December 16, 2025, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway December 16, 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 Council member Tony Blain was the subject of a now certified recall election, with over 80% voting in favor of the recall. On the morning of November 5, 2025, former Councilmember Blain resigned effectively immediately (Attachment A). Thus, the vacancy was effective November 5, 2025, as opposed to occurring when the recall election was certified on December 16, 2025. On November 7, 2025, the City Council held a special City Council meeting to discuss filing this vacancy. The City Council confirmed that it will call a special election to fill the vacant seat, pursuant to Government Code section 36512 and City Council Resolution No. 25-007. The only question remaining is the date of the special election. To assit it with this decision, the City Council directed staff to obtain estimated costs for potential election dates from the San Diego County Registrar of Voters (ROV). As set forth below, holding an election on June 2, 2026, instead of April 14, 2025, would likely save the City approximately $200,000 to $300,000. Recommended Action: It is recommended the City Council provide direction to City staff on the timing of bringing back a resolution to call a special election to fill the vacant District 2 City Council seat. Based on the significant cost savings, staff recommends that the City Council direct staff to schedule a Special City Council meeting and bring back a resolution calling the special election for the June 2, 2026 statewide primary. Discussion: The special election to fill the unexpired term of the District 2 City Council seat 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/or in-person special election called by the City Council on or before December 20, 2025 would occur on the regularly established 1 of 5
December 16, 2025, Item #9April 14, 2026 election date (Elec. Code§ 1000). An 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 then call the election; such an election 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, and it has provided the following estimates (Attachment B): April 14, 2026 election: $225,000 to $325,000 June 2, 2026 statewide primary election: $10,000 to $25,000 May 5, 2026 all mail election: $150,000 to $250,000 As indicated above, staff recommends the City Council call the election for the June 2, 2026 primary, in light of significant cost savings. Additionally, and as stated by the City Council at the November 7, 2025, meeting, voter turnout is also likely to be much higher on that date. Environmental Review: This informational report and potential action regarding filling a vacancy is not a "project" subject to the California Environmental Quality Act (CEQA). Fiscal Impact: If the City Council follows staff recommendation to call for the June 2, 2026 statewide primary election, the cost would be between $10,000 to $25,000 of additional costs to the City. Either of the other two options would result in hundreds of thousands more in costs to the City for these unbudgeted expenses. If the City Council chooses either the April 14, 2026 election, or May 5, 2026 all mail election, staff recommends approving an increase in appropriations from the General Fund, Unappropriated Fund Balance (F1000) for a corresponding amount at the high-cost estimate for the selected option into the City Clerk, Election Services account (101010-49100). Public Notification: None. Attachments: A. Resignation Email from Councilmember Blain B. Email from San Diego County ROV Reviewed/Approved By: Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chr~ City Manager
December 16, 2025, Item #9From: 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 timeline 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 parties 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 Weclnesclay. November 5. 2025. 9:-t I AM. Tony Blai11 wrnte: 3 of 5 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
December 16, 2025, Item #9From: To: Cc: Subject: Date: Lau. Liliana Carrie Gallagher Paes. Cynthia L; Vargas. Elvira: Ellis Webster: Garcia. Diane RE: City of Poway Special Election Quote Thursday, December 4, 2025 9:05:28 PM Attachments: image002.ong EXTERNAL EMAIL Hi Carrie, Please see responses below. Thanks, :/.,,i,ti,,,.,,,,,~ ©oTE COUNTY OF SAN DIEGO REGISTRAR Of VOTERS From: Carrie Gallagher Sent: Wednesday, November 5, 2025 4:23 PM To: Lau, Liliana Cc: Paes, Cynthia L. ; Vargas, Elvira ; Ellis Webster Subject: [External] City of Poway Special Election Quote Hello Liliana, I know this is a very busy time for you. With that in mind, circumstances have arisen in the City of Poway that could potentially cause us to need to hold a Special Election on April 14, 2026. I am in need of a few different quotes. Looking for the following: 1. An April consolidated vote center election At this time, we do not have any elections scheduled for April 2026. If Poway chooses to hold a special election, the City will be responsible for all election costs. The cost projection is $225K -$325K. There are 9,653 registered voters as of 12/1/2025. The cost includes translating election materials into the federal mandated languages (Spanish, Chinese, Filipino and Vietnamese). There are plans to increase the temporary hourly rate next year, which affects election costs. 2. A June consolidated vote center election (would it be cheaper then April) 4 of 5 Yes, it will be cheaper as election costs will be shared with other jurisdictions. The cost projection is $10K -$25K. At this time, we don't have all the jurisdictions that will be ultimately participating in the election. The number of participating jurisdictions and number of contests will be known by the 88th day before the respective election date. The actual ATTACHMENT B
December 16, 2025, Item #9costs are likely to vary depending on how many jurisdictions ultimately participate and voter turnout. 3. And potentially an all-mail ballot election (different date then April 14?) The cost projection is $150K -$250K. The cost includes translating election materials into the federal mandated languages (Spanish, Chinese, Filipino and Vietnamese). I will need to have my report to Council posted before 11 :00 am tomorrow. Kindly, Carrie Gallagher, CMC City Clerk 13325 Civic Center Drive Poway, CA 92064 (858) 668-4535 t::[email protected] City Hall is closed alternating Fridays. Please see City Calendar for closure dates including City of Poway holidays. *Please be aware that communications to & from this email address are subject to public disclosure & may be reviewed by third parties.* 5 of 5