Council approves consent items, reappoints planning commissioner and adopts tobacco retailer regulation; votes at a glance

At the City Council meeting on Oct. 24 the council approved the consent calendar, reappointed a planning commissioner and adopted a tobacco retail regulation ordinance. Council approved the consent calendar items by vote and later took separate action on items pulled for discussion.

Votes at a glance (formal actions on Oct. 24)

- Consent calendar (Items D1 through D5, excluding items pulled for discussion): Approved 5-0. The consent calendar included routine administrative approvals such as audited demands and budget amendments tied to existing projects; items D3 (planning commission reappointment) and D6 (tobacco ordinance) were pulled for separate consideration.

- Reappointment to Planning Commission (Item D3): The council reappointed Lori Bogosic to the Planning Commission (unanimous vote). The appointment was moved by Vice Mayor Freitas and seconded by Councilmember Apodaca per the meeting record; the vote passed unanimously.

- Ordinance adding Chapter 5.42 (Tobacco Retailer Center) to the Newark Municipal Code (Item D6): The council conducted a second reading and adopted the ordinance regulating tobacco retail establishments across the city. Councilmember Collazo and Councilmember Apodaca recused themselves from the vote because they each disclosed real property interests within 500 feet of retailers that the ordinance would regulate; the ordinance passed 3-0 with the three non-recused councilmembers voting in favor.

Brief context and recusals

City staff said the tobacco ordinance was introduced at the prior meeting and that the item was removed from the consent calendar only to allow council to note the recusals. Councilmember Collazo disclosed multiple rental and commercial properties within 500 feet of regulated retailers; Councilmember Apodaca disclosed 35122 Lido Boulevard as a property within 500 feet of a regulated retailer. Both recused and did not participate in the final vote.

Outcome and next steps

- The reappointment of Lori Bogosic takes effect immediately; staff will complete the paperwork. No public comment was received on that appointment when the item was reopened for public comment.

- The tobacco retail ordinance will be codified as Chapter 5.42 of the Newark Municipal Code; the city clerk will publish and file the ordinance as required and staff will implement the code changes consistent with the ordinance's effective date.

Ending

Council approved the consent calendar and moved forward with the tobacco retailer regulation despite two recusals; staff will follow up on ordinance implementation details and complete the reappointment paperwork for the planning commissioner.