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Home My WebLink About01 - Minutes - AmendedOctober 14, 2025 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Meeting Minutes Regular Meeting September 23, 2025 I. ROLL CALL — 4:07 p.m. Present: Mayor Joe Stapleton, Mayor Pro Tem Lauren Kleiman, Councilmember Michelle Barto, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J. Weber, and Councilmember Erik Weigand II. INVOCATION — Imam Mandi Al-Qazwini - Islamic Educational Center of Orange County III. PLEDGE OF ALLEGIANCE — Mayor Stapleton IV. PRESENTATIONS • Friends of the Library Check Presentation Mayor Stapleton recognized Friends of the Library President'Amy Hunt who was joined by Board Members Catherine Wallach, Becky Halladay, and Janet Callister, presented Library Services Director, Melissa Hartson with a $250,000 check. Library Services Director Hartson expressed appreciation for the continued support and noted the funds would be used for physical materials and programs for the community. Councilmember Grant expressed gratitude to the Friends of the Library for their hard work and dedication. • Proclaiming September 2025 as W Service Dog Month Mayor Stapleton presented the proclamation designating September 2025 as National Service Dog Month to an Leguay, Canine Companions Volunteer; Denise Phillips, Canine Companions Pupp Raiser; and Kai, a future service dog. Ms. Leguay introduced volunteers Heidi, Peggy, and Jerry as well as future service dogs Rose, Lucy, and current service dog Colbert. Newport Bay Conservancy Proclamation Mayor Stapleton presented the proclamation to Heather Cieslak, Operations Manager; Board Members Mario Cuevas, and Diane Daruty; Board Member and Naturalist Maureen Flanagan; Julie Powers, Treasurer; Board President Bryan Tsu; and Co -Vice President Bettina Eastman. Heather Cieslak thanked Council for their recognition. • Bonita Canyon HOA Fire Wise Proclamation Mayor Stapleton presented the proclamation to Gunnar Gooding, Bonita Canyon Maintenance Association President and leader of the Fire Wise Task Force, and Fire Marshal James Gillespie. Councilmember Grant thanked Mr. Gooding for his leadership and congratulated him and the Bonita Canyon Maintenance Association for receiving the first Newport Beach Fire Wise designation. Volume 66 - Page 410 City of Newport Beach September 23, 2025 At Mayor Stapleton's request, Real Property Administrator, Lauren Whitlinger clarified that the five-year period will allow the City time to identify three replacement units elsewhere in the City; noted that the fourth unit was illegal and therefore it not required for replacement; clarified that the City is not responsible for building those units; and noted that the current tenants are being compensated to vacate the property. Motion by Mayor Stapleton, seconded by Councilmember Weber, to a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the Relocation Plan for the property at 301 East Balboa Boulevard, Newport Beach, California, 92661, dated June 20, 2025, prepared by Overland, Pacific and Cutler, LLC, a TranSystems company, conforming to the requirements of California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development as in Title 25, California Code of Regulations Section 6000, et seq., and AB 1482. The motion carried 7-0 XII. CURRENT BUSINESS 23. Initiation of Zoning Code and Local Coastal Prog Amendments Related to Smoke Shops, Smoking Lounges, and Other Tobacco -Related Businesses and Establishing a Temporary Moratorium of Tobacco Retailer Businesses a) Determine this action is exempt from environmental review under the California Environmental Quality Act (CEQ4_ pursuant to Section 15262, Section 15060(c)(2), Section 15060(c)(3), Section 15305, and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Divisiop 6, Chapter 3; b) Adopt Ordinance No. 2025 31, An Ur ncy Ordinance of the City Council of the City of Newport Beach, California, Establishing a Teporary Moratorium on the Establishment and Operation of New Tobacco Mailer Businesses and the Relocation or Physical Expansion of Existing Tobacco Retailer Businesses, Also Known as Smoke Shops; and c) Adopt Resolution No. 2025-64, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Pertaining to Smoke Shops, Smoking Lounges, and Other Tobacco -Related Businesses (PA2025-0171). Acting Director of Community Development Jaime Murillo, and Associate Planner Oscar Orozco presented the staff report including a PowerPoint presentation reviewing details of the urgency ordinance and resolution; the background of the item; noted illegal activity at tobacco retailers; reviewed the temporary moratorium's timetable and proposed code revisions. Councilmember Grant thanked staff for the presentation and requested clarification regarding whether the ordinance for consideration addresses solely the sale of tobacco -related products and if it also included an opportunity to review smoking locations throughout the City. City Attorney Harp explained that staff can look at where smoking is permitted, or not, when reviewing the code amendments. Councilmember Grant noted that it is important to look at sale and locations of use and thought densely populated areas would benefit from review of the use in those areas. Volume 66 - Page 419 City of Newport Beach September 23, 2025 Mayor Pro Tem Kleiman clarified that location of use was a part of her previously considered A-1 item as well as indicated in the title of the agenda item; thanked her colleagues on the City Council for their support; emphasized the importance of putting protections in place for the community; and was fully supportive of moving forward. PUBLIC COMMENTS Jim Mosher noted smoking regulations were addressed in the approval of Agenda Item No 3.; stated that Chapter 6.25 of the Municipal Code would benefit from revisions; and noted this item seems to contain a sweeping moratorium regulating all tobacco retailer businesses in addition to smoke shops. Motion by Councilmember Blom, seconded by Councilmember Weber, to a) Determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262, Section 15060(c)(2), Section 15060(c)(3), Section 15305, and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; b) Adopt Ordinance No. 2025-31, An Urgency Ordinance of the City Council of the City of Newport Beach, California, Establishing a Temporary Moratorium on the Establishment and Operation of New Tobacco Retailer Businesses and the Relocation or Physical Expansion of Existing Tobacco Retailer Businesses, Also Known as Smoke Shops; and q Adopt Resolution No. 2025-64, A Resolution of the City Council of the City of Newport Beach, Cah ornia, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Pertaining to Smoke Shops, Smoking Lounges, and Other Tobacco - Related Businesses (PA2025-0171). Councilmember Grant offered an alternate motion to add a review of the policy to address where smoking is allowed in the City. The motion failed for lack of a second. City Attorney Harp clarified that staff has broad guidance on tobacco and will look at locations for smoking in the City Councilmember Grant reiterated that tY proposed motion would include a review of smoking locations in the City. The motion carried XIII. MOTION FOR RECONSIDERATION - None Mayor Stapleton provided comments in recognition and in memoriam of the life of Charlie Kirk, who demonstrated a dedication to civil discourse and to his family. XIV. ADJOURNMENT IN MEMORIAM - Charlie Kirk Adjourned at 5:49 p.m. The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive, Newport Beach, on September 18, 2025, at 4:00 p.m. Jennifer Farris Assistant City Clerk Joe Stapleton Mayor Volume 66 - Page 420