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 (part 1 of 5)

1 793 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFenster
[email protected]>
Sent: Saturday, November 30, 2024 2:18 PM
To: Jodene Dunphy <[email protected]>
Cc: Larsen, Joseph <[email protected]>; Chris Hazeltine <[email protected]> Subject: Fwd: Please resign

EXTERNAL EMAIL
Jodene - Chris and I are getting these on a near daily basis at this point, including Thanksgiving night, 3 am and the like. I have not responded to any of them. Seems to be rising to the level of harassment. I certainly feel harassed. Curious for your thoughts at some point Alan Fenstermacher
949 500 8247
Begin forwarded message:
794 of 2175
July 1, 2025, Item #3
2 From: Tony Blain <[email protected]>
Date: November 30, 2024 at 1:55:39 PM PST
To: Chris Hazeltine <[email protected]>, "Fenstermacher, Alan" <[email protected]>
Cc: Steve Vaus <[email protected]>, Brian Pepin <[email protected]>, Anita Edmondson <[email protected]>, Peter De Hoff <[email protected]>, Caylin Frank <[email protected]>
Subject: Please resign
Poway City Manager & Poway City Attorney,

Please resign. You have 1,300 Poway residents in only 48 hours on Nextdoor who agree.

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

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

Tony Blain

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

TRANSPARENCY NEW INTEGRITY

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1.3K total Graph shows first 48 hours
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Neighbor response
Neiahbors have a lot to sav about this post
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July 1, 2025, Item #3
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4 Sent from Yahoo Mail for iPhone
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797 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFenster
[email protected]>
Sent: Tuesday, December 10, 2024 5:00 PM
To: Jodene Dunphy <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Fwd: Hi

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

From: Tony Blain <[email protected]>
Date: December 10, 2024 at 4:56:11 PM PST
To: "Fenstermacher, Alan" <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Re: Hi
We want a fresh new political start both of you gone
798 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
799 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
800 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
801 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.

802 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
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_______________________________________
______________
Privileged And Confidential
Communication.

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 Communicatio
n.

From: Alan Fenstermacher <[email protected]>
Sent: Wednesday, January 15, 2025 4:29 PM
To: Fenstermacher, Alan <[email protected]>
Subject: FW: Jan. 21 meeting
From: Chris Hazeltine <[email protected]>
Sent: Wednesday, January 15, 2025 4:28:58 PM (UTC-08:00) Pacific Time (US & Canada) To: Alan Fenstermacher <[email protected]>
Subject: FW: Jan. 21 meeting
From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 3:48 PM
To: Patty Fletcher <[email protected]>; Chris Hazeltine <[email protected]> Subject: Jan. 21 meeting
Please add this PDF as my only Council presented item on Jan. 21. 804 of 2175
July 1, 2025, Item #3
3 Tony Blain
Councilmember
City of Poway
858-248-1509

805 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFenster
[email protected]>
Sent: Friday, January 24, 2025 7:22 AM
To: Jodene Dunphy <[email protected]>; Wendy Kaserman <[email protected]> Subject: Fwd: HR

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

From: Tony Blain <[email protected]>
Date: January 24, 2025 at 6:49:55 AM PST
To: Chris Hazeltine <[email protected]>, "Fenstermacher, Alan" 806 of 2175
July 1, 2025, Item #3
2 <[email protected]>, City Clerk <[email protected]>, Wendy Kaserman <[email protected]>, Patty Fletcher <[email protected]> Subject: HR

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

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

Please note that our email communications are subject to public disclosure

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

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

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

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

Please also e-mail each Councilmember, City Manager, and City Attorney (always CC: me on these communications) so they can all research and respond appropriately. All of their e-mails can be found on Poway City Council web site below.

https://poway.org

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

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

General Service Request

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

807 of 2175
July 1, 2025, Item #3
3 Water

https://poway.org/317/Water

PUBLIC RECORDS REQUEST

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

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

808 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 9:17 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Re: please call me
I’m sorry you feel this way Alan - I know you’re a good person I just honestly don’t think you are good for Poway — it’s just my opinion nothing more
There never was or is any vote on Special Election, so my e mails to DeHoff are inaccurate and irrelevant Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]>
Sent: Wednesday, January 15, 2025 8:31:09 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: FW: please call me
809 of 2175
July 1, 2025, Item #3
2 EXTERNAL EMAIL
Good evening Mayor and Councilmembers –

Prior to seeing the attached email from Councilmember Blain at 3:48 pm, I was already considering whether or not I had an obligation to send the below email chain to all of you. At this point, I know that I must.

As you can see from the email chain below from 11:36 am to 2:55 pm today, I received some questions from Councilmember Blain relating to his emails to Councilmember DeHoff and Mr. Pikus included in the January 21 agenda, and I offered to answer Councilmember Blain’s inquiries in writing. I did not want to become an accessory after the fact to potential felonies, or otherwise somehow infect the City with liability if I had a phone conversation that later became a “he said, she said” situation. This is all new territory for me, and frankly I am not entirely sure what the rules of the road are for potential violations like this. For context, since you all are likely not aware of nature of our communications over the past several months, other than one several minute phone call earlier this week or last week about the Public Records Act, Councilmember Blain and I have not spoken on the phone, and never met in person (notwithstanding my offers to do so). I have, however, fielded dozens of emails (and been copied on well over 100 I am sure) where I have provided comprehensive legal answers in writing. This seems to be the preferred method of communication.

Thus, when Councilmember Blain flatly refused to put questions in writing without explanation – which if legitimate and related to seeking legal advice as a Councilmember / for the City, would be covered by attorney-client privilege – I can only assume that he was hoping to enlist me in the defense of potential criminal actions or some sort of related mitigation strategy. There is no other explanation for multiple phone calls and requests for phone calls after months of no such calls or requests, the first ever text message, and his refusal to email questions. From November until today, I went very few days where I did not see emailed questions from Councilmember Blain. Obviously, that is not my role as the City Attorney, where my duty is to the municipal corporation.

Furthermore, as I stated below, I was worried that if I refused to assit Councilmember Blain on the phone, he would retaliate against me. My worry was driven in part by his many threats to report me to the state bar or fire me in 10 or 23 months when he gets an answer he does not like, even if completely benign, objective and legally correct.

Unfortunately, less one hour later, that retaliation already occurred, as you can see from the attached email from 3:48 pm. Councilmember Blain apparently plans to comment on my two 4+ year old donations to Steve Vaus’ campaign for County Supervisor, which he must think will embarrass me, or pose a problem for me.

Setting aside the questionable propriety of a Councilmember attacking a City staff member (or contractor) during a City Council meeting based on a topic totally unrelated to any agendized business as a Councilmember item/report – under the Brown Act or otherwise – I wanted to let you all know that there is nothing legally wrong with my contributions.

While I have never and will never contribute to a City of Poway election, I have a First Amendment right to make political contributions in entirely unrelated races, and there is no body of law that makes this a conflict, illegal, or anything else improper. The Form 460 Councilmember Blain attaches did not take a super sleuth to find – it is publicly posted online.

Given I am a career municipal lawyer and a Section Head at one the largest and most respected municipal law firms in the state, I obviously knew and know that any contributions I make will be properly reported on Form 460s, and are completely public. If there was an issue, I would have never made this contribution. Further, it bears pointing out that had Mayor Vaus won and become County Supervisor, he would no longer be Mayor and I would no longer work with him. Thus, if Councilmember Blain alleges my contributions create some sort of conflict, it does not even make sense.

While I have no obligation to explain contributions, as some of you know, my sister and her family, as well as my parents in 2020, live in the unincorporated County of San Diego, and I am in the district often for work (obviously) and for pleasure. In fact, during COVID/2020, I was living in unincorporated San Diego county about as often as home. I have an interest in contributing to someone that I felt would do a good job, and that is my personal choice. As for the $100 contribution from my now retired partner Mr. Cosgrove, I can’t speak to his motivation, but he did a significant amount of work in San Diego County, including in Lakeside, where I know he had friends. To my memory, he never did even one hour of work for Poway.

810 of 2175
July 1, 2025, Item #3
3 Finally, while I have not told any of you this, I think it is time you know – the last two months have included some of the worst of my career. When I was with my children on both Halloween and Thanksgiving night, I received emails calling me unethical, demanding I resign and that I would be reported to the state bar, for completely unstated reasons. Literally, I was in costume with my kids while receiving emails from a man I had never even actually met, threating not just this my position with Poway, but my entire career, for reasons that were not articulated, and I could not even fathom. During November, I endured several weeks of emails, where every other day, I was told to resign, or how I would be fired in 10 or 23 months, or how “every person in Poway” wants me to resign or agrees I should resign, with social media statistics attached. I am an experienced litigator, but no one has ever treated me and other City professional staff as poorly as I have experienced and seen the last few months – not senior partners when I was a first year associate, not the most hardened, type A opposing counsel in the midst of a brutal trial, or after a tough loss. I have never had my credibility repeatedly questioned or attacked by anyone, but it became routine. This treatment continued at various times even after Councilmember Blain was sworn in and I provided him all the legal advice he requested, to the best of my ability.

Notwithstanding all of this, I decided to take the high road and provide high quality legal advice in response to being inundated with questions, often for the second or third time, thinking that maybe the relationship would change. I never once responded to the resignation demands, either via email or when made in person at a Council meeting, despite having the opportunity to do so. I tried to think to myself “do not get in the mud with pigs, you both get dirty, and the pig likes it.” Instead, I did my job – for many more hours than I have ever spent responding to 7 years’ worth of all other Councilmember inquiries, combined. I actually had legitimate hope that maybe once Councilmember Blain got to know me, stopped campaigning and got to the work of governing, we could move past all of the bluster. While it got a bit better this past month, and out and out resignation demands stopped, the reference to 10 or 23 months always hung in the air, and every morning I would check my email bracing myself for several emails from Councilmember Blain, never knowing if it was a thank you, or an attack. It seems that now, with Councilmember Blain’s most recent decision to attack me after months of actually trying to assit him and help in avoid breaking the law – including stopping him from calling law enforcement on two separate individuals who complained to him via official City email, resulting in a slam dunk lawsuit loss for the City – the bullying and harassing behavior has returned in full force. I truly dread the hostile work environment that awaits me in the coming months.

Councilmember Blain – to you personally, I do not you have now fixed your ire on me (again), other than I gave you a legal opinion that you did not want to hear. It is also just that – an opinion – it is not up to me. More to the point, I had nothing to do with your emails in question, you wrote them, and you are solely to blame for the position you now find yourself in, whatever that may be. Despite all your conspiratorial allegations that I am political, out to get you, or the like, I have viewed this job for over 7 years as simply calling balls and strikes for the Council, not ever taking a position or having an opinion, and I have consistently done that. Ironically, the only Councilmember in my 7+ years here that has asked me to be political and attempted to weaponize me against their colleagues is you. I can only assume that is what you hoped to do on the phone today. I have never written an email like this to a “client” and certainly not a City Councill, and I hope I never have to again – ever single other email I wrote to this Council or other individual Council members has been dry, boring legal advice. I still ponder how our very first interaction nearly a year ago was me reaching out looking to help you file your nomination papers remotely – something I had never dealt with, and was struggling to find an answer to – and you immediately responded with vitriol. As I have repeatedly explained, considering I was trying to assit, I did not understand it then, and I don’t understand any of this now.

Thank you Council for your time to read this lengthy email, and please respond to just me with any questions.

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
811 of 2175
July 1, 2025, Item #3
4 _____________________________________________________ Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 2:55 PM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: please call me

Nope

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

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

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

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
812 of 2175
July 1, 2025, Item #3
5 _____________________________________________________ Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 2:27 PM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: please call me

Please call me

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

EXTERNAL EMAIL
Councilmember Blain –

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

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

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

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

Alan B. Fenstermacher
813 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.

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

Please call me

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

Brown Act?

Mayor Vaus parading my Pikus and DeHoff e mails

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

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

814 of 2175
July 1, 2025, Item #3
7 On Jan 15, 2025, at 11:36 AM, Tony Blain <[email protected]> wrote:

please call me

Tony Blain
Councilmember
City of Poway
858-248-1509

815 of 2175
July 1, 2025, Item #3

2 816 of 2175
July 1, 2025, Item #3
1 From: Mark Gabel
Sent: Wednesday, March 12, 2025 3:37 PM
To: Tony Blain
Subject: FW: Poway - Introduction to Investigator
Confidential
Hello Councilmember Blain,
Following up on Al Ford’s email below, I am writing to begin the process of scheduling an investigative interview with you for the investigation my firm is conducting on behalf of the City of Poway.

To assist with scheduling, can you please let me know if you have availability for an approximatel y 2-3 hour
interview during the weeks of March 16 or 24? If there are specific dates/times that are best, or don’t work for you, please let me know. I also understand that you may have a deployment coming up. If that is the case, it would be useful to know when that will be, for scheduling purposes.

I live in Northern California, so I will be flying to your area for interviews. Your interview is a priority, but I will be attempting to coordinate multiple interviews during my visit. Therefore, once I have a sense of your timing, I will compare that to my overall schedule before confirming specifics with you.

I look forward to hearing back from you. Please let me know if you have any questions about the logistics of the interview process.

Thank you for your time.

Mark C. Gabel | Senior AƩorney InvesƟgator, AWI-CH
Direct: 415.755.4836 | [email protected]
This electronic message contains informaƟon from Van Dermyden Makus that is CONFIDENTIAL AND PRIVILEGED. The informaƟon is intended to be sent to the individual or enƟty named above. If you are not the intended recipient, please be aware that any disclosure, copying, disseminaƟon or distribuƟon of this transmission is prohibited. If you have received this electronic transmission in error, please noƟfy us by telephone at 916.779.2402. Thank you.

THINK RECYCLE.

From: Ford, Algeria R. <[email protected]>
Sent: Wednesday, March 12, 2025 9:00 AM
To: Tony Blain <[email protected]>; Mark Gabel <[email protected]> Cc: Vail, Eric S. <[email protected]>; [email protected] Subject: Poway - Introduction to Investigator
CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe. 817 of 2175
July 1, 2025, Item #3
2 Good morning,

Please allow this email to serve as an introduction to Mark Gabel who serves as an investigator for the City. Mr. Gabel will be reaching out to you to schedule a time to meet.

Thank you.

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. photo

The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT 800.333.4297. Thank you.

818 of 2175
July 1, 2025, Item #3
1 From: Mark Gabel
Sent: Thursday, March 13, 2025 3:12 PM
To: Tony Blain
Subject: RE: Poway - Introduction to Investigator
Hello Councilmember Blain,
Thank you for your response and for sharing this availability with me.

I will consider that Monday as one option, but to clarify, there are options other than Mondays if that works better for your work schedule. Are there other days and times during the weeks of March 17-21 and March 24-28 that you could also do, given your schedule and commitments? I am doing at least some other interviews for this investigation in person, and since yours is obviously an important interview, the preference is to also do it in person. That said, my priority is to get a chance to speak with you.

Best,
Mark C. Gabel | Senior AƩorney InvesƟgator, AWI-CH
Direct: 415.755.4836 | [email protected]
This electronic message contains informaƟon from Van Dermyden Makus that is CONFIDENTIAL AND PRIVILEGED. The informaƟon is intended to be sent to the individual or enƟty named above. If you are not the intended recipient, please be aware that any disclosure, copying, disseminaƟon or distribuƟon of this transmission is prohibited. If you have received this electronic transmission in error, please noƟfy us by telephone at 916.779.2402. Thank you.

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 12:02 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator
CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

I am only available Monday, Mar. 24, 10 AM-12 PM ... I work 4 AM-9 AM and 1-5 PM every Monday Can we do this via Zoom? or Phone?
Please note that our email communications are subject to public disclosure.

Tony Blain
819 of 2175
July 1, 2025, Item #3
2 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: Mark Gabel <[email protected]>
Sent: Wednesday, March 12, 2025 3:36 PM
To: Tony Blain <[email protected]>
Subject: FW: Poway - Introduction to Investigator

EXTERNAL EMAIL
Confidential

Hello Councilmember Blain,

Following up on Al Ford’s email below, I am writing to begin the process of scheduling an investigative interview with you for the investigation my firm is conducting on behalf of the City of Poway.

You don't often get email from [email protected]. Learn why this is important 820 of 2175
July 1, 2025, Item #3
3 To assist with scheduling, can you please let me know if you have availability for an approximately 2-3 hour interview during the weeks of March 16 or 24? If there are specific dates/times that are best, or don’t work for you, please let me know. I also understand that you may have a deployment coming up. If that is the case, it would be useful to know when that will be, for scheduling purposes.

I look forward to hearing back from you. Please let me know if you have any questions about the logistics of the interview process.

Thank you for your time.

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

This electronic message contains information from Van Dermyden Makus that is CONFIDENTIAL AND PRIVILEGED. The information is intended to be sent to the individual or entity named above. If you are not the intended recipient, please be aware that any disclosure, copying, dissemination or distribution of this transmission is prohibited. If you have received this electronic transmission in error, please notify us by telephone at 916.779.2402. Thank you.

THINK RECYCLE.

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Good morning,

Please allow this email to serve as an introduction to Mark Gabel who serves as an investigator for the City. Mr. Gabel will be reaching out to you to schedule a time to meet.

Thank you.

821 of 2175
July 1, 2025, Item #3
4 To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. photo

822 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 3:19 PM
To: Mark Gabel
Subject: Re: Poway - Introduction to Investigator
CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Wednesdays are "my day off" so any Wed is good for me as early as possible so I can have a "day off." I am very untrustworthy of any investigator or attorney associated with the City of Poway, Poway Mayor, City Manager, or City A
ttorney (or his Rutan & Tucker substitute A. Patterson), as they have all lied incessantly for sole purpose to either get me off of City Council or make me lose the upcoming NOV 2026 Mayor race. They are all extremely unethical and use political lies and maneuvering to obtain their political goals.

I have also vowed not to step one foot inside City Hall until I'm elected Mayor in NOV 2026 because I don't trust City Manager and City Attorney for the above reasons.

I would like to do Zoom or phone rather than in person for the above reasons.

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
823 of 2175
July 1, 2025, Item #3
2 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: Mark Gabel <[email protected]>
Sent: Thursday, March 13, 2025 3:12 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
Hello Councilmember Blain,

Thank you for your response and for sharing this availability with me.

I am doing at least some other interviews for this investigation in person, and since yours is obviously an important interview, the preference is to also do it in person. That said, my priority is to get a chance to speak with you.

Best,

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 12:02 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator
824 of 2175
July 1, 2025, Item #3
3 CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

I am only available Monday, Mar. 24, 10 AM-12 PM ... I work 4 AM-9 AM and 1-5 PM every Monday

Can we do this via Zoom? or Phone?

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

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

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

Water

https://poway.org/317/Water

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

https://poway.org

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

PUBLIC RECORDS REQUEST

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

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

From: Mark Gabel <[email protected]>
Sent: Wednesday, March 12, 2025 3:36 PM
825 of 2175
July 1, 2025, Item #3
4 To: Tony Blain <[email protected]>
Subject: FW: Poway - Introduction to Investigator

EXTERNAL EMAIL
Confidential

Hello Councilmember Blain,

To assist with scheduling, can you please let me know if you have availability for an approximately 2-3 hour interview during the weeks of March 16 or 24? If there are specific dates/times that are best, or don’t work for you, please let me know. I also understand that you may have a deployment coming up. If that is the case, it would be useful to know when that will be, for scheduling purposes.

I look forward to hearing back from you. Please let me know if you have any questions about the logistics of the interview process.

Thank you for your time.

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Good morning,

Please allow this email to serve as an introduction to Mark Gabel who serves as an investigator for the City. Mr. Gabel will be reaching out to you to schedule a time to meet.

You don't often get email from [email protected]. Learn why this is important 826 of 2175
July 1, 2025, Item #3
5 Thank you.

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. photo

827 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 8:22 PM
To: Mark Gabel
Subject: Re: Poway - Introduction to Investigator
CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

1. I’m giving you 30 min tops / I’m considering not meeting with you at all

2. do I need an attorney to accompa
ny me?
Get Outlook for iOS
From: Mark Gabel <[email protected]>
Sent: Thursday, March 13, 2025 5:23:36 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
Thank you—I appreciate the additional information. As I mentioned in my initial email, I am trying to schedule several interviews at once. So after I have an opportunity to coordinate my schedule further, I’ll circle back with you to confirm specifics.

I fully understand that you have concerns about the investigation process. You are welcome to share your thoughts on that further when we talk, since it will help me to understand your perspective. I can also explain my role in this process from my perspective so that you have an understanding of my approach.

Regarding the logistics, we can plan to do the interview by Zoom once we schedule it.

Best,
Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]
This electronic message contains information from Van Dermyden Makus that is CONFIDENTIAL AND PRIVILEGED. The information is intended to be sent to the individual or entity named above. If you are not the intended recipient, please be aware that any disclosure, copying, dissemination or distribution of this transmission is prohibited. If you have received this electronic transmission in error, please notify us by telephone at 916.779.2402. Thank you.

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 3:19 PM
828 of 2175
July 1, 2025, Item #3
2 To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Wednesdays are "my day off" so any Wed is good for me as early as possible so I can have a "day off."

I am very untrustworthy of any investigator or attorney associated with the City of Poway, Poway Mayor, City Manager, or City Attorney (or his Rutan & Tucker substitute A. Patterson), as they have all lied incessantly for sole purpose to either get me off of City Council or make me lose the upcoming NOV 2026 Mayor race. They are all extremely unethical and use political lies and maneuvering to obtain their political goals.

I have also vowed not to step one foot inside City Hall until I'm elected Mayor in NOV 2026 because I don't trust City Manager and City Attorney for the above reasons.

I would like to do Zoom or phone rather than in person for the above reasons.

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

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

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

Water

https://poway.org/317/Water

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

https://poway.org

Please e-mail us all in 2 weeks for response if we do not respond sooner. 829 of 2175
July 1, 2025, Item #3
3 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: Mark Gabel <[email protected]>
Sent: Thursday, March 13, 2025 3:12 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
Hello Councilmember Blain,

Thank you for your response and for sharing this availability with me.

Best,

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 12:02 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

I am only available Monday, Mar. 24, 10 AM-12 PM ... I work 4 AM-9 AM and 1-5 PM every Monday

Can we do this via Zoom? or Phone?
830 of 2175
July 1, 2025, Item #3
4 Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

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

Water

https://poway.org/317/Water

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

https://poway.org

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

PUBLIC RECORDS REQUEST

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

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

From: Mark Gabel <[email protected]>
Sent: Wednesday, March 12, 2025 3:36 PM
To: Tony Blain <[email protected]>
Subject: FW: Poway - Introduction to Investigator

EXTERNAL EMAIL
Confidential

Hello Councilmember Blain,
You don't often get email from [email protected]. Learn why this is important 831 of 2175
July 1, 2025, Item #3
5 Following up on Al Ford’s email below, I am writing to begin the process of scheduling an investigative interview with you for the investigation my firm is conducting on behalf of the City of Poway.

To assist with scheduling, can you please let me know if you have availability for an approximately 2-3 hour interview during the weeks of March 16 or 24? If there are specific dates/times that are best, or don’t work for you, please let me know. I also understand that you may have a deployment coming up. If that is the case, it would be useful to know when that will be, for scheduling purposes.

I look forward to hearing back from you. Please let me know if you have any questions about the logistics of the interview process.

Thank you for your time.

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Good morning,

Please allow this email to serve as an introduction to Mark Gabel who serves as an investigator for the City. Mr. Gabel will be reaching out to you to schedule a time to meet.

Thank you.

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. photo

833 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 8:24 PM
To: Mark Gabel
Subject: Re: Poway - Introduction to Investigator
CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Please call me tomorrow / text me 1st please
Get Outlook for iOS
From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 8:21:57 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

1. I’m giving you 30 min tops / I’m considering not meeting with you at all

2. do I need an attorney to accompany me?
Get Outlook for iOS
From: Mark Gabel <[email protected]>
Sent: Thursday, March 13, 2025 5:23:36 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

Regarding the logistics, we can plan to do the interview by Zoom once we schedule it.

Best,
Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]
834 of 2175
July 1, 2025, Item #3
2 This electronic message contains information from Van Dermyden Makus that is CONFIDENTIAL AND PRIVILEGED. The information is intended to be sent to the individual or entity named above. If you are not the intended recipient, please be aware that any disclosure, copying, dissemination or distribution of this transmission is prohibited. If you have received this electronic transmission in error, please notify us by telephone at 916.779.2402. Thank you.

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 3:19 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Wednesdays are "my day off" so any Wed is good for me as early as possible so I can have a "day off."

I have also vowed not to step one foot inside City Hall until I'm elected Mayor in NOV 2026 because I don't trust City Manager and City Attorney for the above reasons.

I would like to do Zoom or phone rather than in person for the above reasons.

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

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

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

835 of 2175
July 1, 2025, Item #3
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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Mark Gabel <[email protected]>
Sent: Thursday, March 13, 2025 3:12 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
Hello Councilmember Blain,

Thank you for your response and for sharing this availability with me.

Best,

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

836 of 2175
July 1, 2025, Item #3
4 From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 12:02 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

I am only available Monday, Mar. 24, 10 AM-12 PM ... I work 4 AM-9 AM and 1-5 PM every Monday

Can we do this via Zoom? or Phone?

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

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

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

Water

https://poway.org/317/Water

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

https://poway.org

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

PUBLIC RECORDS REQUEST

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

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

837 of 2175
July 1, 2025, Item #3
5 From: Mark Gabel <[email protected]>
Sent: Wednesday, March 12, 2025 3:36 PM
To: Tony Blain <[email protected]>
Subject: FW: Poway - Introduction to Investigator

EXTERNAL EMAIL
Confidential

Hello Councilmember Blain,

To assist with scheduling, can you please let me know if you have availability for an approximately 2-3 hour interview during the weeks of March 16 or 24? If there are specific dates/times that are best, or don’t work for you, please let me know. I also understand that you may have a deployment coming up. If that is the case, it would be useful to know when that will be, for scheduling purposes.

I look forward to hearing back from you. Please let me know if you have any questions about the logistics of the interview process.

Thank you for your time.

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Good morning,
You don't often get email from [email protected]. Learn why this is important 838 of 2175
July 1, 2025, Item #3
6 Please allow this email to serve as an introduction to Mark Gabel who serves as an investigator for the City. Mr. Gabel will be reaching out to you to schedule a time to meet.

Thank you.

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. photo

839 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 8:24 PM
To: Mark Gabel
Subject: Re: Poway - Introduction to Investigator
CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

1. I’m giving you 30 min tops / I’m considering not meeting with you at all

2. do I need an attorney to accompany me?
Get Outlook for iOS
From: Mark Gabel <[email protected]>
Sent: Thursday, March 13, 2025 5:23:36 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

Regarding the logistics, we can plan to do the interview by Zoom once we schedule it.

Best,
Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]
840 of 2175
July 1, 2025, Item #3
2 This electronic message contains information from Van Dermyden Makus that is CONFIDENTIAL AND PRIVILEGED. The information is intended to be sent to the individual or entity named above. If you are not the intended recipient, please be aware that any disclosure, copying, dissemination or distribution of this transmission is prohibited. If you have received this electronic transmission in error, please notify us by telephone at 916.779.2402. Thank you.

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 3:19 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Wednesdays are "my day off" so any Wed is good for me as early as possible so I can have a "day off."

I have also vowed not to step one foot inside City Hall until I'm elected Mayor in NOV 2026 because I don't trust City Manager and City Attorney for the above reasons.

I would like to do Zoom or phone rather than in person for the above reasons.

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

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

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

841 of 2175
July 1, 2025, Item #3
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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Mark Gabel <[email protected]>
Sent: Thursday, March 13, 2025 3:12 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
Hello Councilmember Blain,

Thank you for your response and for sharing this availability with me.

Best,

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

842 of 2175
July 1, 2025, Item #3
4 From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 12:02 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

I am only available Monday, Mar. 24, 10 AM-12 PM ... I work 4 AM-9 AM and 1-5 PM every Monday

Can we do this via Zoom? or Phone?

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

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

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

Water

https://poway.org/317/Water

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

https://poway.org

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

PUBLIC RECORDS REQUEST

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

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

843 of 2175
July 1, 2025, Item #3
5 From: Mark Gabel <[email protected]>
Sent: Wednesday, March 12, 2025 3:36 PM
To: Tony Blain <[email protected]>
Subject: FW: Poway - Introduction to Investigator

EXTERNAL EMAIL
Confidential

Hello Councilmember Blain,

To assist with scheduling, can you please let me know if you have availability for an approximately 2-3 hour interview during the weeks of March 16 or 24? If there are specific dates/times that are best, or don’t work for you, please let me know. I also understand that you may have a deployment coming up. If that is the case, it would be useful to know when that will be, for scheduling purposes.

I look forward to hearing back from you. Please let me know if you have any questions about the logistics of the interview process.

Thank you for your time.

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Good morning,
You don't often get email from [email protected]. Learn why this is important 844 of 2175
July 1, 2025, Item #3
6 Please allow this email to serve as an introduction to Mark Gabel who serves as an investigator for the City. Mr. Gabel will be reaching out to you to schedule a time to meet.

Thank you.

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. photo

845 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Friday, March 14, 2025 10:54 AM
To: Mark Gabel
Subject: Re: Poway - Introduction to Investigator
CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

You are hired by the City, and you are paid by the Mayor and City Manager, who has denied me City sponsore
d legal Council.

Nothing you or the City of Poway does while Mayor Vaus and City Manager Chris Manager Hazeltine are in place is "independent."
I am declining your request for any interview. You are biased by the mere fact you are being paid by the City of Poway for your "investigation."
Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water
https://poway.org/317/Water
Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately. All e-mails can be found on Pow ay City Council web site below.
https://poway.org
846 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: Mark Gabel <[email protected]>
Sent: Friday, March 14, 2025 10:04 AM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
Confidential

Hello Councilmember Blain,

To answer your question below about an attorney, that is entirely up to you. My firm has been hired by the City to do an independent investigation for the City. Due to that role, it would be inappropriate for me to give what could be considered legal advice to any witness or party to the investigation. This question falls into that category, which means I can’t advise you (or anyone else involved in the investigation) about that.

I see that you left me a voice mail today asking for a call back. I will call you shortly. As an FYI, my schedule is pretty tight today, but if we aren’t able to connect today, I may have some time on Monday.

Thank you.

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 8:24 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Please call me tomorrow / text me 1st please
847 of 2175
July 1, 2025, Item #3
3 Get Outlook for iOS
From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 8:21:57 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

1. I’m giving you 30 min tops / I’m considering not meeting with you at all

2. do I need an attorney to accompany me?

Get Outlook for iOS
From: Mark Gabel <[email protected]>
Sent: Thursday, March 13, 2025 5:23:36 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

Regarding the logistics, we can plan to do the interview by Zoom once we schedule it.

Best,

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 3:19 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

848 of 2175
July 1, 2025, Item #3
4 Wednesdays are "my day off" so any Wed is good for me as early as possible so I can have a "day off."

I have also vowed not to step one foot inside City Hall until I'm elected Mayor in NOV 2026 because I don't trust City Manager and City Attorney for the above reasons.

I would like to do Zoom or phone rather than in person for the above reasons.

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

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

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

Water

https://poway.org/317/Water

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

https://poway.org

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

PUBLIC RECORDS REQUEST

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

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 849 of 2175
July 1, 2025, Item #3
5 From: Mark Gabel <[email protected]>
Sent: Thursday, March 13, 2025 3:12 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
Hello Councilmember Blain,

Thank you for your response and for sharing this availability with me.

Best,

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 12:02 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

I am only available Monday, Mar. 24, 10 AM-12 PM ... I work 4 AM-9 AM and 1-5 PM every Monday

Can we do this via Zoom? or Phone?

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

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

Complaints

General Service Request

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

Water

https://poway.org/317/Water

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

https://poway.org

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

PUBLIC RECORDS REQUEST

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

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

From: Mark Gabel <[email protected]>
Sent: Wednesday, March 12, 2025 3:36 PM
To: Tony Blain <[email protected]>
Subject: FW: Poway - Introduction to Investigator

EXTERNAL EMAIL
Confidential

Hello Councilmember Blain,

To assist with scheduling, can you please let me know if you have availability for an approximately 2-3 hour interview during the weeks of March 16 or 24? If there are specific dates/times that are best, or don’t work for You don't often get email from [email protected]. Learn why this is important 851 of 2175
July 1, 2025, Item #3
7 you, please let me know. I also understand that you may have a deployment coming up. If that is the case, it would be useful to know when that will be, for scheduling purposes.

I look forward to hearing back from you. Please let me know if you have any questions about the logistics of the interview process.

Thank you for your time.

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Good morning,

Please allow this email to serve as an introduction to Mark Gabel who serves as an investigator for the City. Mr. Gabel will be reaching out to you to schedule a time to meet.

Thank you.

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. photo

852 of 2175
July 1, 2025, Item #3
8 The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT 800.333.4297. Thank you.

853 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Saturday, April 12, 2025 10:45 AM
To: Mark Gabel
Subject: Re: Poway - Introduction to Investigator
CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

No sorry 100% sure you are extremely biased politically in favor of Mayor & DeHoff Write whatever you want and I will just repeat above sentence to every newspap er, TV, and news outlet in
SD & entire nation
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: Mark Gabel <[email protected]>
Sent: Friday, April 11, 2025 7:57:14 PM
To: Tony Blain <[email protected]>
Subject: FW: Poway - Introduction to Investigator

EXTERNAL EMAIL
Hello Councilmember Blain,
I wanted to reach out to you again to see if you were willing to participate in an interview for my investigation.

As I previously mentioned, the interview would help to give me your perspective and help me understand your own concerns.

I know you answered me on this previously, but thought I would check to see if your position was still the same.

Thank you.

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]
This electronic message contains information from Van Dermyden Makus that is CONFIDENTIAL AND PRIVILEGED. The information is intended to be sent to the individual or entity named above. If you are not the intended recipient, please be aware that any disclosure, copying, dissemination or distribution of this transmission is prohibited. If you have received this electronic transmission in error, please notify us by telephone at 916.779.2402. Thank you.

THINK RECYCLE.
854 of 2175
July 1, 2025, Item #3
2 From: Tony Blain <[email protected]>
Sent: Monday, March 17, 2025 1:16 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

I don’t trust you, City Manager, Attorney , or Mayor - I think you are all in this to politically attack me

Sorry

Get Outlook for iOS
From: Mark Gabel <[email protected]>
Sent: Monday, March 17, 2025 12:56:00 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
Thank you, Councilmember Blain.

I appreciate your pointing me to the emails. I will review those, but just so that you’re aware, from an investigation perspective there is no substitute for being able to ask questions and follow-up questions in a verbal conversation. So, as I mentioned, if you change your mind at some point and are willing to do that, please let me know.

Best,

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Monday, March 17, 2025 12:42 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Read 100% of my City e-mails — you will have very clear understanding of my concerns

855 of 2175
July 1, 2025, Item #3
3 Get Outlook for iOS
From: Mark Gabel <[email protected]>
Sent: Monday, March 17, 2025 11:53:31 AM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
Confidential

Hello Councilmember Blain,

Thank you for getting back to me about this and explaining your concerns.

Since the City engaged our firm to conduct this investigation, I will continue with the investigation based on the relevant witness statements and other evidence I am able to collect.

If you change your mind and decide that you are willing to be interviewed for the investigation, please let me know. If you do change your mind, your participation would help to flesh out the concerns you expressed in your complaint and allow me to understand your perspective on events.

Best,

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Friday, March 14, 2025 10:54 AM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

You are hired by the City, and you are paid by the Mayor and City Manager, who has denied me City sponsored legal Council.

Nothing you or the City of Poway does while Mayor Vaus and City Manager Chris Manager Hazeltine are in place is "independent."

I am declining your request for any interview. You are biased by the mere fact you are being paid by the City of Poway for your "investigation."
856 of 2175
July 1, 2025, Item #3
4 Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

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

Water

https://poway.org/317/Water

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

https://poway.org

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

PUBLIC RECORDS REQUEST

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

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

From: Mark Gabel <[email protected]>
Sent: Friday, March 14, 2025 10:04 AM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
Confidential

Hello Councilmember Blain,

857 of 2175
July 1, 2025, Item #3
5 To answer your question below about an attorney, that is entirely up to you. My firm has been hired by the City to do an independent investigation for the City. Due to that role, it would be inappropriate for me to give what could be considered legal advice to any witness or party to the investigation. This question falls into that category, which means I can’t advise you (or anyone else involved in the investigation) about that.

Thank you.

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 8:24 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Please call me tomorrow / text me 1st please

Get Outlook for iOS
From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 8:21:57 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

1. I’m giving you 30 min tops / I’m considering not meeting with you at all

2. do I need an attorney to accompany me?

Get Outlook for iOS
From: Mark Gabel <[email protected]>
Sent: Thursday, March 13, 2025 5:23:36 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
858 of 2175
July 1, 2025, Item #3
6 Thank you—I appreciate the additional information. As I mentioned in my initial email, I am trying to schedule several interviews at once. So after I have an opportunity to coordinate my schedule further, I’ll circle back with you to confirm specifics.

Regarding the logistics, we can plan to do the interview by Zoom once we schedule it.

Best,

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 3:19 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Wednesdays are "my day off" so any Wed is good for me as early as possible so I can have a "day off."

I have also vowed not to step one foot inside City Hall until I'm elected Mayor in NOV 2026 because I don't trust City Manager and City Attorney for the above reasons.

I would like to do Zoom or phone rather than in person for the above reasons.

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

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

Complaints

General Service Request

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

Water

https://poway.org/317/Water

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

https://poway.org

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

PUBLIC RECORDS REQUEST

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

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

From: Mark Gabel <[email protected]>
Sent: Thursday, March 13, 2025 3:12 PM
To: Tony Blain <[email protected]>
Subject: RE: Poway - Introduction to Investigator

EXTERNAL EMAIL
Hello Councilmember Blain,

Thank you for your response and for sharing this availability with me.

860 of 2175
July 1, 2025, Item #3
8 I am doing at least some other interviews for this investigation in person, and since yours is obviously an important interview, the preference is to also do it in person. That said, my priority is to get a chance to speak with you.

Best,

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]

THINK RECYCLE.

From: Tony Blain <[email protected]>
Sent: Thursday, March 13, 2025 12:02 PM
To: Mark Gabel <[email protected]>
Subject: Re: Poway - Introduction to Investigator

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

I am only available Monday, Mar. 24, 10 AM-12 PM ... I work 4 AM-9 AM and 1-5 PM every Monday

Can we do this via Zoom? or Phone?

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

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

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

Water
861 of 2175
July 1, 2025, Item #3
9 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: Mark Gabel <[email protected]>
Sent: Wednesday, March 12, 2025 3:36 PM
To: Tony Blain <[email protected]>
Subject: FW: Poway - Introduction to Investigator

EXTERNAL EMAIL
Confidential

Hello Councilmember Blain,

To assist with scheduling, can you please let me know if you have availability for an approximately 2-3 hour interview during the weeks of March 16 or 24? If there are specific dates/times that are best, or don’t work for you, please let me know. I also understand that you may have a deployment coming up. If that is the case, it would be useful to know when that will be, for scheduling purposes.

I look forward to hearing back from you. Please let me know if you have any questions about the logistics of the interview process.

Thank you for your time.

Mark C. Gabel | Senior Attorney Investigator, AWI-CH
Direct: 415.755.4836 | [email protected]
You don't often get email from [email protected]. Learn why this is important 862 of 2175
July 1, 2025, Item #3
10 This electronic message contains information from Van Dermyden Makus that is CONFIDENTIAL AND PRIVILEGED. The information is intended to be sent to the individual or entity named above. If you are not the intended recipient, please be aware that any disclosure, copying, dissemination or distribution of this transmission is prohibited. If you have received this electronic transmission in error, please notify us by telephone at 916.779.2402. Thank you.

THINK RECYCLE.

CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Good morning,

Please allow this email to serve as an introduction to Mark Gabel who serves as an investigator for the City. Mr. Gabel will be reaching out to you to schedule a time to meet.

Thank you.

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. photo

863 of 2175
July 1, 2025, Item #3

3 864 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <[email protected]>
Sent: Monday, April 14, 2025 6:54 AM
To: Mark Gabel
Subject: Fwd: HR
CAUTION: This email originated from outside Van Dermyden Makus Law Corp. Do not click links or open attachments unless you recognize the sender's email address and know the content is safe.

Alan Fenstermacher
949 500 8247
Begin forwarded message:

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 865 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 866 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]>; 867 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 868 of 2175
July 1, 2025, Item #3
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 869 of 2175
July 1, 2025, Item #3
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 870 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]>; 871 of 2175
July 1, 2025, Item #3
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
872 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
873 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
874 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

875 of 2175
July 1, 2025, Item #3
Homeless Assaults
httos://www.nbesandiego.com/news/local/victims-of-ran

CAMPING BAN ONLY GOVERNME

Homeless Assaults
httos://www.nbesandiego.com/news/local/victims-of-ran

CAMPING BAN ONLY GOVERNME

12 876 of 2175
July 1, 2025, Item #3
NO CAMPING SDMC 63.0404
IF IN NEED OF RESOURCES CALL 211 OR (858) 637-3373

13 NO CAMPING SDMC 63.0404
IF IN NEED OF RESOURCES CALL 211 OR (858) 637-3373

13 13
877 of 2175
July 1, 2025, Item #3

ip California Governor & NEWSOM REFUSES CALL OU
@CAgovernor HOMELESS NAMES PEOPLE AS LITTE!
Through the Clean California Initiative, @CaltransHQ is t cleanup, including here in National City, to advance our free, healthier state. https://x.com/CAgovernor/status/1807-

June 14, 2024

9:05 AM - Jun 30, 2024 - 10.1K Views
14 14
878 of 2175
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15 879 of 2175
July 1, 2025, Item #3
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July 1, 2025, Item #3

NO TO GOVERNMENT TAX HOUSING USE OPEN BAY MILITARY BERTHING 17 NO TO GOVERNMENT TAX HOUSING USE OPEN BAY MILITARY BERTHING 17 17

NO TO GOVERNMENT TAX HOUSING USE OPEN BAY MILITARY BERTHING 881 of 2175
July 1, 2025, Item #3

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18 882 of 2175
July 1, 2025, Item #3
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19 883 of 2175
July 1, 2025, Item #3
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
884 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.

We need a budget that's built on meaningful give-and-take, not short-term patches that will leave us worse off down the road. We must pass a balanced budget, on time.

Delaying the passing of a budget negatively affects our credit rating with wide-ranging implications.

I wrote about my concerns regarding the County budget in an Op-Ed for the Times of San Diego last week.

Action Needed - Share YOUR County Budget Priorities!
In order to advocate for the programs and departments that you care about the most, your input is critical to inform our decision making on the Board of Supervisors.

If you SUPPORT or OPPOSE making spending cuts to specific County departments, please fill out this survey by clicking here or on the blue button below.

Also, if you have additional comments or ideas related to the budget, please share them in the comment section of the survey so we can pursue the best ideas and advocate for your needs at the County.

Click Here to Share Your County Budget Priorities

Click Here to Read My Op-Ed on the County Budget

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Please forward or share this email if you know a family member, neighbor, or friend who is interested in receiving updates on the County budget.

If they're not on my Newsletter list already, they can easily subscribe by clicking the blue button below!
885 of 2175
July 1, 2025, Item #3
22 Click Here to Subscribe to Supervisor Anderson's Newsletter

It's my job to make sure County government works for you. If there is anything my office can do to assist you, please do not hesitate to reach out by using the contact form on my website for the fastest response or by calling (619) 219-2470.

As always, it's an honor to serve you
To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

J oel Anderson Signature
Joel Anderson
Supervisor, District 2

Office Locations
Supervisor Joel Anderson
Office Hours: 9:00 AM - 5:00 PM
Email: [email protected]
Website: www.supervisorjoelanderson.com
County Administration Center
Phone: 619-531-5522
El Cajon District Office
Phone: 619-219-2470

Connect with Supervisor Anderson on Social Media!
To help protect your privacy, Micros of t Office prevented aut omatic download of t his pict ure from the Internet.fac eb o o k ic o n 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.twitter icon 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.instagram icon To help protect your privacy, Micro so ft Office prevented au tomatic download of t his pict ure fr o m th e In ter n et.youtube icon 886 of 2175
July 1, 2025, Item #3

4 887 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 FPPC Form 501 Tony Blain for Mayor 2026 Mayor Steve Vaus FPPC Campaign Form 460s MAYOR VAUS/ CITY ATTORNEY More Endorsements My response to false Poway HR law firm attack: Newspaper articles Noon Prop H Virtual Press Conference Talking Points Poway Veterans Day Speech Poway Voter 5/20/24 E-mail 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 My response to false Poway HR
law firm attack:

This was solely politically motivated attack by HR law firm hired by Mayor Vaus, City Manager Chris Hazeltine, and City Attorney Alan Fenstermacher (who 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.
| made this web site to generate 100% transparency i(Xeyaatiare))

for Poway City Council meetings and to engender
888 of 2175
July 1, 2025, Item #3

5 889 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!!!
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 890 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

891 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
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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

893 of 2175
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6 894 of 2175
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From: Tony Blain
To: Chris Hazeltine
Subject: Re: Poway grant
Date: Wednesday, October 11, 2023 4:00:23 PM

EXTERNAL EMAIL
I really want to see you fired, Chris / you are unhelpful to residents and a liability for entire City of Poway. We need new helpful City Manager with a good attitude who wants to be friendly and help citizens/ voters.

Tony
On Wednesday, October 11, 2023 at 03:43:51 PM PDT, Chris Hazeltine <[email protected]> wrote:

Hi Tony-

As we’ve discussed before, the city’s website has a wealth of information; please see the below link.

https://poway.org/877/Community-Contributions-Program

Thanks

-Chris

From: Tony Blain <[email protected]>
Sent: Wednesday, October 11, 2023 9:02 AM
To: Chris Hazeltine <[email protected]>
Subject: Poway grant

EXTERNAL EMAIL
Hi, Chris,

How does American Legion apply for Poway grant?
895 of 2175
July 1, 2025, Item #3
Thank you,
Tony
Thank you,
Tony
Thank you,
Tony

Thank you,

Tony
896 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Subject: Re: Poway grant
Date: Wednesday, October 11, 2023 3:52:51 PM

EXTERNAL EMAIL
That’s not helpful, Chris, that is dismissive and disrespectful.

Tony
On Wednesday, October 11, 2023 at 03:43:51 PM PDT, Chris Hazeltine <[email protected]> wrote:

Hi Tony-

As we’ve discussed before, the city’s website has a wealth of information; please see the below link.

https://poway.org/877/Community-Contributions-Program

Thanks

-Chris

From: Tony Blain <[email protected]>
Sent: Wednesday, October 11, 2023 9:02 AM
To: Chris Hazeltine <[email protected]>
Subject: Poway grant

EXTERNAL EMAIL
Hi, Chris,

How does American Legion apply for Poway grant?

897 of 2175
July 1, 2025, Item #3
Thank you,
Tony
Thank you,
Tony
Thank you,
Tony
Thank you,

Tony
898 of 2175
July 1, 2025, Item #3

7 899 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Wednesday, June 5, 2024 1:46 PM
To: Fenstermacher, Alan
Cc: Carrie Gallagher
Subject: Re: Ballot Title
Attachments: 43418F9B-DA32-4131-BDDC-A048E49FC309.jpeg
I just received this from someone:

Just a few things, I'm in a meeting, but nothing says you have to be in person. In fact there is an explicit process for getting someone else to get nomination signatures that is NOT the candidate. I would guess the city is looking for some explicit "the candidate doesn't need to be in person"... which is silly. There isn't anything denying it. On that note the CA election code covers all elections... it clearly says "person delivering" NOT candidate. This is from just one area in the code, but words matter in legal code. Person delivering IS NOT candidate. They cannot make more restrictive law regarding election at this point (and generally can't do that to clear, explicit statements). They are limited to defining gray area, but it's already clearly defined. file:///var/mobile/Library/SMS/Attachments/50/00/A8E8F934-4096-49F2-AE68- 7EFEC0EE30CF/image000000.jpg
See attached
On Wednesday, June 5, 2024 at 11:12:33 AM MDT, Tony Blain <[email protected]> wrote:

You get paid to prevent term limits and me serving as Mayor or on Council - what am I missing? FYI - I am filing Mayor candidate papers on Nov. 6 and personally waking 40,000 doors grassroots. I will be your employer in 2026.

I will trust you to do the right thing now and you will only lose my trust if you fail to do so.

V/R
Tony Blain
On Wednesday, June 5, 2024 at 11:02:56 AM MDT, Fenstermacher, Alan <[email protected]> wrote:
900 of 2175
July 1, 2025, Item #3
2 I don’t appreciate the repeated attacks on my integrity but nonetheless, we will follow the law. The City Council has no involvement in this matter. Again, if you have legal grounds for a lawsuit, share them now and then we would have our answer, saves me much time and effort. If not, talk soon. Take care, 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.

From: Tony Blain <[email protected]>
Sent: Wednesday, June 5, 2024 10:00 AM
To: Fenstermacher, Alan <[email protected]>
Cc: [email protected]
Subject: Re: Ballot Title

Wrong - I have an less than 1 month ago. Final Army determination of my deployment was made only 2 days ago.

I am assuming you will follow your employer’s advice (Mayor, City Manager, and Council) and not help me or only do so superficially.

I will file a formal lawsuit the second you send my disqualification letter.

V/R

Tony Blain
901 of 2175
July 1, 2025, Item #3
3 On Wednesday, June 5, 2024 at 10:20:21 AM MDT, Fenstermacher, Alan <[email protected]> wrote:

I think you are misunderstanding. We are still looking into how to get you the nomination papers and get them sworn / signed being remote. It’s going to be a while as we turn over every rock to attempt to assist you (which we have no obligation to do, but doing it anyway). Stated simply - no determination has been made. All I told you yesterday that while my office continues to work on this, there is nothing I have found in state law - so far - that allows remote submission and sworn signing of nomination papers, and I cannot find anyone who has ever faced this situation before.

If you have a legal basis for filing a lawsuit the event a determination was made that there is no way to receive and file the nomination papers remotely, please provide me that legal authority now. That would prevent many hours of continued research and taxpayer expense, and resolve the issue without any lawsuit. As I said yesterday, I would think if you would be motivated to also look issue yourself or use the resources at your disposal. If decided do this and find anything relevant, please send it my way.

On that note, I appreciate what you sent over yesterday but unfortunately it doesn’t address the nomination paper procedural issue, which is the only thing at issue at the moment. To be clear, this has nothing to do with “not being able to run for office due to military deployment” as you say below.

For what it’s worth it would have also been helpful to have been informed of the deployment earlier, as I see the orders you provided to the clerk were issued in January.

Thanks.

On Jun 5, 2024, at 3:13 AM, Tony Blain <[email protected]> wrote:

Please give me a letter stating I cannot file to run for office (electronically, via affidavit, or otherwise) due my military deployment so I can file a lawsuit and go to national Press.

902 of 2175
July 1, 2025, Item #3
4 Thank you,

Tony Blain

On Tuesday, June 4, 2024 at 04:13:55 PM MDT, Fenstermacher, Alan <[email protected]> wrote:

Mr. Blain – I just responded to your first email. I think it is pretty clear from the below that my office is continuing to research this extremely unique issue, and was simply letting you know the status and asking for your assistance.

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.

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, June 4, 2024 3:06 PM
To: Fenstermacher, Alan <[email protected]>
Cc: [email protected]
Subject: Re: Ballot Title
903 of 2175
July 1, 2025, Item #3
5 Mr. Fenstermacher,

Do what you are going to do?

I will file lawsuit and contact every single newspaper and TV station in San Diego and entire country.

Respectfully,

Tony Blain

On Tuesday, June 4, 2024 at 03:05:19 PM MDT, Fenstermacher, Alan <[email protected]> wrote:

Mr. Blain –

Hope you are well. I wanted to let you know that I am looking into your question below. Candidly, we have never encountered this situation before, and thus far I have not uncovered any authority that would allow remote or electronic submission of nomination papers, or submission by authorized representative in a City election. My office is continuing to look into this, but if you are aware of any relevant legal authority – perhaps from any US Army resources – please feel free to share it with me. Thanks.

Alan B. Fenstermacher
904 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.

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, June 3, 2024 2:37 PM
To: City Clerk <[email protected]>
Subject: Re: Ballot Title

EXTERNAL EMAIL
I am stationed overseas Army 90 day tour May 29-Sept. 21, so I am unable to make appointment to come in person to file ballot papers. Can we do this any other way? Phone, FedEx, surrogate, General Power of Attorney, etc

My ballot title is “Army Officer / Businessman” - please see my attached Army orders, and my S Corporation documentation proving both titles.

Please let me know what else you require.

Thank you,

Tony Blain

905 of 2175
July 1, 2025, Item #3
7 On Monday, June 3, 2024 at 02:26:32 PM MDT, City Clerk <[email protected]> wrote:

Hello Mr. Blain,
The Candidate Nomination period is included with the Municipal Election information found on the City webpage: Election Information | Poway, CA - Official Website Ballot Designation/Title filing requirement is pursuant to Ca. Election Code Sections 13107, 13107.3 and 13107.5; Ca Code of Regulations Section 20711. Filers are responsible for providing justification for their proposed ballot designation.

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

City Hall is closed every other Friday. Please see City Calendar for dates. *Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*
From: Tony Blain <[email protected]>
Sent: Sunday, June 2, 2024 11:54 PM
To: City Clerk <[email protected]>
Subject: Ballot Title

EXTERNAL EMAIL
When is my Ballot Title due? I will use “Army Officer / Businessman” Thank you,
Tony Blain
906 of 2175
July 1, 2025, Item #3

8 907 of 2175
July 1, 2025, Item #3
(c) Upon the receipt of an executed
nomination document, the county
elections official shall give the person
delivering the document a receipt,
properly dated, indicating that the
document was delivered to the county
elections official.
(d) Notwithstanding Section 8028,
upon request of a candidate, the county
elections official shall provide the
candidate with a declaration of
candidacy. The county elections official
shall not require a candidate to sign,
file, or sign and file, a declaration of
candidacy as a condition of receiving
nomination papers.
908 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, June 18, 2024 5:22 PM
To: 'Tony Blain'
Cc: Carrie Gallagher
Subject: Nomination Papers
Attachments: 202 Filing of papers to run for office by attorney-in-fact for person deployed on active military.pdf Mr. Blain –
Hope you are well. We were able to locate a provision of the Elections Code (section 202) that addresses your situation:
202. Notwithstanding any other law, a person who is deployed on active military service outside of the state and is unable to appear to file a declaration of candidacy, nomination paper, or any other paper necessary to run for office may have that declaration or paper completed and filed by an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney. At the time of filing the declaration or paper, the attorney-in-fact shall present the original power of attorney duly signed by the deployed person. The power of attorney shall state the office that the deployed person is seeking, including the district number, if any, and shall include a declaration that the deployed person meets the statutory and constitutional qualifications for office that he or she is seeking and that if nominated, the deployed person will accept the nomination and will not withdraw. The power of attorney shall further state that the power of attorney is solely for the purpose of authorizing the attorney-in-fact to file a declaration or paper necessary to run for office. The original or a copy of the power of attorney shall be filed with and attached to the declaration or paper.

Please follow the procedure outlined
above, and coordinate with the City Clerk during the nomination period. 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 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.
909 of 2175
July 1, 2025, Item #3
§ 202. Filing of papers to run for office by attorney-in-fact for..., CA ELEC § 202 © 2024 Thomson Reuters. No claim to original U.S. Government Works. 1 West's Annotated California Codes
Elections Code (Refs & Annos)
Division 0.5. Preliminary Provisions (Refs & Annos)
Chapter 3. Nominations
West's Ann.Cal.Elec.Code § 202
§ 202. Filing of papers to run for office by attorney-in-fact for person deployed on active military service; power of attorney Effective: January 1, 2012
Currentness
Notwithstanding any other law, a person who is deployed on active military service outside of the state and is unable to appear to file a declaration of candidacy, nomination paper, or any other paper necessary to run for office may have that declaration or paper completed and filed by an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney. At the time of filing the declaration or paper, the attorney-in-fact shall present the original power of attorney duly signed by the deployed person. The power of attorney shall state the office that the deployed person is seeking, including the district number, if any, and shall include a declaration that the deployed person meets the statutory and constitutional qualifications for office that he or she is seeking and that if nominated, the deployed person will accept the nomination and will not withdraw.

The power of attorney shall further state that the power of attorney is solely for the purpose of authorizing the attorney-in-fact to file a declaration or paper necessary to run for office. The original or a copy of the power of attorney shall be filed with and attached to the declaration or paper.

Credits
(Added by Stats.2011, c. 57 (A.B.754), § 1.)
West's Ann. Cal. Elec. Code § 202, CA ELEC § 202
Current with urgency legislation through Ch. 15 of 2024 Reg.Sess. Some statute sections may be more current, see credits for details.

End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. 910 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Fenstermacher, Alan
Cc: Carrie Gallagher
Subject: Re: Ballot Title
Date: Tuesday, June 4, 2024 6:54:27 PM
Attachments: image001.png

EXTERNAL EMAIL
I am allowed to run for office as Army Reserve Officer:
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/134410p.pdf https://www.usar.army.mil/News/Article/1204173/us-congressman-serves-his-country- two-ways/
https://en.m.wikipedia.org/wiki/Lee_Zeldin
On Tuesday, June 4, 2024 at 04:27:07 PM MDT, Tony Blain <[email protected]> wrote:

I do not have time to assist you - I am deployed forward 15 miles from Iraq fighting war on terrorism.

You and Mayor and Council will do whatever you want to get Jared Wilson on City Council.

Please give me formal letter of your decision when you have made it, then I will take my next steps.

V/R
Tony Blain
On Tuesday, June 4, 2024 at 04:10:24 PM MDT, Fenstermacher, Alan <[email protected]> wrote:

Based on your response and tone, it appears you have completely misinterpreted my message. If you change your mind and would like to be helpful in connection with trying to find a way to make this work instead of combative, let me know. I would assume the only time (if any) this apparently unprecedented situation would have occurred before would be a miliary deployment, which is why I asked if you had any guidance on your end, or from resources available to you. Nonetheless, we will continue researching on our end to attempt to help you.

911 of 2175
July 1, 2025, Item #3

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, June 4, 2024 2:53 PM
To: Fenstermacher, Alan <[email protected]>
Cc: [email protected]
Subject:

Re: Ballot Title

That’s a great way to win an election - disqualify the candidate for a 90 day Army deployment.

I will not be discussing with JAG - I will force you yo disqualify me - that will make me EXTREMELY likely to win Mayor in 2026.

Tony Blain

On Tuesday, June 4, 2024 at 03:05:19 PM MDT, Fenstermacher, Alan <[email protected]> wrote:

912 of 2175
July 1, 2025, Item #3

Mr. Blain –

My office is continuing to look into this, but if you are aware of any relevant legal authority – perhaps from any US Army resources – please feel free to share it with me. Thanks.

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, June 3, 2024 2:37 PM
To: City Clerk <[email protected]
>
Subject: Re: Ballot Title

My ballot title is “Army Officer / Businessman” - please see my attached Army orders, and my S Corporation documentation proving both titles.

913 of 2175
July 1, 2025, Item #3
Please let me know what else you require.

Thank you,

Tony Blain

On Monday, June 3, 2024 at 02:26:32 PM MDT, City Clerk <[email protected]> wrote:

Respectfully,
Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]
City Hall is closed every other Friday. Please see City Calendar for dates. *Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*
From: Tony Blain <[email protected]>
Sent: Sunday, June 2, 2024 11:54 PM
To: City Clerk <[email protected]>
914 of 2175
July 1, 2025, Item #3
Subject: Ballot Title

EXTERNAL EMAIL
When is my Ballot Title due? | will use “Army Officer / Businessman” Thank you,
Tony Blain
Subject: Ballot Title

EXTERNAL EMAIL
When is my Ballot Title due? I will use “Army Officer / Businessman” Thank you,
Tony Blain
915 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Carrie Gallagher
Subject: Re: Nomination Papers
Date: Friday, June 21, 2024 12:31:47 AM
Attachments: image002.png

EXTERNAL EMAIL
Ms. Gallagher,
Do you give the same terse legal answers when Mayor or Councilmember asks you a question? You don't have to answer that question.

V/R
Tony Blain
On Friday, June 21, 2024 at 01:01:35 AM GMT+3, Carrie Gallagher <[email protected]> wrote:

Hello Mr. Blain,

This email serves as response to your request for a Zoom, WhatsApp, or Signal call to “review instructions”. Candidate Nomination binders will be prepared for distribution during the publicly noticed “Nomination Period” of July 15 through August 9, 2024. Currently, other then what is included on the City website here: Election Information | Poway, CA - Official Website , I have no additional information to
provide any individuals who have previously filed 2024, Candidate Intention Statements, Form 501.

Following your adherence to CA EC 202 and your submission of an original Power of Attorney, I am happy to schedule a 1 hour appointment as early as the first day of the nomination period beginning on July 15 with both you and your named attorney-in-fact to pull nomination papers and other necessary forms to run for office of City Council.

If you are requesting to “review instructions” for CA EC 202, I am unable to provide assistance or advise you on the process and suggest you seek assistance from an Election Attorney or Consultant.

CA EC 202: Notwithstanding any other law, a person who is deployed on active military service outside of the state and is unable to appear to file a declaration of candidacy, nomination paper, or any other paper necessary to run for office may have that declaration or paper completed and filed by an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney. At 916 of 2175
July 1, 2025, Item #3
the time of filing the declaration or paper, the attorney-in-fact shall present the original power of attorney duly signed by the deployed person. The power of attorney shall state the office that the deployed person is seeking, including the district number, if any, and shall include a declaration that the deployed person meets the statutory and constitutional qualifications for office that he or she is seeking and that if nominated, the deployed person will accept the nomination and will not withdraw. The power of attorney shall further state that the power of attorney is solely for the purpose of authorizing the attorney-in-fact to file a declaration or paper necessary to run for office. The original or a copy of the power of attorney shall be filed with and attached to the declaration or paper.

Respectfully,

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

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

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

917 of 2175
July 1, 2025, Item #3
From: Tony Blain <[email protected]>
Sent: Tuesday, June 18, 2024 8:21 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Carrie Gallagher <[email protected]>
Subject: Re: Nomination Papers

EXTERNAL EMAIL
I am requesting a phone call with City clerk to review instructions any day 9 AM - 12 noon PST

I can be reached at 858-248-1509

I am requesting the call on Zoom. WhatsApp, or Signal since O am in Kuwait and normal calls are $&$

On Wednesday, June 19, 2024 at 03:21:51 AM GMT+3, Fenstermacher, Alan <[email protected]> wrote:

Mr. Blain –

Hope you are well. We were able to locate a provision of the Elections Code (section 202) that addresses your situation:

202. Notwithstanding any other law, a person who is deployed on active military service outside of the state and is unable to appear to file a declaration of candidacy, nomination paper, or any other paper necessary to run for office may have that declaration or paper completed and filed by an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney. At the time of filing the declaration or paper, the attorney-in-fact shall present the original power of attorney duly signed by the deployed person. The power of attorney shall state the office that the deployed person is seeking, including the district number, if any, and shall include a declaration that the deployed person meets the statutory and constitutional qualifications for office that he or she is seeking and that if nominated, the deployed person will accept the nomination and will not withdraw. The power of attorney shall further state that the power of attorney is solely for the purpose of authorizing the attorney-in-fact to file a declaration or paper necessary to run for office. The original or a copy of the power of attorney shall be filed with and attached to the declaration or paper.

Please follow the procedure outlined above, and coordinate with the City Clerk during the nomination period. Thank you.

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

Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

919 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Fenstermacher, Alan
Cc: Carrie Gallagher
Subject: Re: Ballot Title
Date: Wednesday, June 5, 2024 10:12:42 AM
Attachments: image001.png

EXTERNAL EMAIL
You get paid to prevent term limits and me serving as Mayor or on Council - what am I missing?
FYI - I am filing Mayor candidate papers on Nov. 6 and personally waking 40,000 doors grassroots. I will be your employer in 2026.

I will trust you to do the right thing now and you will only lose my trust if you fail to do so.

V/R
Tony Blain
On Wednesday, June 5, 2024 at 11:02:56 AM MDT, Fenstermacher, Alan <[email protected]> wrote:

I don’t appreciate the repeated attacks on my integrity but nonetheless, we will follow the law. The City Council has no involvement in this matter. Again, if you have legal grounds for a lawsuit, share them now and then we would have our answer, saves me much time and effort. If not, talk soon. Take care, thanks.

Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly 920 of 2175
July 1, 2025, Item #3
prohibited.

From: Tony Blain <[email protected]>
Sent: Wednesday, June 5, 2024 10:00 AM
To: Fenstermacher, Alan <[email protected]>
Cc: [email protected]
Subject: Re: Ballot Title

Wrong - I have an less than 1 month ago. Final Army
determination of my deployment was made only 2 days ago.

I am assuming you will follow your employer’s advice (Mayor, City Manager, and Council) and not help me or only do so superficially.

I will file a formal lawsuit the second you send my disqualification letter.

V/R

Tony Blain

On Wednesday, June 5, 2024 at 10:20:21 AM MDT, Fenstermacher, Alan <[email protected]> wrote:

I think you are misunderstanding. We are still looking into how to get you the nomination papers and get them sworn / signed being remote. It’s going to be a while as we turn over every rock to attempt to assist you (which we have no obligation to do, but doing it anyway). Stated simply - no determination has been made. All I told you yesterday that while my office continues to work on this, there is nothing I have found
in state law - so far - that allows remote submission and sworn signing of nomination papers, and I cannot find anyone who has ever faced this situation before.

If you have a legal basis for filing a lawsuit the event a determination was made that there is no way to receive and file the nomination papers remotely, please provide me that legal authority now. That would prevent many hours of continued research and taxpayer expense, and resolve the issue without any 921 of 2175
July 1, 2025, Item #3
lawsuit. As I said yesterday, I would think if you would be motivated to also look issue yourself or use the resources at your disposal. If decided do this and find anything relevant, please send it my way.

In closing, we will be in touch as soon as we can - there is still approximately 6 weeks before the nomination period opens. We will have a final answer before then. I am sure you are anxious for the response but I appreciate your patience. For what it’s worth it would have also been helpful to have been informed of the deployment earlier, as
I see the orders you provided to the clerk were issued in January.

Thanks.

On Jun 5, 2024, at 3:13 AM, Tony Blain <[email protected] > wrote:

Please give me a letter stating I cannot file to run for office (electronically, via affidavit, or otherwise) due my military deployment so I can file a lawsuit and go to national Press.

Thank you,

Tony Blain

On Tuesday, June 4, 2024 at 04:13:55 PM MDT, Fenstermacher, Alan <[email protected]> wrote:

922 of 2175
July 1, 2025, Item #3
Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Tuesday, June 4, 2024 3:06 PM
To: Fenstermacher, Alan <[email protected]
>
Cc: [email protected]
Subject: Re: Ballot Title

Mr. Fenstermacher,

Do what you are going to do?

I will file lawsuit and contact every single newspaper and TV station in San Diego and entire country.

Respectfully,

Tony Blain

On Tuesday, June 4, 2024 at 03:05:19 PM MDT, Fenstermacher, Alan 923 of 2175
July 1, 2025, Item #3
<[email protected]> wrote:

Mr. Blain –

Hope you are well. I wanted to let you know that I am looking into your question below.

Candidly, we have never encountered this situation before, and thus far I have not uncovered any authority that would allow remote or electronic submission of nomination papers, or submission by authorized representative in a City election.

My office is
continuing to look into this, but if you are aware of any relevant legal authority – perhaps from any US Army resources – please feel free to share it with me. Thanks.

From: Tony Blain <[email protected]>
Sent: Monday, June 3, 2024 2:37 PM
To: City Clerk <[email protected]
>
Subject: Re: Ballot Title

924 of 2175
July 1, 2025, Item #3
My ballot title is “Army Officer / Businessman” - please see my attached Army orders, and my S Corporation documentation proving both titles.

Please let me know what else you require.

Thank you,

Tony Blain

On Monday, June 3, 2024 at 02:26:32 PM MDT, City Clerk <[email protected]> wrote:

Respectfully,
Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]
City Hall is closed every other Friday. Please see City Calendar for dates. *Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.* 925 of 2175
July 1, 2025, Item #3
From: Tony Blain <[email protected]>
Sent: Sunday, June 2, 2024 11:54 PM
To: City Clerk <[email protected]>
Subject: Ballot Title

EXTERNAL EMAIL
When is my Ballot Title due? I will use “Army Officer / Businessman” Thank you,
Tony Blain
926 of 2175
July 1, 2025, Item #3

8 927 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Friday, August 30, 2024 4:11 PM
To: Fenstermacher, Alan
Cc: Jared Wilson; Vanessa Springett; Vanessa Greer; Advice; Complaint Org-wide; Ginny Brown; Julie Procopio; Chris Hazeltine; Wendy Kaserman
Subject: Re: campaign signs
I honestly hope you consider resigning at some point. You are politically biased.

Have a nice weekend.

Tony
On Saturday, August 31, 2024 at 01:55:16 AM GMT+3, Fenstermacher, Alan <[email protected]> wrote:

You are the one that included him on your original email. I was replying all. Happy to just communicate with you.

Please refer sign complaints to code compliance.

Alan Fenstermacher
949 500 8247
On Aug 30, 2024, at 3:51 PM, Tony Blain <[email protected]> wrote:

Poway City Attorney,
Please take Jared Wilson and other Poway City Council candidates off of all of your future e-mails. It makes you look politically biased, but I'm very sure you are never politically biased.

Respectfully,
Tony Blain
On Saturday, August 31, 2024 at 12:40:48 AM GMT+2, Fenstermacher, Alan <[email protected]> wrote:

I already told you that I took the City Council off these emails due to Brown Act issues. I suggest you read emails first, before firing away baseless accusations – and not the first time you’ve done this to me. In a similar vein, I suggest you read the information about political signs already provided to you by the Clerk’s office in your candidate briefing, read the PMC, review the Poway GIS map, and read the notice provided to you by City Code.
928 of 2175
July 1, 2025, Item #3
2 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.

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, August 30, 2024 3:29 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Jared Wilson <[email protected]>; Vanessa Springett <[email protected]>; Vanessa Greer <[email protected]>; Advice <[email protected]>; Complaint Org-wide <[email protected]>; Ginny Brown <[email protected]>; Julie Procopio <[email protected]>; Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: campaign signs

Interesting you are leaving Jared Wilson on these e-mails, but you deleted Mayor and Council.

Mr. Fenstermacher, you appears to be political in your dealing with me, which is both unethical and questionably legal.

You really have no business being the Poway City Attorney with your obvious political leanings.

I confirmed with EACH homeowner that they in fact own the land on which my signs were placed -- I will provide you proof of that next week, after which I expect you to provide me with permission to place my campaign signs on PRIVATE property.

Tony Blain

929 of 2175
July 1, 2025, Item #3
3 On Saturday, August 31, 2024 at 12:10:46 AM GMT+2, Fenstermacher, Alan <[email protected]> wrote:

Mr. Blain – I have your 3 emails and two voicemails in the span of the past half hour asking for the same thing. The City is closed today. I will get a copy of the notice from staff when I can, and send it to you.

Please review Poway Municipal Code section 17.040.090(D). The public right-of-way means right-of-way owned by the City. Sometimes it extends from the street or sidewalk onto areas that appear to be privately owned, but are not. Poway’s GIS map can be helpful in this regard. https://powaygis.poway.org/websites/PowGIS/Please A FAQ on this topic can also be found here: https://poway.org/DocumentCenter/View/3486/Campaign-Signs-FAQ--PDF

I am sure City Code Compliance staff would be happy to disucss with you next week.

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.

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, August 30, 2024 2:56 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Jared Wilson <[email protected]>; Vanessa Springett <[email protected]>; Vanessa Greer <[email protected]>; Advice <[email protected]>; Complaint Org-wide <[email protected]>; Ginny Brown <[email protected]>; Julie Procopio <[email protected]>; Chris Hazeltine 930 of 2175
July 1, 2025, Item #3
4 <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: campaign signs

Poway City Attorney,

I never received any notice from the City of Poway.

Please give me specific definition of " public right of way, in violation of the Poway Municipal Code"

I intend to place about 3,000 more signs in front of almost EVERY District 2 home (with their permission). Some of these homes are on small streets ... some of these homes are on larger streets such as Espola Rd.

I have overwhelming support from large majority of District 2 residents and I expected to be elected with a HUGE majority of the votes.

Thank you,

Tony Blain
858-248-1509
Tony Blain for District 2 Poway City Council

On Friday, August 30, 2024 at 10:33:01 PM GMT+1, Fenstermacher, Alan <[email protected]> wrote:

Mr. Blain – as you know from a notification that was already provided to you by the City, a number of your signs were taken down along Espola Road by the City because they were in the public right of way, in violation of the Poway Municipal Code. City Hall is closed today, but my understanding is that the City provided you with pictures, showing the locations of these signs, and an explanation. If you are referring to different signs, let me know.

931 of 2175
July 1, 2025, Item #3
5 I have removed the City Council from this email chain, and place in BCC, to avoid Brown Act issues.

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

<image001.png>

_____________________________________________________
Privileged And Confidential Communication.

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, August 30, 2024 2:15 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Steve Vaus <[email protected]>; Brian Pepin <[email protected]>; Anita Edmondson <[email protected]>; Jared Wilson <[email protected]>; Vanessa Springett <[email protected]>; Peter De Hoff <[email protected]>; Vanessa Greer <[email protected]>; Advice <[email protected]>; Complaint Org-wide <[email protected]>; Ginny Brown <[email protected]>
Subject: campaign signs

Poway City Attorney and FPPC,

Please note that someone took down all of my campaign signs on Espola Rd in Poway. We have video of the person who did it and I just filed a police report and will be prosecuting to the full extent of the law.

Poway City Attorney, please let me know what you and City of Poway will do to prevent this in the future.

All of my campaign signs will be immediately replaced, as every single on of the signs were placed on private property with permission of the homeowners.

Thank you in advance for your help.
932 of 2175
July 1, 2025, Item #3
Very respectfully,
Tony Blain
858-248-1509
Tony Blain for District 2 Poway City Council
<image001.png>
6 Very respectfully,

Tony Blain
858-248-1509
Tony Blain for District 2 Poway City Council
<image001.png>
933 of 2175
July 1, 2025, Item #3
Fenstermacher, Alan <[email protected] >
Friday, August 30, 2024 4:05 PM
Tony Blain
Jared Wilson; Vanessa Springett; Vanessa Greer; Advice; Complaint Org-wide; Ginny Brown; Julie Procopio; Chris Hazeltine; Wendy Kaserman
From:

Sent:

To:

Cc:

Subject: Re: campaign signs
This is insanity. I already explained why. Have a good weekend Alan Fenstermacher
949 500 8247
On Aug 30, 2024, at 4:04 PM, Tony Blain <[email protected]> wrote:

Yet you voluntarily deleted Mayor & Council - you speak exactly like a very experienced attorney
Tony
On Saturday, August 31, 2024 at 01:55:16 AM GMT+3, Fenstermacher, Alan <[email protected]> wrote:

You are the one that included him on your original email. I was replying all. Happy to just communicate with you.

Please refer sign complaints to code compliance.

Alan Fenstermacher
949 500 8247
On Aug 30, 2024, at 3:51 PM, Tony Blain <[email protected]> wrote:

Respectfully,
Tony Blain
1 934 of 2175
July 1, 2025, Item #3
On Saturday, August 31, 2024 at 12:40:48 AM GMT+2, Fenstermacher, Alan <[email protected]> wrote:
| already told you that I took the City Council off these emails due to Brown Act issues. | suggest you read emails first, before firing away baseless accusations — and not the first time you've done this to me. In a similar vein, | suggest you read the information about political signs already provided to you by the Clerk’s office in your candidate briefing, read the PMC, review the Poway GIS map, and read the notice provided to you by City Code.

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

<imaqe001.png>

Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Friday, August 30, 2024 3:29 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Jared Wilson <[email protected]>; Vanessa Springett <[email protected]>; Vanessa Greer <[email protected]>; Advice <[email protected]>; Complaint Org- wide <[email protected]>; Ginny Brown <[email protected]>; Julie Procopio <[email protected]>; Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>
Subject: Re: campaign signs
Interesting you are leaving Jared Wilson on these e-mails, but you deleted Mayor and Council.

Mr. Fenstermacher, you appears to be political in your dealing with me, which is both unethical and questionably legal.
935 of 2175
July 1, 2025, Item #3
You really have no business being the Poway City Attorney with your obvious political leanings.
| confirmed with EACH homeowner that they in fact own the land on which my signs were placed -- | will provide you proof of that next week, after which | expect you to provide me with permission to place my campaign signs on PRIVATE property.

Tony Blain
On Saturday, August 31, 2024 at 12:10:46 AM GMT+2, Fenstermacher, Alan <[email protected]> wrote:

Mr. Blain — | have your 3 emails and two voicemails in the span of the past half hour asking for the same thing. The City is closed today. | will get a copy of the notice from staff when | can, and send it to you.

Please review Poway Municipal Code section 17.040.090(D). The public right-of-way means right-of-way owned by the City. Sometimes it extends from the street or sidewalk onto areas that appear to be privately owned, but are not. Poway’s GIS map can be helpful in this regard. https://powaygis.poway.org/websites/PowGIS/Please A FAQ on this topic can also be found
here: https://poway.org/DocumentCenter/View/3486/Campaign-Signs-FAQ--PDF

| am sure City Code Compliance staff would be happy to disucss with you next week.

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
<image001.png>
936 of 2175
July 1, 2025, Item #3

Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Friday, August 30, 2024 2:56 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Jared Wilson <[email protected]>; Vanessa Springett <[email protected]>; Vanessa Greer <[email protected]>; Advice <[email protected]>; Complaint Org- wide <[email protected]>; Ginny Brown <[email protected]>; Julie Procopio <[email protected]>; Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>
Subject: Re: campaign signs

Poway City Attorney,
| never received any notice from the City of Poway.

Please give me specific definition of " public right of way, in violation of the Poway Municipal Code"
| intend to place about 3,000 more signs in front of almost EVERY District 2 home (with their permission). Some of these homes are on small streets ... some of these homes are on larger streets such as Espola Rd.
| have overwhelming support from large majority of District 2 residents and | expected to be elected with a HUGE majority of the votes.

Thank you,
Tony Blain
858-248-1509
Tony Blain for District 2 Poway City Council
937 of 2175
July 1, 2025, Item #3
On Friday, August 30, 2024 at 10:33:01 PM GMT+1, Fenstermacher, Alan <[email protected]> wrote:

Mr. Blain — as you know from a notification that was already provided to you by the City, a number of your signs were taken down along Espola Road by the City because they were in the public right of way, in violation of the Poway Municipal Code. City Hall is closed today, but my understanding is that the City provided you with pictures, showing the locations of these signs, and an explanation. If you are referring to different signs, let me know.
| have removed the City Council from this email chain, and place in BCC, to avoid Brown Act issues. Thank you.

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

<imaqe001.png>

Privileged And Confidential Communication.

Poway City Attorney and FPPC,
938 of 2175
July 1, 2025, Item #3
Please note that someone took down all of my campaign signs on Espola Rd in Poway.

We have video of the person who did it and | just filed a police report and will be prosecuting to the full extent of the law.

Poway City Attorney, please let me know what you and City of Poway will do to prevent this in the future.

All of my campaign signs will be immediately replaced, as every single on of the signs were placed on private property with permission of the homeowners.

Thank you in advance for your help.

Very respectfully,
Tony Blain
858-248-1509
Tony Blain for District 2 Poway City Council
<image001.png>
939 of 2175
July 1, 2025, Item #3

9 940 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Fenstermacher, Alan
Cc: Carrie Gallagher
Subject: Re: Ballot Title
Date: Tuesday, June 4, 2024 3:24:19 PM
Attachments: image001.png

EXTERNAL EMAIL
This all sounds extremely political - I don’t trust you, Hazeltine, or the Mayor.

Tony
On Tuesday, June 4, 2024 at 04:13:55 PM MDT, Fenstermacher, Alan <[email protected]> wrote:

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, June 4, 2024 3:06 PM
To: Fenstermacher, Alan <[email protected]>
Cc: [email protected]
Subject: Re: Ballot Title
941 of 2175
July 1, 2025, Item #3

Mr. Fenstermacher,

Do what you are going to do?

I will file lawsuit and contact every single newspaper and TV station in San Diego and entire country.

Respectfully,

Tony Blain

On Tuesday, June 4, 2024 at 03:05:19 PM MDT, Fenstermacher, Alan <[email protected]> wrote:

Mr. Blain –

My office is continuing to look into this, but if you are aware of any relevant legal authority – perhaps from any US Army resources – please feel free to share it with me. 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
942 of 2175
July 1, 2025, Item #3
_____________________________________________________
Privileged And Confidential Communication.

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, June 3, 2024 2:37 PM
To: City Clerk <[email protected]
>
Subject: Re: Ballot Title

My ballot title is “Army Officer / Businessman” - please see my attached Army orders, and my S Corporation documentation proving both titles.

Please let me know what else you require.

Thank you,

Tony Blain

On Monday, June 3, 2024 at 02:26:32 PM MDT, City Clerk <[email protected]> wrote:

Hello Mr. Blain,
943 of 2175
July 1, 2025, Item #3
The Candidate Nomination period is included with the Municipal Election information found on the City webpage: Election Information | Poway, CA - Official Website Ballot Designation/Title filing requirement is pursuant to Ca. Election Code Sections 13107, 13107.3 and 13107.5; Ca Code of Regulations Section 20711. Filers are responsible for providing justification for their proposed ballot designation.

EXTERNAL EMAIL
When is my Ballot Title due? I will use “Army Officer / Businessman” Thank you,
Tony Blain
944 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Friday, August 30, 2024 4:11 PM
To: Fenstermacher, Alan
Cc: Jared Wilson; Vanessa Springett; Vanessa Greer; Advice; Complaint Org-wide; Ginny Brown; Julie Procopio; Chris Hazeltine; Wendy Kaserman
Subject: Re: campaign signs
I honestly hope you consider resigning at some point. You are politically biased.

Have a nice weekend.

Tony
On Saturday, August 31, 2024 at 01:55:16 AM GMT+3, Fenstermacher, Alan <[email protected]> wrote:

You are the one that included him on your original email. I was replying all. Happy to just communicate with you.

Please refer sign complaints to code compliance.

Alan Fenstermacher
949 500 8247
On Aug 30, 2024, at 3:51 PM, Tony Blain <[email protected]> wrote:

Respectfully,
Tony Blain
On Saturday, August 31, 2024 at 12:40:48 AM GMT+2, Fenstermacher, Alan <[email protected]> wrote:

I already told you that I took the City Council off these emails due to Brown Act issues. I suggest you read emails first, before firing away baseless accusations – and not the first time you’ve done this to me. In a similar vein, I suggest you read the information about political signs already provided to you by the Clerk’s office in your candidate briefing, read the PMC, review the Poway GIS map, and read the notice provided to you by City Code.
945 of 2175
July 1, 2025, Item #3
2 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.

Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

Interesting you are leaving Jared Wilson on these e-mails, but you deleted Mayor and Council.

Mr. Fenstermacher, you appears to be political in your dealing with me, which is both unethical and questionably legal.

You really have no business being the Poway City Attorney with your obvious political leanings.

Tony Blain

946 of 2175
July 1, 2025, Item #3
3 On Saturday, August 31, 2024 at 12:10:46 AM GMT+2, Fenstermacher, Alan <[email protected]> wrote:

I am sure City Code Compliance staff would be happy to disucss with you next week.

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.

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, August 30, 2024 2:56 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Jared Wilson <[email protected]>; Vanessa Springett <[email protected]>; Vanessa Greer <[email protected]>; Advice <[email protected]>; Complaint Org-wide <[email protected]>; Ginny Brown <[email protected]>; Julie Procopio <[email protected]>; Chris Hazeltine 947 of 2175
July 1, 2025, Item #3
4 <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: campaign signs

Poway City Attorney,

I never received any notice from the City of Poway.

Please give me specific definition of " public right of way, in violation of the Poway Municipal Code"

I have overwhelming support from large majority of District 2 residents and I expected to be elected with a HUGE majority of the votes.

Thank you,

Tony Blain
858-248-1509
Tony Blain for District 2 Poway City Council

On Friday, August 30, 2024 at 10:33:01 PM GMT+1, Fenstermacher, Alan <[email protected]> wrote:

948 of 2175
July 1, 2025, Item #3
5 I have removed the City Council from this email chain, and place in BCC, to avoid Brown Act issues.

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

<image001.png>

_____________________________________________________
Privileged And Confidential Communication.

Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

Poway City Attorney and FPPC,

Poway City Attorney, please let me know what you and City of Poway will do to prevent this in the future.

All of my campaign signs will be immediately replaced, as every single on of the signs were placed on private property with permission of the homeowners.

Thank you in advance for your help.
949 of 2175
July 1, 2025, Item #3
Very respectfully,
Tony Blain
858-248-1509
Tony Blain for District 2 Poway City Council
<image001.png>
6 Very respectfully,

Tony Blain
858-248-1509
Tony Blain for District 2 Poway City Council
<image001.png>
950 of 2175
July 1, 2025, Item #3

10 10

10 10
951 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Saturday, August 31, 2024 12:04 PM
To: Fenstermacher, Alan
Cc: Steve Vaus; Steve Vaus; Steve Vaus; Andrew Harder; Chris Hazeltine; Brian Pepin; Peter De Hoff; Anita Edmondson; Caylin Frank
Subject: Campaign sign Lawsuit
s
Poway City Manager Hazeltine, Poway City Attorney Alan B. Fenstermacher, Mayor Vaus, Deputy Mayor Frank & Council,
I’m filing lawsuit next week against you taking down ALL of my campaign signs on Espola Rd - ALL of them were on PRIVATE property. You allowed Vaus & Pepin signs on Espola Rd last election, AND you still allow Farm sign on Espola. SAME rules apply to ALL of us.

I am also asking for immediate resignation of Poway City Manager Hazeltine and Poway City Attorney Alan B. Fenstermacher for enforcing illegal Poway municipal code campaign sign ordinances. You cannot apply a sign ordinance for campaign signs and not all other Poway signs.

AND you cannot allow Farm, Vaus, and Pepin signs on Espola Rd, then instruct City employees to take down ONLY “Tony Blain for City Council” signs.

I will also go to all local and national newspapers with what you did above if you do not respond.

You can make lawsuit and newspaper coverage disappear by immediately replacing all of my campaign signs on PRIVATE property on Espola Rd.

You can
Respectfully,
Tony Blain
(Note: This post is about Poway and for Poway residents only. Local political discussions are allowed on Next Door)
952 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Monday, September 2, 2024 4:07 PM
To: Fenstermacher, Alan
Subject: Letter
Poway City Attorney,
1) See attached letter from
2) I do NOT give you permission to share this letter with Jared Wilson, Council , or anyone else without my explicit written permission
3) I am writing letter to California Bar to request that you are publicly reprimanded or disbarred for weaponizing your position as City Attorney in working fir my unelected political opponent in requesting this letter based on unfounded allegations by Jared Wilson 4) I will be publicly requesting your resignation in NOV 2024 and NOV 202) after I am elected to Council and later as Mayor - start looking for another job - you are unprofessional and unethical Have a great week!
Tony Blain
953 of 2175
July 1, 2025, Item #3

11 11

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

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

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

Carrie Gallagher, CMC
City Clerk

13325 Civic Center Drive
Poway, CA 92064
955 of 2175
July 1, 2025, Item #3
2 (858) 668-4535
[email protected]

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

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

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

EXTERNAL EMAIL

Good afternoon,

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

Thank you,

Tony Blain

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

Hello,

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

Thank you,

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

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

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

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

EXTERNAL EMAIL
Poway City Clerk,

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

Thank you,

Tony Blain
958 of 2175
July 1, 2025, Item #3
Location

Poway, California

Notice Text

NOTICE OF INTENT TO CIRCULATE PETITION

NOTICE IS HEREBY GIVEN by the persons whose names appear hereon of their intention to circulate the petition entitled “Term Limits for Elected Offices Initiative.” This shall serve as a formal written request that a ballot title and summary of the initiative be prepared by the City Attorney. A statement of the reasons for the proposed action as contemplated in the petition is as follows:

The intent of the petition is to establish that no person shall be elected or appointed to more than two (2) terms as an elected official in the City of Poway. For the purposes of calculating the number of terms in the limitation on term limits, the terms served by a ny person elected or appointed to office in the City of Poway shall not be aggregated with terms served by that person in another elected office in the City of Poway. For example, a single person shall serve two (2) terms as mayor, and two (2) terms as a city council member. The limitation on terms as an elected official described above shall not apply to any unexpired term to which a person is elected or appointed if the remainder of the term is less than 12 months. The term limits described in this Chapter shall apply prospectively to terms of office beginning with the November 3, 2026, election.

Signed by Arthur Blain
15230 Vali Hai Rd
Poway, CA 92064
November 6, 2024

This Initiative proposes to impose term limits on all elected offices in the City of Poway. A statement of the reasons for the proposed action as contemplated in the petition. If approved by the voters, term limits for elected officials in Poway will encourage new people to get involved in our local government, broaden the base of potential candidates, and encourage broader representation of different neighborhoods. In the history of Poway, like many other cities in San Diego County, nothing prevents council members from holding office for as many terms in which they are elected. This Initiative will establish a reasonable limit of two four-year mayoral and councilmember terms for their respective service beginning with the November 3, 2026, election. Term limits will improve our political process and provide for a more open government in the City of Poway.

Proposed Measure:

AN ORDINANCE OF THE PEOPLE OF CITY COUNCIL OF THE CITY OF POWAY,

CALIFORNIA, SETTING TERM LIMITS FOR THE ELECTED OFFICIALS IN THE 959 of 2175
July 1, 2025, Item #3
CITY OF POWAY BY ADDING A NEW CHAPTER 2.05 “TERM LIMITS FOR ELECTED OFFICIALS” TO CHAPTER 2 OF THE POWAY MUNICIPAL CODE

THE PEOPLE OF THE CITY OF POWAY DO HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals Incorporated. The foregoing Recitals are incorporated herein by reference as if set forth in full.

Section 2. New Chapter. A new Chapter 2.05 is added to Title 2 of the Poway Municipal Code to read, in its entirety, as follows:
“Chapter 2.05. TERM LIMITS FOR ELECTED OFFICIALS
Section 2.05.010. Term Limits.

No person shall be elected or appointed to more than two (2) terms as an elected official in the City of Poway. For the purposes of calculating the number of terms in the limitation on terms of office, the terms served by a person elected or appointed to one elected office in the City of Poway shall not be aggregated with terms served by that person in another elected office in the City of Poway. For example, a single person shall serve two (2) terms as mayor, and two (2) terms as a city council member.

Section 2.05.020. Elected Officials.

The term “elected official” as used in this Chapter shall mean the:

A. Mayor,
B. Member of the City Council.

Section 2.05.030. Partial Terms of Office.

The limitation on terms of office described in section 2.01.010 shall not apply to any unexpired term to which a person is elected or appointed if the remainder of the term is less than 12 months.

Section 2.05.040. Application.

The term limits described in this Chapter shall apply prospectively to terms of office beginning after the November 3, 2026, election.

Section 2.05.050. Amendments.

The City Council shall not amend the provisions of this Chapter contained in Section 2.05.030 to implement the substantive provisions of this Chapter.

Section 2.05.060. Severability.

In any subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter or any part thereof is for any reason held to be unenforceable or otherwise invalid, such decision shall not affect the validity of the remaining portion of this Chapter or any part thereof.” 960 of 2175
July 1, 2025, Item #3
Section 3. Amendment or Repeal. The City Council shall not amend or repeal the provisions of this Ordinance to implement the substantive provisions of this Ordinance.

Section 4. Severability. In any subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter or any part thereof is for any reason held to be unconstitutional or otherwise unenforceable, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The People of the City of Poway hereby declare that they would have passed each subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsection subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional or otherwise unenforceable.

Section 5. Effective Date. After its adoption by the voters, this Ordinance shall be in full force and effect ten (10) days after the vote is declared by the City Council of the City of Poway, pursuant to the provisions of Elections Code §§ 9217 and 15400 and as provided by law.

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

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

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

WE WILL LOWER WATER RATES

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

Tony Blain

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

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

EXTERNAL EMAIL
Poway City Manager,
Please consider resigning.

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

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

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

Poway City Manager,
Please consider resigning.

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

Sent:

To:

Subject:

Tony Blain <[email protected]>
Tuesday, November 26, 2024 8:52 PM
Fenstermacher, Alan
Re: Please consider resigning
We will force your resignation in 23 months when we have 3 votes on Council (hopefully dinner) Tony Blain
Sent from Yahoo Mail for iPhone
On Tuesday, November 26, 2024, 8:50 PM, Tony Blain <[email protected]> wrote:

Poway City Attorney,
Please consider resigning.

Tony Blain
sent from Yahoo Mail for iPhone
1 965 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Thursday, November 28, 2024 7:31 PM
To: Fenstermacher, Alan; Chris Hazeltine
Cc: Steve Vaus; Brian Pepin; Peter De Hoff; Anita Edmondson; Caylin Frank Subject: Notice
I'm calling for Poway City Attorneys immediate resignation AND 6 month national search for new City Manager at my FIRST Council meeting - Poway needs a fresh NEW start NEW faces NEW cooperation

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

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

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

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

TRANSPARENCY NEW INTEGRITY

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968 of 2175
July 1, 2025, Item #3

12 12

969 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFenster
[email protected]>
Sent: Saturday, November 30, 2024 2:18 PM
To: Jodene Dunphy <[email protected]>
Cc: Larsen, Joseph <[email protected]>; Chris Hazeltine <[email protected]> Subject: Fwd: Please resign

EXTERNAL EMAIL
Jodene - Chris and I are getting these on a near daily basis at this point, including Thanksgiving night, 3 am and the like. I have not responded to any of them. Seems to be rising to the level of harassment. I certainly feel harassed. Curious for your thoughts at some point Alan Fenstermacher
949 500 8247
Begin forwarded message:
970 of 2175
July 1, 2025, Item #3
2 From: Tony Blain <[email protected]>
Date: November 30, 2024 at 1:55:39 PM PST
To: Chris Hazeltine <[email protected]>, "Fenstermacher, Alan" <[email protected]>
Cc: Steve Vaus <[email protected]>, Brian Pepin <[email protected]>, Anita Edmondson <[email protected]>, Peter De Hoff <[email protected]>, Caylin Frank <[email protected]>
Subject: Please resign
Poway City Manager & Poway City Attorney,

Please resign. You have 1,300 Poway residents in only 48 hours on Nextdoor who agree.

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

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

Tony Blain

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

TRANSPARENCY NEW INTEGRITY

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3 972 of 2175
July 1, 2025, Item #3
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973 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFenster
[email protected]>
Sent: Tuesday, December 10, 2024 1:54 PM
To: Jodene Dunphy <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: RE: Harassment Complaint

EXTERNAL EMAIL
That is correct. Thanks Jodene.

Hi Alan –

I just want to conﬁrm with you our discussion that you are withdrawing a complaint of harassment at this time, reserving your right to pursue a complaint in the future. As a newly elected council member you want to give Mr.

Blain a chance to act appropriately going forward.

Thank you,

Jodene Dunphy
Human Resources & Risk Management Director
City of Poway | 13325 Civic Center Road | Poway, CA 92064 Phone: (858) 668-4413 [email protected]

975 of 2175
July 1, 2025, Item #3

13 13

976 of 2175
July 1, 2025, Item #3
AGENDA REPORT City of Poway

CITY COUNCIL

DATE: December 3, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alan Fenstermacher, City Attorney
CONTACT: Alan Fenstermacher, City Attorney
[email protected]
SUBJECT: Amendments to Chapters 2.04, 2.08 and 2.18 of the Poway Municipal Code Regarding City Council Conduct
Summary:

The City Attorney's Office, in conjunction with City staff, has been reviewing the Poway Municipal Code ("PMC") for needed updates, and has periodically brought proposed amendments to the City Council.

The proposed Ordinance (Attachment A) would amend the PMC to clarify the role of City Councilmembers in the City of Poway’s Council-Manager form of government, and ensure all members of the City Council act with proper decorum.
omm
It is recommended the City Council introduce the attached Ordinance (Attachment A) for first reading by title only, waive further reading and schedule the adoption of the Ordinance for the December 17, 2024 Regular City Council meeting.

Discussion:

As part of staff's periodic analysis of the PMC, it is recommending to amend the PMC to clarify the City Council's role in the City’s Council-Manager form of government, which is the most common form of City government in the country.

Under the Council-Manager form of government, the City Council sets policy, but has no hiring, firing or any other authority over City staff, except for the City Manager and the City Attorney. The City Council's polices are implemented by the City Manager (as well as the City Attorney), who has the hiring, firing and all authority over the remainder of City staff. It is not appropriate under the Council- Manager form of government for any individual Councilmember to make requests of a City staff member, or provide staff with direction. With respect to City business, Councilmembers’ interactions with staff should be limited only to duly convened meetings of the City Council. The Council-Manager 10f5 December 3, 2024, Item #10
977 of 2175
July 1, 2025, Item #3
form of government is analogous to a Board of Directors (Council) and Chief Executive Officer (CEO; City Manager) in the private sector.

The other form of City government is the “strong mayor” - typically seen in very large cities such as San Diego and Los Angeles - where the Mayor has direct authority over City staff, including hiring and firing authority. This form of government is not utilized in the City of Poway, and is the exception to standard practice throughout the state, and certainly for general law cities such as Poway.

The Ordinance proposes minor changes to the PMC to clarify somewhat ambiguous language to ensure that all Councilmembers comply with the requirements of the Council-Manager form of government, including with respect to adding items to City Council agendas, in compliance with the Brown Act and other state law. The proposed amendment also ensures that Councilmembers behave with decorum and are respectful in their interactions at public meetings and with City staff.

Environmental Review:

The proposed Ordinance is not a “project” subject to the California Environmental Quality Act (“CEQA”).

Fiscal Impact:

None
A. Proposed Ordinance
Reviewed/Approved By: Reviewed By: Approved
ila. Gm QL. AE
Wendy Kaserman Alan Fenstermacher Chris Hazéftirre—7
Assistant City Manager City Attorney City Manager

20f5 December 3, 2024, Item #10
978 of 2175
July 1, 2025, Item #3
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTERS 2.04, 2.08 AND

2.18 OF THE POWAY MUNICIPAL CODE
WHEREAS, City staff and the City Attorney’s Office have been progressively analyzing the Poway Municipal Code (“PMC”) and recommending updates where appropriate; and WHEREAS, the City Council of the City of Poway wishes to clarify the role of Councilmembers in the City’s Council-Manager form of government, and ensure all City Councilmembers treat each other and City staff respectfully.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:

SECTION 1: The above recitations are true and correct.

SECTION 2: Section 2.08.080(A) of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough:

Council-Manager Relations. The City Council and its members shall deal with the administrative services and staff of the City only through the City Manager, except for the purpose of inquiry and only ata duly convened meeting of the City Council. aad ANeither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual Councilmember shall give any orders or instructions to the City Manager or City Attorney. Other than the City Manager and City Attorney, the City Council shall only communicate with City staff about City business during a duly convened meeting of the City Council.

SECTION 3: Section 2.04.100, entitled “Conduct of the City Council,” shall be added to the PMC to read as follows:

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. 30f 5 ATTACHMENT A December 3, 2024, Item #10
979 of 2175
July 1, 2025, Item #3
Ordinance No.

Page 2 ends

Cc 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 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.

D. The City Council shall have the power to adopt a resolution of censure with respect to any member of the Council who violates this section 2.04.001, or any other Section of the Poway Municipal Code.

SECTION 4: Section 2.18.060 of the PMC shall be amended to add a new subdivision D, to read as follows:

A. The City Council’s agenda shall be set by the City Manager, in consultation with the Mayor. Any individual member of the City Council that wishes to place a matter on a future City Council agenda may raise the matter as a Council initiated item, and only for the purpose of discussing whether or not that matter should be placed on a future City Council agenda. The matter raised by an individual member of the City Council may be placed on a future agenda for discussion only if a majority of the membership of the City Council votes in favor of doing so.

SECTION 5: The City Council finds that this Ordinance is not a “project” pursuant to the California Environmental Quality Act (“CEQA”).

SECTION 6: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.

SECTION 7: This Ordinance shall be codified.

EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.

CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Councilmembers voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.

Mt
It
4o0f5 December 3, 2024, Item #10
980 of 2175
July 1, 2025, Item #3
Ordinance No.

Page 3 ends

INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 3rd day of December, 2024, and thereafter.

PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of December, 2024, by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
Sof5 December 3, 2024, Item #10
981 of 2175
July 1, 2025, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
December 17, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk <4

CITY COUNCIL
Carrie Gallagher, City Clerk
(858) 668-4435 or [email protected]
Second Reading and Adoption of Ordinance No. 872 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 2.04, 2.08 and 2.18 of the Poway Municipal Code"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on December 3, 2024. There was one (1) speaker.

The Ordinance is now presented for second reading and adoption by title only.

Vote at first reading:

Recommended Action:

AYES:

NOES:

DE HOFF, EDMONDSON, FRANK, VAUS
NONE
ABSTAINED: NONE
ABSENT: PEPIN
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 872.

Environmental Review:

None.

Fiscal Impact:

None.
1 of 5
982 of 2175
July 1, 2025, Item #3
Public Notification:

An ordinance summary notice was published in the Poway News Chieftain on Thursday, December 12, 2024. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.

Attachments:

A. Ordinance No. 872
Reviewed/Approved By:

Assistant City Manager
2 ofS
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
983 of 2175
July 1, 2025, Item #3

ORDINANCE
NO.
872
AN

ORDINANCE
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

AMENDING

CHAPTERS

2.04,

2.08 AND

2.18 OF
THE
POWAY

MUNICIPAL
CODE

WHEREAS,
City
staff
and
the
City
Attorney
's
Office
have
been
progressively
analyzing
the
Poway
Municipal
Code
("PMC")
and
recommending
updates
where
appropriate
; and

WHEREAS,
the
City
Council
of
the
City
of
Poway
wishes
to
clarify
the
role
of
Councilmembers
in
the
City's
Council-Manager
form
of
government,
and
ensure
all
City
Councilmembers
treat
each
other
and
City
staff
respectfully.

NOW,

THEREFORE,
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY
DOES
ORDAIN
AS
FOLLOWS:

SECTION
1:

The
above
recitations
are
true
and
correct.

SECTION
2:

Section

2.08.080(A)
of
the
PMC
is
hereby
amended
as
follows,
with
additions
in
underline,
and
deletions
in
strikethrough
:

Council-Manager
Relations.

The
City
Council
and
its
members
shall
deal
with
the
administrative
.services
and
staff
of
the
City
only
through
the
City
Manager,
except
for
the
purpose
of
inquiry
and
only
at
a
duly
convened
meeting
of
the
City
Council.
aoo
flNeither
the
City
Council
nor
any
member
thereof
shall
give
orders
or
instructions
to
any
subordinates
of
the
City
Manager.

The
City
Manager
shall
take
orders
and
instructions
from
the
City
Council
only
when
sitting
in
a
duly
convened
meeting
of
the
City
Council
and
no
individual
Councilmember
shall
give
any
orders
or
instructions
to
the
City
Manager
or
City
Attorney
.

Other
than
the
City
Manager
and
City
Attorney,
the
City
Council
shall
only
communicate
with
City
staff
about
City
business
during
a
duly
convened
meeting
of
the
City
Council.

SECTION
3:

Section

2.04.100,
entitled
"Conduct
of
the
City
Council,
" shall
be
added
to
the
PMC
to
read
as
follows
:
3 ofS
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
.

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
.

ATTACHMENT
A
984 of 2175
July 1, 2025, Item #3
Ordinance No. 872
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 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.

Page 2 ends

Poway City CouncilJuly 1, 2025

Poway City Council
July 1, 2025