CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
July 15, 2025
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER:
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL -
Present: Tony Blain (via teleconference), Jenny Maeda, Christopher J. Pikus, Peter De Hoff, Steve Vaus
STAFF MEMBERS PRESENT:
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Director of Finance Craig Schmollinger; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Fire Chief Brian Mitchell; Captain Claudia Delgado, San Diego County Sheriff's Office.
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy Mayor/Vice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE:
Deputy Mayor De Hoff led the Pledge of Allegiance.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silence.
PRESENTATIONS:
None.
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PUBLIC COMMENT:
Joe St. Lucas expressed concerns regarding the public's ability to remotely participate in public comment from the teleconferencing location of a participating Councilmember.
Anita Anders spoke in support of City leadership and discussed volunteer efforts for the Recall Tony Blain campaign.
Yuri Bohlen expressed gratitude for the City's two (2) 4'h of July fireworks shows and shared his concerns over individuals condoning Councilmember Blain's behavior.
Anita Edmondson addressed misconduct concerns related to Councilmember Blain and provided an update on the Recall Tony Blain campaign.
John Mullin shared updates on the Recall Tony Blain campaign.
CONSENT CALENDAR:
Motioned by Deputy Mayor De Hoff, seconded by Councilmember Pikus to approve Consent Calendar Items 1 through 4. Motion carried 5/0 by the following roll -call vote:
Ayes: Blain, Maeda, Pikus, De Hoff, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the April 15, 2025, and July 1, 2025 Regular City Council Meeting Minutes
3. Acceptance of the Reservoir R-4 and R-7 Rehabilitation Project with Unified Field Services Corporation, as Complete
4. Rejection of Received Bids for the Fiber Optic Improvement Project, Bid No. 25-014, and Direction to Staff to Re -Scope, Consider Alternative Options and Potentially Re -Advertise the Project if Warranted
Councilmember De Hoff highlighted the rejection of the bid as a fiscally responsible decision and praised the City's Budget Review Committee for encouraging this approach, contrasted by practices in other California cities where competitive bidding is eroded by political ambition and Project Labor Agreements (PLAs).
Deputy Mayor De Hoff spoke in opposition to PLAs for restricting contracts to union -only labor, reducing competition, increasing costs, and often leading to single or repeated bids from the same contractors. He warned that fiscal impacts from these policies are gradual but damaging, leading to higher taxes, fewer services, and broken city budgets.
ORDINANCES FOR INTRODUCTION:
None.
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PUBLIC HEARINGS:
5.— 11. Resolutions Establishing Assessments for Poway Landscape Maintenance Districts 19-1, 83-1, 86-1, 86-2, 86-3, 87-1 and the Poway Lighting District.
Mayor Vaus opened the Public Hearings for Items 5 through 11 at 7:22 p.m.
Senior Management Analyst Danielle McIntosh presented the report along with a PowerPoint presentation for Items 5 through 11. She explained the Public Hearing is to consider approval of the annual levy to collect assessments for the City of Poway's six (6) Landscape Maintenance Districts (LMD) and Poway Lighting District (PLD) in accordance with the Landscape and Lighting Act of 1972 and Proposition 218. Ms. McIntosh stated the assessment rates and service levels for Fiscal Year 2024-25 are proposed to remain unchanged from Fiscal Year 2024-25 with the exceptions of LMD 86-213 and LMD 86-313, which will increase by the annual change in CPI at 5.11%, and LMD 19-1 including a 3% inflator cap on the annual change in CPI and will increase by 3%. The landscape maintenance service levels for each LMD will remain at their current level.
Ms. McIntosh stated the PLD has three zones and noted assessments from Zone A and B fund street lighting throughout the City and assessments from Zone C fund maintenance and operation of traffic signals, flashing beacons and related equipment. FY 2025-26 assessment rates for the PLD are to remain unchanged at the FY 2024-25 rates for all three zones.
Public Comment:
Toni Bates, on behalf of the Landscape Maintenance District Advisory Group, spoke in support of Items #5 - 11.
End of Public Comment.
Mayor Vaus closed the Public Hearing for Items 5 through 11 at 7:30.
Council discussion ensued, with members emphasizing the importance of finding a balanced solution to serve the interests of LMD residents and the City as a whole. The conversation focused on the dual priorities of public safety and aesthetic upkeep. Council acknowledged resident feedback regarding the current assessment structure, particularly concerns about rising costs, and highlighted the City's ongoing financial support of the LMDs.
5. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26 Motioned by Mayor Vaus, seconded by Councilmember Pikus to adopt Resolution No. 25-026 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26." Motion carried 5/0 by the following roll -call vote:
Ayes:
Blain, Maeda, Pikus, De Hoff, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
None
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6. Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26 Motioned by Mayor Vaus, seconded by Councilmember Pikus to adopt Resolution No. 25-027 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26." Motion carried 510 by the following roll -call vote:
Ayes:
Blain, Maeda, Pikus, De Hoff, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
None
7. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26 Motioned by Mayor Vaus, seconded by Councilmember Pikus to adopt Resolution No. 25-028 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26." Motion carried 5/0 by the following roll -call vote:
Ayes:
Blain, Maeda, Pikus, De Hoff, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
None
8. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26 Motioned by Mayor Vaus, seconded by Councilmember Pikus to adopt Resolution No. 25-029 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26." Motion carried 5/0 by the following roll -call vote:
Ayes:
Blain, Maeda, Pikus, De Hoff, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
None
9. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26 Motioned by Mayor Vaus, seconded by Councilmember Pikus to adopt Resolution No. 25-030 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26." Motion carried 5/0 by the following roll -call vote:
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Ayes:
Blain, Maeda, Pikus, De Hoff, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
None
10. Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26 Motioned by Mayor Vaus, seconded by Councilmember Pikus to adopt Resolution No. 25-031 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Landscape Maintenance District No. 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26." Motion carried 5/0 by the following roll -call vote:
Ayes:
Blain, Maeda, Pikus, De Hoff, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
None
11. Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26
Motioned by Mayor Vaus, seconded by Councilmember Pikus to adopt Resolution No. 25-032 entitled "A Resolution of The City Council of The City of Poway, California, Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2025-26." Motion carried 5/0 by the following roll -call vote:
Ayes:
Blain, Maeda, Pikus, De Hoff, Vaus
Noes:
None
Abstained:
None
Absent:
None
Disqualified:
None
12. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2025-26
Mayor Vaus opened the Public Hearing at 7:34 p.m.
Finance Manager Mehrnoush Jamshidi presented the item. She stated, the City must renew its Fire Protection Special Tax as required by the County of San Diego to be placed on the property Tax Roll. Ms. Jamshidi noted the tax was originally approved by an 84% vote of the people back in 1997. She added the tax can only be spent on fire protection including personnel and equipment, she provided calculation methodologies and explained the amount to be collected hasn't changed since its adoption which remains at $3.12 per point.
Ms. Jamshidi added the estimated total tax to be collected is $654,429. She noted in FY 1997- 98 when this Special Tax was approved, the Fire Department budget was $3.2 million, and the revenue from this Special Tax was $535,000 or 17% of the budget. For FY 2025-2, the Fire Department budget is $17.2 million, and only 4% of that is covered by this Special Tax. 5of11
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She concluded by stating approval of the item would authorize collection of up to $700,000 which would ensure the authorized amount will not be exceeded if further additions to the property tax roll are made.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:36 p.m
Responding to Council questions, City staff confirmed the assessment has remained unchanged since its initial implementation and does not include any adjustment for inflation.
City Attorney Fenstermacher further clarified that adding an inflationary adjustment to the assessment would likely require approval through a City-wide vote by residents.
Council noted the item is not a rate increase for the Special Tax, rather a continuation of the tax at its current level.
Motioned by Mayor Vaus, seconded by Councilmember Maeda to adopt Resolution No. 25-033 entitled "A Resolution of The City Council of The City of Poway, California, Renewing the Fire Protection Special Tax to be Collected on the Property Tax Rolls for Fiscal Year 2025-26." Motion carried 5/0 by the following roll -call vote:
Ayes: Blain, Maeda, Pikus, De Hoff, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
13. A Specific Plan Amendment (SPA 24-0002) to the Old Poway Specific Plan (OPSP) for the establishment of a Music Overlay District (MOD) for the existing Commercial General (CG) Zone and EA25-0001, a Negative Declaration for the Music Overlay District (MOD) within the Old Poway Specific Plan
Mayor Vaus opened the Public Hearing at 7:37 p.m.
City Planner Stan Donn presented the item along with PowerPoint. Mr. Donn explained the SPA was in response to feedback from local businesses in the Old Poway area seeking to provide musical entertainment for patrons. The intent of the amendment is to enhance the vibrancy of the area and promote it as a community gathering space. In September 2024, the City contracted with Dudek to conduct the necessary analysis to support the establishment of a Music Overlay District (MOD). The proposed MOD is an amendment to the Old Poway Specific Plan (OPSP) to permit musical performances within one commercially zoned area of the plan and designated a Commercial General zone. Musical performances would be permitted with the issuance of an Administrative Use Permit (AUP) and subject to specific design standards and conditions.
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Mr. Donn explained the surrounding uses include residential properties and provided slides showing the proposed MOD area and its relationship to nearby parcels.
A noise assessment was conducted by Dudek to evaluate potential impacts from three types of musical entertainment: non -amplified live acoustic music, amplified live music, and prerecorded amplified music. Based on the study and business input, performances would be allowed between the hours of 7:00 a.m. and 10:00 p.m., with a spectator limit of 60 people.
Noise levels must remain in compliance with the Poway Municipal Code (PMC). The noise study identified acceptable sound thresholds for various settings, including outdoor performances and indoor performances.
The AUP would allow for single or multiple events under one permit. Applicants would be required to identify the performance location, anticipated noise levels, and any screening measures, with applications submitted at least 45 days in advance. Staff would evaluate the application, establish conditions of approval, and notify nearby property owners.
Mr. Donn noted a community meeting was held in Council Chambers on October 29, 2024, to present the MOD concept and receive feedback. Over 30 residents participated, with the majority expressing support. A Negative Declaration was prepared, including the noise assessment as a supporting technical study. The project was determined to have no significant environmental impacts.
Staff noted a correction to the SPA text to correctly list musical performance hours consistent throughout the remainder of the document as 7:00 a.m. to 10:00 p.m.
Public Comment:
The following individuals spoke in support of Item #13:
Chris Olps
Sharlene O'Keefe
The following individuals spoke in opposition to Item #13:
Jill LaHaye
The following individuals spoke neutrally on Item #13:
Joe St. Lucas
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:59 p.m.
Council discussion ensued supporting the expansion of live music as a cultural and entertainment potential for Old Poway Park by encouraging business activity and community engagement. Council noted the ordinance would provide a positive move toward regulated live music with clear boundaries and expectations. Council acknowledged the need to balance business interests along with noise protections for residents. 7of11
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In response to Council questions, staff provided further clarification on the permitting process —including the potential for permit revocation, distinctions between the Music Overlay District (MOD) and special event permits, and procedures for noise monitoring.
In response to Council questions, Mark Storm, Acoustic Services Manager at Dudek, explained the context of dBA levels and how the acoustic modeling demonstrates compliance with noise standards for nearby residential areas.
Councilmember Maeda proposed a substitute motion to change the live music start time from 7:00 a.m. to 9:00 a.m. Mayor Vaus offered a friendly amendment to include a six-month review to evaluate the ordinance's overall effectiveness.
Motioned by Councilmember Maeda seconded by Mayor Vaus to: adopt Resolution No. 25-034 entitled "A Resolution of the City Council of the City of Poway, California, Approving an Initial Study and Negative Declaration to the Old Poway Specific Plan (OPSP) Analyzing the Potential Impacts of Specific Plan Amendment (SPA) 24-0002 and Environmental Assessment (EA) 25-0001, for the Establishment of a Music Overlay District (MOD) Allowing Limited Indoor and Outdoor Music for Businesses Located within the Designated Areas of the Commercial General (CG) Zone"; introduce Ordinance No. 875 entitled "An Ordinance of the City Council of the City of Poway, California, Amending the Old Poway Specific Plan (OPSP) to Establish a Music Overlay District (MOD) for Limited Indoor and Outdoor Music for Businesses Located within the Southerly Commercial General (CG) Zone," waive further reading and schedule the adoption of the Ordinance for the August 5, 2025, Regular City Council meeting; and a substitute motion to amend the Project Design Feature Requirement to modify the hours of operation for any outdoor or indoor music event to not begin before 9 a.m. or extend beyond 10 p.m., and to direct City Staff to return to City Council six months after implementation to evaluate the policy's effectiveness and consider potential modifications. Motion carried 4/1 by the following vote:
Ayes:
Maeda, Pikus, De Hoff, Vaus
Noes:
Blain
Abstained:
None
Absent:
None
Disqualified:
None
STAFF REPORTS:
None.
WORKSHOPS:
None.
COUNCIL -INITIATED ITEMS:
14. Censure of Councilmember Tony Blain for Abusive and Bullying Behavior Toward City Staff Mayor Vaus presented the item, explaining he made a motion to bring forward the Resolution of Censure against Councilmember Blain at the July 1, 2025 Regular City Council meeting, in 8of11
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accordance with the requirements of the municipal code. The motion received majority concurrence from the Council.
The basis for the proposed censure stems from the results of an independent investigation, which were discussed in detail at the July 1, 2025 Regular City Council Meeting. The investigation reports indicate Councilmember Blain violated the City's workplace bullying policy, the City's Code of Ethics, and the Poway Municipal Code, due to his repeated and persistent conduct toward both the City Manager and City Attorney. Evidence for these violations includes thousands of pages of emails, interviews, and other documentation.
The investigation findings concluded Councilmember Blain: 1) made abusive and offensive statements to both the City Manager and the City Attorney, unrelated to legitimate City business; 2) made insulting and degrading remarks to both the City Manager and the City Attorney, unrelated to legitimate City business; 3) made inappropriate personal comments, belittling opinions, or unjustified criticisms toward both the City Manager and the City Attorney, unrelated to the City's legitimate business interests; and 4) spread malicious gossip, rumors, or innuendo about the City Attorney.
Mayor Vaus concluded Councilmember Blain's actions are in violation of the City's workplace bullying policy. In contrast, the investigation found no evidence to support any of the complaints made by Councilmember Blain against the City Manager or the City Attorney.
Public Comment:
Yuri Bohlen spoke in support of Item #14.
End of Public Comment.
Councilmember Blain stated there are no lawsuits filed against him and characterized the censure as politically motivated rather than legally grounded. He framed the issue as a matter of differing opinions and power struggles, not misconduct. He raised concerns about unelected individuals campaigning for his recall and reaffirmed his own commitment to representing District 2, calling for unity and a return to addressing core City issues.
Council discussion ensued. Council recounted prior conversations in which Mr. Blain was advised to cease his bullying behavior and urged him to demonstrate more integrity. Council discussed a series of past and ongoing incidents involving Mr. Blain, including prior censures, Brown Act, Fair Political Practices Commission and Public Records Act violations, misuse of City email for campaigning, and personal attacks against City staff. Council also highlighted the City's ongoing lawsuit against Mr. Blain, directly contradicting his earlier claims that no legal action had been taken.
Council noted despite repeated opportunities to correct course, Mr. Blain continues the same behavior and cited specific examples of inappropriate emails and communications. Council characterized Mr. Blain's behavior as abusive and harmful, particularly toward City staff.
Council emphasized the issue is not political, but rather a matter of protecting staff and maintaining a respectful workplace and upholding City values of professionalism and accountability. Council expressed doubt that the censure would ultimately change Mr. Blain's behavior but stated they could not remain silent in the face of abuse. Council cited findings from two independent investigations, highlighting Blain's repeated false accusations and conduct driven by malice and described his actions as defamatory and a violation of public 9of11
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trust. Council affirmed the City's commitment to protecting staff and refocusing on the community's needs.
Motioned by Councilmember Pikus, seconded by Deputy Mayor De Hoff to adopt Resolution No. 25-035 entitled "A Resolution of the City Council of the City of Poway, California, Censuring Councilmember Arthur (Tony) Blain for Abusive, Insulting Conduct in Violation of City Policies, Poway Municipal Code, and Related Misconduct." Motion carried 4/0/1 by the following vote:
Ayes:
Maeda, Pikus, De Hoff, Vaus
Noes:
Blain
Abstained:
None
Absent:
None
Disqualified:
None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember Blain shared his intention to personally purchase Neighborhood Watch signs if requested by residents and addressed community concerns regarding high water bills and fire prevention. He advocated for local Poway teen centers and discussed the potential formation of a Poway trails association, which would aim to raise funds for trail signage to support the preservation and expansion of Poway's trail system.
Councilmember Maeda announced the Poway Historical Society will be hosting the grand finale to its 60th Anniversary Celebration along Midland Road on Saturday, July 19, 2025.
Councilmember Pikus announced he will be attending the "Picnic with the Chief' event co -hosted by the Poway Kiwanis Club on Wednesday, July 16, 2025 at the Mickey Cafagna Community Center, featuring Poway Fire Chief Brian Mitchell.
Deputy Mayor De Hoff motioned to consider financial penalties for violations of the Brown Act, Poway Municipal Code, Council Code of Conduct, or attorney -client privilege at a future Regular City Council Meeting. Motion carried 4/1 by the following vote:
Ayes:
Blain, Pikus, De Hoff, Vaus
Noes:
Maeda
Abstained:
None
Absent:
None
Disqualified:
None
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) Item #15: City Attorney Alan Fenstermacher reported out City Council voted 5/0 to authorize the City Attorney's office to defend the City in Preserve Wild Poway v. City of Poway, et. al., San Diego County Superior Court, Case No. 25CU033019C
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City Manager Hazeltine recused himself from Item #16 and departed the closed session meeting.
Al Ford joined the meeting as Special Counsel for the discussion of Closed Session Item #16.
Item #16: City Attorney Fenstermacher reported out that following Councilmember Blain's refusal to voluntarily recuse himself after being advised of a conflict of interest prohibiting his participation in this item by independent special counsel, the City Council voted 4-1 (No: Blain) to exclude Councilmember Blain from the closed session discussion of the claim against the City that is based solely on his conduct. The City Council has repeatedly repudiated this conduct through censures and other actions.
The City Council voted 4-0 (with Councilmember Blain excluded due to conflict of interest) to not provide Councilmember Blain a defense or otherwise fund his defense of any lawsuit filed by the City Manager against Councilmember Blain based on the claims set forth in the demand letter, because Councilmember Blain's conduct is both outside the scope of any employment with the City and was done with actual malice. (See Government Code section 995.2) CLOSED SESSION:
15. Conference with Legal Counsel — Existing Litigation Pursuant to Government Code § 54956.9(d)(1)
Name of Case: Preserve Wild Poway v. City of Poway, et. al., San Diego County Superior Court, Case No. 25CU033019C
16. Conference with Legal Counsel — Anticipated Litigation Pursuant to Government Code § 54956.9(d)(2) - Significant Exposure to Litigation One (1) Case
ADJOURNMENT:
Mayor Vaus recessed the Regular City Council meeting into Closed Session at 8:54 p.m.
The meeting was adjourned at 9:53 p.m.
Carrie Gallagher, CMC
City Clerk
City of Poway, California
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