Item 05 - Minutes from the Regular Meeting of December 2, 2025

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Councilmember Hernandez expressed full support for the item. He noted concerns regarding the black market, certain smoke shops are selling hemp products, and requested enforcement of applicable laws against anyone not in accordance with the city's cannabis ordinance, as well as ensuring that there is no flavored tobacco and no nitrous oxide for sale. He requested an aggressive code enforcement approach targeting smoke shops along specific streets like 17th, Grand, and Bristol to ensure support for the city's legal, tax -paying cannabis industry. Councilmember Penaloza thanked Councilmember Lopez for agendizing the item and stated his ultimate preference would be for a full ban. He noted staff has been working on Main Street, shutting down many shops in Ward 6 including illegal dispensaries and smoke shops, expressed full support for bringing back an enforceable solution, and asked if the regulatory framework being developed for smoke shops could also be applied to other types of uses residents have expressed concerns about such as adult stores and massage parlors. City Attorney Sonia Carvalho confirmed the Council is able to institute a moratorium to allow staff time to study the issues, clarified an entire ban on a business use must be decided on a case -by -case basis with justifiable reasons, as uses cannot be banned arbitrarily, and noted certain uses, like adult shops, have the benefit of First Amendment protections, therefore the city cannot completely ban them. City Manager Nunez stated staff will focus on a comprehensive ordinance and studying the issue rather than implementing an emergency moratorium as doing so would consume staff time and require rapid follow-up, while leveraging existing code would be more effective. Councilmember Penaloza expressed support for the proposed smoke shop moratorium and highlighted the need for regulations against undesirable businesses such as adult stores and massage parlors. CITY MANAGER COMMENTS MINUTES: City Manager Alvaro Nunez reminded residents about the Community Priorities Survey to gather input for budget and service prioritization, and promoted the Shop Local Shop Santa Ana campaign launched by the Economic Development Division for the holiday season. He announced the Police Department's annual Pancakes with Santa event on December 6t" and garage sale weekend happening this Saturday and Sunday. He invited the community to the grand opening of the Santa Ana Zoo's largest expansion, The River's Edge, on Saturday, December 20th, at 11:00 a.m. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. CITY COUNCIL 25 DECEMBER 2, 2025