CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
November 4, 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: Jenny Maeda , Christopher J. Pikus, Peter De Hoff, Steve Vaus
Absent: Tony Blain
STAFF MEMBERS PRESENT:
City Manager Chris Hazeltine; 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; Director of Community Services Audrey Denham; Fire Chief Brian Mitchell; Captain Claudia Delgado, San Diego County Sheriff's Office.
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/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.
PUBLIC COMMENT:
None.
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CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to approve Consent Calendar Items 1 through 5. Motion carried 4/0/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Maeda, Pikus, De Hoff, Vaus
None
None
Blain
None
Motioned by Councilmember Pikus, seconded by Deputy Mayor De Hoff to approve Consent Calendar Item 6. Motion carried 3/0/1/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Pikus, De Hoff, Vaus
None
Maeda
Blain
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the August 5, 2025 Regular City Council Meeting Minutes
3. Resolution No . 25-045 , Authorization to Purchase One (1) Medium-Duty Cab and Chassis with Utility Body and One ( 1) Light-Duty Pickup Truck and Appropriation of Funds 4 . Acceptance of Booster Pump Replacement ; Bid No. 25-003 with Blue Pacific Engineering Construction , Inc., as Complete
5. Acceptance of the Neighborhood Sidewalks Garden Road Project with HSCC, Inc ., as Complete
6 . Amendment to Legal Services Agreement with Colantuono, Highsmith & Whatley, PC Item #6 was pulled for discussion at the request of Councilmember Maeda.
Council discussion ensued . Councilmember Maeda reiterated her prior opposition to initiating litigation noting a desire to avoid unnecessary expenditures of taxpayer funds.
Council emphasized the purpose of the litigation is to recover missing City records required under the California Public Records Act and to ensure the City can meet its legal obligations .
Staff clarified the records at issue were redirected from the official City email system to a private email account, preventing staff from accessing or retrieving them.
Council discussed the importance of transparency and open government and noted the City has pursued these remedies only after other efforts to obtain the records were unsuccessful.
Council acknowledged their reluctance to spend public funds and the cost implications of litigation but stated the City has a responsibility to protect public records and comply with State law. Council supported continuing the action to recover records and seek reimbursement of legal expenses, concluding to do so would allow the case to move forward. 2 of 5
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At the request of Mayor Vaus, City Attorney Fenstermacher summarized the circumstances leading to the current litigation. He noted the City has received multiple Public Records Act (PRA) requests seeking communications from Councilmember Blain's private email and text accounts , as required when those communications involve City business. Staff made several attempts to obtain the records, but Councilmember Blain's responses indicated deleted materials, later claims that no City business existed outside the official City email system, and ultimately a refusal to continue responding or to sign affidavits confirming required records searches.
Mr. Fenstermacher noted concerns that incomplete responses could expose the City to legal risk. A resident also provided a text message from Councilmember Blain referencing the use of an encrypted, auto-deleting messaging application to avoid PRA compliance, which heightened staff's concerns. Given these circumstances, outside counsel was consulted and advised that litigation was necessary to ensure the City did not inadvertently aid in the withholding or destruction of public records.
Discovery has since confirmed numerous records were deleted or withheld, and Councilmember Blain continues to use private email for City business . Mr. Fenstermacher reported outside counsel has prevailed on various discovery motions and continues to lead the case. Resolution remains possible if records are produced and statutory obligations are met, but ongoing noncompliance has extended the litigation and necessitated the request for additional funding
ORDINANCES FOR INTRODUCTION:
None .
PUBLIC HEARINGS:
7. Minor Conditional Use Permit 25-0003 and Minor Development Review 25-0009, a Request for a New Outdoor Sales and Display Area at the Vacant Lot at 12664 Poway Road for Tractor Supply Company, zoned Commercial Office, within the Poway Road Specific Plan (APN 317- 490-83)
Mayor Vaus opened the Public Hearing at 7: 18 p.m.
Associate Planner Mary Piscitelli presented the item along with a PowerPoint presentation.
She explained the area would serve as an accessory use to the proposed Tractor Supply Company store located immediately north of the site.
Ms. Piscitelli noted outdoor sales and display are permitted under the Poway Road Specific Plan (PRSP) within the Commercial Office (CO) district; however, because the display area is not adjacent to the front of the building, a Minor Condition Use Permit (MCUP) is required under the Poway Municipal Code (PMC). The site lies within the Poway Crossings Shopping Center.
Staff reviewed aerial images and site plans showing the project's relationship to surrounding commercial, office, and residential uses. Hours of operation, design features including landscaping, location and parking were discussed. Ms. Piscitelli stated the project qualifies for a CEQA exemption under Section 15332 for infill development consistent with the General 3 of 5
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Plan, Specific Plan , and PMC. It was noted the project meets all objective PMC standards and is consistent with the General Plan and PRSP .
A neighborhood meeting was held on August 18, 2025, with five attendees, no adverse comments were received. One question regarding parking impacts from a nearby auto dealership was raised; the property owner has met with the dealership to address the issue.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:23 p.m.
Council discussion ensued. Councilmembers expressed support for the proposed store and outdoor sales area, noting the shopping center has experienced multiple vacancies and is in need of revitalization. Council commented that the project is expected to bring renewed activity to the Poway Road corridor, consistent with the goals of the Poway Road Specific Plan.
Council addressed concerns about impacts on existing local businesses and thanked staff and the applicant for their collaborative work throughout the review process, acknowledging they have addressed neighborhood concerns .
Motioned by Councilmember Pikus, seconded by Deputy Mayor De Hoff to adopt Resolution No. 25-046 entitled "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 25-0003 and Minor Development Review 25-0009, for New Outdoor Sales and Display Area for the New Tractor Supply Company, at the Vacant Lot Within the Poway Crossings Shopping Center, in the Poway Road Specific Plan, and Located at 12664 Poway Road; Assessor Parcel Number 317-490-83", and make the determination the project does not require additional California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines 15332 (Infill Development Projects). Motion carried 4/0/1 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
STAFF REPORTS:
None.
WORKSHOPS:
None .
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Maeda, Pikus, De Hoff, Vaus
None
None
Blain
None
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City of Poway-Minutes -November 4, 2025
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Pikus announced that he will attend the 11th Annual Poway Padres Heroes Softball Game on Friday, November 7, 2025, at Sportsplex USA Poway. He also noted the upcoming Veterans Day holiday on Tuesday, November 11, 2025.
Councilmember De Hoff announced he will be umpiring the 11th Annual Poway Padres Heroes Softball Game.
Mayor Vaus reminded residents that they have until 8:00 p.m. to cast their vote in the November 4, 2025 Special Election, with voting available at the Community Center or Lake Poway Pavilion.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) City Attorney Fenstermacher report out from the November 4, 2025, 6:45 p.m. Special City Council Meeting Closed Session item: the City Council voted 4/0/1 (Absent: Blain) to authorize the City Attorney to defend the City against the case K&M Investments v. City of Poway, San Diego Superior Court Case No. 25CU055842C.
CLOSED SESSION:
None.
ADJOURNMENT:
The meeting was adjourned at 7:30 p.m.
Carrie Gallagher,CMC
City Clerk
City of Poway, California
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