CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
January 21, 2025
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER:
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL -
Present: Tony Blain, Peter De Hoff, Jenny Maeda, Brian Pepin, Steve Vaus STAFF MEMBERS PRESENT:
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Director of Finance Craig Schmollinger; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Brian Mitchell; Captain Claudia Delgado, Sheriff's Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy Mayor/Vice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE:
Mayor Vaus led the Pledge of Allegiance.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence.
PRESENTATIONS:
Mayor Vaus thanked the City's firefighters for their work on the recent Ted Williams Parkway fire and welcomed those recently deployed to assist with the Los Angeles wildfires. Mayor Vaus welcomed new Poway Fire Chief Brian Mitchell.
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PUBLIC COMMENT:
The following individuals spoke under Public Comment:
Dale Davis discussed a proposal to mitigate fire danger on city owned property that borders his home.
Lynn Davis discussed a proposal to mitigate fire danger on city owned property that borders her home.
Steven Stone spoke on behalf of the Green Valley Civic Association (GVCA) and Fire Wise Program in support of Dale and Lynn Davis' proposal.
Hiram Soto raised concerns over voting eligibility of District 1 Councilmember Pepin.
At the request of Mayor Vaus, City Attorney Fenstermacher responded to speaker concerns, and explained that pursuant to relevant statutes, binding case law and Attorney General guidance provided in his supplemental memorandum (included in the agenda packet as part of the City's additional materials), even if you've left your residence, until you establish a new legal domicile, that former residence is your domicile for the purposes of holding office and for voting. He noted that under California law, everyone must have one domicile at all times. Accordingly, Councilmember Pepin is eligible to vote as described in the memo published in the additional material.
Joe St. Lucas thanked first responders for actions associated with the Ted Williams Parkway fire.
Janet Lettang addressed hazardous tree removal concerns and the Hazardous Tree Mitigation grant.
Terri Sorensen spoke on behalf of the Poway Neighborhood Emergency Corps., and discussed the "How Prepared is Poway" community meeting held on January 29, 2025.
Mike Leland thanked first responders for actions associated with the Ted Williams Parkway fire and encouraged civil discourse for all meeting attendees.
Peter Neild noted appreciation for City support for Candy Cane Lane, additionally he voiced disappointment over the lack of public attendance at the latest Traffic Safety Committee meeting.
Dellena Olps voiced former Poway Councilmember conduct concerns.
Ray Wilson spoke in support of recent fire mitigation efforts in Poway but voiced concerns for additional mitigation needed in areas not yet addressed.
Chris Cruse raised concerns over voting eligibility of District 1 Councilmember Pepin.
Charles Grimshaw offered support for previous speakers' fire mitigation proposal.
Tom Eastman offered support for previous speakers' fire mitigation proposal.
Anita Edmondson thanked first responders for actions associated with the Ted Williams Parkway fire and highlighted local safety alerts included on the City's website. 2of8
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William King spoke on the condition of a neighboring storm drain channel and inquired on the progress of hazardous tree removal in Poway.
James Kreifeldt voiced concerns over the condition of eucalyptus and palm trees in Poway and spoke in support of further fire prevention and mitigation efforts.
John Couvrette voiced concerns over District 2 Councilmember Blain's behavior and requested his resignation.
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve Consent Calendar Items 1 through 3. Motion carried 510 by the following roll -call vote:
Ayes: Blain, De Hoff, Maeda, Pepin, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the November 19, 2024, December 3, 2024, and December 17, 2024 Regular City Council Meeting Minutes
3. Approval of Final Parcel Map for Tentative Parcel Map (TPM) 22-0003 (Somerset Road/Janette Lane Urban Lot Split); Bill Yen & Associates, Inc., Applicant (APN 314-242- 05)
ORDINANCES FOR INTRODUCTION:
None.
PUBLIC HEARINGS:
None.
STAFF REPORTS:
4. Discussion and Possible Action to Fill City Council Vacancy City Attorney Alan Fenstermacher presented the item. He explained this item is in follow up to the December 3, 2024 City Council meeting. At that meeting the City Council discussed Councilmember Pepin's notice sent to the City Manager on November 25, 2024 stating he would be resigning from the City Council effective upon his seat being filled with a replacement. The City Council provided direction to staff to initiate an application process to fill the vacancy through an appointment. Applications would be presented for City Council consideration at a future City Council meeting.
Mr. Fenstermacher noted the City Council received six applications. He added each applicant would be given three minutes to present to the Council. Following presentations and Council questions and discussion, Council could vote to make an appointment to fill the District 1 3 of 8
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vacancy, continue the item to a future meeting date, or call a special election. In response to inquiries, Mr. Fenstermacher clarified there is no ability to consolidate elections with the upcoming County special election to fill a vacancy on the Board of Supervisors. He stated the estimated cost for an election to fille the City's vacancy was obtained from the Registrar of Voters and included in the Agenda Staff Report.
Based on the City Clerk's random drawing, the following applicants were called forward to present their qualifications for the position:
1. Gregg Brandalise
2. John R. Carson
3. Peter James Neild
4. Hannah Mondo
5. Ronald Allan Romero
6. Christopher J. Pikus
Applicant Ronald Allan Romero was not present at the meeting.
Public Comment:
The following individuals spoke in support of an appointment for Item #4:
Anita Anders
Diane Robie
Heather Skale
Yuri Bohlen
Bob Bush
The following individuals spoke in opposition to an appointment for Item #4:
Edward Michell
Shawn Hodgetts
Hiram Soto
Chris Olps
Amit Asaravala
Jim Bunner
Frida Brunzell
Melissa Morris
Deborah Barton
Chris Cruse
The following individuals spoke neutrally on Item #4:
Delenna Olps
Alison Park
Peter Neild
Anita Edmondson
John Couvrette
The following submitted written comment cards in support of an appointment for Item #4:
Dianne L Smith
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The following submitted written comment cards in opposition to an appointment for Item #4:
Esta Browning
Carl Browning
Gabriel Diaz 111
Theresa Edwards
Gordon Carson Struthers
Lorena Davies
Donna Struthers
Jennifer Boyce
Joe St. Lucas
Leslie Vanslager
Christine Vickers
Heather Jalisi
Jana Johnson
Frank Clark
Diana Newland
Marisol Morales
Jayson Phillips
Cindy Hicks
Celeste Larson
Marianna Benedict-Bacilla
Virginia Straeter
Barbara Diederichs
Phyllis Collins
End of Public Comment.
Council discussion ensued. Applicants were commended and thanked for their interest in the District 1 position. Council detailed the applicable section of the Government Code and practices of the State of California, noting the appointment method for filling vacancies is both permissible and common place in similar jurisdictions.
A majority of the City Council discussed the importance of continuous representation for District 1 residents because of several important issues that will be coming before the City Council prior to when a special election could be held, including setting the four-year water rate structure, approval of the annual budget and capital improvement program, and potential development projects. They noted past appointments having a proven track record of success in providing good governance and fair representation. Other Councilmembers expressed appreciation for those who had applied for District 1, noting how impressed they were with the applicants, but felt the seat should be filled through a special election process.
Council addressed improper pressure and alleged ethical and criminal violations, including extortion, vote trading, intimidation and quid pro quo corruption by Councilmember Blain.
Motioned by Councilmember Maeda, seconded by Councilmember Blain to have a mail -in only Special Election on August 26, 2025 to fill the District 1 Vacancy. Motion failed 2/3 by the following vote:
Ayes: Blain, Maeda
Noes: De Hoff, Pepin, Vaus
Abstained: None
Absent: None
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Disqualified: None
Motioned by Councilmember De Hoff, seconded by Mayor Vaus to appoint Christopher J. Pikus to fill the vacant District 1 City Council seat to serve until the current District 1 term ends following the results of the November 3, 2026 General Election. Motion carried 3/2 by the following vote:
Ayes:
De Hoff, Pepin, Vaus
Noes:
Blain, Maeda
Abstained:
None
Absent:
None
Disqualified:
None
Outgoing Councilmember Pepin exited the dais.
City Clerk Gallagher administered the Oath of Office to newly appointed Councilmember Christopher J. Pikus. Councilmember Pikus then took his seat on the dais.
5. Appointment of Deputy Mayor for 2025
City Attorney Alan Fenstermacher presented the item. He explained state law and the Poway Municipal Code requires Council to appoint a Deputy Mayor for a term of one year. He noted the appointment is typically made the same meeting following certification of the election results. At the December 17, 2024 Regular City Council meeting, the appointment item resulted in a 2-2 vote and did not pass. The item is being brought forward again for Council consideration.
Public Comment:
The following individuals spoke in support of Item #5:
Anita Anders
Yuri Bohlen
End of Public Comment.
Motioned by Mayor Vaus, seconded by Councilmember Pikus to appoint Councilmember De Hoff to serve as Deputy Mayor for the one-year term commencing January 21, 2025. Motion carried 3/2 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
WORKSHOPS:
None.
De Hoff, Pikus, Vaus
Blain, Maeda
None
None
None
COUNCIL -INITIATED ITEMS:
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6. Appointment to Regional Agencies' Boards, Commissions and Committees for 2025 Mayor Vaus presented the item. He announced the selection of the following appointments to the Regional Agencies' Board, Commissions and Committees for calendar year 2025:
Mayor Vaus noted the substitution of Councilmember Pikus in place of Councilmember Pepin as previously outlined in this evening's Agenda Report.
1. San Diego Division League of California Cities
a. Primary: Jenny Maeda
b. Alternate: Christopher J. Pikus
2. Metropolitan Transit System (MTS) Board of Directors a. Primary: Steve Vaus
b. Alternate: Peter De Hoff
3. San Diego Association of Governments Board of Directors a. Primary: Steve Vaus
b. 1 st Alternate: Peter De Hoff
c. 2nd Alternate: Christopher J. Pikus
4. Metro Wastewater Commission/Joint Powers Authority (JPA) a. Primary: Peter De Hoff
b. Alternate: Director of Public Works
5. San Dieguito Riverpark Joint Powers Authority (JPA)
a. Primary: Jenny Maeda
b. Alternate: Christopher J. Pikus
6. City of Poway/PUSD Joint Use Subcommittee for Interjurisdictional Cooperation a. Primary: Peter De Hoff
b. Alternate: Steve Vaus
7. Regional Solid Waste Association (RSWA)
a. Primary: Peter De Hoff
b. Alternate: Christopher J. Pikus
8. Goodan Ranch Policy Committee
a. Primary: Jenny Maeda
b. Alternate: Director of Community Services
Public Comment:
None.
End of Public Comment.
Motioned by Mayor Vaus, to appoint Primary and Alternate members to the various Regional Agencies' Boards, Commissions and Committees for calendar year 2025, and for newly appointed Councilmember Pikus to replace outgoing Councilmember 7of8
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Pepin's assignments on the Regional Agencies' Boards, Commissions and Committees. Motion carried 4/1 by the following vote:
Ayes:
De Hoff, Maeda, Pikus, Vaus
Noes:
Blain
Abstained:
None
Absent:
None
Disqualified:
None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember Blain provided a statement regarding campaign contributions made by City Attorney Alan Fenstermacher.
City Attorney Alan Fenstermacher responded to allegations made by Councilmember Blain.
Councilmember De Hoff provided a statement addressing Councilmember Blain's alleged improper activities, and indicated he wished to have an item proposing a formal censure be brough back at a future City Council meeting.
A motion was made by Councilmember De Hoff to initiate discussion to consider a formal censure of Councilmember Blain at the February 4, 2025 Regular City Council meeting.
Motion carried without opposition.
CITY MANAGER ITEMS:
City Manager Hazeltine announced he filed a complaint with the City's Human Resources Department against Councilmember Blain for bullying, threatening, intimidating and retaliatory behavior.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
None.
ADJOURNMENT:
The meeting was adjourned at 10:19 p.m.
Carrie Gallagher, CIVIC
City Clerk
City of Poway, California
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