo the current risks associated with hospitals for non-emergent and convenient
health care access.
Please find below information regarding, health, life, dental, vision, 401K, income protection and
term life with accelerated death benefit offered within this Team’s VIP benefit compensation
package.
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.2 Employee Benefits
Team: Fresno Cares, Inc. dba Higher Level of Care Page 60 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Additional Benefits of VIP Benefit Compensation Package
1. Paid Time Off: Employee Benefits will also include a generous paid time off package for vacation,
sick and other personal absences. Emp Part-time, temporary, casual employees and independent
contractors are not eligible for this benefit. Paid time off will be determined and dependent on each
individual employee’s Offer of Employment but will be no less than three (3) weeks in every calendar
year.
2. State Disability Insurance and Paid Family Leave: California is one of several states that provide
disability benefits to workers who are out of work due to injury or sickness that does not result
from their jobs (and therefore is not covered by workers' compensation). In addition, California
employees are eligible for paid family leave (PFL) benefits for up to eight weeks starting July 1,
2020 when they need time off to care for a seriously ill family member or to bond with a new child
(Cal. Unemp. Ins. Code § 3301). Effective January 1, 2021, PFL benefits are available for
employees due to a qualifying exigency related to active duty in the US military or a call to active
duty of the employee's spouse, domestic partner, child, or parent
3. Retirement Program: The Team will provide a Fidelity 401(k) tax-deferred retirement program and
will begin matching the employee’s contributions to their 401(k) after one (1) year of employment.
4. Workplace Accommodations for New Mothers: The Team provides new mothers with paid break
time, mealtime, or additional unpaid break time, if necessary, to express breast milk for her nursing
child in compliance with applicable federal and state laws. The Team will make reasonable efforts to
provide a room or other location in close proximity to the work area, other than a toilet stall, where
an employee can express mi lk in privacy. Nursing mothers who require this accommodation should
consult with their direct supervisor(s).
5. Social Security: The United States Government operates a system of contributory insurance known
as Social Security to assist workers in planning for their retirement. As wage earners, all employees
are required by law to contribute a set amount of their wages to the trust fund from which Social
Security benefits are paid. The Team is required to deduct this amount from each paycheck. In
addition, the Team will match the contribution dollar for dollar, thereby paying one-half of the
cost of employees’ Social Security benefits.
6. Voting Time: The Team encourages employees to participate in federal, state, county, and municipal
elections. Employees will be allowed up to two (2) hours off with pay to fulfill their voting
responsibilities.
7. Workers’ Compensation Coverage: All employees are covered against loss of earnings due to work-
related accident, injury, or injury by a Workers’ Compensation insurance policy furnished by the
Team. Medical care and other benefits are paid under the provisions of applicable state laws for
workers’ compensation. To receive full Workers’ Compensation benefits, employees must abide by
all safety policies and procedures.
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.3 Continuing Education and Employee Training
Team: Fresno Cares, Inc. dba Higher Level of Care Page 61 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
2.3 CONTINUING EDUCATION AND EMPLOYEE TRAINING
The Team is passionate about creating opportunities for employees to advance within the company and
look for opportunities to pave the way of success for each employee. Education is certainly a catalyst to
future advancement and personal growth; however, the Team understands that the cost of education
beyond completing high school can often deter people from continuing the educational journey. As the
Team shares in the goals of the city to support higher education and vocational training for the residents
of Fresno, the team hopes to mitigate the financial barriers associated with pursuing education by offering
educational reimbursement benefits to encourage self-development. The reimbursement benefit would be
extended for certain education-related expenses. This benefit is intended to encourage professionalism
and assist employees in increasing effectiveness in their current position, preparing employees for possible
advancement, and/or increasing an employee’s adaptability to new ideas and change.
Plan Details
The Educational Reimbursement Program will include assistance with the cost of tuition and other
expenses related to the pursuit for education related to certifications within the Cannabis industry and any
other educational programs as required for the management or proper functioning of the dispensary.
Benefits may not be substituted for additional wages, as such, employees who choose to not utilize the
program forfeit their entitlement to benefits.
Employee Eligibility
Both Regular Full-time and Regular Part-time employees will be eligible to participate in the program.
For eligibility purposes:
1. Regular Full-time means a normal work schedule of at least 40 hours per week, or at least 80 hours
on a bi-weekly basis.
2. Regular Part-time means a normal work schedule consisting of at least 20 hours per week, or at
least 40 hours on a bi-weekly basis.
The Team will expect an employee to be employed with them for at least 180 days to ensure the pursuit
of further education will not adversely affect job performance.
Reimbursement of Fees and Expenses
To qualify for reimbursement, an employee will be required complete the certification or course. No
benefit will be payable unless these requirements are met. Once a course has been satisfactorily completed,
an employee may request reimbursement for eligible fees and expenses related to the course. Eligible fees
and expenses will be reimbursed at 100% up to the annual maximum.
Reimbursement Maximum
The Team will reimburse the employee no more than $5,250 a year for qualified educational programs.
Should lawmakers enact an increase or decrease to the $5,250 ceiling, this Plan will automatically adopt
the new ceiling on its effective date. Under Section 127 of the Internal Revenue Code, the employee
receives reimbursements under this Plan as tax-free fringe benefits.
Reimbursement Deadline
Reimbursement requests will need to be submitted no later than six months following completion of the
course. A reimbursement request that is submitted more than six months following course completion will
not be eligible for reimbursement.
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.4 Recruitment Plan and Social Policy
Team: Fresno Cares, Inc. dba Higher Level of Care Page 62 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Time Off Work
The Team prefers course schedules be arranged in ways that do not conflict with the employee’s work
schedule. However, special situations which might require time off the job will be considered. Such
situations might involve the scheduling of an examination by the school or graduation exercises at a time
when the employee is usually at work.
2.4 RECRUITMENT PLAN AND SOCIAL POLICY
The Higher Level of Care Team does not allow human resources to fall by
the wayside, under other traditional office priorities. Therefore, the
executives of this Team think beyond products and marketing. They are
aware that without a viable team, no brand or product is going to remain in
place for long. In the race to the top, this Team does not disregard for one
minute the importance of essential human resource practices to foster an
efficient workplace. As they implore this same ideology within their current
locations, they do not suffer from devastating customer and top-talent loss.
In short, developing a superior cannabis team starts with executive
leadership and flows from there down to the rest of the company.
“The best answer to the question of when a cannabis company should
invest in HR
is the sooner, the better.”
Below please find the Team’s recruitment plan that is in accordance with
FMC § 9-3316 (b) (1) and exceeds the required percentage of local
employee hiring procedures.
Pursuant to FMC § 9-3309(i)(1), the Team will not employ any person who is not at least twenty-one (21)
years of age.
In compliance with FMC §9-3316(b)(1), the Team commits to developing a workforce of a minimum of
one-third (1/3) individuals who meet one or more of the following criteria:
1. Annual family income below 80% AMI;
2. Convicted for a cannabis related crime that could have been prosecuted as a misdemeanor or
citation under current State law;
3. Lived in a low to moderate income census tract in the City for a minimum of three (3) years;
4. Veteran; or
5. Former foster home youth who was in foster care as a minor.
6. Unemployed; or
7. Receiving public assistance.
The Team will maintain full records of each individual hired who meets this criterion and provide the City
with ongoing proof of their compliance.
The Team has hired 100% of its employees from the City of Fresno and does not see
a reason that all employees cannot be Fresno Residents.
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.6 Employees, Title/Position, and Responsibilities
Team: Fresno Cares, Inc. dba Higher Level of Care Page 67 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
positive and trusting relationships with community leaders and neighboring business owners. Salvatore
Palma together with Andrew Rodriguez, the long-time resident of Fresno, will continue to look for
opportunities to provide community benefits throughout the community through identify need,
volunteerism, and financial contributions.
Chief Operating Officer
The Team has named owner Mr. Tyson Hunter as the Chief Operating Officer. His experience within the
cannabis industry, specifically in managing retail operations, provides expertise on purchasing, vendor
management, contract negotiation and purchasing operations. Tyson will develop and operate plans to
ensure The Team maintains the relationships and resources needed to support current forecasted business
and projected growth and the ability to respond to current and emerging markets. Tyson brings an
understanding of best in class supply chain management processes.
As the COO, Tyson will additionally be responsible for designing and managing the purchasing process
to be utilized by all requisitioners, buyers, and receiving personnel and an inventory control process to be
utilized by all personnel.
Tyson will manage daily purchasing activities, supervising staff, supplier relations and negotiating
contracts, prices, timelines, etc. he will maintain the supplier database, purchase records, and related
documentation as well as coordinate with inventory control personnel to determine and manage inventory
needs.
He will recruit, hire, train, coach and develop all personnel regarding inventory management and ensure
each employee involved with the management of inventory completely understands the requirements and
importance of inventory management.
Director of Marketing
The Director of Marketing role will be fulfilled by Mr. Wesley Clark. Wes’s background in sales,
marketing, and branding make him a perfect fit for this role. As the Director of Marketing, Wesley will
be responsible for designing, implementing, and monitoring effective marketing strategies that align with
the company’s strategic goals. This will include developing and executing branding initiatives, new
product introductions, and other marketing projects. Wesley will engage with Fresno Care consumers and
build brand equity through social, digital, website development, locally held events and all relevant
platforms to effectively reach all potential consumers.
Wesley will develop a comprehensive market intelligence plan to capture competitive product
information, collect customer feedback, and analyze market trends to identify and evaluate potential and
existing customers, competitors, as well as markets for our existing and potential products. Wesley will
work directly with the COO to ensure, based on market trends, products obtained meet customer demand
at the right price point.
Wesley will work to develop packaging and branding that appropriately meets the core values of the
company and appeal to the customer base and launch campaigns for products new to the market. As the
Director of Marketing, Wesley will additionally work to develop sales training material to ensure branding
messages are clear and aligned with the sales team and monitor sales, adjusting marketing and sales
campaigns as needed for sales optimization.
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.6 Employees, Title/Position, and Responsibilities
Team: Fresno Cares, Inc. dba Higher Level of Care Page 68 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Director of Security
Mr. Jeffrey Zisner will fulfill the role of Director of Security for the Higher Level of Care Team. As the
current President & CEO of AEGIS Security and Investigations, Jeff brings to the Team over a decade of
interdisciplinary security knowledge and team management. Jeff has a vast amount of experience working
with both the California government and corporate entities. It is this previous experience and current skill
set that gives him the qualifications to effectively manage and oversee all security operations at the
Facility. Jeff will provide direct support, oversight and coordination of the security team ensuring the
implementation of The Team’ security procedures and operational plans. As the Director of Security, Jeff
will be the Team’s resource for governmental regulatory compliance relating to security, while always
ensuring the safety and security of Facility employees, business invitees, and third-party vendors. As the
Director of Security, Jeff will be responsible for monitoring the site grounds, facility, visitors, vendors,
and Facility employees. Jeff will be responsible for ensuring the uninterrupted operation and monitoring
of the sites video surveillance system, access control system, and perimeter security system to ensure full
functionality and compliance.
As the Director of Security, Jeff will hire, train, and manage the Facility’s additional security employees
through his company, and in furtherance of their goals to exceed all ideal competency standards and best
practices. Jeff and his Team will be charged with the initial verification of all potential customer’s
identification cards through use of the Smart ID Scanner. Jeff will also work closely with the Store
Manager, as their responsibilities will often intersect to ensure that the Property and its Facility are
operated and maintained without any safety or governmental compliance error.
As Jeff’s motto goes, “always err on the side of caution before an error is made!”
Secretary and Future CEO
Ms. Marley Forsyth will serve as the Facility’s secretary and future CEO in the making. With her previous
management planning experience, Marley will be a great fit to hit the ground running in terms of Team
management and in instituting best ethical practices and procedures. It is anticipated that beyond her
current managerial roles, that Marley will learn the day-to-day facility operations through the
apprenticeship program and better understand executive responsibilities beyond the sales floor.
Marley’s future responsibilities will eventually include hiring potential employees, collecting, and
returning agent identification cards, and ensuring all agents complete their program training within 90
days of employment. Additionally, Marley will train all agents on inventory, sales, security, sales, and
operation procedures.
Store Manager
Mr. Andrew Rodriguez will serve as the Facility’s Store Manager and will perform some executive duties
such as supervising and directing the work of other employees. Initially, the duties of the store manager
will be closely monitored; but will expand to include managing the budget, ordering merchandise,
ensuring cash register processes are monitored closely, and authorizing the payment of the Facility’s
routine day-to-day bills. The Store Manager will oversee the facilitation of employee benefits through the
utilization of the online payroll system Gusto. In conjunction with this online platform, the Store Manager
will ensure that employees go through proper onboarding procedures, are promptly paid, and all benefits
are administered pursuant to company policy.
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.6 Employees, Title/Position, and Responsibilities
Team: Fresno Cares, Inc. dba Higher Level of Care Page 69 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Each day, Marley and/or Andrew will open and close the retail store, conduct beginning of day inventory
audit, oversee sales and operations, and conduct end of day inventory audit. In addition, Andrew is
responsible for maintaining facility records, inspecting and accepting deliveries, disposing of cannabis
waste, reconcile inventory discrepancies as needed, review surveillance equipment and footage, as well
as maintain contact with authorities in conjunction with Mr. Zisner, in the event of an emergency.
Shift Leader
The Shift Leader will work directly under the Retail Store Manager. The Shift Leader will assist the Retail
Store Manager of the management of retail operations by overseeing and facilitating sales, supporting
retail sales associates as needed, retrieving cannabis and cannabis products from restricted access areas,
and ensuring that the appropriate number of customers have access to the retail area. In addition to
overseeing sales, the Shift Leader will create employee retail sales associate work schedules and maintain
the interior cleanliness of The Team’ retail facility during business hours.
Retail Sales Associate
Each Retail Sales Associate will facilitate sales within The Team’ store. During each sale, each Retail
Sales Associate will engage and develop a relationship with the customer. Each Retail Sales Associate
will get to know each customer to make adequate cannabis and cannabis product recommendations.
During each sale, each Retail Sales Associate will educate each customer about the product the customer
intends to purchase or the product the customer does in fact purchase. Subsequently, the Retail Sales
Associate will create an inventory record for each sale conducted in The Team’ store.
Inventory Control Specialist
The Inventory Control Specialist will review and monitor inventory levels. Each day, the Inventory
Control Specialist will conduct beginning of day and end of day inventory data entries. The Inventory
Control Specialist will use the data collected each day to monitor inventory levels for each cannabis and
cannabis product in the store. The Inventory Control Specialist will purchase inventories of cannabis and
cannabis products, with the approval of the Retail Store Manager, when inventory becomes too low. In
addition to monitoring inventory day-to-day, the Inventory Control Specialist will research cannabis and
cannabis product trends and will make purchasing adjustments, again, with the approval of the Retail Store
Manager, to ensure The Team carries the highest demanded products. Furthermore, the Inventory Control
Specialist will develop and maintain relationships with cultivation, craft grow, and infuser organizations.
Delivery Driver
The Delivery Driver will be responsible for delivering products directly to The Team customers. The
Team Delivery Drivers will deliver a wide variety of items to different addresses and through different
routes. They will be accountable to load, unload, prepare, and inspect all products being delivered. Any
issues found with inventory is to be brought directly to the attention of the Retail Store Manager. Delivery
Drivers, accompanied by a Retail Store Manager, will prepare shipments, and validate shipping manifests
prior to departure from the Team Facility. They will be held accountable to adhere to scheduled routes
and arrival times, completing logs and reports regarding deliveries, and collect payments from customers
upon delivery. Delivery Drivers will further be responsible for ensuring proper ID verification prior to
providing products to customer ensuring full compliance with local and state regulations. Delivery Drivers
will receive the same training and education as Retail Sales Associates regarding cannabis products to
ensure Delivery Drivers can provide the same product information as if the customer purchased in-store.
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.7 Labor Peace Agreement
Team: Fresno Cares, Inc. dba Higher Level of Care Page 72 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
2.7 LABOR PEACE AGREEMENT
The Higher Level of Care Team is committed to quality business
practices and a generous compensation and benefits package. The Team
has entered into a Labor Peace Agreement with Teamsters Joint
Councils #7 and #42 Below is a reduced size copy of the agreement. We
are happy to provide the original.
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.7 Labor Peace Agreement
Team: Fresno Cares, Inc. dba Higher Level of Care Page 73 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.7 Labor Peace Agreement
Team: Fresno Cares, Inc. dba Higher Level of Care Page 74 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.7 Labor Peace Agreement
Team: Fresno Cares, Inc. dba Higher Level of Care Page 75 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.8 Workforce Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 76 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
2.8 WORKFORCE PLAN
The Team has hired 100% of its employees from the City of Fresno. Additionally, employees such as
Ms. Marley Forsyth, Ms. Crystal Smith, and Ms. Nicole Martin, have lived in the Fresno community the
entirety of their lives. Depending upon their performance, each employee will have the ability to
participate in the Team’s apprenticeship program. The Team has strenuously endeavored to interview and
hire some of the best young talent that Fresno has to offer. You will see from the below CVs that each of
these future young leaders have extensive volunteer work for local charities such as: Valley Children’s
Hospital, Dual Language Academy of Monterey Peninsula, Boys and Girls Club, Ronald McDonald Club,
Poverello House, and the like. These employees are exemplary members of the Fresno community, and
we look forward to you learning more about them through their resumes below.
HIRE FRESNO LOCALS
HIRE FRESNO LOCALS WHO CARE ABOUT FRESNO
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.8 Workforce Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 85 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Commitment to Offering Apprenticeships
An "apprentice" is a person who has bound him or herself by contract to a master to learn some trade,
craft, profession, or business and to serve the master during the period of apprenticeship.
Apprenticeship programs are regulated by the Fitzgerald Act, which is designed to protect young people
and to encourage them to enter skilled trades.
Under the Act, the Secretary of Labor is authorized and directed to formulate and promote the furtherance
of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such
standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers
and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in
the formulation and promotion of standards of apprenticeship. The Fitzgerald Act also authorizes the
Secretary of Labor to allow states to register state apprenticeship training programs through the creation
of an approved state apprenticeship agency or council; once instituted, such a state agency is responsible
for establishing standards for state apprenticeship programs and setting forth procedures by
which programs are registered or deregistered. However, neither federal nor state approval is required for
a sponsor to operate a building trades apprenticeship program, although apprenticeship programs must
abide by state antidiscrimination laws. Pursuant to CA §48:33, the apprenticeship programs statute
prohibits discrimination in apprenticeship programs based on race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, and military and veteran status, and creates an apprenticeship council to administer
such programs. Furthermore, community colleges and other public-school districts may not provide
instruction to an apprenticeship program when the administrator of apprenticeship determines that
the program sponsor is not in compliance with the state plan for equal opportunity in apprenticeship. The
state plan requires school districts maintaining high schools, community college districts,
and apprenticeship program sponsors, to provide students with information as to the availability
of apprenticeship programs. Furthermore, public sector apprenticeship programs should be fully
compatible with affirmative action goals for the participation of minorities and women
in apprenticeship programs.
The executive members of the Higher Level of Care Team have specifically selected Team Members who
are interested in the industry, have no prior industry experience, but who all share a strong work ethic and
desire to improve their community with their existence. While Marley and Andrew will be the first
members of the apprenticeship program, it is the desire of the Team for him to thereafter facilitate the
program.
Every apprenticeship program must have a “sponsor.” The sponsor is responsible for the overall operation
of the program. Andrew’s initial sponsor will be Salvatore. Marley’s initial sponsor will be Tyson.
Involved in this program will also be a workforce intermediary, including an industry association or a
joint labor-management organization. Regardless of who serves as the sponsor, apprenticeships are always
executive employer-driven, and those executive Team Members are involved throughout the entirety of
the process.
There are three types of program design for apprenticeships:
• Time-based Programs: Apprentices complete a required number of hours in on-the-job training
and related instruction.
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.8 Workforce Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 86 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
• Competency-based Programs: Apprentices progress at their own pace. They demonstrate
competency in skills and knowledge through proficiency tests but are not required to complete a
specific number of hours.
• Hybrid Approach: Through a hybrid of time-based and competency-based models, apprentices
have a minimum and maximum range of hours based on the successful demonstration of identified
and measured competencies.
The Higher Level of Care Team will institute a hybrid approach with all apprenticeship employees. Each
participant will meet with their respective sponsor and conduct on the job training exercises related to the
day-to-day operations of the Facility. There will be “take-home” project questions regarding best business
practices. The goal of these exercises is to allow the participants to problem solve and utilize their
knowledge, and then be able to discuss the proper procedures or best practices with their applicable
Sponsor. This specific program allows for the future leaders of Fresno to gain first-hand business
knowledge and an understanding of best practices. All apprentices will undergo training in the Education
Hub.
Commitment to Paying Living Wages
The Executives Team, strongly believe that in order to retain talented and dedicated staff, a company must
adequately compensate its staff, therefore, the Team has developed highly competitive compensation
packages that will offer much more than just a living wage to its employees.
Anticipated Employee Pay Rates
The Team’s objective is to retain loyal employees who will provide a lot of value to Facility’s customers.
To ensure the Facility retains the most talented employees, the Team will pay each of its’ team members
competitively and generously increase that compensation as appropriate. Looking towards the living wage
for Fresno County in comparison to State minimum wage, the Facility’s employees will be paid much
higher than that which is required for living. Facility employees who have households with 1 adult and 0
children will make a premium of 155%-241% over Fresno County’s recommended living wage, and a
premium of 150%-233% over California’s minimum wage as illustrated below.
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.9 Social Equity Incubator Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 87 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
2.9 SOCIAL EQUITY INCUBATOR PLAN
The Team is looking forward to offering an Education Hub, where a Social Equity Plan rooted in assisting
others within the cannabis industry can take off. It is incredibly rare, to have the additional space of an
annex for educational and social business purposes. However, the Property will include a separate annex
office that is connected through a separate breezeway, which will allow them to offer the City a community
learning and education hub unlike any other that the City will receive from any other applicants.
Mentorship/Training Opportunities
The Higher Level of Care Team looks forward
to presenting its Social Equity Incubator Plan
and collaborating with up and coming cannabis
entrepreneurs in the Fresno area. The
executives of the Team are passionate about the
cannabis industry, and this is why they have
created their own Education Hub. They plan on hosting numerous informative clinics and will provide a
monthly calendar located on their website, detailing those clinics available to the public. Any interested
parties will be provided with a link from the Team’s website whereby they can directly contact the Store
Manager with all additional questions. In Designing their monthly clinic calendar, the Team has taken
from their extensive business experience, as well as from the Fresno Small Business Administration
(“Fresno SBA”), in designing sessions that will be informative for future adult entrepreneurs that may or
may not be interested in cannabis business opportunities. Researching, planning, budgeting, financial
modeling, executing a plan, apply to all businesses. A zoom calendar invite will also be provided on the
Team’s website, such that potential participants can take part off-site.
Section: 2 Social Policy and Local Enterprise Plan
Subsection: 2.9 Social Equity Incubator Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 88 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Equipment Donation/Other Technical Assistance
The Higher Level of Care Team will be providing google chrome books for use by all participants while
within the Education Hub. The Team understands that accessible technology is imperative and a challenge
for some. While are participants are taking part in education courses featured in the Education Hub, they
will be provided with the appropriate technology to conduct research, drafting of proposals and other
related business formation documents, and guidance on best practices for research and available resources
such as the Fresno Small Business resource guide. The Team will make available computers within the
Education Hub such that participants can conduct hands-on employment search trainings, resume
building, and explore the latest online development for virtual opportunities that are becoming more
imperative to understand now than ever before.
Many are unfamiliar with researching governmental grants and other community resources pertaining to
business development and personal development opportunities. Many have never attempted to establish a
networking plan and put it into action. The Team is a high-tech and business savvy group that will provide
the same technical training to employees that it will to Education Hub participants. In this ever-developing
tech world, the Team knows that without proper computer skills and researching techniques, it is difficult
to navigate any employment market. The Team plans on purchasing around 15 google chrome books to
use for training in the Education Hub, and will also gift the same equipment to those who are in need and
identified by the Team as individuals who will succeed with such additional equipment being made
available to them.
Section: 3 Neighborhood Compatibility Plan
Subsection: 3.1 Addressing and Responding to Complaints
Team: Fresno Cares, Inc. dba Higher Level of Care Page 89 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
3 NEIGHBORHOOD COMPATIBILITY PLAN
Higher Level of Care is focused on uplifting the Blackstone Corridor and being a good neighbor. The
company will be responsive to complaints and will take pride on not only uplifting the neighborhood with
great exterior renovations in a federally designated Opportunity Zone, but implementing policies and
procedures to avoid becoming a nuisance. In fact, the Team expects that the neighbors will love us. The
company expects that property value in around the surrounding facility will likely increase due to the
facility upgrades and increased security presence! Loitering and onsite consumption will not be tolerated
and Andrew Rodriguez will always make himself available to discuss issues in the community. Higher
Level is confident nuisant odors will not escape the facility using best in class odor control techniques
designed by the company’s Mechanical Engineer, James C. Paul.
Fresno officials can rest assured that they have selected a group committed to good stewarship!
3.1 ADDRESSING AND RESPONDING TO COMPLAINTS
The Team has appointed Mr. Rodriguez as the primary Community Relations Liaison/Emergency Contact
that will take point on addressing and responding to complaints associated with noise, light, odor, litter,
vehicles, pedestrian traffic, and emergency situations (See FMC §9-3309(m)(1)(2).
The Team Community Relations Designee
• Name: Mr. Andrew Rodriguez
• Phone Number: (408) 840-6917
• andrrodriguez@scumb.edu
The Team will also provide the above information to all businesses and residences located within one
hundred (100) feet of the facility.
During the Team’s first year of operation, the owner, manager, and community relations representative
from the Team’s facility will attend meetings with the City Manager or his/her designee(s), and other
interested parties as deemed appropriate by the City Manager or his/her designee(s), to discuss costs,
benefits, and other community issues arising as a result of implementation of commercial cannabis
businesses.
After the first year of operation, the owner, manager, and community relations representative from the
Team’s facility will meet with the City Manager or his/her designee(s) when and as requested by the City
Manager or his/her designee(s).
The Team is dedicated to being an asset for the city of Fresno and good neighbors to those that surround
the business. The Team has planned its operation in a way to minimize impact to the surrounding
community, however, should operations drive disruption, the Team has developed processes to collect
feedback so that, as a company, they can work to quickly address issues viewed as a nuisance. Feedback
will be welcomed through a couple of different means.
First, the Team will distribute company contact information throughout the community as an outlet for
people to provide feedback on any concerns related to noise, light, odor, or traffic.
Section: 3 Neighborhood Compatibility Plan
Subsection: 3.1 Addressing and Responding to Complaints
Team: Fresno Cares, Inc. dba Higher Level of Care Page 90 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
The Team will provide the Fresno Police Chief and City Officials with the name, telephone number of at
least one 24- hour on- call designated employee to serve as a liaison to resolve complaints, to respond to
operating problems or concerns associated with The Team’ business.
Additionally, the Team will provide the same information to surrounding neighborhoods and businesses
and will make every good faith effort to encourage neighborhood residents or business owners to call this
person to solve problems, if any, before any calls or complaints are made to the City.
The comprehensive responsibilities include:
1. Build, develop, and retain strong relationships with the Team’ business neighbors and clients.
2. Public Relations including creating, managing, and promoting The Team within the community.
3. Formulate strategic marketing initiatives to increase brand recognition and equity within the
region.
4. Identify, develop, and execute communication strategies.
5. Present educational materials for internal staff and any public audiences.
6. Resolve sensitive inquiries and/or complaints from internal staff, neighbors, and other persons
within the community.
7. Establish and maintain cooperative relationships with representatives of the community,
participants, and public advocacy groups.
8. Attend relevant meetings and events within the region as needed and/or required.
9. Identify potential areas for growth.
10. Act as The Team’ liaison to internal and external organizations.
11. Meet with the Police Chief regarding any security-related measures or operation issues.
The Team will report any change in their community relations designee to the city within ten (10) calendar
days of any such change. This information will further be distributed to neighboring businesses as well.
The Team truly sees this as means to get to know the neighbors and establish transparent, healthy working
relationships.
Online Complaint Form
Finally, the Team will post a complaint form on their website. This will be utilized for collecting
complaints both from the community and customers. This form will generate an email directly to
Salvatore, who will review them daily. Salvatore will hold weekly meetings with Andrew to review and
discuss the complaints and any remedial actions that need to be taken. If the complaint involves a public
nuisance or safety matter, the Director of Security, and the appropriate authorities if necessary, will be
immediately contacted. Once the complaint is addressed, protocols and process documents will be revised
and/or store adjustments will be made.
All complaints will be recorded and kept on file and will be provided to the City of Fresno officials upon
request. Further, all complaints will be electronically uploaded by date, such that an electronic copy will
be preserved and made readily accessible upon request. The Team, is again, dedicated to supporting the
community and will take all reasonable actions to minimize disruption to its neighboring members of the
community.
If a complainant would like to fill out a form immediately, the below form will be provided to them.
Copies will be stored in the office and at the reception area. Any forms completed by hand will be promptly
scanned and emailed to Andrew for prompt resolution.
Section: 3 Neighborhood Compatibility Plan
Subsection: 3.1 Addressing and Responding to Complaints
Team: Fresno Cares, Inc. dba Higher Level of Care Page 91 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Complainant Statement Form (Example)
Section: 3 Neighborhood Compatibility Plan
Subsection: 3.2 Nuisance Avoidance Policies
Team: Fresno Cares, Inc. dba Higher Level of Care Page 92 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
3.2 NUISANCE AVOIDANCE POLICIES
Overall, the Team has put extensive effort into creating a Facility and business model that will seamlessly
integrate into the community. The Team has considered everything from the aesthetics of the facility to
specific operational policy that will lend to the company’s ability to be a good neighbor.
In strict compliance with FMC §9-3309(b)(c), the Team will not cause or permit the sale, dispensing, or
consumption of alcoholic beverages or tobacco products on or about the premises of the cannabis retail
facility.
Further, the Team will enforce a policy that strictly prohibits the consumption of cannabis or cannabis
products on the Team’s premises in full compliance with FMC §9-3309(a).
The Team will prohibit loitering by persons outside the facility both on the premises and within fifty (50)
feet of the premises pursuant to FMC §9-3309(l) and will employ on-site security to enforce this policy.
Pursuant to FMC §9-3309(n), the Team will continually maintain the premises and its infrastructure so
that it is visually attractive and not dangerous to the health, safety and general welfare of employees,
patrons, surrounding properties, and the general public.
The premises will not be maintained in a manner that causes a public or private nuisance. Litter will be
removed daily from the premises, including adjacent public sidewalks and all parking lots under the
control of the Team; these areas will be swept or cleaned, either mechanically or manually, on a weekly
basis to control debris; upkeep and operating characteristics will be compatible with abutting properties
and the surrounding neighborhood.
The Team will ensure that the Property is managed in a manner that is consistent with best business
practices. This includes, but is not limited to, the following:
1. Preventing and eliminating conditions on the site that constitute a nuisance.
2. Maintaining the exterior of the site, including any parking lots under the control of The Team, free
of litter, debris, and trash.
3. Implementing measures that discourage loitering near or around the facility and collaborating with
the City Police Department to enforce related laws.
4. Safely storing and disposing of all waste generated on the site, including chemical and organic
waste, in accordance with all applicable laws and regulations.
5. Removing all graffiti from the site and parking lots under the control of The Team within 72 hours
of its application.
Further, and in accordance with 16 CCR § 5025(d), the Team will not store, sell, dispense, or permit the
consumption of alcoholic beverages or tobacco products on or about the premises of the cannabis business.
The Team will not allow, at any time, any person to smoke, ingest, or otherwise consume cannabis or
cannabis products in any form on, or within 20 feet of, the premises. The Team will post “No smoking”
signs near the entrance and exit of the business.
Policies will be in place that strictly prohibits loitering in or around the facility and parking lots will be
regularly monitored. These efforts will work to prevent all noise related problems associated with people
gathering on the premises.
Finally, our management team will ensure that the traffic in and out of the facility is respectful of the
neighboring members of the community. The Team will ensure that adequate parking is available for its
Section: 3 Neighborhood Compatibility Plan
Subsection: 3.3 Odor Mitigation Practices
Team: Fresno Cares, Inc. dba Higher Level of Care Page 93 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
patrons with a minimum of one (1) parking space per one hundred fifty (150) sq. ft. of floor area dedicated
to the business. Ample on-site parking will serve to alleviate any pressures on community traffic or
pedestrians.
Of course, The Team will further ensure that parking area lighting and exterior lighting mounted on the
facility is well balanced and not result in glare on adjoining properties. Below is an image of the planned
exterior lighting.
3.3 ODOR MITIGATION PRACTICES
As the Team is participating strictly in the retail of cannabis products, any odor emittance will be de
minimalist. Notwithstanding the same, Mr. James Paul P.E, President of Paul International, Inc., is a senior
mechanical engineer with more than 20 years of experience. As a consultant and company owner, he has
developed effective odor-absorbing ventilation and air filtration systems for several cannabis related
businesses including dispensaries, cultivation facilities, processing, and manufacturing laboratories. The
Team has included the letter of intent from Mr. Paul as evidence of the planned mechanical engineer’s
support and partnership for the proposed Higher Level retail facility.
By retaining Mr. Paul, the Team is ensuring that only best available odor control technology and devices
are being utilized. A sufficient odor absorbing ventilation and exhaust system will be provided so that
odor generated inside the premises that is distinctive to its operation is not detected outside of the facility,
anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area
walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common
tenants or the visiting public, or within any other unit located inside the same building as the Team’s
Facility.
Section: 3 Neighborhood Compatibility Plan
Subsection: 3.7 Waste Management Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 101 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Cannabis Waste
In the event that Republic will not accept our cannabis compostable waste,
The Team has identified Ecowaste to haul away any and all cannabis waste.
This company has been operating since 2016 and offers a legally compliant
solution to hauling cannabis waste and is committed to operating within the
rules set forth by 16 CCR § 5055.
Destruction of Product
If any of The Team’ cannabis product becomes contaminated, recalled, expired, or otherwise rendered
unusable, The Team will dispose of the cannabis or cannabis product. The Team’ Track and Trace
Manager will always be present and oversee any destruction of product and ensure that it is properly
recorded. Additionally, The Team asserts that cannabis waste will never be sold for any reason.
Green Cycler Composter
The Team will use a composter to render cannabis unusable. This product is a small appliance that chops
up compostable items into an odor-free container. It is capable of shredding plant-based items, including
cannabis. The Green Cycler has a specialized ventilation system that optimizes air flow to neutralize odor
causing bacteria.
Section: 3 Neighborhood Compatibility Plan
Subsection: 3.7 Waste Management Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 102 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Process to Render Waste Unusable – Compostable
The Team has prepared the following process to render waste unusable. This will occur on a weekly basis
and be conducted by the Inventory Control Manager while under video surveillance.
1. Identify products in the quarantine area ready for disposal.
2. Sort Compostable and Non-Compostable Waste.
3. Remove Compostable Waste from packaging.
4. The Inventory Control Manager will weigh the product and generate an inventory record in the
inventory management system and METRC.
5. The marijuana is emptied into the Green Cycler and mixed with the following:
a. Food waste,
b. Yard waste, or
c. Vegetable based grease or oils
6. The Inventory Control Manager will pour an equal amount of Vegetable Oil into the Green Cycler.
7. For instance, if 1 ounce of marijuana is being rendered unusable, 1 ounce of Vegetable Oil will be
mixed into the container.
8. Using the lever on the Green Cycler, the Inventory Control Manager will destroy the compostable
cannabis waste.
a. The Inventory Control Manager will repeat this process until all quarantined items are
rendered unusable.
9. Upon completion, the Inventory Control Manager will empty the container in a biodegradable bag.
10. This bag will be placed inside the Waste Receptacle Labeled “Compostable Mixed Waste”.
11. A permitted waste company will be contacted to pick-up the waste for transport to a compost or
anaerobic digester facility.
Process to Render Waste Unusable –Non-Compostable
1. Identify products in the quarantine area ready for disposal.
2. Sort Compostable and Non-compostable Waste.
3. Remove Non-compostable Waste from packaging.
4. The Inventory Control Manager will weigh the product and generate an inventory record in the
inventory management system and METRC.
5. The Non-compostable Waste is emptied into the Green Cycler.
6. Using the lever on the Green Cycler, the Inventory Control Manager will destroy the Non-
compostable Cannabis Waste.
7. The Inventory Control Manager will repeat this process until all quarantined items are rendered
unusable.
8. The Inventory Control Manager will take shredded paper from the office and mix that with the
Non-compostable Cannabis Waste.
9. Upon completion, the combined waste will be placed into a biodegradable bag.
10. This bag will be placed inside the Waste Receptacle Labeled “Non-Compostable Cannabis Waste”.
11. A permitted waste company will be contacted to pick-up the waste for transport to a landfill or
incinerator.
Section: 3 Neighborhood Compatibility Plan
Subsection: 3.7 Waste Management Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 104 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
2 The reason for destruction or disposal.
3 The name of the entity being used to collect and process the cannabis waste.
4 A description of any adjustments made in the statewide track and trace system, including, but not
limited to:
5 Spoilage or fouling of the cannabis goods.
6 Any event resulting in exposure or compromise of the cannabis goods.
7 Any other information required by the Bureau.
Hauling Cannabis Waste
Upon arranging for the pickup of cannabis waste by an approved waste hauler or when depositing cannabis
waste at a Bureau - approved waste handling facility, The Team will obtain and keep a record from the
solid waste facility or other approved waste handling operation evidencing the acceptance of the cannabis
waste material at the facility. Pursuant to 16 CCR § 5055(e)(3)(A), The Team will ensure that the record
contains the following information:
1 The name of the facility where the cannabis waste was deposited;
2 The address of the facility;
3 The date and time the waste was accepted by the facility;
4 The volume or weight of the cannabis waste accepted.
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 106 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Fire and Life Safety Plan Assessment
The Higher Level of Care Team has specifically partnered
with Paul W. Gantt, Ph.D., CSP, because of his vast
experience. Dr. Gantt is a safety engineer and board-
certified safety professional (CSP) with an extensive
background as both a regulator and in private practice encompassing over 40 years. Dr. Gantt is
experienced in many areas of occupational and construction safety, safety systems and programs, multi-
employer worksites, fire and life safety, workplace and premises evaluation and liability, general safety
practices, OSHA and Cal-OSHA health and safety regulation, fire and life safety, and Fire and Building
Code safety and health requirements.
Below please find the Fire and Life Safety Plan in its entirety:
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 107 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 108 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 109 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 110 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 111 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 112 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 113 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 114 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 115 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 116 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 117 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 118 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.1 Professional Fire Prevention & Suppression
Consultant
Team: Fresno Cares, Inc. dba Higher Level of Care Page 119 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 4 Safety Plan
Subsection: 4.2 Accident and Incident Reporting Procedures
Team: Fresno Cares, Inc. dba Higher Level of Care Page 120 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
4.2 ACCIDENT AND INCIDENT REPORTING PROCEDURES
The Facility is classified as a non-hazard employer and it is using the template provided by Cal/Osha to
develop an Injury and Illness Prevention Program for non-High Hazard Employers. This is crafted from
the online standards from Title 8 of the California Code of Regulations, § 3203 (T8 CCR 3203), and
consists of the following elements:
1. Responsibility
2. Compliance
3. Communication
4. Hazard Assessment
5. Accident/Exposure Investigation
6. Hazard Correction
7. Training and Instruction
8. Employee access to the IIP Program
9. Recordkeeping
A physical copy of the IIP, will be printed and stored on site. All work-related injuries, illness or death
will be handled pursuant to Title 8 §342, and will include the following within the email message that is
sent to Cal/Osha’s Accident Report Division:
1. Time and date of accident/event
2. Employer's name, address, and telephone number
3. Name and job title of the person reporting the accident
4. Address of accident/event site
5. Name of person to contact at accident/event site
6. Name and address of injured employee(s)
7. Nature of injuries
8. Location where injured employee(s) was/were taken for medical treatment
9. List and identity of other law enforcement agencies present at the accident/event site
10. Description of accident/event and whether the accident scene or instrumentality has been
altered.
11. Email your report and the above information to: caloshaaccidentreport@tel-us.com.
Pursuant to FMC §9 -3316(c) and Section 26051.5(11)(A) of the Business and Professions Code, as may
be amended, the Team asserts that within one year of receiving a commercial cannabis business permit,
one supervisor and one employee will successfully complete a Cal/OSHA 30-hour general industry
outreach course offered by a training provider that is authorized by an OSHA Training Institute Education
Center.
The Team has already uploaded to the e-portal, their fully executed
Statement of Compliance with Cal/OSHA Training
Section: 4 Safety Plan
Subsection: 4.2 Accident and Incident Reporting Procedures
Team: Fresno Cares, Inc. dba Higher Level of Care Page 123 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Training and Instruction
All workers, including managers and supervisors, shall have training and instruction on general and job-
specific safety and health practices. Training and instruction are provided as follows:
1. When the IIP Program is first established.
2. To all new workers, except for construction workers who are provided training through a
construction industry occupational safety and health program approved by Cal/OSHA.
3. To all workers given new job assignments for which training has not previously been provided.
4. Whenever new substances, processes, procedures, or equipment are introduced to the workplace
and present a new hazard.
5. Whenever we are made aware of a new or previously unrecognized hazard.
6. To supervisors to familiarize them with the safety and health hazards to which workers under their
immediate direction and control may be exposed.
7. To all workers with respect to hazards specific to each employee’s job assignment.
8. General workplace safety and health practices include, but are not limited to, the following:
9. Implementation and maintenance of the IIP Program.
10. Emergency action and fire prevention plan.
11. Provisions for medical services and first aid, including emergency procedures.
12. Prevention of musculoskeletal disorders, including proper lifting techniques.
13. Proper housekeeping, such as keeping stairways and aisles clear, work areas neat and orderly, and
promptly cleaning up spills.
14. Prohibiting horseplay, scuffling, or other acts that tend to adversely influence safety.
15. Proper storage to prevent stacking goods in an unstable manner and storing goods against doors,
exits, fire extinguishing equipment and electrical panels.
16. Proper reporting of hazards and accidents to supervisors.
17. Hazard communication, including worker awareness of potential chemical hazards, and proper
labeling of containers.
18. Proper storage and handling of toxic and hazardous substances, including prohibiting eating or
storing food and beverages in areas where they can become contaminated.
Employee Access to The IIP Program
Our employees – or their designated representatives - have the right to examine and receive a copy of our
IIP. This will be accomplished by:
1. Provide access in a reasonable time, place, and manner, but in no event later than five (5) business
days after the request for access is received from an employee or designated representative.
2. Whenever an employee or designated representative requests a copy of the Program, we will
provide the requester a printed copy of the Program, unless the employee or designated
representative agrees to receive an electronic copy of the Program.
3. One printed copy of the Program will be provided free of charge. If the employee or designated
representative requests additional copies of the Program within one (1) year of the previous request
and the Program has not been updated with new information since the prior copy was provided,
we may charge reasonable, non-discriminatory reproduction costs for the additional copies.
4. Any copy provided to an employee or their designated representative need not include any of the
records of the steps taken to implement and maintain the written IIP Program.
Section: 4 Safety Plan
Subsection: 4.2 Accident and Incident Reporting Procedures
Team: Fresno Cares, Inc. dba Higher Level of Care Page 124 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
5. Where we have distinctly different and separate operations with distinctly separate and different
IIPs, we may limit access to the IIP applicable to the employee requesting it.
6. An employee must provide written authorization in order to make someone their “designated
representative.” A recognized or certified collective bargaining agent will be treated automatically
as a designated representative for the purpose of access to the company IIP. The written
authorization must include the following information:
7. The name and signature of the employee authorizing the designated representative.
8. The date of the request.
9. The name of the designated representative.
10. The date upon which the written authorization will expire (if less than 1 year).
Recordkeeping
We have checked one of the following categories as our recordkeeping policy.
Category 1. Our establishment has twenty or more workers; has a workers' compensation
modification rate of greater than 1.1 and is not on a designated low hazard industry list; or is on a
designated high hazard industry list. We have taken the following steps to implement and maintain
our IIP Program:
1. Records of hazard assessment inspections, including the person(s) or persons conducting the
inspection, the unsafe conditions and work practices that have been identified and the action
taken to correct the identified unsafe conditions and work practices, are recorded on a hazard
assessment and correction form.
2. Documentation of safety and health training for each worker, including the worker's name or
other identifier, training dates, type(s) of training, and training providers are recorded on a
worker training and instruction form. We also include the records relating to worker training
provided by a construction industry occupational safety and health program approved by
Cal/OSHA.
3. Inspection records and training documentation will be maintained according to the following
checked schedule:
4. For one year, except for training records of workers who have worked for less than one year
which are provided to the worker upon termination of employment.
Since we have less than ten workers, including managers and supervisors, we only maintain
inspection records until the hazard is corrected and only maintain a log of instructions to workers
with respect to worker job assignments when they are first hired or assigned new duties.
Category 2. Our establishment has fewer than twenty workers and is not on a designated high
hazard industry list. We are also on a designated low hazard industry list or have a workers'
compensation experience modification rate of 1.1 or less, and have taken the following steps to
implement and maintain our IIP Program:
1. Records of hazard assessment inspections.
2. Documentation of safety and health training for each worker.
3. Inspection records and training documentation will be maintained according to the following
checked schedule:
4. For one year, except for training records of workers who have worked for less than one year,
which are provided to the worker upon termination of employment.
Section: 4 Safety Plan
Subsection: 4.4 Location of Fire Extinguishers and Other Fire
Suppression Equipment
Team: Fresno Cares, Inc. dba Higher Level of Care Page 131 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
4.4 LOCATION OF FIRE EXTINGUISHERS AND OTHER FIRE SUPPRESSION EQUIPMENT
There will be a fire extinguisher located at the front entrance door within the reception area, as well as by
the back door located in the restricted-access area. These fire extinguishers have been strategically placed
consistent with the evacuation route.
4.5 FIRE AND MEDICAL EMERGENCY TRAINING
The Team will utilize the professional analysis of Dr. Gantt, to implement all fire and medical emergency
training to employees. The vast majority of the training will occur when employees are initially hired and
undergo the onboarding training process their first week of employment. During week one (1) of
employment all employees will undergo IIPP Training and Emergency Action Plan Training. The
Emergency Action Plan training will include employee responsibilities and procedures for reporting
emergencies, the emergency action to be taken for each type of anticipated emergency, and evacuation
routes and areas of safe refuge. Emergencies that are covered in the training and Plan include medical,
fire, earthquake, workplace violence and active shooter training. This training will be completed prior to
the employees working within the sales floor on an unsupervised basis.
All Fire Training will take place within the Education Hub and will primarily be facilitated
through video training resources obtained by Dr. Gantt.
Section: 4 Safety Plan
Subsection: 4.5 Fire and Medical Emergency Training
Team: Fresno Cares, Inc. dba Higher Level of Care Page 132 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
There are some positions such as the Store Manager, Security Supervisor, and Secretary position which
will undergo specialized training to assist with the replacement of the air filters, and overall building and
facility maintenance.
All newly onboarded employees will participate in three (3) weekly Saturday morning training sessions
to obtain CPR, AED, and fire extinguisher use and control trainings. The CPR training will be in
compliance with the American Heart association. All AED training will be in compliance with the
American Heart association. All fire extinguisher training will allow each employee to understand how
to use a fire extinguisher, understand when a fire extinguisher needs to be replaced, and understand the
inspection/service requirement for all facility fire extinguishers.
All Emergency Medical Training will take place within the Education Hub and will primarily be
facilitated through three (3) Saturday morning sessions facilitated by Emergency Response Team
Members. All training will be a hands-on learning experience for employees.
The emergency response plan must include a procedure by which the supervising Facility coordinator can
notify the Facility’s emergency response coordinator. Mr. Tyson Hunter is the acting facility emergency
response coordinator. In addition to completing all training, Tyson will be immediately notified in the
event of a fire or medical emergency that occurs within the Facility. He will assist the Facility’s
supervisory on-site manager with the coordination of any additional measures which are to be
implemented because of such emergency. The Facility will
contain those emergency resources which are recommended
by Dr. Gantt, such as a medical aid kit, CPR assistant valve
for resuscitation rescue, and general personal protection
equipment which meets with all Covid-19 guidelines, such
that employees have access to functional medical
equipment.
The Team will have
all emergency
numbers posted
within the reception
area, employee
limited access and
employee restricted
access areas, per
California
Department of
Industrial
Relations.
Section: 6 Location
Subsection: 6.1 Description of Location
Team: Fresno Cares, Inc. dba Higher Level of Care Page 165 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Market Overview:i 14
• The Property is located at the intersection of two
significant thoroughfares. Located at the apex of
N. Blackstone Avenue and I-41., the property
offers incredible visibility with estimated average
traffic counts exceeding 100,000 vehicles per day;
• Nearby retail including Walmart Supercenter and
Grocery Outlet will increase traffic to this
location.
• Fresno is the 5th largest metropolitan area in
California, and the largest city in the Central
Valley.
• It is a gateway to American’s finest national parks
such as Yosemite and Sequoia National Park.
• This location is near the Blackstone renovations –
and would further uplift Blackstone Avenue with
the company’s planned façade and landscaping
upgrades.15
• The company plans on investing $1.2M into the
Blackstone property which is in alignment with
the City’s efforts to rehabilitate this Fresno artery.
• The Project will help increase the value of
surrounding properties.
Strong Market/Submarket Fundamentals:
• Fresno has recently experienced some of the
strongest apartment fundamentals in the past
10 years with below US average vacancy rates
and a 2.3% increased household income from
2018 to 2019.
• Blackstone Avenue has potential to revive a
flourishing Fresno artistry area. It is an
attractive market for businesses due to the
variety of surrounding retail and eatery options.
• Groups such as the Central Blackstone Area Merchants Association have teamed up with Blue Sky
Wellness Center, a mental health and addiction recovery facility, to refer homeless people for services.
Members of the recovery group then go out and clean up the area.
• With both the City and private businesses aligned in this area in an effort to improve and revive the
corridor, private capital investments will greatly compliment these efforts. The Team is planning a
half-million dollar renovation, which also offers a potential Community Education Hub that is
esthetically sleek but still conservative.
14 https://www.deptofnumbers.com/rent/california/fresno/
15 https://thebusinessjournal.com/pbid-considered-for-one-of-fresnos-most-overlooked-corridors/
FRESNO FACT SHEET
2020 Population 538,195
Fresno Apartment
Vacancy
4.13%
US Apartment Vacancy 5.97%
Fresno Household
Income
$49, 183
Cost of Living Index
(Fresno)
67.51
Cost of Living Index
(US Avg.)
100.00
2019 Fresno
Unemployment Rate
5.3%
2019 US
Unemployment Rate
3.5%
Section: 6 Location
Subsection: 6.1 Description of Location
Team: Fresno Cares, Inc. dba Higher Level of Care Page 166 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Zoning
The Team’s proposed retail facility is located in an area with a zoning determination of that is eligible for
commercial cannabis, pursuant to FMC §9-3307(a). Please see the below letter from the City, which
verifies a Corridor/Center Mixed-Use (CMX) zoning for the identified Property. As CMX is a zoning
area that is approved for new cannabis retail uses, the Property will comply with all City zoning
regulations.
Section: 6 Location
Subsection: 6.1 Description of Location
Team: Fresno Cares, Inc. dba Higher Level of Care Page 167 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 6 Location
Subsection: 6.2 Location Street View
Team: Fresno Cares, Inc. dba Higher Level of Care Page 169 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
6.2 LOCATION STREET VIEW
In compliance with FMC §9-3309(d), no cannabis or cannabis products or graphics depicting cannabis or
cannabis products shall be visible from the exterior of the Team’s facility or delivery vehicles at any time.
The Team will implement a Facility design, consistent with the below rendering, that will blend seamlessly
into the Neighborhood. As the current neighborhood is in a blighted area, the proposed design is one that
is sleek and modern. While it will be a different aesthetic look, then that which is currently there, it will
not be so modern that it would offend preexisting structures and will ultimately contribute to the
revitalization of the Blackstone Corridor. Further, there will be no identifying signage or other marketing
material outside of the Facility, other than the Higher Level Image.
Current Location Exterior (Blackstone Thoroughfare)
Current Rear of the Facility
Section: 7 Community Benefits and Investment Plan
Subsection: 7.1 Social Responsibility Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 183 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
559 Mural Project
The origins of mural art have been traced back more than 30,000 years, and throughout history murals
have been employed to convey artistic expression. In modern times, the concept of public art refers to
works that are accessible to the public whether or not they are commissioned by public or private entities.
In redevelopment projects, the artistic community has been vital in attracting people 16 As Fresno is known
as one of the best places to take a selfie, it is only fitting that the Team partners with the 559 Mural Project
in furthering their existing efforts of beautifying disenfranchised neighborhoods throughout Fresno. As
seen in the letter below, the Team will work with the 559 Mural Project to create socially conscious and
culturally relevant art that become a focal point for to converse about racial justice and social/economic
equity. This art reflects our current date culture, and it is a conversation that is long overdue, especially in
the Central Valley.
Specifically, the Team has committed to funding murals and supporting the initiative in their acquisition
of properties for artistic expression. Community organizations and residents are in the best position to
exercise rights to public art, and the Team believes that where communities will be present, they have a
right to enjoy public art and preserve it as part of their cultural identity. The Mural Project properly
approaches all potential projects with legal and ethical sense. Their efforts are done in conjunction with
the City and its community’s members.
Support of Poverello House
The Higher Level of Care Team is aware that many of the
households in the Central Valley are in a “food famine,” and that
obtaining healthy food options is a non-option for most families.
A disproportionate amount of Southeast Fresno’s Latinx, African
American, and Asian communities are negatively impacted by
higher rates of diabetes, heart disease, and obesity.
By partnering with local grass roots organizations, such as the Poverello House, the Team is confident
they can provide additional resources by dedicating monies for food donation, weekly discounts for food
donations by customers, as well as dedicating shelf space for raffle opportunities with all proceeds
benefitting the Poverello House. It is the belief of the Team that this not only brings awareness of these
issues to the attention of unaware consumers who may not be not local to the Central Valley, in addition
to raising capital for an organization that labors to reduce those economic barriers contributing to health
inequities throughout the Central Valley.
Below, are the Team’s partnership letters with the Poverello House & the 559 Mural Project
16 See East End of Pittsburgh (Mural Rights: Establishing Standing, 10 U. Pitt)
Section: 7 Community Benefits and Investment Plan
Subsection: 7.1 Social Responsibility Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 184 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 7 Community Benefits and Investment Plan
Subsection: 7.1 Social Responsibility Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 185 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Section: 7 Community Benefits and Investment Plan
Subsection: 7.1 Social Responsibility Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 187 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
California Department of Justice
Bureau of Criminal Identification and Information
Sacramento, CA 94203-4170
Attn: Record Review Unit
Dear [Name of addressee]:
This office represents [name of client] who would like to apply to your department for the destruction
of [his/her] record of convictions and arrests for certain Health and Safety Code violations.
Please forward to us the application form furnished by your department pursuant to Health & Safety.
Code, § 11361.5(b).
Very sincerely yours,
[Name of attorney or pro se party]
Attorney at Law or Pro Se Party
While Proposition 64 created a pathway for those suffering from marijuana convictions to find relief, the
“lay-person” or immigrant lay person who may also be suffering from a language barrier, is unlikely to
understand the legal lingo involved with CRE §85.11, and how to request destruction of those conviction
records prior to 1976 or thereafter. Simply, obtaining the application for destruction from the Department
of Justice is only the first step in the process of ensuring that all applicable marijuana convictions are
properly removed from the record for those qualified applicants.
Section: 7 Community Benefits and Investment Plan
Subsection: 7.1 Social Responsibility Plan
Team: Fresno Cares, Inc. dba Higher Level of Care Page 188 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
7.1.2 Environmentally Sustainable Business Model
Companies operating in multinational markets face an ever-increasing and complex set of obligations,
ranging from laws established by governments to the expectations (and criticisms) of investors, customers,
neighbors, and environmental advocacy groups, all in the context of highly variable cultural, social,
political, and market situations. Standards can provide practical governance framework, as well as
substantive guidance, to help companies successfully manage these obligations and challenges. To get on
this path companies need to focus on sustainability, environmental social governance, and corporate
responsibility strategies. This is precisely the ethos of the Higher Level of Care Team, and they make the
following sustainability commitments:
1. Tree Donation: California’s forests provide innumerable benefits,
including clean water and air, recreation, habitat, and beautiful scenery.
But, the years of drought, large-scale bark beetle infestation, and wildfire
seasons have depleted California’s forests. Every Friday, the Team will donate 1 tree for every
purchase made in store to OneTreePlanted. Customers will have the ability to make a donation, but
the Team will not be asking for any donations. They will notify customers to bring awareness and
do their part to give back to the forests of California.
2. Green Fleet: Investment of into a green delivery system. The Team is utilizing a fleet of
electric vehicles.
3. Electrical Car Charging Station: The Team is installing an electrical unit for charging vehicles
that can be utilized by the public free of charge.
4. Reusable Bag Discount: The Team will provide all customers with a discount for presenting a
previously purchased Facility bag that follows all state and local rules and regulations.
5. Paperless Office: To the extent possible, the Team will operate a paperless office and provide
customers with the option of having their receipts emailed to them.
6. Solar Panel Negotiations: The Executive Team is negotiating for a potential solar panel install
within their lease, and while contractually limited, they are hopeful such negotiations will lead to a
successful install of a solar panel instillation to offset their minimal electrical footprint.
The Team’s sustainability framework is constructed on a foundation of compliance, pollution prevention,
and continual improvement, but is not tied to any specific legal or political-economic regime, enhancing
its value as a company. It demands that companies holistically, and for no other political reason, consider
their overall context, issues, value chain, and stakeholders. This open architecture allows it to serve as a
platform for accommodating and executing disciplined sustainability strategies that will evolve with the
Team. This framework also allows the Team to look beyond narrow efforts that may only address a slice
of a company’s operations or focus on a single element. Instead, it encourages comprehensive strategies,
rather than single initiatives. In a complicated and fast-moving world, such standards can be a valuable
tool for companies seeking to implement a sustainability governance framework that is flexible, is familiar
to most value chains, and serves as a foundation for superior and improving performance.
7.1.3 Utilization of Blighted Areas for Business
The Higher Level Facility is within a federally and state designated Opportunity Zone and considered an
economically distressed community. As previously described above, the Team is proposing a much-
needed renovation to the Property area. Calculating and fairly allocating community Property needs are
two critical and contentious tasks in implementing a Fresno doctrine, which requires
Section: 7 Community Benefits and Investment Plan
Subsection: 7.2 Public Health Outreach and Educational Program
Team: Fresno Cares, Inc. dba Higher Level of Care Page 190 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
7.2 PUBLIC HEALTH OUTREACH AND EDUCATIONAL PROGRAM
In accordance with FMC §9-3309(m)(3), the Team has assessed and developed a public outreach and
educational program for youth organizations and educational institutions that outlines the risks of youth
use of cannabis, and that identifies resources available to youths related to drugs and drug addiction. As
the Team would consider themselves as legally restricted from directly contacting individuals under the
age of 21, they did an analysis of programs already positively impacting youths within the Fresno
community to see what contributions they could make in an effort to support these organizations.
On this question of how the Higher Level of Care Team communicates their message, the Team believes
that they must communicate with people who can be identified as key influencers of children within the
Fresno community. This would include messaging from schools and parents. Higher Level of Care will
post to its website from the CDC and California Department of Health the risks of marijuana usage. Should
a parent choose to pull this information down and provide it to their child, it will be there.
Higher Level’s Goals Beyond Public Outreach
The Team believes that in addition to educating youth, that Fresno should continue its efforts in the
restorative justice model that Fresno established at the Fresno County Community Justice Conference
(CJC) for Fresno juveniles. This was an innovative and collaborative effort of the Fresno County Juvenile
Court, Probation Department, District Attorney's Office, Public Defender's Office, and Fresno Pacific
University's Center for Peacemaking. Young people charged with first time misdemeanor offenses are
diverted from the Juvenile Court to engage in a restorative process with their families and the victims of
their offenses at the Center for Peacemaking. The agreements reached by the restorative justice
participants are then reviewed and approved by the Juvenile Court. Since its inauguration in 2008 the
program has resolved over fifteen hundred cases. It is cutting into the black market, and it's taking large
numbers of people who would be engaged in various forms of criminal behavior and dramatically reducing
their involvement in that behavior.
During the past two years, the federal government, the California legislature, and local governments have
increased penalties and redrafted sentencing guidelines for juvenile crimes; however, less attention has
been focused on strategies to prevent juvenile violence and stop troublesome predelinquent behavior from
escalating into violent crimes. Although additional public funding has been provided for incredibly young
children, the state has neglected older children and young adolescents between the ages of 9-15. The few
state or federal programs aimed at troubled youths aged 9-15 are generally spread thinly throughout the
state, crisis- rather than prevention-oriented, client-specific (offering services only to eligible children and
not their families), fragmented, and not held accountable for the results of their services. However, it
appears that the Fresno youth restorative justice program has succeeded in their promise to prevent high-
risk behavior among older children and young adolescents.17 The Team applauds the efforts of this
collaborative intensive community-based program where providers do more extensive outreach by seeing
the youth and their families in community settings. This is why the Team will be donating educational
pamphlets, like those below to assist with youth understanding of the dangers of marijuana use while their
young brains are still developing.
17 15-SUM CARLR 26S. Cola, J. D’Angelo California Regulatory Law Reporter
Section: 7 Community Benefits and Investment Plan
Subsection: 7.4 Historic Efforts of the Team
Team: Fresno Cares, Inc. dba Higher Level of Care Page 194 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Citizens of Sustainable Marina
The Citizens for Sustainable Marina is one of nine local action groups in Monterey County founded under
the auspices of Communities for Sustainable Monterey County. The organization aims to meet the
challenge of declining resources and climate change by helping communities’ transition to sustainable
practices. Some key examples of things the organizations and it’s volunteers do within the community are
work on native restoration areas, encourage green building practices and new urbanism, waste reduction
and cleanup, water conservation, use of alternative energy, energy reduction, carpooling, pedestrian-
friendly urban design, city bike paths and urban parks, protection of endangered and endemic species, and
alternate transportation.
Since Wesley and Tyson began business in the area, they have become actively involved with this
organization and frequently join in cleanup efforts. The organization typically calls for volunteers once
per quarter to get together and work to clean up trash from public areas, trim and maintain landscaping,
and work to maintain the integrity of public use structures such as park benches, pavilions, or playgrounds.
Wesley and Tyson have participated in each event held so far in 2020.
Section: 7 Community Benefits and Investment Plan
Subsection: 7.4 Historic Efforts of the Team
Team: Fresno Cares, Inc. dba Higher Level of Care Page 195 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Friends of Marina Parks Association
In addition to volunteering time, Wesley and Tyson strive to support the Friends of Marina Parks
Association which is an organization dedicated to keeping the city parks beautiful and updated. Each
month, the FOMP organizes a community cleanup and beautification effort at a Marina park location.
Volunteers come together to clean up trash, update and maintain landscaping, and repair and/or paint
picnic tables, fencing, and other structures within the community parks. While Wesley and Tyson look for
every opportunity to volunteer, they have additionally taken part in creating a beautiful mural at one of
the city’s parks and made a generous donation to the organization.
Friends of Seaside Parks Association
The behaviors reflected above recently exhibited by Wesley and Tyson within the Marina
community is no exception to what other communities have seen from the dynamic duo.
When operating SugarLeaf Trading Company with Seaside, California, from 2017-2019, the
pair also contributed to the Seaside community in similar ways. They volunteered for the
Friends of Seaside Parks Association performing park cleanup and maintenance services on
several occasions and made a financial donation to the organization.
Wesley and Tyson quickly integrate into the communities where they conduct business. As evidenced
above, Wesley and Tyson are not only successful business partners, but they share that success with the
community making a great addition to any city looking to add both business and social responsibility to
the area.
Section: 7 Community Benefits and Investment Plan
Subsection: 7.4 Historic Efforts of the Team
Team: Fresno Cares, Inc. dba Higher Level of Care Page 196 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Veterans Transition Center
Monterey County’s Veterans Transition Center is an
organization that supports issues that tug on the heartstrings
of nearly all American citizens, including Wesley and Tyson. The mission of the Veterans Transition
Center is to provide services for homeless Veterans and their families. By providing Veterans with
transitional housing and case management programs, they can once again become employable, productive
members of the community. VTC does not simply offer short term solutions to homelessness; it strives to
better the lives of homeless Veterans and aims to give them the tools they need to help themselves. Beyond
the Home and Shelter Program, the Veterans Transition Center offers supportive services to area veterans
including:
1. Deposit Assistance.
2. Rental Assistance.
3. Veteran Outreach.
4. Transportation Assistance.
5. Case Management Services.
6. Assistance Obtaining VA & Other Benefits.
7. Job Development Assistance.
Despite the challenges posed by the COVID-19 pandemic, as a provider of essential services, the Veterans
Transition Center remained open and in fact housed, cared for, and fed more Veterans than ever before.
This organization relies on volunteerism and financial or physical donations to not only maintain current
programs and resources they can offer, but also expand. Understanding the urgency related to this cause,
Wesley and Tyson wanted to get involved. They often volunteer for events organized to raise funds for
the center, most recently, they volunteered at the organization’s annual car show fundraising event.
Additionally, Wesley and Tyson can be found donating supplies to the center and they even brought in
presents, decorations, and food last Christmas to ensure the holiday season could be enjoyed for the
veterans and their families at the center.
Section: 7 Community Benefits and Investment Plan
Subsection: 7.4 Historic Efforts of the Team
Team: Fresno Cares, Inc. dba Higher Level of Care Page 197 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Salvatore Palma
Salvatore, similar to the rest of the team, is certainly no stranger to his local communities. Over the course
of the last few years he has made a combined total of $50,000 dollars in monetary donations to more than
20 local non-profit organizations and has spent numerous hours volunteering for nearly 10 local non-profit
organizations. Salvatore has a passion of contributing to the overall wellbeing of those around him and
his contributions have gone toward several causes including, helping retired and disabled military
veterans, police officers, and firefighters, community preservation and cleanup efforts, educational
organizations aimed to educate teens and young adults about the dangers of drugs and addiction as well
as provide scholarships and funds that provides children with additional educational opportunities, and
the development of arts and festivals that offer safe, family friendly recreational activities to community
residents. Below are a few examples of some of the organizations Salvatore has supported over the course
of his career.
The Village Project
The Village Project, Inc. (TVPI) is a 501c3
organization, founded to help meet the needs of
the under-served African American
Community. TVPI was able to come to life as a result of the passage of the Mental Health Services Act
(MHSA) of 2004. This Act was passed by the voters in CA and placed a special tax on millionaires in the
state to fund special programs so that historically under-served and unserved communities could access
mental health services. Our services are based on community defined practices. Prior to TVPI becoming
a reality, focus groups were held with a myriad of community members, such as grandparents, social
workers, therapist, relative caregivers, civic organizations, pastors, and grassroots individuals. The initial
focus group was held at the offices of the Monterey Peninsula Branch NAACP (now known as the
Monterey County Branch NAACP as a result of the Salinas and Monterey Peninsula Branches merging).
The focus group was co-sponsored by Monterey County Behavioral Health Department and headed by
Jesse Herrera, Monterey County Behavioral Health Division’s Ethnic Services Manager. As a result of
input from individuals in the focus group, it was clear that the community wanted a place where Black
people could go to work through the challenges they faced and do so with the help of trusted practitioners
in the community who looked like them and understood their cultural dynamics.18
An important fact about TVPI is that while the agency was founded to help meet the needs of the under-
served African American community, we provide services to any individual or family in need.
Additionally, providing services from one’s cultural identity is paramount to the philosophy of the agency
board of directors, staff, founders, and clinicians.
TVPI now offers an array of services to members of the community beyond counseling services. Thanks
to volunteers and generous donations, the organization offers a Cultural Enrichment Program, Young
Ladies of Empowerment Teen Leadership Program, Equine Assisted Therapy Program, and more.
18 https://www.villageprojectinc.org/about
Section: 7 Community Benefits and Investment Plan
Subsection: 7.4 Historic Efforts of the Team
Team: Fresno Cares, Inc. dba Higher Level of Care Page 198 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
Sun Street Centers
Since 1968, Sun Street Centers has been providing the most
comprehensive and effective services for education, prevention and
recovery of alcohol addiction and drug abuse. Relying on a proven
social model developed by its founders, Martin and Nancy Dodd, as
well as the compassion and experience of their staff, they often see
success rates double that of national averages, leading more and more
families to hope, heal, share and thrive with a drug-free and alcohol-
free lifestyle.19
Sun Street Centers has developed and facilitates so many forms and path for people to prevent and/or
recover from drug and alcohol addiction. The services provided by the organization include intense
inpatient treatment and sober living facilities, outpatient counseling and group therapy services for both
patients and families, a program licensed and supported by the State of California Department of Health
Care Services (DHCS) specifically designed to educate and rehabilitate those who have been found to
take the risk of driving under the influence of drugs or alcohol, and community outreach programs and
activities aimed to build awareness and promote action toward resolving community health problems
relating to drug and alcohol abuse.
The Salvation Army
The Salvation Army, an international movement
meant to work together with communities to provide
those in need with basic necessities. When many
thinks of The Salvation Army, they think of disaster
relief, and while that is certainly within the
wheelhouse of what The Salvation Army aims to do, there is much more that if offered by this international
organization. The Salvation Army exists to meet human need wherever, whenever, and however we can.
As everyone in the world has different needs, The Salvation Army creates local teams that will first, assess
the need of the community and work to understand the obstacles, hardships, and challenges native to an
19 https://sunstreetcenters.org/wp-content/uploads/2020/05/2019-Annual-Report-b.pdf
Section: 7 Community Benefits and Investment Plan
Subsection: 7.4 Historic Efforts of the Team
Team: Fresno Cares, Inc. dba Higher Level of Care Page 199 | 200
Application Type: Commercial Cannabis Retail
Address: 4795 N. Blackstone Ave., Fresno, CA 93726
area’s particular population. Once the need(s) are identified, The Salvation Army works to build local
programs designed to offer immediate relied, short term care, and long term growth that best benefits the
community. Finally, they work with volunteers and donors to invest in the community and teach others
how to continually optimize their efficacy via spiritual, physical, and emotional service. It is because of
this, that now The Salvation Army represents more than disaster relief and can assist with almost all issues
that can plague even the strongest of communities.20 These services include:
1. Rescuing Christmas for Children and
Families.
2. LGBTQ Support.
3. Disaster Relief.
4. Homeless Shelters.
5. Food Pantries.
6. Grassroots Services.
7. Life Skills to Escape Poverty.
8. Alcohol and Drug Rehabilitation.
9. Spiritual Healing.
10. Job Training.
11. Summer Camps for Children and Teens.
12. Solutions to Human Trafficking.
13. Veteran Services.
14. Services for the Aging.
15. Help for Domestic Abuse.
Citizens of Sustainable Marina
Citizens of Sustainable Marina is an organization that is
dedicated to the preservation of the community. Members of
the organization, as well as volunteers work to build
community gardens and urban forests, encourage green building practices and new urbanism, waste
reduction, water conservation, environmental education, household and business energy reduction, and
habitat and species protection, and promote carpooling, pedestrian-friendly urban design, city bike paths
and urban parks, and alternate transportation. Citizens of Sustainable Marina supported the signing and
implementation of the Urban Environmental Accords and the US Mayors Climate Protection Agreement,
and all sustainability issues.
As Salvatore holds a deep rooted passion for improving the communities and quality of life of those
around him, he views business opportunities as means to reinvest in local communities. Below, the
Higher Level team is providing evidence of Salvatore’s generosity through copies of previous donation
receipts. These receipts are only a sampling and date back beyond 2019 showing that Salvatore has a
long history of supporting his community. The community of Fresno could expect that he will bring this
standard with him if he and his team were granted the privilege of earning a Commercial Cannabis
Retail Storefront Permit in Fresno.
20 https://www.salvationarmyusa.org/usn/home/#whatwedo
UPLOADED VIA CITY OF FRESNO PORTAL
City of Fresno Cannabis Permitting Portal
c/o Commercial Cannabis Business Permit
https://fresnoca.viewpointcloud.com/
Re: Statement of Compliance that Application is True and Correct
Fresno, California, Municipal Code Art. XXXIII, § 9-3316(d) (2020)
To Whom It May Concern:
I declare under penalty of perjury that the information contained within the foregoing Application
by Fresno Cares, for a commercial cannabis business permit is accurate and true to the best of the
knowledge of its below authorized signatory. ((See Fresno, California, Municipal Code Art.
XXXIII, § 9-3316(d)).
This Statement of Compliance was executed on this 10th day of November 2020.
FRESNO CARES
________________________________________
By: Mr. Wesley Clark
Its: Authorized Representative
Higher Level
wesleyclark@horizoncapital.us
Higher Level d/b/a Fresno Cares
4795 N. Blackstone
Fresno, CA 93726
This Statement does not alter or amend any further requirement for Fresno Cares to provide
occupational safety and health training to employees.
See Business and Professions Code 26051.5(11)(A)
UPLOADED VIA CITY OF FRESNO PORTAL
City of Fresno Cannabis Permitting Portal
c/o Commercial Cannabis Business Permit
https://fresnoca.viewpointcloud.com/
Re: Statement of Compliance with Cal-OSHA Training
Fresno, California, Municipal Code Art. XXXIII, § 9-3316(c) (2020)
To Whom It May Concern:
Please allow this Statement to serve as confirmation that within one year of receiving a commercial
cannabis business permit, Fresno Cares, shall ensure that at a minimum one supervisor and one
employee will have successfully completed a Cal-OSHA 30-hour general industry outreach course
offered by a training provider whom is authorized by an OSHA Training Institute Education
Center to administer such course. ((See Fresno, California, Municipal Code Art. XXXIII, § 9-
3316(c)).
This Statement of Compliance was executed on this 10th day of November 2020.
FRESNO CARES
________________________________________
By: Mr. Wesley Clark
Its: Authorized Representative
Higher Level
wesleyclark@horizoncapital.us
Higher Level d/b/a Fresno Cares
4795 N. Blackstone
Fresno, CA 93726