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Item 3 - Attachment B - Attachments to the Executive Summary of Investigative Findings City of Poway - City Attorney Alan Fenstermacher

Poway City Council
July 1, 2025

Document
Item 3 - Attachment B - Attachments to the Executive Summary of Investigative Findings City of Poway - City Attorney Alan Fenstermacher
Meeting
July 1, 2025
Body
Poway City Council
Pages
20
Original file
1.3 MB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

Categorically Exempt as a Class 15 Categorical Exemption from the California Environmental Quality Act (CEQA) Guidelines, in that the project proposes a division of property in an urbanized area zoned for residential use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the development parcel does not have an average slope greater than 20 percent.

SECTION 3: The findings in accordance with Chapter 16.20 of the Poway Municipal Code (PMC) for TPM 21-002 are made as follows:

A. The design of the proposed subdivision is consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC.

B. The site is physically suitable for the type of development and the density proposed, in that the site is large enough to accommodate the proposed density and is compatible and in character with development in the vicinity.

C. The design of the TPM is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the proposed Project will be developed in accordance with City and other governmental agency requirements and mitigation measures will be incorporated.

D. The design of the subdivision is not likely to cause serious public health problems in that City water services is available to the site.

E. The design of the lot division will not conflict with easements, acquired by the public at large, for access, or use of, property within the proposed subdivision. Existing or new easements will not have any obstructions or impacts from this subdivision.

F. The Project has been designed to be compatible and in scale with the existing surrounding residential development. Therefore, the proposed use respects the interdependence of land values and aesthetics to the benefit of the City. The Project is compatible in design, consistent with the surrounding residential development.

G. The Project has been designed to minimize impacts on surrounding development in that the proposed design, size, and scale of the project is compatible with and will not adversely affect, or be materially detrimental to, adjacent land uses, residences, buildings, structures, or natural resources.

H. The granting of the TPM would not be materially detrimental to the public health, safety, or welfare since the project has been designed to minimize impacts on the surrounding community and the systems that serve that community.

I. Therefore, the proposed development respects the public concerns for the aesthetics, design, health, and safety of development, and will not have any unmitigated impacts.

SECTION 4: The findings in accordance with California Government Code (CGC) Title

7. Division 2. Chapter 2. Article 3. Parcel Maps (Section 66444-66450) forTPM 21-002 are made as follows:
7 of 33
1368 of 2175
July 1, 2025, Item #3
Resolution No. 25-

Page 3 ends

A. The proposed subdivision map is consistent with the objectives, policies, general land uses and programs of the Subdivision Map Act (SMA) in that it proposes to create three residential lots at a density that is consistent with the Poway General Plan designations and PMC standards.

8. The design of the proposed subdivision is consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC.

C. The site is physically suitable for the type of development in that the site is large enough to provide three lots meeting size standards.

SECTION 5: The findings in accordance with PMC Chapter 8 Health and Safety for TPM 21-002 are as follows:

A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project.

8. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below:
a. Sewer line or septic availability
b. Street improvements, including private streets and driveways c. Storm water drainage contained onsite
d. Landscaping and protection of existing habitats
C. In accordance with the Poway General Plan, the project requires the payment of development impact fees, which as assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City.

SECTION 6: Pursuant to Government Code Section 66020, the design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve this project.

SECTION 7: The City Council hereby approves TPM 21-002 as shown on the approved plans, on file with the Development Services Department and subject to the following conditions:

A. The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the of the City's approval of this Project including, but not limited to, any action to attack, set aside, void, challenge, or annul the TPM approved by this Resolution (TPM 21-002), or any other project development approval, implementing approvals or permits, and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own 8 of 33
1369 of 2175
July 1, 2025, Item #3
Resolution No. 25-

Page 4 ends

defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, Applicant shall pay all costs related thereto, including without limitation reasonable attorney' s fees and costs.

In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter.

However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by Applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City.

B. Approval of this TPM request shall apply only to the subject project and shall not waive compliance with all sections of the General Plan and PMC in effect at the same time of Building Permit Issuance.

C. Within 30 days of the date of this approval, and before the issuance of any permit:

1. The Applicant shall submit in writing that all conditions of approval have been read and understood (Statement of Understanding [SOU]).

2. The Property Owner shall execute a Covenant Regarding Real Property regarding Landscaping and its required maintenance, including the required Fire Fuel Management Zones. In order for the City to prepare the Covenant, the Applicant must first submit a plat, legal description of the project site as subdivided, and the traverse calculations.

D. The project shall comply with all conditions of approval and mitigation measures established under previous project entitlements unless otherwise modified or superseded by these Conditions of Approval contained herein as determined by the Director of Development Services.

E. The conditions for the project shall remain in effect for the life of the subject property and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner who is represented on the stamped approved plans on file in the Development Services Department. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans.

F. Securities May be Required to Ensure Performance. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development plan, the Applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development plan. Such security shall be furnished as required by local ordinance.

G. Provision of Required Improvements. Whenever a TPM approval is granted or modified subject to the condition that specified improvements be provided by the Applicant, such improvements shall be installed by the Applicant and approved and accepted by the cognizant City authority, the Applicant shall execute an agreement with the cognizant City 9 of 33
1370 of 2175
July 1, 2025, Item #3
Resolution
No.
25-
Page
5 authority
pursuant
to
local
ordinance
to
make
such
improvements
prior
to
the
time
or
events
specified
in
the
TPM
approval.

H.

Condition
Declared
Void.

Whenever
there
becomes
final
any
judgement
of
a
court
of
competent
jurisdiction
declaring
one
or
more
of
the
conditions
of
a
TPM
approval
to
be
void
or
ineffective,
or
enjoining
or otherwise
prohibiting
the
enforcement
or
operation
of
one
or
more
of
such
conditions,
said
TPM
approval
shall
cease
to
be
valid
and
all
rights
or
privileges
granted
thereby
shall
lapse,
as
provided
by
PMC
17 .52.110.

I.

Violation
of
Condition.

Whenever
a
TPM
is
approved
or
modified
by
the
approving
authority
subject
to
a
condition
or
conditions,
such
TPM
approval
in
violation
of
or
without
observance
of
any
such
conditions
shall
constitute
a violation
of
the
zoning
ordinance
and
said
TPM
approval
may
be
revoked
or
modified
as
provided
in
PMC

17.52.100
(Ord.
113
§§
1 (Ex
. A
10 .3.9),
2,
1983;
Ord.
44 § 3
(Ex.

A),
1981).

J.

The
developer
is
required
to
comply
with
the
Poway
Noise
Ordinance
(PMC
Chapter

8.08)
requirement
which
governs
construction
activity
and
noise
levels
.

K.

TPM
21-002
may
be
subject
to
annual
review,
as
determined
by
the
Director
of
Development
Services,
for
compliance
with
the
conditions
of
approval
and
to
address
unresolved
concerns
that
may
have
been
raised
during
the
prior
year
.

L.

This
approval
is
based
on
the
existing
site
conditions
and
proposed
project
details
as
represented
on
the
stamped
approved
plans
on
file
in
the
Development
Services
Department.

Any
substantial
changes
to
the
approved
plans
must
be
approved
by
the
Director
of
Development
Services
and
may
require
approval
of
the
City
Council
if
the
Director
of
Development
Services
finds
that
the
proposed
changes
do
not
substantially
conform
to
approved
plans.

M.

The
applicant
shall
comply
with
the
PMC,
the
latest
adopted
construction
related
codes
and
all
other
applicable
codes
and
ordinances
at
the
time
of
Building
Permit
issuance.

N.

Uses
at
the
site
shall
be
limited
to
those
identified
for
the
site's
applicable
land
use
designation
as
identified
and
defined
in
the
City's
PMC.

0. Prior
to
approval
of
the
final
parcel
map
:
(Engineering
Division)
10 of
33 1.

Within
thirty
(30)
days
after
tentative
parcel
map
approval,
the
applicant
shall
submit
in
writing
to
the
City's
Planning
Division
that
all
conditions
of
approval
have
been
read
and
understood.

2. This
approval
is
based
on
the
existing
site
conditions
represented
on
the
approved
tentative
map.

If
actual
conditions
vary
from
representations,
the
approved
tentative
map
must
be
changed
to
reflect
the
actual
conditions.

Any
substantial
changes
to
the
tentative
map
must
be
approved
by
the
Director
of
Development
Services.

3. The
final
parcel
map,
together
with
the
supporting
data
and
documentation,
shall
be
submitted
to
the
Engineering
Division
for
review
and
approval.

The
appropriate
map
1371 of 2175
July 1, 2025, Item #3
11 of
33 checking
fee
shall
be
paid
by
the
applicant.

Resolution
No.
25-
Page
6 4.

The
final
map
shall
conform
to
City
standards
and
procedures,
the
City
Subdivision
Ordinance,
the
latest
edition
of
the
Subdivision
Map
Act,
and
the
Land
Surveyors'
Act,
and
all
other
applicable
laws,
regulations
and
ordinances.

5. Any
existing
and
proposed
public
easements
shall
be
depicted
on
the
Final
Map
and
grading
plans.

Easements
shall
include
at
a
minimum
(but
are
not
limited
to):
a.

A
new
40-foot
public
water
easement
and
irrevocable
offer
of
dedication
along
the
proposed
new
private
road
shall
be
dedicated
to
the
City
on
the
Final
Map.
b.

Private
utility
service
and
access
easements.
c.

Easements for
private
stormwater
drainage
and
maintenance
access
across
lots.
d.
15-foot
wide
Pedestrian/Equestrian
access
easements
for
both
Dearborn
Trail
and
Espola
Trail.

6. Improvement
plans
prepared
on
a
City
of
Poway
standard
sheet
at
a
scale
of
1"
=
20',
unless
otherwise
approved
by
the
City
project
engineer,
in
accordance
with
the
submittal
and
content
requirements
listed
in
the
PMC
shall
be
approved.

Submittal
shall
be
made
to
the
Department
of
Development
Services
Engineering
Division
for
review
and
approval.

The
improvement
design
shall
be
100%
complete
at
the
time
of
submittal
and
ready
for
approval.

The
Applicant
shall
pay
the
improvement
plan
check
fees
according
to
the
latest
adopted
master
fee
schedule.

The
plan
shall
include,
at
a
minimum,
the
following
features:
a.

Public
water
improvements
including
fire
hydrant
and
related
appurtenances
connecting
all
units
to
the
public
water
main
along
the
new
street.
b.

Undergrounding
of
the
existing
overhead
electrical
poles
and
lines
located
along
the
southerly
property
boundary
and
fronting
Poway
Road.
c.

Installation
of
signage
and
improvements
to
facilitate
pedestrian
crossing
at
the
intersection
of
Poway
Rd
and
Espola
Rd.

7. The
project
requirements
for
fire
protection
specify
the
installation
of
fire
hydrants
and
expansion
of
the
public
water
system
necessary
to
support
the
installation
of
the
hydrant.

A
Water
System
Analysis
is
required
for
final
design
of
the
proposed
public
water
system
expansion.

The
Applicant
shall
pay
for
the
cost
of
preparing
the
analysis
prior
to
submittal
of
improvement
plans.

8. The
public
improvement
plan
shall
be
approved.

The
applicant
shall
enter
into
a
Standard
Agreement
for
public
improvements
for
the
work
to
be
done
as
part
of
the
Public
Improvement
plan.

The
applicant
will
be
responsible
for
posting
securities
for
monumentation
and
public
improvements
.

9. City
utility
undergrounding
requirements
:
a.

The
existing
overhead
electrical
and
communication
poles
and
lines
located
along
1372 of 2175
July 1, 2025, Item #3
12 of
33 Resolution
No.
25-
Page
7 the
southerly
property
boundary
and
fronting
Poway
Road
must
be
shown
to
be
undergrounded
on
the
improvement
plans
. The
improvements
will
take
place
both
onsite
and
offsite
of
the
property
.
b.

A
pre-design
meeting
with
the
utility
company
is
required
. The
meet
ing
must
be
initiated
by
the
applicant.

It is
recommended
that
this
meeting
be
scheduled
shortly
after
approval
to
avoid
delays
.
c.

If
any
additional
easements
are
required
to
be
dedicated
to
the
utility
company,
they
shall
be
shown
on
the
final
map
.
d.

The
applicant
must
include
a
note
on
the
building
and
grading
plans
stating
, "the
existing
overhead
electrical
poles
and
lines
located
along
the
southerly
property
boundary
and
fronting
Poway
Road
to
be
undergrounded
per
the
improvement
plan
IMP
24-XXXX."

10. The
property
owner
shall
enter
into
a
Private
Facilities
Maintenance
Agreement
for
ongoing
maintenance
of
the
private
facilities
within
the
subdivision
, including
but
not
limited
to
the
private
road,
private
utilities,
trail,
and
Parcel
A.

The
agreement
shall
define
responsibilities
for
maintenance,
property
taxes,
and
other
associated
obligations
and
shall
establish
a financial
mechanism
for
sharing
of
costs
and
securing
long-term
maintenance.

The
form
and
content
of
the
agreement
shall
be
to
the
satisfaction
of
the
City
Attorney
and
City
Engineer.

11. The
applicant
shall
include
provisions
in
their
design
contract
with
their
design
consultants
that
,
following
acceptance
by
the
City,
all
construction
drawings
or
technical
reports
accepted
by
the
City
(exclusive
of
architectural
building
plans)
shall
become
the
property
of
the
City.

Once
accepted
, these
plans
may
be
freely
used,
copied
or
distributed
by
the
City
to
the
public
or
other
agencies
as
the
City
may
deem
appropriate
. An
acknowledgement
of
this
requirement
from
the
design
consultant
shall
be
included
on
all
construction
drawings
at
the
time
of
plan
submittal.

12. A
cash
deposit
to
the
City,
in
an
amount
equivalent
to
$100.00
per
sheet
of
the
parcel
map
, for
the
mylar
reproduction
of
the
recorded
tract
map
shall
be
posted.

If
a
mylar
copy
of
the
map
is
provided
to
the
City
within
three
(3)
months
of
its
recordation
or
prior
to
building
permit
issuance,
whichever
comes
first,
the
security
shall
then
be
returned
. (See
PMC
Section
16 .12
.060
8 for
subdivider's
responsibility
to
provide
a
reproducible
mylar
copy
to
the
City)
.
13 . Within
thirty
(30)
days
after
City
Council
approval
of
the
final
map
, the
subdivider
shall
pay
the
City
the
sewer
connection
fee
.

14. The
Applicant
shall
pay
the
drainage
impact
development
fee
in
effect
at
the
time
of
subdivision.

15. After
subdivision,
all
parcels
will
continue
to
be
considered
one
project
as
defined
by
the
San
Diego
Regional
Water
Quality
Control
Board
. Any
future
improvements
(on
either
parcel)
adding
and/or
replacing
impervious
area
may
cause
the
project
to
be
classified
as
a Priority
Development
Project
as
defined
in
the
Poway
BMP
Design
Manual.
1373 of 2175
July 1, 2025, Item #3
Resolution
No
. 25-
Page
8 (Planning)
16 . Development
on
the
site
must
comply
with
the
Poway
Noise
Ordinance,
Chapter

8.08 PMC.
construction
work
specifically
regulated
by
PMC

8.08.100
.
17 . Prior
to
issuance
of
the
Final
Parcel
Map,
an
interior
noise
analysis
compliant
with
the
California
Code
of
Regulations
Title
24 Noise
Insulation
Standards
is
required
due
to
the
project's
proximity
to
Poway
Road
and
Espola
Road
. The
acoustic
analysis
shall
demonstrate
that
the
architectural
and
site
design
of
the
residences
limits
interior
noise
at
or
below
current
dbA CNEL
standards
or
less
.
a.

Applicant
shall
pay
for
the
cost
of
preparing
the
analysis
prior
to
completion
of
Final
Parcel
Map.
b.

If
building
fac;ade
areas
exceed
CCR
Title
24 noise
abatement
thresholds
of
60 dbA
CNEL
for
second
story
levels,
interior
noise
mitigation
(e
.g., specialized
door
and
window
types
or
treatments)
shall
be
required
for
second
stories
on
the
residences
in
this
development.
c.

Parcel
1 development
shall
not
exceed
1 story,
to
mitigate
noise
levels
for
neighboring
properties.
d.

The
noise
analysis
may
recommend
a
noise
wall
along
Poway
Road
. If
this
is
a
recommendation
, it
shall
be
treated
as
a
requirement
of
this
TPM
approval
and
a
noise
wall
shall
be
constructed.

P.

Prior
to
issuance
of
a
Grading
Permit,
the
applicant
shall
submit grading
plans
consistent
with
the
approved
project
plans
on
file
in
the
Development
Services
Planning
Division.

Compliance
with
the
following
conditions
is
required
prior
to
issuance
of
the
Grading
Permit:
(Engineering
Division)
13 of
33 1.

Submit
a
precise
grading
plan
for
the
development
prepared
on
a
City
of
Poway
standard
sheet
at
a
scale
of
1"
=
20',
unless
otherwise
approved
by
the
City
project
engineer.

The
plans
shall
use
vertical
datum
NAVD88
. Please
be
aware
that
all
elevations
in
the
Poway
Benchmark
list
are
datum
NGVD
29 and
will
need
to
be
converted
. Submittals
shall
be
made
to
the
Department
of
Development
Services
Engineering
Division
for
review
and
approval.

The
grading
design
shall
be
100
percent
complete
at
the
time
of
submittal
,
ready
for
approval
and
issuance
of
permit.

Incomplete
submittals
will
not
be
accepted.

All
technical
studies
as
required
by
Chapter
16 of
the
PMC
shall
be
submitted.

The
applicant
shall
pay
the
grading
permit
and
plan
check
fee
according
to
the
latest
adopted
master
fee
schedule
.

2. Per
PMC
16 .50
.010,
the
soils
report
must
include
calculations
that
show
that
the
steeper
slope
has
a
factor
of
safety
of
greater
than
one
and
one-half,
both
in
mass
stability
and
surficial
stability.

Special
designs
to
mitigate
minor
surficial
instability
may
be
considered
for
approval
by
the
City
Engineer.

This
specifically
applies
(but
is
not
1374 of 2175
July 1, 2025, Item #3
14 of
33 Resolution
No
. 25-
Page
9 limited
to)
the
northern
portions
of
Parcel
1 and
2,
and
along
the
west
boundary
of
Parcel

3. 3.

A
drainage
study
addressing
the
impacts
of
the
100-year
storm
event
prepared
by
a
registered
Civil
Engineer
is
to
be
submitted
and
approved
. The
study
shall
evaluate
existing
and
proposed
hydrologic
and
hydraulic
conditions
to
the
satisfaction
of
the
City
project
engineer
.

4. Water
Quality
Control
-
Design
and
Construction
:

The
Project
shall
comply
with
the
City
and
Regional
Water
Quality
Control
Board
stormwater
requirements.

The
Project
is
considered
a
Priority
Development
Project
and
will
be
subject
to
all
City
and
State
requirements
. Two
copies
of
a
final
Storm
Water
Quality
Management
Plan
(SWQMP)
prepared
by
a
registered
Civil
Engineer
is
to
be
submitted
and
approved.

5. Once
the
final
SWQMP
is
approved;
a.

Provide
a
signed
PDF
version
of
an
Operation
&
Maintenance
(O&M)
plan
in
accordance
with
Chapter

16.104
of
the
PMC.
b.

The
property
owner
shall
execute
an
approved
Storm
Water
Management
Facilities
Maintenance
Agreement
(SWFMA)
accepting
responsibility
for
all
structural
BMP
maintenance,
repair
and
replacement
as
outlined
in
the
Operations
and
Maintenance
plan.

The
operation
and
maintenance
requirements
shall
be
binding
on
the
land
throughout
the
life
of
the
project
as
outlined
in
section

16.104
of
the
PMC
. The
SWFMA
shall
be
recorded
on
all
properties
tributary
to
and
responsible
for
maintaining
the
BMPs
.

6. Water
Quality
Control
-
Construction
Storm
Water
Management
Compliance
Proof
of
coverage
under
the
General
Permit
for
Discharges
of
Storm
Water
Associated
with
Construction
Activity
(Construction
General
Permit,
2009-0009-DWQ,
as
amended
by
order
2010-0014)
shall
be
provided
to
the
City
along
with
a
copy
of
the
Storm
Water
Pollution
Prevention
Plan
(SWPPP).

7. Private
sewer
lift
stations
shall
have
odor
control
systems
installed
to
mitigate
odors.

8. Grading
securities
shall
be
posted
with
the
City
prior
to
grading
plan
approval
per
Chapter

16.46 of
the
PMC.

A
minimum
cash
security
of
$2,000
.00
is
required
in
all
instances
.

9. The
Applicant
shall
pay
the
storm
water
pollution
inspection
fee
according
to
the
latest
adopted
master
fee
schedule
.
10 . Any
private
improvements
within
any
publicly
held
easement
or
right-of-way
may
require
an
encroachment
agreement
as
determined
necessary
by
the
City
Engineer.

All
necessary
encroachment
agreements
shall
be
approved
and
executed
prior
to
grading
permit
issuance.

This
requirement
applies
to
the
proposed
private
sewer
laterals
to
the
parcels
.
1375 of 2175
July 1, 2025, Item #3
Resolution
No.
25-
Page
10 11.

Following
approval
of
the
grading
plans,
posting
of
securities
and
fees,
and
receipt
of
three
copies
of
the
approved
plans,
the
applicant
shall
attend
a
pre-construction
meeting
at
the
Department
of
Development
Services
. The
scheduling
request
shall
be
submitted
on
a
City
standard
form
found
at
https://poway.org/DocumentCenterNiew/10254/Preconstruction-Meeting-Request­Fillable?bidld= along
with
three
copies
of
the
approved
grading
plans
. The
Applicant's
action
plan
that
identifies
measures
to
be
implemented
during
construction
to
address
erosion,
sediment
and
pollution
control
will
be
discussed.

Compliance
for
sediment
control
shall
be
provided
as
directed
by
the
project
inspector.
12 . Prior
to
start
of
any
work
within
a
City-held
easement
or
Right-of-Way
(ROW),
a
ROW
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.

13. Construction
staking
is
to
be
inspected
by
the
Engineering
Inspector
prior
to
any
clearing,
grubbing
or
grading.

At
a
minimum,
all
protected
areas
as
shown
on
the
approved
grading
plans
are
to
be
staked
under
the
direction
of
a
licensed
land
surveyor
or
licensed
civil
engineer
and
delineated
with
lathe
and
ribbon.

As
applicable,
provide
two
copies
of
a written
certification,
signed
and
sealed
in
accordance
with
the
Business
and
Professions
Code,
by
the
engineer
of
record
stating
that
all
protected
areas
have
been
staked
in
accordance
with
the
approved
plans.
(Public
Works
Department,
Drainage
Division)

1. All
stormwater
related
assets
will
be
private
and
the
responsibility
of
property
owners
for
maintenance
and
repairs.
(Planning
Division)
15 of
33 1.

The
Applicant
shall
submit
landscape
and
irrigation
plans
after
the
grading
plan
is
approved
but
prior
to
building
permit
issuance.

Landscape
plans
must
conform
to
the
standards
provided
in
the
PMC

17.41 Landscape
and
Irrigation
Efficiency,
PMC

12.32 Urban
Forestry,
and
the
Poway
Landscape
and
Irrigation
Design
Manual,
and
other
regulations
as
required.
a.

The
landscape
and
irrigation
plan
submittal
is
a
separate
submittal
from
other
project
plan
check
submittals
and
is
made
directly
to
the
Planning
Division
. Contact
the
Planning
Division
for
copies
of
applicable
City
standards,
the
landscape
and
irrigation
plan
submittal
checklist
and
the
plan
review
fee
worksheet.

Landscape
and
irrigation
plan
review
fees
are
required
and
are
the
responsibility
of
the
Applicant.

2. The
grading
and
improvement
plans
shall
show
any
existing
trees
on
the
project
site.

The
Tree
Removal
Permit
will
be
required
to
be
updated
and
concurrent
with
the
Landscape
Plans.

Tree
removal
of
both
public
and
private
trees
, as
needed
shall
conform
to
PMC
Chapter

12.32 (Urban
Forestry).

3. A
Tree
Removal
Permit
shall
be
obtained
prior
to
the
removal
of
all
existing
trees
. If
the
trees
are
proposed
to
be
removed
during
the
recognized
nesting
season
for
birds
(February
15 and
August
15),
a
nesting
bird
survey
shall
be
conducted
by
a
qualified
1376 of 2175
July 1, 2025, Item #3
16 of
33 Resolution
No
. 25-
Page
11 biologist
and
report
the
findings
in
writing
to
the
City.

Between
February
15 and
August
15,
removal
of
trees
containing
nests
shall
be
delayed
until
such
time
as
the
nest(s)
have
been
abandoned
unless
the
removal
can
be
completed
in
accordance
with
California
State
codes
and
the
Federal
Migratory
Bird
Treaty
Act
of 1918.

4. Biological
Notes
-These
notes
shall
be
included
in
the notes
pages
on
the
Grading
Plan
:
a. To
avoid
potential
impacts
to
the
California
Gnatcatcher
and
Coastal
Sage
Scrub
(CSS),
in
accordance
with
Condition
H
of
the
HCP
Incidental
Take
Permit,
a
take
of
active
California
Gnatcatcher
nests,
raptor,
and
other
migratory
bird
nests,
which
includes
harassment
of
the
bird
due
to
grading
noise
and
vibrations
from
February
15 through
July
1,
(Migratory
Bird
Treaty
Act
specifies
the
migratory
season
to
be
March
1 -
August
31)
is
not
permitted.

Because
proposed
development
will
be
within
500
feet
of
CSS
habitat
, the
habitat
of
the
California
Gnatcatcher,
grading
activities
during
this
time
frame
will
only
be
permitted
subject
to
the
following
conditions
having
been
met
to
the
satisfaction
of
the
Director
of
Development
Services
.
b.

The
applicant
is
hereby
advised
that,
during
grading,
if active
nests
are
found
within
500
feet
of
the
grading,
the
grading
activity
shall
be
stopped
until
such
time
as
mitigation
measures,
to
the
satisfaction
of
the
City
and
the
California
Department
of
Fish
and
Wildlife
(CDFW,)
are
implemented
. There
is
no
guarantee
that
grading
will
be
allowed
to
resume
during
nesting
season.
c.

Before
issuance
of
a
Clearing/Grading
Permit,
if
grading
or
clearing
is
to
occur
between
February
15 and
July
1,
the
applicant
shall
provide
to
the
Planning
Division
a
letter
from
a
qualified
biologist
retained
by
the
applicant,
with
a
scope
of
work
for
a
CSS
habitat
and
Gnatcatcher
Protocol
Survey,
including
a
report
for
the
area
to
be
cleared
and/or
graded
and
CSS
hab
itat
areas
within
500
feet
of
such
area.

The
biologist
shall
contact
the
CDFWto
determine
the
appropriate
survey
methodology
.

The
purpose
of
the
survey
is
to
determine
if
any
active
gnatcatcher
nests
are
located
in
the
area
to
be
cleared
or
graded,
or
in
CSS
habitat
within
500
feet
of
such
area.

To
be
considered
qualified,
the
biologist
must
provide
the
City
with
a
copy
of
a
valid
Gnatcatcher
Recovery
Permit
from
the
CDFW.
d.

The
scope
of
work
shall
explain
the
survey
methodology
for
the
biological
survey
and
the
proposed
gnatcatcher
nest
monitoring
activities
during
the
clearing/grading
operation.

Should
the
report
show,
to
the
satisfaction
of
the
Director
of
Development
Services,
that
gnatcatcher
nests
are
not
present
within
the
area
to
be
graded/cleared,
or
within
CSS
habitat
located
within
500
feet
of
said
area,
approval
may
be
granted
to
commence
clearing/grading
within
the
gnatcatcher
nesting
season
from
February
15 through
July

1. e. If
gnatcatchers
are
nesting
within
the
area
to
be
graded/cleared,
or
within
CSS
habitat
located
within
500
feet
of
said
area,
no
grading
will
be
allowed
during
this
time
.
f.

The
biologist
must
attend
the
City's
pre
-construction
meeting
for
the
project
and
must
be
present
onsite
during
all
clearing/grading
activities
to
monitor
that
the
clearing/grading
activities
stay
within
the
designated
limits.

During
this
period,
the
1377 of 2175
July 1, 2025, Item #3
17 of 33
Resolution No. 25-

Page 12 ends

biologist shall also monitor and survey the habitat on a daily basis, within the area to be cleared/graded and any habitat within 500 feet of said area for any evidence that a gnatcatcher, raptor, or migratory nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s).
g. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the daily observations of the biologist, including whether any gnatcatchers or evidence of active gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area.

5. Cultural Resources: These notes shall be included in the notes pages on the Grading Plans:
a. Prior to issuance of a grading permit, the applicant shall provide written verification that a qualified archaeologist and a Tribal Monitor from San Pasqual or other selected Monitor, has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist and the Tribes to the City.
b. The qualified archaeologist shall attend the pre-construction meeting with the contractors and City staff to explain and coordinate the requirements of the monitoring program.
c. The consulting archaeologist shall direct the field monitor during grading of all areas identified for development.
d. Native American monitoring will be required during grading, unless the certified archaeologist determines that the potential for cultural resources has been exhausted. The Native American monitors will be directed by the project archaeologist.
e. During the original cutting of previously undisturbed deposits, the archaeological monitor and Native American representative shall be on site, as determined by the consulting archaeologist, to perform inspections of the excavations. Full-or part­ time inspections may be needed depending upon the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. f. Isolates and clearly non-significant deposits will be minimally documented in the field so the monitored grading can proceed.
g. In the event that previously unidentified cultural resources are discovered, the archaeologist shall have the authority to divert or temporarily halt ground­ disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The archaeologist shall contact the City at the time of discovery. The archaeologist, in consultation with the City, shall determine the significance of the discovered resources. The City must concur with 1378 of 2175
July 1, 2025, Item #3
Resolution No. 25-

Page 13 ends

the evaluation before construction activities will be allowed to resume in the affected area. For significant cultural resources that are discovered and will be destroyed by grading, a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the consulting archaeologist and approved by the City before being carried out using professional archaeological methods. If any human remains are discovered, all grading at that location must stop and the county coroner and City shall be contacted. In the event that the remains are determined to be of Native American origin, the Most Likely Descendant, as identified by the NAHC, shall be contacted in order to determine proper treatment and disposition of the remains. h. Before construction activities are allowed to resume in the location of any discovered significant cultural deposits, the artifacts shall be recovered, and features recorded using professional archaeological methods. The archaeological monitor(s) shall determine the amount of material to be recovered for an adequate artifact sample for analysis.
i. All cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards.

The collections and associated records shall be transferred, including title, to an appropriate curation facility, to be accompanied by payment of the fees necessary for permanent curation.
j. A report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the satisfaction of the lead agency prior to the issuance of any building permits. The report will include DPR Primary and Archaeological Site Forms.

Q. Prior to the issuance of a Building Permit, the applicant shall submit construction plans consistent with the approved TPM plans on file in the Development Services Planning Division. Compliance with the following conditions is required prior to issuance of any Building Permit:
(Engineering Division)
18 of 33

1. The Final Parcel Map shall be approved.

2. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City.

3. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life.

4. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit electronically the following:
1379 of 2175
July 1, 2025, Item #3
Resolution No. 25-

Page 14 ends

a. Certification of line and grade for the lot, prepared by the engineer of work. b. Soil compaction report for the lot, prepared by the project's geotechnical engineer. c. The certification and report are subject to review and approval by the City.

5. The Applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at the time of permit issuance. (Building Division)

1. The development shall comply with the current edition of the California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Fire Code, California Energy Code, and California Green Code at the time of submittal to the Building Division. All developments shall comply with state structural calculations and seismic safety requirements. (Planning Division)

1. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570.

2. An Affordable Housing In-Lieu Fee shall be paid to the Planning Division for the residence (and ADU, if applicable) at the rate established at the time of Building Permit Issuance.
(Fire Department)
19 of 33

1. This parcel is located within the Very High Fire Hazard Severity Area of the City and is new construction; therefore, all new construction shall comply with the California Building Code Chapter 7 A and Poway Municipal Code 15.24.

2. All new structures shall be constructed of Ignition Resistant Class I construction as described in the California Building Code Chapter 7 A.

3. Roadway access, water supply system, and vegetation fuel modification of common roadway access areas shall be completed before a building permit is issued for any parcel within the phase.

4. An approved water supply capable of supplying the required fire flow of 1500GPM for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. A new water main and fire hydrant shall be located within 600-feet of the structure following an approved route. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the responsibility of the applicant.
1380 of 2175
July 1, 2025, Item #3
20 of 33
Resolution No. 25-

Page 15 ends

5. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.

6. All new residential structures shall be equipped with a residential fire sprinkler system with a one-inch water meter. A separate plan submittal and approval to the Poway Fire Department, Division of Fire Prevention, prepared by a licensed sprinkler contractor or fire protection engineer is required for the residential sprinkler system prior to installation. There is a separate fee for this plan check and inspection services. If a one-inch lateral off the street main is currently not present, one will have to be installed.

If a pressure pump is required for fire sprinkler operation, auxiliary power is required.

7. Fire apparatus access roads shall have an unobstructed, improved width of not less than 20 feet, except single-family residential driveways serving no more than two improved parcels containing dwelling units shall have a minimum of 16 feet of unobstructed improved width. In most cases, the City of Poway construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all-weather driving capabilities. A paved driving surface shall mean asphalt, concrete, or permeable paving system. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official.

8. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10 percent. The fire code official may require additional mitigation measures where he or she deems appropriate.

9. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 percent) or as approved by the fire code official.

10. All dead-end fire access roads/driveways in excess of 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. A cul-de-sac shall be provided in residential areas where the access roadway is serving more than two improved parcels containing dwelling units. The minimum, unobstructed paved radius width for a cul-de-sac shall be 38 feet in residential areas. The fire code official shall establish a policy identifying acceptable turnarounds for various project types.

11. Fire apparatus access roads (driveways) shall extend to within a 150-foot Hose Pull of all portions of the exterior walls of the first story of the structure as measured by an approved route around the exterior of the building.
1381 of 2175
July 1, 2025, Item #3
21 of 33
Resolution No. 25-

Page 16 ends

12. The approved fire apparatus access (driveway) for fire protection, either temporary or permanent shall be made available as soon as combustible material arrives on site.

13. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Number shall contrast with their background and shall meet City of Poway standards. The address is required at the private driveway entrance.

14. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated switches overriding all command functions and opening gates. Dual-keyed or dual switches shall be provided to facilitate access by law enforcement.

15. All new buildings and structures located within a wildland-urban interface fire area shall be setback a minimum of 30-feet from property lines and biological open space easements unless the Poway Municipal Code requires a greater minimum. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge.

16. Single-story structures shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof. A single-story structure shall be less than 12-feet above grade. A two-story structure shall be setback a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than 2 to 1.

Structural setbacks shall be shown on the site plan. Show scaled cross section profiles denoting the top of the slope, building/roof projections, and the setback distance at multiple locations on the plan submittal.

17. All new structures within this 3 lot sub-division shall each comply with Section Four of the City of Poway Landscape and Irrigation Design Manual and Poway Municipal Code

15.24 as it relates to fuel management and defensible space. One hundred feet of fuel management consisting of 40-feet of Zone A and 60-feet of Zone B, is required.

Mitigation is required where 100-feet of fuel management cannot be achieved within the parcel boundaries. Ten feet of vegetation fuel modification, meeting Zone B requirements, shall be maintained on both sides of the driveway and fire access roadway fronting the property when not already within a fuel modification zone. a. Mitigation is required where 100-feet offuel management cannot be achieved within parcel boundaries. Applicant shall contact the Fire Marshal at (858)668-4471 to review mitigation options.
b. The landscape plan requires a separate landscape and irrigation plans submittal prepared pursuant to the City of Poway Landscape and Irrigation Design Manual requirements. There is a separate fee for this plan check and inspection services.

The applicant shall submit and receive signed approval of landscape and irrigation 1382 of 2175
July 1, 2025, Item #3
Resolution No. 25-

Page 17 ends

plans prior to the issuance of the building permit. All fuel modifications shall be installed prior to the final inspection for issuance of a certificate of occupancy.

18. The determination of vegetation fuel management zones for individual parcels shall be performed during the MORA process for each parcel.

19. All flammable vegetation within the approved fuel modification zone shall be removed prior to the arrival of combustible material on the site and shall be maintained during the duration of the project until all elements of approved fuel modification zones are installed and approved.

20. All new residential structures shall be equipped with smoke alarms and shall be installed in all residential bedrooms and adjoining hallways. They shall be hard-wired, with a battery backup, and interconnected.

21. All new residential structures shall be equipped with carbon monoxide alarms and shall be installed in residential hallways adjoining bedrooms, and on each separate floor.

The carbon monoxide alarms shall be hard-wired, with a battery backup, and interconnected.

22. All new structures equipped with chimneys used in conjunction with any fireplace shall be equipped with an approved spark arrester.

23. All new structures where liquefied propane gas is used as a primary utility source, show the tank size, location of the tank on the parcel, orientation of the tank to building, and the method of securing the tank to the ground, on each MORA, landscape, and building plan sets.

R. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with the following:
(Engineering Division)
22 of 33

1. Existing overhead electrical and communication poles and lines must be undergrounded.

2. Public and private improvements shall be installed and completed.

3. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted.

4. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground.

5. The stormwater facilities shall be complete and operational prior to occupancy. 1383 of 2175
July 1, 2025, Item #3
Resolution No. 25-

Page 18 ends

6. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector.

7. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project.

8. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy.

9. After completion of all work, record drawings for both the grading and improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of all record drawings is required prior to issuance of occupancy and release of grading and improvement securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning)
23 of 33

1. A deed restriction (covenant) shall be recorded with the County Recorder, prior to Certificate of Occupancy issuance, agreeing to maintain the Fire Fuel Modification Zones per the approved Landscaping Plan will be required.

2. A deed restriction (covenant) shall be recorded with the County Recorder prior to Certificate of Occupancy issuance, stating that the rental term of any ADU or the main residence shall be longer than 30 days and that any non-habitable structures will not be converted to habitable structures.

3. The building plans shall include elevations and cross-sections that show all roof­ mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view of adjacent properties, Poway Road, and Espola Road, to the satisfaction of the Director of Development Services.

4. Exterior building materials and finishes shall be noted on the building plans, to the satisfaction of the Director of Development Services. All architectural details shall be shown on the building plan check submittal.

5. The landscape plans shall be approved and installed prior to final Certificate of Occupancy.

6. All landscape areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Trees shall be encouraged and allowed to retain a natural form. Pruning is restricted to maintaining the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping or lopping, is prohibited.

7. The site shall be cleared of all construction materials, supplies, and equipment. Final inspections, including Planning inspection, is required prior to any Certificate of Occupancy.
1384 of 2175
July 1, 2025, Item #3
Resolution No. 25-

Page 19 ends

SECTION 8: The current project approval of TPM 21-002 shall expire on February 4, 2027, at 5:00 p.m., unless a Building Permit has been issued, and construction or use of the property in reliance on this permit has commenced on the property; unless a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council prior to the expiration.

SECTION 9: The parties are hereby informed that the time within which judicial review of this extension must be sought is governed by Section 1094.6 of the Calfiornia Code of Civil Procedure.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of February, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
24 of 33
1385 of 2175
July 1, 2025, Item #3
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July 1, 2025, Item #3
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July 1, 2025, Item #3
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GRAPHIC SCALE
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TOTAL GROSS.ACREAGE NE.TACRE.AGE}{A)(I) ,1VF. SLOPE ROADGR.ADING(B) .W.U.AU.OWABtE PARCEL f f.ll AC UI AC If.is,," T8D .l.1;000 SO FT.

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(I) THE NET ACREACE ISTHE GROSS AREA l,,IIMJS ROA.DEASE.MENTSAHD45"5'0PES. (2} THEGRADEDARE.AOOESNOTINCI.I.IOETHEPRJVATEROA.DORITSASSOC~TEOGR.ADINO .

PROPOSE0GIWJING(Z J
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GENERAL NOTES LEGAL DESCRIPTION
I. TOTAL AAE,A, WlrH/N SVBDiVISJCW: .U . .1J ACRES GROSS

2. TOTALMJMBEROFPAACELS:JRES /OEKTIN.AND IOPEN
SPACE(PMCELA).
.1. EXISTING ZOMNG; AA-A. RR-C.
-I. POWAY COl,IMUNIY l'tANOESIGNArK)N; Rt.1AAL. SINGI..E FAMILY
PMCEl.20F PARCEI. ~ NO 15SJf. IN THE
CITYOFl'OWAY, COUNTY OF SAN DIEGO.

STATEOFCAJJFORNIA..ACCORD4NGT0JMP

THEREOF RECORDED IN THE OFFICE OF THE

COUNTYRECORDEROFSAHOIEGO COUNTY
ON.INIUA.RY2J . 151n.
$.. OIJITEO.

6. O\VEli.JNG UNITS PER ACRE: I (I.OT AYf'RAGEO

SIJBOMSION)
T. A.U.lOTSM7HINTHISSU8DMSION™YEAOEOUA.TE$llAA

ACCESS AS OU/NED

ASSESSOR'S PARCEL NUMBER
INS£CTION" . 116,AND
I I.ICUPEJI.OROINANCE NO. 5519 (NEW SERIES}.

I . PRNATE STREET WIDTHSAREASSHO'tm (SEETY"P1CAL
SECT10N).

8. EASEMENTS ASREOU/REO BYrHECrrYEHGINEER.

10. ALL PROPOSED llnUTIES TO SE ~RGROUNO.
ti. FINISJiGRADESSHOKNH EREDNAI.EAPPROXIMATECN.Y

AND SUBJECT TO
CHANGE DURING FINA.I.. DESIGN.

12. EJCJSTING CC)l,(TO(JRS ARE PER: UORENA. AERIAL PHOTO SU'nlEYSOATE OFl'HOTO:tl,.5.ZOOO.

IJ. PROPERl"Y WULBE/IIMIEJCEO INTO A STREET IJGHT1NG
DISTRICT.

U. PARK IN-UEU FEES ro BE P,ND.
/$.. cur ANO FIU. SU)PES AS SHOWN (7; t AWi'.. F1l.1. 1.5:1 MN<.C<ff}

16. PROPERTY TO BE SO/.D AS FLU Y OEVELOPOJ HOIJSES
ANO LOTS.

IT. SIJ8DMDER Pl.ANS TO CONSTRUCT/JilPR.01/E4'ENTS ANO
EROSJOHCONTROI.PER THECITYOFPOWAY ST~
II. ALL 5'0PES TO BE ROUN!J£D INTO EX/S nNG CONTOURS.
/g_ PU.NN£DSCHt'OIJl.E OFDE\'£1.0P/iilEWT OF THE FINN.. MAP ,snro~s .
1'0. EARTHWORK OUNnrTIES ; CUT•IT.000 CY. FU•IT,000 CY
321-200-48
CROSSLDTAREA. •.11.lJAC
BASE ZONE: RR-CANORR-A.

OWNER/DEVELOPER
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SA.HO/EGO. C-" 92Hl0
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IRREVOCABLE OFFER OF OED/CATION TO BE STATED ON MAP
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EXISTING EASEMENTS
(DPIPELM:' EASEMENT TO: U.SA REC. 1,.11./949. SK. .JJ.S9. PG. 324 D.R. (1)5'0t'EANO~EASEMEWT10 : COUNTYOFSANOIECO REC.
-·lffl . BK. 4SUJ, PG. 1-15 D.R.
(1JPIPELWEEASEMENTTO : U.SAREC. 11..g..1953. BK. $t>lt. PG. 2TJOR. {i]SLOPEANOCIR.AJNA.GEE.4SEMENT10 : COUIJtY OF~ DIEGOREC. l-1-1-11,0, FL E NO. TOl52 D.R.
[1]SLOPEANDORAJi<U,G£E.4SEMENTTa·COUNIY OFSANOIEGOREC.
12-5--19'9, F._E NO. ~D.R.
(l]':{;!~~~NTTO:-OIYOFPOWAYREC. 1-fJ..1~1. FILE NO.
[IJ'::J»U f:/-::R~TTO:OIY OFPOlt'AY REC. t().2J../gft_ F4.ENO. (l]P{JSLICSTREETEASEMEWTT0 . 0/YOFPOWAY REC.:1-2-tnJ,
FUN0 . 1~0.R.
rn:'::s::, _w:=_~MENTTO:CIYOFPOWAYREC. :1-2-ttm,
~ St.MMA,RY VACA. T10N OF THE OFFER OF RIGHT--OF_WA Y TO PROVIDE FOA FUTURE ALIGNMENTOF ~12.5. /N A PORT10NOFPARCEL2. PM 1'.5J,APNJ.2/-2()()..J6(VACOf/l-<Jf
ADVISORY NOTE:
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LEGEND

EX SUS BOUND.ARY
EJCJ$T.l"PVCW -1 TER
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EXIST STORM ORAM
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PVC-1-SEWERLA.TEIW. (WIPUMPJ @-- S -
PROPOSED PARCEi. LJNE
PROPOSEOCUTSLOPE 1.5: t

PROPOSED CONTOURS UJR

PROPOSED CONTOURS AINR
PROPOSED ()f{J.JNAGE OtRECTION
PROPOSED DRAJt,µ,G£ DITCH
PROPOSED CIJR8

PROPOSEDSTORMDRAJN

PROPOSEOHEADWALL

PARCEL NUMBER
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PUBLIC UTILITIES AND DISTRICTS
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GtS.ANDELEC. : SANOIEGOGtSAND
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ATAT
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= ST. LIGHTING:

CITYOFPO\VAY
arYOFPOWAY
POWAY UN/FED SCHOOf. DISTRICT

OTYOFPOWAYSTREET

L/GHTINGDISTRICT
NOTE
PIPESJZEANDM.tTERW.AMYCHANGEO(JRING
PER"'1T DESIGN AND APPROVAL PHASE.
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TPM21-002
EX/S1W(iTOPOGR/tPHYISBASEDONO1YBENCHIMRKA -1'0m.l'CHISIJASEDCJt,INGVDN.

THE TOPOGR,4PHY WA.SADJI.ISTED TONAVDM 0A1V)WBY THENJOIT10NOF:1 . lf&FEET TO rH£NGV019tMTUU . SOUTHERN HILLS POINTE
T0T~AAEA · 19.-19ACRES
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July 1, 2025, Item #3
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1393 of 2175
July 1, 2025, Item #3
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1394 of 2175
July 1, 2025, Item #3
M EMQRAN DLJ M City of Poway
DATE: February 4, 2025
TO: Members of the City Council
FROM:

SUBJECT:

Peter De Hoff, Councilmember
Censure of Council member Tony Blain
Summary:

At the City Council's January 21, 2025 City Council meeting, I made a motion to bring a resolution of censure of Councilmember Tony Blain at a future City Council meeting, which received majority concurrence as required per the Poway Municipal Code for Council initiated items. The basis of the proposed censure is (1) Councilmember Blain's vote trading and bribery attempts made to both me and at least one prospective Councilmember applicant, which appear to be felonies, (2) threats of adverse action such as recall, (3) misuse of law enforcement resources to retaliate against dissenting members of the public.

While all emails are not attached, and some cannot be due to attorney-client privilege, a representative sample of Council member Blain's emails evidencing this conduct, as well as complaints from the public, are attached hereto, and cited throughout the discussion below.

Discussion:

Section 2.04.1 00(D) of the PMC states that "[t]he City Council shall have the power to adopt a resolution of censure with respect to any member of the Council who violates this section 2.04.[100] or any other Section of the Poway Municipal Code." The remainder of Section 2.04.100 reads in full:
1 of 24
A. 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.

B. All members of the City Council shall perform their duties in accordance with the processes and rules of order established by the City Council and commissions, boards, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.

C. All members of the City Council shall respect and adhere to the Council-Manager structure of Poway city government. In this structure, the Council determines the policies of the City with the advice, information and analysis provided by the public, commissions, boards, and committees, and City staff . Individual members of the City Council therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. Individual members shall February 4, 2025, Item #9
1395 of 2175
July 1, 2025, Item #3
not make requests of City staff, or provide any City staff members with direction, orders or instructions. Councilmembers shall not attend internal staff meetings or meetings between City staff and third parties unless invited by City staff or directed by Council to do so.

Following is a broad outline of Councilmember Blain's behaviors and actions which justify censure.

Impropriety and Illegal Conduct

1. Vote Trading
First, Councilmember Blain attempted to engage in illegal vote trading, offering to vote for my appointment as Deputy Mayor in exchange for me voting to support a special election rather than an appointment, a felony pursuant to Penal Code section 86 (Attachment A). There have been articles on this subject from three news outlets (Axios, the Union Tribune and Fox5 San Diego) all of which sought the input of different independent legal experts, all of whom opinioned this conduct is criminal.

2. Threats of Recall/Adverse Action Against me and Prospective Council Applicants for Not Voting as Councilmember Blain Desired
Councilmember Blain threatened adverse action against myself and now Councilmember Pikus unless I voted as he desired (Attachment A). When I did not vote as he desired, he publicly stated he would follow through with those threats in a local news interview. This also appears illegal under Penal Code section 165 and others (https://www .axios.com/ local/san-diego/2025/0 1 /18/poway -council-vacancy­ special-election-blain -vause-dehoff-state -law).

3. Attempting to Use Law Enforcement to Silence Critics/Members of the Public On two occasions, Councilmember Blain directed the City Manager to file reports with the Sheriffs Department when individuals sent emails critical of his behavior to his city account. Councilmember Blain asked the City Manager to send law enforcement to these individuals' homes (Attachment B).

Resident names have been redacted from the attached emails referenced in this section.

Councilmember Blain also directly told these individuals to stop contacting him or he would call the Sheriff (Attachment B). Both of these individuals contacted the City extremely worried about adverse law enforcement action (Attachment B).

When one of these individuals demanded Councilmember Blain's resignation via email after his attempted vote trading came to light, Councilmember Blain filed a report with the Sheriffs Department (Attachment B). The Sheriffs Department concluded no crime occurred. It appears clear that this individual was simply voicing his dissent to Council member Blain's actions in his position as an elected official, which is something any member of the community is entitled to do.

Recommended Action:

There is ample evidence to support censure based on Councilmember Blain's numerous violations of Section 2.04.1 00(D), the City of Poway Code of Ethics (Attachment C) and apparent violations of State law. I ask for Council members' concurrence to adopt the attached resolution of censure (Attachment D).
2 of 24 February 4, 2025, Item #9
1396 of 2175
July 1, 2025, Item #3
Attachments:

A Emails from Council member Blain to Council member De Hoff and City Council Applicant Pikus RE City Council Vacancy and Deputy Mayor
B. Emails from Councilmember Blain to City Manager Hazeltine Requesting Law Enforcement Assistance and Emails from Residents
C. City of Poway Code of Ethics
D. Resolution
Reviewed/Approved By
J
Wen:is~
Assistant City Manager
3 of24
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
February 4, 2025, Item #9
1397 of 2175
July 1, 2025, Item #3
From:

To:

Subject:

Date:

Peter,
Tony Blain
Peter De Hoff
Recall
Sunday, December 22, 2024 3:32:20 AM
I'm trying to mend fences a little. I might be inclined to drop my Recall effort on you if you vote to support a D1 Special Election on Jan. 21 (to be held Nov. 2025) instead of a 2- year appointment.

I will hold off filing my Notice to Recall on you until I see how you vote on the Special Election.

Tony Blain
Councilmember
City of Poway
858-248-1509
4of24 ATTACHMENT A February 4, 2025, Item #9
1398 of 2175
July 1, 2025, Item #3
From:

To:

Subject:

Date:

Tony Blain
Peter De Hoff
Re: Recall
Sunday, December 22, 2024 3:58:44 AM
I might be persuaded to vote Yes on you for Deputy Mayor also if you vote Yes on Special Election, since that would show you are willing to work with new Councilmembers.

Tony Blain
Council member
City of Poway
858-248-1509
From: Tony Blain
Sent: Sunday, December 22, 2024 3:32 AM
To: Peter De Hoff <[email protected]>
Subject: Recall
Peter,
I'm trying to mend fences a little. I might be inclined to drop my Recall effort on you if you vote to support a D1 Special Election on Jan. 21 (to be held Nov. 2025) instead of a 2- year appointment.

I will hold off filing my Notice to Recall on you until I see how you vote on the Special Election.

Tony Blain
Council member
City of Poway
858-248-1509
5 of24 February 4, 2025, Item #9
1399 of 2175
July 1, 2025, Item #3
6 of 24
A TonY. Blain
W To: Chris Pikus >
D1 Appointment
Yesterday
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
RECALL you and for a D1 Special Election
ballot initiative for NOV 2025.

Tony Blain
Councilmember
City of Poway
858-248-1509
February 4, 2025, Item #9
1400 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

CC:

Subject:

Tony Blain
Councilmember
City of Poway
858-248-1509
Tony Blain
Sund�y. December 29, 2024 l :56 PM PST
Chris Hazeltine
Jenny Maeda; Fenstermacher, Alan
Re: Next do or
From: Tony Blain <[email protected]>
Sent: Sunday, December 29, 2024 1:54:51 PM
To: Chris Hazeltine <CHazeltine @poway.org>
Cc: Jenny Maeda <[email protected]>; Fenstermacher, Alan <[email protected]> Subject: Fw: Nextdoor
Chris,
Please file police report on-. I feel threatened and harassed. He has done this entire 2 years I have been runnin g for office. I would like police officer to go to his house and s peak to him if you feel it is a ppropriate.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:23:22 PM
To: Tony Blain <[email protected]>
Subject: Re: r-Jextdoor
L TER AL C1 I \ 11
Blain
Before i for get this is a cit y website paid for b y the taxpayers. I am a tax payer. This will be m y only form of correspondence as it's linked to the cit y. So I guess if you want to file the police report go ahead I'm not sure for what. l 've done nothin g wrong. I am just asking that you stop your awful behavior as a Cit y representative on Nextdoor. This is a pretty simple request from a taxpayer.

On Dec 29, 2024, at l3: 14 > wrote:

You are now a public servant I am not harassing you whatsoever. I am forwarding this -e mayor and city council as I take this as a threat
7of 24 ATTACHMENT 8 February 4, 2025, Item #9
1401 of 2175
July 1, 2025, Item #3
On Dec 29, 2024, at 13:11, Tony Blain <[email protected]> wrote:
-I am formally asking you to stop harassing me via my Poway e-mail. I will file a police report next time you do it.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:00:31 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor
You don't often get email from . Learn why this is important EXTER1 AL EMA IL
Blain
You're a bully you have been doing it on next door for years. Now you are a public servant. So I am formally asking you to knock it off !
8 of 24
On Dec 29, 2024, at 12:49, Tony Blain <[email protected]> wrote:

Not bullying - factual
Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 12:11:54 PM
To: Tony Blain <[email protected]>
Subject: Nextdoor
[You don't often get email from
https://aka.ms/LearnAboutSenderldentification ]

EXTERNAL EMAIL
Blain
. Learn why this is important at
Just wanted you to know that I had 2 of your posts on next door taken down due to bullying! I February 4, 2025, Item #9
1402 of 2175
July 1, 2025, Item #3
9 of24
saw the messages to Allison P. And they were totally out of line. You are now a servant of the City. Your bullying tactics will not be tolerated anymore. You are now on record as to everything you do that has to do with my city !
Worry about your district and the promises you made to them. -
February 4, 2025, Item #9
1403 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

CC:

Subject:

Stop now.

Tony Blain
Sunday, December 29, 2024 1:57 PM PST
Chris Hazeltine
Re: Nextdoor
I just filed police report.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 12:11:54 PM
To: Tony Blain <[email protected]>
Subject: Nextdoor
[You don't often get email from
https :/ /aka. ms/LearnA boutSend

EXTERNAL EMAIL
Blain
Learn why this is important at
Just wanted you to know that I had 2 of your posts on next door taken down due to bullying! I saw the messages to Allison P. And they were totally out of line. You are now a servant of the City. Your bullying tactics will not be tolerated anymore. You are now on record as to everything you do that has to do with my city!
Worry about your district and the promises you made to them. 10 of 24 February 4, 2025, Item #9
1404 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

Subject:

Sunday, December 29, 2024 1:51 PM PST
Chris Hazeltine
Fwd: Nextdoor / Tony Blain
I You don't often get email from Learn why this is important

EXTERNAL EMA IL
Good morni~n,
My name is- and have been a resident of Poway for over 30 years. Ive never had a problem with city government until now. This is in reference to Tony Blain and his constant bullying on next door. He is now a public servant and I have contacted him on the city email.

I've forwarded his response as to him filing a police report. I take this as a threat that if I contact a city representative this is what happens?? This is not right and extremely unprofessional. Do you see any harassment from my email ?
Begin forwarded message:

From:

Date: December 29, 2024 at 13:14:09 PST
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor
You are now a public servant I am not harassing you whatsoever. I am forwarding this -e mayor and city council as I take this as a threat
On Dec 29, 2024, at 13:11, Tony Blain <[email protected]> wrote:
-I am formally asking you to stop harassing me via my Poway e-mail. I will file a police report next time you do it.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:00:31 PM
11 of 24 February 4, 2025, Item #9
1405 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

CC:

Subject:

Tony Blain
Monday, January 6, 2025 6:50 PM PST
Chris Hazeltine
Jenny Maeda
Re: Nextdoor
OMG- has abused me verbally and social media for many years.

Very simple solution ... tell him to leave me alone and I will do the same.

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Monday, January 6, 2025 11:03 AM
To: Tony Blain <[email protected]>
Cc: Jenny Maeda <[email protected]>
Subject: RE: Nextdoor
Hello-
Jenny is copied on this reply since she was included in your original email on this topic (Sun 12/29/2024 1 :55 PM), asking me to ... "Please file police report on-. I feel threatened and harassed. He has done this entire 2 years I have been running fo~ I would like police officer to go to his house and speak to him if you feel it is appropriate." Consistent with Alan's previous explanation about the iliiie alities of such actions, I am not able to do as you requested. Further, and in full disclosure, called me last week to express his great concern about the potential for the po ice to contact him. I told him in no uncertain terms, no police report was filed based on the Nextdoor exchange (I confirmed that fact with the Poway Sheriff Captain). He was relieved to hear that news but expressed significant concern about how he feels he's being treated.

I am providing this update because I think it's pertinent information for you.

Thanks
-Chris
From: Tony Blain <TBlain@poway .org>
Sent: Sunday, December 29, 2024 1:58 PM
To:

Cc: Chris Hazeltine <[email protected]>
Subject: Re: Nextdoor
Stop now.

I just filed police report.
12 of 24 February 4, 2025, Item #9
1406 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

Subject:

Tony Blaln
Friday, January 3, 202S 4:56 PM PST
Fenstermacher, Alan; Chris Hazeltine
Re: Unable to Access Your Mayoral Campaign Soc/al Media • I am formally asking you to stop harassing me via electronic communications per Penal Code 653m. If you communicate with me in any way again, I will file a police report.

Tony Blain
Council member
City of Poway
858-248-1509
From: Tony Blain <[email protected]>
Sent: Friday, January 3, 2025 4:56 PM
To: Fenstermacher, Alan <[email protected]>; Chris Hazeltine <[email protected]> Subject: Fw: Unable to Access Your Mayoral Campaign Social Media Please assist me filing restraining order against this person. I feel unsafe.

Please also assist me filing a police report as I have asked this person to stop harassing me via electronic communications per Penal Code 653m.

Tony Blain
Council member
City of Poway
858-248-1509
From:

Sent: Friday, January 3, 2025 4:49 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Unable to Access Your Mayoral Campaign Social Media Some people who receiv ed this message do n't often get email from . :ITR:; Al. E, I :UL
Councihnernber Blain
. Learn why this is important
I have been unable to access yam Facebook page Tony Blain Poway Mayor 2026 and there is indication that I am being blocked. You apparently have another related Facebook page which I'm also unable to access. As a District 2 resident , I would like yotu· assurance that I am not bein g blocked on a social media site where you are discussing yam intentions couceming yam cunent issues before the council and issues due to come before the council in the near foture.

I look forward to heariug from you soon.
-
13 of 24 February 4, 2025, Item #9
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From:

To:

Subject:

Date:

From:

Alan Fenstermacher
Fenstermacher, Alan
FW: Demand for Your Resignation
Wednesday, January 15, 2025 6:45:19 PM
Sent: nes ay, anuary , :46 PM (UTC-08:00) Pacific Time (US & Canada) To: Tony Blain <[email protected]>
Cc: Steve Vaus <[email protected]>; Peter De Hoff <[email protected]>; Jenny Maeda <[email protected]>; Chris Hazeltine <[email protected]>; Alan Fenstermacher <[email protected]>
Subject: Demand for Your Resignation
Some peop le who received this message don't often get email from imoorta nt
EX.TIR.: AL Ei\ L.\IL
Councilmember Blain,
. Learn why this is
I have just finished reading item #4 on the agenda for next week's City Council Meeting. I am outraged at the private email conespondeuce ben:veen yourself and Councilmember DeHoff and one of the applicants for appointment to the DI vacancy . Your offer to squash a recall effort against Councilmember DeHoff , your threat to file a recall petition against this applicant , as well as your offer to support Cmmcilmember DeHoffs nomination for Deputy Mayor in exchange for their vote to support a special election is nothing short of a bribe and attempt to coerce and the ve1y definition of com1ption.

You have spent the better part of the last t\;vo years accusing the Mayor , fonner and cunent members of the City Co1mcil of com1ption and backroom dealings. You have never provided a shred of evidence to support these allegations . Now , in your first opportunity to make a meaningful contribution to the governance of our city, you have attempted to influence the vote of a sitting council member and the fuh1re vote of a potential appointee through an open threat of retribution should they not comply with your wishes .

Such behavior is unacceptable and intolerable on the pa1t of an elected official. It is likely criminal in nature. As such, I am demanding you recuse yourself from voting on item #4 at the 21 Janumy City Council meeting and immediately resign from the Poway City Council. You are tmfit and undeserving to represent the people in District 2 and should you foolishly decide to continue your effort to become Mayor I will make it my goal to ensure eve1y voter in our City is aware that you have attempted to influence those that represent their interests through threats and coercion.

In closing I have not forgotten that you continue to block me on social media where you continue discuss city business. That is, according to recent court decisions , a violation of my First Amenchnent rights. I would like to remind you that just a few weeks ago, you raised your right hand and took an oath of office. That oath began with the words "I swear or affom that I will support and defend the Constih1tion of the United States." You and I have both taken that oath a number of times in our lives. It meant something to me. Based on your recent actions, I 14 of24 February 4, 2025, Item #9
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have to question what it now means to you.

I look forward to a response
-For Mr. Hazeltine , I request this email be made part of the public record and be placed in the final agenda package as pmt of the public response to item #4 . 15 of24 February 4, 2025, Item #9
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From:

To:

Cc:

Subject:

Date:

Tony Blain
Chris Hazeltine
Fenstermacher, Alan: Jenny Maeda
Deputy Marler (Incident# E9710666, phone 858-513-2800)
Friday, January 17, 2025 2:42:07 PM
Poway City Manager and City Attorney,
I just called Poway Sheriff and Deputy Marler (Incident# E9710666, phone 858-513- 2800) visited my house . I showed him threatening e-mails and social media posts from - over the last 2 years, told him about someone placing dead rats on residents' lawns who placed my campaign signs out front during the election, and told him about unknown person committing felony by placing anonymous letters in all mailboxes of residents' who placed my campaign signs out front of their house during campaign. I also told him about- having angry temper tantrum and cussing me out when I unknowingly knocked on his door during campaign (I had never met ■ - before that).

Sheriff Incident number is E9710666.

I will be discussing possible restraining order against -with San Diego District Attorney next week .

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
llt tps ://pow ay.org/270/Serv i ce-Req uest
16 of 24 February 4, 2025, Item #9
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July 1, 2025, Item #3
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 . o rg/fo rmce nter / c ity-c le rk-33/pu bli c-records -req uest-fo rm-7 4 17 of 24 February 4, 2025, Item #9
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From:

Sent:

To:

CC:

Subject:

Tony Blain
Monday, January 6, 2025 11:18 AM PST
Chris Hazeltine
Jenny Maeda
Re: Nextdoor
will be 100% ignored by me next 10 years - they are mean spirited and have harassed me for many years and have no intention to have an actual constructive conversation to help Poway
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Monday, January 6, 2025 11:03:03 AM
To: Tony Blain <[email protected]>
Cc: Jenny Maeda <[email protected]>
Subject: RE: Nextdoor
Hello-
Jenny is copied on this reply since she was included in your original email on this topic (Sun 12/29/2024 1 :55 PM), asking me to ... "Please file police report on-. I feel threatened and harassed. He has done this entire 2 years I have been running for'o'ffice. I would like police officer to go to his house and speak to him if you feel it is appropriate." Consistent with Alan's previous explanation about the il-e alities of such actions, I am not able to do as you requested. Further, and in full disclosure, called me last week to express his great concern about the potential for the po rce to contact him. I told him in no uncertain terms, no police report was filed based on the Nextdoor exchange (I confirmed that fact with the Poway Sheriff Captain). He was relieved to hear that news but expressed significant concern about how he feels he's being treated.

I am providing this update because I think it's pertinent information for you.

Thanks
-Chris
From: Tony Blain <[email protected]>
Sent: Sunday, December 29, 2024 1:58 PM
To:

Cc: Chris Hazeltine <[email protected]>
Subject: Re: Nextdoor
Stop now.
18 of 24 February 4, 2025, Item #9
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site where you are discussing your intentions concerning your current issues before the council and issues due to come before the council in the near future.

I look forward to hearing from you soon.
-
19 of 24 February 4, 2025, Item #9
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Preamble
Resolution No. 056

Page 3 ends

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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37 37

37 39
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1 From: Steve Vaus <[email protected]>
Date: April 13, 2025 at 10:08:16 PM CDT
To: Chris Hazeltine <[email protected]
rg>, "Fenstermacher, Alan"
<[email protected]>
Cc: Wendy Kaserman <[email protected]>
Subject: Fw: HR
In case you weren't among the 250+ recipients
From: Tony Blain <[email protected]>
Sent: Sunday, April 13, 2025 7:49 PM
To: Lety & Victor <[email protected]>; alan mil <[email protected]> Cc: CA Senator (32) R Kelly Seyarto <[email protected]>; CA Senator (40) R Brian Jones <[email protected]>; CA Rep (74) R Laurie Davis <[email protected]>; CA Rep (75) R Carl DeMaio <[email protected]>; CA Rep (Fed 3rd) R Kevin Kiley California <[email protected]>; CA Rep (Federal 48) R Darrell Issa <[email protected]>; SD County Supervisor District 2 Joel Anderson <[email protected]>; SD County Supervisor District 2 Joel Anderson <[email protected]>; SD County Supervisor District 3 Terra Lawson Remer <[email protected]>; SD County Supervisor District 4 Monica Montgomery <[email protected]>; SD County Supervisor District 5 Jim Desmond <[email protected]>; SD County Agenda Clerk Email Agenda Item Date Name <[email protected]>; SD County Agenda Clerk Email Agenda Item Date Name <[email protected]>; SD County Court Clerk Andrew Potter <[email protected]>; SD County DA Public Affairs Officer Tanya Sierra <[email protected]>; SD County DA Summer Stephen District Attorney <[email protected]>; News ABC 10 San Diego <[email protected]>; News ABC 7 Los Angeles <[email protected]>; News ABC 7 San Francisco <[email protected]>; News Alpine Sun Editor <[email protected]>; News American Spectator <[email protected]>; News American Thinker Editor <[email protected]>; News American Thinker Editor Andrea Widburg <[email protected]>; News American Thinker Monica Showalter 1420 of 2175
July 1, 2025, Item #3
2 <[email protected]>; News Ballotpedia Editor <[email protected]>; News Big League Politics <[email protected]>; News Borrego Springs Sun <[email protected]>; NEWS CalMatters <[email protected]>; News CBS 8 KFMB San Diego Richard Allyn <[email protected]>; News CBS KBAK 29 Fox 58 Bakersfield Now Bakersfield <[email protected]>; News CBS KCAL 9 Los Angeles <[email protected]>; News CBS KPIX 5 San Francisco <[email protected]>; News Cheyenne WY Tribune Eagle <[email protected]>; News Chula Vista Live Data <[email protected]>; News CNN <[email protected]>; News Coast News Group <[email protected]>; News Coronado Eagle Journal <[email protected]>; News Coronado Times <[email protected]>; News Crescent City Times-Standard <[email protected]>; News Daily Caller <[email protected]>; News Daily Mail <[email protected]>; News Daily News Los Angeles <[email protected]>; News Denver CO Post Editorial <[email protected]>; News East County Californian El Cajon <[email protected]>; News East County Magazine Pine Valley Ramona, Julian, Santa Ysabel, Warner Springs, Aguangua <[email protected]>; News Encinitas Avocate <[email protected]>; News Epoch Times News Letter <[email protected]>; News Epoch Times NTD Evening News <[email protected]>; News Epoch Times NTD Today News <[email protected]>; News Epoch Times TV <[email protected]>; News Escondido Times-Advocate <[email protected]>; News FAIRtax <[email protected]>; News Fox 11 Los Angeles <[email protected]>; News Fox 11 Los Angeles <[email protected]>; News Fox 2 KTVU Oakland <[email protected]>; News Fox 5 69 San Diego <[email protected]>; News Fox 5 San Diego Receptionist <kswb- [email protected]>; News Fresno Bee <[email protected]>; News Howard Jarvis <[email protected]>; News Idaho Statesman, Chadd Cripe, Editor <[email protected]>; News James O'Keefe <[email protected]>; News James O'Keefe <[email protected]>; News James Okeefe Media Group <[email protected]>; News JBS <[email protected]>; News Judicial Watch <[email protected]>; News KOGO Carl DeMaio (Chairman Reform California KOGO DeMaio Report) <[email protected]>; News KOGO Lou Penrose <[email protected]>; News KOGO Mike Slater <[email protected]>; News KOGO Steve Geofferies (Mike Slater Manager) <[email protected]>; News KPBS San Diego <[email protected]>; News KPBS San Diego <[email protected]>; News Kron News 4 San Francisco <[email protected]>; News KTLA 5 Los Angeles <[email protected]>; News KUSI 51 San Diego <[email protected]>; News KUSI Allie Wagner <[email protected]>; News KUSI Allison Edmonds <[email protected]>; News KUSI Brandon Stone <[email protected]>; News KUSI Dan Plante <[email protected]>; News KUSI Diane Tuazon <[email protected]>; News KUSI Ed Lenderman <[email protected]>; News KUSI Jason Austell <[email protected]>; News KUSI Kacey McKinnon <[email protected]>; News KUSI Lauren Phinney <[email protected]>; News KUSI Logan Byrnes <[email protected]>; News KUSI Mark Mathis <[email protected]>; News KUSI Paul Rudy <[email protected]>; News KUSI Teresa Sardina <[email protected]>; News La Jolla Light <[email protected]>; News La Prensa San Diego <[email protected]>; News LA Times Los Angeles <[email protected]>; News Larry Elder <[email protected]>; News Las Vegas Fox5 <[email protected]>; News Las Vegas KLAS Channel 8 <[email protected]>; News Libs of TikTok <[email protected]>; News Libs of TikTok <[email protected]>; News Marin Independent Journal Managing Editor <[email protected]>; News Marina Times San Francisco <[email protected]>; News Monterey Herald Managing Editor <[email protected]>; News NBC Telemundo CW KGET Bakersfield <[email protected]>; News New York Post <[email protected]>; News New York Sun <[email protected]>; News New York Times <[email protected]>; News NPR <[email protected]>; News NPR <[email protected]>; News NPR <[email protected]>; News OANN Addison Smith In Focus <[email protected]>; News OANN Chanel Rion Weekly Briefing <[email protected]>; News OANN Dan Ball Real America <[email protected]>; News OANN Kara McKinney Tipping Point <[email protected]>; News OANN Pearson Sharp <[email protected]>; News OANN Stephanie Myers <[email protected]>; News Orange County Register Los Angeles 1421 of 2175
July 1, 2025, Item #3
3 <[email protected]>; News PBS <[email protected]>; News PBS <[email protected]>; News PBS <[email protected]>; News PBS <[email protected]>; News Portland Oregonian Editorial <[email protected]>; News Project Veritas <[email protected]>; News Ranch Santa Fe Review <[email protected]>; News Sacramento Bee Sacramento <[email protected]>; News San Diego News Desk <[email protected]>; News San Diego Reader <[email protected]>; News San Diego Union Tribune <[email protected]>; News San Diego Union Tribune Community Op Ed <[email protected]>; News San Diego Union Tribune Senior Editor <[email protected]>; News San Jose Mercury Sarah Dussault <[email protected]>; News Save Our Heritage Organisation <sohosandiego- [email protected]>; News Seattle Times Jim Brunner, politics <[email protected]>; News SF Chronical San Francisco <[email protected]>; News Star News Chula Vista <[email protected]>; News The Blaze Cortney Weil Senior Editor <[email protected]>; News The Blaze Dave Urbanski Senior Editor <[email protected]>; News The Federalist <[email protected]>; News The New American <[email protected]>; News Times San Diego <[email protected]>; News Village News Fallbrook Bonsall DeLuz Rainbow Camp Pendleton Pala Pauma <[email protected]>; News Voice Of San Diego <[email protected]>; News Voice Of San Diego Lisa Halverstadt <[email protected]>; News Voice Of San Diego Will Huntsberry <[email protected]>; News Washington Examiner Liam Quinn Deputy Managing Editor <[email protected]>; News Washington Examiner Max Thornberry Breaking News Editor <[email protected]>; News Washington Examiner W James Antle III Politics Editor <[email protected]>; News Washington Post <[email protected]>; News Washington Times Cathy Gainor Managing Editor <[email protected]>; News Washington Times Charles Hurt Opinion Editor <[email protected]>; Mayor Carlsbad Keith Blackburn <[email protected]>; Mayor Chula Vista John McCann <[email protected]>; Mayor Coronado John Duncan <[email protected]>; Mayor Del Mar Terry Gaasterland <[email protected]>; Mayor El Cajon Bill Wells <[email protected]>; Mayor Encinitas Bruce Ehlers <[email protected]>; Mayor Escondido Dane White <[email protected]>; Mayor Imperial Beach Paloma Aguirre <[email protected]>; Mayor Lemon Grove Alysson Snow <[email protected]>; Mayor National City Ron Morrison <[email protected]>; Mayor Ocean Side Esther Sanchez <[email protected]>; Steve Vaus <[email protected]>; Mayor Rancho Pales Verdes John Cruikshank <[email protected]>; Mayor San Diego Todd Gloria <[email protected]>; Mayor San Marcos Rebbeca Jones <rjones@san- marcos.net>; Mayor Santee John Minto <[email protected]>; Mayor Vista John Franklin <[email protected]>; Chula Vista City Clerk - Kerry Bigelow/ Tyshar <[email protected]>; Chula Vista Council 1 Carolina Chavez <[email protected]>; Chula Vista Council 2 Jose Preciado <[email protected]>; Chula Vista Council 3 Michael Inzunza <[email protected]>; Chula Vista Council 4 Cesar Fernandez <[email protected]>; SANDAG CEO Mario Orso <[email protected]>; SANDAG Francesca Clerk Of The Board <[email protected]>; CA Rep (Federal 52) D Juan Vargas <[email protected]>; CA Rep (75) Marie Waldron <[email protected]>; CA Rep (76) Brian Maienschein <[email protected]>; CA Rep (77) D Tasha Boerner-Horvath <[email protected]>; CA Rep (78) D Christopher Ward <[email protected]>; CA Rep (79) Akilah Weber <[email protected]>; CA Rep (80) D David Alvarez <[email protected]>; CA Rep (29) D Robert Rivas <[email protected]>; [email protected] <[email protected]>; CA Senator (18) D Steve Padilla <[email protected]>; CA Senator (38) D Catherine Blakespear <[email protected]>; [email protected] <[email protected]>; 1422 of 2175
July 1, 2025, Item #3
4 [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Mayor Del Mar Tracy Martinez <[email protected]>; Del Mar Council Dan Quirk <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Consuelo Martinez <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Imperial Beach City Council Carol Seabury <[email protected]>; Councilmember Jack Fisher <[email protected]>; [email protected] <[email protected]>; matthew.leyba- [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Luz Molina <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Marcus <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Peter De Hoff <[email protected]>; Chris Pikus <[email protected]>; Jenny Maeda <[email protected]>; SANDAG First Chair Joe Cava <[email protected]>; Jennifer <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Vice Chair and SD Dist 9 <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <dleblang@san- marcos.net>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Laura <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Katie Melendez <[email protected]>; [email protected] <[email protected]> Subject: HR

My response to upcoming Poway HR law firm
findings:

This was solely politically motivated attack by HR law firm hired by Mayor Vaus, City Manager Chris Hazeltine, and City Attorney Alan Fenstermacher (who 1423 of 2175
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5 personally donated to Mayor’s campaign along with two other attorneys from his law firm) whose Deputy Mayor Frank and endorsed District 2 candidate Jared Wilson both lost in last November’s election and whose unappointed unelected District 2 Councilmember Anita Edmondson was replaced by my election. Vaus and DeHoff accept money from battery plants and developers and contractors like McNamara and EDCO owner and management then mysteriously vote yes on their developments and city contracts. Mayor, DeHoff, Hazeltine, and Fenstermacher are all unethical and corrupt and need to be replaced by honest nonpolitically motivated leaders and public servants.

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: Lety & Victor <[email protected]>
Sent: Tuesday, April 8, 2025 1:37:27 PM
To: alan mil <[email protected]>
Cc: CA Senator (32) R Kelly Seyarto <[email protected]>; CA Senator (40) R Brian Jones <[email protected]>; CA Rep (74) R Laurie Davis <[email protected]>; CA Rep (75) R Carl DeMaio <[email protected]>; CA Rep (Fed 3rd) R Kevin Kiley California <[email protected]>; CA Rep (Federal 48) R Darrell Issa <[email protected]>; SD County Supervisor District 2 Joel Anderson <[email protected]>; SD County Supervisor District 2 Joel Anderson <[email protected]>; SD County Supervisor District 3 Terra Lawson Remer <[email protected]>; SD County Supervisor District 4 Monica Montgomery <[email protected]>; SD County Supervisor District 5 Jim Desmond <[email protected]>; SD County Agenda Clerk Email Agenda Item Date Name <[email protected]>; SD County Agenda Clerk Email Agenda Item Date Name <[email protected]>; SD County Court Clerk Andrew Potter <[email protected]>; SD County DA Public Affairs Officer Tanya Sierra <[email protected]>; SD County DA Summer Stephen District Attorney <[email protected]>; News ABC 10 San Diego <[email protected]>; News ABC 7 Los Angeles <[email protected]>; News ABC 7 San Francisco <[email protected]>; News Alpine Sun Editor <[email protected]>; News American Spectator <[email protected]>; News American Thinker Editor <[email protected]>; News American Thinker Editor Andrea Widburg <[email protected]>; News American Thinker Monica Showalter <[email protected]>; News Ballotpedia Editor <[email protected]>; News Big League Politics <[email protected]>; News Borrego Springs Sun <[email protected]>; NEWS CalMatters <[email protected]>; News CBS 8 KFMB San Diego Richard Allyn <[email protected]>; News CBS KBAK 29 Fox 58 Bakersfield Now Bakersfield <[email protected]>; News CBS KCAL 9 Los Angeles <[email protected]>; News CBS KPIX 5 San Francisco <[email protected]>; News Cheyenne WY Tribune Eagle <[email protected]>; News Chula Vista Live Data <[email protected]>; News CNN <[email protected]>; News Coast News Group <[email protected]>; News Coronado Eagle Journal <[email protected]>; News Coronado Times <[email protected]>; News Crescent City Times-Standard <[email protected]>; News Daily Caller <[email protected]>; News Daily Mail <[email protected]>; News Daily News Los Angeles <[email protected]>; News Denver CO Post Editorial <[email protected]>; News East County Californian El Cajon <[email protected]>; News East County Magazine Pine Valley Ramona, Julian, Santa Ysabel, Warner Springs, Aguangua <[email protected]>; News 1424 of 2175
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6 Encinitas Avocate <[email protected]>; News Epoch Times News Letter <[email protected]>; News Epoch Times NTD Evening News <[email protected]>; News Epoch Times NTD Today News <[email protected]>; News Epoch Times TV <[email protected]>; News Escondido Times-Advocate <[email protected]>; News FAIRtax <[email protected]>; News Fox 11 Los Angeles <[email protected]>; News Fox 11 Los Angeles <[email protected]>; News Fox 2 KTVU Oakland <[email protected]>; News Fox 5 69 San Diego <[email protected]>; News Fox 5 San Diego Receptionist <kswb- [email protected]>; News Fresno Bee <[email protected]>; News Howard Jarvis <[email protected]>; News Idaho Statesman, Chadd Cripe, Editor <[email protected]>; News James O'Keefe <[email protected]>; News James O'Keefe <[email protected]>; News James Okeefe Media Group <[email protected]>; News JBS <[email protected]>; News Judicial Watch <[email protected]>; News KOGO Carl DeMaio (Chairman Reform California KOGO DeMaio Report) <[email protected]>; News KOGO Lou Penrose <[email protected]>; News KOGO Mike Slater <[email protected]>; News KOGO Steve Geofferies (Mike Slater Manager) <[email protected]>; News KPBS San Diego <[email protected]>; News KPBS San Diego <[email protected]>; News Kron News 4 San Francisco <[email protected]>; News KTLA 5 Los Angeles <[email protected]>; News KUSI 51 San Diego <[email protected]>; News KUSI Allie Wagner <[email protected]>; News KUSI Allison Edmonds <[email protected]>; News KUSI Brandon Stone <[email protected]>; News KUSI Dan Plante <[email protected]>; News KUSI Diane Tuazon <[email protected]>; News KUSI Ed Lenderman <[email protected]>; News KUSI Jason Austell <[email protected]>; News KUSI Kacey McKinnon <[email protected]>; News KUSI Lauren Phinney <[email protected]>; News KUSI Logan Byrnes <[email protected]>; News KUSI Mark Mathis <[email protected]>; News KUSI Paul Rudy <[email protected]>; News KUSI Teresa Sardina <[email protected]>; News La Jolla Light <[email protected]>; News La Prensa San Diego <[email protected]>; News LA Times Los Angeles <[email protected]>; News Larry Elder <[email protected]>; News Las Vegas Fox5 <[email protected]>; News Las Vegas KLAS Channel 8 <[email protected]>; News Libs of TikTok <[email protected]>; News Libs of TikTok <[email protected]>; News Marin Independent Journal Managing Editor <[email protected]>; News Marina Times San Francisco <[email protected]>; News Monterey Herald Managing Editor <[email protected]>; News NBC Telemundo CW KGET Bakersfield <[email protected]>; News New York Post <[email protected]>; News New York Sun <[email protected]>; News New York Times <[email protected]>; News NPR <[email protected]>; News NPR <[email protected]>; News NPR <[email protected]>; News OANN Addison Smith In Focus <[email protected]>; News OANN Chanel Rion Weekly Briefing <[email protected]>; News OANN Dan Ball Real America <[email protected]>; News OANN Kara McKinney Tipping Point <[email protected]>; News OANN Pearson Sharp <[email protected]>; News OANN Stephanie Myers <[email protected]>; News Orange County Register Los Angeles <[email protected]>; News PBS <[email protected]>; News PBS <[email protected]>; News PBS <[email protected]>; News PBS <[email protected]>; News Portland Oregonian Editorial <[email protected]>; News Project Veritas <[email protected]>; News Ranch Santa Fe Review <[email protected]>; News Sacramento Bee Sacramento <[email protected]>; News San Diego News Desk <[email protected]>; News San Diego Reader <[email protected]>; News San Diego Union Tribune <[email protected]>; News San Diego Union Tribune Community Op Ed <[email protected]>; News San Diego Union Tribune Senior Editor <[email protected]>; News San Jose Mercury Sarah Dussault <[email protected]>; News Save Our Heritage Organisation <sohosandiego- [email protected]>; News Seattle Times Jim Brunner, politics <[email protected]>; News SF Chronical San Francisco <[email protected]>; News Star News Chula Vista <[email protected]>; News The Blaze Cortney Weil Senior Editor <[email protected]>; News The Blaze Dave Urbanski Senior Editor <[email protected]>; News The Federalist <[email protected]>; News The New American 1425 of 2175
July 1, 2025, Item #3
7 <[email protected]>; News Times San Diego <[email protected]>; News Village News Fallbrook Bonsall DeLuz Rainbow Camp Pendleton Pala Pauma <[email protected]>; News Voice Of San Diego <[email protected]>; News Voice Of San Diego Lisa Halverstadt <[email protected]>; News Voice Of San Diego Will Huntsberry <[email protected]>; News Washington Examiner Liam Quinn Deputy Managing Editor <[email protected]>; News Washington Examiner Max Thornberry Breaking News Editor <[email protected]>; News Washington Examiner W James Antle III Politics Editor <[email protected]>; News Washington Post <[email protected]>; News Washington Times Cathy Gainor Managing Editor <[email protected]>; News Washington Times Charles Hurt Opinion Editor <[email protected]>; Mayor Carlsbad Keith Blackburn <[email protected]>; Mayor Chula Vista John McCann <[email protected]>; Mayor Coronado John Duncan <[email protected]>; Mayor Del Mar Terry Gaasterland <[email protected]>; Mayor El Cajon Bill Wells <[email protected]>; Mayor Encinitas Bruce Ehlers <[email protected]>; Mayor Escondido Dane White <[email protected]>; Mayor Imperial Beach Paloma Aguirre <[email protected]>; Mayor Lemon Grove Alysson Snow <[email protected]>; Mayor National City Ron Morrison <[email protected]>; Mayor Ocean Side Esther Sanchez <[email protected]>; Steve Vaus <[email protected]>; Mayor Rancho Pales Verdes John Cruikshank <[email protected]>; Mayor San Diego Todd Gloria <[email protected]>; Mayor San Marcos Rebbeca Jones <rjones@san- marcos.net>; Mayor Santee John Minto <[email protected]>; Mayor Vista John Franklin <[email protected]>; Chula Vista City Clerk - Kerry Bigelow/ Tyshar <[email protected]>; Chula Vista Council 1 Carolina Chavez <[email protected]>; Chula Vista Council 2 Jose Preciado <[email protected]>; Chula Vista Council 3 Michael Inzunza <[email protected]>; Chula Vista Council 4 Cesar Fernandez <[email protected]>; SANDAG CEO Mario Orso <[email protected]>; SANDAG Francesca Clerk Of The Board <[email protected]>; CA Rep (Federal 52) D Juan Vargas <[email protected]>; CA Rep (75) Marie Waldron <[email protected]>; CA Rep (76) Brian Maienschein <[email protected]>; CA Rep (77) D Tasha Boerner-Horvath <[email protected]>; CA Rep (78) D Christopher Ward <[email protected]>; CA Rep (79) Akilah Weber <[email protected]>; CA Rep (80) D David Alvarez <[email protected]>; CA Rep (29) D Robert Rivas <[email protected]>; [email protected] <[email protected]>; CA Senator (18) D Steve Padilla <[email protected]>; CA Senator (38) D Catherine Blakespear <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Mayor Del Mar Tracy Martinez <[email protected]>; Del Mar Council Dan Quirk <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Consuelo Martinez <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Imperial Beach City Council Carol Seabury <[email protected]>; Councilmember Jack Fisher <[email protected]>; 1426 of 2175
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8 [email protected] <[email protected]>; matthew.leyba- [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Luz Molina <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Marcus <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Peter De Hoff <[email protected]>; Chris Pikus <[email protected]>; Tony Blain <[email protected]>; Jenny Maeda <[email protected]>; SANDAG First Chair Joe Cava <[email protected]>; Jennifer <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Vice Chair and SD Dist 9 <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <dleblang@san- marcos.net>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Laura <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Katie Melendez <[email protected]>; [email protected] <[email protected]> Subject: Re: COUNTY SURVEY ON TAX WASTE - $138.5 million deficit crisis ignores drug abuse homeless tents

EXTERNAL EMAIL
늵늶 늷놬 늸 늹 늺늳늴 The #SanDiego County DEFICIT for the next year caught my attention!!! How is that possible!!!

On Sun, Apr 6, 2025, 6:15 AM alan mil <[email protected]> wrote:

COPY TO
NEWS
MAYORS

CITY COUNCILS

SAN DIEGO COUNTY SUPERVISORS
BCC TO TAX PAYERS MAJORITY VOTED YES 36 ENFORCE THE LAW

Good Morning,
Some people who received this message don't often get email from [email protected]. Learn why this is important

1427 of 2175
July 1, 2025, Item #3
9 Please see forwarded Email and take the County Supervisor Survey. I included my responses below.

COUNTY SUPERVISOR SURVEY $138.5 MILLION DEFICIT TAX WASTE https://public-
district2.sandiegocounty.gov/forms/form/?ID=82&utm_campaign=281-562

@SANDAG CLERK - Please place entire email with links and pictures into Public Record Comment the next scheduled Sandag Board Directors Meeting FRIDAY NON AGENDA PUBLIC COMMENT.
https://www.sandag.org/calendar
San Diego Association of Governments NEW LOCATION
1011 Union Street, Suite 400, San Diego 92101
I-5 EXIT B STREET PARKING GARAGE ON FRONT STREET

ATTEND SANDAG MEETINGS IN PERSON FREE VALIDATE PARKING

@CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON AGENDA PUBLIC COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda

@COUNTY SUPERVISOR CLERK - Please place entire email with links and pictures into Public Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html

FUND ONLY BASIC FUNCTION OF GOVERNMENT - PROTECT LIFE AND

PROPERTY - ONLY HOMELESS FUNDING SHOULD BE ENFORCEMENT

REMOVAL ENCAMPMENTS AND PROVIDE IMMEDIATE STARTUP JOB TO

BREAK HOMELESS CYCLE - THE JOB COMBINED WITH OPEN BAY SHELTER

SAME AS MILITARY BARRAKS AND NOT AN UNAFFORDABLE TO TAX PAYERS

HOUSING - NOT A DIME TO ANY NON PROFIT THAT PAYS SALARY TO CEOS

Do you support or oppose budget cuts to any of the following newly created County Departments below?

Office of Immigrant and Refugee Affairs - Support Cuts
Office of Evaluation and Performance Analytics - Support Cuts Office of Environmental & Climate Justice - Support Cuts Office of Labor Standards & Enforcement - Support Cuts
Office of Sustainability and Environmental Justice - Support Cuts San Diego County Arts and Culture Commission - Oppose Cuts Office of Economic Development & Government Affairs - Support Cuts

Do you support or oppose budget cuts to any of the following County Workforce Services?

Employee Raises/ Equity Raises/ Employee Retention - Support Cuts Board of Supervisors: Personnel Staff - Support Cuts
1428 of 2175
July 1, 2025, Item #3
10 Department of Human Resources: Diversity Equity & Inclusion Program - Support Cuts Department of Human Resources: Employee Assistance Program - Support Cuts Consulting Contracts for “Opening More Doors to Workers Who Are Neurodivergent” - Support Cuts

Do you support or oppose budget cuts to any of the following Fire Safety Services?

Firefighter Staffing Levels - Oppose Cuts
Construction of Ramona Fire Station - Oppose Cuts
Construction of Descanso Fire Station - Oppose Cuts
Volunteer Reserve Fire Fighter Program - Oppose Cuts
County Fire Defensible Space Inspections - Oppose Cuts

Do you support or oppose budget cuts to any of the following Public Safety Services?

District Attorney's Office - Oppose Cuts
Retired Senior Volunteer Patrol - Oppose Cuts
Animal Services Patrols - Oppose Cuts
Probation Department: Restorative Justice Programs - Support Cuts Public Safety Staff: Recruitment and Retention Efforts - Oppose Cuts Sheriff Staffing Levels - Oppose Cuts

Do you support or oppose budget cuts to any of the following Health Services? Rural Post-Hospital Discharge Program - Support Cuts
Live Well Mobile Office - Support Cuts

Do you support or oppose budget cuts to any of the following Unincorporated Services? Road Resurfacing and Maintenance - Oppose Cuts
Code Compliance Enforcement - Support Cuts
Guaranteed Housing Permit Review Times - Support Cuts
Homeless Encampment Clean Up Efforts - Oppose Cuts
Farmers Markets - Support Cuts
Building Permit Fee Waivers for Disaster Survivors - Oppose Cuts Fee Waiver for Non-Profit Community Events - Support Cuts

Do you support or oppose budget cuts to any of the following County Parks and Recreation programs below?
SD Nights Programming for Youth - Support Cuts
Parks Programming and Special Events - Oppose Cuts
El Capitan Lake Recreation - Oppose Cuts

Do you support or oppose budget cuts to any of the following Social Services programs below?
Veteran Services - Oppose Cuts
Shelter Beds for Domestic Violence Survivors - Oppose Cuts Immigrant Legal Defense Fund - Support Cuts
Cannabis Social Equity Program - Support Cuts
Mobile Crisis Response Units - Support Cuts
1429 of 2175
July 1, 2025, Item #3
11 County Homeless Shelters (Includes Temporary Hotel Stays & Safe Parking Lots) - Support Cuts
Senior Homelessness Prevention (Shared Housing & Shallow Rent Subsidy Pilot Programs) - Support Cuts

--
Informative links below my signature BOOKMARK AND SHARE Ballotpedia to Research Facts every Candidate and Proposition :) Alan Curry

1430 of 2175
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12 1431 of 2175
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13 1432 of 2175
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14 1433 of 2175
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15 1434 of 2175
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16 1435 of 2175
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17 NO TO GOVERNMENT TAX HOUSING USE OPEN BAY MILITARY BERTHING 1436 of 2175
July 1, 2025, Item #3
18 1437 of 2175
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19 1438 of 2175
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20 SANDAG 2025 REGIONAL PLAN PAGE 4
125 TOLL BECOMES PERMANENT MANAGED TOLL

TRANSNET ALREADY FUNDED ROADS DOUBLE TAX

CONVERT FREEWAY LANES TO MANAGED TOLL LANES

CORONADO BRIDGE TOLL IS BACK / ALL FREEWAYS GET A TOLL
https://www.sandag.org/-/media/SANDAG/Documents/PDF/regional-plan/2025- regional-plan/2025-draft-proposed-regional-transportation-network-eng.pdf

To help protect your
pri va cy, M icr os of t Of f i ce prevented au tomatic download of t his pict ure from the Internet.

SAN DIEGO COUNTY VOTERS STOPPED SANDAG TAX
https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure- g-sandag-is-dishonest-dysfunctional/
To help protect your pri va cy, M icr os of t Of f i ce prevented au tomatic download of t his pict ure from the Internet.

VOTERS WERE PROMISED TWICE 1988 AND 2004 TRANSNET TAX EXPAND

FREEWAYS

SANDAG IGNORES FREEWAYS FIRE EGRESS
https://www.sandag.org/funding/transnet

To help prprivacy, Mprevented download fr o m th e In

EVERY CA CITY VOTED MAKE CRIME ILLEGAL AGAIN
https://web.archive.org/web/20241106045649/https://electionresults.sos.ca.gov/ret urns/maps/ballot-measures/prop/36

To help protect your pri va cy, M icr os of t Of f i ce prevented au tomatic download of t his pict ure from the Internet.

https://ballotpedia.org/Elections
To help protect your pri va cy, M icr os of t Of f i ce prevented au tomatic download of t his pict ure from the Internet.

To help protect your pri va cy, M icr os of t Of f i ce prevented au tomatic download of t his pict ure from the Internet.

https://vote.gov/
To help protect your pri va cy, M icr os of t Of f i ce prevented au tomatic download of t his pict ure from the Internet.

To help protect your pri va cy, M icr os of t Of f i ce prevented au tomatic download of t his pict ure from the Internet.

---------- Forwarded message ---------
From: Supervisor Joel Anderson
Date: Sat, Apr 5, 2025 at 8:40 AM
Subject: Action Needed: Share Your County Budget Priorities

To help prprivacy, Mprevented download fr o m th e InJo el A n d erHeader Ima

Action Needed: Share Your County Budget Priorities

1439 of 2175
July 1, 2025, Item #3
21 Dear Friends,

This spring, the San Diego County Board of Supervisors faces a pivotal decision: crafting and passing a budget that addresses a projected $138.5 million deficit crisis for Fiscal Year (FY) 2025-26. This deficit crisis stems from rising costs for existing programs and new funding requests.

In our unincorporated communities, where over 600,000 constituents live, the County is the backbone of daily life. It is responsible for law enforcement, public safety, road maintenance, building permits, animal shelters, parks, libraries, and more - services that some cities even contract the County to provide. These aren't optional extras; they're the essentials our communities depend on to thrive.

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1440 of 2175
July 1, 2025, Item #3
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Joel Anderson
Supervisor, District 2

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Supervisor Joel Anderson
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1441 of 2175
July 1, 2025, Item #3

40 1442 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Fenstermacher, Alan; Chris Hazeltine; City Clerk; Jenny Maeda Subject: Re: Public Comment
Date: Friday, December 27, 2024 12:46:01 PM
Attachments: image001.png
I have no other questions until week before Jan. 21 meeting thank you all for your help
Have a nice holiday!
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]>
Sent: Friday, December 27, 2024 12:37 PM
To: Tony Blain <[email protected]>; Chris Hazeltine <[email protected]>; City Clerk <[email protected]>; Jenny Maeda <[email protected]>
Subject: RE: Public Comment

EXTERNAL EMAIL
At the end of the meeting – sorry if that wasn’t clear.

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.

From: Tony Blain <[email protected]>
1443 of 2175
July 1, 2025, Item #3
Sent: Friday, December 27, 2024 12:25 PM
To: Fenstermacher, Alan <[email protected]>; Chris Hazeltine <[email protected]>; City Clerk <[email protected]>; Jenny Maeda <[email protected]> Subject: Re: Public Comment

My specific question for you is this: do I speak on Water Rates, Term Limits, Planning Commission, Traffic Safety Committee, Recalls, and anything else I think is important at the beginning of the meeting in Public Comment, or at the end of the meeting during Councilmember items/reports?

Tony Blain
Councilmember
City of Poway
858-248-1509

From: Fenstermacher, Alan <[email protected]>
Sent: Friday, December 27, 2024 12:16 PM
To: Tony Blain <[email protected]>; Chris Hazeltine <[email protected]>; City Clerk <[email protected]>; Jenny Maeda <[email protected]>
Subject: RE: Public Comment

EXTERNAL EMAIL
At the end – sorry if that wasn’t clear. I was explaining the general rules of the road in the abstract, not trying to “censure” you, and I don’t understand the proxy comment. You didn’t mention anything about these issue mentioned below.

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.

From: Tony Blain <[email protected]>
1444 of 2175
July 1, 2025, Item #3
Sent: Friday, December 27, 2024 12:13 PM
To: Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>; City Clerk <[email protected]>; Jenny Maeda <[email protected]> Subject: Fw: Public Comment

Mr. Hazeltine and Mr. Fenstermacher (and by proxy Mayor Vaus and Council),

I did not get elected to only have you and the Mayor essentially censure what I am saying at the Council meeting.

I will speak on Water Rates, Term Limits, Planning Commission, Traffic Safety Committee, Recalls, and anything else I think is important.

I will never speak on my run for Mayor 2026.

I will also NEVER speak on DeHoff or any other Recalls at any Council meeting.

I do NOT consider Water Rates, Term Limits, Planning Commission, Traffic Safety Committee, Development Review Board, changing Poway from General Law to Charter City, or any such items as campaigning and I will speak on those items DURING the Council meetings as I see fit.

That being said, the very first time that the Mayor or Council tries to censure me on speaking on Water Rates, Term Limits, Planning Commission, Traffic Safety Committee, Recalls, and anything else I think is important, I will hold a news conference at the very next City Council meeting stating that I am being censured and speak on the inappropriate nature of violation of 1
st Amendment rights. I hope I do not need to do this,
but you and the current Mayor will determine if this eventuality occurs.

My specific question for you is this: do I speak on Water Rates, Term Limits, Planning Commission, Traffic Safety Committee, Recalls, and anything else I think is important at the beginning of the meeting in Public Comment, or at the end of the meeting during Councilmember items/reports?

Tony Blain
Councilmember
City of Poway
858-248-1509

From: Fenstermacher, Alan <[email protected]>
Sent: Friday, December 27, 2024 12:00 PM
1445 of 2175
July 1, 2025, Item #3
To: Tony Blain <[email protected]>; Chris Hazeltine <[email protected]>; City Clerk <[email protected]>; Jenny Maeda <[email protected]>
Subject: RE: Public Comment

EXTERNAL EMAIL

1. Special election – during the agendized vacancy item I just emailed about previously.

2. Recall and term limits – while you have the ability to generally speak on/report on any City business during Councilmember items/reports at the tail end of the meeting, its generally not appropriate to engage in outright campaigning, whether it is for a position you a running for, or a pending recall or ballot measure (i.e., your term limit ballot measure). This goes back to the two hats you wear, as a Councilmember and an individual, and not using City resources for campaigning. This is even true during general public comment – outright campaigning typically not appropriate. These are general rules and sometimes tough to apply in practice where its often a hybrid issue, and typically there is a decent amount of leeway.

Regarding next week – as a professional courtesy, if you do not mind I would appreciate it if you could compile all questions into one email or document for when I return on January 3rd, rather than receiving many emails, as I may lose track while I am out. I can typically keep track fairly well while I am here but still not perfect when coming in on off hours. This will ensure I do not miss anything.

Thanks.

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.

From: Tony Blain <[email protected]>
Sent: Friday, December 27, 2024 11:42 AM
To: Fenstermacher, Alan <[email protected]>; Chris Hazeltine <[email protected]>; City Clerk <[email protected]>; Jenny Maeda <[email protected]> Subject: Public Comment

1446 of 2175
July 1, 2025, Item #3
When is appropriate time during Jan. 21 or any other Council meeting I may speak on Recall, Special Election, Term Limits, etc?

Tony Blain
Councilmember
City of Poway
858-248-1509

1447 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Cc: Jenny Maeda; Fenstermacher, Alan
Subject: Fw: Nextdoor
Date: Sunday, December 29, 2024 1:54:52 PM
Chris,
Please file police report on . I feel threatened and harassed. He has done this entire 2 years I have been running for office. I would like police officer to go to his house and speak to him if you feel it is appropriate.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:23:22 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor

EXTERNAL EMAIL
Blain
Before i forget this is a city website paid for by the taxpayers. I am a taxpayer. This will be my only form of correspondence as it’s linked to the city. So I guess if you want to file the police report go ahead
I’m not sure for what. I’ve done nothing wrong. I am just asking that you stop your awful behavior as a City representative on Nextdoor. This is a pretty simple request from a taxpayer.

On Dec 29, 2024, at 13:14, wrote:

You are now a public servant I am not harassing you whatsoever. I am forwarding this message to the mayor and city council as I take this as a threat

On Dec 29, 2024, at 13:11, Tony Blain <[email protected]> wrote:

I am formally asking you to stop harassing me via my Poway e- mail. I will file a police report next time you do it.
1448 of 2175
July 1, 2025, Item #3
Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:00:31 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor

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

EXTERNAL EMAIL
Blain
You’re a bully you have been doing it on next door for years. Now you are a public servant. So I am formally asking you to knock it off !

On Dec 29, 2024, at 12:49, Tony Blain
<[email protected]> wrote:

Not bullying - factual

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 12:11:54 PM
To: Tony Blain <[email protected]>
Subject: Nextdoor

[You don't often get email
Learn why this is important at
https://aka.ms/LearnAboutSenderIdentification
]

EXTERNAL EMAIL
Blain
Just wanted you to know that I had 2 of your posts on next door taken down due to bullying! I saw the messages to
And they were totally out of line. You are now a
servant of the City. Your bullying tactics will not be
tolerated anymore. You are now on record as to everything you do that has to do with my city !
1449 of 2175
July 1, 2025, Item #3
Worry about your district and the promises you made to
them.

Worry about your district and the promises you made to
them.

Worry about your district and the promises you made to
them.
1450 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Cc: Patty Fletcher; Jenny Maeda
Subject: Mail
Date: Friday, January 10, 2025 7:20:56 AM
Can we arrange for me to pick up any mail or packages? I have no intention of using my office until we have 3 votes in Council - sorry but I’m very distrustful of current Mayor and City Hall political milieu.

Tony Blain
Councilmember
City of Poway
858-248-1509
1451 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Patty Fletcher
Cc: Jenny Maeda; Chris Hazeltine
Subject: Re: Mail
Date: Friday, January 10, 2025 9:15:29 AM
Perfect!
We will have FIVE votes on Council soon then everything will get much more friendly and collegial
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Patty Fletcher <[email protected]>
Sent: Friday, January 10, 2025 9:13:39 AM
To: Tony Blain <[email protected]>
Cc: Jenny Maeda <[email protected]>; Chris Hazeltine <[email protected]> Subject: RE: Mail

Good Morning,

I’ll keep your email with your binder, and it can be picked up at the same time. Currently, there is nothing pressing in the few pieces of mail that we have received. In the future, if there is mail that is important or time sensitive, I’ll reach out and let you know.

As for the binders, once they are ready, I let councilmembers know and I’ll keep you posted next week accordingly.

Patty

From: Tony Blain <[email protected]>
Sent: Friday, January 10, 2025 7:21 AM
To: Chris Hazeltine <[email protected]>
Cc: Patty Fletcher <[email protected]>; Jenny Maeda <[email protected]> Subject: Mail

Can we arrange for me to pick up any mail or packages? I have no intention of using my office until we have 3 votes in Council - sorry but I’m very distrustful of current Mayor and City Hall political milieu.

Tony Blain
Councilmember
City of Poway
858-248-1509
1452 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
1453 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine; Patty Fletcher
Cc: Jenny Maeda
Subject: Re: 2025 Planning Commissioners Academy
Date: Monday, January 13, 2025 9:06:12 AM
Question: if Mayor Vaus asked you the exact same question about establishing a Planning Commission, what would your response to him be?
I'm sure you are aware that Mayor Vaus has no more voting or legal power on Poway City Council than me, Jenny, or any other individual City Councilmember.

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain <[email protected]>
Sent: Sunday, January 12, 2025 3:03 PM
To: Chris Hazeltine <[email protected]>; Patty Fletcher <[email protected]> Cc: Jenny Maeda <[email protected]>
Subject: Re: 2025 Planning Commissioners Academy

You will have 3 votes on Council AND ballot initiative NOV 2025 for Planning Commission Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Sunday, January 12, 2025 2:46:28 PM
To: Tony Blain <[email protected]>; Patty Fletcher <[email protected]> Cc: Jenny Maeda <[email protected]>
Subject: RE: 2025 Planning Commissioners Academy

I understand this probably won’t be a popular answer, but since the City of Poway does not have a planning commission it would not be an appropriate use of city resources. Of course, should there be city council policy direction for us to do something different, we will.

Thanks

From: Tony Blain <[email protected]>
1454 of 2175
July 1, 2025, Item #3
Sent: Wednesday, January 8, 2025 7:36 PM
To: Patty Fletcher <[email protected]>; Chris Hazeltine <[email protected]> Cc: Jenny Maeda <[email protected]>
Subject: 2025 Planning Commissioners Academy

Good evening,

I am requesting to attend the 2025 Planning Commissioners Academy

Tony Blain
Councilmember
City of Poway
858-248-1509

1455 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Cc: Fenstermacher, Alan; Jenny Maeda
Subject: Fw: confidential communication
Date: Saturday, January 18, 2025 11:41:33 AM
Attachments: memo to Tony Blain final version privileged.docx Hi, Chris,
I am receiving multiple complaints from Poway residents about you. Please see below and let me know how we can resolve this and help residents who pay your and my salary.

Please BC: this to entire City Council.

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.
1456 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 From: c
Sent: Tuesday, January 14, 2025 1:55 PM
To: Tony Blain <[email protected]>
Subject: confidential communication

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

EXTERNAL EMAIL
Hi Tony,
Here's the full story of what happened to us with the City. Please don't share this without contacting us first. This was a horror story for us, trying to live in Houston in a rented apartment while undergoing radiation and chemo following four surgeries and dealing with the City's repudiation of our settlement agreement and Manis's "fourteen condition" permit which was precipitated by Hazeltine's refusal to work with us.

I hope this helps you to understand our situation.

We have been put through hell with these people. The
City manager shouted at us and mocked us, when it was agreed in settlement that we should work together with him and then he appointed the very same people we had sued for fraud to administer the settlement.

Call me if you have questions.

Thanks,

1457 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Fenstermacher, Alan; Chris Hazeltine
Cc: Jenny Maeda
Subject: Pepin
Date: Monday, January 20, 2025 8:43:21 AM
We have evidence Pepin no longer lives in Poway.

Therefore he cannot vote on Tuesday
Please confirm this is correct
Please BC: entire council
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
1458 of 2175
July 1, 2025, Item #3
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 1459 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: City Clerk
Cc: Fenstermacher, Alan; Chris Hazeltine; Jenny Maeda
Subject: Censure at Feb. 5 meeting
Date: Thursday, January 23, 2025 5:25:10 PM
I am requesting this statement be read for me regarding Censure at Feb. 5 meeting:

I did things I am being Censured for BEFORE I got elected - I have not had one single negative City staff interaction AFTER I got elected except for telling City Manager and City Manager I think Poway would be better served without their continued employment - this does NOT rise to public politically motivated Censure of duly elected Councilmember 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
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).

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 they can all research and respond appropriately. All of their e-mails can be found on 1460 of 2175
July 1, 2025, Item #3
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 1461 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFenster
[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.
1462 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 1463 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: March 11, 2025 at 5:37:39 PM PDT
To: "Fenstermacher, Alan" <[email protected]>
Cc: Chris H
azeltine <[email protected]>, Wendy Kaserman
<[email protected]>
Subject: Re: Continued Correspondence
Please make all of my recent e mails public record and agenda items for transparency, as well as every single response
Get Outlook for iOS
From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 4:58:34 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]> Subject: Fwd: Continued Correspondence

EXTERNAL EMAIL
Council - FYI.

Alan Fenstermacher
949 500 8247
Begin forwarded message:

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 4:55:33 PM PDT
To: "Fenstermacher, Alan" <[email protected]>
Cc: Chris Hazeltine <[email protected]>, Wendy Kaserman 1464 of 2175
July 1, 2025, Item #3
2 <[email protected]>, "Patterson, Alisha" <[email protected]> Subject: Re: Continued Correspondence

Alan, you will be responsible for masterminding only city in entire nation who successfully kicked off an elected Councilmember for a military deployment.

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

1465 of 2175
July 1, 2025, Item #3
3 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

EXTERNAL EMAIL
Mayor and all Council – please see attached for the further communications relating to/in response to my earlier email. I am reaching the point where I may need to request that the City Attorney’s office be relieved entirely from responding to Councilmember Blain, unless at a public hearing. I cannot continue to subject any of my colleagues to this treatment. I note that CM Blain also continues to threaten my contract and Chris’ employment, amidst a pending harassment investigation, in addition to accusing me of dozens of different things that are objectively and easily proven false.

Furthermore, as you can see even through all of the nonsense, the response on his excused absence question (a completely different topic than remote participation, which started this entire conversation) has been provided, but the emails demanding a continued response continue. Over the past 4 months, an incredible amount of costs have been incurred responding to repeated questions that have already been asked and answered, and are apparently not read. Even more confusingly, I was asked for another response one minute after being told to cease all communications. I do not plan on responding further.

1466 of 2175
July 1, 2025, Item #3

41 1467 of 2175
July 1, 2025, Item #3
Tony Blain / Military Officer / Physician for Poway Mayor 2026 (LOWER WATER RATES!!!)
Running for Poway Mayor 2026 to LOWER WATER RATES and bring back HONESTY, INTEGRITY, and TRANSPARENCY to City Hall for all Poway residents
NO MORE BACKROOM POLITICS!!! VOTE NOV 2026!!!
About Campaign Flyer Campaign Letter Campaign platform/ promises Campaign videos DeHoff Campaign FPPC Form 460s Endorsements Mayor Steve Vaus FPPC Campaign Form 460s MAYOR VAUS/ CITY ATTORNEY More Endorsements Newspaper articles No on Prop H Virtual Press Conference Talking Points Poway Veterans Day Speech Poway Voter 5/20/24 E-mail SANDAG 2023 Crime Summary — Tony Blain / Military Officer/ Physician for Poway Mayor Tony Blain City Council 3 Minutes — October 4, 2022, and April 2, 2024 10 NY LOWER = —
BAN =
TERM LIMITS *« PROTECT & IMPROVE POWAY

for POWAY MAYOR

(FY! - I’m one Mayor term 2026-2030 and DONE —
cleaning up the swamp, rooting out all City Hall
corruption, then passing baton to new group of HONEST
Councilmembers)
SEVEN things that will happen if I’m elected Mayor 2026:

1. Term Limits (2 terms = 8 years for Mayor and
Councilmembers)

2. Planning Commission (2 residents from each district
= 8 members, City Manager and employees are only
advisory) - SLOW DOWN and regulate future Poway
development

3. Traffic Safety Committee (2 residents from each
district = 8 members, City Manager, Fire Chief, Sheriff 1468 of 2175
July 1, 2025, Item #3
Captain, and employees are only advisory) — slow
down traffic, protect our children, save lives

4. Change Poway from General Law to Charter Law
City (to prevent future politically motivated Council
appointments, gives Poway more control over our
city governance)

5. Fire Prevention Committee (2 residents from each
district = 8 members, City Manager and employees
are only advisory) (to proactively work with
homeowners, PNEC, and Fire Department to protect
against future loss of homes and lives)

6. Water Rate Committee (LOWER WATER RATES —
stop spending our water fees on City Manager,
Mayor, and Councilmember salaries)

7. Ad Hoc Redistricting Committee (redraw Poway
districts to reverse Mayor Vaus politically motivated
gerrymandering)
D2 recall attempt by DEVELOPER Mullin and DEVELOPER
Couvrette and UNELECTED APPOINTED former
Councilmember Edmondson will cost Poway taxpayers
$300-$500,000 in Mullin-recommended Special Election
AND will result in FIFTH politically and financially
motivated Vaus APPOINTMENT. Demand that Poway
ELECTS Councilmembers, NOT APPOINTMENTS.

DEMOCRACY!!! VOTE NOV 2026!!!

Unethical Mayor Vaus campaign practices — today 3/31/2025 e-mail:

Ms. Patterson, Poway City Attorney Alan Fenstermacher, and Rutan & Tucker,
Make sure you, Fenstermacher, and other two other Rutan & 1469 of 2175
July 1, 2025, Item #3
Tucker attorneys donate to Mayor Vaus’ campaign as your attorneys have done in the past
FYI- | will not accept Rutan & Tucker campaign donations for my 2026 Mayor campaign
Respectfully,
Councilmember Tony Blain
West Ridge Trail
— Directions: Espola, go north on Valle Verde to Old Winery Rd — West Ridge Trailhead is at intersection of Valle Verde & Old Winery Rd and goes south. — Distance: 2 miles —- What to See: Trail is scenic & hilly and goes to right (west) and curves down to Chaparral Elementary School.

Trail ...
| Poway Trails <
Come help us Sunday, April 13, 1:30 pm, Valle Verde Park (meet parking lot) / West Ridge Trail clean up? Bring kids & family, a smile, gloves & water, I’ll bring donuts. This is not an official City of Poway event. NO POLITICS, just
volunteering, camaraderie, and improve Poway. RSVP to
my cell 858-248-1509.

We will also talk briefly about fire prevention &
Neighborhood Watch on our hike.

Click on links below to my Powaytrails.org web site which also contains link to City of Poway trail web site
CORRUPTION at Poway City Hall: >> $680K Mayor profits
paying himself and his daughter Carols by Candlelight $$$ from same contributors as his campaign donators, Poway
City Manager & City Attorney allow TWO Councilmembers
to vote who no longer lived in Poway (Pepin and Grosch), our Poway water fees are deposited into General Fund to pay Mayor, Council, and staff salaries, Mayor & DeHoff and all 5 previous Councilmembers vote 5-0 in favor of 13%
water rate increase despite 300-400 petition resident
signatures NOT to, Mayor & DeHoff ignore majority Poway voter pleas to hold Special Elections instead of his political APPOINTMENTS, Mayor & DeHoff and all 5 previous
Councilmembers vote 5-0 for battery plant instead of
following majority of voters requests NOT to vote in favor of it, Mayor & DeHoff and all 5 previous Councilmembers vote 5-0 in favor of Lifetime Fitness despite most Poway voters NOT favoring Farm location, Mayor & DeHoff and all 5 previous Councilmembers vote 5-0 in favor of ALL Poway developments — Mavor & DeHoff are NOT DEMOCRATIC -
1470 of 2175
July 1, 2025, Item #3
they are ignoring residents / voters —- VOTE FOR NEW
MAYOR & COUNCILMEMBERS NOV 2026!!!
DEMOCRACY!!! NO MORE PAY TO PLAY!!! NO MORE
BACK ROOM POLITICS!!!
Poway $680K Mayor and Councilmember Voting Records (I

will update this regularly)
DeHoff Campaign FPPC Form 460s (21-48%
Developer/BRC/Vaus Council $$$)

Vaus Campaign FPPC Form 460s (DEVELOPER campaign
>> $680,000 contributions)

https://drblainpowaycitycouncil.wordpress.com/mayor-steve-

vaus-fppc-campaign-form-460s/
(Most importantly, >S680K Vaus (and everyone he
appoints or endorses for City Council, BRC, and PRAC)
owes FAVORS to every single developer, painting
company, construction company, etc. who donated to his
campaigns )
WHO DO YOU TRUST? S680K MAYOR VAUS &

COUNCILMEMBER DEHOFF WHO DESTROYED POWAY
RD & TAKE MILLIONS $$$ FROM BATTERY PLANTS &
DEVELOPERS??? AND APPOINT COUNCILMEMBERS
INSTEAD OF ALLOW SPECIAL ELECTION?
POLITICALLY BIASED POWAY CHIEFTAIN???? (they
stopped allowing Poway resident OPINION articles since
they are NOT objective and do NOT care about your
opinion — only Chieftain editor’s OPINION is important to them)
WHO DO YOU TRUST? $680K Vaus-appointees
DEVELOPER Mullin (contractor/developer), DEVELOPER
Couvrette (>>260 unit property manager/realtor) who both profit from S680K Vaus & DeHoff overdevelopment, or
Tony Blain who takes ZERO $SS developer campaign
contributions? Unelected APPOINTED Edmondson?
Poway Trails

1471 of 2175
July 1, 2025, Item #3

My 1st day as Mayor we are starting big capital campaign to raise $$$ for carousel in Old Poway Park — it will be financed 100% with donations — no city $$

Proud to stand with USS Carl Vinson (CVN 70) Chief Petty Officers Mess at Poway Veterans Day Ceremony 11/11/2024

1472 of 2175
July 1, 2025, Item #3

1. HOLD POLITICIANS ACCOUNTABLE/ Support
Poway TERM LIMITS / form Planning Commission
(municipal code now reads, “Mayor and Council are
Planning Commission”)

2. Make Poway more affordable for families / STOP
Taxes & Fee Hikes / LOWER water rates

3. IMPROVE quality of life for Poway families and
neighborhoods / Combat Crime & Homelessness
(SANDAG 2023 Crime Summary)

Poway Term Limits Initiative Notice of Intent to Circulate Petition was already submitted — we’ll have 4,000
signatures within 60 days of starting door to door
grassroots. We got 1,500 signatures in only 30 days 5
months ago before Army Reserve National Guard deployed
me to the Middle East
We are actively starting Neighborhood Watch program in
100% of Poway neighborhoods. Thank you Poway Sheriffs
for all your great work protecting us. Text me at 858-248- 1509 if you want me to stop by and help you set up
Neighborhood Watch program or help you get a new sign
put up in your neighborhood.

Sept. 17 Council 3 min video: Poway Incumbent and
Candidate Honor Code of Conduct
Sept. 17, 2024 Council Meeting: Code of Conduct AND
Mayor & Council voting 5-0 in FAVOR of Nighthawk

1473 of 2175
July 1, 2025, Item #3
Battery Plant despite 11 scared homeowners / families
who live 2,000 feet from battery plant with ONE road /
escape route in & out imploring/ begging them NOT to

approve it.
ei
Proud to be California Army Reserve National Guard First Responder for medical teams for California wild fires
(9/2024). View of fire line from my childhood friend’s cabin near Big Bear.

Honored to serve as First Responder physician Brigade
Surgeon with my Army Medics for California wildfires in Big Bear and Northern California

1474 of 2175
July 1, 2025, Item #3

Mayor and all Councilmembers should attend all community and veteran events to show support and actively volunteer.

Honored to volunteer at (9/9/24) Poway Veterans
Organization (PVO) Annual Bill McKibbin Memorial Golf
Tournament.

1475 of 2175
July 1, 2025, Item #3

Poway City Council does not have a veteran Mayor or
Councilmember. Elect a veteran for Mayor to stand up for everyone's rights and bring TRANSPARENCY, HONESTY,
AND INTEGRITY back to City Council. No more back room
deals or politics!
Returned from Middle East Army Reserve deployment and
know how to lead a team and accomplish results. | have
served our country in the military for 34 years — | will serve Poway honorably as your next Mayor 2026.

TERM LIMITS
NOW!!!

Honored to present wreath at Poway Memorial Day
ceremony & receive Certificate of Recognition from
Supervisor Joel Anderson

1476 of 2175
July 1, 2025, Item #3

ENDORSEMENTS

MORE ENDORSEMENTS
Campaign Videos

Meeting San Diego County District Attorney Summer
Stephan
Greeting Congressman Issa at 2023 Poway Veterans Day
Ceremony: 100% of elected officials in Poway & San
Diego are invited to 100% of Poway Veterans events and
ceremonies
Poway term limits article
School Safety & Gun Violence San Diego Union Tribune
article
Preserving Poway Trails San Diego Union Tribune article 2022 Poway Veterans Day

2022 COL Blain Poway Veterans Day Speech
Poway Neighborhood Watch Program
Oct. 26 Poway Chieftain Poway City Council Candidate
article

1477 of 2175
July 1, 2025, Item #3
Fentanyl is the deadliest drug threat the U.S. has ever seen, and kids are being targeted
Poway man pushes limits as ultramarathoner
Candidate for Poway Mayor 2026: Arthur “Tony” Blain,
Military Officer / Physician

Age: 59
Occupation: Family physician
Colonel, Brigade Surgeon, California Army Reserve
National Guard (former USN & USAF)
34 year military veteran, family physician, San Diego
County First Responder
Former high school & middle school teacher (taught math & science in Spanish, Track & Field & Cross Country Coach) Number of Years as a Poway Resident: 21 years
Names of Family Members: Wife, Melanie; Sons Nathan,
28; Gavin, 24; Russell, 19; William, 18

Mayor Goals:
— LOWER WATER RATES
-Establish Term Limits of 2 terms (8 years) for Poway Mayor and Councilmembers
— District-only special election instead of appointments for any Mayor or Councilmember vacancy if the remaining term is more than 12 months
— Establish Neighborhood Watch program in 100% of Poway neighborhoods by working with residents & Poway Sheriff

Crime Prevention Unit coordinator
1478 of 2175
July 1, 2025, Item #3
— Slow down rapid development, PROTECT OPEN SPACE,
prevent 3-4 story condos & apartment buildings down rest of Poway Rd, add infrastructure to support existing
development, reinstitute Poway Planning Committee &
Design Review Board consisting of 2 citizens/residents/voters from each of 4 Poway districts to advise Council on future development

Walking The Farm before | lobbied successfully for them to take down 20X30 foot advertisement sign. Kevin McNamara, lead Poway investor and developer of The Farm and Lifetime Fitness, stated he knew the Poway City ordinance rules for signage but he chose not to follow the laws and ordinances we all have to follow for signage.
— Improve traffic safety along Midland Rd, Poway Rd, and other Poway streets caused by recent increased
development; change existing City employee only Traffic Safety Committee to include 2 citizens/residents/voters from

each of Poway’s four districts
Family

1479 of 2175
July 1, 2025, Item #3

Quality of Life
About Me
Family Physician, 34 year military officer, UCSD Assistant

Professor, San Diego County First Responder, married to Melanie Cruz, raised 4 boys in Poway, long time Poway
youth coach & Boy Scout leader, involved in Poway
American Legion, VFW, FRA, very slow ultra runner,
triathlete, cyclist, & swimmer. Proud recipient of Air Force Commendation Medal, two Navy Commendation Medals,
Army Commendation Medal (pending), Korea Defense
Service Medal, and other awards.
— Poway Rotary Club
— Poway Community Foundation monthly
donor
— Poway Kiwanis Holiday with Heroes
donor
— San Diego Police Foundation
— Deputy Sheriffs Association Political
Action Coalition

—San Diego Police Officers Association
(SDPOA) Widows & Orphans Fund

—San Diego Deputy District Attorneys
Association— San Diegans Against Crime
PAC

—Poway Firefighters Foundation
supporter
— Poway Historical Society
1480 of 2175
July 1, 2025, Item #3

— Poway Chamber of Commerce
— Health & Wellness Committee
— Poway Neighborhood Emergency
Corps
— Poway Community Service
Commission
— Poway Neighborhood Watch Program
— High Valley Civic Association
— Former Green Valley Civic Association
— Friends of Poway Seniors
— Poway Elks
— Board of Directors, 1st Vice
Commander, Historian- Poway
American Legion Post 479
— Poway Veterans of Foreign Wars Post
7907

— Poway Veterans Park Committee
— Poway Fleet Reserve Association Club
70 — Poway Veterans Organization (PVO)
— The Community Food Connection
— Poway Volunteer Graffiti Removal
Team
— Poway Community Foundation
monthly donor in honor of Sue Herndon
& Mary Shepardson
— Poway Kiwanis Club Holiday With
Heroes sponsor

— Navy-Marine Corps Relief Society
More about me...
| am a family physician, live in High
Valley with my wife, four sons raised in
1481 of 2175
July 1, 2025, Item #3
Poway, two dogs (Golden and elderly

Boston), two kittens, box turtle. | run,
cycle, swim, and do triathlons (all very
slowly ... usually one of the last 5-10
guys to finish).
| love living in Poway for its serenity,
safety, and “City In The Country”
atmosphere which | aim to protect.

Poway trails and open space are two of
its most valuable attributes contributing
to quality of life. Poway volunteers are its
most valuable human resource. All
Poway residents deserve a voice in City
development, traffic safety, and future of
Poway decisions.

Service
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. : . . Close and accept To find out more, including how to control cookies, see here: Cookie Policy Dedication

1482 of 2175
July 1, 2025, Item #3

ARTHUR “TONY” BLAIN IS A MEMBER OF THE

CALIFORNIA ARMY RESERVE NATIONAL GUARD AND
FORMER U.S. NAVY AND U.S. AIR FORCE. USE OF HIS

MILITARY RANK, JOB TITLES, AND PHOTOGRAPHS IN

UNIFORM DOES NOT IMPLY ENDORSEMENT BY THE

DEPARTMENTS OF THE ARMY, NAVY, AIR FORCE,

NATIONAL GUARD, THE DEPARTMENT OF DEFENSE, OR
STATE OF CALIFORNIA.

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1483 of 2175
July 1, 2025, Item #3
42 1484 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Steve Vaus
Subject: Resign?
Date: Wednesday, November 6, 2024 5:41:11 AM

EXTERNAL EMAIL
We would love to see you resign.

Tony
Sent from Yahoo Mail for iPhone
1485 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Steve Vaus
Subject: Please resign
Date: Friday, November 8, 2024 10:44:02 AM

EXTERNAL EMAIL
Steve,
Please resign and give the reigns to Caylin.

Tony
Sent from Yahoo Mail for iPhone
1486 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Wednesday, November 27, 2024 10:28 AM
To: Jared Wilson
Cc: Steve Vaus; Brian Pepin; Peter De Hoff; Anita Edmondson; Caylin Frank; Fenstermacher, Alan; Chris Hazeltine; City Clerk
Subject: Re: Pepin’s seat
Mayor Vaus,
The first time you try to censure, prohibit, or decrease my speaking time on City Council, I will simply turn in multiple Public Comment Speaker slips and speak from the other side of the podium as a City resident. Please be professional and NONPOLITICAL and do what’s right in your role as Mayor next 23 months.

Even better, please consider resigning.

Tony Blain
Sent from Yahoo Mail for iPhone
On Wednesday, November 27, 2024, 9:07 AM, Jared Wilson <[email protected]> wrote:

Mr. Blain, I have asked you to stop emailing me. If you contact me again I will file a criminal complaint against you for annoying and harassing communications under Penal code 653m.

Jared Wilson
On Nov 27, 2024, at 8:12 AM, Tony Blain <[email protected]> wrote:

Jared Wilson,
If you get Mayor Vaus to appoint you to Pepin’s seat, we will do IMMEDIATE RECALL and collect 4,000 signatures to force your IMMEDIATE removal from office.

Tony Blain
Sent from Yahoo Mail for iPhone
1487 of 2175
July 1, 2025, Item #3

43 1488 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Wendy Kaserman
Cc: [email protected]
Subject: Re: Follow Up from Last Night"s Closed Session - Points of Contact for the City Manager and City Attorney"s Offices
Date: Thursday, February 6, 2025 9:48:01 AM
Hi, Wendy,
Please voice my profound apologies to those 3 people and I promise that 100% of my future interactions will be amicable and professional.

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
1489 of 2175
July 1, 2025, Item #3
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: Wednesday, February 5, 2025 5:11 PM
To: Wendy Kaserman <[email protected]>
Cc: [email protected] <[email protected]>
Subject: Re: Follow Up from Last Night's Closed Session - Points of Contact for the City Manager and City Attorney's Offices

I have never communicated with any City Staff except for City Manager, City Attorney, City Clerk, and Patty since I got elected to Poway City Council.

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
1490 of 2175
July 1, 2025, Item #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: Wendy Kaserman <[email protected]>
Sent: Wednesday, February 5, 2025 5:01 PM
To: Tony Blain <[email protected]>
Cc: [email protected] <[email protected]>
Subject: Follow Up from Last Night's Closed Session - Points of Contact for the City Manager and City Attorney's Offices

Good Afternoon Councilmember Blain –

As you aware there was an item on yesterday’s closed session agenda regarding three personnel complaints. As reported out after closed session and will be reflected in the minutes, special counsel briefed the City Council on the agenda item and the City Council authorized staff (me and Jodene) to work with special counsel to hire an independent investigator to investigate the complaints.

For the duration of the investigation and only for the duration of the investigation, I will be your point of contact for the City Manager’s Office, not Chris. Having me as your point of contact during the investigation does not mean I won’t be discussing questions/issues/responses with Chris, but your direct communications will be with me.

As City
Manager, Chris will continue to communicate with Council as a whole body in communications, such as the weekly notes and special City Council briefings, and will continue to be the primary point of contact in Council meetings and other public facing meetings where he is supporting the Mayor and full City Council. You will be receiving a similar message from Alan’s firm later establishing Alisha Patterson as our Assistant City Attorney who will be your point of contact for the City Attorney’s Office for the duration of the investigation. Similar to what I said regarding 1491 of 2175
July 1, 2025, Item #3
Chris, as City Attorney, Alan will continue to communicate with the Council as a body and be the point of contact in public meetings supporting the Mayor and full City Council. These temporary changes in points of contact do not change the City Council-City Manager communication protocols set forth the Poway Municipal Code and Chris’s employment agreement. You should be communicating through me, not directly with City staff. The notable exception is communication with the City Clerk regarding responding to or requesting public records and communications regarding your efforts on ballot measures and recalls and required election related filings.

Should you have any questions, please let me know. Please be advised that I cannot share what was discussed in closed session outside of closed session.

Sincerely,
Wendy

Wendy Kaserman
Assistant City Manager
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Ph: (858) 668-4502
Email: [email protected]

1492 of 2175
July 1, 2025, Item #3

44 1493 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.

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 Pow ay 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
1494 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

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

1495 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.

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.

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:34 PM
To: Fenstermacher, Alan <[email protected]>
1496 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

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

1497 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 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.

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 1498 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.

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 1499 of 2175
July 1, 2025, Item #3
7 ultimately wasted. This has to be the 5th 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.

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.

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.

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.

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 1500 of 2175
July 1, 2025, Item #3
8 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.

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.
1501 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

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.

1502 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

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.

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. 1503 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
1504 of 2175
July 1, 2025, Item #3

45 1505 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 <johnmullin.poway@ya hoo.com>
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
1506 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 ::))

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 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.
1507 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 transparenc y.

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.
1508 of 2175
July 1, 2025, Item #3

46 1509 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Monday, March 17, 2025 12:45:23 PM
To: [email protected] <[email protected]>; Steve Vaus <[email protected]>; Peter De Hoff <[email protected]>; Chris Pikus <[email protected]>; Jenny Maeda <[email protected]> Subject: Re: Personnel Evaluations
They both empower corrupt Mayor to accept campaign money AND money to Carols by Candlelight then pay himself AND his daughter from the Carols donations - that is called CORRUPTION Get Outlook for iOS
From: [email protected] <[email protected]>
Sent: Monday, March 17, 2025 9:00:15 AM
To: Steve Vaus <[email protected]>; Peter De Hoff <[email protected]>; Chris Pikus <[email protected]>; Tony Blain <[email protected]>; Jenny Maeda <[email protected]> Subject: Personnel Evaluations

EXTERNAL EMAIL
Happy St. Patrick’s Day!
Tony posted on Nextdoor that he wants everyone to reach out to all of you and request that the personnel evaluations not be held in a closed door session. I agree with the current city policy that personnel evaluations should not be a public event.

I’m glad that Tony notified us that this meeting was taking place. Please consider my input that both of them are doing an outstanding job. They are both constantly attacked by Tony and his now small following. Both of them continue to keep their heads up high and show up to work every day. They are passionate about their roles and are dedicated to serving our city. They manage and evaluate every situation and treat it within the laws and city policy and do so in a respectful and ethical manner. The fact that Chris had to deal with the stress of filing a harassment complaint with his employer yet continues to exhibit outstanding performance is stellar. Alan continues to deal with all of the ridicules requests and also continues to do so with dignity. We have one of the best run cities in the country and these two hold the majority of the accountability for that. 1510 of 2175
July 1, 2025, Item #3
2 My vote is to give both of them the highest rating and raise you possibly can. They deserve it!

Thank you.

Don Martin

1511 of 2175
July 1, 2025, Item #3
47 1512 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
1513 of 2175
July 1, 2025, Item #3
1 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
1514 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
1515 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
1516 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
1517 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.

1518 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
1519 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

1520 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>
1521 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
1522 of 2175
July 1, 2025, Item #3
48 1523 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Tuesday, January 21, 2025 8:01 AM
To: Fenstermacher, Alan
Cc: Chris Hazeltine
Subject: Re: Let there be a special election
City Attorney,
Your e mail is very threatening and confrontational. I believe you are weaponizing your position to single out Council member who you don’t like.

I could be wrong - if I am wrong, I apologize.

Thank you for being actively involved — it is very much appr eciated / 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
1524 of 2175
July 1, 2025, Item #3
2 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, January 21, 2025 7:50:46 AM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Re: Let there be a special election

Unintentional I just replied to your e mail

Thank you for letting me know

I’m quite sure Mayor Vaus has never unintentionally committed Brown Act violation once in his entire 14 years on Council

Please BC: my e mail to entire Council

Thank you for being actively involved — it is very much appr eciated / 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

1525 of 2175
July 1, 2025, Item #3
3 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, January 21, 2025 7:46:19 AM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: RE: Let there be a special election

EXTERNAL EMAIL
Good morning Mayor and City Council –

Another Brown Act reminder – please refrain from emailing the entire City Council how you plan to vote on an item before City Council. Pursuant to the Brown Act, a quorum of the council cannot discuss matters within its jurisdiction except at a public meeting. Details regarding emails to the entire Council and the Brown Act issues they create in my attached December 16
th email. While provided in that previous email, this link bears repeating in this email: https://www.rwglaw.com/newsroom-news-california-open-meeting-requirements-state-local-agencies

The email below is particularly problematic because through the use of the word “we,” it appears to informs the remainder of the Council of how two City Councilmembers will vote, and thus any single Councilmember is able to ascertain how the majority will vote from the email. This is also problematic because a member of the public was included in the email, and therefore has notice of the Brown Act violation. Do not respond to the email below. Thank 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.

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.

1526 of 2175
July 1, 2025, Item #3
4 From: Tony Blain <[email protected]>
Sent: Sunday, January 19, 2025 12:15 PM
To: Jim Bunner <[email protected]>; Councilmembers <[email protected]> Subject: Re: Let there be a special election

Thank you we will do our best but Mayor Vaus controls 3 votes on Council

Please text/call me below to discuss further

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 From: Jim Bunner <[email protected]>
Sent: Saturday, January 18, 2025 10:36:45 PM
To: Councilmembers <[email protected]>
Subject: Let there be a special election
1527 of 2175
July 1, 2025, Item #3
5 EXTERNAL EMAIL
Dear Council,
It needs to stop. Appointments are not democracy in action. Let taxpayers, the residents of that district, choose their own representative.

If not, we will be looking to vote/recall you out, those who choose personal power over the will of the people.

This is a crucial time in our city politics, history, but more importantly, our future.

Local citizens, local media, national media, state officials will have much to say, and look into, should democracy be averted.

Again, let there be a special election ..

Sent from AOL on Android
Some people who received this message don't often get email from [email protected]. Learn why this is important

1528 of 2175
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49 1529 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 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.

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 1530 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.

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 1531 of 2175
July 1, 2025, Item #3
7 ultimately wasted. This has to be the 5th 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.

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.

With respect to your threat
s 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 Communicatio
n.

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.

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 1532 of 2175
July 1, 2025, Item #3
8 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.

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.
1533 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

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.

1534 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

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.

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. 1535 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
1536 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: March 13, 2025 at 2:10:41 PM PDT
To: "Fenstermacher, Alan" <[email protected]>
Cc: Chris H
azeltine <[email protected]>, Wendy Kaserman
<[email protected]>, "Patterson, Alisha" <[email protected]> Subject: Re: March 18, 2025 Regular City Council Meeting Agenda Packet - Amended hmmm ... you are very confusing, most likely deliberately to suit your political agenda in supporting Vaus with thousands of $$$$ in campaign donations please continue to include me in ALL COUNCIL appropriate e-mails but never e-mail me directly or personally until all of the HR political maneuvering you and Hazeltine are doing has ceased
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
1537 of 2175
July 1, 2025, Item #3
2 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: Thursday, March 13, 2025 12:52 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: RE: March 18, 2025 Regular City Council Meeting Agenda Packet - Amended

EXTERNAL EMAIL
I can and must still email the whole Council when appropriate, unless you would like to be removed from all City Council emails. Let me know.

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.

1538 of 2175
July 1, 2025, Item #3
3 From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 12:50 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: March 18, 2025 Regular City Council Meeting Agenda Packet - Amended

Please stop contacting me. Per HR, you are not allowed to contact me. Rutan attorney Patterson is your substitute in case you forgot.

Get Outlook for iOS

From: Fenstermacher, Alan <[email protected]>
Sent: Thursday, March 13, 2025 12:40:46 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]> Subject: FW: March 18, 2025 Regular City Council Meeting Agenda Packet - Amended

EXTERNAL EMAIL
All Council – FYI.

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

<image002.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 contents of the information received in error is strictly prohibited.

From: Patterson, Alisha <[email protected]>
Sent: Thursday, March 13, 2025 12:38 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: March 18, 2025 Regular City Council Meeting Agenda Packet - Amended

Councilmember Blain - To the extent there is any confusion, Alan Fenstermacher did not authorize you to post privileged emails on your website. Mr. Fenstermacher said the opposite and directed you to remove the emails. A highlighted screen grab of his email to you is below, and the full email is attached.

The email says (in bold underlined font) “This is a violation of the City’s attorney/client privilege” and “These emails must be removed.” To reiterate, you do not have the authority to unilaterally waive the City’s attorney/client privilege. The City Council (via majority vote) needs to approve public disclosures of privileged emails.

1539 of 2175
July 1, 2025, Item #3
4 Alisha Patterson
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com

<image002.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 contents of the information received in error is strictly prohibited.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 12:08 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: Fw: March 18, 2025 Regular City Council Meeting Agenda Packet - Amended

This is a false statement — please remove it:

"Inresponse, Councilmember Blain denied they are subject to the attorney-client privilege, and refused
to remove them from his personal website."

Nobody ever asked me to remove anything from social media. In fact, Fenstermacher e- mailed that "he doesn't care" if e-mails remain.

Fenstermacher continues to lie and bend the truth for political gain.

Please correct Fenstermacher's letter to reflect the truth, or show me specifically where anyone asked me to remove any attorney communication from social media.

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

1540 of 2175
July 1, 2025, Item #3
5 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

From: Jazmin Fisher <[email protected]>
Sent: Thursday, March 13, 2025 12:02 PM
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Fenstermacher, Alan <[email protected]>; Carrie Gallagher <[email protected]> Subject: RE: March 18, 2025 Regular City Council Meeting Agenda Packet - Amended

Good Afternoon Honorable Mayor and Members of the City Council,

The March 18, 2025 Regular City Council Meeting Agenda and Agenda Packet were amended today, March 13, 2025, to include new Items #6 and #8 & renumbered previous Item #6 to now be Item #7.

Laserfiche Weblink

1541 of 2175
July 1, 2025, Item #3
6 Kindly,

Jazmin Fisher
Senior Administrative Assistant
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4530
[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: Jazmin Fisher
Sent: Tuesday, March 11, 2025 6:18 PM
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Fenstermacher, Alan <[email protected]>; Carrie Gallagher <[email protected]> Subject: March 18, 2025 Regular City Council Meeting Agenda Packet

Good Afternoon Honorable Mayor and Members of the City Council,

The March 18, 2025 Regular City Council Meeting Agenda and Agenda Packet are now available on the City's website.

Laserfiche Weblink

Kindly,

Jazmin Fisher
Senior Administrative Assistant
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4530
[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.*

1542 of 2175
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50 1543 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFenster
[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.

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.

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.
1544 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.

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.

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.

1545 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 1546 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

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

1547 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.

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.

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.

1548 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
1549 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.

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 Pow ay 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
1550 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

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

1551 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.

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.

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:34 PM
To: Fenstermacher, Alan <[email protected]>
1552 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

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

1553 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 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.

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 1554 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.

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 1555 of 2175
July 1, 2025, Item #3
7 ultimately wasted. This has to be the 5th 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.

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.

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.

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.

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 1556 of 2175
July 1, 2025, Item #3
8 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.

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.
1557 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

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.

1558 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

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.

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. 1559 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
1560 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: March 11, 2025 at 5:37:39 PM PDT
To: "Fenstermacher, Alan" <[email protected]>
Cc: Chris H
azeltine <[email protected]>, Wendy Kaserman
<[email protected]>
Subject: Re: Continued Correspondence
Please make all of my recent e mails public record and agenda items for transparency, as well as every single response
Get Outlook for iOS
From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 4:58:34 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]> Subject: Fwd: Continued Correspondence

EXTERNAL EMAIL
Council - FYI.

Alan Fenstermacher
949 500 8247
Begin forwarded message:

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 4:55:33 PM PDT
To: "Fenstermacher, Alan" <[email protected]>
Cc: Chris Hazeltine <[email protected]>, Wendy Kaserman 1561 of 2175
July 1, 2025, Item #3
2 <[email protected]>, "Patterson, Alisha" <[email protected]> Subject: Re: Continued Correspondence

Alan, you will be responsible for masterminding only city in entire nation who successfully kicked off an elected Councilmember for a military deployment.

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

1562 of 2175
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3 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

EXTERNAL EMAIL
Mayor and all Council – please see attached for the further communications relating to/in response to my earlier email. I am reaching the point where I may need to request that the City Attorney’s office be relieved entirely from responding to Councilmember Blain, unless at a public hearing. I cannot continue to subject any of my colleagues to this treatment. I note that CM Blain also continues to threaten my contract and Chris’ employment, amidst a pending harassment investigation, in addition to accusing me of dozens of different things that are objectively and easily proven false.

Furthermore, as you can see even through all of the nonsense, the response on his excused absence question (a completely different topic than remote participation, which started this entire conversation) has been provided, but the emails demanding a continued response continue. Over the past 4 months, an incredible amount of costs have been incurred responding to repeated questions that have already been asked and answered, and are apparently not read. Even more confusingly, I was asked for another response one minute after being told to cease all communications. I do not plan on responding further.

1563 of 2175
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Tony Blain / Military Officer / Physician for Poway Mayor 2026 (LOWER WATER RATES!!!)
Running for Poway Mayor 2026 to LOWER WATER RATES and bring back HONESTY, INTEGRITY, and TRANSPARENCY to City Hall for all Poway residents NO MORE BACKROOM POLITICS!!!
About Campaign Flyer
MAYOR VAUS/ CITY ATTORNEY More Endorsements
No on Prop H Virtual Press Conference Talking Points
Endorsements
VOTE NOV 2026!!!
Campaign Letter Campaign platform/ promises Campaign videos RECALL MAYOR VAUS _ Recall newspaper response
DeHoff Campaign FPPC Form 460s
FPPC Form 501 Tony Blain for Mayor 2026 Mayor Steve Vaus FPPC Campaign Form 460s My response to false Poway HR law firm attack: Newspaper articles Poway Veterans Day Speech Poway Voter 5/20/24 E-mail
SANDAG 2023 Crime Summary
Tony Blain / Military Officer/ Physician for Poway Mayor/ LOWER WATER RATES!!! Tony Blain City Council 3 Minutes — October 4, 2022, and April 2, 2024

MAYOR VAUS / CITY ATTORNEY
See Poway City Attorney e-mails below — they are using
my 90 day Army Reserve deployment to kick me off
Council — | will get Army JAG involved obviously, but | wanted everyone to know the political lies and
maneuvering the Poway Mayor, Councilmembers DeHoff
and Pikus, Poway City Manager Hazeltine, and Poway City Attorney Alan Fenstermacher and his substitute Rutan &
Tucker Attorney Alisha Patterson are doing to attempt to kick me off of City Council — this is SAME political
maneuvering / corruption they all used to allow
Councilmember Pepin to vote for Chris Pikus appointment when Pepin did not live in the City of Poway — NO MORE
Good evening Councilmember Blain — For ease of reference, | 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 1564 of 2175
July 1, 2025, Item #3
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, 9* Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663

Good morning —
Chris forwarded the below to me, and as explained below, the ability to participate remotely in a City Council meeting already exists. Importantly — the rules governing
participation in remote Council meetings come from state law — specifically, the Brown Act — and cannot be modified by local ordinance. (Gov. Code § 54953.) The previous
temporary state law provisions allowing the remote format used during COVID-19 have expired, and were replaced by AB 2449, discussed below. Here are summary explanations of the two remote participation options:

First, the “traditional” option that has always existed allows a Councilmember to teleconference into a meeting from a
remote location, provided the remote location is noticed on the meeting agenda, and that remote location is also held open to the public, and an agenda is posted in the remote location. For example, if the remote location was a hotel room a Councilmember was staying at, an agenda would
need to be posted on the front door of the room, and the public must be allowed in, if they chose to show up at that location (which, of course, is rare). This process is described in detail in Government Code section 54953(a)-(b). There is no limit on the number of times this process may be used by any Councilmember, or by the Council generally. However, a quorum of the City Council is required to meet within the boundaries of the City. There is no need to state a reason to use this procedure, and its use cannot be denied by the Council or otherwise.

Second, a newer procedure, enacted by AB 2449 effective January 1, 2023 (and expiring January 1, 2026), allows
remote participation in certain circumstances where the remote location does not need to be made open to the public.

If this process is used, there should be an item on the City

1565 of 2175
July 1, 2025, Item #3
Council agenda after the call to order that says something to the effect of “REMOTE PARTICIPATION DUE TO “JUST
CAUSE” OR “EMERGENCY CIRCUMSTANCES” (AB 2449).

This process also requires the City and the remote

Councilmember to both use zoom or another two way
audio and visual system, and allow public comment via zoom, and notice the meeting as such. This process is detailed in Government Code section 54953(f), and summarized below:

1. In the very beginning of the meeting (after the call to order and before the roll call) the prospective remote
participant must describe the reason in approximately
20 words or less why they are requesting to participate via Zoom. Broadly speaking, there are 2 possibilities — either “just cause” or “emergency
circumstances.” More specifically, the reason for
remote participation must be one of the following:

2. “Just Cause”:
i. A childcare or
caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely.
ii. A contagious illness
that prevents them from attending in person.
iii. Aneed related toa
physical or mental disability (as defined in Gov. Code
Sections 12926 and 12926.1) not otherwise accommodated
by an ADA accommodation.
iv. Travel while on
official business of the City or another state or local agency.

1. “Emergency Circumstances”: a physical or family
medical emergency that prevents them from attending
in person. We cannot require them to disclose any
medical diagnosis or disability, or any personal medical information that is already exempt under existing law,
such as the Confidentiality of Medical Information Act
(Chapter 1 (commencing with Section 56) of Part 2.6 of
Division 1 of the Civil Code).

1. (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code).

2. Determine if the prospective remote participant can
participate remotely.

2. If the reason is just cause, then they can participate as long as it would not put them over the cap for AB 2449
remote participation (i.e., more than 2 meetings per
calendar year; OR more than 20% of the Council’s
regular meetings in a calendar year). The Council does
not vote on whether to allow the proposed remote
1566 of 2175
July 1, 2025, Item #3
participant to participate remotely for just cause.

3. If the reason is emergency circumstances, then the

Council must vote to approve the request. The Council
can deny the request for any reason (or no reason at
all).

4. NOTE: The caps on remote participation due to
either just cause or emergency circumstances (or a
combination of both) are:
i. 3 consecutive
meetings
ii, 20% of the
Commission’s regular meetings within a calendar year; OR 2 meetings if the Commission meets fewer than 10 times per calendar year

Alan B.

Fenstermacher

18575 Jamboree
Road, 9* Floor |
Irvine, CA 92612
O. (714) 641-5100 |
D. (714) 641-3452 |
M. (949) 500-8247
(Mobile)

afenstermacher@ruta
n.com |
www.rutan.com

| made this web site to generate 100% transparency i(xeyantiare)) for Poway City Council meetings and to engender
Poway resident participation in City government.

Proudly powered by WordPress

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Tony Blain / Military Officer / Physician for Poway Mayor 2026 (LOWER WATER RATES!!!)
Running for Poway Mayor 2026 to LOWER WATER RATES and bring back HONESTY, INTEGRITY, and TRANSPARENCY to City Hall for all Poway residents
NO MORE BACKROOM POLITICS!!! VOTE NOV 2026!!!
About Campaign Flyer Campaign Letter Campaign platform / promises Campaign videos DeHoff Campaign FPPC Form 460s Endorsements FPPC Form 501 Tony Blain for Mayor 2026 Mayor Steve Vaus FPPC Campaign Form 460s
No on Prop H Virtual Press Conference Talking Points
Poway Voter 5/20/24 E-mail
My response to false Poway HR law firm attack:

MAYOR VAUS/ CITY ATTORNEY More Endorsements
Newspaper articles
Poway Veterans Day Speech
RECALL MAYOR VAUS _ Recall newspaper response
SANDAG 2023 Crime Summary
Tony Blain / Military Officer/ Physician for Poway Mayor/ LOWER WATER RATES!!! Tony Blain City Council 3 Minutes — October 4, 2022, and April 2, 2024 Mayor Steve Vaus FPPC
Campaign Form 460s
(Most importantly, Vaus (and everyone he appoints or
endorses for City Council) owes FAVORS to every single
developer, painting company, contest ruction company, etc. who donated to his campaigns )
(NUMBERS ON THIS SHEET MAY NOT BE 100% ACCURATE - CLICK ON ACTUAL FPPC FORM 460'S BELOW TO SEE ACTUAL NUMBERS) Many of the campaign contributors below ALSO donate to Carols by Candlelight, then Vaus pays himself and his daughter from this $$ [Vaus460s-Summary: |MAYOR MAYOR © MAYOR = MAYOR += MAYOR MAYOR MAYOR = MAYOR MAYOR MAYOR = MAYOR MAYOR 1/1/2024 7/1/2028 1/1/2023 10/23/2022 9/25/2022 7/1/2022 1/1/2022 10/21/2018 9/23/2018 7/1/2018 10/19/2014 1/1/20 to to to to to to to to to to to to
6/30/2024 12/31/2023 6/30/2023 12/31/2022 10/22/2022 9/24/2022 6/30/2022 12/31/2018 10/20/2018 9/22/2018 12/31/2014 6/30/21 Contributions: $0.00 $0.00 $0.00 $200.00 $1,050.00 $5,120.00 $34,700.00 $700.00 $950.00 $7,270.00 $1,700.00 $8,55« Calendar Year: $0.00 $0.00 $0.00 $41,070.00 $40,870.00 $39,820.00 $34,700.00 $17,474.00 $16,774.00 $15,824.00 $27,902.98 $8,55« Expenditures $1,069.79 $4,914.15 $2,565.61 $6,481.92 $13,588.18 $6,549.87 $2,014.91 $8,070.64 $4,845.40 $4,123.63 $5,227.88 $44:

Calendar Year: $1,069.79 $4,914.15 $2,565.61 $28,634.88 $22,152.96 $8,564.78 $2,014.91 $17,474.00 $9,403.36 $4,557.96 $28,016.11 $44:

Beginning Balance $4,955.36 $9,869.51 $12,535.12 $18,717.04 $31,255.22 $32,685.09 $0.00 $7,370.64 $11,266.04 $8,119.67 $3,428.87 st Ending Balance $3,885.63 $4,955.36 $9,869.51 $12,435.12 $18,717.04 $31,255.22 $32,685.09 $8,070.64 $7,370.64 $11,266.04 $5,227.88 $8,11° Developer/Outside/BRC/Vaus Council $$$:

Kevin McNamara (Developer/ Prop H/ Lifetime) Mayor & $1,950 Supervisor donations Jared Wilson (BRC / Vaus-endorsed Council Candidate) $250 donation Brian & Kimberly Pepin (Political & Developer C Vi dorsed i ) Mayor & Supervisor $800 donation Cynthia Elizondo (Vaus-appointed BRC) Mayor and $500 Supervisor donation Voice of San Diego donation (prints Vaus-biased "news" stories) John Ramirez (Poway City Attorney Rutan & Tucker) $500 Supervisor donation David Cosgrove (Poway City Attorney Rutan & Tucker) $100 Supervisor donation Alan Fenstermacher (Poway City Attorney) $350 Supervisor donation

1571 of 2175
July 1, 2025, Item #3
Ginger Couvrette (PUSD perty Developer) $350 Sup
Peter DeHoff (Vaus-endorsed Poway City Council) $619 Supervisor donation Dave Grosch (Vaus-endorsed Poway City Council) $200 Supervisor donation

donation
Barry, Deborah, & Erin Leonard (Vaus-endorsed Poway City Council) $1600 Supervisor & Mayor donations John Mullin (Vaus-endorsed former Poway City Council & Pacific Painting/Developer) $600 Supervisor donation Michael Schlessinger (The Farm Developer) $1700 Supervisor donation Tina White (former Poway City Manager) $1250 Mayor & Supervisor donations Jodene Dunphy (Poway City Director of Human Resources) $200 Supervisor donation Anita & Ronald Anders $850 Supervisor donation
Katherine & Sean Cogswell (CEO/Owner, Meridian Development) $1700 Supervisor donation Aaron, Dan, and Uri Feldman (Developer, President Sunroad Enterprises, owns Maderas) $2550 Supervisor donations Roberta & Elliott Feuerstein (Developer, owner, Mira Mesa Shopping Center) $700 Supervisor donation Steve & Tracy South (EDCO President) $1700 Supervisor donation Edward & Sandra Burr (Chairman & Vice Chairman, EDCO Disposal) $1600 Supervisor donation Mike & KarenTurk (Developer, KD Development) $1150 Supervisor donation David & Peter Zak (Real Estate Devel ) $3,400 Sup
Lorens Attisha (CEO, Soapy Joe's) $850 Supervisor donation Ben Badless (Real Estate Development) $250 Supervisor donation T.J. Zane (Political Consulting) $250 Supervisor donation

MULTIPLE OTHER BUILDERS, DEVELOPERS,

BUSINESS OWNERS, COMPANIES, BANKS, INVESTMENT FIRMS

REAL ESTATE / PROPERTY MANAGEMENT,

INVESTMENT FIRMS, CONTRACTORS,

PAINTING COMPANIES
ERS)
nis $$$$
[Mayor MAYOR
1/1/2018 = 10/1/2014
to to
6/30/2018 10/18/2014
$8,554.00 $2,785.00
$8,554.00 $26,202.98
$443.33 $12,916.80
$443.33 $22,788.23
$0.00 $13,560.67
$8,119.67 $3,428.87

MAYOR MAYOR
7/1/2014 = 1/1/2014
to to
9/30/2014 6/30/2014
$4,937.98 $18,480.00
$23,417.98 $18,480.00
$7,767.77 $2,103.66
$9,871.43 $2,103.66
$16,376.38 $0.00
$13,560.67 $16,376.38
10/18/2020
to
12/15/2020
$35,600.00
$336,643.00
$86,584.98
$599,163.50
$67,351.32
$0.00
9/20/2020
to
10/17/2020
$50,694.00
$311,043.00
$162,470.06
$512,578.52
$208,296.57
$67,351.32
|councit COUNCIL
7/1/2012 = 2/13/2012
to to
6/30/2012 6/30/2012
$9,937.67 $4,650.00
$14,587.67 $4,650.00
$999.24 $340.75
$10,339.99 $340.75
$4,309.33 $0.00
$4,099.28 $4,309.33
460-vaus-st... 1/11

SUPERVISOR SUPERVISOR SUPERVISOR SUPERVISOR SUPERVISOR SUPERVISOR SUPERVISOR COUNCIL 7/1/2020
to
9/19/2020 6/30/2020 2/15/2020
$103,607.00 $119,898.00 $29,759.00
$258,349.00 $154,742.00 $34,844.00
$74,094.26 $139,926.17 $112,663.60
$350,108.46 $276,014.20 $136,088.03
$159,965.71 $172,249.53 $266,712.09 264.520.50
$208,296.57 $159,965.71 $172,249.53 $266,712.09 $200,251.88

Recipient C Campaign Cover Page

COUNCIL
10/21/2012 10/1/2012
to to
2/16/2020
to
1/19/2020
to
1/1/2020
to
1/18/2020
1/1/2019
to
$23,424.43 $66,007.79
$0.00
$0.00
$680,571.65 Total Contributions
$740,124.60 Total Expenditures

ommnitise ‘Statement

Recipient Committos Campaign Statement Cover Page — Part 2

460 Vaus, Steve Preelection 09-29-22

‘Summary Page

Contibutions Received

IDYoyV2a] Keoy-[e|
6/30/2019 12/31/2012 10/20/2012
$5,085.00 $229,966.00 $1,145.00 $3,783.00
$7,085.00 $229,966.00 $19,515.67 $18,370.67
$5,626.93 $66,007.79 $1,914.23 $6,813.05
$17,153.04
$769.23 $4,099.28
$769.23

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1581 of 2175
July 1, 2025, Item #3

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1582 of 2175
July 1, 2025, Item #3

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1583 of 2175
July 1, 2025, Item #3

Reciplont Committee ‘Campaign Stat Cont Page — Part2

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1584 of 2175
July 1, 2025, Item #3
Recipient Committee impaign Statement Cover Page

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1585 of 2175
July 1, 2025, Item #3

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| made this web site to generate 100% transparency '(oyaaliare)) for Poway City Council meetings and to engender
Poway resident participation in City government.

Proudly powered by WordPress

1586 of 2175
July 1, 2025, Item #3
53 1587 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 @

1588 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 @

1589 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)
1590 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

1591 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 1592 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

1593 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
1594 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

1595 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

1596 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 &

1597 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

1598 of 2175
July 1, 2025, Item #3
54 1599 of 2175
July 1, 2025, Item #3
1 From: Jenny Maeda <[email protected]>
Sent: Tuesday, January 21, 2025 10:24 AM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: Let there be a special election
No, you're good.

All your communications are always perfectly professional.

Will you be in office before the mtg today?
Get Outlook for Android
From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, January 21, 2025 9:12:36 AM
To: Jenny Maeda <[email protected]>
Subject: FW: Let there be a special election

EXTERNAL EMAIL
Councilmember Maeda –
1600 of 2175
July 1, 2025, Item #3
2 I hope you had a good long weekend. I know we have not spoken much and only had one short meeting thus far, but I wanted to reach out personally, particularly after your kind message the other evening. I want you to know, from me directly, that I do not care about how you or any other Councilmember votes, what their policy goals are, if they want to completely change policies or keep everything the same. I am not a sixth council member – I have no policy opinions. My job is to call balls and strikes for the Council and keep you all from violating the law, and limiting the City’s liability. I am very proud of what I have done since 2018, where the City has prevailed or resolved every litigation or administrative challenge I have been involved in, and mostly completely stayed out litigation entirely at least in part as a result of my advice, saving the taxpayers money.

As I have stated before, my fiduciary duty is to the City, the municipal corporation, not any Councilmember. I want you to rest assured that I will provide complete and accurate legal advice to any issue raised by a City Councilmember, regardless of the issue or if that Councilmember has repeatedly promised to fire me, or has been rude to me, etc., as I have done dozens of times for Councilmember Blain. I actually do not even mind if at any time, the Council majority chose to make a change at City Attorney – I would not begrudge them that, that is their choice, and it certainly happens.

I do not need this client nearly enough to compromise my integrity or my reputation for any future City I may work for, other cities I work for, or any other client. The only thing I do believe is inappropriate is dozens of threats regarding firing me on nights, holidays and weekends, accusations about integrity, threating to report me to the state bar, gloating, or whatever else you want to call it. To that end, I know there has been many accusations thrown my way that you have been copied on, but I am not some “deep state” official protecting the majority -I aim to simply call it like I see it. In fact, you may recall when then Councilmember Frank submitted a ballot designation challenge against you, the City Clerk and I rejected it. If I was “corrupt” or beholden to the incumbents, that certainly would not have happened.

Anyway, in specific regards the below, I do not think my message was remotely “threatening” nor have any of mine been, but I would like your perspective if you disagree and I will try to change that. I am looking for another perspective here on these interactions. I hope to try to establish a working relationship with you as we move forward, and again encourage you to feel free to reach out as desired. 949-500-8247, any time. See you this evening.

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.

From: Fenstermacher, Alan
Sent: Tuesday, January 21, 2025 8:03 AM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: RE: Let there be a special election

1601 of 2175
July 1, 2025, Item #3
3 Please clarify/ tell me what part of my email was threatening or confrontational? That was not the intention, and it is no different than any other Brown Act admonition have ever provided.

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.

From: Tony Blain <[email protected]>
Sent: Tuesday, January 21, 2025 8:01 AM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Re: Let there be a special election

City Attorney,

Your e mail is very threatening and confrontational. I believe you are weaponizing your position to single out Council member who you don’t like.

I could be wrong - if I am wrong, I apologize.

Thank you for being actively involved — it is very much appr eciated / 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. 1602 of 2175
July 1, 2025, Item #3
4 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, January 21, 2025 7:50:46 AM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Re: Let there be a special election

Unintentional I just replied to your e mail

Thank you for letting me know

I’m quite sure Mayor Vaus has never unintentionally committed Brown Act violation once in his entire 14 years on Council

Please BC: my e mail to entire Council

Thank you for being actively involved — it is very much appr eciated / 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

1603 of 2175
July 1, 2025, Item #3
5 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 <[email protected]>
Sent: Tuesday, January 21, 2025 7:46:19 AM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: RE: Let there be a special election

EXTERNAL EMAIL
Good morning Mayor and City Council –

Another Brown Act reminder – please refrain from emailing the entire City Council how you plan to vote on an item before City Council. Pursuant to the Brown Act, a quorum of the council cannot discuss matters within its jurisdiction except at a public meeting. Details regarding emails to the entire Council and the Brown Act issues they create in my attached December 16
th email. While provided in that previous email, this link bears repeating in this email: https://www.rwglaw.com/newsroom-news-california-open-meeting-requirements-state-local-agencies

The email below is particularly problematic because through the use of the word “we,” it appears to informs the remainder of the Council of how two City Councilmembers will vote, and thus any single Councilmember is able to ascertain how the majority will vote from the email. This is also problematic because a member of the public was included in the email, and therefore has notice of the Brown Act violation. Do not respond to the email below. Thank you.

Alan B. Fenstermacher

1604 of 2175
July 1, 2025, Item #3
6 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.

From: Tony Blain <[email protected]>
Sent: Sunday, January 19, 2025 12:15 PM
To: Jim Bunner <[email protected]>; Councilmembers <[email protected]> Subject: Re: Let there be a special election

Thank you we will do our best but Mayor Vaus controls 3 votes on Council

Please text/call me below to discuss further

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.

1605 of 2175
July 1, 2025, Item #3
7 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: Jim Bunner <[email protected]>
Sent: Saturday, January 18, 2025 10:36:45 PM
To: Councilmembers <[email protected]>
Subject: Let there be a special election

EXTERNAL EMAIL
Dear Council,
It needs to stop. Appointments are not democracy in action. Let taxpayers, the residents of that district, choose their own representative.

If not, we will be looking to vote/recall you out, those who choose personal power over the will of the people.

This is a crucial time in our city politics, history, but more importantly, our future.

Local citizens, local media, national media, state officials will have much to say, and look into, should democracy be averted.

Again, let there be a special election ..

Sent from AOL on Android
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1606 of 2175
July 1, 2025, Item #3
55 1607 of 2175
July 1, 2025, Item #3
Messages - Tony Blain

7/24/24, 12 38 PM
I took my Poway City Council Oath of Office yesterday at City Clerk Zoom meeting which my campaign manager Steve Marietti attended in person with Military Special Power of Attorney
7/25124, 8.51 PM
Thx
I look forward to working with you guys for years to come 8/2/24. 9 52 PM
Does Poway have similar ordinance?
https://fox5sandiego.com/news/local-news/carlsbad-bans-smoking-in-all­ apartments�ndos/
818124, 8·03 PM
"Congratulations - Official District 2 City Council Candidate Mr. Blain's Nomination form has been reviewed and approved by the ROV. He is officially a District 2 City Council Candidate for the City of Poway 2024 Municipal Election.

Respectfully,
Carrie Gallagher, CMC
City Clerk"
8/9/24, 8.40 PM
Please note Jared Wilson just turned in 28 page complaint (based on false allegations) against me to FPPC - sounds like he thinks I'm going to beat him in election. Much of base on my Term Limits campaign which he is against. Please publicize this post widely on email & social media.

VOTE NOV 2024!!!
[email protected]
Ty o po

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