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Minutes, special meeting

Poway City Council
April 1, 2025

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Minutes, special meeting
Meeting
April 1, 2025
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Poway City Council
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13
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April 1, 2025, Item #2
AGENDA REPORT Cityof Poway
DATE:

TO:

FROM:

April 1, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]

CITY COUNCIL
SUBJECT: Approval of the February 4, and February 18, 2025 Regular City Council Meeting Minutes and the February 24, 2025 Special Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• February 4, 2025 Regular City Council Meeting Minutes • February 18, 2025 Regular City Council Meeting Minutes • February 24, 2025 Special City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.

Recommended Action:

It is recommended the City Council approve the February 4, 2025 and February 18, 2025 Regular City Council Meeting Minutes and the February 24, 2025 Special City Council Meeting Minutes Public Notification:

None.

Attachments:

A. February 4, 2025 Regular City Council Meeting Minutes

8. February 18, 2025 Regular City Council Meeting Minutes C. February 24, 2025 Special City Council Meeting Minutes Reviewed/Approved By:
~tirK~
Assistant City Manager
1 of 13
Reviewed By:

Alan Fenstermacher
City Attorney
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April 1, 2025, Item #2

ATTACHMENT A

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 MayorNice 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:

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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PUBLIC COMMENT:

Anita Edmondson thanked City Staff for hosting the Poway Neighborhood Emergency Corps and Poway Fire Safe Council discussion "How Prepared is Poway?" on January 29, 2025 in Council Chambers.

Janet Lettang thanked City Staff for hosting the Poway Neighborhood Emergency Corps and Poway Fire Safe Council discussion "How Prepared is Poway?" on January 29, 2025 in Council Chambers and spoke regarding the Hazardous Tree Mitigation grant.

Tony Rubino spoke regarding the Winter Festival at Community Park and thanked City staff for accommodating disabled individuals and their families by providing early entry into the event.

Joe St. Lucas discussed the new bus route proposed between Ramona and Poway by the San Diego Association of Governments (SANDAG), he encouraged Council to consider working with volunteers to maintain the area around Twin Peaks.

Yuri Bohlen discussed Sacramento housing mandates and spoke in support of Deputy Mayor De Hoff.

Barbara Luena voiced concerns over Councilmember Blain's conduct and his refusal to publicly address his constituents.

Steve Wickens spoke regarding the traffic calming measures along St. Andrews Drive and encourages the continuation of traffic safety measures in the community.

CONSENT CALENDAR:

Motioned by Mayor Vaus, seconded by Councilmember Pikus to approve Consent Calendar Items 1 through 7. Motion carried 4/0/1 (Blain Absent) by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

De Hoff, Maeda, Pikus, Vaus
None
None
Blain
None

1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda

2. Acceptance of the Midland Road Safety Improvements Project with HMS Construction, Inc., as Complete
John Barton thanked City staff and Traffic Safety Committee for their work on safety improvements to Midland Road.

3. Acceptance of the Traffic Signal Controller Upgrades Project with Econolite Systems, Inc., as Complete

4. Award of Agreement to Queen City Glass Co. for Public Facilities Renovation Window Replacement at the Water Treatment Plant
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5. Award of Agreement to Division 8, Inc. for Public Facilities Renovation Window Replacement at Old Poway Park

6. Award of Agreement to D Ill Transport Corp. for Trucking and Operator Services; RFP No. 25-007

7. Award of Agreement to ACCO Engineered Systems Inc. dba ACCO Engineered Systems for Chiller Replacement; Bid No. 25-006
ORDINANCES FOR INTRODUCTION:

None.

PUBLIC HEARINGS:

8. Tentative Parcel Map (TPM) 21-002, known as Southern Hills Pointe, a Request to Subdivide One Vacant Parcel into Three Single Family Residential Parcels (APN 321-200- 48)
Mayor Vaus opened the Public Hearing at 7:42 p.m.

Associate Planner Mary Piscitelli presented the item along with a PowerPoint presentation.

She explained the proposed tentative parcel map is a three (3) lot subdivision (Parcels 1-3) with an unbuildable remnant parcel dedicated as a Biological Conservation Easement (Parcel A). She provided an aerial image of the site and site map, noting its location and explained each of the subdivision lots are a minimum of one (1) acre, with each parcel meeting the requirements of the Poway Municipal Code (PMC).The Biological Conservation Easement in Parcel A will be approximately 18.82 acres in size.

Ms. Piscitelli explained the project qualifies for a California Environmental Quality Act (CEQA) exemption for a minor land subdivision of property in an urbanized area. She concluded the project meets the objective standards of the PMC and conforms with the General Plan in accordance with State law and the Housing Accountability Act.

Santiago Orvananos, Partner of Dalton Profin LLC, presented on behalf of the applicant and provided a brief overview of the site development concept plan and preliminary renderings of the project.

Public Comment:

Yuri Bohlen spoke neutrally regarding Item #8 and asked if the project was included in the Regional Housing Needs Allocation (RHNA) count.

Associate Planner Piscitelli stated the project was not included in the RHNA.

End of Public Comment.

Mayor Vaus closed the Public Hearing at 7:51 p.m.

Council discussion ensued. Council discussed the Biological Conservation Easement on Parcel A, noting the easement conforms with the City's Habitat Conservation Plan. Staff explained the property owners will continue to pay taxes on the easement to maintain the 5 of 13
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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:

Noes:

Abstained:

Absent:

De Hoff, Maeda, Pikus, Vaus
None
None
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 6 of 13
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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 Council member 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:

Noes:

Abstained:

Absent:

Disqualified:

De Hoff, Maeda, Pikus, Vaus
None
None
Blain
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 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.

Carrie Gallagher, CMC
City Clerk
City of Poway, California
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April 1, 2025, Item #2

ATTACHMENT B
CITY
OF
POWAY
CITY

COUNCIL

REGULAR

MEETING

MINUTES
February
18,
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,
Jenny
Maeda,
Christopher
J. Pikus,
Peter
De
Hoff,
Steve
Vaus
STAFF

MEMBERS
PRESENT:

City
Manager
Chris
Hazeltine;
Assistant
City
Manager
Wendy
Kaserman;
Deputy
City
Attorney
Jayson
Parsons; City
Clerk
Carrie
Gallagher;
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
MayorNice
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:

Deputy
Mayor
De
Hoff
led
the
Pledge
of
Allegiance.

MOMENT
OF
SILENCE:

Mayor
Vaus
led
a
moment
of
silence.

PRESENTATIONS: Poway
Chamber
of
Commerce
Presentation
Mike
Leland,
President
&
CEO
of
the
Poway
Chamber
of
Commerce
presented
the
item
.
9 of 13
April 1, 2025, Item #2
City
of
Poway
-
Minutes
-
February
18,
2025
PUBLIC
COMMENT:

Pete
Neild
spoke
regarding
neighborhood
representation
and
voter
participation
in
the
November
2024
General
Election.

Dale
Davis
spoke
regarding
utilizing
fire
hand
crews
to
clear
open
space
.

Cory
Briggs
announced
having
served
the
City
Clerk
and
Councilmember
Pikus
with
court
documents
pertaining
to
the
validity
of
his
appointment
.

John
Mullin
voiced
concerns
regarding
unlawful
behavior
by
Councilmember
Blain.

Anita
Edmondson
spoke
in
support
of
the
censure
of
Councilmember
Blain
and
voiced
concerns
over
his
refusal
to
fulfil
his
duties
as
an
elected
official.

CONSENT
CALENDAR:

Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
De
Hoff
to
approve
Consent
Calendar
Items
1 through

3. Motion
carried
5/0
by
the
following
roll-call
vote:

Ayes: Noes: Abstained: Absent: Disqualified:

Blain,
Maeda,
Pikus,
De
Hoff,
Vaus
None None None None

1. Approval
of
Reading
by
Title
Only
and
Waiver
of
Reading
in
Full
of
Ordinances
on
this
Agenda

2. Approval
of
the
January
21,
2025
Regular
City
Council
Meeting
Minutes

3. Resolution
No
. 25-003,
Authorizing
the
Purchase
of
One
(1)
Utility
Truck
Body
Utilizing
Omnia
Cooperative
Purchasing
Program
Contract
#159469,
and
Appropriation
of
Funds

ORDINANCES
FOR
INTRODUCTION:

None. PUBLIC
HEARINGS:

None
.

STAFF
REPORTS:

None. WORKSHOPS: None. COUNCIL-INITIATED
ITEMS:
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April 1, 2025, Item #2
City
of
Poway
-
Minutes
-
February
18,
2025
None. COUNCIL

COMMITTEE

REPORTS
and
ANNOUNCEMENTS:

Pursuant
to
AB1234-
(G
.C.
53232(d)) Councilmember
Blain
spoke
regarding
fire
safety
workshops
and
provided
a
brief
history
of
the
Old
Poway
Park
and
train
.

CITY

MANAGER
ITEMS:

None
.

CITY

ATTORNEY
ITEMS:
(Including
any
public
report
of
any
action
taken
in
closed
session)
None
.

CLOSED
SESSION:

None. ADJOURNMENT: The
meeting
was
adjourned
at
7:29
p.m
.

Carrie
Gallagher,
CMC
City
Clerk
City
of
Poway,
California
11 of 13
April 1, 2025, Item #2

ATTACHMENT C

CITY OF POWAY

CITY COUNCIL SPECIAL MEETING

MINUTES
February 24, 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 Special Meeting to order at 3:00 p.m.

ROLL CALL:

Present: Tony Blain (at roll call), Jenny Maeda, Christopher J. Pikus, Peter De Hoff, Steve Vaus Councilmember Blain recused himself from Closed Session Item #1 on the agenda, citing Government Code § 87100. Mr. Blain exited the Chambers following his recusal at 3:00 p.m.

Absent: Tony Blain
STAFF MEMBERS PRESENT:

City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher.
(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 MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, and City Clerk/Secretary.) PLEDGE OF ALLEGIANCE:

Deputy Mayor De Hoff led the Pledge of Allegiance.

MOMENT OF SILENCE:

Mayor Vaus led a moment of silence.

PRESENTATIONS:

None.

PUBLIC COMMENT:

None.
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April 1, 2025, Item #2
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CONSENT CALENDAR:

None.

ORDINANCES FOR INTRODUCTION:

None.

PUBLIC HEARINGS:

None.

STAFF REPORTS:

None.

WORKSHOPS:

None.

COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
No announcements were made.

CITY MANAGER ITEMS:

None.

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.

CLOSED SESSION:

1. Conference With Legal Counsel -Existing Litigation
(Government Code§ 54956.9(d)(1))
One (1) Case; Soto v. City of Poway, et. al.

ADJOURNMENT:

The meeting was recessed into closed session at 3:01 p.m.

City Attorney Fenstermacher reported, the City Council voted 4-0, with Councilmember Blain recused, to authorize the City Attorney to defend the City against the application to file a complaint in quo warranto stylized as Soto v. City of Poway, et. al. 13 of 13
April 1, 2025, Item #2
City
of
Poway
-
Minutes
-
February
24,
2025
The
meeting
was
adjourned
at
3:
16 p.m
.

Carrie Gallagher,
CMC
City
Clerk
City
of
Poway
, California

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