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Summary:
AG EN DA REPORT City of Poway
November 7, 2025
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
[email protected]
Alan Fenstermacher, City Attorney
[email protected]
Discussion and Possible Action to Fill City Council Vacancy
CITY COUNCIL
On November 4, 2025, former District 2 Councilmember Tony Blain was the subject of a recall election, and unofficial election night results show over 80% voting in favor of the recall. However, on the morning of November 5, 2025, former Councilmember Blain resigned effectively immediately (Attachment A). The recall vote must still be certified by the City Council once the San Diego County Registrar of Voters (ROV) has completed its process, but due to Mr. Blain's resignation, the City Council seat is already vacant, effective November 5, 2025, as opposed to a vacancy occurring in early December 2025.
Pursuant to Government Code section 36512, the City Council must take action within 60 days of the vacancy -on or before January 4, 2026 -to either appoint a replacement or call a special election to fill the vacant seat. On April 15, 2025, the City Council adopted Resolution No. 25-007 stating that it is the official policy of the City Council that all vacancies occurring within the first eighteen months of a Councilmember's four year term shall be filled by special election. This vacancy qualifies as such a vacancy, as it occurs approximately 11 months into former Councilmember Blain's term.
Recommended Action:
It is recommended the City Council provide direction to City staff on bringing back a resolution to call a special election to fill the vacant District 2 City Council seat, or continue this item for further discussion.
Discussion:
City staff assumes that pursuant to Resolution No. 25-007, the City Council will call a special election to fill the office for the unexpired term of the District 2 City Council seat, which expires in November 2028. The special election must be held on the next regularly established election date that is not less than 114 days from the calling of the special election (Gov. Code§ 36512(b)(1)). As a result, any standard by mail and in person special election called by the City Council on or before December 20, 2025 would occur on the regularly established April 14, 2026 election date (Elec. Code § 1000). An 1 of3 November 7, 2025, Item #1
election called after that date would occur on the regularly established June 2, 2026 election, which is also the date of the statewide primary. For a "small city" all-mail (no in-person voting) election, the City Council would need to first adopt a resolution authorizing such an election, and it would occur on May 5, 2026 (Elec. Code§§ 4004(c)(1 ), (2); 1500).
City staff has asked the ROV to estimate costs of the special election on the foregoing dates, but has not yet received a response.
City staff is looking for direction from the City Council, consistent with the foregoing provisions of state law and Resolution No. 25-007.
Environmental Review:
This informational report and potential action regarding filling a vacancy is not a "project" subject to California Environmental Quality Act (CEQA).
Fiscal Impact:
While the City is still waiting for an estimate from the ROV for special election costs, it is likely to be low to mid six figures. City staff does not expect to receive an estimate until after the November 2025 election is certified.
Public Notification:
None.
Attachments:
A. Resignation Email from Councilmember Blain
Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
November 7, 2025, Item #1
From:
To:
Cc:
Tony Blain
Fenstermacher. Alan
Subject:
Chris Hazeltine: John Mullin; John Couvrette: Anita Edmondson ; David Grosch Re: request
Date: Wednesday, November 5, 2025 2:58:29 AM
Mr. Fenstermacher & Councilmembers:
I am retracting my entire request for information regarding the time line of the upcoming District 2 Special Election and hereby formally submit my resignation from Poway City Council effective immediately due to being unable to fulfill my duties as an active duty deployed service member.
Please always be guided by what's best for Poway residents and families and not primarily by political paiiies or campaign contributions. Please leave Poway a better place for our families and children.
My wife always tells me, "Do what brings you joy," and although being on Council is noble, it definitely has never brought me joy or fulfillment.
You have my promise I will never again seek any public office and I will never again attend any future Poway City Council meetings.
Please see Press Release later today.
VR
Councilmember Tony Blain
Sent from Yahoo Mail for iPhone
On Wednesday. November 5. 2025. 9:-1-1 AM. Tony Blain \\ rote :
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Mr. Fenstermacher,
You are an extremely skilled lawyer!
I will send you my resignation the second you give me details, date, and promise Poway will hold Special Election to fill District 2 instead of another Mayor Vaus appointment.
FYI -I have no access to my City of Poway e-mail.
VR
Councilmember Blain
ATTACHMENT A November 7, 2025, Item #1