Parlier City Council
June 15, 2023

NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PARLIER

THE CITY COUNCIL OF THE CITY OF PARLIER
NOTICE IS HEREBY GIVEN, pursuant to Parlier Municipal Code Section 2.04.110 and the incorporated "Roberts Rules of Order" and Government Code §54956, that a special meeting of the City Council of the City of Parlier is hereby called to be held on June 15, 2023, commencing at 6:30 P.M. in the City Council Chambers at 1100 E. Parlier Avenue, Parlier, CA 93648 for the purpose of discussing the following matter:

CONSENT
SUBJECT: Consider approval of the final map of Tract No. 6433 RECOMMENDATION: City Council to consider Resolution No. 2023-25, approving a subdivision agreement and the final map of Tract No. 6433.

REGULAR BUSINESS:

SUBJECT: Adopt Resolution 2023-26 Adopting a List of Projects for Fiscal Year 23/24 Funded by SB 1: The Road Repair and Accountability Act of 2017.

RECOMMENDATION: Staff recommends Council to consider adopting Resolution No. 2023-26 Adopting a List of Projects for Fiscal Year 23/24 Funded by SB 1: The Road Repair and Accountability Act of 2017
SUBJECT: Consider approval of a cannabis regulatory permit for Element 7 Parlier LLC PUBLIC HEARING: a. Mayor Beltran to open Public Hearing b. Public input/testimony for or against.

C. Mayor Beltran to close Public Hearing
RECOMMENDATION: City Council to consider Resolution No. 2023-27, finding the project exempt from CEQA and approving the regulatory permit.

CLOSED SESSION:

1. Government Code Section 54957

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
All Positions
No other business shall be discussed or conducted at the Special Meeting. The public will be provided with an opportunity to comment on the item on the special agenda. This call of a special meeting is by majority of the City Council as follows:

Dated: (e-14- - 2023
Catherine "Kathy" Solorio, Council Member
_ 2023
Juanita Molina, Council Member
Datedr ener , 2023
By:

Signature
By: Dabruna Rodriquez
Print Name and Title

OF PARLIE CITY COUNCIL OF PARLIER

SPECIAL MEETING
This meeting of the City of Parlier City Council is live streamed and may be accessed at https://www.youtube.com/channel/UC/s3y/cM9NWQGLdwpBCmoAQ You may participate by Zoom at the link below:
https://us06web.zoom.us/j/82181529229?pwd=YkFNNDFScEZmNFIOUTIhY3BiOGNnZz09 Passcode: 369105
DATE: THURSDAY, JUNE 15, 2023
TIME: 6:30 PM
PLACE: Parlier City Hall
1100 E. Parlier Avenue
Parlier, CA 93648
Councilman Garza will participate from Teleconference location:
12821 E. Stockton Blvd., Galt, CA. 95632
CALL TO ORDER/WELCOME:

Roll Call: Mayor Alma M. Beltran, Mayor Pro tem Sabrina Rodriguez, Council woman Juanita "Janie" Molina, Councilman Diego Garza, Council woman Cathryn "Kathy" Solorio, City Clerk Dorothy Garza and Treasurer Michelle Lopez.

FLAG SALUTE: Mayor Alma M. Beltran
CONSENT:

SUBJECT: Consider approval of the final map of Tract No. 6433.

RECOMMENDATION: City Council to consider Resolution No. 2023-25, approving a subdivision agreement and the final map of Tract No. 6433.

REGULAR BUSINESS:

SUBJECT: Adopt Resolution No. 2023-26 Adopting a List of Projects for Fiscal Year 23/24 Funded by SB1: The Road Repair and Accountability Act of 2017.

RECOMMENDATION: Staff recommends Council to consider adopting Resolution No. 223-26 Adopting a List of Projects for Fiscal Year 23/24 Funded by SB1: The Road Repair and Accountability Act of 2017.

SUBJECT: Consider approval of a cannabis regulatory permit for Element 7 Parlier LLC PUBLIC HEARING: a. Mayor Beltran to open Public Hearing b. Public input/testimony for or against
c. Mayor Beltran to close Public Hearing
RECOMMENDATION: City Council to consider Resolution No. 2023-27, finding the project exempt from CEQA and approving the regulatory permit.

PUBLIC COMMENT ON CLOSED SESSION

THIS PORTION OF THE MEETING IS RESERVED FOR PERSONS DESIRING TO ADDRESS THE COUNCIL ON AN ITEM WHICH IS TO BE CONSIDERED DURING CLOSED SESSION. SPEAKERS SHALL LIMIT THEIR COMMENTS TO THREE (3) MINUTES.

CLOSED SESSION:

1. Government Code Section 54957

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
All Positions

ADJOURNMENT

ADA NOTICE
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 646-3545 ext. 227. Notification 48 hours prior to the meeting will enable the city to make arrangements to ensure accessibility to this meeting.

DOCUMENTS
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall located at 1100 East Parlier Avenue, Parlier, CA during normal business hours. In addition, most documents are posted on the City's website at www.parlier.ca.us OF AGENDA ITEM:

PARLIE,
MEETING DATE: June 15, 2023
DEPARTMENT: Community Development -
Planning

REPORT TO CITY COUNCIL
SUBJECT:

City Council to consider approval of the final map of Tract No. 6433 and authorizing a subdivision improvement agreement with Adobe West, Inc.

RECOMMENDATION:

Staff recommends that the City Council adopts Resolution No. 2023-XX, approving the final map of Tract No. 6433, accepting all rights-of-way and other public dedications indicated thereon, and approving the subdivision agreement, development impact fees, and security amounts.

BACKGROUND:

The City Council approved Vesting Tentative Map (VT) No. 6356 on August 19, 2021.

The project comprises approximately 60.00 acres subdivided into 311 single-family lots with a minimum size of 5,000 square feet. The property is located at the southwest corner of S. Mendocino Avenue and E. South Avenue.

Tentative maps have an initial life of 24 months, so VTM No. 6356 was valid through August 19, 2023 upon its approval (see below for additional information about expiration).

Prior to expiration of a tentative map, a final map may be filed, approved, and recorded consistent with the provisions of the approved tentative map. The subdivider has previously filed a final map of Tract No. 6356; that map recorded on September 16, 2022.

With the filing of that map, which was responsible for financing or installing substantial offsite infrastructure, the tentative map received a 48-month extension through August 19, 2027. The subdivider has now filed a second final map, Tract No. 6433.

PROPOSAL, DISCUSSION, & ANALYSIS:

Pursuant to Government Code (GC) Section 66454.1, the subdivider, Adobe West, Inc. has submitted a final map (Tract No. 6433) covering approximately 5.23 acres of the approved 60.00-acre tentative map. The final map includes 30 single-family lots and accounts for installation of local streets, curb, gutter, sidewalk, streetlights, and underground utilities.

To account for the improvements that have yet to be completed, the City has prepared a subdivision agreement dictating timelines for installation of the required infrastructure, providing for payment of development impact fees, and establishing the required security to ensure timely completion of the project.

Government Code Section 66452.6(a) provides that if a subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map (annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board), each filing of a final map shall extend the expiration of the approved tentative map by 48 months. This phased final map does not meet the offsite improvement threshold to qualify for an additional automatic extension.

The project will install enhanced open space with a value greater than its expected City Parks Impact Fee and is therefore not responsible for payment of that fee. Similarly, the project is subject to the standalone Tract 5607 Storm Drain Reimbursement Agreement, and therefore will not pay the standard City Storm Drainage Impact Fee.

Environmental
Approval of a final map is ministerial in nature, meaning that it does not involve exercise of discretion or judgment during consideration. The Council is required to approve the final map if it substantially conforms to the approved tentative map and is required to deny the final map if it does not substantially conform (Government Code (GC) Section 66474.1). Ministerial projects, expressly including approval of final maps, are exempt from environmental review under the California Environmental Quality Act (CEQA Guidelines Section 15268(b)(3)).

Public Notice
No public notice is required for approval of a final map.

Findings
The City Engineer has reviewed the final map and improvement plans, and makes the following determinations:

1. He has reviewed the map.

2. The subdivision as shown is substantially the same as it appeared on the tentative

3. The subdivider has complied with all provisions of Chapter 2 of the Subdivision Map Act (commencing with GC Section 66425) and all local ordinances in effect at the time of tentative map approval.

4. He is satisfied that the map is technically correct.

FISCAL IMPACT:

Any costs associated with review, processing, and recordation of the final map are pass- through costs that are paid by the project proponent. Development impact fees, discussed above and less any amount credited for offsite construction, would be collected to fund City capital improvements.

Prepared by: Approved by:

If Olal
Jeffrey O'Neal, AICP
City Planner
Attachments:
• Resolution No. 2023-XX
• Subdivision Agreement
TYPE OF ITEM: COUNCIL ACTION: • APPROVED • DENIED • NO ACTION Consent Public Hearing
_Info Item Matter Initiated by a Council Member
Action Item Other
Department Report Continued to:

Redevelopment Agency
RESOLUTION 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER APPROVING THE FINAL MAP OF TRACT NO. 6433, ACCEPTING ALL DEDICATIONS INDICATED THEREON, AND ENTERING INTO A SUBDIVISION AGREEMENT THEREFOR.

WHEREAS, Adobe West, Inc., a California Corporation (Owner), has applied for approval of a final map designated as Tract No. 6433 (Map); and
WHEREAS, the Map comprises a 30-lot final map prepared pursuant to approved Vesting Tentative Map No. 6356, said Vesting Tentative Map valid as of the time of filing of the final map; and
WHEREAS, the property to be subdivided lies entirely within the corporate boundary of the City of Parlier; and
WHEREAS, all of the certificates that appear on the Map, excepting the approval certificate of the City Clerk and the recording certificate of the Fresno County Recorder, have been signed and acknowledged; and
WHEREAS, the Map conforms to all of the requirements of the Subdivision Map Act of the State of California (Govt. Code Section 66410, et seq.), and all City of Parlier ordinances, resolutions, and standards in effect at the time of tentative map acceptance, excepting that Government Code Sections 66492 and 66493 may not be fully complied with at the time of passage of this resolution, the owner to file with the Clerk of the Board of Supervisors of Fresno County a Tax Compliance Certificate Request along with copies of the final map considered herein by the City Council; and
WHEREAS, the Owner, whose signature appears on the Map, has offered for dedication certain streets, public utility easements, access rights, and other public properties and uses as shown and delineated on said map; and
WHEREAS, the Owner has caused to be prepared Plans, Specifications, and Detail Documents (Plans) illustrating consistent with the City of Parlier Standard Specifications and Standard Drawings and other specifications and standards as required the type, location, and extent of public improvements to be installed within and without the boundary of the Map; and WHEREAS, the City Engineer has reviewed said Plans and has deemed that they accurately depict the requirements of said Standard Specifications, Standard Drawings, and other specifications and standards; and
WHEREAS, at the time of approval of the Map, certain of said public improvements have not been completed or accepted pursuant to the requirements of Title 16 of the Parlier Municipal Code and as a result the Owner shall be required to enter into a subdivision agreement detailing the timing of improvements, payment of fees, and bonds to be acquired to ensure timely and proper installation of said improvements; and WHEREAS, approval of a final map is considered to be ministerial in nature, and is therefore exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15268(b)(3); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Parlier that he final map of Tract No. 6433, as incorporated herein as Exhibit A hereto, substantiall onforms to approved Vesting Tentative Map No. 6356 and is hereby approves BE IT FURTHER RESOLVED by the City Council of the City of Parlier that the Mayor of the City is hereby authorized to sign the subdivision agreement on behalf of the City of Parlier, said subdivision agreement incorporated herein by reference. *******************
ho for going is lion a its, 20rd and adold at special meeting of the City Council of AYES:

NOES:

ABSENT:

ABSTAIN:

Dorothy Garza, City Clerk Hon. Alma Beltran, Mayor
Exhibit "A", Page 1
FINAL MAP OF TRACT NO. 6433 SURVEYOR'S STATEMENT

OWNER'S STATEMENT
OF VESTING TENTATIVE MAP NO. 63SG

CONGEE OF A MEETE
IN THE

CITY OF PARLIER

FRESNO COUNTY, CALIFORNIA
SURVEYED AND PLATTED IN FEBRUARY, 2023
REMAND C SACP 412, PLS 628

NOTARY ACKNOWLEDGEMENTS

CITY ENGINEER'S STATEMENT

BAY OF THERE
ADOBE WEST, INC.

VICINITY MAP NOT TO SCALE.

TON ONE REAPE COME LIES OF THE PLATE DO GALTOREA PRAT
MINESS SET MIAO, BATE"

POT NEVE
MY COMMESON ERMAN. COUNTY OF L

OUTH ACADENY AVENUE AUTOCCINO AVENUE

CITY LAND SURVEYOR'S STATEMENT

RIGHT-TO-FARM STATEMENT
BATT

CAST PARLICO AVENUE

LEGAL DESCRIPTION

CITY CLERK'S STATEMENT

SOILS REPORT

RECORDER'S CERTIFICATE

THIS LAND IS SUBJECT TO THE FOLLOWING
PREO THS.

NO SET ARENT ACCORDED RAVENSE 9, 1009, UNSET RECORDERS SERIA.

SUBDIVISION AGREEMENT PASS COURT CORiCe

IS CON D THE TRAY I ARE BE AN AGREEMENT BITH THE GOTT OP MAMER DIAL TEAS YEND COATY 2020 es DecRee NO 1081
Attachment "A", Page 2
MAP OF
NOTTI QUARTER COSE R SE MA. / TRACT NO. 6433
EAST SOUTH AVENE 243,218 SHEET TRO OF THREE SHEETS
IN THE
SCALE, 1*- 200° CITY OF PARLIER

FRESNO COUNTY, CALIFORNIA

SURVEYED AND PLATTED
IN FEBRUARY, 2023

BASIS OF BEARINGS BEDROCK BE

MONUMENT NOTES CONG AS NUTE OF CAC LEGEND

SOUTH ADADEMY AVERE
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JASMBNE AVEME LAOSCAPE BASEVENT NOW OPFERED FOR DEDICATION

CA NOCATES CARTE CATA - DEX CURVE CATA TABLE

MICATES LAE DATA - SUE LAN DAYA TAME
* NEATES COME RAREL DATA - TOX MOLL CATA

ORPE OFFICIL MIGOROS PRESNO COUNTT
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REFERENCES SECTION LAE
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NOTES
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Attachment "A", Page 3
MAP OF
LINE DATA TABLE TRACT NO. 6433

CURVE DATA TABLE RADIAL TABLE
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41329007 IN THE

CITY OF PARLIER

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SURVEYED AND PLATTED
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SUBDIVISION AGREEMENT
TRACT No. 6433

CITY OF PARLIER

FRESNO COUNTY, CALIFORNIA
THIS AGREEMENT is made this _day of.
the City of Parlier, a Municipal Corporation (herein "City"), and Adobe West, Inc., a California Corporation (herein "Owner"), the owner of record, without regard for number or gender.

RECITALS
A. Owner has filed with the City a Final Map proposing the subdivision of land owned by Owner, and referred to as Tract No. 6433, situated in the City of Parlier, along with certain Plans, Specifications, and Detail Documents. Upon requesting approval by the City, Owner shall deliver all required documents and pay all fees required under the Parlier Municipal Code, and this Agreement.

B. City requires as a condition precedent to the acceptance and approval of the Final Map the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Map and deems the same as necessary for the public use, and also requires any and all streets delineated and shown on the Final Map shall be improved by the construction and the installation of the improvements hereinafter specified.

C. Section 16.10.050 of the Parlier Municipal Code requires the Owner to enter into work and matters required as Conditions of Approval for Vesting Tentative Tract "Conditions of Approval", within the time hereinafter specified.

D. Owner desires to construct the improvements and develop the Subject Property.

E. Owner hereby warrants that any and all parties having record title interest in the Final Map which could ripen into a fee have subordinated to this instrument and all such instruments of subordination, if any, are attached hereto and made a part hereof.

AGREEMENT
In consideration of approval by the City of the Final Map of Tract No. 6433 for filing and recording as provided and required by law, it is mutually agreed and understood by and between Owner and City as follows:

1. Owner shall perform the onsite and offsite work and improvements hereinafter specified to the satisfaction of the City Engineer. Owner understands and agrees that the following schedule of work is intended to provide a guideline as to diligent prosecution of the work under this agreement.
1 In any event, the Owner agrees to furnish and install the following and agrees to complete all improvements hereinafter specified to the satisfaction of the City Building Official and the City Engineer within a period not to exceed eighteen (18) months.

The Owner agrees to construct all improvements per the drawings and specifications on file with the City and the time allotted per the following schedule:

Date of
Completion
Onsite and Offsite Grading 12-1-2024
Water Facilities 12-1-2024
Sewer Facilities 12-1-2024
Storm Drainage Facilities 12-1-2024
Gas, Electrical, and Telephone Facilities 12-1-2024
Street Improvements including Sidewalks 12-1-2024
Streetlights and Signage 12-1-2024
The preceding schedule notwithstanding, Owner may elect to postpone installation of publicly-maintained landscaped areas, including fencing and walls appurtenant thereto, until such time as building permits are acquired for the homes on lots directly abutting the relevant portions of said landscaping.

If the construction of the improvements shall be delayed without the fault of Owner, the time for completion thereof may be extended by the City Council for such period as the City Council may deem reasonable.

Building permits for homes within the Division may be issued once the water system has been installed, tested and accepted by City, and fire protection is available to the lots within the Division. However, all construction covered by this agreement shall be completed prior to issuance of any Certificates of Occupancy for dwellings within the Division. No model home certificates of occupancy will be allowed. Certificates of Occupancy may be issued by the Building Official at his discretion upon completion of all improvements and all building construction in accordance with applicable codes, standards and this Agreement

2. Wherever used in this agreement, the following words and phrases shall have the meaning herein given, unless the context requires a different meaning:
a. "Engineer" shall mean the City Engineer of the City of Parlier, or duly authorized representative.
"Inspector" shall mean the City Engineer, and/or the City Building Official, Building Inspector, Public Works Director, and/or Public Utilities Director of the City of Parlier.
"Standard Specifications" shall mean the Standard Specifications of the City of Parlier, as amended; and State Standard Specifications, current revision, as applicable, including attached details and amendments thereto. 2 d. "Division" shall mean and include the real property shown and described on the final map of Tract No. 6433, including street areas of adjacent existing public streets to the centerlines thereof.

3. All of the work and improvements and materials shall be performed, installed, and provided in strict accordance with the Standard Specifications, and all applicable Building Codes incorporated herein as though set forth in full. All said work and improvements shall also comply with the requirements of the City of Parlier Municipal Code. All of said work and improvements and materials shall be done, performed, and installed under the supervision of the Engineer and the Building Official of the City of Parlier, under whose directions the work shall be inspected as it progresses.

Notwithstanding the fact the Owner's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval of the City hereof shall in no way relieve Owner of satisfactorily performing said work or Owner's obligations hereunder.

4. Owner agrees to perform and construct all work and improvements shown on the approved Plans on file with the Building Official of the City of Parlier,

5. Owner and City hereby agree that Owner is obligated to pay those fees and charges as set forth on Exhibit "A", attached hereto and incorporated herein by reference. Said fees and charges are due and payable upon approval of the Agreement by the City, unless agreed otherwise. City fees shall be collected per City regulations, or upon issuance of individual occupancy permits for residences within the tract as agreed between Owner and City in accordance with applicable City ordinances and regulations.

6. Neither City nor any of its officers or agents shall be liable to Owner or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract.

7. City shall not be liable to Owner or to other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this agreement, or any part thereof.

8. Owner hereby releases and agrees to indemnify and hold harmless City and its officers, agents, and employees from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever, the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or non- performance of any or all work to be done in and upon the public street rights- of-way and upon the premises adjacent thereto pursuant to this agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Owner, the Owner's agents, employees, and subcontractors, while engaged in the performance of said work. 3 Prior to the commencement of any work pursuant to this contract, Owner's contractors shall furnish to City satisfactory evidence of insurance policies written upon forms and by companies which meet with the approval of the City, insuring City and its respective officers, agents, and employees against loss or liability which may arise during the work of which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. The minimum limits of such policy shall be in the amount of:
a. Comprehensive Liability (including operations, products and completed operations.) $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Auto Liability: $1,000,000 per accident for bodily injury and property damage.
imits as required by the Labor Code of the state of Calitornia and emplover:

Liability limits of $1,000,000 per accident.

Said policy or policies shall include coverage for underground explosion and collapse. Said policy shall be in favor of Owner or Owner's contractors and of the City, A&M Consulting Engineers, Inc. (City Engineer), and their respective officers, agents, and employees and shall be maintained in full force and effect during the life of this agreement. Said policy shall state by its terms and by an endorsement that said policy shall not be cancelled until City shall have had at least 30 days' notice in writing of such cancellation. The Owner shall furnish the City with a copy of any and all insurance policies, along with a declarations page for each, adding the above-named entities as additional insured.

9. Upon completion of the improvements agreed to herein, Owner shall file a Notice of Completion of the improvements herein specified pursuant to Government Code Section 66499(b). This instrument shall be recorded and indexed in the Grantor Index to the names of all record owners of the property and in the Grantee Index to the City.

10. At the time Plans, Specifications, and Detail Documents for offsite and onsite improvements are approved, Owner shall submit the final documents and shall furnish to the City in a form acceptable to the City Attorney the following:
a. total estimated unity i treate fateful peonade of lo or ad total estimated cost for the
improvements required by this agreement;
b. Improvement security in the amount of fifty percent (50%) of the estimated cost of all required work to secure payment to the Contractor, his or her subcontractors, and to persons renting equipment or furnishing labor or materials for such improvements.
4 c. Improvement security to secure the maintenance of the improvements for a period ot one (1) year atter the completion and acceptance thereot against any defective work or labor done, or defective materials furnished, in the performance of the agreement with the City or the performance of the act. Said security shall not exceed an amount equal to twenty-five percent (25%) of the estimated cost of furnishing and installing said facilities. This security shall be in addition to any warranty required of the manufacturer.
d. Security in the amount equal to the estimated cost of placing all monuments and lot corners not set at the time the Final Map is recorded, as specified by the Subdivision Ordinance.
e. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's and administration fees, incurred by the local agency in successfully enforcing the obligation secured.
f. Security in the estimated amount of taxes and special assessments collected as taxes which are a lien but which are not as yet payable as referred to in Government Code Section 66493, or satisfactory evidence in the form of a written receipt of prepayment of said taxes and special assessments as described herein at the time of recordation of the Final Map.

11. Owner and Owner's contractors and subcontractors shall pay for any materials, provisions and other supplies or terms used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with City pursuant to Section 3800 of the Labor Code a Certificate of Worker's Compensation and shall maintain a valid policy of Worker's Compensation Insurance for the duration for the period of construction.

12. Compaction soil tests and retests shall be paid for by Owner. Street and onsite utility trench tests shall be taken in varying locations and depths as required anc directed by the Engineer.

13. Owner shall comply with Street, Plumbing, Electrical, and Zoning Codes and any other Codes of the City, and Owner shall secure an Encroachment Permit before working within any City of Parlier public right-of-way.

14. Owner shall coordinate all work done by Owner's contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placec in the position of making decisions that are the responsibility of Owner. It shall further be the responsibility of Owner to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of Owner to timely notify the City Engineer may cause delay for which Owner shall be solely responsible. 5 Whenever Owner varies the period during which work is carried on each day, Owner shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to exposure, inspection, and potential rejection.

Inspection of the work shall not relieve Owner of any of Owner's obligations to fulfill the Agreement as prescribed. Defective work shall be made good by Owner and unsuitable materials will be rejected when discovered, notwithstanding the fact that such defective work and unsuitable materials may have been previously overlooked by the City Engineer, Inspector and/or Building Official and accepted.

15. Any damage to the Public Water, Sewer, or Stormwater Systems, concrete work, or street paving that occurs after installation and prior to final acceptance shall be made good to the satisfaction of the City Engineer by Owner before release of bonds and final acceptance of completed work.

16. Adequate dust and mud control shall be maintained by Owner on all onsite and offsite work required to be done under this agreement from the time work is first commenced in the development until the paving is completed. "Adequate dust control" as used herein shall mean the sprinkling with water and/or the laying of a coat of dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment.

Whenever in the opinion of the City Engineer adequate dust control is not being maintained as required by this paragraph and the requirements of the SJVAPCD, the City Engineer shall give notice to Owner to comply with the provisions of the paragraph forthwith. Such notice may be personally served upon Owner or, if behalf of Owner, or a superintendent or foreman of Owner or Owner's subcontractor at the subdivision or, at the election of the City Engineer, such notice may be mailed to Owner or Owner's address on file with the City Engineer.

If within twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided Owner shall not have commenced to maintain adequate dust control or shall at any time hereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such work to be completed by City forces or by others, as he may deem advisable to eliminate the scattering of dust. Owner agrees to pay to City forthwith, upon receipt of billing therefore, the entire cost to City of such work. When the surfacing on any existing street area is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations.

17. Owner shall perform all work within the public rights-of-way and install all street improvements in accordance with Title 16, Chapter 16.08 of the Municipal Code of the City of Parlier, the City of Parlier Standard Specifications, and the State of California Department of Transportation Standard Specifications, current edition, and the approved construction plans.
6 18. Concrete curbs and gutters, the sanitary sewer system, water system, storm drainage pipeline and structures, together with water mains, gas mains, and their respective service connections, shall be completed and accepted by the City Engineer before finish pavement improvements are started.

19. Time is of the essence of this agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.

20. No assignment of this agreement nor of any duly or obligation of performance hereunder shall be made in whole or in part by Ówner without the prior written consent of City.

21. This a a panort is agres the following Exhibits that are included herewith and a. Exhibit A — Fees and Security Requirements
b. Exhibit B — Security
c. Exhibit C — Resolution and Conditions of Approval, Vesting Tentative Map No. 6356
d. Exhibit D - Final Map, Tract No. 6433

22. In the event it becomes necessary for either party to bring an action with respect to enforcement of the provisions of this agreement, or the security herewith, the prevailing party in such action shall be awarded reasonable attorney's fees and court costs as may be determined by the court.

23. Owner agrees to defend, indemnify, and hold harmless the City, and its respective agents, officers, and employees from any claim, action, or approval of the City or Fresno County concerning action brought within the time agrees to cooperate fully in the defense.

24. In the event an extension is granted to the time within which all work is to be completed, the Owner agrees that it will comply with all the applicable improvement standards in effect at the time the extension is granted.

25. It is agreed that all conditions of approval shall apply to and be included in this Agreement.

26. The City Engineer is assumed to be a just arbitrator between City, Owner, and the Contractor, and the entire work is under his jurisdiction to such end.

It is his function to interpret the drawings and specifications and pass judgment upon merits of materials and workmanship.

27. The Owner agrees to obtain a City of Parlier Business License for the General Contractor and for each of the Sub-Contractors performing construction work on the improvements.
7 28. Pursuant to Government Code Section 66462 and Parlier Municipal Code Section 16.10.050, the undersigned hereby certify and acknowledge that the construction of improvements identified herein shall be completed on or before December 1, 2024 or any approved extension thereof.

29. The Owner acknowledges that the City has formed a lighting and landscaping maintenance district (the "LLMD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act") to finance all or a portion of the cost of maintaining major street landscaping and street lights, as well any other services determined by the City which are allowed to be financed pursuant to the Act, that are in addition to those provided in the territory within the LLMD prior to the formation of the LLMD and do not supplant services already available within the territory proposed to be included in the LLMD and to levy a special tax to pay for such services. The Owner agrees to include ract No. 6433 in the LLMD or annex Tract No. 6433 into the LLMD, and the Owner shall In the event the Owner does not cooperate with the City and Tract No. 6433 is not the City's general fund in providing funds to finance the services described above. (Signatures on Following Page)
8 The parties have executed this agreement on the day and year first above written.

OWNER: ADOBE WEST, INC., a California Corporation:

Michael J. Schafer, President
(acknowledgement attached)
CITY: CITY OF PARLIER, a Municipal Corporation
Hon. Alma Beltran, Mayor
(acknowledgement attached)
ATTEST:

Dorothy Garza, City Clerk
APPROVED AS TO FORM:

Neal E. Costanzo, City Attorney
EXHIBIT "A"

DEVELOPMENT FEES AND BOND REQUIREMENTS
(Fees based upon 2014 City of Parlier Development Impact Fee Schedule for Low Density Development)
Fees are calculated based on the area of single-family development within Tract No. 0433. Future development of the remaining area of the project site will pay applicable fees at the time that development occurs. Fees 1 through 9 are due and payable per unit at the time the Occupancy Permit is issued. Due to rounding, various fee calculations may not add up.

1. City Management & General Services
$319.53 per acre x 5.23 acres $1,671.14
($55.70 per unit for Tract No. 6433 only)

2. Public Safety
$319.53 per acre x 5.23 acres $1,671.14
($55.70 per unit for Tract No. 6433 only)

3. S2,59 7 Per acre x 5.23 acres $0.00'

4. Wastewater Treatment
$1,834.11 per unit x 30 units $55,023.30

5. Domestic Water
$2,156.84 per unit x 30 units $64,705.20

6. Fire Flow
$1,078.40 per unit x 30 units $32,352.00

7. City Parks
$559.18 per unit x 30 units $0.002
Water Hook-up
$400.19 per unit x 30 units $12,005.70

9. Sewer Hook-up
$615.65 per unit x 30 units $18,469.50

10. Storm Drain Improvement Benefit Charge
Per Tract 5607 Reimbursement Agreement
$28,137.74 ("Parcel 3" obligation) × 0.13083 $3,680.42
($122.68 per unit for Tract No. 6433 only)

11. Sewer Interceptor Benefit Charge
Per 2009 Zone of Benefit Study
$155,922.60 ("Parcel 3" obligation) × 0.13082 $20,394.68 ($679.82 per unit for Tract No. 6433 only)
TOTAL DEVELOPMENT IMPACT FEES $209,973.08
2 VTM No. 6356 is conditioned to install public open space with costs exceeding the value of the City Parks Fee. 3 The final map of Tract No. 6433 occupies 5.23 acres (13.08%) of the 40.00-acre parcel of land identified as "Parcel 3" in both the Tract 5607 Storm Drain Reimbursement Agreement and the Tract 5615 Sewer Interceptor Zone o:

Benefit Study. Accordingly, Tract No. 6433 is responsible for payment of 13.08% of the obligation for Parcel pursuant to both of those reimbursement documents.
10 12. Other (due upon approval of agreement and before construction) (a) Deposit estimated plan check fees $10,000.00
(Owner will be required to pay any cost that exceeds the deposited amount shown)
(b) Deposit estimated inspection fees $35,000.00
(Owner will be required to pay any cost that exceeds the deposited amount shown)
(c) Performance bond, lien, cash deposit, $405,205.00
approved by the City Attorney
(d) Labor and material bond, lien, cash deposit $202,602.50 approved by City Attorney
(e) Warranty security bond to guarantee work against $101,301.25 defects in materials or labor for a period of one (1)
year following acceptance of improvements
(f) A surety bond approved by the City Attorney to $5,000.00 guarantee payment for placing street monuments and lot corners (g) A cash security in the amount of taxes which are a lien but are not yet payable, or evidence of taxes paid (for maps filed for recordation in November or December). Amount to be determined by Fresno County Auditor.
11 EXHIBIT "B"

SECURITY
Subdivider/Owner shall provide City with a Bond or Bonds, reflecting the amounts set forth in items 10(b) through and including 10(e) of Exhibit "A".

In lieu of Subdivider/Owner's providing bonds or other form of improvement security, Subdivider/Owner may elect to provide City with a letter from an acceptable financial institution reflecting the amounts set forth in Exhibit "A" and terms of disbursement substantially in accordance with the following terms:

1. Subdivider/Owner shall deposit said funds in an interest bearing account with funds readily available in an acceptable bank with all interest earned to remain the property of the Subdivider/Owner.

2. Funds are to be used for payment of the off-site improvements as shown on the approved plans.

3. Progress payment requests will be reviewed and approved by the Engineer.

4. Disbursement of funds will require signatures of both the City Clerk and the City Manager.

5. All remaining funds and interest in the account shall be immediately released to the Subdivider/Owner upon completion of the work and final acceptance by the City of Parlier.

All other fees and expenses identified in Exhibit "A" shall be due and payable in accordance with the terms set out therein.
12 EXHIBIT "C"

CONDITIONS OF APPROVAL
Reference City of Parlier City Council Resolution No. 2021-50, dated August 19, 2021, approving the Vesting Tentative Map of Tract No. 6356 (listed as Exhibit "A") and the Conditions of Approval (listed as Exhibit "B")
13 Exhibit "D"
Final Map
Reference FINAL MAP OF TRACT NO. 6433 as approved by City of Parlier City Council Resolution No. 23-XX, dated XXXXX XX, 2023.

Said final map recorded concurrently herewith, in Fresno County Records. 14 #2
OF PAR AGENDA ITEM:

MEETING DATE: 10|15/23
DEPARTMENT: Administration/Engineering

REPORT TO CITY COUNCIL
SUBJECT: Resolution Adopting a list of projects for Fiscal Year 23/24 funded by SB 1:

The Road Repair and Accountability Act of 2017
RECOMMENDATION: City Council to consider Resolution 2023-26 adopting a List of Projects for Fiscal Year 23/24 Funded by SB 1: The Road Repair and Accountability Act of 2017 BACKGROUND: SB 1 dedicated approximately $1.5 billion per year in new formula revenues apportioned by the State Controller (Controller) to cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

To be eligible to receive funding from the Controller, each year, cities and counties must submit a proposed project list adopted at a regular meeting by their board or council that is then submitted to the California Transportation Commission (Commission). Once reviewed and adopted by the Commission, the list of eligible cities and counties to receive funding is sent to the Controller to begin the apportionment process for that fiscal year.

In an effort to promote accountability and transparency in accordance with SB 1, the proposed project lists submitted by the cities and counties for funding eligibility are published on both this webpage and the Rebuilding California website. SB 1 created new funding that is available to cities and counties for basic road maintenance, rehabilitation, and critical safety projects. As a result of this new revenue, communities can anticipate seeing more potholes filled, pavement repaired, lanes restriped, and crosswalks and sidewalks brought up to code.

Funding from SB 1 will help the City maintain and rehabilitate 10 roads throughout the City by adding crack seal into newly slurried roads, and partially fund the grinding and overlay of Manning Ave this year.

The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project Title: Manning Ave Rehabilitation
Project Description: Manning Ave Rehabilitation project will install medians on Manning Avenue and grind and overlay the existing pavement from Zediker to Academy.

Project Location: On Manning Avenue from Zediker Avenue to Academy Avenue.

Estimated Project Schedule: Start (07/23)- Completion (11/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 45 years
Project Title: Citywide Crack Sealing
Project Description: Crack sealing will be installed in all newly slurried roads to help preserve the road for longer period of time, preventing intrusion of winter storms into the pavement underlay which create future potholes.

Project Location: Citywide within the City of Parlier.

Estimated Project Schedule: Start (08/23)- Completion (08/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 7 years
FISCAL IMPACT: The City will receive an estimated $312,000 in Road Maintenance and Rehabilitation Account funding in Fiscal Year 2023-24 from SB 1.

Prepared by: A&M Consulting Engineers Approved by: Javier Andrade Approved by: Sonia Hall, City Manager
Attachments:
• Resolution
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
-
Info Item Matter Initiated by a Council
Member
Action Item Other
Department Report Continued to:

Redevelopment Agency
RESOLUTION NO.

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 23/24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $312,000 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the sixth year in which the City/County is receiving SB 1 funding and will enable the City/County to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 10 roads throughout the City by adding crack seal into newly slurried roads, and partially fund the grinding and overlay of Manning Ave this year.

WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in an "poor" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a "Good" condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will help us protect our kids walking to school while fixing our roads and quality of life.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Parlier, State of California, as follows:

1. The foregoing recitals are true and correct.

The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project Title: Manning Ave Rehabilitation
Project Description: Manning Ave Rehabilitation project will install medians on Manning avenue and grind and overlay the existing pavement from Zediker to Academy.

Project Location: On Manning Avenue from Zediker Avenue to Academy Avenue.

Estimated Project Schedule: Start (07/23)- Completion (11/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 45 years
Project Title: Citywide Crack Sealing
Project Description: Crack sealing will be installed in all newly slurried roads to help preserve the road for longer period of time, preventing intrusion of winter storms into the pavement underlay which create future potholes.

Project Location: Citywide within the City of Parlier.

Estimated Project Schedule: Start (08/23)- Completion (08/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 7 years
PASSED AND ADOPTED by the City Council of the City of Parlier, State of California this day of - 2023, by the following vote:

OF PAR AGENDA ITEM: #3
MEETING DATE: June 15, 2023
DEPARTMENT: Community Development-
Planning

REPORT TO CITY COUNCIL
SUBJECT:

City Council to consider a cannabis regulatory permit for Element 7 Parlier LLC RECOMMENDATION:

Staff recommends that the City Council considers Resolution No. 2023-XX, making a finding of exemption from the California Environmental Quality Act and approving a Cannabis Regulatory Permit for Element 7 Parlier LLC.

BACKGROUND:

On November 15, 2017, the City Council adopted Ordinance No. 2017-03, the Cannabis Control Ordinance, putting in place the standards by which commercial cannabis operations would be regulated. The City Council has since adopted additional changes to its cannabis control ordinance to authorize delivery and allow for dispensaries. On September 1, 2022, the City Council amended the ordinance to allow for up to two dispensaries within the city limits. It was noted then that the Cannabis Control Ordinance already accommodates dispensaries in the M-1 zone, which allows: "Commercial cannabis activities subject to the provisions of Chapter 18.55." Under the umbrella of "commercial cannabis activities," dispensaries (along with all other permissible cannabis activities) are already allowed in the M-1 zone so long as the Council approves a regulatory permit. The City Council approved a disposition and development agreement with the applicant on November 23, 2022, detailing many of the financial provisions of the operation. The applicant submitted a formal application for a cannabis regulatory permit on April 25, 2023.

Owner:

Applicant: Element 7 Parlier LLC (Robert M. DiVito)
Location: East side of S. Academy Avenue approximately 1,000 feet south of E. Manning Avenue: no address
Portions of APNs 358-390-65 & 66
See attached maps and photo
Site Size: 1.74 acres
M-1, Industrial
General Plan: Light Industrial
Existing Use:

Surrounding Uses: North - Vacant; M-1, C-3
East - Vacant, basin, industrial park; M-1
South - Vacant; M-1
West - Cannabis cultivation; M-1
Street Access: S. Academy Avenue
PROPOSAL & DISCUSSION:

Element 7 has applied for a i regulatory permit authorizing operation of a cannabis dispensary, including delivery,' within a proposed 2,610-square-foot building. The operation would comply with all provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") and City of Parlier Municipal Code Chapter

18.55 (Cannabis Control Ordinance).

The 1.74-acre project site consists of portions of APNs 358-390-65 and 66; the City Engineer's office has approved a lot line adjustment to reconfigure the existing parcel lines to conform to the project site, but as of this writing the applicant has not recorded the necessary deeds to reconfigure the lot lines. The remaining unused area of the adjusted parcels may be used for a future expansion of the commercial cannabis operation. Any such expansion, whether within the project site or outside of it, would be subject to consideration by the City Council at a noticed public hearing.

The facility proposes to operate seven days per week from 8am until 10pm, with staff onsite before and after those hours for maintenance, housekeeping, accounting, etc. The operational statement indicates that between 5 and 7 employees would be working at any given time, including management, inventory, packaging/dispatch, and delivery staff, plus a 24-hour security guard.

The applicant has provided a draft Security Plan (attached), which has been forwarded to the Chief of Police for review. All employees, including corporate or executive employees, will be subject to issuance of a permit from the Chief of Police following his investigation of their credentials and background. Access to buildings will be via electronic access cards with access restricted based upon employee type. Personal access codes will be unique to each user and their use will be audited daily.

No one under the age of 21 will be allowed within the premises. Video monitoring and recording equipment will comply with the provisions of the Cannabis Control Ordinance. upon any failure of the video system, the Facility Security Director will be electronically notified. The security system will include battery backup to support up to a 24-hour loss of power.

SITE PLAN:

The site plan indicates the 2,610-SF structure at the north-central area of the site with parking (43 total spaces) to both the south and west of the building. It shows two drive approaches: one approximately central to the S. Academy Avenue frontage and the other at the south property line. The site plan shows sidewalk, curb, gutter, and landscaping along S. Academy Avenue. However, the proposed site configuration does not accommodate the planned shared drive approach that is intended to straddle the northern property line, nor does it show a northbound deceleration lane for that drive approach or 1 Together, these activities are covered by the Department of Cannabis Control Type 10 Storefront Retailer License.
any points) of connection for utilities. The proposed site layout will need to be reconfigured, including relocation of the proposed building and parking areas, and realignment of the existing curb and gutter to accommodate the deceleration lane.

The project will connect to the City water system via the existing 12-inch main in S.

Academy Avenue. The City is currently designing an extension of the 8-inch sewer line in E. Progress Drive to the north. This project will connect to that extension and will be responsible for payment of a fair share of the cost of the extension. The site will drain to the existing basin in the industrial park to the east; it will be responsible for excavating the basin accordingly and installing conveyance infrastructure. Nuisance water will be retained onsite. No fencing is indicated on the site plan; the conditions of approval include stock language regarding fencing that may be modified to suit the project.

Many of the notes on the site plan refer to other agencies and agency standards and will need to be updated.

ENVIRONMENTAL:

This proposal qualifies as a project under the California Environmental Quality Act (CEQA) because it involves issuance by a public agency to a person of a "lease, permit, license, certificate, or other entitlement for use" as described in CEQA Guidelines Section Because the project consists of a retail operation within a 2,610-SF building, it can be found to be exempt from CEQA under CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures. This exemption can apply to "a store...or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, it not involving the use of significant amounts of hazardous substances where all necessary services and facilities are available and the surrounding area is not environmentally sensitive." Parlier is designated as an urbanized area by the U.S. Census Bureau. Further, in Fairbank v. City of Mill Valley, the First District Court of Appeal established that Section 15303 can apply to one, two, three, or four buildings so long as the combined area of the buildings does not exceed 10,000 SF.

CEQA Guidelines Section 15300.2 contains a series of exceptions to the use of the certain exemptions for a particular project, including an exemption under Section 15303:
a. Location. A project that may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agency. No such resource exists on or near the project site.
b. Cumulative impact. Such exemptions do not apply when there are significant cumulative impacts from successive projects of the same type in the same place over time. There is currently one dispensary operating in Parlier, approximately 1.4 miles to the northeast of the project site. Since the City's ordinance allows a maximum of two dispensaries, there is little likelihood of any significant effect from additional dispensaries.
c. Significant effect. Exemptions do not apply where there is a reasonable possibility that significant effects may arise due to unusual circumstances. Staff is not aware of any unusual circumstances surrounding the site, the proposed use, or any other matter that could result in a significant effect.
d. Scenic Highways. Exemptions cannot be used if a project could damage a scenic highway. The nearest designated and eligible scenic highway segments are approximately 12 miles to the northeast.?
e. Hazardous waste sites. Exemptions do not apply to projects on sites included on any list compiled pursuant to Government Code Section 15300.2. The site is not on any such list.3
f. Historical resources. A project cannot be exempt if it may cause a substantial adverse change to an historical resource. The site has historically been used for agriculture. There are no known resources on the site.

Since the project falls within the criteria of the exemption and does not meet any of the exceptions, the project may be found exempt under CEQA Guidelines Section 15303.

PUBLIC NOTICE:

A notice of public hearing was published in the June 5, 2023 edition of The Business Journal. Notices were also mailed to owners of property within 300 feet of the project site and posted at City Hall and on the City's website.

FISCAL IMPACT:

If the City Council approves the cannabis regulatory permit, it could result in an unspecified amount of additional revenue resulting from the revenue-raising fees associated with the operation of the dispensary. When the site plan is approved, the project will also be responsible for payment development impact fees based on the size of the development area, the size of the building, and the number of employees. As mentioned, the project will pay a fair-share cost of the E. Progress Drive sewer extension.

Prepared by: Approved by:

Qual
Jeffrey O'Neal, AICP
City Planner
Attachments:
• Aerial photo
Proposed Site Plan & Elevations
Security plan
2 California State Scenic Highway System Map (arcgis.com) 3 EnviroStor Database (ca.gov)
• Resolution
TYPE OF ITEM: COUNCIL ACTION: • APPROVED • DENIED • NO ACTION _Consent Public Hearing
Info Item Matter Initiated by a Council Member
_ Action Item Other
Department Report _Continued to:
_Redevelopment Agency

MANNING AVE

PROGRESS DR
358-390-65

ACADEMY AVE
358-390-66

MILTON AVE MENDOCINO AVE

INDUSTRIAL DR
Legend
I Proiect Site
Fresno County Assessor Parcel
150 300 City of Parlier - Element 7 Cannabis Regulatory Permit PROVOST& Feet A portion of APNs 358-390-65 &-66, No Site Address PRITCHARD 6/2/2023 G:\Parlier_City of-2525\2525 Parlier Planning ServicesApplication Files\02525-21-018 - Element 7 Commercal Cannabis Entitlements|GIS\Map\Site_ Noticing.aprx COUNTIL INDUSTMAS.

PARLIER, CA 93648
DESCRAMON SOUTH ACADEMY AVE. EXTERIOR E EVATIONS A31
FOR: BLEMENT 7 DEVELOPMENT

NEW BUILDING DESIGN

KEYED NOTES

DESCRPTION
11 50-0 =23
Project information
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DESCRIPTIÓN
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SAN FRANCISCO, CA 94I04
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NEW BUILDING DESIGN FOR: ELEMENT 7 DEVELOPMENT SOUTH ACADEMY AVE. PARLIER, CA 93648 BERLAN
MAN MA SEg

PROJECT

LOCATION

VICINITY MAP

SITE PLAN
Ai miena
SITE PLAN NOTES A11
ELEMENT 7I SECURITY PLAN

SECURITY PLAN
E
ELEM
Introduction
This plan has been developed by GS Security Services, a licensed security company with expertise in the cannabis industry. The plan has been designed to meet the requirements of the Department of Cannabis Control (CCR Title 16, Division 42, Section 5006) and all requirements set by the City of Parlier.

Element 7 takes a comprehensive approach towards security and site safety for the health, welfare, and safety of our customers, patients, staff, and partners. We deploy four approaches in our plans that prevent the diversion, theft, and loss of cannabis products and currency, as well as deter other related criminal activity that could harm our employees, customers and negatively affect the surrounding communities.

The first and most obvious approach that is deployed is the mechanical approach. This covers security surveillance equipment, lighting, industrial grade doors and locks, perimeter fencing, and a range of other hardware solutions. The technological approach includes all security measures involving tachnology, data and surveillance and alarm systems, such as electronic access systems, secure and permission-authorized POS systems, after-hour security systems, panic, duress and hold-up alarms, web-based access to live security surveillance, cybersecurity measures that include Virtual Private Networks, Malware and Anti-Virus applications, data encryption and cloud-based storage, failure notification systoms, back-up power systems, secure communications, motion and glass break detectors. A dynamic human element is covered in the physical approach which Involves trained and licensed security officers; 24/7 alarm and security surveillance. monitoring, roving inspections, bag inspections, company-issued uniforms and personal item carriers, tiered-authorized access controls and Employee IDs. The fourth and final approach, which is Education based, supports the physical approach by ensuring that employees, security officers, managers and owners are trained and educated in a manner that allows them to maintain the security and safety of the facility, the customers, surrounding communities and themselves.

Employees, security officers, managers and owners will receive comprehensive security training on how to manage hold-ups, burglaries, violence in the workplace, emergency situations such as fires, earthquakes and power outages, bomb threats, active shooters, Milerato inseage is requested to be exempt from disclosure under FOLA berause it contains critical Infrustracture information, highly confidential securtly information and trade secrets.

ELEMENT 7: SECURITY PLAN
FEMA training, OSHA training and how to create and report incidents to management, the Police Chief and the Department.

Bringing the four approaches together to create a dynamic, versatile, and effective security plan also means engaging the services of trained, licensed and experienced professionals to provide the manpower, training, and continued guidance in the implementation and further development of our security plan.

E

1. Security Experlence & Plan Preparation by a Licensed Security Consultant Element 7 has contracted with GS Protective Services, and one of its most experienced security experts, Corey English, to act as an advisor and Chief Security Officer for all Element 7 security matters. Corey provides strategic guldance on risk management, security policies and programs, and oversight on all threat assessment, while working in conjunction with local security hardware installation firms, local guard service providers. In addition, Michael Karam, Element 7's lead security contractor has provided valuable inputs into the plan. Michael has built security systems for Amazon, Loomis, and Element 7 for the past 2 decades. All aspects of this plan have been prepared by licensed professionals and experts.
ecurity management, and the implementation of Element 7 standardized securit rocedures and operations at the Facility will be the responsibility of the Regional Securit Head from Element 7 working in conjunction wịth:

1. Local City law enforcement

2. Local State-Licensed Security firm approved by Local City law enforcement

3. Local Element 7 General Manager who oversees all facility operations

4. Corey English (Chief Security Officer at Element 7) to ensure full compilance with company security policies

5. Michael Karam (lead security contractor)

6. Chief of Compliance
GSG Security Services
Strategic security advisement for Element 7 is provided by GS Security Services, specialized security service company that will provide high-level guidance for Element i security operations across all aspects of the business, working in conjunction with a local State-Licensed Security firm approved by Local City law enforcement.

GSG Security Services
License Number: #16545
Key Contact: Corey English
Corey English, Element. 7's Chief Security Officer, is a 22+ year veteran in the security Industry. He has worked with a variety of companies, ranging from small/local organizations protecting their assets and staff. This has given Corey a unique perspective on how different Chorey is andepend beginity pes es, eagent an has dam else experience leading. organizations through all aspects of security, including cyber, Infrastructure, application, personnel, and network security.

Corey has also worked extensively with the following markets to ensure their security needs are met - colleges and universities, commercial and residential properties, museums, cultural Materiamen is page is requested to be exempt from disclosure ander POLA because it contains critical infrastructure information, hiuhly confidential seenrity informalion and trade scerets.

ELEMENT 7: SECURITY PLAN
centers, data and technology centers, entertainment industry, special events, loss prevention, petrochemical, pharmaceutical, cannabis and alcohol. Corey is very passionate about the security industry and is actively involved with ASIS International and Law Enforcement and Private Security (LEAPS). Corey is also a reserve police officer for the Manzanita Police Department. GSG, of which Corey English is the Vice President for California, was founded in 2000 in Nevada and 2005 in California and has been a trusted leader in the security industry for over 17 years. The business operates in 9 States across the US and brings over 300 years of combined security, law enforcement and military forces experience to Element 7 operation. GSG is a minority and veteran-owned business.

GSG have worked with Michael Karam of Matrixx7 to develop this security program. Michael is a licensed electrician and expert on security hardware installations. As a former Key Account Manager for ADT, Michael has installed security systems for some of Amazon's largest facilities in North America and has worked with Loomis for over 15 years. Michael brings an unmatched level of experience in security hardware installations and systems and is a key member of the Element 7 construction team.

The remainder of this section of the application details how Element 7 will manage security at the site and address all security issues that are relevant to all aspects of the business and operations.

2. Premises Diagram
A copy of the Premises Diagram is included in our packet. All Premises Diagrams are accurate and drawn to scale, with all cameras and other security and safety hardware indicated on the plans.

Description of Cannabis Activities within the Premises Diagram All rooms on the Site and Floor Plans are labeled to clearly indicate what takes place in each room, with rooms including the following:

Secured Lobby: This room acts as a man-trap and lobby for all patients and customers to enter the facility (see image below from Element 7 Fort Bragg). ID cards will be checked here, along with Physician Recommendations if the patient is nedical customer. New customers will be invited to join our mailing lists and rewar programs.

Retail Dispensary: Customers may purchase cannabis in this room up to approved limits. This area also contains a small E7 Learning Center and is the area within the Materia enveliveage is requested to be exempt from disclosure under FOLA because it contains critical infrastructure information, highly confidential security information and trade secrets.

ELEMENT 7: SECURITY PLAN
facility where all transactions take place. This room is monitored by security cameras and will be staffed by Shift Managers and Retail BudTenders.

Secured Storage Room: This is where cannabis products are securely stored after they are cleared from the Quarantine Room and prior to being sold in the Retail Floor room. This room is climate controlled and reinforced with a range of building materials to éliminate forced entry. A GAIACA Bin in this room is used for waste storage (licensed provider). This room is access controlled and heavily restricted for entry and access.

Vault: This room is primarily used to store cash in a vault bolted to the floor. The room requires 3-factor identification clearance (swipe card, pin, and facial recognition). No cannabis is stored in this room.

Data Room: This room is used for all data systems, alarms, controls, cameras, and other sensitive technological installations used at the site. No cannabis is stored in this room.

Quarantine Storage / Intake: This room is used for incoming cannabis deliveries from State Licensed Distributors - product is held here while being checked for testing approvals and COA.

Office: This room is used by the General Manager for administrative functions. No cannabis is stored in this room.

Employee Break Room: This room is used for staff between shifts and during breaks for resting and preparing food and drinks. No cannabis activities permitted.

Restroom: ADA-compliant rest room. No cannabis activities permitted.

E

3. Operational Security Procedures
Security Access Control: General and Visitors
The entire facility consists of limited access areas, which are areas where customers will be allowed under supervision of an employee; and restricted access areas, which are areas that are only accessible to autorized personnel with specific permissions (restricted rooms must be accessed with a RFID card and our HIK camera system has a second verlfication system that ensures only authorized persons access these rooms and do not 'share' cards).

Restricted Access Areas will be identified by signage of no less than 12 inches by 12 inches, indicating: "Do Not Enter - Restricted Access Area - Authorized Personnel Only'". The sign will utllize lettering with a font size no less than 1 Inch in height (as shown above). We define rooms as either Limited Access or Restricted Access:

Limited Access Areas

1. Parking Lot

2. Secured Reception Area / Lobby

3. Retail Sales Floor
Restricted Access Areas

1. Cannabis Secured Product Storage Area (Retail)
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ELEMENT 7: SECURITY PLAN

2. Reinforced Vault (within Main Office) TL-30 safe, DEA-approved for the storage of Schedule | Narcotics and cash (Retail)

3. Main Office and Secondary Offices

4. Cash Registers (Retall POS)
Employee Break Room

6. Employee Restrooms

7. Quarantine Storage Area (Retail Intake Room)

8. Janitor Closet
Employees will be designated a Level of Access based on their job scope, fitle, and responsibilities. They will then be assigned a personalized security pass (with name, photo and Access Level boldly displayed) for movement within the Facility. Every employee will be trained on Element 7's strict "anti-piggybacking" rules and procedures which preverit unauthorized persons accessing areas within the Facility that they are not approved for.

Anybody caught in an Access Level beyond their assigned level will be Immedlately taken to consequences of such security breach. Any serious breaches could result in immediate suspension and up to termination of the employee from the Facility. All security passes given to employees must be returned to the on-site security guard prior to exiting the facility.

Retall Facility Access
The front of the retail facility will have a Lobby which will be manned by a Receptionist and Security Guard during all hours of operation. Receptionists facilitate age and identity verification, as well as new patient and customer intake. All persons must present their ID Card and sign-in to the Facility at this point. Any persons without a valid ID Card will be asked to leave the facility immediately.

The lobby area shall be secured and within view of the receptionist with doors configured for remote release by using a card reader located on the underside of the reception desk. The receptionists) will use this card reader to remotely release the doors as required, allowing entry to visitors, If multiple doors require remote release, each door must have a separate card reader on the underside of the desk, configured for remote door release of the corresponding door. Individual remote door release card readers must be spaced a sufficient distance from one another to prevent accidental release of an unintended door.

Lobby doors and interior doors to secured space and sales space must not suffer unintentional unlocking or alarm shunting due to pedestrian traffic. A request to exit (REX) motion detector will not be utilized to unlock these doors.

Customer accessible limited access areas are controlled via buzz-in features on doors leading into those limited access areas (such doors will have reinforced glass viewing panels). The security officer in the reception area is the authorized agent who will manage access to these areas, via buzz-in door features. Lobby doors shall have an electrified / magnetized locking hardware as per the direction of the Supplemental Security Requirements.

Cannabis or cannabls product will not be stored, kept, or otherwise, accessed from outside the bullding. Loading and unloading of cannabis or cannabis products is allowed during business operating hours only and must be completed at the side of the building. All cannabis present or kept at the premises will be securely stored against both unauthorized access as well as theft.

Material ajs wage is requested to be exempt from disclosure under FOJA because it contatas erlical infrastructure Information highly confdential securily information and trade secrets ELEMENT 7: SECURITY PLAN
Limited Access Areas Pollcies
Element 7 will ensure that any person on the business premises, except for employees and contractors of Element 7 are always escorted by at least one employee of the licensee when In the limited-access areas of the premises.

Element 7 will establish limited-access areas and permit only authorized individuals to enter the limited-access areas. An example of the type of signage used by Element 7 is demonstrated below.

Authorized individuals include employees as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited-access area.

An individual who enters the limited-access areas will be at least 21 years of age.

Element 7 will maintan a log of all authorized individuals who are not employees that enter the limited-access area. These logs will be made avallable to licensing authorities upon request.

Element 7 will not receive consideration or compensation for permitting an individual to enter the limited-access area.

Access Controls
The overall design of the security plan is based on Levels of Access designation, with levels assigned to each person and situation, setting the basis for control and access. This system provides the following benefits:

Assists in outlining access rights to be administered and monitored; When combined with rules and policies it delineates clarity for purposes of compliance and enforcement; and
System allows for training of employees and staff with ease of operation assisting with enforcement.

To ensure that accurate and reliable logs of access to restricted areas are monitored and recorded, the facility will be installed with an electronic access system. This system requires dual factor authentication via Company-issued access cards and facial recognition software.

Passwords are sufficient in maintaining an effective dual factor authentication process but can be easily stolen or retrieved by unauthorized individuals. Facial recognition reduces the chances of replicating an individual's facial features and provides a more robust security measure that is more difficult to circumvent.

Electronic Access Systems record information pertaining to the access of areas controlled by its system (Brivo). This means that we will be able to identify which employees access certain limited and restricted access areas, the time and date they accessed the area and how much time was spent in that particular area. This system complies with current regulatory requirements and ensures accurate and reliable reporting.

Visitor Control
We permit visitors into our facilities on the condition that their visit is pre-approved by the General Manager, Chiefs of Retail, Security or Compliance, or owners. To ensure the security of our facility, our customers and the visitor, we deploy integrated visitor management, that utilizes U.S. Military grade technology. Our Integrated Visitor Management system features:

Real time monitoring and management of audio and video verification systems Managed access control and on-line visitor management
• Visitor Badge Printing
MateriAlissage Is requested to be exempt from disclosure under FOIA because it contains critical introstructure information, highly confidentlal security information and trade secrets.

ELEMENT 7: SECURITY PLAN
On-line visitor reports
Secured 256-bit communication
Single click evacuation list
Barred Visitor Control
Access control integration with security system
Visitor records will be maintained on our secure; cloud-based data storage system, and reports will be generated for the Department at their request.

Visitor Badge Access
In the event Element 7 allows any outside vendor, state inspectors, contractor, or visitor (collectively, "Visitor") to access the facilty, each visitor must have written authorization from a Type I Badge/Cardholder or the appropriate state/local authority prior to entering the facility.
/sitors who have been authorized, in writing, to enter the facility by the appropriat state/local authority must obtain a visitor identification badge from an Element 7 security team member prior to entering the facility. To obtain a visitor ID badge, the visitor must be present and provide a valid proof of identification and state the purpose of the visit. The security guard will maintain a visitor log (mentioned above), which will include the name of the visitor, date, time and purpose of the visit. This log will be available to the BCC, CDPH, CDFA and/or local authorities at all times during operating hours and upon request.

A facility employee will escort and monitor the visitor at all times while the visitor is in the facility. The visitor identification badge will be visible at all times. Element 7 requires visitors to return the identification badge to an Element 7 employee and sign-out at the visitor klosk upon exiting the facility.

Inventory Control
Ensuring that cannabis products are handled and transported throughout the facility in a secure manner facilitates in the prevention of diversion, loss and theft of cannabis products.

This Includes providing secure, sanitary and sufficient product storage, as well as equipment designed to maintain the integrity and security of cannabis products while being transported within the facility.

Authorized employees with access to the secure product storage area will be required to utilize Stash, the accompanying TREEZ Inventory Retall application, which documents the movement of cannabis products throughout the facllity. Company-Issued handheld electronic devices with scanners will be provided to these employees so that reporting in real-time is developed as standard practice.

Cannabis products will be transported throughout the facility using a locked, wheeled, metal repository into which larger volumes of products can be moved through the Facility (and its various levels of security) between the secure product storage area and any other area within the Facility.

These devices ensure that products do not go missing while being transported. Keys for these transportation devices will be issued to specific employees for the duration of the facility's hours of operation and must be surrendered prior to closing.

Product Security
Access to cannabis products within the facility will be limited to employees whose roles require them to transport, manage, handle or inspect cannabis products. Internal policies require that at least two (2) authorized employees are present when cannabis products are being fransported, handled and prepared for release to customers at all times. Employee erichel pascage is requested to be exempt fróm diselosure under FOLA because it contatus crifleal infrastructure loformatior alghly contidental security informalion and trade secrets ELEMENT 7: SECURITY PLAN
break-rooms, restrooms and locker rooms will remain separate, restricted access areas where cannabls products will not be allowed.

Product Security and Handling Best Practices
* Element 7 will limit the access of employees within the business premises to those areas necessary to complete job duties.
• At least two (2) employees will be present whenever cannabis is present or being handled; when possible, one employee will be the supervisor of the other.

Element 7 will not store cannabis outdoors.

Employee break-rooms, changing faclities, and bathrooms will be separated from any and all cannabis storage areas.
• All bathroom facilities will remain locked and under the control of management. • No personal bags, purses, backpacks, or items that can be used to conceal cannabls or cannabis goods will be allowed in any area where cannabis or cannabis goods are present.
• Element 7 will dispose of cannabis waste in a secured waste receptacle or in a secured area on the licensed premises. Public access to the designated receptacle or area is prohibited.
• Element 7 will secure and back up electronic records in a manner that prevents unauthorized access and that ensures the Integrity of the records is maintained.

The Facility will have a strict storage process and policy to prevent the diversion and theft of cannabis. All processed and packaged products will be immediately bar coded and moved to the locked Storage Room that will have four (4) central storage areas - ambient storage room, cola storage room, storage vault, and quarantine room. Access to all rooms will be strictly limited and implemented in line with the Facllity's 'Level of Access' policy, Staff will only be able to access certain areas within the bullding based on their approved security access status.
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Element 7 Secured Inventory Trolley
These trolleys are packed within the dispatch/ packing room with a manifest developed for each trolley. A trolley can only leave the dispatch / packing room once it has been checked Material elvistseage is requested to be exeapt from disclosure under FOLA because it contalns critical infrastructure information, highly confidentlal security Information and trade secrets.

ELEMENT 7: SECURITY PLAN
by the Head of Inventory and locked. Once received at its destination within the Facility (which could be as close as the next room), the contents of the trolley will be emptied and checked against the manifest to ensure 100% accuracy, at which point the products will be logged Into that area of the business within the inventory tracking section within TREEZ.

Inventory Reconciliation
Close attention to Inventory is tantamount to Element 7's successful and compliant operations. As a licensed dispensary, Element 7 will be the last point in the chain-of-custody and must ensure that all inventory is accurately represented and reported, To ensure strict compliance with local and state regulations, Element 7 has developed a comprehensive inventory management plan that consists of the following:

Element 7 will reconcile all the Inventories of cannabis goods at least once every 14 days.

2. It Element 7 finds a discrepancy between the inventory of stock and the inventory log or track and trace system that is outside of normal weight loss caused by moisture loss, Element 7 will commence a full audit of the batch in which the discrepancy was found.

3. Element 7 will notify licensing authorities and local law enforcement within 24 hours of discovery of a significant discrepancy. A significant discrepancy In inventory means a difference in actual inventory compared to records pertaining to inventory of at least $1,000 or 1 percent (1%) of the average monthly sales of the licensee, whichever is less.

Element 7 will notify the licensing authority and local law enforcement within 24 hours of discovery of any of the following situations:
- Element 7 discovers a significant discrepancy in its inventory. - Element 7 becomes aware of or has reason to suspect diversion, theft, loss, or any other criminal activity pertaining to the operations of the licensee. - Element 7 becomes aware of or has reason to suspect diversion, theft, loss, or any other criminal activity by an agent or employee of the licensee pertaining to the operations of the licensee.
- Element 7 becomes aware of or has reason to suspect the loss or unauthorized alteration of records related to cannabis goods, customers, or the licensee's - Element 7 becomes aware of, or has reason to suspect, any other breach of security.

Cash Handling Procedures
Element 7 secured banking relationships with two FDIC Regulated Banks in 2020. Less than 1% of California's cannabis industry has permitted access to FDIC Regulated Banks which we see as a huge competitive advantage - under these relationships Element 7 may bank cannabls cash receipts which would be collected daily by an armored vehicle and deposited directly to the bank.

The centralized management, Counting and Reconciliation of cash handling within Element 7 Is managed through Hyosung Cash Recycler Machines. These machines are Mase me 1s requested to be ay contents scutie tudento and tale ses cried infrastructure information, ELEMENT 7: SECURITY PLAN
widely used in traditional retail (e.g., Starbucks and H&M Clothing) and grocery stores across North America to automate the cash management process.

Element 7 Cash Recycler
At the end of a shift or at any point of the day, the General Manager is able to feed cash bills from dispensary cash sales into the cash machine which then connects to the Treez POS System & Quickbooks. This machine eliminates human handling and counting of cash in- store and is stored in the secure Product Storage Room and bolted into a reinforced concrete slab. Records are matched hourly with the POS receipts to ensure that both systems having matching correct numbers. Alerts are sent to the CEO and CFO if discrepancies are This machine also doubles as highly secured Cash Storage. Internal Company policy has defined register cash limits. Cash limits identify when cash in registers need to be removed and placed in the Hyosung Cash Machine. Register cash limits are set at $1,000.00. Once a register reaches $1,000.00, the General or Assistant Manager perform a cash drop. The Manager will approach the register with a money bag and remove the cash. The cash drop action will be processed through the register and will require the PIN of the manager in order to be performed. Once the process is completed through the register, the cash is placed in the money bag and the till is closed, the Manager will be escorted by security to feed the cash into the Hyosung Cash Machine which will automatically count the cash and report the funds to the TREEZ POS System instantly and the company QuickBooks system which is managed by the CFO. Cash is securely stored in this machine and can only be accessed by a dual-pin which is far more effective than cash storage as accessible bills in a vault. The movement of currency from Retail Floor to the Hyosung Cash Machine are recorded on security surveillance cameras installed throughout the facility. At the close of business day, the General Manager will close the POS System for the day and deposit all remaining cash into the Cash Machine for a final count, reconciliation, and overnight storage.

Customer Transactions
All transactions are conducted as cash sales. Many of our peers in the industry accept credit card sales, have elaborate cryptocurrency cash transaction schemes in place, and others have advised the banks they deal with that the transactions are for an alternate business purpose. Unfortunately, none of these schemes and programs are compliant with Federal banking regulations, and we are forced, as an industry, to rely on cash transactions for now.

All transactions will be managed through an industry-leading streamlined cash management POS software system that allows for:

End-of-shift reporting and cash balancing platform
Materiah bisvRage is requested to be exempt from disclosure under FOLA because it contains critical infrastructure information.

REDEFINING SECURITY highly confidential security information and trade secrets.

ELEMENT 7: SECURITY PLAN
• Inventory control platform
Integrated accounting system to monitor sales and costs Staff management to track employee efficiency and performance Hard copy or paper free receipts
Back-office analytics and reporting
Planning and scheduling
• Full data security (Compliant POS)
Our preferred retail management system is TREEZ - one of the most-used and popular IPad-based POS Systems in the market, which is the first POS system to integrate with METRC. TREEZ is a top-of-the-line compliant management system.

Staff will undergo extensive training on the TREEZ platform before being allowed to handle transactions within the facility. Staff will be required to obtain a PASS score on the TREEZ Training Platform and then twice annually, all staff will be tested to ensure proficiency with the system and the full and latest functionality.

All products will be sold with appropriate exit packaging that is tamper-free, child-proof and does not display the product.

All transactions are also monitored by cameras placed above the cash register so that any discrepancies can be audited in real time (see images below).

POS 3
11-13-2301 sat 20.5
16 Element 7 Cameras Monitor all Transactions within the Retail Store

4. Perimeter Security, Guards, Lighting, and Parking
Perimeter Security
The perimeter of the facility consists of all the outer/exterior areas of the facility on the premises. This includes the parking lot, front exterior portion of the facility and roads, streets and walkways surrounding the premises that could be used by a customer to gain access to the dispensary. These areas are monitored by the guards during all operational hours, monitored by cameras 24 hours a day, and monitored at night by a guard patrol. Lighting lagerial@hvebis Rage is requested to be exempt from disclosure under FOLA because it contains critical infrastructure informatio ighly confidential security information and trade secret ELEMENT 7: SECURITY PLAN
Element 7 has forecasted In its budget for a range of security hardware, software and human personnel - our goal is to exceed City and State measures for security compliance and management.

Security video survelllance is an integral component of dispensary security systems and plans. Being able to record and monitor live footage allows our Company to track and identify individuals that enter our facility, record situations and events that would not have been captured or seen without cameras and allows for law enforcement to access our cameras and monitor our feeds securely. Security cameras also provide an "omniscient" presence that is proven to prevent diversion, deter theft, robbery, loitering, vandalism and other related criminal activities, We have identified the HIK camera and recording system as our equipment of choice for this. Each room will have two (2) cameras for full 360-degree viewing and all exterior building locations are further monitored by all-weather Video Camera and Building Surveillance Plan
All video surveillance will be monitored by security personnel from the Security Control Room. Security personnel will have direct contact lines to local law enforcement authorities to report any suspicious activities and/or emergency situations. The Police Chief or a Department representative will have access to all security video monitoring systems (as and if required).

The digital video surveillance system will have a minimum 100' of night vision capability, resolution of 1280 × 720 pixels, 80 pixels per foot and 100 pixels per foot for internal and external targeted viewing areas, record at a minimum of 15 frames per second, and recordings will be HD and in color, Recorded images will clearly and accurately display the time and date. Time will be measured in accordance with the standards issued by the United States National Institute of Standards and Technology Additionally, the system will be equipped with a fallure notification system that provides notification of any interruption or fallure of the system and storage devices. Two (2) cameras will be present in each room of the facility, including hallways, and cameras will be placed on the external structure. communate or phone ting taur. This wil
system with the central station prior to scheduling a service call. Testing the system will help us identify whether the problem still exists or whether it was a momentary glitch. If our Security cameras will be installed on the property, maintaned in good condition, and will provide a clear, unobstructed view of the parking area, all entrances, loading areas, bays, windows and any other areas as determined by the City. Cameras will be placed in fixed positions that allows clear recording from 20 feet of all points of entry and exit on the premises. Prior to installation, both exterior and interior camera systems will be approved bi the Police Chief.

The entire interior and exterior of the Facility will be protected and monitored by 24 hour video survellance In the Central Security Control Room. Areas that will have security surveillance cameras include all interior spaces within the facility which is accessible to the public (Lobby and Retail Floor), all Interior spaces where cannabis, cash or currency is being stored and all interlor spaces where diversion could reasonably occur.

Maşerishon is muge is requested to he exempt from disclosure under POTA because it contatos ertfient infrastructure information, highly confidential security Information and trade scercis.

ELEMENT 7: SECURITY PLAN
Any irregular surveillance video footage would be Investigated by the General Manager with the appropriate steps then taken to resolve any issues. Security personnel will have direct contact lines to local law enforcement authorities to report any suspicious activities and/or emergency situations. Daily surveillance reports are created and stored by the security personnel which are then shared with the Head of Security at Element 7 and the General Manager for review.

All regular surveillance will record continuously 24 hours per day and stored on hard disc for a minimum of 90 days. The storage device on which surveillance recordings are stored will be secured in a manner to protect the recording from tampering or theft. The surveillance- system storage device and cameras will be remote accessible through transmission control protocol (TCP).

The system will be capable of recording video in standard MPEG formats for transfer to another format such as DVD or USB. We will maintain a log of all persons) who have accessed survellance recordingsaccess to recordings are granted to Owners, General Managers and Head of Security.

In addition, all security systems at the site are attached to an uninterruptible power supply that can provide continuous power.

Panic/duress alarms will be in multiple locations in the Facility - Lobby (one for each workstation), Loading Bay, Central Security Room, Storage Room, and Office. All staff will be trained on the proper use of panic/duress alarms and the processes that follow if a panic/duress alarm is activated.

Daily surveillance reports are created and stored by the security personnel which are then shared with the Gereral Manager for review. All reports will be available to the Police Chief at any time.

Security Camera Placement
loor area, each point-of-sale register, cannabis product and waste storage areas, mai office, reinforced vault, break room, count/quarantine room, loading and unloading area, parking lot and the exterior of the facility, including the roof.

Department to obtain clear images, including facial features and license plates.

In addition, and specifically to address the Supplemental Security Requirements:

The entire opening of all entry and exit doorways will be captured as primary views Primary views are provided of all Lobby doors that provide entry from the building' exterior space into the lobby.

2. The entire lobby space will be monitored by security vídeo cameras. All required views of the lobby space, primary or incidental, will be captured by cameras located within the lobby space.

3. The entire reception desk area will be monitored and recorded by the security video system to produce primary views.

Materialitis eage is requested fo bie exempt from disclosure under FOTA because it contans critical infrastricture Inferination, Algüly confidential security Information and trade sccrets.

ELEMENT 7: SECURITY PLAN

4. The entire reception desk area will be monitored by a security video primary camera and recorded.

5. The field of view for the reception desk camera will include the area directly in front of the reception desk, including a clear view of both the face of the persons standing in that location and a view of items they are holding

6. All persons entering the employee space from the lobby will be monitored by security video cameras and recorded.

7. A dedicated incidental video camera will be placed on the outside of the storage room. The camera will be located on the unsecured side of the door with an unobstructed view of both the doorway and the card reader. The field of view for this camera will provide a clear view of both the face of the person entering and a view of items being carried into the premises by that person. This field of view will be limited to the doorway only, in order to provide full-size images. It will not be possible for any person to enter using the door from any angle without being captured and identified on camera.

8. An incidental camera will also be located within the room and positioned to view the entire room and the entry door to the room.

Camera Capabilities
Cameras will have night vision capabilities and be able to record images in high definition at 15 frames per second. The surveillance feed will be accessible via secure web-access that requires specific authorizations and permissions that will be enforced via security code. The Police Chief will be provided with a security code in order to access surveillance cameras and live feeds, including permissions for reverse functionality.

Cameras will continuously record and monitor the exterior and interior of the facility 24/7.

Supplemental lighting required to ensure proper illumination will be installed throughout the facility where needed to ensure that image and recording quality exceeds standards mandated by law. Lighting will be designed to support security video surveillance by avoiding fixture placement that results in high glare or extreme ranges of luminance in the view of any camera.

Camera capabilities externally will be enabled to read car plates where required for any law enforcement actions required. Images are attached below so that you can see the quality of the camera footage on playback from almost 70 feet.

8.0X
ST 06:33:55
Element 7 Camera Footage (Playback Mode)
Material his page is requested to be exempt from disclosure under FOLA because it contains critical infrastructure information, highly confidential security information and trade secrets.

ELEMENT 7: SECURITY PLAN
Security Surveillance Footage Formatting and Storage
Footage will be maintained on a secure cloud-based data storage system and on a secure physical storage device that will be kept in the Main Office for at least 90-days, unless investigations into diversion, theft, loss, robbery, burglary or other criminal activity requires footage to be maintained for a longer period of time, Synchronized date and time stamps are included in the footage formatting in a manner that does not obscure the images.

All footage will be stored as an MP4 or AVI file and images will be stored and maintained as a peg te. All ive streams and recordings can produce clear, still photos. Images from surveillance footage can be exported in industry standard formats Including jpg, bmp and The Main Office will have a photo printer attached to the monitoring system If a clear image needs to be printed for investigations, audits, or at the request of law enforcement or the Department. All recordings will have the ability to be archived in a proprietary format that ensures authentication of the video and can be saved in an industry standard file format capable of being played on a standard computer operating system.

Fallure Notification Systems and Back-Up Power
ne security Camera Survelilance system will have back-up bower that will be able 1 laintain continuous recording for up to eight hours. A failure notification svstem for th security camera surveillance system, that is both audible and visual, will also be deployed.

Telephone calls, text messages and emails will be sent to authorized personnel to alert them of system fallures within flve minutes of its occurrence. Assessments will be made to the system and malfunctioning equipment immediately after the notification. If assessments determine that policies, procedures and equipment are deficient and/or flawed, Chiefs of Security and Compliance will move to revise existing policies and procedures, develop training that addresses improved policies and procedures and Immediately circulate new policies and procedures to staff.

In the event that equipment is found to be problematic and cannot be repaired or replaced operations. If extra security measures that are immediately avallable are not sufficient to resume ance security equipment has been deemed functional and able to support secure facility operations.

Equipment inspections, Maintenance and Testing
All surveillance cameras will be inspected daily by security officers. During dally Inspections, cameras will be tested via monitor surveillance testing. Inspections include making sure each sarages we and ie dondsased data systemain the evening a cared ever one to obstructed, security officers are authorzed to remove the obstruction. done immediately. When a camera is being replaced or repaired by our contracted security secure and complant operations are maintained until the camera is replaced or repaired.

Logs pertaining to security surveillance camera inspections, maintenance and testing will be maintained on file for two (2) years.

Intrusion Alarm and Monitoring System
hat mirror local siate
Mazarkalin Riskage Is requested to be exempt from disclosure under FOLA becauso it contalaş erlilent Infrastructure information, highly confidental security Information and trade secrets.

ELEMENT 7: SECURITY PLAN
operating within a regulated cannabis market. Our experience operating licensed and compliant cannabis dispensaries in Callfornia has allowed us to develop effective safety and security operating procedures, and establish relationships with leaders in compllance, security systems, security training, equipment manufacturers and licensed • security professionals. These relationships extend beyond California and will enable us to source, implement and monitor user-friendly, state-of-the-art security equipment and systems.

Alarm monitoring will be performed by our contracted licensed alarm monitoring provider. In the event that an alarm is tripped, the General Manager, Chief of Security and owners will be notified via telephone call, text message and email. In the event that none of the authorized representatives are immediately responsive, local and state police will be notified. For certain alarms, such as panic, duress, hold up and burglary, local and state police will be notified immediately.

Building Security, Monitoring and Safety and Surveillance Element has forecasted in its budget for a range of security hardware, software and human personnel - our goal is to exceed City and State measures for security compliance and management. We have identified a local partner for monitoring the alarm system:

Company - Bay Alarm
Licenses - CCL 880138 AGO 28, ROC 326152 CR-67, ROC 326153 CR-16, BAYALAC876KF
Alarm Systems
Part of our comprehensive security system Includes professionally installed and maintained alarms that include:

Panic Buttons: buttons will be placed in the reception (one for each workstation), register/check out, main office, locker room, and loading / unloading areas. Delivery vehicles will also be equipped with panic buttons.

Hold-Up Alarm: a hold-up alarm will be placed in the reception and register/check out areas.
• Burglary: a burglary alarm will be connected to the main alarm system. • Affer Hours Monitoring: The main alarm system will be engaged between hours of operation. The alarm will be activated once the facility is closed for the day and de- activated once the facility is opened for regular hours of operation.

Motion Detectors: Motion detectors will be placed in each area of the facility, Including the roof.

Glass Break Detectors: Glass break detectors will be installed at each window.

Intrusion Detection and Alarm System
The facility will operate with a centrally-monitored fire and burglar alarm system that is monitored by an alarm company properly Icensed by the State of California Department of Consumer Affairs Bureau of Security and Investigative Services in accordance with California Business and Protessions Code Section 7590 et seq. and whose agents are properly licensed and registered under applicable law (Bay Alarm is our preferred local supplier).

Intrusion Detection devices will be installed at all entry points and motion detectors will be Installed to cover all areas of the Facility. A licensed and accredited company will monitor the alarm system and perform a monthly service on the system. The system will be put into test mode and tested at least once a month for any failures, In addition, the alarm system will have an audible interior and exterlor alarm system in place.

Alarms will be Inspected and tested daily, monthly and semi- annually, by security officers, the Head of Security and our contracted alarm system provider. in the event that alarms fall Malariate inesse is requested to he exempt from disclosure under FOLA because It contains critieal infrastructure information, lighly confidential socurity information and trade secrets.

ELEMENT 7: SECURITY PLAN
Inspections, operations will be suspended until all alarms are replaced or repaired to good working condition. Inspaction, testing and maintenance logs and reports will be maintained for up to two years on our cloud-based data system.

Response Protocol for Alarm System Contractor
In the event that the alarm system is triggered, the following will occur;

1. A Dispatch Vehicle from the Alarm Company will be sent to the Facility;

2. The Alarm Company will text and call both Element 7's Head of Security AND the Facility General Manager;

3. in the event that the Head of Security or the General Manager advise that the Alarm Is a False Alarm, the Alarm Company will still attend to the Facility to ensure that no person Is being held under duress;

4. In the event that the Head of Security or the General Manager advise that the Alarm is NOT a False Alarm, local law enforcement authorities will be notified;

5. A report of the situation will be logged once the alarm has been resolved.

Testing and Maintenance
Maintenance will be performed in accordance with the equipment manufacturer's recommendations and guldance. Our contracted Alarm System Provider will schedule and track routine maintenance, which they will perform as necessary, or if the systems malfunction. Daily maintenance, via visual inspection will be conducted prior to the opening and closing of the facility by security officers. This type of inspection will focus on identifying performed in this manner:
• Head of Security physically opens each door that contains an open/close switch to ensure the alarm is triggered.
• Head of Security physically walks and stands in front of motion detection devices in each area of the facility to ensure the alarm is triggered. • Head of Security physically presses all panic/duress/hold-up buttons and wireless devices to ensure alarms are triggered.
• Head of Security will use a Honeywell FG701-Glass Break simulator to activate glass break detectors to ensure that alarms are triggered.
• Head of Security will evaluate if the sensitivity settings on all devices are accurate.

Required semi-annual inspections and testing will be performed by our contracted alarm provider who will test all sensor points of protection and provide a signed test and certification report. All logs, reports and certifications will be maintained on our secure, cloud based data storage system. Any reports requested by the Department or law enforcemen will be provided immediately.

Failure Notification Systems and Back-up Power
Each component of our security system will have its own failure notification system and back- up power that will allow the system to run continuousiy for up to eight hours. The electronic access system, alarm system, security surveillance system and ancillary lighting systems will provide audible and visual failure notifications to authorized personnel, such as the General Manager and Chief of Security when a system or device malfunctions or is shutdown.

Audible notification consists of a telephone call, and visual notifications include text messages and emails. There will be an on-site generator that will supply back-up power to these systems, Back-up power will be able to support up to eight hours of continuous operation.

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On-Site Security Guards
All security personnel and guards employed for security work at Element 7 will be licensed by the State Bureau of Security and Investigative Services (BSIS) with a valid Department of Consumer Affairs Security Guard License (Security Guard Card") which is obtained by completing the annual pre-licensing course.

These personnel will be hired from a local licensed security firm chosen in consultation with the Police Chief, with such guards reporting to the Chief Security Officer at Element 7, and a functional reporting line to the General Manager of the business. Such guards will be first on- site each day, and will remain at the premises until closing, escorting all staff to their vehicles at the end of the night, before closing the premises and activating the alarm system.

Element 7 Security Guards will also undertake pre-work training with GSG who conduct advanced training covering threat assessment, risk mitigation, customer management, systems and hardware and incident management. GSG are a Bureau-certified training provider.

All security guards must be at least 21 years of age, have undergone a criminal history background check through the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), and compete the Power to Arrest Training, which includes:
40 hours of training in security officer skills; and
8 hours of continual training which must be completed during the second year of service.

Element 7 will implement a policy that requires Security Guards to patrol the business during all hours of operation. All guards will be Issued with a hand-free single wire earpiece with Push-to-Talk function for covert communications. Guards will not be armed unless the Police Chief requires this condition.

Number of Security Guards
Our preference is to work with a security company that is as local as possible'. Guards will only be armed if permitted by the City and Police Chief, Security Guard Hours
Security Guards will be on-site 30-minutes before opening daily operations and 30-minutes after closing - l.e., guards will be on site from 8.30am each day to 9.30pm at night, 7 days a week), and a security patrol will monitor the facility during non-operational hours. This will ensure and perpetuate safe operations and provide additional security to the surrounding community.

Locations Guards are Positioned
law enforcement locally as required.

In addition, a second security guard will be positioned in the lobby area and responsible for surveilling the lobby and carpark. This person, working in conjunction with the receptionist will manage entry Into the facility. Receptionists will be responsible for checking ID Cards - guards are present as a deterrent and to visually inspect the building and premises.

Magerlame ios page is requested to be exempt from diselosure under FOIA beeause it contains critical Infrastructure Information, lebly confidential sccurity Infornction and trade secrets ELEMENT 7: SECURITY PLAN
Guards will change roles every 2 hours so that a guard monitoring the cameras will switch to monitoring the lobby and carpark every 2 hours.

Guards Roles and Responsibilities
Guards will be responsible for the following daily security assessments and clerical matters:

1. Inventory Counts and Audits with full report - review and approve; 2, Cash counts, reconciliations, and financial reports - Ilasing with the General Manager; 3 GPS functionality report for all delivery vehicles;

4. Full delivery vehicle inspection, maintenance and update report and logs;

5. Visitor logs and report;

6. Employee log and report;

7. Full facility security equipment and system sweep and check, log and report:

8. Alarm activation at close of business day, upon completion of full security equipment and system sweep, log and report.

Weekly Security Assessments

1. Inspections of the following, followed by formal log and full reports:

Perimeter fences, doors, lighting, surveillance cameras and landscaping; Exterior and interior door operability and security;
Exterior landscaping- debris Inspection and removal;
Intrusion Detection System and communication Inspection; Security surveillance system inspections- cameras, software, monitors and operating systems;
Security camera angles, cleanliness and operabllity;
Key logs and ID Badge reports;
Signage cleanliness and visibility;
Back-up power systems and generator;
Verify license status of preferred vendors and new vendors and contractors; Team meeting addressing security policies and procedures, reports, updates and Monthly Security Assessments
Review Roving Patrol Performance via logs and reports, including community feedback;

2. Inspect external landscaping and ensure cleanliness and shrub and canopy limits are maintained; and

3. Review employee files for upcoming training and screening; Quarterly Security Assessments
Perform Quarterly Security Plan and Procedures Review and Assessment with General Manager, GSG and Chief of Compliance- make plan and polley changes if necessary; and

2. Assess staff and other employees on knowledge and implementation of Company Security Plan, procedures, policles and best practices.

Annual Security Assessments
Review and amend security plan, policies and procedures; Develop training plan and modules that reflect changes to the plan, policies and

3. Ensure all employees receive updated training.

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Security Assessments and Scheduled Audits
A full security assessment has been completed by GS Protective Services - License #16545. In addition, a scheduled security audit program is implemented to continuously ensure that the security plan is optimized.

Security Plan Policy and Procedure Reviews, Assessments and Updates in order for our operations to consistently exceed industry standards, maintain employee, customer, and community safety, and continue to lead Industry Innovation, Element 7 will perform quarterly Security Plan and Policy assessments and reviews. These assessments will be performed by the Chief of Security, in conjunction with the General Manager, GSG and the Chief of Compliance.

The Chief of Security is responsible for the implementation, supervision, compliance and training of all aspects of our Security Plan on a daily basis. Corrective actions and revisions existing plans, policies and procedures will occur upon the completion of a quarterly assessment and revlew, or as needed due to an unforeseen event.

The front and rear of the Facility will be equipped with security lighting as approved by the City, The entrance and side of building lighting will be continuously illuminated. Each light will provide at least 1-foot candle intensity.

The Facility will be ilt by exterior lighting between the hours of dusk and dawn, 365 days a year. There may be occasions (eg, inclement weather) when the lights are required to be used during the day, which will be at the judgement of the General Manager. All outdoor lighting used for securily purposes will be shielded and downward facing. In any case, we will adjust our external lighting to Parlier's guidance. We will be using LED 4000K Flood Lights supplied by GE. These lights offer 11 years of light life (50,000 hours) and are widely used to Illuminate similar buildings in the industry. The LED lighting solution selected considers security and safety requirements, design, energy efficiency freduced carbon footprint) and a uniform distribution of light (to aid security cameras and minimize 'dark areas which become potential security breaches).

The lights have a die-cast aluminum housing and a slim architectural design that incorporates an integral heat sink and light engine, ensuring maximum heat transfer, long LED life and a reduced Effective Projected Area (EPA). Lights meet 2g Vibration level per ANSI (C136.31 - 2010). The lights are rated at -40 degrees to 50 degrees Celsius and are fully compliant with all Industry standards. The lights will be mounted on the building exterior and wired with cable to the building power.

Parking
Security cameras will be installed on the property, maintained in good condition, and will provide a clear, unobstructed view of the parking area, all entrances, loading areas, bays, windows and any other areas as determined by the City. In addition, Security Guards will monitor the car parking areas during the day, and when the premises are closed, the facility will be monitored by an alarm, 24-hour surveillance cameras, back-lo-base monitoring, and a guard patrol service.

All cameras are monitored by an off-site 24/7/365 service at Element 7's corporate head office by a licensed security guard with direct access to the dispatch officers at local law enforcement stations near Element 7 dispensaries. In addition to the cameras and dispatch services, Element 7 has recently Installed exterior 'speakers' so that potential intruders can Matern vispage is requested in be exempt from disclosure under FOlA Because it contains crilleal infrastructure Information, highly confidentint security information and trade secrots.

ELEMENT 7: SECURITY PLAN
Transportation Techniques and Security Procedures
The Facility will have a dedicated secured loading and unloading area at the side of the building. This secured loading and unloading area allows for the safe and secure delivery of goods without any disruption.

Delivery vehicles will be instructed to call upon arrival. Drivers are instructed to call or text no ater than 15-minutes before deliveries are made (see example below) which allows for the ntake team to get ready for the delivery. Drivers are instructed to check-in at reception an are then escorted to the delivery area where the security lead would conduct a 'sween' of the area to determine threat levels.
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1(855) 680-0868
Your order is on its way and will
arrive in about 16 minutes. To
track order: htts://onf.It/
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Get ready! Your driver is arriving.

After the area is secured with no visible threats, the vehicle will be instructed to move into the secured 'sally-port loading bay where the vehicle will then be unloaded with all stock to be moved immediately to the secured product storage area inside Element 7.

After all checks and balances are completed and all inventory is accounted for as per the Delivery manifest, the storage room will be locked and secured. The driver would then be escorted back to their vehicle, and after a security check is completed, the secured sally-port door would be unlocked and the vehicle is allowed to leave the premises.

Element 7 will request that any Distributors that it works with ensure that all deliveries are made to the side of the building during operational hours and that deliveries are made in non-branded vehicles. This Secured Loading Bay adds a further element of safety to the employees of Element 7 and the Delivery company. The Loading Bay will have continuous illuminated lighting and a Panic/duress alarm for Employee Safety. The security officer also carries a handheld panic button with a silent alarm.

Cannabis Deliveries to Local Patients and Customers
Element 7 will strictly adhere to all rules, requirements and regulations regarding transportation of cannabis within the state of California, as they are created and modified by City and State legislators. No deviation from those rules will be tolerated or allowed.

Element 7's delivery process begins when the delivery employee leaves the facility with the cannabis goods for delivery. The delivery process ends when the delivery employee returns to the facility after delivering the cannabis goods or attempting to deliver the cannabis goods to the patient or customer (s). At no time will an Element 7 delivery employee engage in any activities except for cannabis goods delivery and necessary rest, fuel, or vehicle repair stops. Element 7 will maintain an accurate list of all delivery employees and required personal information.

Mageriahenvibilage is requested to be exempt from disclosure under FOIA because it contains critical infrastructure information, highly confidential security information and trade secrets.

ELEMENT 7: SECURITY PLAN
Any vehicle used in the delivery of cannabis goods will be operated by a delivery employee of Element 7. Vehicles used for delivery will not have any indications on the exterior of the vehicle that may indicate that the dellvery employee is carrying cannabis goods for delivery.

Only Element 7 employees will be in the delivery vehicle. In the event that an employee leaves the vehicle unattended, he/she will ensure that the vehicle is locked and equipped with an active vehicle alarm system.

All Element 7 vehicles will be outfitted with a dedicated Global Positioning System (GPS) device for identifying the geographic location of the delivery vehicle and recording a history of all locations traveled to by the delivery employee while engaged in delivery. The GPS device will be owned by Element 7 and used for delivery only. The device will be either permanently or temporarlly affixed to the delivery vehicle and will remain active and inside of the delivery vehicle at all times during delivery. At all times, Element 7 will be able to Identify the geographic location of all delivery vehicles that are making deliveries and document the history of all locations traveled to and by a delivery employee while engaged in delivery.

Drivers will also carry a personal Bluetooth enabled panic button which has back-to-base and 911 capabllities.

5. Employee Training and General Security Policies
Security and Safety training is critical to ensuring Element 7 staff are informed, educated, and prepared for a range of responsive situations that could occur within daily operations.

The training importantly includes clear directives, material, and instruction for customers.

These policies and procedures Include emergency evacuation procedures within the retail facility, safety hazards, returning cannabis products, recalls and other situations that may affect their safety and security while in the retail facility or while using cannabis products purchased at our facility.

Training and Instruction
We have established the following policy on training all workers with respect to workplace security. All workers, including managers and supervisors, shall have training and instruction on general and job-specific workplace security practices. Training and instruction shall be provided when the IP Program for Workplace Security is first established and periodically thereafter. Training shall also be provided to all new workers and to other workers for whom training has not previously been provided and to all workers, supervisors and managers given new job assignments for which specific workplace security training for that Job assignment has not previously been provided. Additional training and instruction will be provided to all personnel whenever the employer is made aware of new or previously unrecognized security hazards.

General workplace securlty training and instruction Includes, but is not limited to, the following:

Explanation of the IIP Program for Workplace Security including measures for reporting any violent acts or threats of violence.

Recognition of workplace security hazards including the risk factors associated with the three types of workplace violence.

3. Measures to prevent workplace violence, including procedures for reporting workplace security hazards or threats to managers and supervisors.

4. Ways to defuse hostile or threatening situations.

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ELEMENT 7: SECURITY PLAN
Measures to summon others for assistance.

Worker routes of escape.

Notification of law enforcement authorities when a criminal act may have occurred.

Emergency medical care provided in the event of any violent act upon a worker; and

9. Post-event trauma counseling for those workers desiring such assistance.

In addition, we provide specific instructions to all workers regarding workplace security hazards unique to their job assignment, to the extent that such information was not already covered in other training.

Security and Emergency Preparedness Training
Supervisors, managers and employees will also be required to complete Security anc sparky and a s matre and Emergency Preparedness training based on Federal Emergency Management Agency guldellnes and courses. This includes:

Natural hazards: floods, hurricanes, tornadoes, and earthquakes Health hazards
Cybersecurity, power outages and equipment failure
Emergency alerts and the Integrated Public Alert and Warning Systems Active Shooter, robbery, burglary, transportation incidents and workplace violence • Attacks in Public Places
Terrorism, bomb threats and suspicious packages
Ensuring Building Security: evacuation, sheltering and lockdown Severe Weather
Recovering from Disaster
Loss Prevention
First Aid and CPR
Employee Safety and Security Training and Resources
Our supervisors, managers and employees will be required to complete safety training that covers OSHA requirements, Sexual Harassment and Workplace Violence, Emergency Preparedness and Safety and Security Policies and Procedures.

In arder for our Company to maintain the safety and security of our employees, we wil perform security and risk assessments at various stages of build-out and implementation and on-going assessments while in operation, to identify workplace security issues. The fac hat the cannabis industry is unable to access traditional banking services, high amounts o olence related to gly alone, the i and sure a and in at aditya larger lit violence related to diversion,
Training will cover:
• Electrical hazards
• Hazard communication
Injury and illness prevention
Personal protective equipment
Polnt of operation hazards
Repetitive motion injuries
Slips, trips, falls and use of ladders
Materialin Helseage Is requested to be exempt from disclosure under FOLA becauso it contains critient İnfrastructure information, highly confidential security information and trade secrets ELEMENT 7: SECURITY PLAN
• Sanitation and pest control
Workplace violence
Sexual harassment
Discrimination
Worker's Rights
• Employer's Rights
• Reporting and Resources
Cannabis Specific, In-Depth Security Training
training based on FEMA Emergency Management Agency guidelines that includes active threats and other potential security and safety threats that employees may encounter while on the job, Our contracted security professional will also train employees on ways to identify potential risks to warkplace security, describe measures for improving workplace security and how to determine actions fo take in response to a safety or security situation (e.g,, burglary, armed hold-up, stroke and heart attack, loss of power). We also require, and provide, training refresher courses which will occur on an annual, ongoing basis for all employees. Refresher training courses will consist of a minimum of 32 (paid) hours annually, for security and safety training.

Our Chief of Security will also be providing, and managing, training on internal safety and sécurity policies and procedures that have been developed with our Chief of Compliance.

Facilities may have unique safety and security Issues and our Chlefs of Security and Compliance will work on developing policies and procedures that address these unique issues. Internal Security and Safety policies and procedures include:
• Security Surveillance Systems
• Equipment: inspections, maintenance and reporting
• Alarm Systems: inspections; maintenance, monitoring, reporting Duress
Panic
Burglary
• After-Hours
• Motion Detectors
Glass Break Detectors
• Lighting: inspections, maintenance, monitoring, reporting Facility Lighting
.. Emergency Lighting
Motion Detection Lights
• Gybersecurity
• Employee and Customer WIFI, Mobile Device Use Policies, Firewalls and VPNs
• Product and Currency Handling and Storage
• Shipments and Dellverles
• Logs, Data Management and Reporting
• Financlal Plan
• Receipts
Materishev blage is requested fo be exempt from disclosure under FOIA because it contains erltien infrastrueture information, highly confidentist securkey information and traide secrets.

ELEMENT 7: SECURITY PLAN
• Managing Cash on Hand
Currency Pick Up
• Reporting
• Limited and Restricted Access Areas and Permissions
• Keys, Electronic Access Cards and Company Issued IDs
• Contracted Licensed Security Officers
• Bag Checks
• Clocking-in and Clocking-Out
• Roving Inspections
• Safety and Security Training Requirements
Situational Training
Staff are trained to deal with, and manage, a range of workplace scenarios - having staff adequately trained allows for rapid response, resolution, and risk minimization.

Emergencies
The Company has outlined steps that supervisors, managers, and employees should take in the event of certain emergency situations.

Fire
Call 911 immediately if fire is uncontrollable.

Use fire extinguisher to put out smaller fires.
• Evacuate the building immediately and allow the fire department full access to the facility.
• Have staff and witnesses fill out incident reports.

Assist in clean up after fire has been extinguished properly. Management is to secure product in the safe if avallable.

Earthquake
All employees find a safe spot during the event and exit store in calm fashion if Manager on duly is to lock up doors and shut off gas line to business if accessible.

Manager is to account for all employees and vendors after the event is over and facilitate cleaning up the business if heeded. No employee is to leave without contacting the manager first and receiving authorization to do so, Manager is to call the owner and inform him of any damage. Owner is to call Insurance company in the event of damage and facilitate the repairs.

Medical
Any type of serious life-threatening medical emergency, such as seizures, asthma attacks, epilepsy, diabetic episodes, etc. will be handled by medical professionals and emergency responders will be called immediately via 9-1-1. Any type of accident wherein bodily fluids is present, only management is to deal with such fluids using proper cleaning supplies and gloves. if in abundance, use of professional cleaning service may be deemed recessary.

Business will have a stocked first-aid kit in case of minor injuries at work. Employees will always have access to this klt.

Materian Wanage is requested to he exempt from disclosure under POLA because it contatos critical infrastructure information, highly confidential security information and frade secrels.

ELEMENT 7: SECURITY PLAN
Active Shooter
Employees will receive Active Shooter training from our contracted Security Professional.

Injury or Accident
Employees will be instructed to remain calm and assess the emergency situation. They will e trained to assess whether the injured individual requires need medical attention. Injures ndividuals who refuse medical attention will be asked to complete and sign an inciden report and refusal to receive medical attention waiver. Baste first-aid procedures can be used on employees in the event of a minor injury.

Mazardous Materials
Hazardous materials (hazmat) are substances or materials that the U.S. Department of Transportation (DOT) has determined are capable of posing an unreasonable risk to health, salety and property when transported in commerce. The Hazardous Materials Regulations (HMR) are a set of rules established by The Pipeline and Hazardous Materials Safety Administration (PHMSA) to ensure hazmat is packaged and handled safely during transport, storage, and handling.

Hazardous Material Security training is designed to introduce hazmat employees to security risks associated with the hazmaf transportation process and ways to enhance security, as well as now to spot a possible security threat and respond appropriately. Training will help employees meet the security awareness training requirement (49 CFR 172.704(a)(4)).

Training will enable employees to determine If a material is hazardous, recognize the hazard classes and divisions used to identify hazardous materials, recall what makes a material hazardous substance, waste, marine pollutant, or elevated temperature material. All employees will be able to communicate a material's hazards through the use of shipping papers, markings, labels, and placards.

E
Summary of Security Plan
Element 7's integrated security management plan is designed to allow for:

Operatlonal Intelligence for better decision making
Improved real-time response in the event of a threat
Smarter business planning and resource allocation across the business Increased flexibility for future growth and adaption
Reduced risk to staff, customers and business assets.

Enhance our ability to comply with regulatory requirements Lower our operational and life cycle business costs.

Provide a safer working, operating and shopping environment We belleve that we have developed a highly compliant and comprehensive security plan that meets or exceeds all State and City regulations. We are committed to protecting our staff and customers and continuously monitor new opportunities to improve this aspect of our business.

Mate a see quest to lot to alsory indento and me seras elical tirastructure beformation, RESOLUTION 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER APPROVING A REGULATORY PERMIT AND A SITE PLAN FOR ELEMENT 7 PARLIER LLC

AUTHORIZING COMMERCIAL CANNABIS OPERATIONS ON A PORTION OF APNS 358-390-65 & 358-390-66
WHEREAS, Element 7 Parlier LLC (Applicant) wishes to construct and operate a ommercial cannabis facility (Project) on approximately 1.74 acres vacant land on the east side o . Academy Avenue approximately 1,000 feet south of E. Manning Avenue, said land consistin of portions of Fresno County Assessor's Parcel Nos. (APN) 358-390-65 and -66 (Site); and WHEREAS, the Site is zoned M-1 Industrial, which allows the proposed use subject to City issuance of a cannabis regulatory permit; and
WHEREAS, approval of a regulatory permit and a site plan consists of a "lease, permit, license, certificate, or other entitlement for use", and is therefore a "project" pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. ("CEQA") and the CEQA Guidelines, California Code of Regulations Section 15000, et seq.; and WHEREAS, as the agency primarily responsible for carrying out or approving said project, the City of Parlier assumes the role of lead agency pursuant to CEQA; and WHEREAS, the Project consists of construction and operation of a 2,610-square-foot retail building not involving use of a significant amount of hazardous substances in an urbanized area; and WHEREAS, none of the exceptions to the use of a categorical exemption have been found to exist; and
WHEREAS, on June 5, 2023 a notice of public hearing was published in The Business Journal announcing the project and the opportunity to comment thereon and said notice was also posted at Parlier City Hall and on the City's website; and WHEREAS, on June 5, 2023 a similar notice of public hearing was mailed to owners of real property within 300 feet of the project site; and
WHEREAS, at a special meeting on June 15, 2023 the Parlier City Council did conduct a public hearing to receive testimony about the project; and WHEREAS, the Applicant proposes an operation that is consistent with the City's Cannabis Control Ordinance and the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as both may be amended from time to time; and
WHEREAS, the project will provide a source of employment within and an ongoing revenue source to the City of Parlier; and
NOW, THEREFORE BE IT RESOLVED as follows:

1. The Parlier City Council finds the project to be exempt from further review under the *******************
The foregoing resolution was introduced and adopted at a special meeting of the City Council of the City of Parlier held on June 15, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dorothy Garza, City Clerk Hon. Alma Beltran, Mayor
Attachment A to Resolution No. 2023-XX
Element 7 Parlier LLC Cannabis Regulatory Permit
APNs 358-390-65 & 66 (portions)
As may ne used herein, the oris ted ier l petito. and peat balde me are is, specific to the entity named.
gene
Regulatory Permit & Operations
This regulatory permit and the associated operation are subject to a disposition and development agreement (DDA) between the City of Parlier and Element 7 Parlier LLC, which is incorporated herein by reference. In the event of inconsistencies between the requirements of the DDA and the conditions of approval indicated herein, the provisions of the DDA shall control.

The operation shall comply with all provisions of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and City of Parlier Ordinance No. 2017-03 (Cannabis Control Ordinance).

The Security Plan prepared by GSG Security Services and received by the City on April 25, 2023 shall be revised to account for project revisions since its submission and to the satisfaction of the City of Parlier Chief of Police.

Operator is authorized to conduct the following operations at the facility, with respect to both medicinal and adult-use cannabis:
a. Retail sales (Type 10 Storefront Retailer License)
Operator shall acquire and maintain a City of Parlier Business license, including payment of applicable business license fees.

Operator shall pay the applicable regulatory license fee.

General hours of operation shall be between 8:00 AM and 10:00 PM, with the exceptions of onsite security, maintenance, and related activities.

Prior to use of any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures, the operator shall provide the City of Parlier with ten (10) days' written notice. Examples of volatile solvents include, but are not limited to, butane, hexane, and propane.

The City will monitor the operation for violations of conditions of approval. Penalty for violation may include but is not limited to warnings, fines, and/or permit revocation.

General
3 Attachment A to Resolution No. 2023-XX
Element 7 Parlier LLC Cannabis Regulatory Permit
APNs 358-390-65 & 66 (portions)

10. Use of the site shall comply with all applicable provisions of the City of Parlier General Plan and the Parlier Municipal Code (PMC), including but not limited to: potable water protection regulations (Chapter 13.30), business licensing requirements (Title 5), and Building Code Standards (Title 15); the Subdivision Ordinance (Title 16); the Cannabis Control Ordinance (Chapter 18.55); the regulations of the applicable zone districts) and other relevant portions of the Zoning Ordinance (Title 18); and the City of Parlier Standard Specifications and Standard Drawings, unless exceptions therefrom are approved by the City Engineer.

11. Use of the site shall conform to all applicable City requirements for the M-1 Manufacturing Zone District.

12. Construction drawings (building and improvement Plans; site, grading, irrigation, and landscaping) shall be submitted to the Community Development Department for review and approval. A building permit shall be acquired prior to start of any construction activities.

13. The applicant shall provide a grading plan prepared by a CA-licensed civil engineer for the review and approval of the City Engineer.

14. The applicant shall provide a lighting plan for the review and approval of the City Engineer.

All exterior lights shall be shielded or otherwise oriented to prevent disturbance to surrounding or neighboring properties or traffic on abutting rights-of-way.

15. The applicant shall consult with and shall comply with the requirements of the San Joaquin Valley Air Pollution Control District, including but not limited to compliance with Regulation VIII (Fugitive PM1o Prohibitions) and Rule 9510 (Indirect Source Review).

16. The applicant shall consult with and shall comply with the requirements of the Fresno County Fire Protection District/CalFire, including but not limited to requirements related to sprinklers, fire hydrants, and fire access.

17. The developer shall comply with Health and Safety Code Section 7050.5 and Public Resources Code Sections 5097.98, 21083.2, and 21084.1 and related statutes regarding regulation of cultural and historical resources that may be discovered on the site.

18. Following any changes made to the premises diagrams as a result of these conditions or other commentary, correspondence, or official requirement, the applicant shall submit a 4 Attachment A to Resolution No. 2023-XX
Element 7 Parlier LLC Cannabis Regulatory Permit
APNs 358-390-65 & 66 (portions)
copy of the final site plan as revised to the Community Development Department for inclusion in the project file.

19. Prior to issuance of a certificate of occupancy, all conditions of approval shall be verified as complete by the Community Development Department, and any and all outstanding fees shall have been paid. Any discrepancy or difference in interpretation of the conditions between the owner/ applicant/ operator and the Community Development Department shall be subject to review and determination by the City Council.

Site

20. Prior to construction, Lot Line Adjustment No. 2023-01 shall be perfected and copies of the recorded deeds provided to the City.

21. The site plan dated February 9, 2023 shall be reconfigured to account for the shared drive approach at the northern property line and a northbound deceleration lane on S. Academy Avenue. Potential future development need not be depicted. The applicant shall coordinate with the City Engineer and the City Planner to ensure that the site design meets applicable standards and requirements.

22. Based on the projected number of employees, the site shall construct and maintain a minimum of four (4) parking spaces. Accessible spaces shall be provided as prescribed by the California Building Code.

23. All above-ground features including but not limited to lighting, fire hydrants, postal boxes, electrical and related boxes, and backflow devices shall be installed outside of the public right-of-way. All on-site utilities shall be installed underground.

24. Hours of construction shall be limited to 6:00 AM to 7:00 PM, Monday through Saturday.

25. The project shall install temporary gravel filters with minimum one- (1-) inch base rock at each construction entrance, extending across the entire entrance and a minimum of fifty- five (55) feet into the site.

26. Construction debris shall be contained within an on-site trash bin and the project site shall be watered for dust control during construction.

27. As necessary, the applicant shall obtain an NPDES permit from the Regional Water Quality Control Board. The plan shall provide for the mitigation of soil erosion from the project 5 Attachment A to Resolution No. 2023-XX
Element 7 Parlier LLC Cannabis Regulatory Permit
APNs 358-390-65 & 66 (portions)
site during the construction and warranty periods and shall be submitted to the City prior to the start of construction.

28. The fencing at facility perimeter shall be not less than six (6) feet in height nor greater than eight (8) height in height and shall be screened, slatted, or similar to prevent visual intrusion. It may include three (3)-strand barbed wire (oriented inward) and not more than one (1) strand of razor wire and shall be placed on the property line. Other fencing locations and materials, if applicable, shall be subject to approval by the Community Development Department consistent with City of Parlier Standard Drawing Nos. M-3 through M-7.

29. The applicant shall coordinate with Mid Valley Disposal to establish necessary solid waste procedures (i.c., collection days and frequency). Construction of trash enclosures shall be as determined by the City Engineer.

30. The owner/applicant shall comply with all relevant components of the California Building Standards Code and associated trade codes, including but not limited to issues related to restroom facilities, building occupancy limits, and fire prevention and safety.

31. All signage must be approved pursuant to the standards and guidelines of the Parlier Municipal Code prior to installation.

32. The owner/operator of the facility shall be responsible for the ongoing and long-term maintenance of required improvements and landscaping. As required by CA Streets and Highways Code Sections 5600-5630, this shall include curb, and gutter, and planter strip.

Utilities

33. The development shall at all times respect existing or new easements by, for, and between all private and public entities, including but not limited to the City of Parlier and the Consolidated Irrigation District.

34. The applicant shall provide an instrument suitable to the City Engineer to ensure cross- access at the shared drive approach at the northern property line.

35. It shall be the responsibility of the owner/developer to grant easements as necessary for the installation and maintenance of private utilities, including but not limited to: electricity, gas, telephone, and cable television.
6 Attachment A to Resolution No. 2023-XX
Element 7 Parlier LLC Cannabis Regulatory Permit
APNs 358-390-65 & 66 (portions)

36. As necessary, the developer shall work with PG&E for the preparation of a utility plan, subject to review and approval by the City Engineer prior to approval of the improvement plans and prior to the start of construction. All work shall be completed such that no street surface need be reopened for service.

37. The water supply shall be taken from the existing 12-inch water main in S, Academy Avenue. For each component, separate connections for process water, domestic waster, landscaping irrigation, and fire supply shall be provided. The connections shall be made in accordance with City of Parlier standards and shall be consistent with the utilities plan approved by the City Engineer.

38. The applicant shall comply with the City of Parlier Cross-Connection Control Regulations contained within PMC Section 13.30. Consistent with these regulations one or more backflow prevention devices may be required.

39. The project shall connect to the future extension of the 8-inch sanitary sewer main in E.

Progress Drive. The project shall also pay a fair-share component for the design and construction of said extension. The connections shall be made in accordance with City of Parlier standards and shall be consistent with the utilities plan approved by the City Engineer.

40. Drainage for the site shall be to the existing basin in the industrial park. Applicant shall be responsible for installing underground storm drainage conveyance to the basin and for enlarging the basin to accommodate accommodated onsite. The connections shall be made in accordance with City of Parlier standards and shall be consistent with the utilities plan approved by the City Engineer. Nuisance water shall be retained onsite. The applicant shall seek compliance with the City's Phase 2 MS4 Permit.

Streets

41. Any work within the City of Parlier public right-of-way shall require an encroachment permit.

42. Any broken, damaged, or substandard curb, gutter, or pavement along the project frontages, or any of the above damaged during construction wherever located, shall be removed and replaced as directed by the City Engineer.

43. Drive approaches shall be installed consistent with City of Parlier Standard Drawing No.

ST-16.
7 Attachment A to Resolution No. 2023-XX
Element 7 Parlier LLC Cannabis Regulatory Permit
APNs 358-390-65 & 66 (portions)

44. The project shall remove and realign the curb and gutter along the cast side of S. Academy Avenue to accommodate a northbound deceleration lane terminating at the shared drive approach at the northern property line of the site as determined by the City Engineer.

45. Gates at drive approaches shall either be sliding/rolling or designed to swing into the site and shall be at least as wide as the throat of the drive approach.

This section does not address fees related to the Regulatory Permit, which are contained within the disposition and development agreement and related documents.

46. Owner shail be responsible for payment of any and all outstanding planning, building, plan check, and engineering fees prior to issuance of a certificate of occupancy.

47. Concurrently with submission of improvement and/or building plans, the applicant shall deposit with the City of Parlier funds in an amount estimated by the City Engineer and/or Building Official, respectively, to be sufficient to offset costs to the City for review of such plans. In the event that such funds are not sufficient to cover costs to the City, the City Engineer and/or Building Official, as appropriate, shall contact the applicant to request additional funds, which the applicant shall then deposit with the City.

48. The applicant shall pay to the City of Parlier development impact fees consistent with the City's current Development Impact Fee Schedule (May 2014) as detailed herein. Fees may be adjusted upward or downward based upon final facility design and employment characteristics. Fees shall be paid in full prior to issuance of a certificate of occupancy.

49. The applicant shall be responsible for payment of fees to the Mendota Unified School District and shall provide the City with evidence of payment, or evidence of the District's determination that no payment is required, prior to issuance of a certificate of occupancy.

50. The applicant shall be responsible for payment of Fresno County Regional Transportation Mitigation Fees and Fresno County Public Facilities Impact Fees and shall provide the City with evidence of payment, or evidence of the County's determination that no payment is required, prior to issuance of a certificate of occupancy. 8