CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
February 4, 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: Peter De Hoff, Jenny Maeda, Christopher J. Pikus, Steve Vaus
Absent: Tony Blain
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, Council member/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:
Deputy Mayor De Hoff led the Pledge of Allegiance.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence.
PRESENTATIONS:
Fire Department Presentation
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land. Council responded positively to the preservation of the trails and the minimal impact on traffic. Council clarified the parcel would be re -zoned as Open Space.
Responding to questions, City staff noted the project will count toward the City's Regional Housing Needs Assessment (RHNA) numbers but it is market rate housing and therefore will not address very low or low-income housing units included in the City's RHNA allocation.
Motioned by Deputy Mayor De Hoff, seconded by Mayor Vaus to approve Resolution No. 25-001 entitled "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map (TPM) 21-002, known as Southern Hills Pointe, a Request to Subdivide One Vacant Parcel into Three Single -Family Residential Lots, Assessor's Parcel Number 321-200-48." Motion carried 4/0/1 by the following roll -call vote:
Ayes:
De Hoff, Maeda, Pikus, Vaus
Noes:
None
Abstained:
None
Absent:
Blain
Disqualified: None
STAFF REPORTS:
None.
WORKSHOPS:
None.
COUNCIL -INITIATED ITEMS:
9. Censure of Councilmember Tony Blain
Deputy Mayor De Hoff presented the item. He stated each Councilmember has a responsibility to uphold the ethical integrity of the Council as a whole, and ethical misconduct must be publicly acknowledged and firmly condemned to protect the Council's legitimacy and to maintain the public's trust.
Deputy Mayor De Hoff explained this motion of censure focuses on three sets of offenses, all of which occurred after Councilmember Blain took his oath of office. The first offense is attempting to engage in illegal vote trading; the second offense is exercising inappropriate external influence and threatening adverse action against a councilmember and appointee applicants; and the third is attempting to use law enforcement to silence and intimidate residents.
Deputy Mayor De Hoff detailed the offenses and discussed the evidence presented along with the recommendation for censure in the agenda report. This information included documented writings of Councilmember Blain offering to vote for Councilmember De Hoff's appointment as Deputy Mayor in exchange for his support of a special election, Councilmember Blain's threatened recall efforts against Deputy Mayor De Hoff and now Councilmember Pikus based on their votes in support or in opposition to specific items. Lastly, he described how 4of6
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Councilmember Blain directed the City Manager and City Attorney to file reports with the Sheriff's Department against residents critical of his behavior.
Deputy Mayor De Hoff concluded by stating Councilmember Blain's documented misuse of authority and evidence of wrongdoing are in clear violation of the ethical standards of an elected official, and enough to support the motion of censure.
Public Comment:
Anita Edmondson spoke in support of Item #9 and called for the resignation of Councilmember Blain.
Yuri Bohlen spoke in support of Item #9 and called for the resignation of Councilmember Blain.
End of Public Comment.
Council discussion ensued. Council detailed a pattern of inappropriate behavior by Councilmember Blain against City staff, Councilmembers, committee volunteers and constituents. Council discussed the purpose of a censure hearing, noting Councilmember Blain's absence on the dais. They discussed the documented evidence of criminal behavior, including vote trading, extortion, bribery, and unlawful use of law enforcement, as well as the destruction of public records and other Brown Act violations.
Council noted the resolution to censure a councilmember is the first in Poway's 45-year history.
Motioned by Deputy Mayor De Hoff, seconded by Mayor Vaus to approve Resolution No. 25-002 entitled "A Resolution of the City Council of the City of Poway, California, Censuring Councilmember Arthur (Tony) Blain for Violations of Council Policies, Poway Municipal Code, and Related Misconduct." Motion carried 4/0/1 by the following roll -call vote:
Ayes:
De Hoff, Maeda, Pikus, Vaus
Noes:
None
Abstained:
None
Absent:
Blain
Disqualified:
None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember Maeda reported attending the League of California Cities Mayor and Council Members Academy in Garden Grove from January 29 through January 31, 2025.
Councilmember Pikus encouraged residents to submit applications for vacancies on the Budget Review Committee and the Parks and Recreation Advisory Committee, and invited residents to attend the City's Traffic Safety Committee meetings.
Mayor Vaus provided additional background on the San Diego Association of Governments (SANDAG) discussions regarding the Highway 67 expansion and the new route between Ramona and Poway.
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City of Poway — Minutes — February 4, 2025
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) Eric Vail, Special Counsel to the City, reported out the City Council was briefed on Agenda Item #10. The City Council directed staff and special counsel to hire an independent investigator to investigate the complaints reflected on the agenda.
Regarding Agenda Item #11, City Attorney Alan Fenstermacher reported out the City Council authorized the initiation of litigation.
CLOSED SESSION:
10. Conference with Legal Counsel — Anticipated Litigation Pursuant to Government Code section 54956.9(d)(2) - Significant Exposure to Litigation Number of Matters: Three (3)
Three (3) Personnel Complaints
11. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code section 54956.9(b) - Significant exposure to litigation and Initiation of Litigation Government Code section (§ 54956.9(c)) Number of Matters: Two (2)
Mayor Vaus recessed the Regular City Council meeting into Closed Session at 8:28 p.m.
ADJOURNMENT:
The meeting was adjourned at 10:19 p.m.
/'A/ A Aid lele, A 17- I A
Carrie Gallagher, CMC
City Clerk
City of Poway, California
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