LAST MINUTE AGENDA INFORMATION
2/15/2023 Regular Council Meeting
(Agenda Related Writings/Documents provided to a majority of the City Council after distribution of the Agenda Packet for the February 15, 2023 meeting.) ITEM NO. DESCRIPTION
PUBLIC COMMENTS a. Correspondence from Mark Williams
b. Correspondence from Rebecca Rapp
REPORTS
11.c
RESOLUTION NO. 2023-07 APPOINTING TYLER FOLTZ
AS THE CITY MANAGER,APPROVING THE CITY
MANAGER EMPLOYMENT AGREEMENT, AND
AUTHORIZINGTHE MAYOR TO EXECUTE THE
EMPLOYMENT AGREEMENT.
a. Correspondence from Josh Hill
From: Mark Williams
To: Public Comments
Subject: City Council 2/15/23 -
Date: Wednesday, February 15, 2023 9:19:35 AM
[email protected]
Hi, A few weeks ago I brought up the need for Local Campaign Finance Reform. Listed below are a few of the reasons. The question is WHAT IS EXPECTED IN RETURN? It’s naive to think that strings are not attached to this money.
Notables: 27 donors from Imperial Beach (12% of all donors) 164 donors outside of Imperial Beach 47 donors outside IB gave over $1,000 $115,000 from various unions
$1,000 from Concerned National City Residents Against Ron Morrison for Mayor 2022 $15,000 from other current and former candidates outside our city such as:
Georgette Gomez, Rodriguez for Mayor 2022,
Senator Atkins 2020,
Blakespear for Mayor 2022,
Ward for Assembly 2022,
Boerner-Hovath, Kellie Hinze for Encinitas City Council 2020 $1,000 from 314 Action Victory Fund (an openly anti-Republican Group) There were no contributions from Imperial Beach that exceeded $800 with an average well below $200.00.
Imperial Beach is four square miles. As such local voices are over shadowed by the enormous outside influences and campaign contributions. This money comes from PAC’s, Developers, Unions, and other state and city candidates. These are not our neighbors. The question is what do these people want in return? The issue comes down to our neighbors cannot afford to match such massive contributions which are the only way to have local voices heard. Our community deserves its own voice heard; not outsiders. We elect a council for our own local representation, not to represent outside influences.
WHY?
And the Mileage Tax is back... Something stinks more than the Tijuana Pollution.
Thank you
Mark Williams D1 resident.
. a.1
Date: 02-15-2023 Item: Public Comments
Last Minute Agenda Information
From: Rebecca Rapp
To: [email protected]; Public Comments; [email protected]; [email protected]; [email protected]; [email protected] Subject: Public Comment 2-15-23 Department of Cannabis Control limits flavors to inhaled marijuana products Date: Wednesday, February 15, 2023 10:10:58 AM
Attachments: DCC Nov 2022 new Requirements for Inhaled Cannabis Products.pdf Good evening, Mayor Aguirre and council. My name is Becky Rapp, I’m a parent and public health educator focused on youth and drug prevention. Unfortunately, I am not able to attend in person tonight but wanted to share with you some important and exciting news released from the DCC (Department of Cannabis Control).
Parents are thrilled to hear about new regulations set by the Department of Cannabis Control limiting flavors being added to inhaled marijuana products. These new regulatory provisions became effective on November 7, 2022, almost four months ago.
According to the Department of Cannabis Control, these new regulations limit the substances that can be used to add flavor to inhaled products, including flavors that are attractive to children, by masking the natural flavor and aroma of marijuana.
This is a huge step in the right direction in efforts to protect children and young adults from inhaled marijuana products. We recently passed SB 793 prohibiting the sale of flavored tobacco, it’s encouraging that the DCC is now recognizing that the marijuana industry is following the tobacco playbook when it comes to hooking kids.
I ask if you are aware of the new requirements of the DCC and if our local operators have been notified. How can the city help in education and ultimately enforcement of the new regulation? Manufacturing facilities have been instructed to immediately stop producing products that are not compliant with new regulations.
Are they even aware?
The new regulation hasn’t received much attention and parents would like to see a similar response from the city as they did when SB 793 passed.
Thank you.
b.1
Date: 02-15-2023 Item: Public Comments
Last Minute Agenda Information
https://cannabis.ca.gov/wp-content/uploads/sites/2/2022/11/inhaled-products-guidance_legal-draft_2022- 1031.pdf
.
b.2
Date: 02-15-2023 Item: Public Comments
Last Minute Agenda Information
1 New Requirements for Inhaled Cannabis Products
Revised 11.10.2022
Guidance Document
New Requirements for Inhaled Cannabis
Products
The Department of Cannabis Control (DCC) has adopted new regulations that clarify what can be included in inhaled cannabis products. These regulatory provisions became effective on November 7, 2022.
This guidance is a tool to assist licensees with understanding the new regulations, but it does not impose additional requirements or change the regulations. This guidance explains:
• Inhaled Cannabis Products
• What changed in regulation
• Answers to common questions
• Expectations for compliance
The complete text can be found in California Code of Regulations, Title 4, Division 19, and on the https://cannabis.ca.gov/cannabis-laws/dcc-regulations.
Cannabis Products
What Changed in Regulation
Additional Requirements for Inhaled Cannabis Products
DCC has adopted section 17303.1, which limits the components that may be included in cannabis products intended for inhalation. Cannabis products intended for inhalation may contain only cannabis; cannabis concentrate; terpenes; rolling paper leaf; pre-roll filter tips; and ingredients permitted by the United States Food and Drug Administration as an “inactive ingredient” for inhalation, as specified in the United States Food and Drug Administration Inactive Ingredients Database.
Definitions
“Terpenes” is defined in section 15000(ppp), which defines “terpenes” as “terpenes, terpenoids, flavonoids, polyphenols, and other naturally occurring phytochemicals and secondary metabolites contributing to the aroma or flavor of cannabis.
What is the purpose of the new inhaled products regulations? The new regulations limit the substances that can be used to add flavor to inhaled products, including flavors that are attractive to children, by masking the natural flavor and aroma of cannabis.
b.3
Date: 02-15-2023 Item: Public Comments
Last Minute Agenda Information
2 New Requirements for Inhaled Cannabis Products
Revised 11.10.2022
The regulation limits ingredients in inhalable cannabis products in accordance with the United States Food and Drug Administration (FDA) Inactive Ingredients Database for inhalation.
Answers to Common Questions About Cannabis Products Intended for Inhalation
Are there limits on flavors that can be included in cannabis products intended for inhalation? Yes. Section 17303.1 imposes limitations on the components that may be included in cannabis products intended for inhalation. In particular, the regulation limits the terpenes that can be included in inhaled products by defining terpenes.
“Terpenes” is defined to mean “terpenes, terpenoids, flavonoids, polyphenols, and other naturally occurring phytochemicals and secondary metabolites contributing to the aroma or flavor of cannabis” in section 15000(ppp). Through this definition, DCC has specifically limited the terpenes that may be added to inhaled products to those that are naturally occurring and contribute to the flavor or aroma of cannabis. As such, artificial, synthetic, and natural flavorings or terpenes that do not contribute to the natural flavor or aroma of cannabis are not permitted. This means that added terpenes do not need to be cannabis derived but they must be consistent with the terpenes that naturally exist in cannabis. Flavors that would be prohibited under this definition include, but are not limited to, menthol, mint, mango, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, coffee, popcorn, and bubblegum.
Are artificial, synthetic or non-cannabis terpenes, permitted in cannabis products intended for inhalation?
Artificial or synthetic terpenes are not permitted. Through the definition of “terpenes” in section 15000(ppp), DCC has specifically limited the terpenes that may be added to inhaled products to those that are naturally occurring and contribute to the natural flavor and aroma of cannabis. Terpenes that are not derived from cannabis may be added if they are naturally occurring, consistent with the terpenes that naturally occur in the cannabis they are being added to, and contribute to the natural flavor and aroma of cannabis.
What other limitations are placed on cannabis products intended for inhalation? Section 17303.1 limits the components that can be included in cannabis products intended for inhalation to the following: cannabis; cannabis concentrate; terpenes; rolling paper leaf; preroll filter tips; or ingredients permitted by the United States Food and Drug Administration as an “inactive ingredient” for inhalation, as specified in the United States Food and Drug Administration Inactive Ingredients Database. The DCC believes that prohibiting inactive ingredients that have not been approved for inhalation by the Food and Drug Administration is necessary to protect the consumer. The FDA database is available at FDA Inactive Ingredients Database Download.
b.4 Date: 02-15-2023 Item: Public Comments
Last Minute Agenda Information
3 New Requirements for Inhaled Cannabis Products
Revised 11.10.2022
Are there labeling or marketing restrictions for cannabis products intended for inhalation? Cannabis products intended for inhalation must comply will all labeling and advertising requirements in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which begins at Business and Professions Code (BPC) section 26000, and the DCC’s regulations. This includes ensuring that all ingredients are listed on the label and that any labeling, advertising and marketing comply with restrictions on content that is attractive to minors under the age of 21. (BPC §§26120 and 26152; CCR §§15040, 17300, 17406, and17408).
Cannabis products that are labeled or designed in a manner that is attractive to minors under the age of 21 are prohibited. Licensees should exercise particular caution when labeling, advertising or marketing cannabis products with flavor-like names (for example, “bubblegum” or “cherry kola”) to ensure that such products are not attractive to minors.
Expectations for Compliance
What must licensees do to comply with the new regulations? All licensees in possession of cannabis products intended for inhalation that do not meet the requirements of the new regulation should move the existing product through and out of the supply chain as quickly as possible. DCC recognizes that licensees may need to transition their business operations to come into compliance. DCC plans to initially prioritize education over discipline and assist licensees with coming into compliance.
Licensees that manufacture cannabis products intended for inhalation should immediately stop producing products that are not compliant with the new regulations. All cannabis products intended for inhalation manufactured on and after November 7, 2022, are subject to the regulatory requirements. Cannabis products intended for inhalation that do not meet the new requirements may be considered adulterated pursuant to Business and Professions Code section 26039.6(a)(4).
What is the timeframe for complying with the new regulations regarding the additional requirements for inhaled cannabis products?
The new regulations became effective on November 7, 2022. This means that cannabis products intended for inhalation manufactured on and after November 7, 2022 are subject to the new regulatory requirements. Licensees that manufacture these products should immediately stop producing cannabis products intended for inhalation that are not compliant with the new regulations. All licensees with existing cannabis products intended for inhalation that do not meet the requirements of the new regulation should move the existing product through and out of the supply chain as quickly as possible.
DCC recognizes that licensees may experience compliance issues as they transition their operations. DCC plans to initially prioritize education over discipline and assist licensees with coming into compliance.
b.5 Date: 02-15-2023 Item: Public Comments
Last Minute Agenda Information
4 New Requirements for Inhaled Cannabis Products
Revised 11.10.2022
The Department of Cannabis Control (DCC) licenses and regulates commercial cannabis activity within California. To learn more about the California cannabis market, state licenses or laws, visit cannabis.ca.gov. Email questions to [email protected] or call 1-844-61-CA-DCC (1-844-612-2322).
b.6
Date: 02-15-2023 Item: Public Comments
Last Minute Agenda Information
From: Mr. Hill
To: Public Comments
Subject: Mtg 2.15.23 - Agenda item 11.C - Read Aloud
Date: Wednesday, February 15, 2023 7:00:33 AM
Mtg 2.15.23 - Agenda item 11.C - Read Aloud
"My name is Josh Hill, IB resident, and wanted to voice support for the appointment of Tyler Foltz to City Manager; in my experience with him in different positions with the city over the past decade, he has always been extremely helpful, kind, and capable. Andy has been wonderful, and it's great that we have someone like Tyler ready to take up the mantle." .
a.1 Date: 02-15-2023 Item: 11.c
Last Minute Agenda Information