Item 3 - Attachment A - Attachments to the Executive Summary of Investigative Findings City of Poway - City Manager Chris Hazeltine — Poway City Council, July 1, 2025 (part 2 of 4)

The citizens and businesses of Poway are entitled to responsible, fair and honest local government which has earned the public's full confidence for integrity. The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to those they serve.

Accordingly, the Poway City Council has adopted this Code of Ethics to:

1. Describe the standards of behavior to which its leaders aspire;

2. Provide an ongoing source of guidance to City officials in their day-to-day service to the City; and

3. Promote and maintain a culture of ethics.

This Code of Ethics builds upon the City of Poway's Ideals, which include:
• Open and Honest Communication at All Times;
• Mutual Respect; and
• Honor of the Public Trust as Stewards of the Community.

Elected officials, officers, employees, members of committees and commissions, and volunteers shall comply with the laws of the nation, the State of California and the City of Poway in the performance of their public duties. These laws include, but are not limited to:
the United States and California constitutions; the Poway Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.

The purpose of this Code of Ethics is to set a standard of conduct for all elected officials, officers, employees, members of committees and commissions, and volunteers for the City of Poway. The Code will be reviewed and evaluated periodically. 20 of 24 ATTACHMENT C February 4, 2025, Item #9
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Resolution No. 056

Page 4 ends

We maintain Open and Honest Communication at All Times
• I am honest and forthright with my fellow officials, the public and others, even when it is uncomfortable to do so.
• I encourage diverse public engagement in our decision-making processes and support the public's right to know.

We maintain Mutual Respect
• I treat my fellow City officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community . • I promote consistency, equity and non-discrimination in public agency decision-making.

We Honor the Public Trust as Stewards of the Community
• I am a steward of the public trust.
• I understand that the community expects me to serve with dignity and respect for my office, as well as to be an agent of the democratic process acting in the public interest. • I avoid actions that might cause the public to question my independent judgment. • I do not use my office or the resources of the City for personal or political gain. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents . • I understand that as an elected official, or as a representative appointed by the City Council, I cannot act on behalf of, or commit the City to any action or policy that has not been authorized by the City Council.
• I am prepared to make decisions in the public's best interest based on the merits and substance of the matter at hand, and to take responsibility for my actions, whether those decisions are popular or not.

We will hold ourselves as individuals and the City of Poway organization as a whole accountable for acting consistently with this Code of Ethics. 21 of 24
Adopted June 6, 2006
Amended October 16, 2012
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RESOLUTION NO. 25-

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
WHEREAS, the City of Poway is a municipal corporation and general law City in the state of California;
WHEREAS, the United States Supreme Court has long recognized the practice of censuring legislative body members, which has been more commonly observed at the state and local level, and as early as 1833 (Houston Community College System v. Wilson (2022) 595 U.S. 468,475);
WHEREAS, public officials have the authority to censure an individual member of a legislative body (Braun v. City of Taff (1984) 154 Cal.App.3d 332, 347-348); WHEREAS, in addition to this common law authority, section of 2.04.100(0) of the Poway Municipal Code ("PMC") also expressly authorizes the City Council to censure an individual member of the City Council, by majority vote, for any violations of the PMC, including but not limited to the other provisions of section 2.04.100;
WHEREAS, a censure is one approach of distancing the public agency from inappropriate and/or unlawful behaviors that interfere with the agency's ability to conduct the public's business and protect its employees and the public;
WHEREAS, PMC section 2.04.1 O0(A) states that "the professional and personal conduct of members of the City Council must be above reproach and members should take steps to avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, commissions, boards and committees, the staff or public;" WHEREAS, Councilmember Blain's (1) attempts to engage in vote trading with Councilmember De Hoff, (2) threating to take adverse action, including initiating a recall, against Councilmember De Hoff if he did not vote as Councilmember Blain desired, (3) apparently following through on that threat, and (4) threatening an applicant for the open City Council seat with the same adverse action, is improper, abusive, unprofessional, unbecoming of a Councilmember, and likely felonies under the California Penal Code 86 (see, Attachment A to the February 4, 2025 agenda report);
WHEREAS, Councilmember Blain's attempts to use law enforcement against members of the public in response to their negative, but non-threatening, emails to his official City email account, and informing members of the public to never email his official City email account again or he will call law enforcement, is an abuse of City and County resources, improper, abusive, unprofessional, unbecoming of a Councilmember, and likely unlawful under the First Amendment and otherwise (see, Attachment B to the February 4, 2025 agenda report); WHEREAS, such abusive, unprofessional, threatening, reckless, potentially felonious and otherwise unlawful behavior not only poses legal risks to the City and Councilmember Blain 22 of 24 ATTACHMENT D February 4, 2025, Item #9
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personally, but also has the potential to compromise the City's reputation, strategic objectives, relationships with staff, current and potential outside consultants and contractors, and erode the public's trust in its leadership;
WHEREAS, the conduct discussed above qualifies, at a minimum, as the appearance of impropriety, and likely actual impropriety (i.e., illegal conduct), in violation of PMC section

2.04.1 00(A);
WHEREAS, the conduct discussed above also qualifies as abusive conduct against Councilmember De Hoff, now Councilmember Pikus, and several members of the public, in violation of PMC section 2.04.100(A);
WHEREAS, the conduct discussed above and evidenced in Attachments A and B also violates the City's Code of Ethics, available on the City's website at https://poway.orgl4941Code of-Ethics, as Councilmember Blain's conduct failed to maintain open & honest communication, mutual respect, or honor the public trust; and
WHEREAS, the subject member, Councilmember Tony Blain, was given an opportunity to be heard prior to a vote on the censure, which the Council provided during the City Council's February 4, 2025, regular open session meeting.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: That the above recitals are true and correct, and are incorporated herein by this reference, as if set forth fully herein;
SECTION 2: The City Council hereby finds that Councilmember Blain has violated PMC section 2.04.100 with the unlawful and abusive conduct described in the recitals above, the February 4, 2025 agenda report regarding the proposed censure, and Attachments A and B thereto.

SECTION 3: The City Council hereby finds that Councilmember Blain has violated the City's Code of Ethics with the unlawful and abusive conduct described in the recitals above, the February 4, 2025 agenda report regarding the proposed censure, and Attachments A and B thereto
SECTION 4. Councilmember Blain is hereby censured for these violations of PMC section

2.04.100 and the City's Code of Ethics.

SECTION 5. Councilmember Blain is directed to refrain from taking any adverse, punitive, or other retaliatory action against any person who participated or whom he perceives participated in this censure.

SECTION 6. This Resolution shall take effect immediately.

II
II
II
23 of24 February 4, 2025, Item #9
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on this 4th day of February, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DI SQUALi Fl ED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, City Clerk
24 of 24 February 4, 2025, Item #9
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18 18

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1 From: Fenstermacher, Alan <[email protected]>
Sent: Wednesday, January 15, 2025 4:42 PM
To: Jodene Dunphy <JDunphy@poway.
org>
Cc: Chris Hazeltine <[email protected]>
Subject: FW: Jan. 21 meeting

EXTERNAL EMAIL
Jodene – I would like to re-engage and formally file a complaint. See attached. Just a few hours before seeing the below email, in the attached email I said I was worried he would retaliate against me for bad news, that is exactly what hes attempting to do, below. This is combined with the previous harassment and bullying.

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication
.

This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
246 of 2175
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2 From: Alan Fenstermacher <[email protected]>
Sent: Wednesday, January 15, 2025 4:29 PM
To: Fenstermacher, Alan <[email protected]>
Subject: FW: Jan. 21 meeting

From: Chris Hazeltine <[email protected]>
Sent: Wednesday, January 15, 2025 4:28:58 PM (UTC-08:00) Pacific Time (US & Canada) To: Alan Fenstermacher <[email protected]>
Subject: FW: Jan. 21 meeting

From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 3:48 PM
To: Patty Fletcher <[email protected]>; Chris Hazeltine <[email protected]> Subject: Jan. 21 meeting

Please add this PDF as my only Council presented item on Jan. 21.

Tony Blain
Councilmember
City of Poway
858-248-1509

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Schedule A (Continuation Sheet) SCHEDULE A {CONT )
Statement covers period

Monetary Contributions Received OR A460
fom orovenao OR U
theough Ce're2020 Page 29 of _
HAME OF FILER O. NUMBER
Vaus for Supervisor 2020 1416867
t Ss: DP ox CONT F AN NOKVOUAL. ENTER AMOUNT CUMULATIVE TO DATE PER LECTION renee La ocet, AND EMPLOYER RECEVED CALERNOAI YEAR TO DAT CaM a Ee, EG THIS PERCO WAN t. DEC 31 F REQUIRED) IND Owner
Jeffrey Essakow _} COM Protes Properties LLC 850 00 P-20 #1072020 _) OTH 0.00 0 00 $60.00 G20
pty .

La Jolla CA 92037 5 $cc
lv] IND CFO
Gregory L_Etter _} COM Atomic Inwesiments inc 850.00 P.20 17/2020 } OTH 850.00 850.00 ; 1 PTY 850.00 6-20 El Cajon CA 92020 } sec
Z) IND Homermabier
Modi Farkash _) COM NA P
J OTH £00.00 0.00) Oe owe
Rancho Sarta Fe CA 92067
+
John Farkesh
82272020 500.00 500.00] $20 90
Banco Sarta Fe CA 92067
Alan Ferstormachor _
100.00 360.00 = ° pe
Newport Beach CA 92661 CO) sec
a tustotas —— Nint.00
f}
O

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Page
NAME OF FLER 0. NUMBER
Vaus tee sangeer

Y NON IJAL. ENTER AMOUNT CUMAATIVE TO DATE PER CLECTION 4 AND EVPLOVER Receven ENOAR YEAR TOCATE
0, ENTER Manel THiS PER Dm). CEC 31 F REQUIRED:

PULL NAME, STREET ADCR — AND DP CODE OF CONTRIBUTOR | CON amaTTt. Riso 0 Meee

NI Anomey
Routan and Tucker David Cosgrove

100.00 100.00} 100.00 P.20
=) costa Mesa CA 02626 _) scc
- a Lo |Weo Cat Engineer
Schedule A (Continuation Sheet) Anmcvunes enay be ronsncied SCHEDULE A (CONT ) whole dollars.

Monetary Contributions Received Stotement covers parted ALIFORNIA ABQ) from cone2o20 OR U
through oenar2020 Page 1? __ of __%2
WAME OF FLER 0 NUMBER
Vaus for Supervisor 2020 1416087
CATE FULL NAME, STREET ADORESS AND ZP CODE OF CONTRIBUTOR | CONTRIBUTOR 9 AN BEIVCUM. ENTER AMCLINT ULATIVE TO DATE PER ELECTION RECEMED f COMMETTER. ALO ENTER LO NUMER ane © RECEIVED ALENOAR YEAR TO CATE o cooe THIS PERICO JAN ¢. DES 31. * REQU RED)
f} IND
Den Feidman L) COM 0.00 P-20 6202020 9 860.00 850.00] a60 09 6-20 San Diego CA 92121 Mm) see
Prosicere
Uri Feldman Svaroed Eaterptese 850.00 P.20 no 1.00 P.2 6726/2020 850.00 850.00] 955.09 6-20 Alan Fenstermac 200.00 P20 ; 200.00 P.2 6/15/2020 390006-20 ne os ter Management
Bret Feversien a Mira Vesa Snoppng Center
6/14/2020 360.00 30.00] 360.00 G-20
La Jolie CA 92037
} Momenaber
Diane Foversien NA
6142020 360.00 360.00] 360.00 G-20
La Jolla CA 92037
SUBTOTAL $ 2,650.00

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1 From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 2:55 PM
To: Fenstermacher, Alan
Subject: Re: please call me
Nope
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]>
Sent: Wednesday, January 15, 2025 2:50:37 PM
To: Tony Blain <[email protected]>
Subject: RE: please call me

EXTERNAL EMAIL
Franky, I am more comfortable communicating via email given the potential serious implications of what has occurred. I want my advice to be on record if this matter ever gets to a criminal proceeding, and do not want to be accused of saying something I did not. On several occasions, you have threated to report me to the state bar on me for not giving the answer you wanted (or for no reason at all), emailed me demanding my resignation every other day for weeks in October and November (including twice on holidays, at night), etc., so I certainly do not know if I can trust you in this type of a situation. Based on this past behavior and what I have seen in the more recent emails, I am worried you will take adverse action against me if I do not do what you want with respect to these potential crimes, which again, appear to include both vote trading and threating adverse action against your colleagues if they do not vote as you wish them to.

Additionally, at this point I need to look after the interests of the City and protecting it from liability. You have not taken (or perhaps misunderstood) my advice on other issues, despite repeated advice on topics such as the Brown Act, and First Amendment issues relating to social media use. I would like all my advice to be clear and in writing. I will answer your questions in writing. Hopefully you can understand that.

This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
250 of 2175
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2 From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 2:27 PM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: please call me

Please call me

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]>
Sent: Wednesday, January 15, 2025 2:25:56 PM
To: Tony Blain <[email protected]>
Subject: RE: please call me

EXTERNAL EMAIL
Councilmember Blain –

Sorry for the delay past 1:30. I saw you called again as well, but I am on the other line/in another zoom meeting.

However, I can handle questions in writing if you’d like during certain portions of this.

With respect to the below, I am not sure if you asking if your emails that were posted to the agenda report violated the Brown Act. In of themselves, unlikely, but if you emailed other Councilmembers about how you were voting on the Deputy Mayor or special election items, potentially yes. I think you may have done his, but I am not sure. Per my repeated, previous advice regarding the Brown Act and digital violations, you cannot send any communications (whether emails, texts, social media messages, etc.) to two different Council members where you inform them both how you plan to vote on any specific item, or otherwise discuss your vote.

However, I would be (and am) more concerned about the emails because of vote trading, which is a form of bribery that is a felony. I am not an expert in criminal law, but as a City Attorney I do know that vote trading is illegal, in fact, it’s a bullet on my slide deck that I presented to all candidates at the candidate forum. One of your email chains with Councilmember DeHoff appears to be soliciting vote trading. Take a look at Penal Code section 86:
https://codes.findlaw.com/ca/penal-code/pen-sect-86/. I would also be concerned about threatening adverse action against a fellow Councilmember if they failed to vote your way on a certain item coming before you, but I am not an expert. Take a look at Penal Codes sections 165 & 518, as well. FYI, I cannot advise you on any defense if any future criminal matter comes of this, and have to represent the City as the municipal corporation.

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the 251 of 2175
July 1, 2025, Item #3
3 electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 2:09 PM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: please call me

Please call me

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 11:41:52 AM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: please call me

Brown Act?

Mayor Vaus parading my Pikus and DeHoff e mails

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]>
Sent: Wednesday, January 15, 2025 11:40:33 AM
To: Tony Blain <[email protected]>
Subject: Re: please call me

EXTERNAL EMAIL
I am in back to back meetings until at least 130 - what is the topic?

On Jan 15, 2025, at 11:36 AM, Tony Blain <[email protected]> wrote:

please call me

Tony Blain
Councilmember
City of Poway
858-248-1509
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19 19

19 19
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From: Tony Blain
To: Chris Hazeltine; Fenstermacher, Alan
Subject: Apology
Date: Wednesday, January 22, 2025 2:57:04 AM
I owe you both apology. I knows it’s not going to resolve everything, but I felt bad tonight hearing your points of view. I will try my best to listen and learn and simply keep quiet next few months ok.

Thank you for being actively involved — it is very much appreciated / please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

General Service Request
https://poway.org/270/Service-Request
Water

https://poway.org/317/Water
Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.
https://poway.org
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Please e-mail us all in 2 weeks for response if we do not respond sooner.

20 20

20 20
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1 From: Fenstermacher, Alan <AFensterm
[email protected]>
Sent: Friday, January 24, 2025 7:22 AM
To: Jodene Dunphy <[email protected]>; Wendy Kaserman <[email protected]> Subject: Fwd: HR

EXTERNAL EMAIL
The retaliation continues. I view this playing the victim game as another form of bullying and retaliation, which he has done before, I’ll send those others from about a week ago. I assume it’s not even possible to file a complaint against a subordinate, after they have filed their own against you Alan Fenstermacher
949 500 8247
Begin forwarded message:

From: Tony Blain <[email protected]>
Date: January 24, 2025 at 6:49:55 AM PST
To: Chris Hazeltine <[email protected]>, "Fenstermacher, Alan" 257 of 2175
July 1, 2025, Item #3
2 <[email protected]>, City Clerk <[email protected]>, Wendy Kaserman <[email protected]>, Patty Fletcher <[email protected]> Subject: HR

This is a formal request to have Poway HR present or on phone or CC:’d on all future communications and interactions. I feel bullied, threatened, and harassed by Hazeltine’s and Fenstermacher’s recent e mails and behavior and Fenstermacher’s public anger & profanity toward me at the last City Council meeting.

Please CC: this to HR as my formal HR complaint against both of them.

Please note that our email communications are subject to public disclosure

Thank you for reaching out. I will be reading this at my earliest opportunity.

Unfortunately I will not be able to respond via email. Call my cell phone 858-248-1509 if you want to speak or meet privately (please do NOT text).

Please note that City Councilmembers are not allowed to speak to any City staff on your behalf — we are only allowed to speak to the City Manager in the Poway Council- Manager form of city government.

Thank you for being actively involved — it is very much appreciated. Please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall.

https://poway.org

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall).

General Service Request

https://poway.org/270/Service-Request

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3 Water

https://poway.org/317/Water

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

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21 21

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From: Tony Blain
To: Chris Hazeltine; Fenstermacher, Alan
Cc: Tony Blain
Subject: Re: Workman’s Comp
Date: Wednesday, February 12, 2025 3:55:40 PM

EXTERNAL EMAIL
I never heard that
Copy
Sent from Yahoo Mail for iPhone
On Wednesday, February 12, 2025, 3:50 PM, Chris Hazeltine <[email protected]> wrote:

Councilmember Blain –

I have been instructed by special legal counsel, pursuant to their and the City Council’s direction, I am not permitted to contact you, and the same is true for Alan.

I understand you have received the same instructions about contacting me and/or Alan. Thus, please contact Wendy Kaserman and/or Alisha Patterson for all matters, including this one. As you know, Jodene Dunphy is the City’s HR Director, and you can contact her directly as well, specifically regarding the Subject of this email’s stated purpose.

I wish you well managing your medical issue.

Thanks

-Chris

From: Tony Blain <[email protected]>
Sent: Wednesday, February 12, 2025 2:14 PM
To: Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>
Cc: Tony Blain <[email protected]>
Subject: Workman’s Comp

EXTERNAL EMAIL

Poway City Manager & Attorney,

Please tell me how to file Workman’s Comp and formal HR complaint for medical issue I am experiencing.
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Sending and CC:ing from my personal e mail as I at doctor’s office and no access to City e mail until later.

Thank you in advance for your caring and help with this sensitive issue. I do not give you permission to share this e mail or issue with anyone.

Thank you,
Dr. Blain

Sent from Yahoo Mail for iPhone
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From: Tony Blain
To: Chris Hazeltine
Cc: Troy DePriest
Subject: Re: Traffic issues
Date: Saturday, February 22, 2025 11:28:32 AM
Meet in person soon? And I will speak on these topic at end of meeting? Get Outlook for iOS
From: Tony Blain <[email protected]>
Sent: Tuesday, February 11, 2025 11:35:35 AM
To: Chris Hazeltine <[email protected]>
Cc: Troy DePriest <[email protected]>
Subject: Fw: Traffic issues

City Manager,
Please address this with following resident - thank you.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water

https://poway.org/317/Water
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Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.
https://poway.org
Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From:

Sent: Tuesday, February 11, 2025 10:33 AM
To: Tony Blain <[email protected]>
Subject: Traffic issues

You don't often get email from Learn why this is important

EXTERNAL EMAIL
Hi Tony
I live in Green Valley and in the past Barry Leonard was able to help with calming the traffic in our neighborhood and preventing accidents due to speeders/carelessness. I’ve noticed some issues that you might be instrumental in getting the police to address:
1) Pomerado Road between I-15 and Rancho Bernardo Road-speed is averaging 20 miles over the speed limit with some drivers driving in excess of 80 mph. This is especially true between 7 PM and 7 AM. There is a general disregard for cyclists and it is very dangerous for cyclists and pedestrians when vehicles are flying by them between 60 and 80 miles an hour faster. 2) On Espola Road east of Pomerado Road twice last spring at the Espola/Valle Verde intersection we encountered drivers exceeding 90mph in the middle of the day. Many drivers are significantly exceeding the speed limit, again more common between 7 PM and 7 AM. 3) The intersection at Stone Canyon Road and Del Norte: people regularly blow through the stop sign if they think nobody’s watching. This will occur on just about any day between 8 PM and 7 AM.
264 of 2175
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1 From: Fenstermacher, Alan <AFensterm
[email protected]>
Sent: Tuesday, March 11, 2025 2:35 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Tony, and all Council (BCC)-
I have reviewed your four emails regarding remote participation in Council meetings from the middle of last night and this morning, and your threats directed at my colleague. I have had to step in here as multiple items require the entire City Council to be aware of.

Moving to the content of your emails – Alisha provided you with state law (the Brown Act) regarding remote appearances, which I previously spent hours explaining to you in December and January, and even earned a rare thank you from you. However, you continue to waste our time with requesting the same information or perhaps you are testing the water to see if you will get different answers from different staff or a different attorney. We do not make the law. This also has nothing to do with “kicking you off council”- that is nonsensical. Whether or not you participate remotely has no bearing on your tenure on City Council. It bears repeating, since I have often had to send you the same information over and over- whether or not you remotely participate in a Council meeting has nothing to do with whether you can stay on City Council.
265 of 2175
July 1, 2025, Item #3
2 With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

I also welcome a call from JAG, perhaps they have other remote participation solutions or can explain details of your deployment. I always welcome input from professionals. Such information would be helpful since in your initial email to Wendy and Alisha you indicated you have an upcoming deployment (your online posts indicate the deployment is imminent) yet the City has not received copies of your deployment orders, which you said were forthcoming.

The paranoia I see below and in other emails you sent Alisha this morning is reminiscent of our very first interaction in the spring/summer of 2024, where you were convinced that I was trying to prevent you from filing your nomination papers to run for City Council when you were on deployment. As you may recall, despite being faced with very similar vitriol, the exact same threats, and no assistance from you, I did the opposite, and actually found the law allowing you to do so.

Alan B. Fenstermacher

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

I will give you until about 10 AM to call my cell, then I will be going to every single San Diego County, state, and national news outlet stating that you and Alan Fenstermacher and Mayor Vaus are trying to kick me off of Poway City Council as a result of my upcoming Army Reserve deployment.

266 of 2175
July 1, 2025, Item #3
3 Have a great day!

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 267 of 2175
July 1, 2025, Item #3
4 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

268 of 2175
July 1, 2025, Item #3
5 From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

Please also note that after Alan sent his December 11, 2024 email memo, there were additional refinements to the Brown Act that impact how many meetings you could attend remotely due to “just cause” or “emergency circumstances.” Deployment does not qualify as “just cause” or “emergency circumstances” under the Brown Act (which generally relate to contagious illnesses, disability, or City Council-related travel). The amendments that went into effect January 1, 2025 did not change the “traditional” process.

Alisha Patterson

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

269 of 2175
July 1, 2025, Item #3
You will be given redacted copy of my orders when | receive them.

Get Outlook for iOS
6 You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
270 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: March 11, 2025 at 7:52:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <JMaeda@pow
ay.org>
Subject: Re: COL Blain Army orders
You are actively trying to kick me off Council for military deployment - Poway will become 1st City in entire nation to do so
I’m going to national Press at 10 AM
Get Outlook for iOS
From: Patterson, Alisha <[email protected]>
Sent: Tuesday, March 11, 2025 7:47:58 AM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]>; Jenny Maeda <[email protected]>
Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good morning Councilmember Blain - I am acknowledging receipt of your three emails demanding I call you at 4:16am, 4:18am, and 6:15am. Due to my family and work obligations, I am not available for a call before 10am today. For ease of reference, I am re-attaching Alan’s email memo from December 11, 2024 that outlines the options for participating in City Council meetings remotely. The City of Poway did not create these requirements. They are in State law (the Brown Act).

No one is trying to kick you off the City Council, but if you are on the City Council, you must comply with the Brown Act, or you will expose the City to liability. As set forth in Alan’s email memo, the City does not have the ability to change State law (nor disregard its requirements). If you think it would be helpful, we would be happy to set up a call or meeting with JAG so we can discuss the Brown Act’s requirements and see if there is an option that will work for the Army. 271 of 2175
July 1, 2025, Item #3
2 Alisha Patterson
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 6:15 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]>; Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

Have a great day!

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

272 of 2175
July 1, 2025, Item #3
3 Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints
273 of 2175
July 1, 2025, Item #3
4 Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

Please also note that after Alan sent his December 11, 2024 email memo, there were additional refinements to the Brown Act that impact how many meetings you could attend remotely due to “just cause” or “emergency circumstances.” Deployment does not qualify as “just cause” or “emergency 274 of 2175
July 1, 2025, Item #3
5 circumstances” under the Brown Act (which generally relate to contagious illnesses, disability, or City Council-related travel). The amendments that went into effect January 1, 2025 did not change the “traditional” process.

Alisha Patterson

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com

<image001.png>

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
275 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:58 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders
By the way, if we ever get 3 votes on City Council, we will re-write Poway Municipal Code to make City Manager and City Manager evaluations no longer closed door. You are all preventing the most important evaluations (Poway city residents). You are hiding behind Vaus and 3 votes. If most Poway residents were allowed to submit input or vote on your evaluations, you both would no longer be employed and certainly would not receive pay raises. The majority of 5,000 Poway residents I talked to are not happy with your job performance.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
276 of 2175
July 1, 2025, Item #3
2 You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:55 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Re: COL Blain Army orders

There is no harassment — you are wrong.

Your contact of me is perceived by me as harassment, intimidation, and bullying.

What you are doing preventing me from participating in City Council meetings unless I disclose my classified war zone location is simply your way of trying to kick me off Council, which I am very sure you will be very successful doing.

Again, you have ignored my question, which I will post for the 3 rd time: how do I receive an "excused
absence" for City Council meetings while I am deployed. If I miss a certain number of meetings during my deployment, am I then kicked off Council?

Please be extremely specific in your reply.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

277 of 2175
July 1, 2025, Item #3
3 https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 3:39 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Tony – you have posted/copy pasted emails from both Alisha and I providing legal advice. These are clearly attorney client privileged. If you are saying copying Chris destroys the privilege, that is not correct. He is a member of the organization, not a third party.

I have been forced to contact you by your own conduct, harassment of my colleagues, and violation of the law. I do not enjoy contacting you.

Alan B. Fenstermacher

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:34 PM
To: Fenstermacher, Alan <[email protected]>
278 of 2175
July 1, 2025, Item #3
4 Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Re: COL Blain Army orders

And the only "attorney-client" privilege e-mails that are valid are e-mails from you or Patterson.

E-mails from Hazeltine, who is NOT an attorney, are NOT attorney-client privilege. There are no 3rd party attorney-client privilege e-mails.

Alan, you just violated your own HR complaint by contacting me — please cease these communications immediately.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

279 of 2175
July 1, 2025, Item #3
5 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:31 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Re: COL Blain Army orders

Again, you are wrong on all accounts Alan — you personally with help of Hazeltine, Vaus, and DeHoff contacted newspapers (it doesn't matter which one of you specifically did it - you all are complicit), TV, and open City Council meetings with multiple political lies, and your e-mail below will end up in the newspapers also, which you already know. You continue to lie. How you are even allowed to continue as an "honest" lawyer is beyond my comprehension. Your ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

I do not need to participate in Council meeting while I am deployed since the "rules" you posted do not allow it.

However, I am formally requesting to be given an "excused absence" from these meetings.

The only purpose of Rutan & Tucker, you, and A. Patterson at this point is to continue to embarrass, demean, and portray Councilmember Blain in as negative light as possible so that your boss (Mayor Vaus, who you personally donate thousands of dollars to his re-election campaigns in obvious violation of all legal ethical boundaries for a City Attorney) can get re-elected as Mayor, Supervisor, or whatever he wants to do.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do 280 of 2175
July 1, 2025, Item #3
6 not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 2:34 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Tony, and all Council (BCC)-

I have reviewed your four emails regarding remote participation in Council meetings from the middle of last night and this morning, and your threats directed at my colleague. I have had to step in here as multiple items require the entire City Council to be aware of.

Alan B. Fenstermacher

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny 282 of 2175
July 1, 2025, Item #3
8 Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

Have a great day!

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.
283 of 2175
July 1, 2025, Item #3
9 https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

284 of 2175
July 1, 2025, Item #3
10 https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

Alisha Patterson

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited. 285 of 2175
July 1, 2025, Item #3
11 From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
286 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFensterm
[email protected]>
Sent: Tuesday, March 11, 2025 4:28 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Continued Correspondence
Mayor and all Council – please see aƩached for the further communicaƟons relaƟng to/in response to my earlier email. I am reaching the point where I may need to request that the City AƩorney’s oﬃce be relieved enƟrely from responding to Councilmember Blain, unless at a public hearing. I cannot conƟnue to subject any of my colleagues to this treatment. I note that CM Blain also conƟnues to threaten my contract and Chris’ employment, amidst a pending harassment invesƟgaƟon, in addiƟon to accusing me of dozens of diﬀerent things that are objecƟvely and easily proven false.

Furthermore, as you can see even through all of the nonsense, the response on his excused absence quesƟon (a completely diﬀerent topic than remote parƟcipaƟon, which started this enƟre conversaƟon) has been provided, but the emails demanding a conƟnued response conƟnue. Over the past 4 months, an incredible amount of costs have been incurred responding to repeated quesƟons that have already been asked and answered, and are apparently not read.

Even more confusingly, I was asked for another response one minute aŌer being told to cease all communicaƟons. I do not plan on responding further.
287 of 2175
July 1, 2025, Item #3
Fenstermacher, Alan
e To © Tony Blain
Cc Chris Hazeltine; Wendy Kaserman; © Patterson, Alisha Please clarify, specifically what have | said that is a lie? You make wild accusations, but cannot point to one thing below lam certain that any absence from a meeting during deployment would be considered excused. No one ever told you i Alan B. Fenstermacher
18575 Jamboree Road, 9 Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
RUTAN

RUTAN & TUCKER, LLP

Privileged And Confidential Communication.

22 22

289 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 4:30 PM
To: Jodene Dunphy
Subject: FW: Continued Correspondence
Attachments: Re: COL Blain Army orders; Re: COL Blain Army orders; Re: COL Blain Army orders; Re: COL Blain Army orders

EXTERNAL EMAIL
Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication
.

From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 4:28 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Continued Correspondence
Mayor and all Council – please see aƩached for the further communicaƟons relaƟng to/in response to my earlier email. I am reaching the point where I may need to request that the City AƩorney’s oﬃce be relieved enƟrely from responding to Councilmember Blain, unless at a public hearing. I cannot conƟnue to subject any of my colleagues to this treatment. I note that CM Blain also conƟnues to threaten my contract and Chris’ employment, amidst a pending harassment invesƟgaƟon, in addiƟon to accusing me of dozens of diﬀerent things that are objecƟvely and easily proven false.

Even more confusingly, I was asked for another response one minute aŌer being told to cease all communicaƟons. I do not plan on responding further.
290 of 2175
July 1, 2025, Item #3
Fenstermacher, Alan
e To © Tony Blain
Cc Chris Hazeltine; Wendy Kaserman; © Patterson, Alisha Please clarify, specifically what have | said that is a lie? You make wild accusations, but cannot point to one thing below lam certain that any absence from a meeting during deployment would be considered excused. No one ever told you i Alan B. Fenstermacher
18575 Jamboree Road, 9 Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
RUTAN

RUTAN & TUCKER, LLP

Privileged And Confidential Communication.

This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act ( the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the strictly prohibited.
2 291 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:34 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders
And the only "attorney-client" privilege e-mails that are valid are e-mails from you or Patterson.

E-mails from Hazeltine, who is NOT an attorney, are NOT attorney-client privilege. There are no 3rd party attorney-client privilege e-mails.

Alan, you just violated your own HR complaint by contacting me — please cease these communications immediately.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
292 of 2175
July 1, 2025, Item #3
2 You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain
Sent: Tuesday, March 11, 2025 3:31 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: Re: COL Blain Army orders
Again, you are wrong on all accounts Alan — you personally with help of Hazeltine, Vaus, and DeHoff contacted newspapers (it doesn't matter which one of you specifically did it - you all are complicit), TV, and open City Council meetings with multiple political lies, and your e-mail below will end up in the newspapers also, which you already know. You continue to lie. How you are even allowed to continue as an "honest" lawyer is beyond my comprehension. Your ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

I do not need to participate in Council meeting while I am deployed since the "rules" you posted do not allow it.

However, I am formally requesting to be given an "excused absence" from these meetings.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

293 of 2175
July 1, 2025, Item #3
3 Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

General Service Request

https://poway.org/270/Service-Request

Water
https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 2:34 PM
To: Tony Blain
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: RE: COL Blain Army orders

Before getting into the substance of your outlandish statements, I must note it is extremely disappointing that after all that has happened – specifically the pending independent investigation for personnel complaints – you continue to engage in the exact same behavior that started all of this. Prior to the temporary change in direct contacts, as a result of the pending investigation, Chris and I worked for countless hours to provide you agnostic, objective information and advice you requested. I now see Alisha and Wendy spending countless hours in their attempt to be responsive to your numerous questions, while sacrificing time spent on other city business. In return for these efforts, they receive series of emails such as those below (as I did throughout December and January) – rudeness as best, harassment of two more staff members at worst. I find your demands to provide information by 10 am particularly ironic, given that you failed to attend yesterday’s weekly briefing with Alisha and Wendy, with no advance warning. As of this writing, you still have not even mentioned it or apologized. Wendy and Alisha took time to prepare for the briefing, including a pre-meeting with Wendy and Chris to ensure all members of the City Council are receiving the same information. All of that was ultimately wasted. This has to be the 5
th or 6th meeting where you have done this (that I have heard of), including a meeting with me where I drove down to City Hall specifically to meet and brief with you. You blew me off without letting me know, despite being physically 10 feet from my office multiple times throughout the day. 294 of 2175
July 1, 2025, Item #3
4 Moving to the content of your emails – Alisha provided you with state law (the Brown Act) regarding remote appearances, which I previously spent hours explaining to you in December and January, and even earned a rare thank you from you. However, you continue to waste our time with requesting the same information or perhaps you are testing the water to see if you will get different answers from different staff or a different attorney. We do not make the law. This also has nothing to do with “kicking you off council”- that is nonsensical. Whether or not you participate remotely has no bearing on your tenure on City Council. It bears repeating, since I have often had to send you the same information over and over- whether or not you remotely participate in a Council meeting has nothing to do with whether you can stay on City Council.

Alan B. Fenstermacher

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

Good morning,
I will give you until about 10 AM to call my cell, then I will be going to every single San Diego County, state, and national news outlet stating that you and Alan Fenstermacher and Mayor Vaus are trying to kick me off of Poway City Council as a result of my upcoming Army Reserve deployment.

Have a great day!

295 of 2175
July 1, 2025, Item #3
5 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
Please call me 858-248-1509
You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water
https://poway.org/317/Water
Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below. https://poway.org
Please e-mail us all in 2 weeks for response if we do not respond sooner. 296 of 2175
July 1, 2025, Item #3
6 PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

Alisha Patterson

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders
I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
297 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:55 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders
There is no harassment — you are wrong.

Your contact of me is perceived by me as harassment, intimidation, and bullying.

Please note that our email communications are subject to public disclosure.

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 3:39 PM
To: Tony Blain
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: RE: COL Blain Army orders

I have been forced to contact you by your own conduct, harassment of my colleagues, and violation of the law. I do not enjoy contacting you.

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain
Sent: Tuesday, March 11, 2025 3:34 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: Re: COL Blain Army orders
And the only "attorney-client" privilege e-mails that are valid are e-mails from you or Patterson.

E-mails from Hazeltine, who is NOT an attorney, are NOT attorney-client privilege. There are no 3rd party attorney-client privilege e-mails.

Alan, you just violated your own HR complaint by contacting me — please cease these communications immediately.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509
299 of 2175
July 1, 2025, Item #3
3 Complaints
Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:31 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Re: COL Blain Army orders
Again, you are wrong on all accounts Alan — you persona lly with help of Hazeltine, Vaus, and DeHoff contacted newspapers (it doesn't matter which one of you specifically did it - you all are complicit), TV, and open City Council meetings with multiple political lies, and your e-mail below will end up in the newspapers also, which you already know.

You continue to lie. How you are even allowed to continue as an "honest" lawyer is beyond my comprehension. Your ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

I cannot participate remotely per the "Brown Act" laws which you posted since I am in a classified confidential location.

Have you EVER seen any military member be able to tell you or anyone where he is located in the middle of an active war zone?
I do not need to participate in Council meeting while I am deployed since the "rules" you posted do not allow it.

However, I am formally requesting to be given an "excused absence" from these meetings.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

General Service Request
300 of 2175
July 1, 2025, Item #3
4 https://poway.org/270/Service-Request
Water
https://poway.org/317/Water
Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below. https://poway.org
Please e-mail us all in 2 weeks for response if we do not respond sooner.

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.
301 of 2175
July 1, 2025, Item #3
5 I also welcome a call from JAG, perhaps they have other remote participation solutions or can explain details of your deployment. I always welcome input from professionals. Such information would be helpful since in your initial email to Wendy and Alisha you indicated you have an upcoming deployment (your online posts indicate the deployment is imminent) yet the City has not received copies of your deployment orders, which you said were forthcoming.

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

Have a great day!

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you 302 of 2175
July 1, 2025, Item #3
6 do not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings 303 of 2175
July 1, 2025, Item #3
7 while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

Alisha Patterson

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
304 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:31 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders
Again, you are wrong on all accounts Alan — you personally with help of Hazeltine, Vaus, and DeHoff contacted newspapers (it doesn't matter which one of you specifically did it - you all are complicit), TV, and open City Council meetings with multiple political lies, and your e-mail below will end up in the newspapers also, which you already know. You continue to lie. How you are even allowed to continue as an "honest" lawyer is beyond my comprehension. Your ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

I cannot participate remotely per the "Brown Act" laws which you posted since I am in a classified confidential location. Have you EVER seen any military member be able to tell you or anyone where he is located in the middle of an active war zone?
I do not need to participate in Council meeting while I am deployed since the "rules" you posted do not allow it.

However, I am formally requesting to be given an "excused absence" from these meetings.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do 305 of 2175
July 1, 2025, Item #3
2 not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

General Service Request

https://poway.org/270/Service-Request

Water
https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 2:34 PM
To: Tony Blain
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: RE: COL Blain Army orders

Alan B. Fenstermacher

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

Have a great day!

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
307 of 2175
July 1, 2025, Item #3
4 To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
308 of 2175
July 1, 2025, Item #3
5 https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

Alisha Patterson

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
309 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:58 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders
By the way, if we ever get 3 votes on City Council, we will re-write Poway Municipal Code to make City Manager and City Manager evaluations no longer closed door. You are all preventing the most important evaluations (Poway city residents). You are hiding behind Vaus and 3 votes. If most Poway residents were allowed to submit input or vote on your evaluations, you both would no longer be employed and certainly would not receive pay raises. The majority of 5,000 Poway residents I talked to are not happy with your job performance.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
310 of 2175
July 1, 2025, Item #3
2 You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

There is no harassment — you are wrong.

Your contact of me is perceived by me as harassment, intimidation, and bullying.

Please be extremely specific in your reply.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

311 of 2175
July 1, 2025, Item #3
3 https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

I have been forced to contact you by your own conduct, harassment of my colleagues, and violation of the law. I do not enjoy contacting you.

Alan B. Fenstermacher

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:34 PM
To: Fenstermacher, Alan <[email protected]>
312 of 2175
July 1, 2025, Item #3
4 Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Re: COL Blain Army orders

And the only "attorney-client" privilege e-mails that are valid are e-mails from you or Patterson.

E-mails from Hazeltine, who is NOT an attorney, are NOT attorney-client privilege. There are no 3rd party attorney-client privilege e-mails.

Alan, you just violated your own HR complaint by contacting me — please cease these communications immediately.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

313 of 2175
July 1, 2025, Item #3
5 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:31 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Re: COL Blain Army orders

I do not need to participate in Council meeting while I am deployed since the "rules" you posted do not allow it.

However, I am formally requesting to be given an "excused absence" from these meetings.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do 314 of 2175
July 1, 2025, Item #3
6 not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

EXTERNAL EMAIL
Tony, and all Council (BCC)-

Alan B. Fenstermacher

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny 316 of 2175
July 1, 2025, Item #3
8 Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

Have a great day!

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.
317 of 2175
July 1, 2025, Item #3
9 https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

318 of 2175
July 1, 2025, Item #3
10 https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

Alisha Patterson

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com

_____________________________________________________
Privileged And Confidential Communication.

This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited. 319 of 2175
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11 From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
320 of 2175
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23 23

321 of 2175
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1 From: Tony Blain <[email protected]>
Sent: Thursday, April 3, 2025 5:28 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>; Fenstermacher, Alan <[email protected]>; Chris Hazeltine <[email protected]> Cc: Councilmembers <[email protected]>
Subject: Tony Blain for Recall of Mayor Steve Vaus Errors on 410 Please see e-mail string below showing that Poway City Clerk made an error in giving me advice on the Tony Blain for Recall of Mayor Steve Vaus Errors on 410. S he incorrectly told me that I must file it as a
"General Purpose" committee. This is an error. As you all know, an elected official can only file a committee Form 410 as a "Controlled Primarily Formed Committee." If I followed her advice, I would have been subjected to possible disciplinary action by both the FPPC and SOS.

I will leave what to do with the above erroneous and wrong advice being given to Councilmembers and Poway residents to you.

Please note that our email communications are subject to public disclosure.

Tony Blain
322 of 2175
July 1, 2025, Item #3
2 Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Thursday, April 3, 2025 5:23 PM
To: Tony Blain <[email protected]>
Subject: Fw: Tony Blain for Recall of Mayor Steve Vaus Errors on 410

EXTERNAL EMAIL

----- Forwarded Message -----
From: Form 410 <[email protected]>
To: Carrie Gallagher <[email protected]>
Cc: Tony Blain <[email protected]>
Sent: Thursday, April 3, 2025 at 03:31:01 PM PDT
Subject: RE: Tony Blain for Recall of Mayor Steve Vaus Errors on 410

Hello Carrie,

323 of 2175
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3 Thank you for assisting Mr. Blain with the filing of his initial form 410. Mr. Blain has reached out to our office, and we have assisted him with the errors noted within his document. He has communicated that he will resubmit his initial F410 with our office for review pending his amendment to the filing.

Our office can confirm that under certain circumstances the committee is able to report as two committee types. It is not a common occurrence for a committee to have two committee types, but it may occur in some cases. In this instance, Mr. Blain is acting as the controlling office holder supporting a ballot measure. A candidate may not support or oppose another candidate seeking office. However, a recall is considered a ballot measure. To our knowledge Mr. Blain can form a controlled committee to support or oppose a recall measure.

Thank you for communicating this with our office and verifying the information about the committee types. If you have any questions, please feel free to respond to this email or reach out to our office.

Sincerely,

Form 410 Review Team
Political Reform Division
California Secretary of State
Phone: (916) 653-6224
Email:[email protected]
JM

From: Carrie Gallagher <[email protected]>
Sent: Thursday, April 3, 2025 2:48 PM
To: Form 410 <[email protected]>
Cc: Tony Blain <[email protected]>
Subject: RE: Tony Blain for Recall of Mayor Steve Vaus Errors on 410

Hello SOS,

Caution: External Email Warning: This is an email from an external sender. Do not click any links or attachments unless you have confirmed the sender. Report phishing by using the phishing alert button.
324 of 2175
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4 The City Clerk is not the official filing officer of the Form 410 and therefore cannot, nor is not “rejecting” this filing. My email notification to Mr. Blain simply points out a list of 3 errors found to have been made on Mr.

Tony Blain’s “Initial Form 410” filing for his new “Tony Blain for Recall of Mayor Steve Vaus’ and I am requesting amendments in order for the filing to be compliant.

As currently submitted to the City Clerk’s office, (see attached) Mr. Blain has listed this committee as 2 different committee types within the Section 4 Type of Committee. “Controlled” Committee” & “General Purpose Committee”

SOS please confirm or deny if this committee can have 2 different committee types, as Mr. Blain believes he can call this a “Controlled Committee” in addition to a 2nd committee type.

Additionally, I have noted the lack of a signature & date stamp of a named Controlling Officer in Section 3 Verification.

I have advised that Mr. Blain use the attached “Additional Comments For Form 410” when he amends this and all future amendments.

Respectfully,

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]

City Hall is closed alternating Fridays. Please see City Calendar for closure dates including City of Poway holidays. *Please be aware that communications to & from this email address are subject to public disclosure & may be reviewed by third parties.*

From: Tony Blain <[email protected]>
Sent: Thursday, April 3, 2025 12:06 PM
To: [email protected]
Cc: City Clerk <[email protected]>; Carrie Gallagher <[email protected]> Subject: Fw: Tony Blain for Recall of Mayor Steve Vaus Errors on 410

EXTERNAL EMAIL
SOS Form 410 team,

First, please note I am an elected Councilmember of the City of Poway. My understanding is that any committee I form is required to be a "Controlled Committee" and my name must be in the name of the committee. Is that correct?

1) Please call my cell 858-248-1509. I have questions about the attached Form 410 I filed with Poway City Clerk and her rejections. Poway City Clerk rejections are completely the opposite instructions as the SOS rejections. Which are correct?

325 of 2175
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5 2) Please resend me your e-mail stating SOS rejections I just obtained by calling SOS Political Reform Division (these SOS rejections are opposite of Poway City Clerk rejections below):

1. Page 2: provide office sought in Controlled Committee Section

2. Page 2: provide year of election in Controlled Committee section

3. Page 2: provide measure title

4. Page 2: indicate Support or Oppose

5. Page 2: provide office sought

6. Page 3: remove info in General Purpose section

Thank you,

Tony Blain
Councilmember
City of Poway
858-248-1509

----- Forwarded Message -----
From: Carrie Gallagher <[email protected]>
To: Tony Blain <[email protected]>
Sent: Wednesday, April 2, 2025 at 05:50:22 PM PDT
Subject: Tony Blain for Recall of Mayor Steve Vaus Errors on 410

Mr. Blain,

Per our earlier conversation, regarding the attached Initial 410 I have located multiple errors that need correcting which will require an Amendment to be filed with the SOS. Errors are listed here: and will need to be submitted with the attached 410 “Additional Comment” form.

• 1
st page, you failed to sign and date Section 3 Verification to include yourself as the Controlling Officeholder. You have included your own name in the Name of Committee so that names you as the Controlling officer of this committee.

• 2 nd page, you marked Section 4 Type of Committee incorrectly. This does not qualify as a Controlled Committee. You need to amend to change to the correct Committee Type and check the appropriate box whether you “support” or “oppose”.

• 3 rd page, you marked Section 4 Type of Committee again incorrectly by including your committee type as a General Purpose Committee.

Each Committee can only be ONE type. Please make the correct determination and stick to that type on each and every subsequent filing.

If you decide to add a Treasure or Principal Officer to this committee, you MUST file an Amendment and again submit the Amendment with the attached 410 “Additional Comment” form.

We will be adding your committee into NetFile tomorrow. Please look for the welcome email and create an account. Then each and every new filing including amendments MUST be filed through NetFile per the City Municipal Code.

Respectfully,

Carrie Gallagher, CMC
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July 1, 2025, Item #3
6 City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]

327 of 2175
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1 From: Tony Blain <[email protected]>
Date: April 14, 2025 at 4:14:24 PM CDT
To: John Couvrette <[email protected]>, Anita Edmondson <[email protected]>, John Mullin <[email protected]>

Cc: Councilmembers <[email protected]>, Wendy Kaserman <[email protected]>, "Patterson, Alisha" <[email protected]>, Chris Hazeltine <[email protected]>, "Fenstermacher, Alan" <[email protected]> Subject: Re: Idiot
You guys make me laugh with all off your new Anti-Tony laws — makes me feel REALLY important
You must be truly incredibly scared ::))
I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.

From: Tony Blain <[email protected]>
Sent: Monday, April 14, 2025 4:40:41 PM
To: John Couvrette <[email protected]>; Anita Edmondson <[email protected]>; John Mullin <[email protected]> Cc: Councilmembers <[email protected]>; Wendy Kaserman <[email protected]>; [email protected] <[email protected]>; Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>
Subject: Idiot

Minority social media clique,
Vaus and DeHoff are idiots for forcing me to listen to your illogical political lies at Public Comment with a new City ordnance and change of Poway Municipal Code. You should all 328 of 2175
July 1, 2025, Item #3
2 be terribly embarrassed, but of course in your twisted logic you somehow think such a law is justified. I’m sure and unethical and extremely Vaus appointed Poway City Attorney Alan Fenstermacher masterminded your silly game just like he masterminds how to allow Councilmembers who no longer live in Poway to attend and vote at Council meetings. We will reverse all this crazy Chicago-style dirty politics the second I get elected Mayor NOV 2026. Enjoy your dirty politics while it lasts.

We will immediately delete this law the second we have 3 votes on Council in DEC 2026.

Anita, are you running for D2? Maybe you can actually get elected this time instead of a developer-endorsed Vaus & DeHoff & Pepin & Frank highly biased political appointment.

I will be responding 100% of the time to 100% of Public Comments next 10 years - listen and have fun.

(PLEEEZZZZ one of you clowns read this e-mail at Public Comment for TRANSPARENCY)

I’m too late for 72 hour City Clerk to include my e mail as an agenda item. 100% of my e- mails to you three clowns will be included in the future Agenda packets for transparency.

Cc: Councilmembers <[email protected]>, Wendy Kaserman <[email protected]>, "Patterson, Alisha" <[email protected]>, Chris Hazeltine <[email protected]>, "Fenstermacher, Alan" <[email protected]> Subject: Re: Idiot
18 month Vaus Special Elections ordnance & change to Municipal Code at tonight’s Council meeting is designed to hold Special Election if I’m recalled but APPOINTMENT if DeHoff is recalled - it should be 12 and not 18 months / it’s just a political ploy for corrupt Poway City Attorney Fenstermacher and City Manager Hazeltine to help corrupt Poway Mayor Vaus / DeHoff / Pikus to maintain their political control of Council and Poway You are all DISHONEST and CORRUPT
City Clerk: please post this e mail on next Council meeting Agenda (Couvrette/Mullin/Edmonddon “Three Corrupt Musketeers” PLEEEEEEZZZZZ read this re- mail at tonight’s Council meeting)
I’m going to using “Three Corrupt Musketeers” when I knock on 12,000 doors to ALL 48,000 Poway residents in February AND on 12,000 door hangers — I’m going to make you famous for your dishonesty and political lies
330 of 2175
July 1, 2025, Item #3
2 I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.

From: Tony Blain <[email protected]>
Sent: Monday, April 14, 2025 5:14:09 PM
To: John Couvrette <[email protected]>; Anita Edmondson <[email protected]>; John Mullin <[email protected]> Cc: Councilmembers <[email protected]>; Wendy Kaserman <[email protected]>; [email protected] <[email protected]>; Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>
Subject: Re: Idiot

You guys make me laugh with all off your new Anti-Tony laws — makes me feel REALLY important

You must be truly incredibly scared ::))

Minority social media clique,

Vaus and DeHoff are idiots for forcing me to listen to your illogical political lies at Public Comment with a new City ordnance and change of Poway Municipal Code. You should all be terribly embarrassed, but of course in your twisted logic you somehow think such a law is justified. I’m sure and unethical and extremely Vaus appointed Poway City Attorney Alan Fenstermacher masterminded your silly game just like he masterminds how to allow Councilmembers who no longer live in Poway to attend and vote at Council meetings. We will reverse all this crazy Chicago-style dirty politics the second I get elected Mayor NOV 2026. Enjoy your dirty politics while it lasts.

We will immediately delete this law the second we have 3 votes on Council in DEC 2026.

Anita, are you running for D2? Maybe you can actually get elected this time instead of a developer-endorsed Vaus & DeHoff & Pepin & Frank highly biased political appointment.

I will be responding 100% of the time to 100% of Public Comments next 10 years - listen and have fun.
331 of 2175
July 1, 2025, Item #3
3 (PLEEEZZZZ one of you clowns read this e-mail at Public Comment for TRANSPARENCY)

I’m too late for 72 hour City Clerk to include my e mail as an agenda item. 100% of my e- mails to you three clowns will be included in the future Agenda packets for transparency.

I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.
332 of 2175
July 1, 2025, Item #3
2 From: Tony Blain <[email protected]>
Sent: Wednesday, April 16, 2025 12:26 AM
To: Wendy Kaserman <[email protected]>; [email protected] Subject: COL Blain Army deployment
I will not be attending any Council meetings 16AUG - 16NOV while deployed I am not allowed to participate in any political activities wh ile on active duty
See attached orders
I am formally asking for EXCUSED ABSENCES
I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.
333 of 2175
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1 From: Tony Blain <[email protected]>
Sent: Thursday, April 24, 2025 12:47 PM
To: John Couvrette <[email protected]>; John Mullin <[email protected]>; Anita Edmondson <[email protected]>; Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>; Steve Vaus <[email protected]>; Jenny Maeda <[email protected]>; Peter De Hoff <[email protected]>
Subject: Hi
Three Corrupt Horsemen,
FYI I just got Army Commendation and promotion despite your political lies When are you knuckleheads going to realize nobody listens to political lies? Tony
Sent from Yahoo Mail for iPhone
334 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: April 25, 2025 at 12:39:23 PM PDT
To: Wendy Kaserman <[email protected]>, "Patterson, Alisha" <[email protected]>, John Couvrette <[email protected]>, Councilmembers <[email protected]>, "Fenstermacher, Alan" <[email protected]>, Chris Hazeltine <[email protected]>, John Mullin <[email protected]>, "anita edmofamily.com" <[email protected]>, [email protected], "John M. DeSantis" <[email protected]> Subject: Political Lies
I just received confirmation from SD DA I am NOT and never was under any investigation.

STOP WITH YOUR POLITICAL LIES!!!!! 48,000 Poway residents know you are lying and they are tired of it.

How do you all sleep at night?????
Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do not receive appropriate response within 14 days, let me know 335 of 2175
July 1, 2025, Item #3
2 and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

336 of 2175
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24 24

337 of 2175
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DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
April 15, 2025
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]

CITY COUNCIL
Resolution to Adopt a City Council Policy Requiring all City Council Vacancies Occurring Within the First 18 Months of a Four Year Term to be Filled by Special Election At the April 1, 2025 City Council meeting, Mayor Vaus initiated an item seeking City Council concurrence to bring back for discussion a City Council policy requiring all vacancies in the City Council occurring within the first eighteen (18) months of any City Councilmember's four year term to be filled by a special election, and not by appointment. The City Council provided concurrence 3-0, and as a result, the attached Resolution (Attachment A) adopting the foregoing City Council policy is being presented to the City Council for consideration.

Recommended Action:

It is recommended the City Council approve the attached Resolution adopting a City•Council policy that all vacancies in the City Council occurring within the first 18 months of any City Council member's four year term must be filled by a special election, and not by appointment.

Discussion:

As a general law city, the City of Poway is constrained in how it may fill a vacant seat of the City Council by Government Code section 36512, which requires the City Council to, within 60 days of any vacancy, fill the vacancy by appointment or call a special election. There is less flexibility for the City than would be the case in a charter city or county.

Government Code section 36512(c) allows the City Council to modify the foregoing standard process in three specific ways by ordinance: (1) require all vacancies to be filled by special election; (2) require a special election to fill a vacancy when petitions bearing a specified number of verified signatures are filed, or (3) provide that anyone appointed to fill a vacancy holds office only until a special election, which shall be immediately called along with the appointment. 1 of 4
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As a result of this policy being more narrowly tailored than as written in Government Code section 36512(c), it cannot be adopt as an amendment the Poway Municipal code ("PMC"). However, the City Council may adopt a resolution and City Council policy that all vacancies occurring within the first 18 months of a member of the City Council's four year term will be subject to a special election. Like an amendment to the PMC, it would take a formal action by the majority of the City Council to rescind the policy.

Environmental Review:

None.

Fiscal Impact:

None.

Public Notification:

None.

Attachments:

A. Resolution
Reviewed/Approved By:
rman
ity Manager
2 of4
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
339 of 2175
July 1, 2025, Item #3
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, ADOPTING A CITY COUNCIL POLICY

TO FILL CITY COUNCIL VACANCIES OCCURRING WITHIN THE

FIRST EIGHTEEN MONTHS OF OFFICE BY SPECIAL ELECTION
WHEREAS, the City of Poway is a municipal corporation and general law City in the state of California;
WHEREAS, as a general law city, the City of Poway is constrained in how it may fill a vacant seat of the City Council by Government Code section 36512, which requires the City Council to, within 60 days of any vacancy, fill the vacancy by appointment or call a special election; WHEREAS, pursuant to Government Code section 36512, if a vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, and is filled by appointment, the person appointed to fill the vacancy shall hold office only until the next general municipal election that is scheduled 130 or more days after the date the Council is notified of the vacancy, and thereafter until the person who is elected at that election shall serve the remainder of the term;
WHEREAS, Government Code section 36512 allows the City Council to modify the standard process in three specific ways by ordinance: (1) require all vacancies to be filled by special election; (2) require a special election to fill a vacancy when petitions bearing a specified number of verified signatures are filed, or (3) provide that anyone appointed to fill a vacancy holds office only until a special election, which shall be immediately called; WHEREAS, the City Council of the City of Poway does not believe any of these potential options available under state law are appropriate for every vacancy in the City, but believes that all vacancies occurring within the first eighteen (18) months of a member of the City Council’s four year term should be subject to a special election; and
WHEREAS, pursuant to Government Code section 36512, the City Council cannot adopt an ordinance amending the Poway Municipal Code to include this requirement, but nonetheless wishes to make this an official City Council policy, by the adoption of this Resolution.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: That the above recitals are true and correct, and are incorporated herein by this reference, as if set forth fully herein.

SECTION 2: The City Council hereby finds and declares that its official policy shall be, for all vacancies occurring within the first eighteen (18) months of a member of the City Council four year term, that vacancy shall be filled by immediately calling a special election pursuant to Government Code section 36512(b)(1).

SECTION 3: This Resolution shall take effect immediately.

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July 1, 2025, Item #3
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of April, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:
______________________________
Steve Vaus, Mayor
ATTEST:
________________________________
Carrie Gallagher, CMC, City Clerk
341 of 2175
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25 25

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MICHAEL G. COLANTUONO , State Bar No. 143551
[email protected]
AJIT S. THIND , State Bar No. 268018
[email protected]
SERGIO C. ORDAZ , State Bar No. 334520
[email protected]

COLANTUONO, HIGHSMITH & WHATLEY, PC
790 E. Colorado Boulevard, Suite 850
Pasadena, California 91101-2109
Telephone: (213) 542-5700
Facsimile: (213) 542-5710

Attorneys for Petitioner and Plaintiff City of
Poway

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN DIEGO

CITY OF POWAY ,

Plaintiffs and Petitioners,

COUNCILMEMBER ARTHUR (TONY)
BLAIN, in his individual and official capacity,

Respondent and Defendant.

Case No.

PETITION FOR WRIT OF MANDATE
AND COMPLAINT FOR:

1. VIOLATIONS OF THE CALIFORNIA
PUBLIC RECORDS ACT;

2. VIOLATIONS OF GOVERNMENT
CODE § 34090;

3. VIOLATIONS OF GOVERNMENT
CODE § 6200;

4. DECLARATORY RELIEF; AND

5. INJUNCTIVE RELIEF

Plaintiff City of Poway (“City” or “Plaintiff”) alleges as follows:

INTRODUCTION

1. Respondent and Defendant City Councilmember Arthur (Tony) Blain (“Councilmember Blain”) has refused, and continues to refuse, to comply with his obligations under the California Public Records Act (“CPRA”) and California document preservation laws by (1) refusing to produce requested public records from private accounts, apps and devices, and (2) per his own admission, deleting public records from those accounts, apps and devices. Recipients of communications from Councilmember Blain’s communications have repeatedly produced those [Exempt From Filing Fee
Government Code § 6103]
343 of 2175
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communications while at the same time and in response to the same Public Records Act request, Councilmember Blain asserts he has no responsive communications. Despite repeated warnings and attempts to have Councilmember Blain comply, the City now brings this action in an attempt to have the Court protect the rights of the public and the City.

2. Councilmember Blain’s actions not only violate California law aimed at ensuring transparency from elected public officials, but they also potentially expose the City to significant liability under the CPRA.

3. Over the past several months, the City has received a number of CPRA requests for public records, many of which specifically request Councilmember Blain’s communications on both the City email system and his own private email accounts, text messages, social media, and messenger apps on which he concededly does public business. Pursuant to the California Supreme Court’s decision in City of San Jose v. Superior Court (2017) 2 Cal.5th 608 (“City of San Jose”), the requested messages are subject to public disclosure if they relate to the City’s business, regardless of whether they are sent by or received in public or private accounts. If Councilmember Blain wishes to keep his non-City accounts private, he must not do City business on those accounts, a point he knows well from repeated written instructions from the City Attorney’s office and mandatory training under Government Code, section 53235 [AB 1234],

4. Instead of cooperating with the City’s efforts to comply with its and his shared statutory duty to produce these records under the CPRA, Councilmember Blain has deleted emails and text messages relating to the City’s business, asked others to delete his text messages to them, and refused to sign an affidavit affirming that he provided all responsive public records, which is the City’s practice for documenting compliance with the CPRA. All other Councilmembers have signed affidavits affirming their compliance or that they do no City business on private email and other electronic communications accounts. Councilmember Blain’s responses to the City Clerk when attempting to ensure he and the City have complied with state law, have been inconsistent, combative, and generally uncooperative and recalcitrant.

5. The City is further informed and believes and alleges thereon that Councilmember Blain has conducted City business over end-to-end encrypted messaging applications with 344 of 2175
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automatic delete features, specifically including SignalTM, and has encouraged others to delete his text messages to them and use Signal instead. The Signal messaging application is known to be used by criminals and other bad actors hoping to hide their conduct. (See, https://medium.com/@davidsehyeonbaek/why-criminals-love-signal-and-telegram-5f2d2c5611b9 [last viewed Apr. 16, 2025].)

6. The City also possesses evidence that, after Councilmember Blain repeatedly informed the City Clerk that he did not use private email for City business and has no public records in any private email account or messaging application (but refused to sign an affidavit attesting to the truth of those statements), he continued using two private email addresses for City business, one that by its name alone shows its intent to use the account to discuss the City’s business in his capacity as a City Councilmember – [email protected].

7. Because Councilmember Blain’s failure and refusal to produce responsive public records could expose the City to liability, and because the City is committed to ensuring that its elected officials comply with their obligations under state law with regard to transparency of public records, the City brings this action to compel Councilmember Blain to comply with his unambiguous statutory mandates to comply with both the CPRA and the state law prohibition against deleting any public records for a period of at least two years.

THE PARTIES

8. Petitioner and Plaintiff City of Poway is a general law city, municipal corporation and local government entity organized and existing under state law and located in the County of San Diego in the State of California

9. Respondent and Defendant Arthur (Tony) Blain is, and at all relevant times was, an elected member of the Poway City Council, the City’s governing body, and thus serves as an officer of the City bearing obligations under the CPRA and other law as such. He is named in his individual and official capacity.

JURISDICTION AND VENUE

10. This Court has jurisdiction over this action pursuant to Code of Civil Procedure sections 187 and 1085, as well as Government Code section 7923.000. 345 of 2175
July 1, 2025, Item #3

11. Venue is proper in this Court as the violations of law alleged herein occurred and continue in San Diego County.

GENERAL ALLEGATIONS

12. Councilmember Blain was elected to the Poway City Council in November of 2024, and sworn into office on December 17, 2024.

13. Pursuant to Government Code section 53235 [AB 1234], councilmembers must take an ethics training (which consists of at least two hours) once every two years. Councilmember Blain completed this training this past February.

14. Throughout December 2024 and January 2025, Councilmember Blain was advised and reminded numerous times by City staff that all public records, including text messages or messages contained in any private email account that conduct City business, must be preserved for two years and are subject to disclosure under the CPRA, pursuant to Government Code sections 34090 and 7920.000, et seq.

15. The City also adopted an Electronics Communications Policy in February 2019. In summary, it generally requires that electronic records be retained for two years and strongly discourages the use of personal devices and/or accounts for City-related business. A true and correct copy of the Electronics Communications Policy is attached as Exhibit “A” to this Verified Petition and Complaint.

16. On January 14, 2025, the City received a CPRA request (which it designated as PRR 2025-014) for “[a]ll written communications between Tony Blain and [Poway City Councilmember] Jenny Maeda from November 5, 2024 to January 16, 2025, whether from their city or personal email accounts, and including all text communications.”

17. On January 22, 2025, the City received a CPRA request (designated as PRR 2025- 017) for “[a]ll text messages, emails on personal/private email accounts, social media direct messages, voicemails, and any other communications, regardless of the type of device or account, sent or received by Councilmember Blain in anyway relating to City of Poway business from November 5, 2024 until the present. I do not need records from Councilmember Blain's official City email account.”
346 of 2175
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18. On January 23, 2025, the City received a further CPRA request (designated as PRR 2025-020) for “[a]ll text and other electronic communications sent or received by Blain between December 17, 2024 and January 23, 2025 in which city matters are discussed. This should include messages via any app including but not limited to Facebook Messenger, Telegram, WhatsApp, Signal, Snapchat.”

19. On February 2, 2025, the City received another CPRA request (designated as PRR 2025-061) for “[a]ll text messages, messages on any messenger application (Telegram, Signal, WhatsApp, etc.), emails on any and all personal/private email accounts, social media direct messages, voicemails, and any other communications, regardless of the type of device or account, sent or received by Councilmember Blain in any way relating to the City of Poway from January 13, 2025 through February 3, 2025.”

20. On February 10, 2025, the City received still another CPRA request (designated as PRR 2025-072) for “[a]ll email, text and any other electronic communications between Tony Blain and Jenny Maeda from January 17, 2025 through February 10, 2025. This should include emails from city accounts and or personal accounts; messages via any app including, but not limited to, Facebook Messenger, Telegram, WhatsApp, Signal, Snapchat, WeChat.”

21. In response to the foregoing five CPRA requests, the City Clerk sent Councilmember Blain a series of emails requesting that he search his accounts and devices for, and compile records responsive to, these requests.

22. On January 22, 2025, the City Clerk requested that Councilmember Blain “search [his] private email accounts, text messages, social media direct messages or any other form of electronic communication for any communications ‘between Tony Blain and Jenny Maeda from November 5, 2024 to January 16, 2025’ that’s related to City business.” In response to this request, Councilmember Blain responded that “I deleted everything last week.” After apparent further review, Councilmember Blain located two responsive Facebook messages and provided those to the City Clerk. After producing the two Facebook messages, Councilmember Blain informed the City Clerk that he “deleted all [his] personal e mails 2 weeks ago.” Later that day, Councilmember Blain informed the City Clerk that he did not have any additional 347 of 2175
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communications related to City business and that “[a]ll texts were deleted weeks ago.”

23. Councilmember Blain’s admitted deletions of public records, if true, violate Government Code section 34090.

24. Responsive text messages between Councilmember Blain and Jenny Maeda existed. Councilmember Maeda produced those text messages in response to the various foregoing CPRA requests. Councilmember Blain did not, stating he had none. However, Councilmember Blain refused to sign an affidavit affirming the truth of that statement. Councilmember Maeda’s production of text messages prove that Councilmember Blain’s statement was not true.

25. Additionally, despite Councilmember Blain’s assertions that “[a]ll texts were deleted weeks ago,” Councilmember Blain routinely asked constituents and reporters to text him regarding City business.

26. By way of example, on January 15, 2025, a constituent emailed Councilmember Blain regarding fire protection concerns. Both Councilmember Blain and the constituent agreed to text the other regarding setting up a time to meet and view the constituent’s property.

27. On January 16, 2025, another constituent contacted Councilmember Blain via email also regarding fire safety concerns. Councilmember Blain responded, with “let’s meet next month [on] my porch to discuss further – text me in a month please.”

28. On January 17, 2025, a reporter from CBS News 8 contacted Councilmember Blain regarding his efforts to recall Poway Councilmember Peter De Hoff. In response, Councilmember Blain responded “[t]ext me.”

29. On the same day, Councilmember Blain responded to another constituent, “[t]ext me below — let’s arrange phone call over the weekend.”

30. The City is informed and believes and alleges thereon that Councilmember Blain continues to use text messages to discuss City business and has done so as recently as March 4, 2025, when providing comment to the media regarding events at the March 4, 2025 Council meeting.

31. If Councilmember Blain deleted his text messages “weeks” before January 22, 2025, that is a violation of the state’s record retention laws. However, these interactions 348 of 2175
July 1, 2025, Item #3
demonstrate that Councilmember Blain regularly used text messages to conduct City business between January 14, 2025 and January 22, 2025. Thus, Councilmember Blain’s statement that he deleted text messages “weeks” before January 22, 2025 cannot be true.

32. Notably, Councilmember Blain’s practice of asking individuals to text him regarding City business began right after January 14, 2025 — the day a City agenda report attaching Councilmember Blain’s City emails to Councilmember De Hoff was publicly released.

In those emails, Councilmember Blain attempted to trade votes at the January 21, 2025 Council meeting as to a potential appointment to a vacant City Council seat . Those emails have resulted in controversy regarding Councilmember Blain’s conduct, including a 4-0 vote by the City Council to censure him – a formal expression of the Council’s unfavorable opinion of his conduct.

33. After controversy arising from his vote-trading emails, Councilmember Blain began to use text messages instead of email to discuss City business. The City is informed and believes and alleges thereon that Councilmember Blain did this intentionally to attempt to shield these communications from disclosure, despite being advised several times that all communications relating to City business are public records, regardless of account or medium. As detailed below, around the same time, Councilmember Blain started making a series of changes to the signature block of his City email advising recipients he would no longer use his City email account to discuss City business and started using a new Gmail account.

34. On January 23, 2025, the City Clerk requested that Councilmember Blain search for and produce “[a]ll text and other electronic communications sent or received by Blain between December 17, 2024 and January 23, 2025 in which city matters are discussed. This should include messages via any app including but not limited to Facebook Messenger, Telegram, WhatsApp, Signal, Snapchat” in order to response to the CPRA request designated as PRR 2025-020. The City Clerk included an affidavit for Councilmember Blain to sign attesting that he completed the search and had provided all requested public records. Councilmember Blain responded, “I do not use my private e mail or devices or social media for ‘City Business’” but refused to sign an affidavit attesting to the same.

35. In that same conversation with the City Clerk on January 23, 2025, in response to 349 of 2175
July 1, 2025, Item #3
the City Clerk’s follow up questions, Councilmember Blain stated, “I decline to answer or respond to any more of your e mails ever. I will only respond if legally required.”

36. Councilmember Blain’s assertion that he does not use his personal devices for City business is directly contradicted by the text messages Councilmember Maeda produced. Those messages reveal that between January 18, 2025 and January 24, 2025, Councilmember Blain regularly communicated with Councilmember Maeda regarding City business. During this period, Councilmember Blain sent at least 24 text messages to Councilmember Maeda on topics including Councilmember Blain’s efforts to recall the Mayor, “exciting stuff happening in Poway,” votes related to Councilmember Blain’s censure, fires around the City, and his desire to have certain City staff members resign or be removed.

37. In response to PRR 2025-061, on February 5, 2025, the City Clerk requested that Councilmember Blain search for and produce “[a]ll text messages, messages on any messenger application (Telegram, Signal, WhatsApp, etc.), emails on any and all personal/private email accounts, social media direct messages, voicemails, and any other communications, regardless of the type of device or account, sent or received by Councilmember Blain in any way relating to the City of Poway from January 13, 2025 through February 3, 2025.” The City Clerk included an affidavit for Councilmember Blain to sign attesting that he completed the search and had provided all requested public records.

38. In response to the City Clerk’s February 5
th request, on February 6, 2025,
Councilmember Blain replied, “I have no City business on any of those media” but, again, declined to sign an affidavit.

39. On February 18, 2025, when the City Attorney’s office raised the matters described in this Petition and Complaint with Councilmember Blain in an attempt to resolve the issues informally, he stated ,“1) I have searched all my devices and accounts and have no City business on these accounts 2) I will not sign [an] affidavit.”

40. Councilmember Blain’s actions conflict with his statement that he has “no City business on these accounts,” and thus the City is informed and believes and alleges thereon that the only reason Councilmember Blain will not sign an affidavit attesting to the truth of that 350 of 2175
July 1, 2025, Item #3
statement is because the statement would be false and potentially perjurious.

41. Councilmember Blain is the only City Councilmember who has refused to sign an affidavit attesting that he completed a search of his accounts and documents and has produced all responsive public records.

42. Around January 28, 2025, well before his above-quoted responses on February 6, 2025 and February 18, 2025, the City discovered that Councilmember Blain had been forwarding all of his City emails to a private Gmail account, [email protected].

43. As late as January 27, 2025, Councilmember Blain forwarded emails concerning City business to the [email protected] account. This directly contradicts Councilmember Blain’s statements to the City Clerk on January 23, 2025 that he has no City business on any private email accounts, unless he has deleted all such emails, which is also a violation of state law.

44. The City is informed and believes, and alleges thereon, that all email sent by and received
in the account “[email protected]” by definition presumably relates to City business, considering “Poway” and “councilman” are in the very name of the email account. There is no other purpose for this email account, especially considering Councilmember Blain uses a Yahoo account for his personal email.

45. Indeed, in the course of reviewing City email to respond to numerous CPRA request
s for Councilmember Blain’s emails, the City has discovered Councilmember Blain routinely forwards emails from his City account to his personal Yahoo.com email address, [email protected]. Councilmember Blain forwarded City email to this email address on January 23, 2025, the very same day he told the City Clerk that “I do not use my private e mail or devices or social media for ‘City Business’” but refused to sign an affidavit attesting to the same.

46. The fact that City emails were being forwarded to these accounts, standing alone and even a
ssuming he was not using these accounts to respond to any of these emails, directly contradicts Councilmember Blain’s previous statements that there were not public records on any of his personal accounts and also calls into question if Councilmember Blain has forwarded sensitive or confidential information to outside accounts. 351 of 2175
July 1, 2025, Item #3

47. The City is informed and believes and alleges thereon that Councilmember Blain has been conducting City business on end-to-end encryption apps such as SignalTM to avoid disclosing public records. Councilmember Blain has requested that more than one individuals in the City delete all his text messages and use the Signal application instead. In doing so, on or about January 23, 2025 – the very same day as his extensive email exchange with the City Clerk about this topic – Councilmember Blain texted “[d]elete all my texts to you ok – Poway Mayor & Attorney trying to sue me – lets change to Signal app – they can’t access it.” A true and correct copy of a screenshot of this text message, with minor redactions, is attached as Exhibit “B” to this Verified Petition and Complaint.

48. In so doing, Councilmember Blain has disproved his January 23, 2025 statement “I do not use my private e mail or devices or social media for ‘City Business.’” It further demonstrates that Councilmember Blain is apparently destroying and concealing disclosable public records, and seeking to enlist others in this unlawful effort.

49. On or about March 10, 2025, in response to the City Clerk’s request that Councilmember Blain confirm his statement “I have no City business on any social media as you requested below” also meant that he had completed a search for “All email, text and any other electronic communications,” Councilmember Blain again told the City Clerk that “I conduct no ‘City business’ outside of my City of Poway e-mail” despite the fact that he continued to forward City emails to his personal Yahoo account and continued to communicate with Councilmember Maeda via text message on or about January 23, 2025 and January 24, 2025. Councilmember Blain further informed the City Clerk that he “will never be signing any affidavits – you and the City Attorney are weaponizing previously benign PRR process for political lies and maneuvering.”

50. The City is further informed and believes and alleges thereon that the Signal application has an auto-deletion feature, meaning that whenever it is used to conduct City business, Councilmember Blain is automatically violating state law.

51. On or about March 19 and March 21, 2025, the City received two additional CPRA requests (designated PRR 2025-123 and PRR 2025-132), both requesting all communications on 352 of 2175
July 1, 2025, Item #3
both City and private devices and accounts between Councilmember Blain and Maeda from March 9, 2025 to March 19, 2025 and March 3, 2024 to March 21, 2025, respectively.

52. On April 1, 2025, in response to both of these CRPA requests, Councilmember Blain emailed the City Clerk stating that “I have no City business covered by this request,” and refused to sign the affidavit.

53. Councilmember Blain’s statement was again proven false by Councilmember Maeda, who in response to these very same CPRA requests, produced approximately 11 pages of messages between herself and Councilmember Blain during the foregoing time period. These messages all discussed City business, including upcoming items to be discussed at City Council, allegations regarding various intentions of the City Attorney, and copy pasted emails he previously sent to City staff.

54. Incredibly, in the text messages provided by Councilmember Maeda, Councilmember Blain even stated “turn these texts into Edmondson via PRR,” seemingly aware that they were all public records, yet he refused to himself produce them, claiming instead “I have no City business covered by this request.” A true and correct copy of a screenshot of this text message is attached as Exhibit “C” to this Verified Petition and Complaint.

55. Since his City email regarding vote trading and other threatening actions became public on January 14, 2025, Councilmember Blain added an automatic reply and lengthy signature to his City email account, which has evolved in the following matter, in pertinent part:
a. January 17, 2025: “Please note that our email communications are subject to public disclosure.”
b. January 21, 2025: “Thank you for being actively involved — it is very much appreciated / please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall. Please note that our email communications are subject to public disclosure.”
c. January 23, 2025 (the same day as the above-quoted conversation with the City Clerk about his response to pending CPRA Requests, where it became clear his texts are also subject to disclosure): “I will read EVERY E-mail but I will not be responding 353 of 2175
July 1, 2025, Item #3
to any further City e-mails but I’m very happy to speak if you call my cell phone below - no texting please. And we can always meet in person. I will never be responding via e-mail, text, or social media.”
d. January 27, 2025: “Please note that our email communications are subject to public disclosure. Thank you for reaching out. I will be reading this at my earliest opportunity. Unfortunately I will not be able to respond via email. Call my cell phone 858-248-1509 if you want to speak or meet privately (please do NOT text).”

56. Following the City’s April 15, 2025 City Council meeting where Councilmember Blain was criticized by members of the public regarding messages he sent them from his City email account, on April 17, 2025, Councilmember Blain sent an email to the Assistant City Manager stating “I’m off City e mail except I’ll check it every Monday 10 AM only to get call in link for our Council / City Manager 11 AM meeting. Only way you or anyone else can reach me otherwise is my cell phone / always text 1st so I know who is calling.”

57. Since that date, Councilmember Blain has still occasionally communicated with City staff and others using his City email, but has largely emailed staff and others regarding City business using his private account, [email protected]

58. On April 17, 2025, the City received another CPRA request (designated 2025-158) requesting all communications sent or of received by Councilmember Blain from April 10, 2025 to April 17, 2025, including “all emails sent or received from [email protected], any other private email account, all text messages, messages on any messaging application (including but not limited to Signal), or social media messages. This request also specifically includes all messages whether email, text, or other form) sent during or after the City's April 15, 2025 City Council meeting.

59. On April 25, 2025, in response to CPRA request 2025-158, Councilmember Blain stated “I only conduct city business on city e mail Which you have access to,” and again refused to sign the affidavit. This statement is patently false, as demonstrated by Councilmember Blain’s emails from his yahoo account just a few days previously, in addition to his months long use of his yahoo email, Gmail, text message and signal messages for City business, as alleged above. 354 of 2175
July 1, 2025, Item #3

60. Further, the City is informed and believes and alleges thereon that Councilmember Blain was repeatedly sending text and other messages during this time period regarding the City, including during the April 15, 2025 City Council meeting, which he attended by teleconference.

61. When the City Clerk asked him to sign an affidavit regarding his response to CPRA request 2025-158, Councilmember Blain stated “I’m never signing an affidavit I don’t trust you , Hazeltine, Fenstermacher, or Mayor.”

62. Councilmember Blain has shown a blatant disregard for the CPRA and California’s document preservation laws despite his obligation under State law to preserve any record relating to City business. By his own admission, Councilmember Blain has deleted public records, and the evidence shows he continues to intentionally conceal public records subject to public disclosure.

63. Absent judicial intervention, Councilmember Blain has made it unmistakably clear that he does not intend to comply with his obligations under the CPRA.

64. To ensure its own compliance with the CPRA, the City needs Councilmember Blain to conduct a complete review of his personal devices and accounts and to produce any public records responsive to the CPRA requests described above. Once this review is complete, Councilmember Blain must attest to the fact that he has complied with his obligations under the CPRA so the City can prove this to the requesters and, if necessary, this Court.

THE PUBLIC RECORDS ACT

65. The CPRA embodies the California Constitution’s mandate that “[t]he people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.” (Cal. Const., art. I, § 3(b)(1).)

66. Under the CPRA, a local agency is required to promptly make available any non- exempt public records to any person upon request. (Gov. Code § 7922.525.)

67. What constitutes a public record is broadly defined and includes “[a]ny handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, … regardless of the manner in which the record has been 355 of 2175
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stored.” (Gov. Code § 7920.545.)

68. Written communications — including emails and text messages — sent or received by a public official on his or her personal device are public records if they concern public business(City of San Jose, supra, 2 Cal.5th at p. 625.) The CPRA requires public officials and employees who are potential records custodians, “to search their own personal files, accounts, and devices for responsive material …” (Id. at p. 618.)

69. Noting the need to balance employee privacy interests, the California Supreme Court has stated that it is permissible for a local agency to rely on individual employees (or officials) to conduct a search of their own records and supply an affidavit to the agency attesting to the same and why any withheld records are not “public records.” (City of San Jose, supra, 2 Cal.5th at p. 628.) However, this process must be “followed in good faith.” (Ibid.)

70. Local agencies, including elected officials, are generally required to maintain public records for at least two years. (Gov. Code § 34090.) Further, most public records older than two years may only be destroyed with the approval of the legislative body and written consent of the city attorney.

71. When a local agency fails to produce responsive public records pursuant to a valid request, the requestor may seek a court order requiring the agency to provide such documents. (Gov. Code § 7923.000.)

72. Notably, the statutory penalties for failure to produce public records falls on the public agency and not the official who refuses to furnish records. (Gov. Code § 7923.115(a).) The Government Code allows a prevailing requestor of public records to recover attorneys’ fees and costs against the public agency, and further provides that a public official who is involved in the failure to produce public records cannot be personally liable for such an award. Remedies against individual officeholders must arise by writ and via Government Code section 3060, a civil indictment for misconduct in office

73. Regrettably, the City is forced to bring this action to comply with its obligations under the CPRA and state law and to ensure Councilmember Blain complies with his mandatory legal duty to preserve public records and produce the same upon request and to refrain from 356 of 2175
July 1, 2025, Item #3
deleting public records.

FIRST CAUSE OF ACTION
(Violation of the California Public Records Act)

74. The City hereby incorporates the allegations of the foregoing paragraphs as though set furth fully herein.

75. As an officer and representative of the City, the CPRA obliges Councilmember Blain to ensure that public records are produced upon request. (See Gov. Code § 7922.525.)

76. The City alleges that Councilmember Blain has been withholding public records despite being requested to produce them to the City as responsive to CPRA requests.

77. This mandatory duty arises from Councilmember Blain’s status as a member of the City Council and may be compelled by a writ of mandate.

78. The City has an interest in having the laws executed and public duties enforced and, therefore, has a beneficial interest in the outcome of the proceedings.

79. The City has a clear, present, and legal right to Councilmember Blain’s performance of his ministerial duties, as required by the PRA.

80. The City has no plain, adequate, and speedy remedy at law to redress Councilmember Blain’s unlawful conduct described herein. Under the CPRA, the City must ensure responsive public records are produced when requested and this requires the good faith search and retrieval of records by City employees and officials.

81. Pursuant to Code of Civil Procedure section 1085, a writ of mandate should issue directing Councilmember Blain to: (a) produce all public records in his possession, including on personal devices or accounts; and (b) attest to his compliance with the CPRA.

SECOND CAUSE OF ACTION
(Violation of Government Code Section 34090)

82. The City hereby incorporates the allegations of the foregoing paragraphs as though set furth fully herein.

83. Local agencies, including elected officials, are generally required to maintain public records for at least two years. (Gov. Code § 34090.) 357 of 2175
July 1, 2025, Item #3

84. Councilmember Blain, as an officer of the City, has a mandatory duty to refrain from deleting or destroying public records without the approval of the City Council and the consent of the City Attorney.

85. The City has an interest in having the laws executed and public duties enforced and, therefore, has a beneficial interest in the outcome of the proceedings.

86. The City has a clear, present, and legal right to Councilmember Blain’s performance of his ministerial duties, as required by Government Code section 34090.

87. The City has no plain, adequate, and speedy remedy at law to redress Councilmember Blain’s unlawful conduct described herein.

88. Pursuant to Code of Civil Procedure section 1085, a writ of mandate should issue directing Councilmember Blain to refrain from deleting public records on any private email accounts, text messages, social media, or messenger apps in his possession, control, or custody.

THIRD CAUSE OF ACTION
(Violation of Government Code Section 6200)

89. The City hereby incorporates the allegations of the foregoing paragraphs as though set furth fully herein.

90. The City is informed and believes, and on that basis alleges, that Councilmember Blain willfully destroyed public records, in violation of Government Code section 6200.

91. Government Code section 6200 states:

Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following: (a) Steal, remove, or secrete. (b) Destroy. mutilate, or deface. (c) Alter or falsify.

92. Councilmember Blain, as an officer of the City, has a mandatory duty to refrain from willfully destroying public records.
358 of 2175
July 1, 2025, Item #3

93. The City has an interest in having the laws executed and public duties enforced and, therefore, has a beneficial interest in the outcome of the proceedings.

94. The City has a clear, present, and legal right to Councilmember Blain’s performance of his ministerial duties, as required by Government Code section 6200.

95. The City has no plain, adequate, and speedy remedy at law to redress Councilmember Blain’s unlawful conduct described herein.

96. Pursuant to Code of Civil Procedure section 1085, a writ of mandate should issue directing Councilmember Blain to refrain from deleting public records on any private email accounts, text messages, social media, or messenger apps in his possession, control, or custody.

FOURTH CAUSE OF ACTION
(Declaratory Relief per Code of Civil Procedure Section 1060)

97. The City hereby incorporates the allegations of the foregoing paragraphs as though set furth fully herein.

98. An actual controversy has arisen and now exists between the City and Councilmember Blain concerning Councilmember Blain’s obligations under the CPRA, Government Code section 34090, Government Code section 6200 and his compliance with the same.

99. The City contends that Councilmember Blain has not complied with his obligations under these laws by (1) withholding responsive documents contained on his personal devices or accounts, (2) deleting public records, and (3) refusing to attest that he has produced all public records in his possession.
100. The City seeks a declaration from this Court consistent with its contentions as set forth above. Such a declaration is necessary and appropriate so that the City may determine its rights and responsibilities and the obligations of Councilmember Blain with respect to the City’s compliance with the numerous pending CPRA requests relating to Councilmember Blain.

FIFTH CAUSE OF ACTION
(Injunctive Relief per Code of Civil Procedure Section 526) 101. The City hereby incorporates the allegations of the foregoing paragraphs as though 359 of 2175
July 1, 2025, Item #3
set furth fully herein.
102. Unless he is enjoined by the Court, the City has reason to expect Councilmember Blain to continue to violate his mandatory duties under the CPRA Government Code section 34090, and Government Code section 6200. Councilmember Blain has made it abundantly clear that he (1) will not search his personal devices and accounts for responsive records, (2) will not attest that he does not possess any additional public records , and (3) will not refrain from deleting public records, including those in any private email accounts, text messages, social media, or messenger apps in his possession, control, or custody.. 103. Without an injunction, the City will be irreparably harmed because the City may never be able to recover public records Councilmember Blain has deleted and will delete.

Additionally, because the CPRA specifies remedies against only the City, the City has no other course of action to ensure Councilmember Blain’s compliance with the CPRA and to comply with that statute itself.
104. Accordingly, the City is entitled to an injunction requiring Councilmember Blain to (1) perform a diligent search of his personal devices and accounts for responsive public records, (2) attest that he has done so, and (3) cease deleting public records on his personal devices and in his personal accounts.

PRAYER FOR RELIEF
WHEREFORE, Petitioner and Plaintiff City of Poway prays for judgment against Respondent and Defendant Councilmember Arthur (Tony) Blain as follows:

1. For a Writ of Mandate:
a. Directing Councilmember Blain to comply with his mandatory duty to produce responsive documents under the CPRA as to the Public Records Act requests identified above;
b. Directing Councilmember Blain to produce public records responsive to those request and attest that he has done so; and
c. Directing Councilmember Blain to refrain from deleting public records, including those on any private email accounts, text messages, social media, or messenger apps in 360 of 2175
July 1, 2025, Item #3
his possession, control, or custody.

2. For the declaratory relief requested above.

3. For a temporary restraining order and/or preliminary injunction ordering Councilmember Blain to comply with his obligations under the CPRA to produce public records responsive to the requests identified above and his obligations under California document preservation laws to refrain from deleting public records.

4. For a permanent injunction ordering Councilmember Blain to comply with his obligations under the CPRA to produce public records responsive to Public Records Act requests and his obligations under California document preservation laws to refrain from deleting public records, including those on any private email accounts, text messages, social media, or messenger apps in his possession, control, or custody.

5. For an award of attorneys’ fees, litigation expenses, and costs as required or permitted by law including but not limited to California Code of Civil Procedure section 1021.5 and the common law private attorney general doctrine.

6. For any such further relief as the Court deems just and proper.

DATED: April 30, 2025 COLANTUONO, HIGHSMITH &

WHATLEY, PC
MICHAEL G. COLANTUONO
AJIT S. THIND
SERGIO C. ORDAZ
Attorneys for Petitioner and Plaintiff City of
Poway
361 of 2175
July 1, 2025, Item #3

EXHIBIT A

EXHIBIT A
362 of 2175
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055
City Clerk / City Attorney /
City Manager
February 2019

6 Ata} lhe
Tina White, City Manager |

Policy & Procedure

ELECTRONIC COMMUNICATIONS POLICY
(E-mail, Tablets, Smart Phones and other Electronic Devices)

1. PURPOSE
The objective of this policy is to provide clear and concise direction regarding use of the City’s electronic mail (e-mail) system, personal devices and personal accounts (if any City-related records exist there).

The goals of this policy provide for continued transparency in the conduct of the public’s business, proper retention of records, and ensuring the City complies with the Public Records Act and the San Jose v. Superior Court ruling' regarding public employee, or public official use of personal accounts or devices for City business.

This policy applies to all employees, elected officials, appointed officials and consultants or other non-employees utilizing the City’s electronic communications system.

2. POLICY
All City employees and officials shall be assigned a City e-mail account. E-mail is intended for City-related purposes only. All e-mail communications on City e-mail or regarding City business are the property of the City of Poway. The City reserves the right to retrieve and make proper and lawful use of any and all communications transmitted through the e-mail system. The City respects the individual privacy of its employees. However, an employee cannot expect privacy rights to extend to work-related conduct or the use of City-owned equipment or supplies.

Consequently, e-mail users shall have no reasonable expectation of privacy in communications sent over the City e-mail network as e-mail communications are not confidential.

The “default” retention for electronic communications, pursuant to the City’s Records Retention Policy, is two (2) years.

To ensure public records are properly captured, stored, and retained by the City, the use of personal devices (e.g. personal cell phones), and/or personal accounts (e.g. a private e-mail address) to discuss or conduct City business is strongly discouraged.

3. PROCEDURES
A. Records Management

1 City of San Jose v. Superior Court (Smith). S218066. Supreme Court of California, 2017 363 of 2175
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Electronic Communications Policy
February 2019

Page 2 of 6 ends

E-mail generates correspondence that may be recognized as official records in need of protection/retention in accordance with the California Public Records Act. Therefore, electronically stored records such as e-mail are subject to retention requirements.

Information Technology shall store all e-mails stored in the “In Box” or “Sent Items” for two (2) years, in compliance with the City’s records retention schedule.

E-mails stored in “Managed Folders” or “Archive” are not automatically deleted after two (2) years. Employees are responsible for deleting these in accordance with the City’s records retention policies.

Users are solely responsible for the management of their mailboxes, just as they are responsible for the contents of their physical inbox in their office. It is the responsibility of the user to conduct regular and routine management and deletion of all e-mail correspondence in both the “In Box” and “Sent Items” once they are no longer required.

Generally, the sender of the e-mail should be the person responsible for saving it electronically and/or printing and filing it, but persons responsible for a particular program or project file are responsible for retaining appropriate e-mail that they send or receive related to that program or project.

If an e-mail is required to be retained longer than two (2) years, the user is responsible for saving it in the appropriate file folder (electronic or paper) so it is retained for the applicable retention period, as determined by the City’s records retention schedule.

In general, e-mail communications fall into one of the following two categories:
i. Records that relate in some substantive way to the conduct of the public’s business such as e-mails that contain significant policy decisions, requests and replies to requests for public records or direction to staff or consultants, etc. should be printed or saved electronically, filed and retained pursuant to the City’s Records Retention Program.
ii. Preliminary drafts, notes, personal messages, announcements, interagency or intra-agency memoranda that does not relate in some substantive way to the conduct of the public’s business or are unrelated to the business of the City, that are created for convenience only and the information provides general information such as announcing the dates and times of meetings, responses to Listservs, and requests for general City information other than public records, etc. need not be saved. These records should be deleted once the information is understood or communicated (i.e., if it is an announcement of a meeting, place the meeting on your calendar and delete the announcement).

Retention of an e-mail, electronic, or paper record is determined because (1) a law required it to be kept or (2) it is necessary or convenient to the discharge of the public officer’s duties and was made or retained for the purpose of preserving its informational content for future reference.”

2 California Attorney General’s Opinion, 64 Ops. Cal. Atty. Gen. 317 364 of 2175
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Electronic Communications Policy
February 2019

Page 3 of 6 ends

B. Managing Electronic Communications
E-mail is not a records management system - it’s a communication system. Staff are strongly discouraged from using it for storing records that are to be retained longer than two (2) years. Determining whether an e-mail is a record that needs preservation and retention is the responsibility of the employee or official, in accordance with the guidelines contained in this policy and the City’s Records Retention Program.

To ensure maximum efficiency in the operation of the e-mail system:

Once a City official or employee has determined that an e-mail should be maintained for longer than two (2) years, he or she must save the e-mail from his or her inbox to an electronic folder, or print and file the e-mail, or otherwise retain the e-mail.

Staff can use “Drag & Drop,” “Save As,” “Print to PDF,” “Print & File” or other methods to save e-mail into a project folder, both inside or outside the e-mail system. i. All incoming and sent e-mails that are older than two (2) years will be AUTOMATICALLY deleted on a daily basis.
i, All deleted items (trash folder) that are older than seven (7) days will be permanently deleted from the system.

4. PERSONAL DEVICES / PERSONAL ACCOUNTS / TEXT MESSAGES A. Use of Personal E-mail for City-Related Matters
All City officials and employees, whether hired, elected or appointed, are strongly discouraged from using personal e-mail accounts to conduct any City-related business on matters or items concerning the City.
i. Encourage Others to Send to Correct Accounts. City employees and officials shall endeavor to ask persons sending electronic communications regarding City business to a personal e-mail account or personal device, to please utilize the City’s official e-mail account, and likewise shall endeavor to ask a person sending e-mail communications regarding non-City (personal) business to NOT use the City’s e-mail account, but instead use the personal account or device for personal business.
i. Production of Records in Response to a PRA Request. If a request for records is received pursuant to the California Public Records Act, employees and/or officials are required to search their personal accounts and personal devices for any and all records that are responsive to the request and forward them to the City, whether or not they are confidential, or exempt from disclosure. The employee or official can request that appropriate records be held as exempt from disclosure, but the final determination of whether a record is disclosable or not shall be made by the City Attorney. The City has the right to request a declaration or affidavit from any employee or official stating that they have fully produced any and all records pursuant to a request.
365 of 2175
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Electronic Communications Policy
February 2019

Page 4 of 6 ends

Forwarding E-mails or Texts. E-mails may only be sent or forwarded to appropriate persons with a need to know the information in order to conduct City business. If an employee sends a text or e-mail from a personal account regarding City business which needs to be retained, they should immediately forward it to their City’s e-mail account for retention, and potential disclosure.

Protection of Confidential E-mail or Texts. Write the word, “Confidential” on protected e-mail. Do not interfile e-mail or other privileged correspondence from the City Attorney’s office with public documents (documents that are accessible to the public). These e-mails may be subject to the Attorney-Client and/or the Attorney Work Product privileges, and the contents should not be disclosed without first checking with the City Clerk.

Litigation Holds / Other Types of Holds. E-mails subject to litigation (including a reasonable expectation of litigation) claims, complaints, audits, records requests and/or investigations suspend normal retention periods (retention resumes after settlement or completion of the triggering hold).

B. Separation / Transfer of Employees
The City’s technology systems must be set up to immediately disable a separated employee’s access to City e-mail and/or other technology. Human Resources and Information Technology shall ensure timely notifications of all employee separations.

During separation, Human Resources will coordinate with separating employee’s supervisor to encourage the following:
1) Forward any e-mails or text messages relating to City business stored on personal devices or personal accounts to their City e-mail account. 2) Employees are to close and/or remove any access to City e-mail or other technology systems from their personal devices.

The records stored in the e-mail account (including any archives,) of an employee who separates or transfers shall be the responsibility of that employee’s (former) supervisor.

If a supervisor needs access to a former employee’s e-mail account, they shall notify Information Technology, who shall provide temporary access to the e-mail account, which shall not exceed two (2) years.

E-mail that remains in an account (that is not saved in a subject / project file folder outside the e-mail system) will be backed up and retained for two (2) years.

5. USER GUIDELINES
A. Employees who are assigned a mailbox are responsible for checking their mailbox on a regular basis during the workday for messages. Messages received should be responded to promptly.
366 of 2175
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Electronic Communications Policy
February 2019

Page 5 of 6 ends

B. Incidental personal use of the City’s e-mail system is permitted. Such messages are subject to the access and disclosure statement set forth in this policy. Employees shall ensure that the content of their e-mail is in compliance with the standards of this policy.

C. E-mail should not be used for broadcast purposes unless the message is of interest to all users.

D. Inappropriate uses of e-mail include:
i Any private, profit-making activity such as “for sale” notices and wantads. i. Support or opposition to campaigns for candidates for elected offices or ballot measures.
ii. Messages of a religious nature or promoting or opposing religious beliefs. iv. Language and/or images which are insulting, offensive, disrespectful, demeaning, or sexually suggestive, or in violation of the City’s Workplace Bullying Policy. v. Harassment of any form, sexual or ethnic slurs, obscenities, or any representation of obscenities, or in conflict with the City’s Equal Opportunity, Harassment and Retaliation Policy.

Failure to comply with this policy may be cause for disciplinary action up to and including termination.

Attachment: City of Poway, Acknowledgement of Terms, Electronic Communications Policy 367 of 2175
July 1, 2025, Item #3
Electronic Communications Policy
February 2019

Page 6 of 6 ends

City of Poway
Acknowledgement of Terms

ELECTRONIC COMMUNICATIONS POLICY
(E-mail, Tablets, Smart Phones and other Electronic Devices) I, , have read and understand the City of Poway’s E-mail Policy. | will comply with the Policy, and | understand that failure to do so may result in disciplinary action.

Signature of City Employee or Official Date
Attachment A
368 of 2175
July 1, 2025, Item #3

EXHIBIT B

EXHIBIT B
369 of 2175
July 1, 2025, Item #3

| know
Thursday « 1:23 PM

Delete all my texts to
you ok - Poway Mayol ...
& Attorney trying to
sue me - let’s change ®
to Signal app - they
can’t access It
1:23 PM

G RCSme... © th
q o ~
370 of 2175
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EXHIBIT C

EXHIBIT C
371 of 2175
July 1, 2025, Item #3
Tony Blain © (bh &
Maame(oyiave mom (-1mucal-Jaame(omianaal-]a mu ilam\/t-)\Ae) fe entire City will be front page news when you
guys kick me off
Please don't contact me again
You sit there and let them lie and manipulate
reValeMIZolUmsy- hm avelialiare)
You're just as guilty as them 3:15 PM
Turn these texts into Edmondson via PRR
3:19 PM
And only way to attend remotely is disclose my
KoXer-)d(o)aleem ale) eveleh’alalanlilics]aVm\c-]my4e) al-Me)'=1 &X-1- FS) is allowed to disclose their location —
therefore | am NOT allowed to attend remotely,
and you and Council will kick me off after 60
days “unexcused absence”
Vaus/DeHoff/Pikus and probably you will vote
that my absences are UNEXCUSED and you
will kick me off Council
Get it now???
Nato Maamcidlimer-]itiale m= mw cel nicehw i=) am (alerielelialemerete)s to door since you sit quietly while Vaus and
DeHoff and Hazeltine and Fenstermacher lie
on dais and you say nothing = that is the
definition of a wallflower 3:51 PM
Thu, Mar 13

372 of 2175
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26 26

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1 From: Tony Blain <[email protected]>
Sent: Thursday, November 7, 2024 6:13 AM
To: City Clerk
Cc: Fenstermacher, Alan; Chris Hazeltine
Subject: Re: Notice of Intent to Circulate Petition for Term Limits Attachments: PublicNotice-TermLimits-11-07-2024.pdf
Good morning, Poway City Clerk
1) Attached is the edited version of the Term Limits Notice -- please proof read it and let me know if you suggest any edits. Thank you for looking at my 11/6/24 version yesterday and making the suggestion / edit in your e-mail below. That was extremely helpful.
2) As you probably know, I was most likely elected to City Council, awaiting certification. I am asking you, and the City Attorney, City Manager, and entire City staff, very politely and professionally to change your interactions and demeanor with me and 100% of city residents. If we turn in a Notice of Intent to Circulate Petition, for example, I expect you to read it and give us unofficial friendly suggestions on how to improve / edit the document, not say "Sorry I cannot help you, please consult an elections attorney." I think I got off on the wrong foot with you in the past, and I apologize, so please accept my apology and move forward and change your interactions with me and everyone to be more helpful and cooperative. You will see a large number of improvements. We work for the residents / tax payers of Poway -- they pay our salaries -- we will ALL be much more cooperative, friendly, and helpful, or we will lose our jobs. 3) I will be asking publicly for a 3-6 month national search for both the City Attorney and City Manager at my first City Council meeting, after which I will be asking for both of their resignations. We need a fresh new start in Poway. Poway residents have lost faith in Poway leadership all the way from the Mayor, Council, to City employee leaders. 4) I look forward to working with you for many years to come, Carrie -- Steve Marietti, my campaign manager, has nothing but extremely high praise for you, so let's move forward and count today as a new day in the future of the City of Poway.

Respectfully,
Tony Blain
On Wednesday, November 6, 2024 at 05:15:10 PM PST, City Clerk <[email protected]> wrote:

I’m available 11/13 2:00 pm following our agenda posting. Please ensure that your terms of office beginning dates align throughout your document, once officially submitted and accepted, no changes can be made.

Carrie Gallagher, CMC
City Clerk
1332
5 Civic Center Drive
Poway, CA 92064
374 of 2175
July 1, 2025, Item #3
2 (858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

From: Tony Blain <[email protected]>
Sent: Wednesday, November 6, 2024 3:55 PM
To: City Clerk <[email protected]>
Subject: Re: Notice of Intent to Circulate Petition for Term Limits

EXTERNAL EMAIL

Good afternoon,

Please give me appointment any day of the week 12 noon - 4 pm

Thank you,

Tony Blain

Sent from Yahoo Mail for iPhone
375 of 2175
July 1, 2025, Item #3
3 On Wednesday, November 6, 2024, 2:26 PM, City Clerk <[email protected]> wrote:

Hello,

Yes, your email was received. An original copy with signature needs filing in the City Clerk’s office. Please schedule an appointment. City Hall is dark Friday and closed Monday in observance of Veteran’s Day.

Thank you,

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

From: Tony Blain <[email protected]>
Sent: Wednesday, November 6, 2024 8:48 AM
376 of 2175
July 1, 2025, Item #3
4 To: City Clerk <[email protected]>
Subject: Notice of Intent to Circulate Petition for Term Limits

EXTERNAL EMAIL
Poway City Clerk,

Please acknowledge receipt of attached Notice of Intent to Circulate Petition for Term Limits.

Thank you,

Tony Blain
377 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Subject: Job
Date: Monday, November 18, 2024 3:28:15 PM

EXTERNAL EMAIL
Hi, Chris,
The only way I will support your continued employment is if you sit down with me and tell me where every penny of our water fees goes and what it’s spent on.

I will give you until Dec. 2 to do do.

WE WILL LOWER WATER RATES

TRANSPARENCY
Your lack of response will be interpreted as your refusal.

Tony Blain

Sent from Yahoo Mail for iPhone
378 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Subject: Please consider resigning.

Date: Tuesday, November 26, 2024 8:49:44 PM

EXTERNAL EMAIL
Poway City Manager,
Please consider resigning.

Tony Blain
Sent from Yahoo Mail for iPhone
379 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Subject: Re: Please consider resigning.

Date: Tuesday, November 26, 2024 8:52:28 PM

EXTERNAL EMAIL
We will force your resignation in 23 months when we have 3 votes on Council (hopefully sooner)
Tony Blain
Sent from Yahoo Mail for iPhone
On Tuesday, November 26, 2024, 8:49 PM, Tony Blain <[email protected]> wrote:

Poway City Manager,
Please consider resigning.

Tony Blain
Sent from Yahoo Mail for iPhone
380 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Thursday, November 28, 2024 7:31 PM
To: Fenstermacher, Alan; Chris Hazeltine
Cc: Steve Vaus; Brian Pepin; Peter De Hoff; Anita Edmondson; Caylin Frank Subject: Notice
I'm calling for Poway City Attorneys immediate resignation AND 6 month national search for new City Manager at my FIRST Council meeting - Poway needs a fresh NEW start NEW faces NEW cooperation

NEW HONESTY NEW TRANSPARENCY NEW INTEGRITY
NO MORE BACKROOM POLITICS!!!
Sent from Yahoo Mail for iPhone
381 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine; Fenstermacher, Alan
Cc: Steve Vaus; Brian Pepin; Anita Edmondson; Peter De Hoff; Caylin Frank Subject: Please resign
Date: Saturday, November 30, 2024 1:55:38 PM
Attachments: IMG_5521.png
Poway City Manager & Poway City Attorney,
Please resign. You have 1,300 Poway residents in only 48 hours on Nextdoor who agree.

We will have your resignation in 11 months NOV 2025 election when we force D1 Special Election via Ballot Initiative and then have 3 votes on City Council.

Do the right thing and resign now and give Poway a fresh political start.

Tony Blain
382 of 2175
July 1, 2025, Item #3
1:49 ee)
<4 Search
< Post insights G)
Nov 28: I'm calling for Poway City
Attorneys immediate resignation AND 6
month national search for new City
IR Manager at my FIRST Council meeting -
Poway needs a fresh NEW start NEW faces
NEW cooperation NEW HONESTY NEW

TRANSPARENCY NEW INTEGRITY

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27 384 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine; Fenstermacher, Alan
Subject: Meetings
Date: Wednesday, December 11, 2024 1:16:21 PM

EXTERNAL EMAIL
Again, I have no intention of entering City Hall while you both work here — I don’t trust either of you
Please tell me if we can hold our weekly meeting in any neutral location Tony Blain
Sent from Yahoo Mail for iPhone
385 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Subject: Zoom?
Date: Wednesday, December 11, 2024 2:51:42 PM

EXTERNAL EMAIL
Can we do Zoom meetings Mondays 4 pm?
Again I have no intention of entering City Hall until you are gone I do not give you permission to leave door open or in any way have our meetings heard by anyone

Sent from Yahoo Mail for iPhone
386 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Cc: Jenny Maeda; Fenstermacher, Alan
Subject: Re: Water Fees
Date: Monday, January 13, 2025 6:48:58 AM
Mr. Hazeltine,
In the future, I am requesting HR be CC:’d or in the room when you and I communicate. I don’t trust you, and everything you do and say is veiled in political motivations.

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain <[email protected]>
Sent: Sunday, January 12, 2025 5:12:59 PM
To: Chris Hazeltine <[email protected]>
Cc: Jenny Maeda <[email protected]>; Fenstermacher, Alan <[email protected]> Subject: Re: Water Fees

One last quick comment, Chris: Are you aware that most Poway residents are scared of you? That is per my discussions with 5,000 residents. Nobody wants to tell you about complaints since they specifically tell me they fear retribution from you or City employees you supervise. This is going to change. You are NOT in charge of Poway. The City Council, and honestly 47,000 residents, are in charge of Poway. You simply work for us, and you are an At Will employee, meaning your employment can be ceased at any time if your employer deems necessary or for the good of the City (i.e., for the good of 47,000 residents who elect the City Council).

I know you are going to get angry and probably threaten me again since I am simply telling you the truth with the above statement.

In the time you have left in your employment, please just do the right thing and help me, Jenny, and 47,000 residents and get us the water fee/ rate data I requested, and just try your best to do your job and help us manage this wonderful City of Poway.

Tony Blain
Councilmember
City of Poway
858-248-1509
387 of 2175
July 1, 2025, Item #3
From: Tony Blain <[email protected]>
Sent: Sunday, January 12, 2025 4:42 PM
To: Chris Hazeltine <[email protected]>
Cc: Jenny Maeda <[email protected]>; Fenstermacher, Alan <[email protected]> Subject: Re: Water Fees

Chris,

1. Let me clarify: your future employment will be based on your PAST and FUTURE job performance based on discussions with all PAST and FUTURE employees and city residents. Our decision to continue your employment will be extremely objective. As you know, I personally recently spoke with at least 5,000 residents and I received many complaints about you, which I have asked everyone to document.

2. Again, this is at least the 6
th time I have asked you a very simple question: Please at least give me an introductory approach on how you are going to get me specifically where every dime of our water fees goes to. You have NOT responded appropriately or in any detail. I can only conclude you are hiding what you know. Please just do the right thing and get me these details expeditiously.

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Sunday, January 12, 2025 4:13 PM
To: Tony Blain <[email protected]>
Subject: RE: Water Fees

Councilmember Blain-

Of all the words I could’ve possibly contemplated to describe our first few weeks of interaction, “honeymoon” couldn’t have been further from consideration.

I choose to sit idly by and ignore your
threats of intimidation when you incessantly state you will have three votes of the city council in 11 months, and you will be mayor in 23 months, all implying you will have the votes necessary to separate me from my position as city manager.

But you crossed a line again, when you stated you “don’t think I will be quick and transparent” with your request for water rate information.

As I stated to you before in response to a December 10, 2024 email in which you accused me of “scheming to recall you,” I am a dedicated public servant bound and committed to a professional code of ethics.

I love Poway, I take my job seriously, and I
388 of 2175
July 1, 2025, Item #3
am a consummate professional. I will continue to act in that matter, even with you, but I will not allow you to tarnish my name with unfounded presumptions or accusations.

Further, in the December 10, 2024 email response to you, “I implore(d) you to please refrain from any further harassing, bullying, or threatening messages.” I am no longer imploring, and respectfully requesting doesn’t seem strong enough, so I am now demanding you cease subjecting me to these types of behaviors, which now include acts of intimidation delivered electronically or otherwise.

For
what it’s worth, never in my nearly 40 year career did I ever think I would be so overwhelmingly compelled to make this kind of statement to an elected official, and I take no pleasure in doing so.

Specific to your water rates request, your question has been asked and answered on more than one occasion.

In our efforts to be helpful, the most recent response to your request even included directions on how to read the budget; you are either unable or unwilling to do so. The assertion we are not being transparent is laughable. The City’s finances are audited annually, and we annually receive the Government Finance Officers Association award for our budget development.

Additionally, the amount of review and analysis of our water enterprise fund conducted by third parties as part of the issuance or revenue bonds to finance our water improvement program was an unprecedented exercise.

All subject matter experts agreed the City’s water enterprise fund is managed responsibly.

I struggle to determine if your actions toward me are driven by ignorance or arrogance, I suspect it’s a combination of both.

I standby, willing to assist with addressing the ignorance, but you are on your own to address the perceived arrogance.

In the earlier referenced December 10 email, I stated, “I am very hopeful this email exchange can be nothing more than a small blip in an otherwise professional and productive working relationship.”

Here we are a month later, I suppose I’m still hopeful.

-Chris

From: Tony Blain <[email protected]>
Sent: Friday, January 10, 2025 7:54 PM
To: Chris Hazeltine <[email protected]>
Subject: Water Fees

Hi, Chris,

I gave you a bit of a honeymoon before I start pursuing the water rate issue.

You know exactly what I want, and I will get it one way or another. Please at least give me an introductory approach on how you are going to get me specifically where every dime of our water fees goes to. There will be many e-mails back and forth, I presume, since I don't 389 of 2175
July 1, 2025, Item #3
think you will be quick and transparent with this.

Tony Blain
Councilmember
City of Poway
858-248-1509
think you will be quick and transparent with this.

Tony Blain
Councilmember
City of Poway
858-248-1509

390 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine; Fenstermacher, Alan
Cc: Claudia Delgado
Subject: Re: Council Meetings
Date: Saturday, January 18, 2025 11:20:29 AM
I feel intimidated and threatened by your statement below, Chris. I'm sorry you feel that way. You have my upmost support while you are City Manager.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water

https://poway.org/317/Water
Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.
https://poway.org
Please e-mail us all in 2 weeks for response if we do not respond sooner. 391 of 2175
July 1, 2025, Item #3

You assume incorrectly, and you have made it extremely clear on countless occasions you do not trust me. I consider your statement below another threat against my employment and another act of intimidation and retaliation.

But I will do as you request and blind copy the entire council.

From: Tony Blain <[email protected]>
Sent: Saturday, January 18, 2025 11:08 AM
To: Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]> Cc: Claudia Delgado <[email protected]>
Subject: Re: Council Meetings

I will assume you blind copy entire Council on every single word I type from now on

I do not trust you, Chris- you are biased toward a corrupt Mayor who is supporting your continued employment

Please blind copy entire Council on this e mail

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

392 of 2175
July 1, 2025, Item #3
Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Chris Hazeltine <[email protected]>
Sent: Saturday, January 18, 2025 11:04:36 AM
To: Fenstermacher, Alan <[email protected]>; Tony Blain <[email protected]> Cc: Claudia Delgado <[email protected]>
Subject: RE: Council Meetings

Councilmember Blain-

You are free to park anywhere you’d like at City Hall. As you are well aware, uniformed Sheriff Deputies are present at all City Council meetings, and they congregate in the parking lot, in the entry courtyard, in the lobby, and inside the council chambers before, during, and after meetings; they are there to keep everyone in attendance safe.

My recommendation to you is to use the front doors to
393 of 2175
July 1, 2025, Item #3
council chambers, just as every other member of the council typically does, as that is where the law enforcement presence exists. While I am sympathetic to your expressed concerns, I will not be requesting any additional Sheriff Deputies attend the meetings and post up at different locations, but I will defer to Captain Delgado and her staff if they have thoughts or opinions to the contrary, based on any information they’re aware of that I do not know.

Captain Delgado is fully empowered
to act as she deems appropriate.

As for your statement, “my perception and physician professional impression that he is mentally unstable, probably severe personality disorder manifestations,” I consider this your personal opinion as a licensed medical professional and/or resident. You are not representing the City of Poway in any way, shape, or form, nor are you acting in your role as a city councilmember when you make such statements/diagnosis.

The entire council is blind copied on this email, for their general information.

From: Fenstermacher, Alan <[email protected]>
Sent: Friday, January 17, 2025 11:20 AM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Claudia Delgado <[email protected]> Subject: Re: Council Meetings

EXTERNAL EMAIL
I won’t speak for what the City Manager or sheriff captain will do, but I am only responding to point out that your email below is an incorrect description of my prior email on this topic.

I told you that the City could not and would not file a police report or seek a restraining order for you because of the liability it would cause the city. I also told you we would not help
you attempt to use law enforcement to retaliate against your constituents that complain to you on your official city accounts or other political opponents, which again would result in significant liability for the city.

I did not tell you not to seek a restraining order, particularly if you actually fear for your safety. I said you should file / seek one if you felt unsafe. I also indicated that a few emails did not indicate a health and safety issue to me but that was your call. Please re-read my email you referenced.

Please do not attempt to rewrite history by misrepresenting my emails.

I also note that a restraining order is something you must get from a court after presenting actual evidence, not something you can just freely obtain. You would also be required to submit documents under the penalty of perjury. You are free to make use of the courts and I never told you not to.

394 of 2175
July 1, 2025, Item #3

I have blind copied the entire council so they are aware of this matter.

I have also copied the sheriff captain as well. Please note filing a false police report is a crime.

On Jan 17, 2025, at 10:51 AM, Tony Blain <[email protected]> wrote:

City Manager,

Please note I will be parking on right back City Hall parking lot and entering Council Chambers via right side entrance 5 min before every meeting and immediately leaving the second the meeting is over. I fear for my safety based on multiple threatening e-mails, social media, and my personal interaction with at his front door when I knocked campaigning. It is my perception and physician professional impression that he is mentally unstable, probably severe personality disorder manifestations, and I fear for my safety and that of my family.

The City Attorney asked me not to file for a restraining order - see his long previous e-mail to me.

Please inform the Poway Sheriff captain. I am asking for a sheriff to be posted at this entrance and in the right side parking lot when I arrive and leave for Council meetings.

Thank you,

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints
395 of 2175
July 1, 2025, Item #3

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

396 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Subject: Tribune
Date: Tuesday, January 21, 2025 9:45:47 AM
City Manager,
Thank you for leaking my confidential e mails to you about my public safety concerns to Tribune. Now you know why nobody trusts you except for Vaus and DeHoff.

Please BC: this to entire Council.

General Service Request
https://poway.org/270/Service-Request
Water

https://poway.org/317/Water
Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.
397 of 2175
July 1, 2025, Item #3
https://poway.org
Please e-mail us all in 2 weeks for response if we do not respond sooner.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 398 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Patty Fletcher
Cc: Chris Hazeltine
Subject: Re: Council Binder Ready - and Mail
Date: Tuesday, January 21, 2025 9:47:37 AM
No please never open any of my Council e mails. I do NOT give permission. You work for Hazeltine and I don’t trust him.

He just leaked confidential e mails about my public safety to Tribune.

General Service Request
https://poway.org/270/Service-Request
Water

https://poway.org/317/Water
Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.
https://poway.org
399 of 2175
July 1, 2025, Item #3
Please e-mail us all in 2 weeks for response if we do not respond sooner.

Hello Councilmember Blain,

Noted that you will not be needing a binder moving forward.

As for your mail: Typically, I open Councilmembers mail (unless it says confidential) and if it is important and/or time sensitive, I scan a copy to them accordingly. If this is amenable to you, I’ll do the same with your mail.

Patty

From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 4:42 PM
To: Patty Fletcher <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Re: Council Binder Ready

Hi, Patty, I no longer need paper binder, I will review electronic copy

Can you mail me any mail to my home address? I will not be entering City Hall

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Patty Fletcher <[email protected]>
Sent: Wednesday, January 15, 2025 8:56:02 AM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>
400 of 2175
July 1, 2025, Item #3
Subject: RE: Council Binder Ready

That’s great.

Patty

From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 8:53 AM
To: Patty Fletcher <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Re: Council Binder Ready

60-90 min ok

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Patty Fletcher <[email protected]>
Sent: Wednesday, January 15, 2025 8:43:10 AM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Council Binder Ready

Good Morning Councilmember Blain,

Your binder for next week’s council meeting is ready (and your mail is in the front flap).

If you happen to come by the office tomorrow, I’ll be out for a medical appointment and will leave it on my desk. Just a reminder this is our “Dark Friday” week and we’ll be closed for the holiday on Monday. If you’d prefer to wait until day of council meeting and get it when you come in, that is fine too.

Patty

401 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFensterm
[email protected]>
Sent: Tuesday, December 10, 2024 5:00 PM
To: Jodene Dunphy <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Fwd: Hi

EXTERNAL EMAIL
Jodene - ironic timing. My previous email still stands, I’m not ready to pursue a complaint, but this chain should be included in what was previously complied. Thanks Alan Fenstermacher
949 500 8247
Begin forwarded message:

From: Tony Blain <[email protected]>
Date: December 10, 2024 at 4:56:11 PM PST
To: "Fenstermacher, Alan" <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Re: Hi
We want a fresh new political start both of you gone
402 of 2175
July 1, 2025, Item #3
2 Sent from Yahoo Mail for iPhone

On Tuesday, December 10, 2024, 4:25 PM, Fenstermacher, Alan <[email protected]> wrote:

You are free to believe what you’d like, but you in fact wrong. That is what I tried to explain to you in thoughtful detail my original email response below, which I sincerely hope you read. I’m again disappointed that you are choosing not to believe me or take my good faith, earnest olive branch for what it is, at face value. Instead you are continuing question my professionalism, ethics and at this point, calling me a liar. I am mystified where any of this comes from, as you don’t know me and we have never even had an actual conversion.

My offer to speak on the phone or in person any time nonetheless stands, as is my commitment to continue to do my job and treat you the same as any other Councilmember. I may be naive, but I am hoping for better days ahead.

On Dec 10, 2024, at 4:00 PM, Tony Blain <[email protected]> wrote:

I could be wrong, but your primary goal is to get me kicked off Council as quickly as possible

That is the framework of all of our future interactions

Sent from Yahoo Mail for iPhone

On Tuesday, December 10, 2024, 3:38 PM, Tony Blain
<[email protected]> wrote:

Follow whatever you are required to do legally
with all Council members

I will respond only as professionally required in
my role as Council member

I have no intention of entering City Hall until you
are both gone unless professionally required in
my role as Council member

Our interactions will be based on your
future behavior

Tony
403 of 2175
July 1, 2025, Item #3
3 Sent from Yahoo Mail for iPhone

On Tuesday, December 10, 2024, 3:27 PM,
Fenstermacher, Alan
<[email protected]> wrote:

Mr. Blain –

First and foremost, whatever you
heard is false. I am not involved,
and would never get involved, in
any recall proceedings other than
as required by my official role as
City Attorney (e.g.,
advising/assisting the City Clerk
when the recall petition and
related paperwork is filed). I am
not a politician or elected official,
but instead contracted
professional working for, and with
a duty to, the City Council as a
whole and the City generally – not
any individual Councilmember,
regardless of who it is. I am sure
Chris will speak for himself, but in
my opinion, he is a consummate
professional City Manager that I
strongly believe would not risk his
reputation or integrity get involved
in that sort of thing.

Second, I would like to express
that I find this email very
disappointing, which is one of
dozens I have received over the
past 6 to months or so attacking
my integrity, which I take
extremely seriously. In talking to
Chris yesterday, it sounded like
you two had a candid, productive,
professional and respectful
meeting, and that was carried
through to our email exchange last
night regarding social media use.

Following that, I was looking
404 of 2175
July 1, 2025, Item #3
4 forward to meeting with you soon
to fill you in on the rules of the
road as a new Councilmember,
including social media, the Brown
Act, and many other laws that now
apply to you. Again, I serve the
entire Council, and my interest is
in making sure all of you follow the
law, to limit the City’s
liability. Indeed, during my tenure,
the City has avoided litigation that
plagues many other cities, and I
am extremely proud of the part I
have played in ensuring that is the
case.

My sincere disappointment also
comes from the fact that I was –
and still am – willing to put all your
past emails to me behind me, and
start completely fresh and build a
strong, professional relationship
with you. As you know, I have not
responded to your repeated
emails demanding my resignation,
including those coming in at all
hours and on holidays, such as
Thanksgiving during dinner time.

These emails stated no grounds
for your demands, and multiple
times threatened complaints to
the State Bar. As a holder of a
professional license yourself,
surely you are well aware of the
serious nature of such complaints.

I also did not respond to your
resignation request made orally at
the last City Council meeting. All
this is to say that to see this email,
which appears to be based on
either misinformation, or no
information at all, seems to put as
back where we have been for
months now. I am sending this
email because I cannot continue
to not respond to serious and false
405 of 2175
July 1, 2025, Item #3
5 allegations, and most importantly,
as an attempt to extend an olive
branch I sincerely hope you will
take.

To that end, I do not know why you
seem to have animosity for
me. Our first interaction (at least
that I recall) was when I reached
out to you and candidly told you I
was stumped – I had never dealt
with the filing of nomination
papers for a candidate that was on
deployment abroad, and neither
had the City Clerk. I thought, as a
long serving member of the armed
forces, you might have some
knowledge or perhaps could point
me in the right direction. I was truly
shocked when you responded
negatively, with immediate harsh
words. I tried to explain that I was
just trying to find a solution, but
there was clearly a
misunderstanding. I have attached
those emails, and I am hoping a
fresh read with an open mind,
months later, you might realize
now we were just trying to help. As
of course you know, we ended up
finding a solution anyway, after
extensive research on our own. I
would think my effort to continue
helping you in this regard, despite
the harsh rhetoric and
accusations lobed in my direction,
demonstrates my
professionalism, and importantly,
how I plan handle requests from
you or otherwise interact as a
sitting Councilmember – the same
as any other Councilmember.

406 of 2175
July 1, 2025, Item #3
6 Finally, I note that I do not believe
we have ever spoken on the
phone, or in person. I am happy to
do either, and still stand ready to
move forward in a professional,
productive matter. I find those
types of communications much
more productive – even when I am
dealing with an opposing attorney
in a contentious matter – rather
than email, where folks are often
speak with vitriol that they would
not otherwise.

How we move forward next is your
choice, but I will continue to
uphold my legal and ethical
obligations to the City and each
member of the City Council,
yourself included, regardless of
what you chose to do.

Alan B. Fenstermacher

18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
<image001.png>

_______________________________________
______________
Privileged And Confidential
Communication.

This electronic transmission, and any
documents attached hereto, (a) are
protected by the Electronic
Communications Privacy Act (18 USC §§
2510-2521), (b) may contain confidential
and/or legally privileged information, and
(c) are for the sole use of the intended
recipient named above. If you have
received this electronic message in error,
please notify the sender and delete the
electronic message. Any disclosure,
copying, distribution, or use of the
407 of 2175
July 1, 2025, Item #3
7 contents of the information received in
error is strictly prohibited.

From: Tony Blain
<[email protected]>
Sent: Tuesday, December 10,
2024 11:58 AM
To: Fenstermacher, Alan
<[email protected]>;
Chris Hazeltine
<[email protected]>
Subject: Re: Hi

I will not be stepping into City Hall
while you two are employed by
City
Sent from Yahoo Mail for iPhone

On Tuesday, December 10, 2024,
11:20 AM, Tony Blain
<[email protected]> wrote:

Heard you both and
Vaus and DeHoff are
scheming to Recall me
from many people

FYI - I never told
anyone “I was their
boss — lies” - I did walk
around and say “Hi, I’m
the new Councilman, I
look forward to working
with everyone”

I have no intention of
entering City Hall next
11-23 months — I do
not trust either one of
you - this is irreparable

408 of 2175
July 1, 2025, Item #3
8 Chris, I am requesting
we meet at different
location for our weekly
meetings - neutral turf -
? Poway library - again,
I do not trust you

Tony

Sent from Yahoo Mail for
iPhone
<image001.png>
409 of 2175
July 1, 2025, Item #3
1 From: "Patterson, Alisha" <[email protected]>
Date: March 4, 2025 at 12:01:07 PM PST
To: "Fenstermacher, Alan" <[email protected]>
Subject: Fwd: Rutan
Sent from my iPhone
Begin forwarded message:

From: Tony Blain <[email protected]>
Date: March 4, 2025 at 11:35:57 AM PST
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>
Subject: Rutan
I am literally not stepping one foot in City Hall until Rutan & Tucker and current City Manager are gone - I feel threatened, bullied, and intimidated by all of the political lies
Please submit this e-mail to DA and the
Get Outlook for iOS
410 of 2175
July 1, 2025, Item #3

28 28

411 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: April 15, 2025 at 8:44:20 AM CDT
To: John Couvrette <[email protected]>, Anita Edmondson <[email protected]>, John Mullin <[email protected]>

Cc: Councilmembers <[email protected]>, Wendy Kaserman <[email protected]>, "Patterson, Alisha" <[email protected]>, Chris Hazeltine <[email protected]>, "Fenstermacher, Alan" <[email protected]> Subject: Re: Idiot
18 month Vaus Special Elections ordnance & change to Municipal Code at tonight’s Council meeting is designed to hold Special Election if I’m recalled but APPOINTMENT if DeHoff is recalled - it should be 12 and not 18 months / it’s just a political ploy for corrupt Poway City Attorney Fenstermacher and City Manager Hazeltine to help corrupt Poway Mayor Vaus / DeHoff / Pikus to maintain their political control of Council and Poway You are all DISHONEST and CORRUPT
City Clerk: please post this e mail on next Council meeting Agenda (Couvrette/Mullin/Edmonddon “Three Corrupt Musketeers” PLEEEEEEZZZZZ read this re- mail at tonight’s Council meeting)
I’m going to using “Three Corrupt Musketeers” when I knock on 12,000 doors to ALL 48,000 Poway residents in February AND on 12,000 door hangers — I’m going to make you famous for your dishonesty and political lies
412 of 2175
July 1, 2025, Item #3
2 I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.

You guys make me laugh with all off your new Anti-Tony laws — makes me feel REALLY important

You must be truly incredibly scared ::))

Minority social media clique,

We will immediately delete this law the second we have 3 votes on Council in DEC 2026.

Anita, are you running for D2? Maybe you can actually get elected this time instead of a developer-endorsed Vaus & DeHoff & Pepin & Frank highly biased political appointment.

I will be responding 100% of the time to 100% of Public Comments next 10 years - listen and have fun.
413 of 2175
July 1, 2025, Item #3
3 (PLEEEZZZZ one of you clowns read this e-mail at Public Comment for TRANSPARENCY)

I’m too late for 72 hour City Clerk to include my e mail as an agenda item. 100% of my e- mails to you three clowns will be included in the future Agenda packets for transparency.

29 29

415 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Cc: Jenny Maeda; Fenstermacher, Alan
Subject: Re: Water Fees
Date: Monday, January 13, 2025 6:48:58 AM
Mr. Hazeltine,
In the future, I am requesting HR be CC:’d or in the room when you and I communicate. I don’t trust you, and everything you do and say is veiled in political motivations.

I know you are going to get angry and probably threaten me again since I am simply telling you the truth with the above statement.

Tony Blain
Councilmember
City of Poway
858-248-1509
416 of 2175
July 1, 2025, Item #3
From: Tony Blain <[email protected]>
Sent: Sunday, January 12, 2025 4:42 PM
To: Chris Hazeltine <[email protected]>
Cc: Jenny Maeda <[email protected]>; Fenstermacher, Alan <[email protected]> Subject: Re: Water Fees

Chris,

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Sunday, January 12, 2025 4:13 PM
To: Tony Blain <[email protected]>
Subject: RE: Water Fees

Councilmember Blain-

Of all the words I could’ve possibly contemplated to describe our first few weeks of interaction, “honeymoon” couldn’t have been further from consideration.

But you crossed a line again, when you stated you “don’t think I will be quick and transparent” with your request for water rate information.

I love Poway, I take my job seriously, and I
417 of 2175
July 1, 2025, Item #3
am a consummate professional. I will continue to act in that matter, even with you, but I will not allow you to tarnish my name with unfounded presumptions or accusations.

Specific to your water rates request, your question has been asked and answered on more than one occasion.

All subject matter experts agreed the City’s water enterprise fund is managed responsibly.

I struggle to determine if your actions toward me are driven by ignorance or arrogance, I suspect it’s a combination of both.

I standby, willing to assist with addressing the ignorance, but you are on your own to address the perceived arrogance.

Here we are a month later, I suppose I’m still hopeful.

-Chris

From: Tony Blain <[email protected]>
Sent: Friday, January 10, 2025 7:54 PM
To: Chris Hazeltine <[email protected]>
Subject: Water Fees

Hi, Chris,

I gave you a bit of a honeymoon before I start pursuing the water rate issue.

You know exactly what I want, and I will get it one way or another. Please at least give me an introductory approach on how you are going to get me specifically where every dime of our water fees goes to. There will be many e-mails back and forth, I presume, since I don't 418 of 2175
July 1, 2025, Item #3
think you will be quick and transparent with this.

Tony Blain
Councilmember
City of Poway
858-248-1509
think you will be quick and transparent with this.

Tony Blain
Councilmember
City of Poway
858-248-1509

419 of 2175
July 1, 2025, Item #3

30 30

420 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Thursday, November 7, 2024 6:13 AM
To: City Clerk
Cc: Fenstermacher, Alan; Chris Hazeltine
Subject: Re: Notice of Intent to Circulate Petition for Term Limits Attachments: PublicNotice-TermLimits-11-07-2024.pdf
Good morning, Poway City Clerk
1) Attached is the edited version of the Term Limits Notice -- please proof read it and let me know if you suggest any edits. Thank you for looking at my 11/6/24 version yesterday and making the suggestion / edit in your e-mail below. That was extremely helpful.
2) As you probably know, I was most likely elected to City Council, awaiting certification. I am asking you, and the City Attorney, City Manager, and entire City staff, very politely and professionally to change your interactions and demeanor with me and 100% of city residents. If we turn in a Notice of Intent to Circulate Petition, for example, I expect you to read it and give us unofficial friendly suggestions on how to improve / edit the document, not say "Sorry I cannot help you, please consult an elections attorney." I think I got off on the wrong foot with you in the past, and I apologize, so please accept my apology and move forward and change your interactions with me and everyone to be more helpful and cooperative. You will see a large number of improvements. We work for the residents / tax payers of Poway -- they pay our salaries -- we will ALL be much more cooperative, friendly, and helpful, or we will lose our jobs. 3) I will be asking publicly for a 3-6 month national search for both the City Attorney and City Manager at my first City Council meeting, after which I will be asking for both of their resignations. We need a fresh new start in Poway. Poway residents have lost faith in Poway leadership all the way from the Mayor, Council, to City employee leaders. 4) I look forward to working with you for many years to come, Carrie -- Steve Marietti, my campaign manager, has nothing but extremely high praise for you, so let's move forward and count today as a new day in the future of the City of Poway.

Respectfully,
Tony Blain
On Wednesday, November 6, 2024 at 05:15:10 PM PST, City Clerk <[email protected]> wrote:

Carrie Gallagher, CMC
City Clerk
1332
5 Civic Center Drive
Poway, CA 92064
421 of 2175
July 1, 2025, Item #3
2 (858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

From: Tony Blain <[email protected]>
Sent: Wednesday, November 6, 2024 3:55 PM
To: City Clerk <[email protected]>
Subject: Re: Notice of Intent to Circulate Petition for Term Limits

EXTERNAL EMAIL

Good afternoon,

Please give me appointment any day of the week 12 noon - 4 pm

Thank you,

Tony Blain

Sent from Yahoo Mail for iPhone
422 of 2175
July 1, 2025, Item #3
3 On Wednesday, November 6, 2024, 2:26 PM, City Clerk <[email protected]> wrote:

Hello,

Thank you,

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

From: Tony Blain <[email protected]>
Sent: Wednesday, November 6, 2024 8:48 AM
423 of 2175
July 1, 2025, Item #3
4 To: City Clerk <[email protected]>
Subject: Notice of Intent to Circulate Petition for Term Limits

EXTERNAL EMAIL
Poway City Clerk,

Please acknowledge receipt of attached Notice of Intent to Circulate Petition for Term Limits.

Thank you,

Tony Blain
424 of 2175
July 1, 2025, Item #3

31 31

425 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Cc: Jenny Maeda; Fenstermacher, Alan
Subject: Re: Water Fees
Date: Monday, January 13, 2025 6:48:58 AM
Mr. Hazeltine,
In the future, I am requesting HR be CC:’d or in the room when you and I communicate. I don’t trust you, and everything you do and say is veiled in political motivations.

I know you are going to get angry and probably threaten me again since I am simply telling you the truth with the above statement.

Tony Blain
Councilmember
City of Poway
858-248-1509
426 of 2175
July 1, 2025, Item #3
From: Tony Blain <[email protected]>
Sent: Sunday, January 12, 2025 4:42 PM
To: Chris Hazeltine <[email protected]>
Cc: Jenny Maeda <[email protected]>; Fenstermacher, Alan <[email protected]> Subject: Re: Water Fees

Chris,

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Sunday, January 12, 2025 4:13 PM
To: Tony Blain <[email protected]>
Subject: RE: Water Fees

Councilmember Blain-

Of all the words I could’ve possibly contemplated to describe our first few weeks of interaction, “honeymoon” couldn’t have been further from consideration.

But you crossed a line again, when you stated you “don’t think I will be quick and transparent” with your request for water rate information.

I love Poway, I take my job seriously, and I
427 of 2175
July 1, 2025, Item #3
am a consummate professional. I will continue to act in that matter, even with you, but I will not allow you to tarnish my name with unfounded presumptions or accusations.

Specific to your water rates request, your question has been asked and answered on more than one occasion.

All subject matter experts agreed the City’s water enterprise fund is managed responsibly.

I struggle to determine if your actions toward me are driven by ignorance or arrogance, I suspect it’s a combination of both.

I standby, willing to assist with addressing the ignorance, but you are on your own to address the perceived arrogance.

Here we are a month later, I suppose I’m still hopeful.

-Chris

From: Tony Blain <[email protected]>
Sent: Friday, January 10, 2025 7:54 PM
To: Chris Hazeltine <[email protected]>
Subject: Water Fees

Hi, Chris,

I gave you a bit of a honeymoon before I start pursuing the water rate issue.

You know exactly what I want, and I will get it one way or another. Please at least give me an introductory approach on how you are going to get me specifically where every dime of our water fees goes to. There will be many e-mails back and forth, I presume, since I don't 428 of 2175
July 1, 2025, Item #3
think you will be quick and transparent with this.

Tony Blain
Councilmember
City of Poway
858-248-1509
think you will be quick and transparent with this.

Tony Blain
Councilmember
City of Poway
858-248-1509

429 of 2175
July 1, 2025, Item #3

32 32

430 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Cc: Wendy Kaserman; Patty Fletcher; City Clerk; Jenny Maeda Subject: request
Date: Sunday, January 12, 2025 8:33:01 PM
Hi, Chris,
I am finding it too difficult to work with you. I am requesting that your assistant, Wendy, deliver your Monday meeting information to me for the remainder of your employment with the City.

Thank you for your understanding.

Tony Blain
Councilmember
City of Poway
858-248-1509
431 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Patty Fletcher
Cc: Wendy Kaserman
Subject: Re: Canceling Brief on Monday, Jan 27
Date: Wednesday, January 22, 2025 8:58:06 AM
Please cancel all future meetings. I will just read his e mails.

General Service Request
https://poway.org/270/Service-Request
Water

https://poway.org/317/Water
Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Poway City Council web site below.
https://poway.org
Please e-mail us all in 2 weeks for response if we do not respond sooner. 432 of 2175
July 1, 2025, Item #3

Good Morning Councilmember Blain,

I wanted to give you a heads up that I’ll be sending a cancelation for the briefing with you and Chris for Monday, January 27. As shared in his weekly notes, he is taking some time off and will be out of the office next week.

Thank you!

Patty

433 of 2175
July 1, 2025, Item #3

33 33

434 of 2175
July 1, 2025, Item #3
Tony Blain © (bh &
You owe me an apology in 6 months when | am
kicked off Council and Jared or Vanessa is
FY 0) oe] ia «=e o)am AOLUM-laleM\c-lU;smel celal (-s 10:08 AM PNa li] ote) (ole \Ya ce) mw iat-1eara
Council is not voting you off.

It's the recall you have to watch out for
11:36 AM @
Wait till OCT 2025-you will ¢Q
eo) pmor-]c-M-] 0(010] mp <-\er-1| me [elelem [Ule) @e(-1ad fale] 2,900 signatures
And | will win Mayor regardless with all the
corruption 11:37 AM
NCoLUMS) sole] (eM aU lnm Ko) mm \VE-)\e) mem ole Mat-)-Melo)al-Msxe) nalecozame)amexele later m-mexe)anlanlelalias 11:41 AM
Tony Blain
Wait till OCT 2025 - you will
That's not how apologies work
You don't pre-order them. 7
11:43AM @

435 of 2175
July 1, 2025, Item #3
© ay Tony Blain ©
Thu, Mar 6
Please send me DA investigator name and
fo) aredav=Wr-Ler-llaMem VLU TaM ox-lle ms WAtol0L0M Colm aaliirer-vareyn on 22 acre development when he was on
Council when everyone else in City paid 5-10
times more
Mane) @Zelems1ele)anlindiarem-lanacaliaremmc:)@mnZelem mY-lal1 entire City and public to know 7:13 AM
Mayor Vaus,
This is formal request asking you to resign.

You just cost City of Poway $20,000 legal fees
and maybe more than $100,000 in legal fees
due to your illegal activity allowing
Councilmember Pepin who did not live in
Poway to vote for Chris Pikus appointment to
Council.

Wendy, please post this as PDF slide for my
Councilmember presentation at next Council
meeting.

Councilmember Tony Blain
Fri, Mar 7
Mark Kelley- DA investigator
sill ol Bch olofonclezets}
10:22AM @

436 of 2175
July 1, 2025, Item #3
Tony Blain © (h &
I’m starting Vaus Recall next month news
conference etc 10:33 AM
From: Tony Blain
Sent: Friday, March 7, 2025 7:31 PM
aKoveelolslam\Vieliiia
J Celalalaaleliiinm eLe\we- NZ z= lalele mere) sabe
Cc: Wendy Kaserman
<[email protected]>;
[email protected]
<[email protected]>; Steve Vaus
<[email protected]>
Subject: Highcrest Ct
me) daai=)m@xelelareliiant-laalel-lmielilian
b olU mo) ce) he =Xe Mice)anm'colelmel-0-1(e)o)aal-1n1mei Highcrest Court while you are on Poway City
(@fo) UT aed] Me) mama) (-14Ce)atsJall om Com ele] mer-Tanler-l(e ln) contributions to then-Mayor and
Councilmembers. You also paid less
mitigation costs as a result of the above. | am
pulling all of the above documentation and
1) o}anlindiare mimcom dal-mOr- lice) galt-WsVace)gal-\mel-lal-1e-]) io) mm ©) ge) oy-] 0) (= 8) cosst-(e10] d(e) ame) Mm Zel0] mr-)Le) al (el0ts activity and unethical behavior.

VR,
Tony Blain
Just got Army Commendation Medal 38:41 Pv

SY) Wn WV Fo) ats)
437 of 2175
July 1, 2025, Item #3
Tony Blain @
Mon, Mar 10
(OF-T a MYole me [-1m nal-m-hak-Lelal-Loms}(e/al-\em alele-lapd-ve| affidavit specifically mentioning City AIETMENE
and/or City Manager? 2:24 PM
General Affidavit.pdf

61.6 kB c-Q0 PM ere Fe) V
| don't understand what you're asking for. You
want me to get Hazeltine to sign that in front
of a notary? Why would he agree to that?
6:21PM @
Call me 6:22 PM
Can't right now. Waiting for a dr appointment
6:29PM @
Not urgent 6:29 P!
Tue, Mar 11
Rutan & Tucker is using my deployment to kick
me off City Council - see your e-mail CNY,
bol Um c= melo) | ale m com ol-mo)ame@xelelaveli MUVidn Mc: 101 re] 0) oe) [al dnnt=almer-lacvom Ul tsxo)aMm iam e@lerce)el-lmyUar-le Fenstermacher kicks me off 5:52 PM

438 of 2175
July 1, 2025, Item #3
€ om Tony Blain @
Wed, Mar 12
Unless I'm missing an email, | don't see where
they're trying to kick you off. They actually give
you details on how you can continue serving
remotely.

And why are you trying to be manipulative?
Bringing up Jared is supposed to scare me into
following your orders?
Jared never called me a "wallflower" who
(oKey-J ph ame lomr-lahvaanlialep
Jared hasn't accused me of joining the "Vaus
Swamp" and "Vaus Circus".

W-1a-1e me lol-\Jenme-|o)(eMilc-manlelia|e)(-m-lale] a] messages at me at 4 am.

Jared isn't the one who demanded that | speak
up for him when he wouldn't even show up to
meetings to defend himself.

Jared isn't the one who ignores, unfriends, and
blocks me whenever he feels like it and then
contacts me again only when he wants
something.

You are being abusive.

Please stop. | need to be able to work with you
but | won't put up with bring treated like this.
3:08 PM ©
Talk in person later
You are definitely missing it
You are very naive
Man me(o)iaye mom (-1mmcal-)nnme(omiansal-)am Ulam /(-)\e) ite 439 of 2175
July 1, 2025, Item #3
Tony Blain © (h &
Maame(oyiave com (-1mcal-anmelomimdat-iMmiUiAM\t-)\e) ate entire City will be front page news when you
guys kick me off
ma (x= KoXome (0) pm mroxe) aue- (elm anl=w-ler-lin
You sit there and let them lie and manipulate
late mole mcr-hVmarelialiale
You're just as guilty as them 3:15 Pu
Turn these texts into Edmondson via PRR
3:19 PM
And only way to attend remotely is disclose my
location - nobody in military war zone overseas
is allowed to disclose their location —
therefore | am NOT allowed to attend remotely,
and you and Council will kick me off after 60
days “unexcused absence”
Vaus/DeHoff/Pikus and probably you will vote
that my absences are UNEXCUSED and you
will kick me off Council
CT-) mim ale aa
yNaYol Maamesidil mers lifiarems my ccliniCeh iis) mlareneleliatemeleye)s to door since you sit quietly while Vaus and
DeHoff and Hazeltine and Fenstermacher lie
on dais and you say nothing = that is the
definition of a wallflower 3:51 PM
Thu, Mar 13

440 of 2175
July 1, 2025, Item #3
Tony Blain @
Thu, Mar 13
ol Uy-1(e LOM mit Lemme) pi Ox0)0] a (e1] Mem 8) (=¥-hsy-me) 81-18) Vole] mm nnieleheam-lalemcac- 1a ms) 0l-t-14/ale me) Om ce) my Uat-la ole Saaeh Wa smale lal!
laa oXso¥/AaT=>.4Ke (ole) mere) anVaeVamtsiar-ai dN M4101 @ ?utm_source=share&extras=
MjlI2MTU2NDk%3D&share_platform=10&
utm_campaign=1/741890325092 = 11:26 AM
By the way thank you for request to waive
attorney client privilege ... 1st nice honest thing
Nol Um at-hV{-melo)al-Macrer-lcellaremant-Mlamantealaars 12:10 PM
Chapter 2.04 CITY COUNCIL
codepublishing.com
From: Tony Blain
Sent: Thursday, March 13, 2025 3:14 PM
To: Fenstermacher, Alan
<[email protected]>
Cc: Wendy Kaserman
<[email protected]>; Patty Fletcher
<[email protected]>
Subject: illegal activity
Alan,
NCoLU MII C=xer-Vihvar-TaleMelatciaal(er-linvarcliven cco m= (OFo}e alors aat=1anlel=mcom'cec- Me) amerelelarel| MZ alemel(emareyt live in Poway. I'm quite sure you and Rutan and
Tucker researched every loophole you could to
(oom syomm ColUR-lale mele milanam-le-m-).40n-10n(-1hV
441 of 2175
July 1, 2025, Item #3
< Message from Tony Blain
To: Fenstermacher, Alan
<[email protected]>
Cc: Wendy Kaserman <[email protected]>;
Patty Fletcher <[email protected]>
Subject: illegal activity
PNETIF
You illegally and unethically allowed a
Councilmember to vote on Council who did not live
in Poway. I'm quite sure you and Rutan and Tucker
researched every loophole you could to do so. You
and your firm are extremely unethical. Please
respond to Poway Municipal Code 2.04.070 C
below:
"Termination of residency in a district by a member
of the City Council shall create an immediate
vacancy for that Council district unless a substitute
residence within the district is established within
30 days after the termination of residency."
ALUN OSSPY/AWAW AN A exele (=) 0010) [ksiallale exe) aaVAG7-Va ecelW oh’ 7anidaal /Poway02/Poway0204.html
Chapter 2.04 CITY COUNCIL
Chapter 2.04 CITY COUNCIL Amended Ord. 872.

Sections: 2.04.010 Legislative body. 2.04.020
Compensation. 2.04.030 Planning Agency. 2.04.040
Redevelopment Agency.

WAY AWAexeYe {=} ol01e)FaliaveMexelan
| am formally asking you to immediately contact
the San Diego District Attorney and California
Attorney General with my e-mail and your actions
above.
(OxoUlareliian\=)anleys\msitclia

442 of 2175
July 1, 2025, Item #3
¢ ay Tony Blain © (Ch &
You asked for this deployment.

You brought this upon yourself.

You create these problems and then you want
me to speak out for you?
Mel=\c-Jalol-o Myce] mani cole le) acoleiman(-Mer-lnn]ey-1(e)a melas cy darclOkcialale MMAOidi(=wmrclaeMmaatclal @(ctstom
| genuinely cared about you. I've lost sleep and
MV=1(e] ahaOnVc=) am aLOhWANYCOLUMA=MaUlialiave MYOlUlmhicm-lale your reputation. But you don't seem to care
lave MolUMa-Mexolaldialeliace me (oni amaat-msy-] pals
destructive path. | can't help you if you don't
help yourself. 8:53 PM @
| don't need your help or friendship - just vote
in best interests of Poway residents - | still
have support of >> 95% Poway residents - you
will find out NOV 2026
y-NaYolm nate (o)iave Wm (om ol-m ol-)ai-Yo1d hm at-]®)®)\ Ola a Council in 6 months when you and Vaus
cronies vote me off for “Unexcused Absence”
when I’m on INVOLUNTARY orders
Fri, Mar 14

443 of 2175
July 1, 2025, Item #3
& ay Tony Blain © (h &
Just vote for best of Poway - you and | never
need to be “friends” - you voted for stupid
censure - we're never ok other than doing best
for Poway 12:05 PI
I’m out of politics forever if | lose NOV 2026
Mayor race
But | think you will be surprised at result
| know what 95% door to door still tell me
bolt ir- late msxeleit-1mant-velt-mel-lalem-ln-m Ih Olam A By the way, | don’t want to be on Council
unless we have 3 votes to fix corruption - it’s
complete waste of time 1:12 PM
Tony Blain
Just vote for best of Poway - you and | never need to
be “friends” - you voted for stupid censure - we're n...

How are you going to be mad about the
censure when you're the one who said (quite
cheerfully):
"Go ahead and vote against me. It won't matter.

I'll still be mayor."
And, that WAS the best thing to do for Poway.

You are out of control, costing the city tons of
money, and making my staff miserable. For
Ware l waren AU atclar-l c= mole mr-Lerexe)anle)itcjaliale ka 7:18 PM &

444 of 2175
July 1, 2025, Item #3
Tony Blain @ (sh &
WIIGL!! VVIIdLt dic yuu AULULUVITIPISTIINNY £
7:18PM @
A.wrong! Corrupt Vaus is costing hundreds of es
TU aelUEst-Tale seststshs)
You are delusional
Run forMayor ¢Q
INYo) oXoXe hYar-le] c-\-tomW Za ele m=>.cex-] 01 Mole mm anliare) ai ay Yororr-]maai=1eik-Menl(e]0-m-lalem at-lantelar-mevali-1me)i staff 58 PM
Tony Blain
«wrong! Corrupt Vaus is costing hundreds of
thousands $$$$
aA VCoM UV ce)alelsmelelammantsl<-m-malelalt 8:42 PM @
You don't even have enough information to
discern whether or not I'm delusional. You're
never in the room to read the room.

Edited 10:35PM @
Tony Blain
Run for Mayor
You know | have no desire to be mayor. Yet you
keep saying this. | can only conclude that you
are again trying to be manipulative. 49-33 py @
S¥-] mV, Fe) a ke)
Ur blocked 8:44 Am

445 of 2175
July 1, 2025, Item #3
2:32 all 5G @ »)
<4 Facebook
<O te) Jenny Catto Maeda \. @
DEC 21, 2024 AT 5:45PM
Fl VAs) aly eY-| ge Kozel al j
:

https://
www.sandiegouniontribune.com/
pomerado-news/news/story/202...
@ Poway Underground
WET AVS) a=] ef-1 ce fie) a)

Will a commission do a better job?
@ Poway Underground
Mary SH@AAGIS6RIOOTINGS —
BOULDER, CO 2021s EI

446 of 2175
July 1, 2025, Item #3
2:32 wl 5G ©)
<4 Facebook
<O ea Jenny Catto Maeda . ox
https://
www.sandiegouniontribune.com/
pomerado-news/news/story/202...
@ Poway Underground

Mary Shepardson

Will a commission do a better job?
© Poway Underground
Mary SNEPAGIESHIOOTINGS
BOULDER, CO 2021 IERLAND SPRINGS, TX
MIDLAND-ODESSA, TX’ 2019 N
DAYTON, OH 2019
POWAY, CA 2019
PITTSBURGH, PA —
NASHVILLE TN: 2018
PARKLAND, FL. nel 9 AURORA, CO (2012

Making the national news. My
brother asks if Poway's wasn’t the
only one on the list with a single...
@ Poway Underground
60aG YF Aa ® &

447 of 2175
July 1, 2025, Item #3
G 4A 52% 2:58
< co Heyavasiclia XY %m& i:

Mate)e\-m@rolavacaalelale
Thursday * 6:14 PM
How was conference?
Texting with Tony (SMS/MMS)
Good. You should have come
RCS chat with Tony
Mdalial.@ Manes).dle)e)iatem-V-lavasallaremelaltimn len’, PLOVION-> <or-) 0) Ore) 0 lave! Mant=\=1818\e}s 3)
NVV(Mor-laia me (okr-lanvataliavemantcr-laliareiielmelaidi Mu) have 3 votes
But there's so much to learn!
What about Carl thing on Monday?
Maamate)m-jax-varellalem-la\avaliace me laid] Romie) \=3 Except Term Limits & Recalls
6:59 PM
Neoltaliare Ralst=
Vv
o) [e, RCS message © th
< @

448 of 2175
July 1, 2025, Item #3
@ A 52% 2:59
< co Heyaasiilia \ ee
Aiat-\var-lesmele)iare meen i-\ i Ay=1me] e)
aLNd OSH /AWAWAN Aer= ledl(@ Re) ge Acti tess¥AnarelIAVANlcossYaul(e) -attachments/resources Everyday Ethics
mae O Much elehi

BYoRY Ze) 0M at=\"{-me[elele m= \NVAYL=) a
Not in this area. | thought you had Carl's guy.

Manm-leysie-llaliavemacelaam BY I- [ale m BY-1e\0] Aye) Ko1s I’m not texting you anymore until this all
blows over - good luck on Council - talk in 23
months if | survive
WF) \<-mer-] a>)
Wednesday » 5:53 PM
sxe) [1 W(er=] @ANRKe) ga’ Oe) aVa side le tsm-r-](em Mellel mele) eTaNvavaliare mW ine) are
Masmareliiaremele)iate me)amsxeleri-]Muni-celt- ie) me
months - next thing you hear will be
announcement Term Limits is on 2026 ballot
Maamaveyar-lac-rare|iarem=laN Aine ‘ague CA Cities
meetings unless| winNc = 26
o) [es RCS message © th
< @

449 of 2175
July 1, 2025, Item #3
@ 4 W52% 3:00
< co Heyaasiilia \ ee
Just met with Poway OnStage Executive
B)igqreivo)mrslar=)a (== MOM C-\-1k-7 ONC) mel TaN
Vaus & Hazeltine defunded them in 2022
took away $160-$220K/year / let’s refund
them second we get 3-4 votes on Council in
eo Mrateyaldats
ii alicmicm-Jalel0(e]ame-t-\sye)amoke(-1md (eRe) mi ml-y4-)iNlal~ Wednesday, Jan 15 * 2:25 PM
Hi, Peter,
| am writing to notify you and City Staff and
City Residents of Poway that | will be
recusing myself (or abstaining) from any vote
fo) als BY=) o}U) AYA \Y/=)\e ene) au BM es) o\=(ert=] =i (-Ye1d (ea p My e-mails to you never said | would trade
votes, but rather indicated my preference on
the above two matters. To make everything
extremely clear, | will recuse or abstain
myself from the two above votes at the
WW efexoyanliatemant=xoidiale p
Tony Blain
Councilmember UY
City of Poway
o) [e3, RCS message © th
< @

450 of 2175
July 1, 2025, Item #3
GM 4A B51% 3:01
€ co Heyavasiclia XY om :

Tuesday, Jan 14 + 8:10 AM
ClWAGn
Please post this e mail as PDF or PowerPoint
as my last Councilmember initiated item at
Jan. 21 meeting:

Mayor Vaus, Councilmember Pepin,
Councilmember DeHoff,
WiVCEMVALIMatear=]i(e)\MVZele con -\i-1mr-]e) ele) alt
another Councilmember. You are threatening
1B) = (O10) -v-\@n -lare my inn] e)\vars)e)ele)iaiaiare) someone who will agree with you on battery
plants, DEVELOPMENT, and other self
serving interests instead of following the
wishes of the majority of Poway residents.

Council vacancies will always be handled
with the quickest possible Special Election
allowed by the Registrar of Voters. If you
ignore the will of the people, we will
aalant=xeltslX=)\alnt=@7\ mm MYZol0|ar-] 0) ele)]air-re) Councilmember and force a Special Election
by ballot initiative. In the future, we will
forever prevent Poway Mayors and Councils
from appointing Councilmembers by
changing Poway from a General Law to a
Charter City andinclude’ _e Charter a
provision stating that AL ure Council
a EN era So Ee Yr ce aa
o) (e, RCS message © th
< @

451 of 2175
July 1, 2025, Item #3
@ A 51% 3:01
< co Heyaasiilia \ ee
eerie | Garey tere oe Sere cere ww
Charter City and include in the Charter a
provision stating that ALL future Council
vacancies with terms greater than 12 months
are ALWAYS filled by a Special Election.

DEMOCRACY will be the rule in Poway, NOT
BACK ROOM POLITICS and NOT PAY TO
PLAY.

Tony Blain
Councilmember
City of Poway
858-248-1509

Tuesday, Jan 14 * 9:55 PM
Were you able to log into the Bswift portal to
register for benefits?
Wednesday, Jan 15 » 9:21 AM
Yes
Texting with Tony (SMS/MMS)
No interest in talking to nasty 3
I'm doing driven for Jan..21 Council meeting
Tal xsial ale of-(e1@c}(e(-mxe (eles ay i edaame-lalem (crs) aiare second it's over
o) [es RCS message © th
< @

452 of 2175
July 1, 2025, Item #3
@ A 51% 3:05
€ co Heyavasiclia XY %m& i:

I'm not sure what you're asking him for. Isn't
the budget available to view online?
The water fees are NOT in the budget
It’s hidden
| want to know where every dime goes
Can you meet with me and soon?
She did Poway Budget for 20 years. She will
explain what’s missing.

Sunday, Jan 12 « 8:48 PM
Is it maybe the cost allocation study that
you're looking for?
They were supposed to do one in Dec
according to Caylin but | haven't seen
TaNvasaliaem-lereeial
That won’t answer question where the water
fees go
It will only get fixed with Hazeltine gone
(ommallellalem[alie VY
o) [es RCS message © th
< @

453 of 2175
July 1, 2025, Item #3
@ A 51% 3:05
< co Heyavasiclia XY %m& i:

If you answer “No,” we will immediately
RECALL you and for a D1 Special Election
ballot initiative for NOV 2025.

Tony Blain
Councilmember
City of Poway
858-248-1509

RCS chat with Tony
Sunday, Jan 12 * 12:18 PM
Had breakfast with ur neighbor ?
- u
hurt
Oh my gosh! You know was so
VVe)galsvem-|elelUimallaaMim(=ucwr) |i) (elaloy
Saw him at FRA
He hates Vaus :)
Sunday, Jan 12 + 4:44 PM
See your City e mail for ‘tine fireworks
o) (A, RCS message © th

< @

454 of 2175
July 1, 2025, Item #3
@ A 51% 3:06
%
safety mitigation
Just E mailed Pikus:

You will only receive one question from me
Jan. 21: “Will you support immediate vote for
D1 Special Election if you are appointed?”
If you answer “No,” we will immediately
51s O7.\ i BV olUBr-]a le ie) ar- DY ms) o\-1e1-] 6 =l(-Yeud(e)a ballot initiative for NOV 2025.

Tony Blain
Councilmember
City of Poway
858-248-1509 V
o) [es RCS message
< @

455 of 2175
July 1, 2025, Item #3
@ @ 4A 51% 3:08
< co Heyavasiclia XY %m& i:
b (o)U Mm ar=\o Ml Or-1a BoM Mat-| mcm e)g-inqva ele) (-18 10] Yes
| don’t want to owe anyone a favor when | get
elected Mayor — that way we can always do
ONLY what's best for Poway residents
| will get elected Mayor for crazy $5,000
TOTAL
You should attend BIA and everything else if
you're ever going beyond Poway - Congress?
Senate? Etc when your kids fly the coop
| don’t need any of them for Mayor
Mo) eswoymm \\- 1410) pt>]MC10l-]KeMeval-\nc-lmmolel-\yar-]elelu]t winds & fires - not sure if we’re getting
fo{=}e)(e\-1em (oler=] INV
Wednesday, Jan 8 ° 3:19 PM
ealial@u ice |Mer=]i Mim me), Wa isle lalele)garelere
Magazine - hitting you guys up on articles -
or maybe interviews? hir Vv of Poway
o) (es, RCS message © th
< @

456 of 2175
July 1, 2025, Item #3
@ @ JA 50% 3:16
a co Heyaasiilia YK & :
| will find out ziecifics
SJel-relj ters
95% of the vote that got us elected is not the
SZO\WVE=\Aer (0 [U(= Me) @xe UV n-140-14 ml |p40)ale(ey4 me) (ice) ay) Cruse/Carruthers/Stavros - the average
Oowegian has no clue who any of those
people are
That's the political clique using the “bullying'
phrase - it will have ZERO effect on me being
Me [elelo M @rel0 | ater iant=]ame)me|-andiarem=)(-veax-1e MV I-N\ele Sunday, Jan 5 * 9:24 AM
https://ooway.org/442/Budget-Review

Budget Review Committee | Poway, CA - Official...

The purpose of the Budget Review committee shall be to
review the annual Operating Budget and Capital Improve... reYe\ VEN Ae) Ke]
| got 3 of 5 BRC members to quit - Vanessa
and Elizondo are stubborn and won't quit
unfortunately
v
o) (es, RCS message © th
< @

457 of 2175
July 1, 2025, Item #3
@ GY A 49% 3:17
< co Heyaasiilia XY
NI<>ad lave Ti4 alm Ke)a\ al CSIIVESYANULIUESD)
Second paper is a good idea.

PNalic-m BY-1m scolerero mw || malelar-)|(e))\'a-]a\"Ze)aloesla\=) doesn't like to publish in Poway living
said wear athletic shoes tomorrow
| want new newspaper to cover 100% of
Poway and publish anyone
| published medical school newspaper with
Adobe Pagemaker soon know exactly how to
ofoit
The DeHoff & Vaus beatings will continue
Wlaidl Mante)e>)(emian] eee i=sy9)
Saturday, Jan 4 » 4:39 PM
Just be careful that you don't do anything
that makes you start looking like the bully
yourself. They ar tting to get you off.

Don't give them mmo.

RCS message

458 of 2175
July 1, 2025, Item #3
@ @ A 49% 3:17
< co Heyavasiclia XY %m& i:
compete with Chieftain? News will be labeled
“News” and “Opinion” pieces like Gallant’s
recent sycophantic Vaus/DeHoff/Leland
fe{=xex-MUV71| mem (-]e1-1(-1e ms @)e)/ a} (ela oL0| aM O1O hme) pieces will be accepted. We will sell ads just
like Edmondson’s Green Valley quarterly
“magazine.” It will be super fun. All political
fe){=xex-ssmW 71m olom =] e\~1(-10 mm @) ©) [al(o)amansarele(e| ap Poway Chamber
Please note Lifetime Fitness Poway Chamber
KSM\ al | Maat) (e)me (o)ale)mr-laleMmalat-larersome)m me) T-\V (© at= 100) ol-1am (si-1-m ofelace)anm lial come) Mm tit-)(e)mele)ale)e<)) and Poway Living Magazine run by Poway
residents Anita Del Rocco and former
Fe}o) ofe)]alx=xem @xel6 ater lanl=ianlel=lmyavalit=m =e lanle)ale(sielan https://business.poway.com/list/member
/poway-living-magazine-10937

Mike Leland, stop your Chamber POLITICAL
activities and DISCONTINUE your
relationship with Lifetime Fitness. Majority of
Poway voters voted AGAINST Lifetime.

Poway Living Magazine
Poway Living, a Best Version Media publication,is a private iF=TanlINmalelie]alee)a arelele Ml o)0) o)|(or-\d(o) alana 0) al avon (ofer-) i i-Tnnll [(otouee business.poway.com NY
o) [es RCS message © th
< @

459 of 2175
July 1, 2025, Item #3
@ @ A 49% 3:20
< co Heyaasiilia XY
Pa (eke) =] al=r- 10 i voey4 OPLo ba afe)'i'F-\Val (1-10 [=] go 0) 0) 00-1 Be Goals include new recreational amenities, a business
leadership group for the Chamber’s younger members, a...

WA AWAsts] ale (sxe (elelal(elaldal olUlat-mexe)an
After that article, it looks like Vaus and
DeHoff are digging in for a fight ... | will get
DeHoff Recall Initiative ready and
immediately file on Jan. 22 if DeHoff votes
wrong way on Jan. 21 Council meeting
Hey, are you free Sun morning?
and her neighbors set up this time. I'll be
there.

Sunday (1/5/25) 10:30A.M.

Thursday, Jan 2 » 12:58 PM
Sure
What's topic? Just meet & greet?
RCS chat with Tony
No, she want to show us what the city did to
her and her neighbors.

Texting witt. (CSIVESAMIVES)
[es RCS message

460 of 2175
July 1, 2025, Item #3
* @ A 849% 3:20
<— co Heyaasiilia ee a:

Thursday, Jan 2 + 8:56 AM
WI->aalaleMiVid aM KO)aNVAESI\VESYALVIIES))
HAPPY NEW YEAR!
matcTavaliare M@xe)anianlisss1(618 tes ©) ben © P44 P40) Please review and give me feedback when
you have time ...

Here is draft of new Poway Planning
Commission ...
ald XSW) ele) iir=\vd e)telalaliave (exe)aalaalisssile)@Auce)ke| @laessts exe) a AVANY] ©bexexe) alt=) a0.) ©)(eys\e sy PAC PL Tale) rjexeWreyYd edie lalaliare(ee)aalaalistsiele
mre (1116 [ANK=NUAL=1 1 0X0Y= 180 fad ©)A(= Woe OM ban © PaO P20 00 1

We want 50-100 Poway residents (or more)
to give us input & edits (text me
858-248-1509) before we write Municipal
(Crore (== ale ms}r-] aa Ore) anlaalisssi(e)a mon e)ce)(-le1 mele s “City in the Country” from future
Wl atexe)al age) |(=1e R-]ale MU] at-10] o\-1aVdisi-1e Me(-1V/-1e)e)an(=Ja]t

Thursday, Jan 2 » 10:21 AM
(@laliciar-llaM|Ulsime le Rs\er0) oN Camm /-\U WA D\-15 [e)1i) Leland article
o) [es RCS message © th
< &

461 of 2175
July 1, 2025, Item #3

TERM EXPIRATION
NAME

APPOINTED

TERM EXPIRATION
@ A 49% 3:21
%
From city website
12/31/26
Vacant
TBD
12/31/26
NAME Vacant

APPOINTED TBD
TERM EXPIRATION 12/31/26
NAME Vanessa Springett
APPOINTED 03/19/24
TERM EXPIRATION 12/31/25
NAME Cynthia Elizondo
APPOINTED 03/19/24
We're probably going to vote on New
members in Jan
https://poway.org/442/Budget-Review
Budget Review Committee | Poway, CA - Official...

The purpose of the Budget Review committee shall be to
review the annual Operating Budget and Capital Improve... poway.org
Texting with Tony (SMS/MMS)
Vv
RCS message

462 of 2175
July 1, 2025, Item #3
@ @ A 49% 3:22
< a HKeyanasitclia XY om :
should be allowed to select their own BRC
member. This is not mandatory of course, but
fe)(=t---me (om dal-malelaimaaliale W-lale ma y(e]amr-lale! allow me to appoint my own Poway resident
to the BRC.

Tony Blain
Councilmember
City of Poway
858-248-1509

Jared’s immediate response:

Mat-\-m ale)m@ of-1-1pme)a i ia\- 0 3)1,(0m ce) a 0))(-1at-BVA-1-] | have asked you to stop harassing me via
=l{<Toude)al(omexe)anlaale|al(or=)a(e)alsm 0\-) il m1 al-]m@xeye(~) 653m. | will be filing a police report against
you now as | have previously warned you to
stop harassing me.

Mr Blain: Do not contact me.

For the City Attorney, | demand Mr. Blain as
an official representative of the City of Poway
cease and desist from using official city
resources to illegally harass me.

463 of 2175
July 1, 2025, Item #3
@ @ A 49% 3:22
< a HKeyanasitclia XY om :
meeting to dissolve current BRC and allow
newly elected Councilmembers to choose
their own BRC members. We should have
NEW BRC every time we have a new Council
election. Newly elected Councilmembers
should not have to be represented by BRC
members selected by previously appointed
Councilmembers or those just voted out of
office.

DEMOCRACY!!!
VOTE NOV 2025 & 2026!!!
Saturday, Dec 28 » 2:39 PM
Poway BRC
BRC Jared Wilson, BRC Vanessa Springett,
BRC Cynthia Elizondo, BRC John Couvrette,
BRC Nick Caruthers, BRC Pikus, BRC Polston,
and all BRC members tacitly approved
obscene WATER RATE INCREASES and Mayor
& Council salary increases WHILE elderly
1u.<-Xo mM [alexe)an{om-]ale Mold a(-)¢oMor-]a maven (e)ale(-lmr-liie)@e! to live in Poway with $2,000 monthly water
bills - we need new TRANSPARENT HONEST
BRC members who will speak up instead of
rubber stamping “Budg
o) [es RCS message © th
@ @

464 of 2175
July 1, 2025, Item #3
@ eM A W48% 3:27
€ a Heyavasiclia XY om :

Happy Holidays, or anything else positive. I’m
here to wish you all Happy Holidays and a
Prosperous New Year.

I’m also here to respond to the Mayor’s
challenge to have me show proof of
Vice) ale(ele)| ale Mela mallow el-]a eum (omel-\-Manl=m-l o)ale alc number of the San Diego Attorney’s office
elu} mel(omaleymel\Z-Minlomelnntomcom)\Zal\-Mime(e)\ 70mm am very sad that | cannot find any “Proof” of
the Mayor’s wrongdoing, but | thought |
would post all of his Form 460s for last 14
years showing all DEVELOPER and OUTSIDE
(©) a m@) i". xer=l an] era )ie amexe)altaloleli(eatcm elem atels received.

This Mayor practices “PAY TO PLAY”
feXe) id (exw ie (om oL-1ac-Youd Val (-Yel=]i-1a(eMara\omel-1-18 fe} g-\eud(ex-1o Mi ae)(0 @1a](er-\e(ofm M-\-MAV(-1er-|-ymr=] 816) other places, but I’m here to say IT’S NOT
GOING TO HAPPEN IN POWAY.
| asked the Mayor and other
Councilmembers to sign a Code of Conduct
stating they would not take campaign
contributions from DEVELOPERS, BATTERY
PLANTS, etc. then vote YES on their
developments, and he REFUSED.

STOP NOW!!! NO MORE BACK ROOM
POLIMICS.

465 of 2175
July 1, 2025, Item #3
< &) ieya\vasif-lle os
I’m still not attending Jan. 29-32 — not being
too public until NOV 2025, when you will see
fo)dsmeoym->.colidiare msde i nmat-]©)el-)allale mam me) T=)

Saturday, Jan 18 » 5:29 PM
Texting with Tony (SMS/MMS)
Tell Barry Leonard we said Hi & we miss him
RCS chat with Tony
Sunday, Jan 19 « 11:18 AM
Vaus will be recalled within 90 days
466 of 2175
July 1, 2025, Item #3
a
Ly ¢ or iKeya\a=ii-lia
Manlce|aim el-me)nm@xe)0 lao] Mim me(-im-10(-10 (Man mare)! SJ ol-raleliale me)al=mellal-me)amialis) pu eleim Manmr-) dare Baus & DeHoff with me
You will have 3 votes regardless
Monday, Jan 20 » 6:09 PM
Are you getting any City Council updates
from City on Poway fire
RCS chat with Tony
\Toym olU mYZolUmor-]amel-1m@0] ole l-1e-\-mal-1i—e
aad essw/ce)e) emu celcerale (UhNAe)ge lA

C
Tap to load preview
Texting with Tony (SMS/MMS)
City should give its leaders updates

467 of 2175
July 1, 2025, Item #3
& ap ieyava=itclia XY
Tuesday, Jan 21 + 8:36 AM
(@r-}a Moxe}anlant=1alsialem-)ele)0 | m=) ess\-1aler- me) mel0m-lalem at his Poway event this week - sycophants
Couvrette , Leland, and few others there
I'm not attending any events next 2 years / |
am knocking 12,000 or more doors / I'm so
tired of parties & "power cliques" choosing
who we elect - Poway residents will decide -
it's that simple
And | need zero $$$
Tuesday, Jan 21 + 2:40 PM
I'm serving Vaus with Recall Notice quietly 5
min before meeting starts
Tuesday, Jan 21 + 3:51 PM
Shit Pepin can vote

468 of 2175
July 1, 2025, Item #3
€ > Heya\va=iielia oa
Please consider NOT voting to Censure me

I'll probably resign if you censure
(CTeyere ml [Ule).e)am @xe)ul altel!
RCS chat with Tony
Texting with Tony (SMS/MMS)
malctets{oMe (0) aim Mer-]| Manlcmr=ler-][a me).
ds

| really don't want to. But | won't know until |
see exactly what they come up with.

469 of 2175
July 1, 2025, Item #3

Tony Blain @ (h &
Thu, Jan 23
| did things | am being Censured for BEFORE |
got elected - | have not had one single negative
City staff interaction except for telling City
WWFeTak=le(=)mr- Tale m@aiavaY/t-latclel-1m maalial @axeniiceby would be better served without their continued
employment - this does NOT rise to public
politically motivated Censure of duly elected
Councilmember
Do your research and make informed decision
- that is fair request 4:56 PM
a
| literally have not entered City Hall since | got
elected
How can | have a negative City staff
interaction 8:10 PM
Fri, Jan 24
WM alcelecelam-ianr-liemmMalaelele|amelelmere)aalpat-lalesw-| council meetings. You did say you went into
City Hall and told Carrie to resign.

You'll have a chance to defend yourself but
NZolUMoMm at-hY{-m Comoro) aa(-m CoM dal-m ance p
I'm reading about censure now. It doesn't
SolUl atom IL <omslayvataliare mantel ecm ar-lam-mel=el(-1e- idle) ame) | (ol Es¥-] 0) 9) ge)Vc-1 8 2:29AM ©@
| never asked her - | mentioned it to her staff, Vv
Vale Melle M| =) =f lO) 04m elolm-)(-\e1K-\e|

470 of 2175
July 1, 2025, Item #3

3:95 AM
Hazeltine, Fenstermacher, and City Clerk need
to be fired for their ACTIONS- asking them to
resign or be removed for good of Poway is not
harassment 3:59 AM
| will not be speaking one word
| will speak to 47,000 Poway residents in
person grassroots at their door - real people
talk eye to eye shaking hands in person not
texting not Council speeches disallowing other
person from speaking
You have become part of the Vaus circus
4:16 AM

471 of 2175
July 1, 2025, Item #3

34 34

472 of 2175
July 1, 2025, Item #3
1 From: Carrie Gallagher <[email protected]>
Sent: Wednesday, January 29, 2025 8:05 PM
To: Fenstermacher, Alan; Chris Hazeltine; Wendy Kaserman Subject: RE: PRR 2025-020 Kirkland, William - Blain Declines Affidavit Attachments: Re: PRR 2025-017 Smith, John
I am offended, uncomfortable and feeling intimidated by Mr. Blains most recent accusation in his attached response to my request that he complete and submit an Affidavit pertaining to PRR 2025- 017 Smith, John. In the past few months, Tony Blain Councilmember and Tony Blain Poway resident has placed unrealistic demands on me and on the office of the City Clerk, commandeering this office and staff to assist in compiling documentation for his own retaliatory, vindictive motives and in doing so has disrupted my/our ability to do our job(s).

As the City of Poway website states, the City Clerk is committed to excellent customer service, quick and easy access to public records. For a Councilmember/Public Official to assert otherwise in a public document “It is noted that you refusing to perform all PRR’s” is not only a false allegation but is slanderous.

Following a request by me, made in the normal course of business asking Councilmember Blain to search his personal devices for City related writings as it related to a California Public Records Act Request submitted by a member of the public, Councilmember Blain admitted in email to having potentially committed a crime when on January 22 he stated, “All texts were deleted weeks ago”. Then the following day on January 23, he emailed me stating “I decline to answer or respond to any more of your e mails ever. I will only respond if legally required.” Councilmember Blains latest accusation that I am “refusing to perform” my job in addition to his earlier accusations that “I am less than forthcoming with every single communication”, “you are extremely political” feel retaliatory towards me personally and I consider his comments to be a direct attack on me personally and professionally. He has created a hostile work environment here in the City of Poway for myself as well as for my two direct reports, Ellis Webster and Jazmin Fisher.

If these false statements/accusation made by Councilmember Blain are made public by way of a Public Records Request or by Councilmember Blains own doing, they pose potential harm to my career and professional reputation as a Certified Municipal Clerk.

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]
473 of 2175
July 1, 2025, Item #3
2 From: Wendy Kaserman <[email protected]>
Sent: Wednesday, January 29, 2025 4:12 PM
To: Carrie Gallagher <[email protected]>
Cc: Fenstermacher, Alan <[email protected]>; Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>
Subject: Re: PRR 2025-020 Kirkland, William - Blain Declines Affidavit

Has Jenny responded to the affidavit request (sorry if I missed that email)?

Sent from my iPhone

On Jan 29, 2025, at 4:06 PM, Carrie Gallagher <[email protected]> wrote:

See attached:

I won’t continue to keep sending you these however, this seems to be a pattern now. I will however continue to send affidavits to CM Blain & will keep his responses on record.

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]

<mime-attachment>
474 of 2175
July 1, 2025, Item #3

35 35

475 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Subject: Re: PRR 2025-017 Smith, John
Date: Friday, January 31, 2025 1:28:59 PM
I have no idea what you are talking about
Again you are wrong and I am perceiving this as your attempt to threaten and intimidate me Please stop now
All of my e mails are extremely objective and respectful Please stop threatening me

Please note that our email communications are subject to public disclosure Thank you for reaching out. I will be reading this at my earliest opportunity.

Unfortunately I will not be able to respond via email. Call my cell phone 858-248-1509 if you want to speak or meet privately (please do NOT text).

Thank you for being actively involved — it is very much appreciated. Please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall.

Please also e-mail each Councilmember, City Manager, and City Attorney (always CC:
me on these communications) so they can all research and respond appropriately. All of their e-mails can be found on Poway City Council web site below. https://poway.org
Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall).

General Service Request
476 of 2175
July 1, 2025, Item #3
https://poway.org/270/Service-Request
Water

https://poway.org/317/Water

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Chris Hazeltine <[email protected]>
Sent: Friday, January 31, 2025 1:25:31 PM
To: Tony Blain <[email protected]>
Subject: RE: PRR 2025-017 Smith, John

Councilmember Blain-

As a reminder, per the Poway Municipal Code and the terms of my employment agreement, councilmembers are required to treat staff members with respect.

If you have concerns about staff
performance, those concerns need to be directed to me, not to individual staff members. I cannot and will not tolerate any personal attacks against our staff. The City Clerk is a certified and credentialed professional, your highlighted statement below is especially troubling as it is an attempt to tarnish her professional reputation; please stop!

I am aware of your recent communications with the City Clerk regarding public records requests, as well as communication regarding your efforts to recall Mayor Vaus; you are obviously free to continue to engage with her office in this regard.

The Clerk’s Office will appropriately respond to
your efforts on ballot measures, recalls, and requesting or responding to public records requests.

While you may communicate with the Clerk directly, you may not provide any direction. As has been explained on numerous occasions, staff cannot provide assistance with ballot measures or recall efforts.

While the City cannot provide legal advice on these efforts, we have on several occasions suggested you may want to speak to an elections attorney to provide you with guidance on these processes and the required documents.

Last week’s notes referenced the numerous outstanding public records requests with quite literally thousands of records to review; this will take significant time to process.

Staff does not refuse to fill
public records requests, but they can take the necessary time and under state law we are not required to create records that do not already exist.

477 of 2175
July 1, 2025, Item #3

From: Tony Blain <[email protected]>
Sent: Wednesday, January 29, 2025 4:23 PM
To: Carrie Gallagher <[email protected]>
Subject: Re: PRR 2025-017 Smith, John

It is noted that you refusing to perform all PRR’s

Please note that our email communications are subject to public disclosure

Thank you for reaching out. I will be reading this at my earliest opportunity.

Unfortunately I will not be able to respond via email. Call my cell phone 858-248-1509 if you want to speak or meet privately (please do NOT text).

Thank you for being actively involved — it is very much appreciated. Please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall.

https://poway.org

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall).

General Service Request

https://poway.org/270/Service-Request

Water
478 of 2175
July 1, 2025, Item #3

https://poway.org/317/Water

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Carrie Gallagher <[email protected]>
Sent: Wednesday, January 29, 2025 4:17:20 PM
To: Tony Blain <[email protected]>
Subject: RE: PRR 2025-017 Smith, John

Councilmember Blain,

To complete and closeout this search, I have attached the required affidavit for your review and signature per Alan’s Confidential Monday night memo. Please print, sign, check the appropriate box(s) that pertain to this specific request and return to me OR you can use Adobe to add a digital signature and mark the appropriate box(s) prior to returning to me.

· This is a new Affidavit, specific to the PRR noted in the Subject line.

Respectfully,

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA
92064
(858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

479 of 2175
July 1, 2025, Item #3
From: Tony Blain <[email protected]>
Sent: Thursday, January 23, 2025 5:57 PM
To: Carrie Gallagher <[email protected]>
Subject: Re: PRR 2025-017 Smith, John

Completed

I do not use my private e mail or devices or social media for “City Business”

I will read EVERY E-mail but I will not be responding to any further City e mails but I’m very happy to speak if you call my cell phone below - no texting please. And we can always meet in person.

Thank you for being actively involved — it is very much appreciated / please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so 480 of 2175
July 1, 2025, Item #3
they can all research and respond appropriately. All of their e-mails can be found on Poway City Council web site below.

https://poway.org

Please e-mail them all in 2 weeks for response if they do not respond sooner.

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Carrie Gallagher <[email protected]>
Sent: Thursday, January 23, 2025 5:53:27 PM
To: Tony Blain <[email protected]>
Subject: PRR 2025-017 Smith, John

Good afternoon Councilmember Blain,

Action is required on your part regarding the attached request for records:

Per the attached Public Records Act request, as required by City of San Jose v. Superior Court of Santa Clara County (2017) 2 Cal.5th 608, the Clerk’s Office asks that you search: All text messages, emails on personal/private email accounts, social media direct messages, voicemails, and any other communications, regardless of the type of device or account, sent or received by Councilmember Blain in anyway relating to City of Poway business from December 17, 2024 through January 22, 2025.

The standard for relating to City business is as follows:

“Whether a writing is sufficiently related to public business will not always be clear. For example, depending on the context, an email to a spouse complaining “my coworker is an idiot” would likely not be a public record. Conversely, an email to a superior reporting the coworker's mismanagement of an agency project might well be.

Resolution of the question, particularly when writings are kept in personal accounts, will often involve an examination of several factors, including the content itself; the context in, or purpose for which, it was written; the audience to whom it was directed; and whether the writing was prepared by an employee acting or purporting to act within the scope of his or her employment.” The communication must “relate in some substantive way to the conduct of the public’s business,” 481 of 2175
July 1, 2025, Item #3

Please note that deleting any public records less than two years old is illegal, including on private accounts.

Following the completion of your search, please provide confirmation in writing that your search has been completed and all responsive records have been provided to the City Clerk.

Please hand deliver or reply to this message with attached applicable pdf’s, screenshots, etc.:
on or before end of business day Tuesday January 28.

Thank you,

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA
92064
(858) 668-4535
[email protected]

City Hall is closed every other Friday. Please see City Calendar for dates.

*Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

482 of 2175
July 1, 2025, Item #3

36 36

483 of 2175
July 1, 2025, Item #3
Amended Agenda
Adding ltem #11
AG |- N DA Poway City Council ;
Council Chamber | 13325 Civic Center Drive | Poway, CA | 92064

February 4, 2025 | 7 p.m.

Thank you for participating in your local government and the City of Poway Council meetings.

Meetings | Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.

Public Meeting Access | Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City’s website.

Speakers | Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced.

To Watch Live:
www.poway.org/councilmeetings

Agenda Materials | This agenda contains a brief summary of each item the Council will consider.

The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City’s website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a “#” symbol are in preparation.

PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.

American Disabilities Act Title i | In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title Il. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.

Steve Vaus Peter De Hoff Tony Blain Jenny Maeda Christopher J. Pikus Mayor Deputy Mayor Councilmember Councilmember Councilmember 484 of 2175
July 1, 2025, Item #3
Reminder | As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.

The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:

ROLL CALL:

PLEDGE OF ALLEGIANCE:

MOMENT OF SILENCE:

PRESENTATION:

Fire Department Presentation
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be

brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.

Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment.

CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a

Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.

1. 2.

Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda Acceptance of the Midland Road Safety Improvements Project with HMS Construction, Inc., as Complete
Acceptance of the Traffic Signal Controller Upgrades Project with Econolite Systems, Inc., as Complete
Award of Agreement to Queen City Glass Co. for Public Facilities Renovation Window Replacement at the Water Treatment Plant
Award of Agreement to Division 8, Inc. for Public Facilities Renovation Window Replacement at Old Poway Park
Award of Agreement to D Ill Transport Corp. for Trucking and Operator Services; RFP No. 25-007 Award of Agreement to ACCO Engineered Systems Inc. dba ACCO Engineered Systems for Chiller Replacement; Bid No. 25-006
ORDINANCES FOR INTRODUCTION: None

2 of 3 Regular City Council Meeting February 4, 2025
485 of 2175
July 1, 2025, Item #3
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) City Manager’s Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving TPM 21-002.

STAFF REPORTS: None
WORKSHOPS: None
COUNCIL-INITIATED ITEMS:

9. Censure of Councilmember Tony Blain
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))

CITY MANAGER ITEMS:

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)

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 (8 54956.9(c)) Number of Matters: Two (2)
ADJOURNMENT:

State of California )
) ss. AFFIDAVIT OF POSTING
County of San Diego )
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on January 31, 2025.

Said meeting to be held at 7:00 p.m., February 4, 2025, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall.

Anni afer!
Carrie Gallagher, CMC, CitylClerk

3 of 3 Regular City Council Meeting February 4, 2025
486 of 2175
July 1, 2025, Item #3
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

February 4, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servicesq
Miguel Solano, Assistant Engineer
858-668-4653 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the Midland Road Safety Improvements Project with HMS Construction, Inc., as Complete
Summary:

On June 18, 2024, the City Council awarded the Midland Road Safety Improvements project contract to HMS Construction, Inc., Bid No. 24-004, in the amount of $320,000.00. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
1) Accept the Midland Road Safety Improvements project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $16,000.00 if unencumbered, 45 days after City Council acceptance;
4) Release the Liberty Mutual Insurance Company Bond for Material and Labor in the amount of $320,000.00 after the release of retention; and
5) Retain the Liberty Mutual Insurance Company Bond for Faithful Performance for a period of one (1) year.

Discussion:

In support of the Traffic Safety Committee recommendation, on October 17, 2023, the City Council budgeted funds to install improvements along Midland Road to address pedestrian safety after several residents expressed concerns related to speed and other traffic related issues. The City's traffic consultant, Kimley-Horn, assessed the condition and prepared the bidding documents to replace existing warning signs with fluorescent yellow-green signs, install rapid flashing beacon signs and place a speed feedback sign along Midland Road between Norwalk Street and Putney Road. All these improvements have now been successfully completed, and their effectiveness will be evaluated one year after City Council acceptance to ensure they achieve the intended safety objectives. 1 of2
487 of 2175
July 1, 2025, Item #3
HMS Construction, Inc., has completed all work in accordance with the contract plans and specifications. There were no change orders for this project. The final contract amount is $320,000.00.

Environmental Review:

This action of acceptance of public improvements that have been completed, which was the subject of a prior environmental determination, is not considered a Project pursuant to Section 15378(b)(S) of the California Environmental Quality Act (CEQA) Guidelines and therefore no further environmental review is required.

Fiscal Impact:

There are sufficient funds available in the project account (ST002) for the release of retention. Funds remaining in the project at year end will be returned to the Capital Improvement Fund for use on other projects.

Public Notification:

None.

Attachments:

None
Reviewed/ Approved By:

Wendy.,kaserman
Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
488 of 2175
July 1, 2025, Item #3
AG EN DA REPORT City of Poway
DATE:

TO:

FROM:

CONTACT:

February 4, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services Cf
Miguel Solano, Assistant Engineer
858-668-4653 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the Traffic Signal Controller Upgrades Project with Econolite Systems, Inc., as Complete
Summary:

On January 16, 2024, the City Council awarded the Traffic Signal Controller Upgrades project contract to Econolite Systems, Inc., Bid No. 24-001, in the amount of $519,551.72. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
1) Accept the Traffic Signal Controller Upgrades project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $26,161.17 if unencumbered, 45 days after City Council acceptance;
4) Release the Fidelity and Deposit Company of Maryland Bond for Material and Labor in the amount of $523,223.34 after the release of retention; and 5) Retain the Fidelity and Deposit Company of Maryland Bond for Faithful Performance for a period of one (1) year.

Discussion:

This project is part of an annual program to replace outdated traffic equipment as necessary to maintain uninterrupted operations of the City's traffic signals. The Public Works Department operates and maintains 56 signalized intersections in the City of Poway. Forty-three of the signalized intersections had type 170 controllers, which is the first generation of computer controller for signals in California. The type 170 controller has been discontinued resulting in difficulty finding replacement parts and lacks functionality of modern signal controllers. This project replaced the obsolete controllers with type 2070 controllers and installed the necessary fiber and network switches to improve traffic signal communications and integration with the City's traffic management systems.

While the City is exploring adaptive signal technology at select intersections as part of a separate 1 of2
489 of 2175
July 1, 2025, Item #3
effort, this project focused solely on upgrading existing controller infrastructure and did not include the implementation of adaptive signal technology.

This action accepts the Traffic Signal Controller Upgrades project as complete. STC Traffic, Inc. assisted with construction support services, providing signal timing conversions for each new controller and turn-on support ensuring proper traffic signal operation during construction. Econolite Systems, Inc. has completed all work in accordance with the contract plans and specifications. The single change order, in the amount of $3,671.50, consisted of installing controllers at five locations that were not part of the project scope. Additionally, the change order included the installation of power receptacles at four locations to provide the necessary power supply for the additional equipment being installed at these locations. The final contract amount is $523,223.34.

Environmental Review:

Fiscal Impact:

There are sufficient funds available in the project account (ST012) for the release of retention. Funds remaining in the project at year end will remain in the account to be combined with future appropriation for this annual traffic signal program.

Public Notification:

None.

Attachments:

None
Reviewed/Approved By:

I
-~ R;✓~ L------------~
Wenfu! Kaserman
Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
490 of 2175
July 1, 2025, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 4, 2025
Honorable Mayor and Members of the City ~~ncil
Eric Heidemann, Director of Public Works /4 ~
Michael Obermiller, Public Works Operations Man~
(858) 668-4722 or [email protected] ~

CITY COUNCIL
Award of Agreement to Queen City Glass Co. for Public Facilities Renovation Window Replacement at the Water Treatment Plant
An informal request for proposals for Public Facilities Renovation Window Replacement at the Water Treatment Plant was requested on June 13, 2024, by the City of Poway (City). Bids for the project were solicited directly from a pre-approved list of contractors under California Uniform Public Construction Cost Accounting Act (CUPCCAA) for public works projects under $220,000. City staff (staff) contacted CUPCCAA registered companies to provide proposals for the window replacement project at the Water Treatment Plant. One (1) proposal was received and reviewed by staff. Staff determined Queen City Glass Co. to be qualified to provide this service to the City.

Recommended Action:

It is recommended City Council award the Agreement for Public Facilities Renovation Window Replacement at the Water Treatment Plant to Queen City Glass Co. in the amount of $156,520 and authorize the City Manager to execute the necessary documents.

Discussion:

As part of the annual budget process, funds are allocated for capital projects through the Capital Improvement Program (CIP) for investment in City infrastructure, including City facilities. During the Fiscal Year (FY) 2023-24 budget process, funds were allocated to Public Facilities Renovation (MN040).

It was determined a portion of the funds would be utilized for window replacements at the Water Treatment Plant.

The windows at the Water Treatment Plant have reached the end of their useful life. The Water Treatment Plant, originally constructed in 1968, still contains its original windows. The proposed project involves replacing twenty-two (22) exterior windows of the office building. The existing windows are no longer functioning effectively due to ineffective seals and inadequate insulation, 1 of20
491 of 2175
July 1, 2025, Item #3
resulting in drafts and reduced comfort for staff working within the building. Replacing the windows will enhance energy efficiency and reduce ongoing maintenance requirements. The estimated construction timeline is 15 working days, with no impact to the Water Treatment Plant's operations.

Under CUPCCAA, alternative bidding procedures are available for public project work performed by contract. For projects valued at $220,000 or less, informal or formal bidding methods can be used, as specified in Sections 22032{b) or {c) of the California Public Contract Code. The City is a participant in CUPCCAA, which facilitates the use of informal bidding procedures for public works projects under $220,000. In accordance with this process, staff reached out to pre-approved contractors and requested six (6) proposals. A job walk was provided and attended by all six (6) contractors. Of the six (6) contractors that attended the job walk, one (1) proposal was submitted due to the project's complexity, as the windows have custom dimensions and configurations that present challenges beyond those typically encountered in a standard window replacement. Staff reviewed the proposal submitted by Queen City Glass Co. who was determined responsive. Based on the received proposal and the work needed to complete the project, Queen City Glass Co.'s price is fair and reasonable, and Queen City Glass Co. is qualified to carry out the work. Staff recommends the Agreement be awarded to Queen City Glass Co. for labor and materials to replace the windows at the Water Treatment Plant's office building in the total amount of $156,520.

A copy of the proposal is on file with the Public Works Department.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

The Public Facilities Renovation project (MN040) includes sufficient funding to award the noted Agreement for the window replacement project at the Water Treatment Plant for the recommended amount of $156,520. The City proactively planned for this window replacement project as part of the budget development process for the FY2023-24 budget, which resulted in unspent funds being rolled into the current FY2024-25 budget, with funds appropriated from the Capital Improvement Fund (1060).

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Assistant City Manager
2 of20
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
492 of 2175
July 1, 2025, Item #3
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 5th day of February 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and Queen City Glass Co. (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services for the Public Facility Renovation Window Replacement at the Water Treatment Plant;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City.

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 3 of20 ATTACHMENT A
493 of 2175
July 1, 2025, Item #3
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

Contractor shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.

For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
4 of20
494 of 2175
July 1, 2025, Item #3

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
5 of20
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. 495 of 2175
July 1, 2025, Item #3
DISCLOSURE DETERMINATION:
~ 1 . Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
6 of20
496 of 2175
July 1, 2025, Item #3

14. Contractor's
Insurance.

Contractor
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

For
Claims
alleged
to
arise
from
Contractor's
professional
services
, Contractor's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Contractor's
negligence.
(c)
The
foregoing
obligations
of
Contractor
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents
, employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Contractor,
anyone
directly
or
indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Contractor
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
7 of
20 497 of 2175
July 1, 2025, Item #3
(e)
Contractor
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Contractor
is
carrying
and
maintaining;
however,
if Contractor
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Contractor
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Contractor
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section

15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.

16. Assumption
of
Risk.

Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Contractor
: (a)
Contractor
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Contractor
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Contractor's
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Contractor
or
its
employees
in
connection
with
Contractor's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services.

17. Contractor
Not
an
Agent.

Except
as
City
may
specify
in
writing,
Contractor
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.

Contractor
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.

18. Personnel. Contractor
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.

The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.

City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Contractor
by
giving
oral
or
written
notice
to
Contractor
to
such
effect.

Contractor's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
8 of20
498 of 2175
July 1, 2025, Item #3

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.

22. Counterparts.

This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
9 of20
499 of 2175
July 1, 2025, Item #3

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City.

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
10 of20
500 of 2175
July 1, 2025, Item #3
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
ATTEST:

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:-----------
Alan Fenstermacher, City Attorney
11 of 20
Queen City Glass Co.

By:-------------
Katie Mertins, Contract Manager
501 of 2175
July 1, 2025, Item #3
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Contractor agrees to provide the public facility renovation at the Water Treatment Plant to remove and replace the windows located in the office building which shall consist with the documents described in the Scope of Services submitted on June 13, 2024, included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.

8. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the total fees submitted with the proposal dated June 13, 2024, which is included in this document as Attachment

1. The total fee is not to exceed $156,520. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall be effective from the period commencing February 5, 2025, and ending June 30, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.

D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
12 of 20
502 of 2175
July 1, 2025, Item #3
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
(Remainder of page intentionally left blank)
13 of 20
503 of 2175
July 1, 2025, Item #3
E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
14 of20
To City:

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
Queen City Glass Co.
30858 Wealth Street
Murrieta, CA 92563
(Remainder of page intentionally left blank)
504 of 2175
July 1, 2025, Item #3
~
ATTACHMENT 1
-
0 Q ue,e,«, e i,t;;(j ef ta<i<i e IJ.
est. 1973
C-17 Lie. #289252 DIR #1000001153
Date:

Project:

To:

Attn:

From:

June 13, 2024
City of Poway Water Treatment Facility, Poway, CA
Will Wiley
Estimating
Katie [email protected]
SCOPE OF WORK:

BID SCOPE LETTER
We hereby propose to furnish and install, tax included, per job walk attended by Mark Smith, the attached sketch and the following:

Scope:
2" x 4-1/2" aluminum storefront by Arcadia, Inc. Per the attached sketch. Glazing shall be 1" thick, tinted (standard color) low-e (standard) per approvals. Sliding windows included as noted, sizes may require alterations based on manufacturers allowed max. sizes. Demo, flashing for these openings and minor refinishing of interiors is included. No hardware schedule included, based on typical hardware as noted. Von Duprin Panics included.

BASE BID:

EXCLUSIONS:
1) Cleaning of glass and/or metal
2) Breakage or damage except our own
3) Protection of or from other trades
4) Bond -bendable at 1.5%
$156,520.00
1 CLARIFICATIONS/SPECIAL INCLUSIONS:

1. This project is based strictly on a jobsite walk, no architectural drawings, or specs. provided. Any major changes that occur due to issues from demo, etc. may require additional charges.

Notes, Terms and Conditions: Our Corporation has been established since 1973. We are SBE Certified. We are not affiliated with any Union. We have an open shop. Queen City Glass Co. subcontracts all labor. Prevailing wages included. California License No. 289252 C-17 expires 04/30/2026. We are bondable at a flat 2% rate, unless noted otherwise.

Payment of bond invoice not acceptable. A complete hard copy set of Contract Documents shall be provided to Queen City Glass at no cost. Standard AIA Subcontract Agreement only. This quote may be withdrawn if not accepted within 30 days. Anything not specifically included is excluded. Acceptance of this proposal by Contractor shall be acceptance of all terms and conditions recited herein and shall supersede conflicting terms in any other contractor's documents. Any of the contractor's terms and conditions in addition, or different from this proposal are objected and shall have no effect. Contractor's agreement to the terms of this scope letter shall be evidenced by contractor listing Queen City Glass Co. in its bid documents or by allowing QCG to commence work for this project. All progress and final payments must be paid in strict accordance with Public Contract Code and the CA Prompt Payment Act. State of CA SBE interest rates will apply to any and all late payments. 30858 Wealth Street, Murrieta, CA 92563
Phone: (951) 719-3300 Fax: (951) 719-3331
www.queencityglass.com
505 of 2175
July 1, 2025, Item #3
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
16 of20
(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received 506 of 2175
July 1, 2025, Item #3
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
17 of20
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
507 of 2175
July 1, 2025, Item #3
(3)The
retiree
is
eligible
to
participate
in
the
Faculty Early Retirement
Program
pursuant
to
a
collective bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
(4)The
retiree
is
a
public
safety
officer
or
firefighter hired
to
perform
a function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter.
(g)A
retired
person
who
accepted
a
retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
and
subdivision
(f)
shall
not
apply.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214,
24214.5
or
26812
ofthe
Education
Code.
(i)This
section
shall
not
apply
to
(1)
a
subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a
judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a
trial
court,
or
(2)
a
retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II who
is
assigned
to
serve
in
a
court
pursuant
to
Section
68543.5.

History Added
Stats
2012
ch
296
§ 15
(AB
340),
effective
January
1,
2013
. Amended
Stats
2013
ch
528
§ 11
(SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 § 75
(AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476),
effective
January
1,
2015.

Annotations Notes Amendments: 2013
Amendment:

Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(I)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
18 of
20 508 of 2175
July 1, 2025, Item #3

GUARANTY
To
the
City
of
Poway,
City
Council,
for:

PUBLIC

FACILITY

RENOVATION
WINDOW

REPLACEMENT
AT THE
WATER

TREATMENT
PLANT
The
undersigned
guarantees
the
work
included
in
this
project(s).

Should
any
of
the
materials
or
equipment
prove
defective
or
should
the
work
as
a
whole
prove
defective,
due
to
faulty
workmanship,
material
furnished
or
methods
of
installation,
or
should
the
work
or
any
part
thereof
fail
to
operate
properly
as
originally
intended
and
in
accordance
with
the
Plans
and
Specifications,
due
to
any
of
the
above
causes,
all
within
the
number
of
months
the
site
is
to
be
maintained
after
date
on
which
this
Contract
is
accepted
by
the
City,
or
the
date
of
recordation
of
Notice
of
Completion
, whichever
is
the
later,
the
undersigned
agrees
to
reimburse
the
City
upon
demand,
for
its
expenses
incurred
in
restoring
said
work
to
the
condition
contemplated
in
said
project,
including
the
cost
of
any
such
equipment
or
materials
replaced
and
the
cost
of
removing
and
replacing
any
other
work
necessary
to
make
such
replacement
or
repairs,
or
upon
demand
by
the
City,
to
replace
any
such
material
and
to
repair
said
work
completely
without
cost
to
the
City
so
that
said
work
will
function
successfully
as
originally
contemplated.

The
City
shall
have
the
unqualified
option
to
make
any
needed
replacements
or
repairs
itself
or
to
have
such
replacements
or
repairs
done
by
the
undersigned
. In
the
event
the
City
elects
to
have
said
work
performed
by
the
undersigned,
the
undersigned
agrees
that
the
repairs
shall
be
made
and
such
materials
as
are
necessary
shall
be
furnished
and
installed
within
a
reasonable
time
after
the
receipt
of
demand
from
the
City
. If
the
undersigned
shall
fail
or
refuse
to
comply
with
his
obligations
under
this
guaranty,
the
City
shall
be
entitled
to
all
cost
and
expenses,
including
attorney's
fees,
reasonably
incurred
by
reason
of
the
said
failure
or
refusal.

Contractor Date
19 of
20 509 of 2175
July 1, 2025, Item #3

WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
20 of 20
510 of 2175
July 1, 2025, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
February 4, 2025
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works ( ~
Michael Obermiller, Public Works Operations Mana~ __
(858) 668-4722 or [email protected] ~

CITY COUNCIL
Award of Agreement to Division 8, Inc. for Public Facilities Renovation Window Replacement at Old Poway Park
An informal request for proposals for Public Facilities Renovation Window Replacement at Old Poway Park was requested on September 3, 2024, by the City of Poway (City). Bids for the project were solicited directly from a pre-approved list of contractors under California Uniform Public Construction Cost Accounting Act (CUPCCAA) for public works projects under $220,000. City staff (staff) contacted CUPCCAA registered companies to provide proposals for the window replacement project at Old Poway Park. One (1) proposal was received and reviewed by staff. Staff determined Division 8, Inc. to be qualified to provide this service to the City.

Recommended Action:

It is recommended City Council award the Agreement for Public Facilities Renovation Window Replacement at Old Poway Park to Division 8, Inc. in the amount of $120,670 and authorize the City Manager to execute the necessary documents.

Discussion:

It was determined a portion of the funds would be utilized for window replacements at Templars Hall located in Old Poway Park along Midland Road.

The windows at Templars Hall have reached the end of their useful life. Templars Hall, originally constructed in 1886, underwent repairs in the 1990s, including the installation of the current exterior windows. The proposed project involves replacing all nine (9) exterior windows. The existing windows no longer function efficiently due to worn frames, warping that prevents proper latching, separation 1 of21
511 of 2175
July 1, 2025, Item #3
between the wood and window causing insulation failure, and an inability to support necessary interior hardware. Replacing the windows will enhance energy efficiency and reduce ongoing maintenance requirements. The estimated construction timeline is 15 working days. During this period, Templars Hall will be closed to the public. All closures will be coordinated through Old Poway Park staff to minimize the effect on the public.

Under CUPCCAA, alternative bidding procedures are available for public project work performed by contract. For projects valued at $220,000 or less, informal or formal bidding methods can be used, as specified in Sections 22032(b) or (c) of the California Public Contract Code. The City is a participant in CUPCCAA, which facilitates the use of informal bidding procedures for public works projects under $220,000. In accordance with this process, staff reached out to pre-approved contractors and requested six (6) proposals. A job walk was provided and attended by all six (6) contractors. Of the six (6) contractors that attended the job walk, one (1) proposal was submitted due to the project's complexity, as these are original wooden windows that present challenges beyond those typically encountered in a standard window replacement. Staff reviewed the proposal submitted by Division 8 Inc. who was determined responsive. Based on the received proposal and the work needed to complete the project, Division 8 lnc.'s price is fair and reasonable, and Division 8 Inc. is qualified to carry out the work. Staff recommends the Agreement be awarded to Division 8 Inc. for labor and materials to replace the windows in Templars Hall at Old Poway Park in the total amount of $120,670.

A copy of the proposal is on file with the Public Works Department.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

The Public Facilities Renovation project (MN040) includes sufficient funding to award the noted Agreement for the window replacement project at Old Poway Park for the recommended amount of $120,670. The City proactively planned for this window replacement project as part of the budget development process for the FY2023-24 budget, which resulted in unspent funds being rolled into the current FY2024-25 budget.

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Wendy &lserman =
Assistant City Manager
2 of 21
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
512 of 2175
July 1, 2025, Item #3
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 5th day of February 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and Division 8, Inc. (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services for the Public Facility Renovation Window Replacement at Old Poway Park;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City.

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 3 of21 ATTACHMENT A
513 of 2175
July 1, 2025, Item #3
delivery
of
written
notice
of
termination
to
Contractor.

Such
termination
shall
be
effective
upon
delivery
of
said
notice.

5. Confidential
Relationship.

City
may
from
time
to
time
communicate
to
Contractor
certain
information
to
enable
Contractor
to
effectively
perform
the
services.

Contractor
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.

Contractor
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.

The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available sources
of
information;
(ii)
is,
through
no
fault
of
Contractor,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Contractor
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Contractor
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.

In
its
performance
hereunder,
Contractor
shall
comply
with
all
legal
obligations
it
may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person,
firm
or
corporation.

6. Office
Space
and
Clerical
Support.

Contractor
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.

7. Covenant
Against
Contingent Fees.

Contractor
declares
that
it
has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Contractor,
to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other
than
a
bona
fide
employee,
any
fee,
commission,
percentage,
brokerage
fee,
gift
or
any
other
consideration,
contingent
upon
or
resulting
from
the
award
or
making
of
the Agreement.

For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
or,
at
its
sole
discretion,
to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage,
brokerage
fee,
gift
or
contingent
fee.

8. Ownership
of
Documents.

All
memoranda,
reports,
plans,
specifications,
maps,
and
other
documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Contractor
upon
demand.
4of21
514 of 2175
July 1, 2025, Item #3

9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.

During
the
term
of
this
Agreement
Contractor
shall
not
act
as
Contractor
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interest's
conflict
in
any
way
with
those
of
the
City
of
Poway.

Contractor
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code.

Contractor
shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Contractor
has
a
financial
interest
as
defined
in
Government Code
Section
87103.

Contractor
represents
that
it has
no
knowledge
of
any
financial
interests
which
would
require
it
to
disqualify
itself
from
any
matter
on
which
it
might
perform
services
for
the
City
.
"Contractor
" means
an
individual
who,
pursuant
to
a
contract
with
a
state
or
local
agency:
5 of
21 (A)
Makes
a
governmental
decision
whether
to
:

1. Approve
a
rate,
rule
or
regulation;

2. Adopt
or
enforce
a law
;

3. Issue,
deny,
suspend,
or
revoke
any
permit,
license,
application,
certificate,
approval,
order,
or
similar
authorization
or
entitlement;

4. Authorize
the
City
to
enter
into,
modify,
or
renew
a
contract
provided
it is
the
type
of
contract
that
requires
City
approval;

5. Grant
City
approval
to
a
contract
that
requires
City
approval
and
to
which
the
City
is
a
party,
or
to
the
specifications
for
such
a
contract.

6. Grant
City
approval
to
a
plan,
design,
report,
study,
or
similar
item;

7. Adopt,
or
grant
City
approval
of,
policies,
standards,
or
guidelines
for
the
City,
or
for
any
subdivision
thereof;
or
(B)
Serves
in
a
staff
capacity
with
the
City
and
in
that
capacity
participates
in
making
a
governmental
decision
as
defined
in
the
Political
Reform
Act
and/or
implementing
regulations
promulgated
by
the
Fair
Political
Practices
Commission
or
performs
the
same
or
substantially
all
the
same
duties
for
the
City
that
would
otherwise
be
performed
by
an
individual
holding
a
position
specified
in
the
City's
Conflict
of
Interest
Code.
515 of 2175
July 1, 2025, Item #3
DISCLOSURE DETERMINATION:
[gj 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

Department Director

10. No Assignments.

11. Maintenance of Records.

12. Independent Contractor.

13. Licenses, Permits, Etc.

14. Contractor's Insurance.

Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
7 of21
517 of 2175
July 1, 2025, Item #3
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section

15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.

17. Contractor Not an Agent.

Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.

Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
8 of21
518 of 2175
July 1, 2025, Item #3

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special • Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.

22. Counterparts.

23. Entire Agreement.

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
10 of 21
520 of 2175
July 1, 2025, Item #3
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
ATTEST:

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:------------
Alan Fenstermacher, City Attorney
11 of 21
Division 8, Inc.

By:------------
Stephanie Hoyt, Contract Manager
521 of 2175
July 1, 2025, Item #3
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Contractor agrees to provide the public facility renovation at Old Poway Park to remove and replace the windows located in Templars Hall which shall consist with the documents described in the Scope of Services submitted on September 3, 2024, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.

8. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the total fees submitted with the proposal dated September 3, 2024, which is included in this document as Attachment 1. Total fee is not to exceed $120,670. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

C. Term of Agreement.

D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
12 of 21
522 of 2175
July 1, 2025, Item #3
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

3. Insurance Certificates:

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
14 of 21
To City:

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
Division 8, Inc.
1488 Pioneer Suite 105
El Cajon, CA 92020
(Remainder of page intentionally left blank)
524 of 2175
July 1, 2025, Item #3
1488 Pioneer Suite 105
El Cajon, CA 92020
CA UC 779435
September 3, 2024
Company:

Attention:

Reference:

City of Poway
Will Wiley
Templar's Hall
Subject: Scope of Work/ Proposal R1
ATTACHMENT 1
DIVISION 8

INCORPORATED
Phone: (619) 741-7552
Fax: (619) 741-7582
www.division8inc.com
Division 8 Inc. is pleased to submit our bid proposal based upon the jobsite visit between Rob Hoyt with Division 8 and Will Wiley with the City of Poway.

Furnished and Installed, Sales Tax Included. Per plans and specifications, subject to the following inclusions and exclusions; Inclusions Templars Hall:
1) Workmanship warranty is for a maximum of one (1) year. Warranties are for manufacturer's standard period and shall not be extended unless approved by the manufacturer.
2) Demo: Division 8 to demo the existing windows leaving structural elements supporting windows and remove from premises.
3) Wood clad windows: Provide and install (13) Pella windows at Templars Hall per Dixieline's quote (see attached takeoff).

The window finish at Templars Hall to be Hartford Green paint on exterior and primed pine interior. Glass to be dual tempered Low-E Sun-Defense glass. Windows to include 7/8" traditional grille per existing windows. 4) Weather Barrier-Forti-Flash 40 mil flexible flashing at window perimeter. 5) Perimeter caulking
6) Prevailing wages
15 of 21
Division 8 Incorporated, AGC & ABC Affiliate

Page 1 of 2 ends

Poway City CouncilJuly 1, 2025

Poway City Council
July 1, 2025