PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of August, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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August 5, 2025, Item #11
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EXHIBIT A
2024 PRIVATE WEED AND NUISANCE ABATEMENTS
Private Property Weed Abatements to be Assessed to Tax Rolls Assessor's Parcel Number Invoice Amount
3147111900 $423.12
3175730800 $534.91
2784372300 $721.38
3210112500 $768.22
3220410700 $845.83
3175200500 $2,342 .36
3220401600 $6,196.46
3210805100 $6,823.60
3210702000 $8,547.04
3220110600 $12,620.66
Total to be Assessed $39,823.58
Resolution No. 25-
August 5, 2025, Item #11
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
August 5, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, CMC, City Clerk ~
Carrie Gallagher, CMC, City Clerk
(858) 668-4535 or [email protected]
CITY COUNCIL
Accepting Certificate of Sufficiency; Calling, Ordering, and Giving Notice of a Special Municipal Election for the Submission of the Question of the Recall of a Certain Officer and Requesting the City Council of the City of Poway Direct the San Diego County Registrar of Voters to Render Services to the City Relating to the Conduct of a Special Municipal Election
On March 19, 2025, a Notice of Intention to Circulate a Recall Petition for Councilmember Anthony (Tony) Blain, District 2 was filed in the Office of the City Clerk. The Petition for Recall form met the statutory requirements and, therefore, was approved for signature circulation on April 17, 2025.
Proponents were required to collect no less than 2,425 valid signatures of registered voters in District 2 within 90 days.
The proponents timely submitted the petition to the City Clerk's Office on July 16, 2025.
Representatives from the San Diego Registrar of Voters (ROV) were present when the petition was submitted to the City Clerk's Office and throughout the prima facie review . Following the completion of the prima facie review, which determined the recall petition met the minimum signature requirement, the ROV representatives immediately took possession of the petition. The ROV verified the signatures on the petition and any withdrawal forms. On July 30, 2025, a Certificate of Sufficiency was issued. As required by law, the City Clerk shall submit the Certificate of Sufficiency/Verification of Signatures on petition to the City Council at its next regular meeting.
Recommended Action:
It is recommended the City Council:
1) Adopt the Resolution to accept the certification of the San Diego County ROV as to the sufficiency of signatures on the petition to Recall District 2 Councilmember Anthony (Tony) Blain, in accordance with the requirements of California Elections Code §§11227 and 11240; 2) Adopt a Resolution to call, order, and give notice of the holding of a Special Municipal Election to be held in District 2 of the City of Poway on Tuesday, November 18, 2025 for the submission of the question of the recall of Councilmember Anthony (Tony) Blain; and requesting the City 1 of 10
August 5, 2025, Item #12
Council direct the San Diego County ROV to render services to the City relating to the conduct of a Special Municipal Election; and
3) Authorize the appropriation of up to $305,000 to the City Clerk's Fiscal Year (FY) 2025-26 Election Services budget to cover the San Diego ROV costs associated with administering the special election, as well as other ancillary costs including noticing and translations required by California Elections Code.
Discussion:
On March 19, 2025, a Notice of Intention to Circulate a Recall Petition for Poway Councilmember Anthony (Tony) Blain, District 2 was filed in the Office of the City Clerk. The Petition for Recall form met the statutory requirements and, therefore, was approved for signature circulation on April 17, 2025 Pursuant to California Elections Code §§11220 and 11221, the proponents were required to collect no less than 2,425 valid signatures of registered voters in District 2 of the City. This number represents twenty-five percent (25%) of registered voters in District 2, according to the April 1, 2025 Secretary of State Report of Registration to the San Diego County ROV, and prior to the finding by the elections official that no alterations were required in the form of the recall petition. These signatures were required to be submitted within 90 days from the date the petition was approved for circulation.
The proponents timely submitted the petition with the City Clerk on July 16, 2025. The Office of the City Clerk, with support from representatives from the San Diego County ROV, completed the required prima facie review ·of signatures and determined the recall petition met the minimum signature requirement. Following the completion of the prima facie review, the petition was immediately transferred to the San Diego County ROV for formal verification of signatures. Pursuant to California Elections Code §11224, the San Diego County ROV verified the signatures on the petition and any withdrawal forms.
A Certificate as to Verification of Signatures on Petition was provided to the City from the ROV on July 30, 2025 (Attachment A, Exhibit A to the Resolution), which indicated the number of valid signatures on the petition was sufficient. Pursuant to Elections Code §11227, if the signatures on the petition are found to be sufficient, the City Clerk shall submit the Certificate of Sufficiency/Verification of Signatures on Petition to the City Council at its next regular meeting. The Certificate contains all of the information required by Elections Code §11227.
Proposed Election Date:
Pursuant to California Elections Code §§11240-11242, following the receipt of the Certificate of Sufficiency/Verification of Signatures on Petition, the City Council is required to call for a recall election, by resolution (Attachment B), to determine if the elected officer shall be recalled. An election shall not be held less than 88 nor more than 125 days from the date the election is ordered.
Based on the date of August 5, 2025 for calling and ordering the election, the election must take place on a Tuesday between Nov 1, (88th day) and Dec 8, (125th day), 2025 and not on a holiday. After conferring with the ROV and to avoid holidays, the ROV informed the City that November 18, 2025 would be its preferred date to hold the Special Election. City staff agrees, and recommends that this be the date of the recall election.
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August 5, 2025, Item #12
The Recall Ballot:
The question to be submitted to the voters of District 2 of the City of Poway shall appear on the ballots in substantially the following form:
Shall Anthony {Tony) Blain be recalled {removed) YES
from the Office of Councilmember of District 2 of
the City of Poway? NO
Pursuant to California Elections Code §11382, there shall not be an election for a successor in a recall of a local officer. If a majority votes on a recall proposal for a local officer are "Yes", the officer is removed and the office shall be vacant until it is filled according to law, i.e., Government Code §36512.
Resolution 25-007 adopted a City Council policy to fill City Council vacancies occurring within the first eighteen months of office by special election.
Ordering of Election:
Attachment Bis a resolution to call, order, and give notice of the holding of a Special Municipal Election in District 2 of the City of Poway and other provisions, such as:
• Calling for a Special Municipal Election to be held on Tuesday, November 18, 2025 based on the date of August 5, 2025 for calling and ordering the election. • Requesting the services of the San Diego County ROV - In accordance with §10002 of the California Elections Code, the City requests that the County render full election services relating to the conduct of a Special Election.
• The vote center location and hours of operation, ballot drop box location and hours of operation, vote-by-mail procedures and timing, election officers and all other persons and procedures shall be those utilized by the San Diego County ROV in order to properly and lawfully conduct a special municipal election.
• The officer whose recall is being sought may submit a candidate statement to be included in the voter information guide. The cost of the candidate statement is wholly paid for by the recalled officer and the cost includes translation and printing. An estimated cost is yet to be determined by the San Diego County ROV.
Environmental Review:
None.
Fiscal Impact:
The ROV provided an estimated cost of $225,000-$300,000 to conduct the special election. Staff is recommending the City Council appropriate up to $305,000 to the City Clerk Election Services budget (101010-49100). This will include an initial deposit to the ROV, ancillary costs associated with noticing 3 of 10
August 5, 2025, Item #12
the election, and the final invoice to be received after the election.
Public Notification:
None.
Attachments:
A. Resolution accepting certification of the San Diego County ROV as to the sufficiency of signatures
B. Resolution calling, ordering, and giving notice of a Special Election Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chr~
City Manager
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August 5, 2025, Item #12
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ACCEPTING THE CERTIFICATION OF
THE SAN DIEGO COUNTY REGISTRAR OF VOTERS AS TO THE
SUFFICIENCY OF SIGNATURES ON THE PETITION TO RECALL
DISTRICT 2 COUNCILMEMBER ANTHONY (TONY) BLAIN
WHEREAS, on March 19, 2025, a Notice of Intention to Circulate Recall Petition for District 2 Council member Anthony (Tony) Blain was filed with the Office of the City Clerk; WHEREAS, on April 17, 2025, the City Clerk determined the Petition for Recall form met the statutory requirements and, therefore, was approved for signature circulation; WHEREAS, pursuant to California Elections Code §11221 (a)(2), the number of signatures required to qualify a recall petition for a recall election must be equal in number to not less than the following percent of registered voters in the electoral district: Twenty-five percent (25%) if the registration is less than 10,000 but at least 1,000;
WHEREAS, according to the current Statement of Registration dated April 1, 2025 by the Secretary of State to the San Diego County Registrar of Voters, in accordance with Elections Code § 11221, prior to the finding by the elections official that no alterations were required in the form of the recall petition pursuant to § 11042, District 2 in the City of Poway had 9,697 registered voters, and therefore the number of verified signatures required was 2,425; WHEREAS, on July 16, 2025, the recall petition was submitted to the Office of the City Clerk in accordance with California Elections Code §§11220 and 11222 and prior to the deadline of July 16, 2025;
WHEREAS, after completing the prima facie review of signatures, the Office of the City Clerk determined that the recall petition contained the minimum number of signatures and submitted it to the San Diego County Registrar of Voters for signature verification; WHEREAS, the San Diego County Registrar of Voters provided a "Certificate as to the Verification of Signatures on Petition" attached hereto as Exhibit "A"; and WHEREAS, California Elections Code §11227 requires the certificate as to the sufficiency/verification of signatures to be submitted to the City Council at its next regular City Council meeting following the certification.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City Council of the City of Poway hereby accepts the Certificate as to the Verification of Signatures on Petition from the San Diego County Registrar of Voters regarding the petition to recall District 2 Councilmember Anthony (Tony) Blain.
II
II
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August 5, 2025, Item #12
ATTACHMENT A
Resolution No. 25-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of August, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED :
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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August 5, 2025, Item #12
Exhibit A
illouni14 of ~ctn J§ie£o
CYNTHIA L. PAES REGISTRAR OF VOTERS
Registrar of Voters County Operations Center Campus
5600 Overland Avenue. Suile 100. San Diego. California 92123·127B Resolution No. 25-
SHAWN K. BROM
Assistant Registrar of Voters
Telephone: (B58) 565·5B00 TOll•free: 1 (BOO) 696· □ 136 TTY I TDD: (800) 735·2929 July 30, 2025
Carrie Gallagher, City Clerk
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Facsimile: (858) 505•7294 Web Address: www.sdvote com
Re: Poway City Council District 2 Recall
The Recall Petition for Poway Councilmember Anthony Blain - District 2 was filed with the Registrar of Voters on July 16, 2025. As directed by your office, the Registrar of Voters conducted a verification of up to the required number of valid signatures from the petition. A total of 2,529 signatures were verified out of 2,946 submitted. A total of 2,425 signatures have been verified to be valid. Results of the verification process are as follows:
CERTIFICATION OF RESULTS:
• Number of sections submitted .................................. ............................................................... 788 • Number of signatures submitted ........................................................................................... 2,946 • Number of signatures verified .............................................................................................. 2,529 • Number of signatures found to be valid ............................................................................... 2,425 • Number of signatures found not to be valid ..................................................... ...................... .104 • Number of signatures required ............................................................................................. 2,425 If you have questions, please contact me at (858) 505-7202 or Javier De Anda at (858) 505-7302.
Registrar of Voters
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August 5, 2025, Item #12
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, CALLING, ORDERING, AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN DISTRICT 2 OF THE CITY OF
POWAY ON TUESDAY, NOVEMBER 18, 2025 FOR THE
SUBMISSION OF THE QUESTION OF THE RECALL OF A
CERTAIN OFFICER; AND REQUESTING THE CITY COUNCIL
DIRECT THE SAN DIEGO COUNTY REGISTRAR OF VOTERS
TO RENDER SERVICES TO THE CITY RELATING TO THE
CONDUCT OF A SPECIAL MUNICIPAL ELECTION
WHEREAS, under the provisions of the laws relating recalls of local elected officials in the State of California, a petition seeking the recall of District 2 Councilmember Anthony (Tony) Blain, was circulated and submitted to the Office of the City Clerk on July 16, 2025, in accordance with California Elections Code §§11220 and 11222, and prior to the deadline of July 16, 2025; WHEREAS, the San Diego County Registrar of Voters provided certification as to the Verification of Signatures on Petition verifying that the recall petition contained not less than the required number of signatures to qualify the recall for the ballot (twenty-five percent (25%) of the voters of District 2 of the City of Poway);
WHEREAS, the Certificate as to the Verification of Signatures on Petition was presented to the City Council of the City of Poway at the August 5, 2025 Regular City Council meeting; WHEREAS, California Elections Code §11240 requires the City Council to issue an order stating that an election shall be held to determine whether or not the officer named in the petition shall be recalled within fourteen (14) days after the meeting at which the certificate of sufficiency was received;
WHEREAS, California Elections Code §11242 requires the election be held not less than 88, nor more than 125 days after the issuance of the order.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: Submission of Question.
A. Pursuant to the California Elections Code, a Special Municipal Election is called and ordered to be held in District 2 (City Council District Map adopted by Ordinance No. 852 on February 15, 2022) in the City of Poway, California, on Tuesday, November 18, 2025, for the purpose of submitting the question of the recall of District 2 Councilmember Anthony (Tony Blain.
B. The question to be submitted to the voters of District 2 of the City of Poway shall appear on the ballots in substantially the following form:
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August 5, 2025, Item #12
ATTACHMENT B
Shall Anthony (Tony) Blain be recalled (removed) from
he Office of Councilmember of District 2 of the City of Poway?
YES
NO
Resolution No. 25-
C. The vote requirement of the question to pass is a majority (50%+1) of the votes cast.
SECTION 2: Election Procedures .
A. The ballots to be used at the special municipal election shall be in the form and content as required by law.
B. Pursuant to California Elections Code § 11327, the recalled office may file a statement of not more than two hundred words (200) words with the City Clerk, in accordance of California Elections Code § 13307, to be sent to each voter, together with the voter information guide.
C. In accordance with Section 10002 of the California Elections Code, the City requests the County Election Department/Registrar of Voters render full election services to the City of Poway as may be requested by the City Clerk, with the County to be reimbursed in full for such services as are performed upon presentation of appropriate invoices.
D. The City Clerk is authorized to contract and coordinate with the San Diego County Registrar of Voters, in order to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the special municipal election.
E. The vote center location and hours of operation, ballot drop box location and hours of operation , vote-by-mail procedures and timing, election officers and all other persons and procedures shall be those utilized by San Diego County Registrar of Voters in order to properly and lawfully conduct a special municipal election .
F. In all particulars not recited in this Resolution , the special municipal election shall be held and conducted as provided by law for holding municipal elections in the City.
G. Notice of the time and place of holding the special municipal election is given and the City Clerk is authorized , instructed and directed to give further or additional notice of such election , in time, form, and manner as required by law.
H. All ballots shall be tallied at a central counting place and not at the precincts. The central counting place shall be at a County center as designated by the San Diego County Registrar of Voters.
I. The San Diego County Registrar of Voters is hereby authorized to canvass the returns of the special municipal election.
J. The City Clerk of the City of Poway shall receive the canvass from the County as it pertains to the special municipal election, and shall timely certify the results to the City 9 of 10
August 5, 2025, Item #12
Council, as required by law.
Resolution No. 25-
SECTION 3: Delivery of Resolution to County. The City Clerk shall attest to the adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver certified copies of this Resolution to the Clerk of the Board of Supervisors of San Diego County and to the San Diego County Registrar of Voters.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of August, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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August 5, 2025, Item #12