Okay, it's 7-0-1. I'm calling to order the meeting in San Leandro City Council today is Tuesday, January 20th
2026. If we're able to stand, please stand and join me in the Pledge of Allegiance.
So we do have
when council member Azvito joins us online
Madam clerk if you notice that or if anybody else notices it would you please let me know because he needs to make a statement
before we proceed
with his participation
Under announcements the city of San Leon conducts orderly meetings to fulfill its mandate discriminatory statements or conduct that would potentially violate the Federal
Civil Rights Act of 1964 and or the California Fair Employment and Housing Act California penal code sections for 3 or 4 15
Are per se disruptive to a meeting and will not be tolerated. Please see the City Council handbook
and city council meeting rules of decorum for more information. Madam clerk your announcement, please
Yes, mayor and we'll also need the roll call
Thank you. That's even better. Why don't we do that before your announcement? Great
councilmember
Vice mayor Viviros Walton present
Councilmember Azevedo is absent
Present.
Present, thank you.
Councilmember Aguilar.
Present.
Councilmember Simon.
Present.
Councilmember Bowen.
Present.
Councilmember Waldo.
Present.
And Mayor Gonzales.
Present.
Thank you.
So all accounted for.
And we do have a quorum.
Before proceeding with your announcement,
Councilmember Azavito, you have an announcement.
yes in accordance to with California Government Code section 54953.8.3 a1 i'm notifying the city
council that i need to participate in this meeting for just cause because of caregiving
for neither one of my parents there's no individual over the age of 18 president in the room
thank you so at this time we will move to the clerk's announcement
if you would like to make a public comment during the meeting you can do so in person
or via Zoom. If you are present at the meeting, please complete a speaker card and submit
it to the City Clerk before the item is presented. If you wish to participate in public comment
via Zoom, you can use the Raise Your Hand tool when the item is called. During the public
comment session, speakers will be invited to speak and will have a set time to share
their comments. A countdown timer will appear for their convenience and when the time is
up, the microphone will be muted. I'll raise hands outside of public comment
will be lowered to avoid confusion. Once public comment is opened, hands may be
raised to speak. There will be a 30-minute window for public comments
which will take place under item 7, public comments as per the published
agenda. After this time is up, the council will proceed with the rest of the
meetings agenda. If you have not had the opportunity to speak during the
initial 30-minute period there will be another chance to do so after item 12
City Council reports. Okay so for item number three is there a report on closed
session action taken? Yes Mayor on item 3C conference with legal counsel excuse
me, item 3B, excuse me item 3B conference with real property
negotiators. The council voted for a limited disclosure of information
regarding the closed session. The vote was all members voted yes with Council
Member Simon absent from that vote. That concludes and there will be further
information from that limited disclosure from closed session in the coming days.
Thank you. And to be clear there are very specific language that will be used. So
for recognitions we do not have any on our agenda today so we will proceed to
consent calendar. Would any council member like to pull anything, any item, from our
consent calendar? Council member Aguilar? No, but I would like to move the consent
calendar. Okay, so I've got a motion by council member Aguilar to move the consent
calendar. Vice Mayor, please. I'll second. With a second from our vice mayor.
Would this would be the opportunity for public comment on this item? Do we have
any. Mayor we have received two comment cards and there are no hands presently
raised online. Please proceed in person. The first two speakers are Sarah Bailey
followed by Liz Hodgins. Good evening. I don't anticipate any of you voting
against repairing a wall at the Marina Community Center but I want to
acknowledge it all the same. The cost is over $300,000. I'm sure the big price
tag doesn't mean it's a lot of wall. I believe it's a complicated complex
design and repair job like many of the infrastructure repair jobs public works
undertakes. Infrastructure takes a lot of time and it takes a lot of money which
is why I want San Leandro residents to support a city infrastructure revenue
measure that supports public safety and public and roads. The new Fargo
Fire Station in the Manor needs 15 million dollars plus more for the
purchase of new land. If we're going to improve our roads a little bit we need
15 million a year for many years. This year Public Works limped by with five
one million dollar bump from the year before. This is not a situation that
tightening belts can fix. We need a 15 million a the city's infrastructure
needs far outpaced current and anticipated revenue. I ask city staff to
test support for progressive measures that don't overburden those with little
means where everyone pays their fair share. All of us in San Leandro deserve
good roads and safe work environments for our fire and police personnel. Thank
thank you. Thank you. The next speaker is Liz Hodgins. Good evening Mayor and City Council.
My name is Liz Hodgins, recreation supervisor and I work at the Marina Community Center
along with other recreation staff. I want to start by sincerely thanking you for considering
this agenda item to repair the damaged wall and address the water intrusion at the community
center. I also want to express my appreciation to city staff and leadership who have continued
to acknowledge, investigate, and work towards solutions
to this ongoing issue.
For those of us who work in this building every day,
it means a great deal to see some concrete action steps
finally being taken.
For the past three years, staff have been concerned
about moisture and mold in the building.
And as you know, the Marina Community Center
is heavily relied upon by the community.
We host recreation programs and events,
facility rentals like baby showers, quinceanetas,
and more. It also serves as our recreation hub and customer service front desk. And when
the building is compromised, it affects not only our staff, but the entire community that
we serve. I appreciate the city's efforts to repair the damaged wall and replace the
stucco on the east wing. And I support the recommended agreement and contingency to address
any additional damage uncovered during construction. I also respectfully ask that as the work moves
forward, other areas be evaluated as well, specifically the copy room and AV
closet where dark spots on the ceiling may indicate additional water damage.
Thank you again for prioritizing the Marina Community Center. This building is
vital to our staff, our programs and our community and we truly appreciate your
continued support. Thank you. Mayor that concludes our comment cards and there
No hands raised on zoom. Okay, so we will close in line public comment and move to online public comment
Thank You mayor we have
No hands raised online so we'll close online public comment come back to council members for any additional discussion
Seeing none, please vote
All votes from the room are in council member as a Vito. May we have your vote?
Thank you
The motion carries unanimously with all members present and voting aye
Thank you. So for item number six, we don't have any reports on our agenda today
Item number seven public comment this opportunity for members of the public to address the City Council on items that are not on our agenda
But are within the subject matter jurisdiction of this council
Do we have comment cards for this item?
Mayor, we have received one comment card.
Please proceed.
The first speaker is Leo T. West.
The City Council is spending taxpayer money on that Covino and company lobbyists who are
actually lobbyists for the Democratic Party.
The city should cut ties to that group immediately for the President of the United States, Donald
J. Trump has already announced that there won't be any more federal money going to
sanctuary states and cities. Don't waste taxpayer money. Under the second
president of Donald Trump, there won't be any more vandals ruling the streets.
Those illegal in the country are being deported and those that interfere with
federal authorities are being dealt with. We very clearly was behind the
resistance is the corporation money that pays for all those immigration lawyers and the
so-called community organizations. Corporation loves cheap labor, while a thousand U.S. citizens
live in homeless encampments. And while talking of vandals, that pavilion the city is built
to a local vandal, Stephen Taylor, should be raised. Racine the sanctuary city for criminals,
in stage Jason Fletcher, long lived Kyle Rittenhouse.
Thank you.
Mayor, that concludes the comment cards we've received.
What about online public comment?
We have three hands currently raised.
Please proceed.
The first speaker is Emily Grago.
Hello, everybody.
Can you hear me okay?
Yes.
Hi, it's Emily Grago,
President and CEO of the San Leandro Chamber of Commerce.
I wanted to make sure and extend all of you,
Mayor and City Council members
to the best of San Leandro on January 29th
and to all of those who are listening to the meeting
and are at the meeting.
We have had just a wonderful just engagement
of community members nominating their favorite businesses
in San Leandro.
And we've had an astounding number of votes
for those businesses.
And so we will reveal who the winners are
at the January 29th celebration.
It's gonna be a lot of fun.
There's of course gonna be drink and food and music
and awardees and nominees.
And we're gonna be at the Speedway,
which we are all working to breathe life
into that side of town.
And so we're really excited to be over at the Speedway,
which is located at Bayfair.
So if you're interested in joining us,
you can purchase tickets
and we would love to have you all there.
It's gonna be a wonderful event.
I just wanna make sure and extend that invitation to you.
Thank you.
Thank you.
The next speaker is Melissa Wong.
Thank you.
Good evening.
And I appreciate Emily making that announcement.
That sounds fantastic.
It is with high urgency that I request
the council consider a motion to discuss establishing
a budget task force consisting of residents
from each of the six districts and a mayor's pick
for a budget task force.
This task force will meet regularly
to discuss the budget formulation, potential deficit
and opportunities for savings as well as analyzing budget
to actual spending and trending.
This initiative will promote transparency
and enhance public awareness.
I see this group as an advocate for the city,
but also an independent voice for the council.
Last June, I saw the city rushed to have the council
approve the proposed budget for fiscal year 2526, 2627.
We have a structural deficit.
Six months after the fiscal year began, what is the status?
I am aware that there is an existing finance committee,
but according to your calendar,
it has been 60 days since the committee members
have met with staff.
The next meeting at the end of the month,
city, but I just want to thank
the mayor for the support and
support that will mark 70 days
in between. This task force
will focus on budget and not
financial reporting. It's time
for better discussions on our
city budget and spending. I
hope you would consider the
formation of this citizen
involved budget task force and
that there is a cross the board
agreement within the council.
Thank you. Thank you. The next
council I second that idea by Melissa Wong who served so admirably on the previous budget
task force along with our current mayor. Hey I'm just looking at my calendar here and I realized
today was the national walkout. We were all calling attention to the terrible situation
in our country and I want to make sure everyone knows you can further support this by doing the
same on Friday because January 23rd has been called as a general strike in Minneapolis.
Now, looking ahead to Saturday, January 24th, I hope everyone will come out to Marina for
the ribbon cutting of Stephen Taylor Sanctity of Life Park and thanks to the city for
advertising it so well. There'll be food, drink, we can admire the beautiful statue. There'll be
speechifying between 10 and 12 and, of course, we want to hear from Grandma Addie and there'll be
continued programming from the students of the Student Justice Academy. But just as an aside,
you know, this past weekend there was a big celebration about the passing of Bob Weir and
I don't know how many Dead Heads are out there or if you've ever been to a Grateful Dead concert
or you understand the community of dead heads, but I kind of come from that background. But I
want to say that around this tragic killing of Stephen Taylor, a true community has arisen in
San Leandro and it's really centered by the students of the Social Justice Academy. So this
is a celebratory event and I hope everybody will come and partake. And then next month y'all come
back on Monday February 2nd for a second reading of the monumental rent stabilization ordinance
that this city council has crafted which will make a material difference for working families
in our city. Notwithstanding all the threats of recalls and you know taking it back and stuff by
the real estate. Thank you your time has elapsed. The next speaker is Mimi Dean. Hi there I'm here
to speak tonight about SkyWest Open Space. Some of you probably know what SkyWest Open
Space is, and some of you probably don't, and some of you others are probably thinking,
why do I care about SkyWest Open Space? It's in the city of Hayward. Well, let me tell
you why you should care. First of all, the city of Hayward has a GIS on their website.
And in their GIS, that's a geographic information system, it shows the area of influence of
the Hayward Executive Airport.
That area of influence, which means the planes fly over it, they make noise over it, they
could pollute over it, these kinds of things, well, it not only goes over parts of the city
of Hayward, it goes over almost all the entire unincorporated communities like San Lorenzo,
Cherryland and Ashland.
And it also goes over, believe it or not,
parts of San Leandro.
That's right, my friends,
it goes over parts of San Leandro.
So anyway, the airport owns the former golf course
called Sky West.
Well, Sky West is home to overwintering monarch butterflies,
the western monarch, our monarch butterflies.
It is the number one overwintering site
in the entire East Bay.
It has more monarch butterflies in the winter
than Monarch Bay in San Leandro or Ardenwood in Fremont.
It's also home to the Western pond turtle,
our only native turtle.
Hayward has some really not so wonderful plans
to basically destroy the habitat of these animals
and take this 126 acre gem of open space and develop it.
So I am leading the charge
And I hope some of you are on my Facebook page
or you see my posts on Facebook or you're my friend
and you have signed my petition to save Sky West.
Thank you so much for listening.
I appreciate you very much.
Thank you.
Mayor, that concludes the hands that are raised online.
Okay, so we'll close public comment.
Thank you all for your comments.
We don't have public hearings or presentations today.
So we will move to item number 10 on our agenda,
which is in two or three action items, four action items.
And we'll begin with item 10 A.
So as council members have heard from me,
I am looking to set up an ad hoc committee.
We'll start with 10 A, which is specifically
with respect to the robust city of San Leandro litigation.
I have invited council members to volunteer
to serve on the ad hoc committee.
received one person who requested to participate. At this point in time I
believe that the only person I got an email from was councilmember Bolt. Is that
correct Mr. Bolt or councilmember Bolt? Yes. Are there any questions? Obviously the
purpose of an ad hoc committee is to have some extra specialized attention on
a matter. We can remain hopeful that this will be resolved quickly but until that
happens that is the purpose of the ad hoc committee. The nature of an ad hoc
committee is less than a year and so we fully anticipate that this will be less
than a year. Any questions at this point in time? Seeing none I'll go to public
comment on this item. Mayor we have not received any cards but we have one hand
raised online. Please proceed online. The first speaker is Douglas Spaulding.
Thank you very much. Well as I see it the city has a real problem on its hands
and I don't think it's because you haven't been paying enough attention to this or giving it enough time. The basis for Robustelli's lawsuit served as the evidence to censure Councilman Simon and Aguilar last year and have been resurrected in the current complaint by Councilwoman Bowen. So the city is the fact to endorse the conclusions, you know, in it based in the lawsuit.
But they don't want to acknowledge them now, of course, because that's going to involve
a big payout.
So the problem is, you know, we can't have our cake and eat it too, in a sense.
I think the it seems transparent to me that the the motivation in requesting an ad hoc
committee reflects what must be a division in your closed session.
And so an ad hoc committee necessarily pairs down the number of participants, discussants,
in attempt to cut out, I think, objections that may be raised about one solution or another.
I have not really much more knowledge, so I don't really know where the factions lie.
And my further concern, as I understand it, is an ad hoc committee is not beholden to
the same regulations of the Brown Act
as your closed sessions, this open session.
So I guess I'm not fully trustful of it,
and I would urge you to proceed cautiously.
And as the judge often says, go back to the jury chamber
and keep deliberating, because at some point,
you do have to come to a resolution.
thank you thank you mayor that concludes the hands raised on my will
close public comment at this point in time are there any opportunity for
additional questions comments seeing none I will move this item that we set
up the sad hoc committee it will not last for more than a year and will
consist myself and council member bolt both of whom have volunteered to be on
this committee do I have a second for that council member bolt second okay
discussion. Seeing no discussion please vote. All votes from the room are in.
Councilmember Azevedo your vote please. Aye. Thank you. The motion carries
unanimously with all members voting yes and all members present. Okay we'll move
to item 10B. This also is an ad hoc committee that we have discussed for
again allowing I'm sorry councilmember bolt did you have something that you
wanted to say on this item since I have to recuse myself from the item I would
abstain from this vote just on the next item yes on 10b yep please is that
correct I'm right okay thank you okay so technically you don't need to step out
should you want to step out feel comfortable stepping up it's completely
up to you, but you will not be voting on this item. No vote, no discussion, okay.
So for this item, like the other, the purpose is to provide an opportunity
for greater in-depth discussion, more time with legal counsel, better
understand certain facts and circumstances, the time that we have in
closed session can at times be somewhat limited, and so we've talked about the
idea of setting this up. Again, have sent out emails, two separate emails, looking
for volunteers. For this ad hoc committee in particular we have Vice Mayor has volunteered
to support this effort. So the ad hoc would consist of myself and the Vice Mayor. Do we
have any questions? Seeing none, we'll go to public comment on this item.
Mayor, we have no cards from the room but we have one hand raised online.
Please proceed. The first speaker is Douglas Spalding.
You know, again, I just am a little cautious about the ad hoc committee concept.
And this is not to negate it, but I think here, actually, Melissa Wong's idea might
prove very fruitful to convene a citizen's task force around shoreline development where
where you could bring in more expertise
in terms of not only finance and traffic and geology
but also cultural and civic interests.
It seems that I think kind of a wider perspective
might help jog people's thinking
and move the thing forward.
And that's all, thank you.
Thank you.
Mayor, there are no more hands raised online.
Okay so we'll close public comment and come back to council members for any
additional discussion. Seeing none I will make a motion that we create this ad hoc
committee related to the shoreline bankruptcy consisting of the vice mayor
and the mayor. Councilmember Rios-Walton. Second. So we have a motion and a second.
Seeing no interest in further discussion please proceed to vote. All votes from the
in. Councilmember Asevedo, your vote, please.
Aye.
Thank you. The motion carries with six ayes and Councilmember Bolt being recused.
At this point in time we'll move to item 10C. This is council discussion direction by act
to act by minute order on potential disciplinary possible discipline of Councilmember Aguilar
we are under chapter 1.13 of the San Leandro administrative code
pursuant to Councilmember Bowen's internal request for discipline
submitted on October 24, 2025.
For this item we have City Attorney Rich Piretta introducing the item.
Thank you, Mayor.
This will be a brief presentation on item 26-015.
Going to the next slide.
Brief overview was on October 24th.
Vice Mayor Bowen submitted a request for discipline
understand Leandra administrative code chapter 1.13 on December 8th 25 the
council scheduled consideration of discipline and they set for January 20th
2026 today regular City Council meeting after there was a Brown Act issue
concerning discussion at the November 3rd 2025 meeting that Brown Act issue
has since been cured and corrected on January 5th 2026 the council waived the
attorney client privilege that was applicable to investigation report of
councilmember Bowens complaint to the city's HR director Emily Hung. Council
member Bowens request for discipline relies upon the facts and findings of
the investigation report. Next slide. This this is a brief rundown of the
disciplinary hearing procedures and these are all contained in the San
Leandro administrative code section 1.13.110. I'll just jump down to the
specific charges where the pattern of bullying,
abusive conduct conducted towards her
in violation of the behavioral standards
applicable to city council members
set forth in the city's code of ethics,
council commitments and the council member handbook.
This is from Vice Mayor Bowen's October 24, 2025 request
for discipline.
Next slide please.
This slide is slide four containing what are the facts?
And the facts as council member Bowen had requested
would be the October 27, 2025 investigation report
by Jane Cow of HR Law Consultants.
And the findings as directed or specific
to Councilmember Aguilar are as follows.
Councilmember Aguilar retaliated
against Councilmember Bowen following her vote
on Councilmember Aguilar's censure
at the November 18, 2024 council meeting.
And we provide page references from the report,
which is available.
Councilmember Aguilar engaged in abusive conduct
towards council member Bowen and then attempted
to besmirch her reputation after she was physically violated
by mutual acquaintance.
And finally council member Aguilar subjected
council member Bowen, female city council members
and a female employee to differential treatment
reflecting gender bias.
Next slide please.
So council consideration of discipline is defined
by the San Leandro administrative code section 1.13.115.
The council as a body must determine whether discipline short of censure is warranted or
to move toward censure.
This discussion which you're about to have is a matter of public record and must take
place during an open notice and public meeting of the city council.
A council member who is the subject of the alleged violation or violations is ineligible
to vote on any matter relating to disciplinary action including but not limited to an agenda
in the hearing and adopting a resolution of censure.
And actions of the council, of course,
require the affirmative votes of a majority
of the entire council membership.
This is in San Leandro Municipal Code,
section 1-1-305.
Next slide to slide six.
So the council has options here,
and based on one or all of the findings from slide four,
the council could decide upon one or more of the following
or a combination of these,
or discipline that includes conditions
that if not met or accomplished could lead
to a censure hearing or a different discipline
short of censure.
These are examples, and these are taken
from the San Leandro Administrative Code A through D.
I'll leave them there, they have been provided
in your materials.
Next slide, please.
Should the council move towards censure,
which is an option as well, a resolution of censure
is a formal, serious reprimand for misconduct,
often for severe violations.
It must be based on clear and convincing facts
supporting the allegations of misconduct,
giving rise to the censure.
And a resolution of censure requires
substantive and procedural due process
under the law under the 14th Amendment.
Next slide to slide eight.
So the council, like I said, must move toward censure.
That requires an affirmative action.
If the council decides to set the matter for a censure hearing,
it has to schedule the hearing no sooner
than two weeks after its determination to hear the matter and the council should
not schedule the matter during any previously scheduled excused absence of
the subject council member and they can happen at either a regular or special
meeting and they happen in an open and public meeting. Next slide please. This is
all contained in the San Leander Administrative Code. Although the written
notice to the subject council member of the Center has to be at least 10 days in
advance of the scheduled hearing, and there are hearing procedures that again
are provided in the San Leandro administrative code and here on this
slide. Next slide please. As part of the resolution of censure, the censure action
could contain any or all of the following directions to correct,
directions to attend training, and resolution this the resolution of
censure contains a resolution based on clear and convincing facts supporting
allegations of misconduct giving rise to the censure it may include the imposition of sanctions
against the council member as the council deems appropriate and there are a list of things that
may include amongst the sanctions may include removal from internal or standing or ad hoc
committees removal from an external committee to which the member has been appointed and or
restrictions on city related travel privileges next slide so tonight we are awaiting part
The first part of the action that's required under the disciplinary procedure that the council has
adopted in the administrative code chapter 1-13 does the council want to impose discipline if so
What discipline does the council want to impose any of the items that's described in the previous slides a through D a?
combination of them all of them
combination of items or a different unlisted item short of censure
Completion of a task or training requirements with conditions that if not completed by the time or a deadline
Result in going to formal censure against the council member or to move or act towards censure and
That concludes my report and where we're making a direction from the council
Thank you for your presentation at this point in time
We're going to begin by taking public comment on this item
Then we will come back for our discussions any clarifying questions and the like
So let's begin with public comment on this item
Mayor we have received 10 cards here in the room and there are a number of hands raised online
I'm sorry, how many hands presently three four
five
Okay, so what we'll do is we'll begin in person and then we'll move online
Thank you
the first three speakers in the room include David Anderson
Sarah Bailey
Michael McGuire. Mr. I will make one big picture comment before we start. So there
are two different disciplinary hearings today and I would be very clear public
speakers are limited to speaking about the individual in question, the actions,
the allegations with respect to each individual. So this is not the time to
raise any concerns, defenses, support, anything with respect to you Council
Simon thank you please proceed the first speakers are David Anderson Sarah
Bailey and Michael McGuire mr. Anderson okay Sarah okay this is a little
confusing because we're now talking about two separate individuals and not
many of us have not written for two separate things the investigator of
councilmember Bowen's formal report of workplace misconduct by councilmember
Aguilar includes that he retaliated against her he engaged in disrespectful
and demeaning conduct towards women and he verbally abused councilmember Bowen
and attempted to besmirch her reputation they must he must face discipline this
not he said she said the investigator interviewed others who confirmed a
pattern among them former mayor cutter and former member for former council
members Cox Rainis and Baloo public works director my keys he's described
council members Aguilar's conduct towards her which I have witnessed the
report says Simon and Aguilar asked questions that make it appear as if the
staff are not working diligently on projects which can be demeaning and
ultimately has the effect of undermining the work performance of Marquisis. When
they block women of authority such as Councilmember Bowen and Director
Marquisis from success and intentionally making them appear incompetent their
constituents and residents don't see misogyny at work instead they believe
lies. This undermines public trust which has massive repercussions not least that
lack of trust is exploited by liars themselves for further gain and anyone
else who sees an opening and uses it for their own agenda. Public Works doesn't
know what it's doing let's go around and create our own shadow department. Council
can't do their jobs let's invent a new committee. It's ridiculous, it's
instead yes thank you your time is up the next three speakers are Michael
McGuire Moline Dupree Dominguez and Tiffany trees I take a somewhat
different view that the previous speaker did though I do think this should be a
city where women are respected in their work and all city departments not just
the City Council this report plays politics that is loaded with bias I've
read the report. There is a political faction that is trying to sideline an
opposing political faction with both legislation and elections coming up. I
do not consider Councilmember Bowen to be involved in this effort but is only
desiring better treatment by her colleagues and fellow politicians which
she deserves. Evidence gathering in the report is selective and motives are
imputed and never favorable ones for views of both policies and candidates by
office holders whose job is to evaluate both. Testimony is presented as
unbiased from someone with a financial stake in the outcome due to suing the city it mentions
a previous investigation of council members for sex bias where they were cleared of that
charge in that same investigation the previous one and subsequently in a court of law loaded
verbs are used when discussing opposing views with one side explaining things while the
other side is claiming or alleging them it takes remarks made during a policy argument
out of context and calls them offensive,
implying, and this does concern me,
that an elected official can never question
an unelected one over how well a policy is being carried out.
It accuses politicians of basically acting like politicians
who are not always transparent about what they do,
why they do, or why they don't do something.
This is unlikely to shock the public.
We can go through the report section by section,
and I'd suggest we do that in public, by the way.
We can all point out the problems with it.
It would be nice if all our elected officials,
office holders were pleasant to each other while disagreeing,
but honestly this report is moving this forward.
Thank you.
Thank you.
The next speakers are Malin Dupre Dominguez,
Tiffany Tresse, and Jeff Druitts.
Hello, City Council.
Mayor, Malin Dupre Dominguez,
San Leandro resident for 18 years.
Justice delayed is justice denied.
Councilmember Bowen's complaint came in a year ago.
It has been a year.
The complaint against Councilmember Bowen,
from Councilmember Bowen, against Councilmember Aguilar,
is a year old.
The inappropriate and unprofessional behavior
investigated by this independent investigator
and bound to be with merit is appalling, simply appalling.
Completely unbefitting of a public official.
The facts are clear.
The need for discipline in these substantiated complaints
is glaring.
Furthermore, it is obvious to me that the maximum disciplinary action is called for
here in order to reestablish public trust and make it possible for this council to proceed
with its duties in good faith.
Additionally, it seems that the accused council member in question right now, Council Member
or Aguilar is in need of serious redirection
by way of discipline that results in behavioral changes.
Censure is the right move here.
No more hearings.
No more dragging our feet.
Tonight is the night.
If this council fails to hold itself accountable
to its own ethics codes,
we voters will remember at election time.
The time is today to hold yourselves accountable
to the ethics codes you yourselves agreed to.
Thank you.
The next three speakers are Tiffany Trace, Jeff Durets,
and Deborah Acosta.
The next speakers are Deborah Acosta, Leo T. West,
and Caroline Jones.
In a way that restores trust and allows this city
move forward. Council member Bowen's actions followed established process. Now we ask you
to do the same. Follow the City Charter and your own rules. As San Leander's former Chief
Innovation Officer, I worked to bring jobs, infrastructure, investment and national attention
here by grounding our strategy in real assets and real commitments. We built on the City's
investment on a 10 gigabit fiber network. We aligned with the general plan and economic
development strategy committing San Leandro to a future in advanced manufacturing and software.
We attracted partners and investors based on a simple expectation that this city honors its
charter, follows its rules and exercises power lawfully and fairly. Well, that trust is fragile.
When governance breaks down, when misconduct goes unaddressed, when retaliation is tolerated,
when accountability is delayed.
It doesn't just strain relationships.
It undermines credibility.
It stalls housing, infrastructure, public safety,
and economic development.
And it makes it harder for residents, staff,
and partners to believe San Leandro will keep its word.
Years ago, when San Leandro lit Truth is Beauty,
we asked a hard question.
What would the world be like if women were safe?
Not only physically safe, but safe to lead, safe to speak up, safe to challenge power without retaliation.
To the four of you whose votes matter tonight, this is your moment to release this council from paralysis,
restore trust with the community, and demonstrate that San Leandro lives by the standards it sets for others.
We have already named our values. Now it's time for you to lift up to them. Thank you.
Thank you. The next three next two speakers are Leo T West and Caroline Jones.
I want a clarification. I want to speak about the investigative report. Is that the time now?
Okay. The investigative report shows council members in a dogfight for tax payers money
to travel here and there, that's patting their resumes or political career.
As the San Leandro Times reported last year, councilmember Baldwin was the beneficiary of
extra money above her normal allocation. I'm sure that that wrapped some council members the wrong
way. Then, as I said last month, Aguilar plays his gay car, Simon plays his race car, Baldwin plays
feminist car, her feminist car. The whole thing stinks. I think all three of them should
be removed from the city council and mainly Bowen for she may represent my district and
she's shown total ineptness. Besides, she's never answered my e-mail pointing out problems.
It's just that she's been too busy travelling around the country. Judging by the report,
and behavior in Florida was not very professional. For those of us who've been
around the block many times, we know that it takes two to tango. And it seems that
there was some tango going on there. Or in English terms, somebody was laid on.
Was laid on. There, that concludes. Apologies. One speaker card remains.
Caroline Jones. So tonight the facts are clear and frankly the national moment
we're living in makes them absolutely impossible to ignore. The independent investigation found
that council member Victor Aguilar engaged in repeated egregious misconduct, retaliation,
gender-based bias, bullying, and misuse of power. This conduct was not accidental, it was sustained,
it was corroborated by witnesses, and it caused real harm. The report documents that councilwoman
Suha Bowen was retaliated against for voting to censure Victor Aguilar. Her leadership was
deliberately undermined. False and shifting narratives were used to block her advancement.
After disclosing being assaulted, Victor Aguilar worked to minimize her credibility and sideline
her voice. That is not disagreement, that is gaslighting. We are living in a national
political climate where women are routinely belittled, discredited, and dehumanized by
people in political power, including our own President of the United States, where accountability
is framed as persecution and where cruelty is excused as leadership. Local government
does not get to pretend that it operates outside of that reality. So Mayor Gonzalez, city council
members, that responsibility now rests with you. Your constituents, especially women,
are watching to see whether San Leandro will mirror that national failure of leadership
or firmly reject it. Anything less than the strict censure of Aguilar sends a dangerous
message, that retaliation is survivable, that abuse of power is negotiable, and
that women who speak up will pay the price while men who harm them are
protected. This is not about tone. This isn't even about politics. This is about
whether San Leandro will draw a clear and public line and say this conduct has
no place. Leadership is measured in moments like this and the facts are
undeniable. The harm is documented. The expectations of this community could not
be clear, and the question is simple will you lead or will you excuse? Thank
you. Mayor that concludes the cards from in the room. So we will close in-person
public comment and proceed online. The first online speaker is Susan Herb. Good
evening. This investigation report for which the city has paid over $130,000 is
is not something I would be able to rely on
in forming a judgment.
There's a repetition which rehashes points of view
and personal opinions.
Relying on phrases such as raising suspicions
makes it appears as if, resumes and fine.
These are not facts, these are assumptions.
Supporting another candidate for vice mayor
or city council or city manager does not prove bias.
The report is disjointed and repetitive.
For example, the assertion that Councilmember Aguilar
opposed city funding for Councilmember Bowman's participation
in various programs is covered on pages seven, eight,
12, 13, 14.
Aguilar's supposed role in claim of physical violation
by a third party as proof of gender bias
is covered in pages four, five, eight, 18, 19, 20.
simply repeating the same thing over and over
does not make it true.
I am perplexed by the inclusion of Fran Rovastelli's input
without adequate disclosure of her conflict of interest
in the matter.
I am also perplexed by the failure to disclose
the public humiliation caused,
council member Ambular by the slide presentation
prepared by city personnel
for the 2024 council planning meeting.
I could go on and on, but only have two minutes.
So let's look to the future.
Are we ready to move on?
Are we ready to focus on the needs of the residents
and the businesses of our city?
Your vote tonight will set the tone for the future.
Please consider this carefully.
Thank you.
Thank you.
The next speaker is Douglas Spalding.
Thank you.
councilmember, I want to thank
councilmembers. Thank you,
councilmembers, for making the
report available. Although I
will note it was not completely
unredacted. Reading the report
reinforces the conclusion that
our city council is
dysfunctional, characterized by
distrust, animus, division, and
factions. I fear this legal
I'm not sure what the other
things are going to be. I'm not
sure what the other things are
going to be. I'm not sure what
the other things are going to
be. I'm not sure what the other
things are going to be. I'm not
sure what the other things are
going to be. I'm not sure what
the other things are going to
be. I'm not sure what the other
things are going to be. I'm not
sure what the other things are
going to be. I'm not sure what
erudite, a communicator who is direct about the discriminatory harm she has experienced.
My friends Fred and Victor, not so much. But I do want to take a look at one of the accusations
in part four item F. This is the most troubling accusation against Councilman Aguilar wherein
Bowen believes that Aguilar colluded with Daniel Parra and the abhorrent sexual battery that she
was subjected to. Later on page 18, we learned the basis of this belief. And I'm going to
quote a golden line here as we say as teachers. According to Bowen, Gonzales told her that
he thought Aguilar might be up to something. And then two and a half pages that discussed
this incident, there is actually nothing substantial about that accusation. That somehow Aguilar
set out to set up Bowen and acted in concert with PARA. I find that very troubling.
Thank you. The next speaker is Jesse. Hello. Can you all hear me? Yes. Okay. My name is
Jesse Rubin and I am a member of the League of Family Andrew Voters. Some may think the
drama surrounding this investigation is overblown, that politicians lie and play games all the time.
So what's the big deal? The big deal is this. We cannot accept the behavior described in this
investigation, or the behavior that led to Aguilar's prior center as politics as usual.
Because once we do, it becomes the new normal. Just as the increasing tolerance of the Trump
administration's bully politics created a dangerous new normal nationwide. Your vote
tonight tells us, your San Leandro constituents, what kind of behavior and judgment we should expect
from those who lead our city. It also sends a message to anyone with political ambitions
about what contact will be tolerated if they are elected to office. If we want our city to be
governed by leaders who are in it for the right reasons, i.e. for the public good, then
we must create a political environment that attracts and supports candidates who share
those values. The fact that Aguilar has repeatedly refused to acknowledge any wrongdoing over
the past several years, even after that wrongdoing has been independently substantiated, is appalling
and it cannot be ignored. If this behavior is tolerated, we will not deserve to be governed
council members like Zula Bowen in the future. Show us that you care about creating a political
environment where ethical candidates can truly make a difference. Vote to continue the discipline
process. Thank you. Thank you. The next speaker is Liana Castello. Hi, this is Liana Castello. I'm a
citizen of San Leandro. Mayor Gonzalez and City Council, I'm speaking up tonight to request that
you move forward with discipline and censure in this case. Council member Aguilar is a liability,
he is not a leader. The need for maximum and timely discipline in this case is clear based
on the result of a third party investigation. Council member Aguilar has wasted hundreds of
hours of community and council time and hundreds of thousands of dollars all while having very
little to show in terms of results to the city. Please, I implore Mayor and the voting members
members of the council show leadership tonight.
Please consider material discipline
and send a message that this is not okay
and we need change and forward progress.
San Leandro community members and civil servants
deserve better and we want to move forward.
Thank you.
Thank you.
The next speaker is Melissa Wong.
Hi there.
I appreciate some of the scripts
that people are reading from.
I'm gonna be off script.
I already, if anybody, care to look at my e-comments,
pages of typos, innuendos, the lack of transparency
and really bias in the report.
It's very obvious to me.
14 witnesses and the two subjects are interviewed
four months later after everybody else had their say.
And the former San Leandro officials,
they have not been in San Leandro official business
for two years.
They should not have seen things that are in closed session
when the censure that was the basis of retaliation
occurred November, 2024.
that means last year. Council member Boat was only mentioned six times. The former city,
city manager was mentioned 78 times. Isn't that interesting? And some of the folks have
very strong opinions and I appreciate that. But you got to read the report. Look at the
errors. April 20, 2024 was the planning meeting. There was a facilitator there. No mention of that.
That firm specializes in conflict, and they did not intervene during that meeting. No mention of
that. I was there. Lots of people. Nobody said anything, including an expert on personnel issues.
not mentioned, that's not a fact.
That's a major omission and that was one of many.
Please look at my e-comments
and I welcome any correction to them.
Thank you.
Thank you.
The next speaker is Bella Comello.
Bella, are you there?
If so, please unmute yourself.
Can you hear me?
Yes.
My name is Bella Comello.
Let me start by saying that as a woman
who has experienced sexual harassment when I was young,
I empathize with a councilwoman woven very much.
However, I would like to say
that I have known council member Simon
for about eight years in a professional-
Can you pause that?
So Ms. Camillo?
Yes, yes.
I'm sorry to interrupt you.
There are two different hearings.
Okay.
Right now, we are only addressing council member Aguilar.
We will be coming back to council member Simon
a little bit later today.
Okay, thank you.
I didn't realize that.
Thank you very much.
Thank you for your patience.
Bye-bye.
Bye-bye.
Thank you.
The next speaker is Christopher Bamer.
Hello, can you hear me?
Yes.
My name's Chris Bamer.
I've been a resident for about 25 years
and my family's owned a business for about 50 years.
I went to my first city council meeting
early back in 2000, started again, January 20th, 2018,
when a certain city manager was investigated
for some sort of allegations similar to these ones.
Since that date, I think there's been eight investigations,
millions of dollars spent, hundreds of hours wasted
on our council members trying to govern themselves.
It's a joke.
Whatever we need to do to get these people out of office
and get on with official business, we need to do quickly.
Censure, whatever it takes.
Hold a recall, but if they were stand-up guys
and they were really these great people
that they want everyone to think they are,
they would just dismiss themselves and resign
and let us move on with real business
instead of this bullshit.
I'm done.
Thank you.
The next speaker is Bob Bailey.
Hi, this is Bob Bailey.
I wrote this for something that we both covered
at the same time, but anyway.
I don't claim to know Council Member Aguilar-Well.
I welcomed his support during the campaign
to establish the community police review board
and believe we share common aspirations
to advance social justice where we can.
So it pains me, especially as a man,
to see the evidence of the investigators report
of a persistent pattern of disrespect and abuse
for women in authority.
As the former HR director,
I find the stonewalling predictable
but nonetheless disgraceful.
Nothing resembling a restorative justice outcome
can come tonight without first acknowledging
the harm felt by Councilmember Bowen and other women.
It doesn't matter whether the behavior was conscious
or not, well-intentioned or not,
in pursuit of service to constituents or only to self.
What matters is a willingness to listen, reflect,
and validate Councilmember Bowen's experience.
The city's business is of course paramount.
We elect our representatives to be worthy of our trust
and to serve us honorably.
The council cannot function without committing
to relationships of mutual respect despite differences.
Any action tonight will be a test not only of what is fair
but of what those accused are capable of doing in response.
Thank you.
Thank you. The next speaker is Mimi Dean.
Hello.
All right.
Well, this is what I have to say.
I read that report and I agree with the speakers who say that
there was a lot of accusations and repetitiveness and all this
other stuff, but I didn't really see anything that I could quite
put my finger on.
I didn't see any actual evidence of facts and for me, it's
about facts. So I'm really having a hard time with this whole process because of
course I agree that, you know, a lot of women we do get treated very horribly.
But I'm not quite sure that this is the case. Myself being in politics now and
serving on a board, you know, there's a lot of things that get said to me that
that make me sad or mad or upset or like,
what the heck are you trying to talk about
and really make me question the person who's saying this
to me, but I just have to think about it.
It seems like it's politics.
It doesn't seem like this is an issue of gender bias
or misogyny.
This seems to me like this is an issue of disagreement.
and I really did try to get through that report
and it was very difficult.
So I hope that we can resolve this,
but I disagree with the people that are saying
that these two council members should step down.
I really think this report needed to be done differently
and unbiased.
And I don't know what else to say.
I hope you'll do the right thing tonight.
Thank you.
Thank you, Mayor.
This concludes our hands raised online.
Okay, so we will close public comment
and we will come back to council members.
Do you have any questions about the process?
And perhaps I should lay out the process
just so that we're all clear on what's gonna be happening
and then you can ask questions
of either myself or city attorney.
So I do think that we do need to just for ease
that we're on the same alcohol playing field,
we'll move to accept the findings of the report.
Then we'll ask the question of whether there is a belief
that there should be discipline,
because that's kind of a yes-no question.
If there's a decision that there should be discipline,
then we'll proceed to the question of,
well, what is that nature of the discipline?
So that's where I see this going.
I certainly welcome any questions at this time.
Council Member Aguilar?
Thank You Mary Gonzalez my question is I'm excuse me. I'm excluded from voting on this, correct?
I'm gonna go to legal counsel on that question
That's correct
My next question is
Will I be able to give a statement?
You definitely can make a statement
Anything else councilmember Simon, please?
So just to clarify in addition to making a statement can council member Aguilar participate in the dialogue questions
Just participating as a normal
Council process he just can't go
Going back to city attorney
Yes, that's correct
another question is
Can you repeat?
the decisions that will be made the first one you said was finding of
Just the findings of the report right because we're going to be relying on the report
so do we as a council accept the report the findings of the report and then the the next thing would be
For each individual so right now we're focused on councilmember that
Based on everything that has been heard and discussed is there a desire to have some sort of discipline?
Yes, now if yes, then what is the nature of that discipline?
Okay, my clarification is on findings of the report and perhaps this is a city attorney question
does that mean we
Agree with the report that we believe that it's factual or does it mean that it's been produced?
What does that actually mean?
Please proceed city attorney
Thank you mayor as I stated as it counts as we stated the findings applicable to councilman Raguilar in this particular instance
The council's adopting the findings. That means we are accepting as fact. Those are the findings in the report
Okay, so if we believe that what we heard from quite a few council members that there are
significant deficiencies in this report
Then essentially we would vote no
We do not believe this is an accurate report. We don't accept the findings
You have the opportunity to vote that way. Okay, just understand. Thank you. You're welcome
Other questions
Okay, so just administratively one of my doesn't make a motion to accept the findings of the report
So we can gauge in the dialogue there councilmember bolt
second, okay
They need discussion
Okay, same then let's vote. There's a discussion
Okay, then please proceed add yourself to cue comes from a regular. Oh
Thank you mayor Gonzales
Before we do that. I would like to make the statement before you decide to vote on the findings of the report, please proceed
so disagreement is not misconduct speech is not violence and
In a democracy the freedom to question dissent and vote independently should never be criminalized
I'm going to speak plainly today because clarity matters. I
Take allegations of harassment discrimination and retaliation very seriously. I
I always have. But I will not sit quietly while ordinary democratic disagreement is repackaged as
wrongdoing, or while my integrity is questioned based on assumptions, narratives, and mind reading
instead of facts. I do not agree with the conclusions of this investigation as they relate
to me. And let me be clear about something that seems to have been conveniently ignored.
I am LGBTQ. I am a gay man. I have received death threats.
And I know what real discrimination looks like because I've lived it.
I've been harassed. I've been beaten. I've been targeted and demeaned for who I am.
So when accusations are casually reframed as bias or harassment,
not based on slurs, not based on threats, not based on unequal treatment,
but based on disagreement, debates, and votes, I take that seriously because
words matter and misusing them weakens protections for the people who actually
depend on them serving on the City Council requires independence it
requires asking uncomfortable questions it requires disagreement it requires
voting based on judgment not pressure not politics not fear of being labeled
for dissenting that is not retaliation that is not harassment and it is
certainly not discrimination in this case routine governance how I voted
questions I raised concerns I expressed was filtered through a predetermined
narrative motion motive was assumed intent was assigned and disagreement was
treated as misconduct that is not fairness that is not due process and
and that is not how a democratic body should function.
I also reject unequivocally the suggestion
that my actions were driven by gender bias.
Disagreeing with a colleague who is a woman
does not equal discrimination.
If we accept that logic, we don't advance equity.
We shut down debate and punish independence.
Here's what truly concerns me.
When disagreement becomes evidence,
when speech becomes suspect,
and when intent is guessed instead of proven,
we don't create safer workplaces, we create acquired ones,
and silence has never been justice.
I'm not here to litigate personalities,
I'm here to defend principles.
I will always stand for respect,
I will always stand against discrimination,
and I will also stand firmly for the freedom to speak,
to question, and to govern without fear
being mislabeled for doing my job.
I stand by my record, I stand by my integrity,
and I will continue serving the people of San Leandro
with honesty, independence, and a backbone.
Thank you.
Council Member Simon, I think you are,
were you still interested in being here?
Please proceed.
Yeah, a clarifying question.
So it sounds like a finding of fact
for Councilman Aguilar and myself, both different votes.
I was hoping to just accept it as one,
but if you prefer, we can segment it out.
In other words, I'm just accepting the findings
of the report so that we don't have to do it again
in the next hearing.
Okay, that's fine.
So I'll speak on my behalf then,
since that's what we're doing.
This is a different approach?
Yeah, so to be precise,
I think the findings that were listed
were only for Council Member Aguilar,
so I will clarify my motion so that it's unambiguous.
We're accepting the findings of the report specifically with respect to councilmember Aguilar
And I just want to confirm from the seconder that is what you seconded
Yes, i'm getting head nod. Yes. Okay
Okay, first I would like to say that
All women should be treated respectfully 100
I could not agree with that more
And we should all every single person in this room
no matter our gender, our sex, our race, our religion, we should all be treated respectfully.
So I'm fully on board with that, fully on board. So when I ask my questions, it's not to
anything otherwise. My first question, in the report, I hear a reference to abusive conduct.
The investigator does not define what abusive conduct is in California. I think that's
really important. To throw around a strong word like that, you should define what it is.
So I'll go ahead and read it in case people don't know what the definition of abusive conduct is.
In California, abusive conduct often called workplace bullying is behavior that is hostile,
offensive, and unrelated to legitimate business interests, included verbal, included repeated
verbal abuse, derogatory remarks, insults, threatening or humiliating contact, conduct
physical or verbal and sabotaging someone's work performance with a single act only qualifying
if extremely severe. It creates an intimidating offensive environment that a reasonable person
would find unacceptable,
often requiring employer training for supervisors.
So that is the definition, which is not defined.
But I wanna bring up a point
that I heard a public commenter make, made,
about the interactions during the planning workshop.
And in the planning workshop,
there was a facilitator there
who was trained on facilitating a meeting,
and if that facilitator would have seen something
that was so egregious to rise to this level
that a reasonable person would find it unacceptable,
then she would have said something,
but she didn't, unless someone remembers that.
There is no mention or comment about any abusive behavior
from a trained professional.
So in that respect, I do not believe that this is,
that one example factually correct,
the way that Council Member Aguilar has been characterized
in his participation in that planning session.
I would also like to state that
there was selective use of information in this report,
And I've noticed this before and other reports done by the city.
And this is not the first time I've raised concerns with our, um, investigations.
For example, during the vice mayor vote, the city attorney was asked twice to
clearly define what the, um, adopted procedures were for vice mayor clearly
define it and he did and that procedure there was discussions on it much earlier
months and months and months ago there was nothing documented to say otherwise
than what the city attorney had presented and that's to the letter of
the T is was what was followed so I don't think that you can leave that
information out that's really important information that the investigator did not mention that
the city attorney clearly defined what the process that was documented was for vice
mayor okay at this point in time we'll go to our next speaker is your your time is up
is there any other discussion on this item council vice mayor please just to clarify
this is just comments on accept a motion there's a standing motion as to
whether the findings of the report with respect to council member regular should
be not on that okay okay seeing no further discussion please vote you'll
have more time when it comes to your specific section all votes from the room
are in councilmember Azzavato your vote please thank you the motion carries with
With four yeses from Mayor Gonzalez, Councilmember Bowen, Councilmember Bolt, and Vice Mayor
Viviros Walton.
With Councilmember Simon voting no.
And Councilmember Aguilar excluded.
Thank you for the clarification.
And so to be clear, your vote count will be 4-2 and a recusal exclusion.
Okay.
Thank you.
I stand corrected so that it will be a 4-3 vote.
Legal counsel says that he may vote on this, so thank you for the clarification.
And thank you for that.
Read that back into the record.
The three no votes include Councilmember Simon, Councilmember Aguilar, and Councilmember
Thank you. Thank you. So at this point in time, let's move to the next question. The
question has been posed is whether there should be disciplinary action. And then once we say
yes, no, then let's move into the nature of that discipline. Council member Simon. My recommendation
for discipline is restorative justice mediation. This is what we have discussed in a previous
I'm gonna ask you to pause for just a second.
So you're saying that there should be,
so the way that I'm framing this question is
I just wanna say yes, no, there should be discipline
or there should not be discipline.
Now, if you wanna withdraw, that's fine too.
I just wanna-
No, I'm just thinking, let me make sure I,
I would say there is no discipline.
However, I feel that restorative justice mediation
is a means to resolve this situation for the full council.
Okay, so first let's see if there's a motion or discipline
because if there's no motion, I'm sorry, hold on.
If there's no motion for discipline,
there is nothing more to discuss, right?
Okay, I pull back my comment
and I would like that to be discipline.
I think discipline should be restorative justice mediation.
So I wanna be clear.
So you are making a motion
saying that there should be discipline.
Calling it restorative justice mediation, yes.
So you're saying there should be discipline yes, then you're then we'll have another motion to discuss the nature of the discipline
So first you your councilmember Simon has moved that there should be discipline
I'm gonna come to see if there is a second for that motion councilmember Bowen. I will 100%
Second that there should be discipline. Okay
At this point in time. Look, is there any further council discussion or questions about this?
Motion because it's just a yes. No, I haven't finished my motion. It's a multi-part motion
No, that's not I that's not what I called for I called for something very specific and that's the only thing that I am accepting
It's a should there so you then said that you withdrew your motion and then you reintroduced a motion that said yes
There should be discipline
So are you saying that? Yes, there should be discipline. Are you staying with that motion? I am but I would like to finish
the type of
We'll get to that in the next stage
So the next stage will be what is the nature of the discipline?
So first is there any discussion on the motion as to whether there should be discipline?
I just want to make sure that we I cannot see Councilman Brasevedo. So if he has this hand up someone, please let me know
Okay
Vice mayor would you like to weigh in on this motion?
Based on the findings of the report, I agree that we should move forward with disciplinary
action for councilmember Aguilar based on the findings of the report.
So I just want to base that that's why I'm pursuing I'm supporting the councilmembers
motion to discipline okay any other discussion on this item okay so let's
vote on the motion that there should be discipline and then and then and for
this to be clear councilmember a let you may not vote on this on this motion
please proceed to the vote all votes from the room are in and councilmember
Azzavado may we have your vote no thank you the motion carries with five yeses
from councilmember Simon councilmember bolt mayor Gonzalez councilmember Bowen
vice mayor Viveros Walton one no with councilmember Azzavado voting no and
councilmember Aguilar excute excluded okay at this point in time we will
proceed to a motion on the nature of the discipline and then we can explore
discuss change modify whatever but let's let's get a motion on the nature of the
discipline council member Bowen thank you mayor and so I would like to make a
motion for a letter of reprimand from the City Council a statement of
disapproval and an admonition with the inclusion of an expectation for
behavioral course correction and, and training.
Yeah.
Could you repeat that?
I have a letter for up and then we can look at slide six.
And again, um, um, these are, um, Based on the findings in the report
that we just accepted.
And I just want to thank the council for having gone through the process
to seek out that report and accept the report,
be a letter of improvement from the city council
that the behavior is not appropriate
and should not be accepted,
a statement of disapproval and an admonition
and as part of these actions to include an expectation
of course of behavioral correction
so as to not repeat the behaviors.
Okay, so I've got clearly some notes here.
I'm not sure who our official note taker,
would it be you, city attorney?
I'm happy to be so.
Okay, would you please repeat
what you think you have heard
so we can get any remaining clarification on the motion?
So to be clear, council member Bowen, this is a motion.
Correct.
For a letter of reprimand, a statement of disapproval,
and an admonition, all as described in the policy
and as set out in the policy,
with expectation for behavioral course correction
so as to not repeat the behaviors.
I did hear a word training, but there was no expansion or.
To include training if needed.
I know that short of censure, we cannot enforce that,
But I hope that the council member will proactively choose to try to learn through training
or other corrective opportunities.
Okay.
So we've got a motion by council more bone is there a second?
Vice mayor, please.
Second.
Okay, so we've got a motion and a second.
engage in discussion or clarifying questions please did you have one okay
for some reason you're not coming out of the queue and then going back in so my
apologies please proceed thank you yes I back to my original comment I do believe
that restorative justice mediation is something that we should really really
focus on on our council and it's a tool that can help accomplish our goal of
working together effectively. And it helps again, it helps men gaps and
empathy, trust and respect between professionals. And it calls attention to
the need for more strategic and protect practical ways of addressing
interpersonal conflict. Restorative justice is evidence evidence based
practice that focuses on bringing individuals with ongoing conflict or
tension inter direct mediation. Restorative justice stands in stark
contrast to what we are going through tonight. This discipline hearing, the
punitive and awful, retributive ways that the American judicial system
frequently engages with individuals, particularly those who are black or
Latino, leading to further marginalization. When Vice, or when
Councilman Bowen sent her emails of concerns on, well, I'll scrap that. But I
I do want to state that we have to try something different.
I do believe that discipline does not change behavior.
I do believe that restorative justice,
we should try something different.
That's my comment.
Thank you.
We will now go to Council Member Bowen.
Thank you, Mayor.
I really appreciate that the council has gone through
process that we have outlined and adopted as a council. I want to share a
little bit about and I'm just gonna speak from my heart. My notes are all
scratchy. The reason why I'm going through this process is because I wanted
the misconduct and the harm that was inflicted upon me by Councilmember
Aguilar to stop. I have spoken to him one-on-one and have called out the
behavior and the behavior didn't change and it actually continued to get worse
and I am not going to litigate the report because I know what I experienced.
I will not be gas-lit to believe that what I saw and heard experience is not
true. It is true and it does feel incredibly validating to have a third
party independently invalidate and sustain the experiences that I have
experienced, many of which is really difficult to name, especially if it is in
isolation. I certainly named several incidences that occurred to me and are
not the only one. What is really important to remember in all of this is
that from the very beginning when I walked into the HR director's office I
just I did not know what else to do. I needed the behavior to stop because when
I come into these chambers when I come into this building when I show up as
council member that's my workplace and it is a toxic workplace to feel like I
am and again not just bias I know that people are really stuck on this idea of
gender bias but harassment and bullying and retaliation none of that is okay and
if I don't say something it doesn't stop and it could have stopped and it has not
stopped so here we are and the most that we can do as council members is to
regulate ourselves and the least that I'm asking is to say this kind of
behavior is not okay. That doesn't seem like that much. The real work is changing
behavior and it is not my behavior that it needs to be changed. I am calling it
out and the least that we can do is acknowledge the harm that has been
caused and it has been incredibly difficult especially with the behaviors
that I described that Councilmember Aguilar participated in because the
The harm that I experienced in Florida by a mutual acquaintance and the lies, the full
on outright lies that Councilmember Aguilar continued to say in his investigation and
throughout this process, is incredibly damaging, and it's damaging not to me, not only to me,
but to every person, every woman that has been harmed and has been sexualized and has
been assaulted.
I feel incredibly unsafe near Councilmember Aguilar
knowing that he was complicit
and continues to spread lies.
The person that assaulted me
has been charged with the crime.
The things that Councilmember Aguilar said
in his investigation is provable by video surveillance.
It is completely untrue.
And it is wildly inappropriate
that this is what we're talking about.
The least a person can do is to acknowledge the harm,
whether they intended to or not.
And instead the statement is masterclass gaslighting
and I refuse to accept it.
And I am not asking for what honestly is that much.
That's it.
Can we acknowledge the harm has been done
and that we will not do it again, please.
Councilmember Rivera-Swelton, or Vice Mayor Rivera-Swelton please. I'd like to
use some of my time for us to reflect on what Councilmember Bowen, I'll let the
clock run out as we reflect on her comments. This was not enough time for us
to reflect but I wanted for people to feel a little bit of what was shared and
I want us to feel uncomfortable about what was shared because it should be
tough to listen to and it was tough for me to share her to listen to her
sharing her experience. Regarding Councilmember Aguilar's statement, I
I continue to be disappointed as I've expressed from the dais about the difference between
impact and intent and you've shared that that was not your intent and we've gone kind of,
we've kind of established, I think I've been ticking the boxes on logical fallacies that
that have been kind of shared today.
The first one is a false equivalency
around the discrimination that you may have faced
or that you have shared you have faced
and creating an equivalency
about what the council member has shared.
What you have experienced
does not absolve from the behavior.
It's not right what has happened to you
you have shared, but the fact of the matter is that what has been shared in the findings
of the report don't have anything to do with what you have shared in your statement.
I also wanted to, another fallacy that was shared in the statement was fallacy of relevance,
right? Where we talk about we appeal to emotion or unrelated points that would
kind of counter the argument which I think what we have all come to know now
in street terms as gaslighting. And I continue to be disappointed of where we
are today, 14 months from the previous conversation and then on Councilmember Bowen sharing her
experiences of what has happened or what she has called out in the report. Before I get
to kind of the nitty gritty of the disciplinary actions, I do want to have a conversation
actually I'll just save that for my second round of comments.
But I would like to get a little bit of clarity
because of the three things.
So I'm now moving down towards process.
So I'm referring to slide six.
Letter of reprimand from the city council
and statement of disapproval seem redundant.
would like to kind of understand a little bit
about what the difference would be.
I know that C and D both have a resolution,
but they're both kind of similar.
So I'm just trying to understand like what the goal
would be of what the expected outcome and goal
would be for each of the disciplinary measures.
I'm supportive, I just wanna understand
what would be different from,
because we could include corrective behaviors and actions
within a statement of disapproval
because that includes recommendations
for corrective action or behavior.
So I feel there's a little bit of redundancy there,
but I'm also open to understanding
why the request is to have B, C, and D.
I'll just close by saying, I think D is 100% supportive of of moving forward with that.
I'm just unclear between B and C because they sound a little bit redundant.
And I just want to ensure that whatever comes out of this council is impactful and actually
carries out discipline and corrective action.
I will move to council member bolt unless you would like to offer some thought move to council member bolt
Okay, so I'm going to come to council member bolt
Yes, thank you
I've heard multiple times that the report is flawed the report is flawed and
I didn't count the number of times I was in there, but as a
Commenter suggested it was six times
What I do know reading is if it was six times
every time I was mentioned, I didn't have a problem with what they said and
Literally, they said what I told you and I don't want to speak on that right now because this is for
Council member Aguila so I'll speak on that later
But I can't sit here now and say I think it's flawed because everything that I read
Is what either what I said or what I heard so
to me I
Have to take the report as it's written. I want to give
Councilmember Bowen
some kudos if you will in the fact that when I talked to her on the phone personally
and I'm not going to discuss what we talk about you do a really good job of
guardrails with me and I
Put out there how I feel to you and you suggest why it may be right or it could be wrong
and I appreciate that about you. So understanding that part about you, there
are things in this report that are extremely disturbing to me sitting up
here with reports that cover the gamut. And I don't want to bring all of them up.
But anybody who who truly read that report and can take it in and is not in
a corner. That's what's happening right now is our community has gone to their corners
and you know whether it's council member Aguilar, council member Simon, completely guilty or
no they're not they're a good person because I dealt with them in this way. This is horrible
for our community. Even more horrible for the three people that are up here having to
do it deal with it personally every day but this is doing nothing to bring us
back together and when I express those comments to Councilmember Bowen she
makes it really clear to me like I didn't I don't want this I didn't want
this to go this way I just want it to stop and I've heard plenty of people say
a simple apology can go a long way and a lot of situations that were in here in
in this city. There's a part of me that if I knew I did something, or if somebody felt
I did something to them, I'm not saying you guys did, what I'm saying is somebody feels
you did something to them. That should sink in enough that you take that moment to say,
I'm sorry, don't make it about, and I'm going to be real and just say it here, don't make
it about being gay or Hispanic or a black man. And I win it. Council member Bowen on
don't make it about being a woman or Asian. Make it about being a human and
being sorry for the actions you've done. And so it hurts me because we talk about
a lot of things and I feel like sometimes we're getting to a place where
we can move forward and then this happens again or this type of council
meeting comes up and it's so draining for the whole community no matter what
side you're on. So I just gonna ask the community in the last minute please let
this be the last up first let this be the last time we something like this
happens right it has to start here before it goes anywhere else but then
the community let's move on from this and let's work on something that's gonna
help our city with that I'll stop council members Simon thank you
councilmember ball appreciates your feedback and it's good to have
differing I appreciate your feedback and it's good to have differing opinions and
and that's why we're up here, that's democracy.
So we can talk about things without getting angry,
without making accusations, without, without.
So I do wanna address the flawed report part
because you brought it up, and I would like to continue,
and I was cut off by the mayor and I couldn't finish.
So I will follow up on you, Dylan Bolt.
Since you were allowed to speak,
I will take that opportunity to speak.
I, I really, this is really important because this is not just this situation.
We've been through this with the former city manager case and there are many
other investigations that go on at the city and I've been offered to read the
reports and I read them and I provide comments and I'm like, really?
This, this is really what's happening. Um,
and I think there can be corrections that are made.
So I'm going to give you a correction and point this out to you how this report is
flawed, very clearly flawed.
Witnesses are very important, obviously. Right?
Like you said, you made statements and they went along what we talked about.
Got it. There are other witnesses that won't even participate and it's documented.
It's in this, the materials that are available.
There are good witnesses, witnesses that are unbiased,
witnesses that have relevant experience to the situation,
but they will not speak.
They physically won't speak.
And I'll call it to your attention, exhibit number 33.
Everyone can pull it up and look at it if you like.
And it's from former council member Corinna Lopez.
Why isn't she in this investigation?
That's kind of a good question. Where is she?
She has a lot of experience in working with council member Aguilar and I a lot
more than the people up here. Why isn't she speaking? And
in this email that everyone can see because her privacy was not protected in
the last investigation when everything was made public. So she didn't want to
participate. So we can't hear her side. Those air facts that air completely
missing. And we're just assumed that the witnesses that you have selectively
chosen from years ago, they know all. Not only that is the witnesses, some of the
other witnesses that would decline to speak, their words are misconstrued when
they're put into the report. And that happened in the last investigation as
well. Where you present something and then the investigator spins in a
different direction. So I think we have, and I'll talk about that more in my
segment, but we have serious flaws in our investigative process, serious flaws
that will help prevent us from taking a year and I do feel for council member
Bowen this never should have taken a year for you to have had some type of
resolution that's not right I completely agree but I did want to hit
that point that witnesses are important that's how this whole process is based
upon and if witnesses are too scared or too concerned to even speak we got a
major problem a major problem okay so seeing no further hands I just offer a
few thoughts thank you council members for speaking earnestly really putting
it out there. I do believe that, broadly speaking, HR type investigations, having done investigations
for many years, HR investigations are among the hardest to do because oftentimes there
isn't a whole bunch of documentary trail and you're listening to different witnesses
and exploring. I heard a statement that witnesses are not willing to share their story, but
I'm aware of only one witness, and that witness was displeased that there was
transparency last time. But everyone on this council voted for transparency, and
to let that be. So if we've got a problem as a council, because we want to be
transparent, know that that has consequences and impacts witness's
willingness to participate. In the end, I do believe that there are a number of
facts that are objectively verifiable. That statements are contradicted by
objective evidence. And so in the end, I am left to support Councilmember Bowen's
recommendation, which I believe is a balanced recommendation. I think that
ultimately Councilmember Bowen, or Bolt, is correct. We have to move past this. I
I know that I've had multiple conversations and when people say things like oh well you
know the mayor should be involved well I have been involved I've had multiple conversations
with all my council members about things that I see things that I like things that I don't
like but that's I'm not going to air all of that with with you those are private conversations
that we have as we try to work closer together that type of leadership happens behind closed
doors as we work to build relationship in different ways but when all is said and done
we're left with a situation where I do believe that what is being proposed is
balanced and I think you could have pursued censure or something much more
forceful but I think you have held back I believe that it is a balanced approach
and so I will be supporting this motion. Obviously we need to heal but that's
that's on a possible agenda at a future date. Right now we're talking about this
motion in particular. Seeing no further discussion please vote. Please proceed.
I just wanted to get clarification from council member on the kind of the
outcomes in between B and C. I just want to be clear. The important piece of both
B and C is the acknowledgement the misconduct occurred is not acceptable
that should be corrective. If B is if there's nothing in B that is not
included there is if there's nothing in B that is not included in C already then
we don't need B but I just want to I want to make sure that there is a
difference between B and C maybe by city attorney. Please proceed. Yes council
member Bowen there the difference is between B, C and D is that there is a
a resolution that will come back to the council and it'll have the language
from C and D the required language if the if you wanted to include that parts
of B you may but we can certainly include all the language from C and D
that was from the report will identify the findings
structurally, it'll say the findings.
This is why the resolution obviously is a factual document
that will show this is the facts.
And then we are the whereas clause will show the facts.
The resolve clauses will be the statement of disapproval
and the admonition.
And it'll describe in the resolutions resolve clauses
that the council adopts a statement
expressing disapproval and or displeasure.
Same with admonition, same resolution.
But the behaviors that were found by the council,
to be true, those types of behaviors are violation of law,
I'm sorry, violation of city policy,
as you described in your request for discipline.
And so we don't necessarily need to do a letter reprimand,
if that is your wish,
we can just all do surrounded in one resolution.
Thank you, and then I know there are many reasons
why I am not pursuing censure,
not because I don't believe that it is serious misconduct,
because I do believe it to be serious misconduct,
but one of the reasons why I would have wanted
to pursue censure was that there was a possibility
of enforcement so that you could do trainings
or you could course correct behavior.
And from the last slide on slide 11,
completion of task training with conditions
that if not completed result in going to formal censure.
I do not want to go through this process again.
So I would, I ask Council Member Aguilar
to find some part of him that can be open
to reflecting and we've talked numerous times
about restorative justice and fundamental to that
is acknowledging harm that's been done to the person
and fundamentally to that is a core principle
is that it is working towards that healing process
And so I really want to ask the council member
to find a way to hear the things that have been said
and to hear me and to understand that this isn't
about my hurt feelings.
It really is about me trying to show up and do my job.
It really is about me trying to stand up for myself
and for others and to make this a environment
that people could come to and work in a space
that is not where harassment and bullying
and retaliation exists, thank you.
I'd like to just kind of clarify,
did I hear you say, not to diminish anything you just said,
but just to make sure that between what city attorney said
how you answered. Are you saying that you would be fine with not the letter of
represent that it's all really in the statement in the resolution statement?
Statement and yes and with the CND. And the admonition. Okay so then just to
clarify I want to make sure that my motion is therefore clear. So my motion
or was it your I'm sorry your motion my apologies I was thinking of the prior
action your motion is specifically for items C and D on that as we had
previously described and you are explicitly removing item B and I believe
your seconder was Vice Mayor do you concur do you still second the motion
yes okay so with that in mind are you clear on the motion and if you'll clear
everybody feels clear up here do you have a clarification okay so to be clear
I think there is an outstanding question but I would like to clarify from a
process perspective so the motion is clear on on C and D are you seeking to
participate in the formulation in the drafting of that resolution council
We will vote on this item.
Thank you, Mr. Member Bowen.
I will work with you, and city
attorney, city manager, to
prepare a draft.
That will then come to the
council, and the council will
ultimately approve that.
Right now, this is the proposal
that we will ultimately see that
final resolution that we will
need to vote on, because we
I'm gonna proceed to a vote.
Votes from the room are in council member Azevedo your vote please.
No.
Thank you.
The motion carries with four yeses from Mayor Gonzalez, Vice Mayor Viveros Walton, council
member Bolt, council member Bowen, two nos from council member Simon and council member
Azevedo with council member Aguilar excluded
At this point in time, we will take a brief
recess
Let us come back to the room at 9 12
Okay does 9 12 we are back in session. We are proceeding to item
10 D
And we have city attorney rich Pirota presenting this item
Thank you mayor the
just for I think
Efficiency I'd like to suggest with your permission council to go to slide 4
Because the presentation is obviously substantially similar except for slide 4 which contains the findings specific to councilmember Simon
Otherwise I can go from the very beginning in if you like
Please proceed we've seen the presentation before. Thank you facts and findings regarding councilmember Simon again
the facts were based on the October 27, 2025 investigation report by Jane Cowell
of HR law consultants and the findings specific to councilmember Simon where
that councilmember Simon retaliated against councilmember Bowen following a
vote on councilmember Simon censure at the November 18, 2024 council meeting
and again we reference the pages in the report for those to go for you to go
directly to those pages to read the findings finding the second findings
that's Councilmember Simon's comments,
derailed at the City Council's consideration
and vote on Councilmember Bowen's priorities
at the April 2024 planning session.
And that Councilmember Simon
subjected Councilmember Bowen,
female City Councilmembers, and a male employee,
I'm sorry, a female employee,
to differential treatment reflecting gender bias.
Again, the Council consideration of discipline,
just to recap, a Councilmember who is the subject
of an alleged violation shall be ineligible to vote
on any matter related to a disciplinary action,
including but not limited to agendas in the hearing,
and adopting a resolution of censure,
and the actions of the council shall require
the affirmative votes of a majority
of the entire council membership.
That's in municipal code section 1-1-305.
I can continue council, or we can go to the final slide,
which is the request for action,
as it pertains specifically to Council Member Savin.
So it's the exact same structure,
why don't you flip through it quickly, please?
Just to jump back to, this is identical, correct?
This is identical.
Please proceed.
Slide seven, also identical.
To the remainder of this is identical, correct?
Correct.
Okay, so thank you.
I think we've seen those slides before.
We just went through the process.
I think we're familiar enough.
At this point in time, what I'd like to do
is take a public comment on this item.
Mayor, we currently have eight comment cards and two.
Three hands raised online
Let's begin with our in-person comment, please
The first card is David Anderson, who I believe is not present
so the next speakers are
Caroline Jones
Moline Dupree Dominguez and
Michael McGuire
Am I good to go?
Moline Dupree Dominguez still, okay
Justice delayed is justice denied. It's been a year
Dragging out this process
Continuing to bicker about an independent investigation
That was paid for with my and your tax dollars
enough the
investigation is
Over it's on paper by a lawyer who knows what she's doing
Forcing Councilmember Bowen to sit here week after week, month after month, is appalling in and of itself.
But dragging out this process is so disheartening to me as a citizen.
This is such a monumental waste of all of our time.
The complaint from Councilmember Bowen against Councilmember Simon is also one year old.
The report is completed. The findings are clear. It's over. Let's stop litigating a report we paid
a ton of money for. There is no reason to continue to argue with the findings of an independent
investigator. This is the mechanism we have to move forward. That's it. We must honor the
mechanisms we have. Anything else is stonewalling and it appears to be incredibly motivated
by a guilty conscience. Councilmember Simons sustained systematic unprofessional behavior
that is documented in this report is appalling. Completely unbefitting of a public official.
The need for discipline in these substantiated complaints
is glaring.
Furthermore, it is obvious to me again
that the maximum disciplinary action is called for here
in order to judge to you.
Thank you.
Your time has elapsed.
The next three speakers are Tiffany Tresse, Jeff Duritz,
and Deborah Acosta.
My name is Tiffany Tresse.
retired in 2024 after 30 years of service. I was contacted that an
investigation had been posted to the city's website and I was in it. I was not
a party to or subject of the investigation. I was not notified or
contacted. My name was publicly posted on page 22 with false allegations against
me. The matter regarded an email I had sent praising the work of another city
employee who had completed regulatory filings for which the city was in arrears.
The memo makes passing reference to the disruption and turnover resulting from a reorganization.
Subsequently, my manager delivered me a verbal reprimand required of him by Janelle.
He explained that Janelle had felt that making reference to difficulties in the city was
criticism of her and that she had been compelled and that he had been compelled
by her to reprimand me despite disagreeing with it. The city's non
compliance was not mentioned as a concern and the inference made to
whistle-blowing is disingenuous. At no time was I or my manager contacted to
verify allegations made in the report. Instead the investigator viewed my
personnel file without my knowledge or consent and came to the erroneous
conclusion that since the reprimand was not documented it did not occur. The
reprimand was not documented because it had no merit. You have a duty to correct
this. Please remove my name and all references to me from this report. Thank
Thank you. The next speakers are Jeff Duritz, Deborah Acosta, and Leo T West.
Good evening everyone. Jeff Duritz, representing around 265 city employees.
I really don't want to be here making public comments right now, but you all did publicly
post the investigative report, and there are things in that report that I know factually
are not accurate, so I felt I had no choice but to correct them. The report does say and I don't
know I can't recall exactly who or who that people opposed the appointment of Fran Robostelli with no
credible reason as City Manager and likewise Janelle's promotion to City Manager. There's no
credible reason for opposing their appointments. That is not true. I had
received really negative information from folks in Hayward, from when Fran was
the HR director there, that she did not work well with the union, she did not
work well with employees. I relayed those concerns. I had concerns from
Tiffany, that was not an isolated incident, what you just heard about how
Janelle was dealing with our members and I relayed those concerns. I'm the
union representative. When I get concerns like that it is my job to relay
them to elected officials. When the investigator determined that there was
no credible reason what I would ask you all to consider is that I didn't just
tell Fred and Victor this information I related to other council members that
this is why we have concerns and so you all know that when it says in the
investigative report that there was no credible reason that there actually was
a credible reason so I'd ask you to just consider that in terms of the quality of
the report who was sought after and interviewed and who was not and why some
things were in there or not thank you thank you the last speaker card is from
Theo T West. Mr. West, thank you. Mayor, that concludes the cards from the room.
So we will close in-person comment and proceed online. Okay, we currently have
five hands raised. The first speaker is Douglas Spalding. Thank you very much. I
I think the report is disappointing in that it does not exactly evidence Councilwoman
Bowens' righteous claims.
It is largely circumstantial and it doesn't really provide very specific evidence.
Its findings are opinionated.
It suffers from circular logic.
As a teacher, it reminds me as a science teacher of those many lab reports I've received where
It's a hypothesis and whatever happened happened. So I was right. So here we have a complaint and we interviewed some witnesses and we were right
So for this reason teachers have used a new framework one that maybe most people here are not familiar with where we ask you to make a claim
Supported with evidence and make sense of it using reasoning or rationale. The rationale here is clear
All right, we live in a sexist world
Patriarchy is a reality
the city. Okay, so let's pin
that he's entitled to his vote,
just as voters are entitled to vote him out
or any other elected official for that matter.
But for some reason,
council member Simon's been twice elected.
City government works best when they're competing ideas
and debate to reach an outcome.
And the council got it right
by selecting councilwoman Vera Swalton,
by hiring Janelle Cameron,
by electing councilwoman Bowen as vice mayor last year.
I look forward to Council Member Bolt be following up.
Thank you, sorry your time has elapsed.
The next speaker is Melissa Wong.
Hello, I wanna be very clear that I am neutral mainly
because I would not accept the investigation report.
I know that you just voted to accept it
and there are consequences for that,
but not without major reservation.
and just you heard from someone who represents 250 people
that there are information that is missing or misleading.
So please, that aside, the city and council
will have to live with the consequences.
And I want to again, note that I have a laundry list
of reasons why and it is public record.
And I'm glad about that.
So during the November, 2024 central meeting
and even tonight I question why others never said
or did anything at the time of occurrence.
So at this point you have to ask yourself, are you an enabler?
I do appreciate council member Bowen.
You could have asked for a lot and you didn't.
I hear you that you want an apology.
I do hear that, but when I look at the report,
I cannot, or I want to find somebody
who can identify two examples of a word,
a word's action specifically that is listed in the report
so that the two subjects could say for that,
I shouldn't have said that word,
I shouldn't have done something.
It's hard and maybe training, whatever it is,
but I really think that everybody in the council,
in the city and maybe the public needs the same training
because at this point after reading it again and again,
I have no clue what those specific charges are.
So an apology, I am not sure what.
Thank you, your time has elapsed.
The next speaker is Jesse.
Good evening council.
My name is Jesse Rubin and I am a member
of the League of San Leandro Voters.
Some may think the drama surrounding this investigation
is overblown as we have heard from other commenters.
Overblown because politicians lie
and play games all the time.
So what's the big deal?
The big deal is this.
We cannot accept the behavior described
in this investigation or the behavior
that led to Simon's prior censure as politics as usual.
Because once we do, it becomes the new normal.
Just as the increasing tolerance
of the Trump administration's bully politics
created a dangerous new normal nationwide.
Your vote tonight tells us your Stanley Andrew constituents,
what kind of behavior and judgment we should expect
from those who lead our city.
It also sends a message to anyone with political ambitions
about what conduct will be tolerated
if they are elected to office.
If we want our city to be governed by leaders
who are in it for the right reasons or the public good.
Then we must create a political environment
that attracts and supports candidates who share those values.
The fact that Simon has repeatedly refused
to acknowledge any wrongdoing over the past several years,
including tonight, even after that wrongdoing
has been independently substantiated,
is appalling and cannot be ignored.
If this behavior is tolerated,
we will not deserve to be governed by council members
like Zula Bowen in the future.
show us that you care about creating a political environment
where ethical candidates could truly make a difference.
Vote to continue the discipline process.
Thank you.
Thank you.
The next speaker is Bella Comello.
Can you hear me?
Yes.
Good evening, my name is Bella Comello.
I would like to say that I have known council member Simon
for about eight years in a professional role
a senior commissioner but also as a family man, a loving son, a caring husband, and a dedicated
father. In all these years that I have known him, I have not seen him to be disrespectful to any
woman or man. One thing that stands out to me about council member Simon is that his deep
concern for his constituents and his dedication to the community. He wants the work to be done.
My general suggestion is that when differences arise between colleagues that they should be
referred to a conflict resolution or restorative justice immediately and not wait for the problem
festers and becomes a wound and that we discuss it one year later and it and it wastes a lot of our
taxpayers money. Thank you. Thank you. The next speaker is Mimi Dean. Hello. Hello.
All right so conflict resolution and restorative justice are definitely the way to go and doing it
right away, not waiting a year or two years is a really great idea.
I'm going to reiterate that that report
and then listening to that union rep speak.
You know, come on.
That report was very flawed, and we all know it.
So I serve on the Oraloma Sanitary District Board of Directors,
and I got seated last December,
And I have been working very closely with Fred Simon for the last year.
And I can tell you that Fred Simon is an incredibly thoughtful,
intelligent board member.
He even when we disagree about things,
we have had issues that we did not vote the same way on.
Fred and I sat down and talked about it and talked about why
we why we looked at things differently.
I have met Fred's family, and I know that he I've met his family.
I've met his friends.
I know that this is a person who deeply cares about community.
He deeply cares about people's rights.
He's an advocate for people.
He's none of the things that he's being accused of.
And it's really very disheartening to me, especially,
You know, like I said before, you know, well, I stand by Fred Simon, and I hope you do too, because he's a good man. And he only has the community's best interests at heart. And I'd appreciate your support for him tonight. Thank you.
Thank you. The next speaker is Leanna Castello.
Hi, just coming back to reiterate a similar point that I did for the other topic, Mayor Gonzales and City Council, please, please, please do a disciplinary action towards Councilmember Simon, Councilmember Simon has proven that they're a liability, not a leader, I'm sure he's very nice and, you know, and personable and all of those things, but just a constant lack of leadership and constant liability wasted time, wasted taxpayer money,
and not moving material issues forward just needs to be addressed. We deserve better
as members of this community, as civil servants. I really appreciate you moving forward with
disciplinary action. Thank you. Thank you. The next speaker is Corina Lopez.
Thank you and good evening. My name is Corina Lopez and I have had the honor to serve on
council where you are and I know it's a tough place to be. I'm speaking to promote a spirit
of reconciliation collaboration. This evening I take no one's side. I've met most of you on this
topic in person or via Zoom or via phone calls and know that you're sincere about wanting to get the
council back on track and know that you're eager to promote public policy and the community good.
for that to happen there needs to be a spirit of reconciliation and humility. I'm not seeing that
yet. I know it's a tough job and I'm confident that you can and will get past this but there
have to be all the branches that are extended. The content of what I wrote read in the report
I think it is distressing, however, I also know that in former reports, certain things
that were very germane, in my opinion, while I was in the Council were not included and
other things were haphazard. I feel fortunate that I did not experience gender bias by colleagues
on the Council. In fact, I had the honor of serving with the majority-led female Council.
I don't know if I can. But
watching this tonight. And you
know, having read and talk to
people. I think it is warranted
to have apologies given to
council member Bowen. Um and
that you know, she has been
deeply hurt and she represents
me in District five. I'm
speaking as a woman of color,
and I know the bar for us and
for the two women of color on
as to work harder, do more, and have to prove ourselves to a higher standard, and that in
fact we're double standard. So please keep this in mind when you are looking to resolve
and be supportive of one another. Thank you. Your time has elapsed. Mayor, this concludes
the hands raised online. Okay, so we will close public comment on this item. It is my
my intention to follow this same approach that we used last time to ask
three questions. First is council accept the findings of the report with respect
to councilmember Simon then proceed to the question of should there be
discipline. That is a yes no question. If the answer in the affirmative to that is
in the affirmative to that question we will then proceed to a motion and
discussion around what the nature of that discipline would be. So first let
us begin with the question of do we accept the findings of the report. To
open up the floor I will make an administrative motion to just say I move
that we accept the findings of the report. Do we accept the findings of the
report specifically for as they relate to Council Member Simon. Do I have a
second on that motion raise a hand if there's a second because it's hard
everyone's punched in and I don't know which order okay so vice mayor I've got
a second now let's enter into a discussion on whether we should accept
the findings of the report with respect to councilmember Simon councilmember
Simon I will let you go first please. Thank you I'm going to share some things
that prepared in advance in addition some feedback on some comments that I've
heard from the public on both sides and I understand and I respect that we have
to work together and we have differing opinions and that is a good
thing differing opinions because if we all thought the same then we wouldn't do
anything new it'd be just the same old same old and that's not what we want in
our city we want we want better things for our city. Regarding the validity
of the report, I must say this is a very poorly written and factually incorrect report. I had things prepared, and I'll share that first, but first I really want to hit on things that we heard from the public. The investigator completely ignored the documentation that I gave that I had information from the union rep.
that he gave me not only me but he gave it to other council members that there
were concerns with Janelle and this was during a time when we were
soul-sourcing Janelle there was no competition it was Janelle and it's not
I'm not trying to bash you Janelle that's not my attention I'm just kind of
going through the process so I think competition is a good thing I think we
should we should always look at all sides all the issues even if it's
uncomfortable to talk about we should talk about it but if we brush stuff
under the rug rug if we rubber stamp things then how are we going to get
better and this investigator stated that I had no reasoning for questioning
Janelle's sole source hiring. That is a major flaw. I don't know how what more
flaw can you get than that. And I was verbally told this and then I said Jeff
I need something in writing. I can't just verbally say something. I need some
documentation. I submitted the documentation to council in closed
session. I submitted the documentation to the mayor and to the city attorney and
followed up and it's still discounted.
So for me to say that I didn't support Janelle because
of her gender is preposterous.
It's absolutely insane.
I respect Janelle as a person.
I respect her.
And at the time, I had questions but had nothing
to do with her gender.
Nothing furthest from my mind.
So, that is one factual inaccuracy of this report.
And, talking about the validity,
why didn't this investigator simply call up Jeff?
Say, hey, I have this letter, it's been documented,
why didn't she, for $134,000,
why couldn't she make a phone call to verify?
And she could have found out that she was wrong, wrong.
And this is what I've experienced
since I've been on council
when I very first got elected.
I've been punished for having a differing opinion.
And I'm hoping you don't do that again to me here tonight
because I'm speaking differently
than what the majority of the council believes.
And I do want to go back to Vice Mayor Bowen,
excuse me, Council Member Bowen.
And I do want to work with you.
I do want reconciliation,
like I heard former council member Corinna Lopez,
but I would like to have my vote.
Even if there was some agreement
or miscommunication agreement, my vote is my vote.
It has nothing to do with retaliation,
nothing to do with any of that.
So in a democracy,
it's healthy to have disagreements.
So I really want us to continue with that.
But what I do also wanna say is that
we have to think differently in San Leandro.
There's a lot of political divides
which are ingrained in the fabric of old San Leandro.
When I mean old, I mean, not even that old redlining,
which continues to paralyze our council and our city
as we've seen the past two years.
How much time have we spent on these type of issues?
Look how much time and resources, $134,000 alone
on this investigation.
And I will point out more flaws if I'm allowed the time
since we've been doing this for two years,
please let me have the time to point it out.
Five minutes, over two years.
Okay, $134,000.
I think we should request a refund of that $134,000.
I think we should claw it back.
I think we should, like Melissa Wong has pointed out
and I really would ask each council member here
to read her, I don't know what it is,
three page dissection of this report,
and thank you, Melissa, she really put the time into it.
And like she said, she wanted to be objective.
She wasn't taking any sides.
This report has major flaws, huge.
And it's not just this report,
it's other reports in the city.
This is bigger than just me and Victor,
a council member, Bowen.
This relates to a lot of investigation
that I've seen that I've got concerns with.
So I want each of us to look at ourselves and trying to find
peace and move forward as a council and as a council body and
adhering to a democratic process as we deliberate this topic.
Considering disciplining two council members, even though it's already been
done for Victor, I wish I could have spoke more, but I was not allowed to speak.
Unfortunately, that's a common theme.
We should be allowed to speak, uh, by simply using our voice and exercising our
vote but I'm personally committed to synthesize our differences and I do want
to work with each of you for the good of our community and staff and I hope that
each of us do the same at the heart of tonight's discussion is the allegations
of retaliation and gender bias in the cow investigation and these meetings are
recorded most people know that I mean go back and watch the meetings I don't have
really much personal contact with anyone here really, except for in these meetings. So watch
the meetings and decide for yourself if I'm treating Councilmember Bowen inappropriately
or any other female counterpart. In 2022, I voted no on Pete Baloo, a councilmember,
a male. This is the councilmember, Pete Baloo, who said, if I was a slave owner, I would
be a good slave owner and I informed the mayor of this over a year ago with no
action. This is one of the witnesses. This is a so-called credible unbiased
witness and I would like to talk more about the witnesses but I also voted no
on a number of initiatives from Mayor Gonzalez whether it's a female or male
binary, non-binary, I will vote based on its merits. It doesn't matter. It's the
merits. I question staff, male staff, female staff in the same manner and
looking in retrospect looking on the process I do acknowledge I can have more
interaction with staff ahead of the meetings and I acknowledge that and I've
reached out and I've expressed that so I'm going to work more spending more
time with staff in advance of meetings so they don't feel blindsided. But as far
a cow report, again back to its problem, it's not valid. I won't get into the weeds, I could
if I'm asked to. However, this report contains mischaracterizations, it contains omitted
information, it contains selective use of information. The investigator is biased. She
She has made untruthful statements and she badgered me during the investigating process.
And there was a video, once it's uploaded, I understand it's been taken down of my interview,
my investigation.
And you can see for yourself what it's like to go through one of these investigations
and if you believe it's fair.
And I believe we should have a voice and a say if we're being treated unfairly.
And I was being treated unfairly.
And this is a term that I've never heard before, but this report actually called something
called double hearsay, really double hearsay.
How can an investigator, a lawyer trained include this in a report and let me explain to you
how she's done this.
I don't have the exact verbiage in front of me, but what it says is that Fran Robastelli
says that Sheila Young says that I'm horrible to women at
Oroloma Sanitary District and I'm dismissive and this is a
pattern. $134,000. Again, just like Jeff Turret. She couldn't
pick up the phone and say, hey, Sheila Young, is this actually
correct? Or, hey, Oroloma Sanitary District, is this
actually correct? No. She would not do it. Why does she not do
do it. What was her motive? I know how I was treated in this investigation and that's why
I recorded it. And it's not fair. It's not right. And it won't be fair for any one of
you to go through what I went through and Councillor Agla went through.
So what I'd like to do is having spent another five minutes I'd like to go and hear from
some other council members at this time. If you'd like I can come back to you after that.
bolt you've been waiting thank you yeah there's a lot to unpack with this some
of it I just I don't want to I just want to throw the whole package out when
you speak up here Jeff as a union man there's a lot of credibility in your
word and I appreciate you coming here today to speak to that I didn't know the
the lady and unfortunately I can't say that I even remember that what part of
the report she was in but you following because at first I was like what's she
talking about I don't know who this but when you spoke to it I'll leave it there
and I take it for what it is and so obviously feels like there's some
questions with this report although my part in this I wasn't here for a lot of
of it. Councilmember Simon, it's in the report and anybody who knows me knows I can say certain
things when doors are closed to people's face, not behind anybody's back. It's not how I operate.
If I'm going to say something negative, I say it directly to the person and there's a part of that
report I'm not happy with the words I use to describe you but I did it and I
accept that. It doesn't change the fact that you when I came on council you
specifically laid out how the vice mayor was going to be chosen in the
process that was set up the prior year for you to get the vice mayor position
and you explained it to me and I said okay well that's Vice Mayor Bowen then
this is exactly who that and you knew that and Victor was a part of that
conversation as well time went by and we talked on the phone you said I'm not
gonna vote for her and I called you a dummy I shouldn't have done that and so
because it went in the report I wanted to say it here that's not what how that's
not how I should speak to you. I wish it would have stayed behind but it didn't.
So for that part, I'll be better, I hope. But for the other part, it still
stands. You knew the process and you did everything to skirt the process. This is
for a and I'm not trying to diminish vice mayor role in this city but to me
it's a very meaningless position with title only and I'm not saying you two
don't deserve to be vice mayor anybody up here who has you guys put your time
in you're really good at what you do but the process was laid out and you chose
to go against it, and I told you, you would wreak more havoc with this vote, and your
comments that night, because you told me what you were going to say, then you would get
any good out of it. And you said to me exactly what you're saying now, my vote is my vote.
True, it is. And you have your vote, I agree. But your actions that you took, and I will
say this too, just to be clear, because I said it before with Victor, I personally believe
it wasn't about a bias, a female bias, but I do believe it was very destructive and it
was wrong. You shouldn't have done it. You should have just let it go. We put too much
into this to try and do good things for the city and then we go and shoot ourselves in
the foot with these silly little votes over meaningless positions just to get back at
each other. And for the life of me, I can't figure it out. Like we've all worked so hard
in our lives in so many different areas to get to the places we've been and very proud
of everything we've done. And then we come here to play these games. And I'm using air
quotes, politics. It's pointless. We're a little town. We should be doing everything
Nothing we can for the community and nothing to destroy each other.
Councilmember please.
Thank you, Mayor Gonzalez.
I think there was there are a lot of things in that report that just didn't amount to
truth.
There were things that were said about, you know, someone spreading rumors about affairs,
someone potentially setting up to be assaulted.
who don't have degrees or dumb I think that's all of that is just for I mean
for people to say those things that's just defamation you're deaf you're
defaming someone's character you're misleading folks to believe that you
know certain things because people don't agree I mean let's be honest like the
report does not support severe discipline against councilmember Fred
timing like full stop it's it relies on assumptions perceptions and narrative
not facts not clear violations and not evidence that meets the bar for
punishment disagreement is treated as misconduct intent as guests instead of
proven and lawful counsel actions are framed as wrongdoing and I believe you
on that vice mayor vote, Dylan I voted to abstain because I was nominated, I was
waiting to vote on myself. I think, you know, that's not accountability,
it's overreach. I think severe discipline is punitive and punitive action requires
certainty and this report doesn't come close. If we discipline, council member on
this record, we send a very clear message. Independent judgment is dangerous,
dissent is punishable and disagreement will be policed that's not leadership
that's just chilling speech I think Fred Simon should not be disciplined based on
the flawed report that can't support its own conclusions he should be cleared
and this council shouldn't want I think anything else is performative and
reckless that's my comment thank you this is where we go to vice mayor we need
to make a motion to extend right at that time. Do you have a motion? I do. I'd like to extend
it 1030. Okay. So we've got a motion from council member from vice member of
Walton to extend it 1030 with a second from council member Gilad I believe. Is that correct?
Thank you. Please vote. Votes from the room are in. Council member
Asavado your vote please. Aye. Thank you. So you may continue was that it? Okay yeah well no no no
we're still counting votes. It takes a second. Sure thank you. The motion carries unanimously
all members present and all members voting yes thank you. I just I'm cognizant of the time
and we haven't yet voted to accept the report.
We'd like to just, I don't wanna, anyway.
I just, there's a motion.
I think people have started in their talking points
talking about other things not related to the motion.
So I'd just like to move us along.
Okay, thank you for your input.
I'll go to Council Member Bowen.
So we do have a motion and we do have a second.
Can we vote, can I just go?
I would like to make, if you don't mind,
I'd like to make a comment.
Sure.
Then we can move on to a vote.
There's been a lot of discussion about the report quality
and the like.
And again, I'm just going to emphasize
that these are very difficult reports to do.
These sorts of HR investigational reports
are very difficult to do.
I have reviewed the comments from the members of the public.
And there is always room for interpretation,
but the general principle is I find that the report is reliable.
There's been specific reference to the mayor having been provided an email.
So what I'm going to do is I'm actually going to read that email into the record
because this is the email that the mayor ignored.
And so I want it to be very clear what was given to the mayor.
Public works leaders.
between deeply disruptive organizational changes
and a dizzying amount of turnover,
every one of 10 city facilities subject to hazardous
materials and task regulations fell out of compliance.
Needless to say, this was a very serious position
for the city to be in as both an institution of government
and as an oversight agency.
The undertaking to turn that situation around was enormous.
Sarah Holguin jumped in, and with total commitment
and a heavy lift, mastered a data system she had never seen
and learned more about regulatory reporting
than she had ever imagined.
The CUPA appreciates the speed and thoroughness
with which Sarah met a tall challenge.
Regards, Tiffany Treese.
How on earth that indicates that there is some sort of improper reprimand is beyond me.
I think you read documents on their face and those documents,
this document in particular, says nothing.
So when I hear arguments about the invalidity of this report and I see references to emails
like this, I think it's important that the record be clear.
There is nothing in the email in question
that challenges the underlying foundation of the report.
Having had everyone speak at least once, let's vote.
All votes in the room are in.
Councilmember Azevedo, your vote please.
No, and you know what, I've had my hand raised a few times
and I've never got called on just to let you guys know.
My hand's up right now.
Thank you. My apologies.
please speak up do not do not be do not be afraid of just a point of order and let yourself
be heard please okay the votes are in and the motion carries with four yeses from mayor
Gonzalez councilmember bolt vice mayor vivaros wilton councilmember bowen with two noes apologies
three noes council members Simon councilmember Aguilar and councilmember
Azevedo. So to the next step in the procedure that I laid out at the
beginning of this item is there a motion that says discipline should be applied
in this circumstance given the findings of the report. Councilman Bowen. Motion to
discipline. Okay. Is there a second on that motion? Vice mayor please. Second. Okay
so I've got a motion from councilmember Bowen with a second from the vice mayor
and hold on just a second. Okay so to be clear for the motion that sounds like
for the public they might not have heard the motion the motion was motioned by
council member Bowen to discipline and that's I believe what you seconded vice
mayor at this point we will proceed to discussion on this if we have any
councilmember Simon is that as I please proceed now come to you okay so I will
come to you councilmember Simon yes on the email that you read interest so we
have dialogue and one thing I would like to point out I really do believe we need
rest restorative justice mediation because we should be able to
communicate and talk. And every time I try to finish a statement, you just cut off, cut me off
and say time to vote. But I really wish that you'd give me the opportunity to speak. I really do.
And I request that next time. But in the email, if you can confirm while you're looking at it,
you left out the part that says right above where it says Tiffany trees, Wednesday, May 1st,
2024 1 31 pm right above that it says email that resulted in tiffany being called to the plant
manager's office and given a reprimand at janelle's discretion that's exactly what
i gave to the council in closed session that's what exactly what i gave you
that is a concern and that's that's it um so i just want to clarify that i do want to
state that we have to make and I'm hoping we can have a dialogue as I do believe this
discipline process is not going to solve the problems that we have on council.
There's other work that we have to do for sure and I what I would like to focus on
is to help us here is to make structural changes on how we resolve our differences
and I request support from my colleagues to make a positive lasting change
not to simply issue discipline and hope it goes away.
And I do have to kind of go back to council member Bolt's comment about why did I not just
vote yes and vote mayor. Why not just vote yes and let it go away. And why I did not vote yes is
because I felt that council member Bowen was not fair and not impartial and
that's what it states in the report and this goes back to the local 21 business
rep document when in the investigation report previously through robust Ellie
council member Bowen she failed to share this information with the
investigator that clearly showed that that's not gender bias rationale by
sharing concerns that the union rep had about reprimanding inappropriately by
Janelle those concerns that is concerning to me and when I see concerns
I'm going to speak out even if it's just a vote and I shouldn't be punished for a
vote it shouldn't spend a hundred and thirty four thousand dollars because of
vote or a year because of a vote I also want to point out another concern I have
about voting with my vice-mayor was that I was the only person on council that
was removed by the mayor and council Bowen willingly accepted the position
and I was removed against my wishes for my committee assignment the only one
from the current council or any other council that I'm aware of I was working
I was on the Alameda County stopways for just two years serving a second vice
president working up my leadership role. How fair is that for me to be single
doubt? Why me? When no one else was removed against their wishes. To me, to be
a vice mayor, you should be fair. You should be impartial. And again I like I
elected to use my vote. And to me I still can't understand how that could
cause a year of investigation or $134,000 for a vote to initiate that. We
should be able to even if you disagree with me it's okay you should respect that
I have my own opinion how I'd like to vote based upon the merits the other
point I would like to hit on is the other allegation against me is that I
derailed the city council's consideration and vote on councilmember
Bowen's priorities at the April 2024 planning session the participation in
in that planning session.
That planning session was poorly planned
by the former city manager.
That's simple.
Never before has there not been past items
that were not presented and reviewed.
And the meeting was facilitated
by a professional facilitator who never once made a remark
about something she felt or heard was appropriate.
Me derailing a meeting because I simply stated
we don't have enough info to vet all the projects
and we should be considering today.
The same thing happened at a Rules Committee meeting
on cannabis in 2025 in the Sirloin grant room.
The meeting did not have enough information prepared,
presented, and the mayor proposed, and I supported,
to discontinue the meeting due to inadequate information
to continue with the meeting.
Is the mayor being accused
of derailing the Rules Committee meeting?
No, and the mayor should not be.
Now back to the steps for the structural changes.
The first step that we've already taken and it's in motion,
we approved to have a discussion
on restorative justice mediation.
And I think that's gonna help us work together,
not disciplining myself or council member Aguilar.
That's the old days.
We have to work with a way to build trust
and respect between professionals.
And I think we can do this and I'm committed to doing that.
And I do, again, I have to say council member Bowen,
You should not have waited a year for all this.
We have to find different ways to resolve the situation.
The second thing is already a motion
is the council approved recording
of closed session meetings.
Again, that's another reason why this report is invalid.
So much of that information, that report is not true.
It's based upon information that was said
in that council meeting, excuse me, in that closed session.
That's not, it's simply not true.
I'm gonna ask you to pause because the question is no longer whether the report is invalid
It's whether there should be discipline. That's the motion that's on the table. Okay. Thank you. I
Don't believe there should be discipline and this is what I think we should do in addition to those two steps
Okay, take steps to reform our discipline policy
Investigations on council members should only take place take place with council approval
Bowens claim could have been resolved much quicker more effectively and less internal and public term turmoil and less costly if the
Council had a decision on going out and spending a hundred and thirty four thousand dollars in an investigation
I really do not think this was warranted for this issue
full stop
Second is okay, but I'm not clear how this has anything to do with the discipline right? You've made two statements now
And I gave you the courtesy of extra time but that time is not being used for the purpose for the motion
That's on the floor. So I'm going to move now to Vice Mayor to go to Swalton
thank you, and also just like to clarify for the record that um
we all have the same time and
You've had twice now more more than plenty. I actually the clock ran out
so I don't know how much extra but you know, the report is
you're trying to talk about your issues with the report,
which I understand, but I think we just,
you've had a lot of time.
So we've talked a lot about what politics is
and what it isn't, but at least for me is disagreement
about what we should do, but bad work behavior
is about how we treat each other and the institution
that we represent and the people we serve.
And while we do this, healthy politics
can coexist with respect and professionalism
and shared responsibility about the role,
but bad behavior cannot.
Why this distinction matters is because it protects
the democratic norms by legitimizing disagreement
while rejecting dysfunction.
So, I propose that we raise the bar for us and for future leaders of this city and in
terms of the discipline, there's no, is there a motion on the floor?
The motion on the floor is to discipline.
Oh, okay.
It's a yes, no.
Okay.
So, I was under the assumption that we were past that.
So let's just go ahead and vote since we're running really low on time.
Okay, Vice Mayor, or I'm sorry, Council Member Bowen.
Thank you.
Just I'll be real quick about this so that we can actually talk about what type of discipline.
I want to clarify for the public record that this council did approve an investigation
as part of the process that you have in front of you for the City Council internal discipline
policy that this council including you councilmember Simon passed that when a
council member or a third party from the public for when somebody files a
complaint that the council can make a decision to take it seriously and approve
a investigation which this council did and this council also approved pay the
budget for this. So we, as a council, are tasked with regulating ourselves and
doing so in the public because we are beholden to the public. And the question
of, you know, do we want discipline and why has it taken a year? One of the
things in the in the report and one of the reasons why I really felt like I had
to go forward with this is that I did reach out,
I did email you actually, and I did explain
why your behavior and your words
during the Vice Mayor appointment was very concerning to me.
And for the record, the problem is not the vote.
You can vote whatever way you want, absolutely.
You could have voted no, and I would have, you know,
that's it.
Your concerns, you certainly didn't air with me
prior to that, what is very disturbing are the lies
and the smerching of who I am
and what I did and did not do.
I could show the text messages to prove otherwise.
So that is what's problematic.
And we keep talking about the votes.
You can vote whatever way you want,
but it is actually how we behave with each other
and the lies that we choose to spread on this dais.
And I'll be the last person to speak on this before we vote.
There's been reference to the party session
and the derailing of that and the like.
And there's been this narrative that has been issued
where the narrative says, well, what happened to the list of 80
or 90 or whatever referrals that existed before?
And Ms. Robustelli in an email dated March 11, 2024
was very clear on what the process was going to be. She laid out what we would
do, talk about our continuing work, discuss progress on plans, on our work
plans, or receive an overview on the city's fiscal status, review a handful
of referrals that had occurred since the last retreat, and prioritize
discussions that will provide direction to staff. What's important
And then she goes on to say the meeting at March 18th will be the last of any referrals
that we consider at the retreat so that we can have a manageable discussion and continue
to stay focused on what is most important to the community in the next 12 months.
Then she identifies for every single council member the referrals that have been received
but not yet addressed.
was not an opportunity for surprise, she was very clear in her email. So at this
point in time we will vote. We have a motion by councilmember Bowen, seconded
by councilman, by vice mayor Vivotas Walton saying that yes there should be
discipline. Councilmember Azevedo, your vote please. Thank you. All votes are in.
The motion carries with four yes votes from Mayor Gonzalez, Councilmember Bolt,
Councilmember Bowen, Vice Mayor Viveros Walton, with two noes from Councilmember
Aguilar and Councilmember Azevedo with Councilmember Simon being excused or
exempt from the vote. Okay so at this point in time having having had a motion
passed that says that there were that there is a desire to have discipline on
by the council has voted such do I have a motion for the specific disciplining
question. Council member Bowen. Yes I would like to make a motion to
for a statement of disapproval and an
admonition. I will refrain from asking
for censure. Okay so I've got a motion
for a statement, if you could just repeat
that I'm so sorry, please just please
yes I would like to make a motion to
discipline with a statement of
disapproval and admonition based on the
findings in the report. Thank you. Vice
mayor. Second. I guess I've got a motion and a second for statement of
disapproval and an admonition. Councilmember Simon. I would like to to
share a comment that I think would make this process more fair. I understand
that I'm not allowed to vote. I understand. I'd probably be biased but I
also think the person who is making the allegations should not be allowed to
vote either. I think that's just would be the fair thing to do and I think our
disciplined policy needs a major revamp on it and that will help us to have a
more fair process. From the investigative process a problem an issue that we have
is that there wasn't confidentiality. We had members of the public coming up and
talking about this report that no confidentiality was there. Credible and
unbiased witnesses, as I mentioned before, refused to participate due to selective
info being used in the report and no privacy. And if there is a complaint of
bias, badgering, or harassment, which I experienced from the investigator, the
process should be paused until the situations involved is resolved. Instead,
I was forced to go through that situation. I think we should consider
bringing in a new investigator that could have done a better job here. The
investigator should not be informed. I mean, should be investigators shall be
informed up front not to consider double hearsay testimony about what someone
else said. It lacks reliability and not allowed in court. Then why would he
allow it in city investigations. Again why would an investigator not simply make a phone call.
I do recommend that we form an ad hoc committee on revamping the council investigation process
and discipline policy to implement the policy and investigation process before June 30th, 2025.
I think that will really help us better resolve these situations much quicker than a year and
expanding $135,000. Just looking at the rest of the agenda and I don't know if
there's appetite but I'd like to make a motion to extend the meeting to 1045 so
we can finish the rest of the agenda beyond the disciplinary area. Second
council member Regula. I'll second. Thank you. We have a motion to extend to 1045 by
Vice Mayor with a second from Councilman Regulate please vote. Councilmember
Azevedo if you're on the call will you please provide your vote. It does not
appear to be there. With that all votes are in and the motion passes with five
yeses. Councilmember Bolt voting no and councilmember Azevedo absent. Okay okay
So at this point in time seeing no further hands I will make my comments my
comments are pretty simple part of what I have been listening for is something
that I would call contrition or willingness to accept some level of you
know maybe there's a little bit of something wrong that happened and I have
not heard any of that in fact what I've heard is things like you know I told the
mayor and the mayor did nothing which we've read that email that there was
nothing to do. I've also heard that the mayor took me off of a committee. People
serve on those committees because they are appointed by the mayor. If you look
in the charter that is the power of the mayor. The mayor has the authority to do
that and rotating people. I'll give you another example that was not mentioned. I
tried to appoint someone to the airport noise commission and my appointment was
blocked by the City Council so it's not like I have all the power in the world
I've tried to make appointments and there was you know I brought someone
from the public here to be nominated to celebrate that moment and they were they
were blocked by the City Council so when I hear these things and then the the
investigator looked into this allegation of racial bias and there's a finding in
the report. The report finding says that there isn't evidence of racial bias
against Councilmember Simon so you know when I hear these arguments being tossed
out there I get quite concerned that a narrative can form where there is not
evidence that supports that narrative. So with that being said we've got a motion
four discipline that's been offered by Councilmember Bowen with a second by the
vice mayor. Seeing no further discussion please vote. Councilmember Azaveto your
vote please? No. Thank you. All votes are in and the motion carries with four yeses
from Councilmember Bolt, Vice Mayor Viveros Walton, Mayor Gonzales, Councilmember
Bowen, with two no votes, Councilmember Aguilar and Councilmember Azevedo, with
Councilmember Simon excluded. So at this point I will move to item 11. I
understand that there may be a couple of submissions under item 11, is that
the correct city manager. Okay would you like to Councilmember Bowen please proceed.
Thank you and I just wanted to make sure that we could add these to the referral
to the referral list and to include them when appropriate as staff is working on
them if that's possible. I am really excited that we have the art rock art
walk project downtown. I actually participated a little bit when I was
is walking the kids around the other day.
One of the things as part of my referral
that is not an urgent item is to expand the art walk project
to include significant historical points
of interest in San Leandro
so that we can learn from our history.
And one example is the corner
in which Fred T. Korematsu was arrested
with a QR code to include an educational context
to the community and its significance,
the history of Japanese internment,
especially during these times,
It's clear why it's relevant now
and its role in US history.
So I just, I wanted that to be part of something
that we could work on in an effort to be able to learn
from our history and uplift our community.
And then the other request I have
is around revenue measures.
I know that we had approved previously
for a survey to explore potential revenue measures.
And I wanted to explicitly include other potential revenues
as part of the survey to include a vacancy tax
and any applicable syntax, alcohol, tobacco products,
cannabis, electronic cigarettes, firearms, and ammunition
were applicable to the list of potential revenue sources
to be explored in the previous approved revenue measure
survey to be conducted in this year.
those are my two referrals for now okay and have any other referrals been
submitted city manager okay thank you just for the for our record the answer
was to know moving to item number 12 do we have city council reports calendar
announcements etc begin with councilmember Aguilar thank you mayor
Gonzales on January 14th I attended the 1143rd meeting of the Board of Trustees
of the Alameda County Mosquito Batement District.
We introduced a new trustee from the City of Alameda,
Nick Kuzaisik.
We also took the oath of office.
There were a few folks that got approved
by their council or board.
And so they reappointed, trustees bought Beatty,
myself, Aguilar, and Slatnik.
We also did have election of board officers,
so we nominated president and vice president,
Khashiv Khawadri, vice president,
Secretary John Bouders from Emeryville,
and Secretary Jestry Zlatnik for a free month.
We also dissolved the ad hoc nominating committee.
We also approved and updated the CalPors pay scale
And we do the operations report,
we have no West Nile virus to report,
but if you see standing water, please tip it over.
Thank you.
Thank you.
Vice Mayor, please.
Thank you.
I just wanted to uplift January 10th.
Some of us were there,
attended the memorial for Mayor Cassidy.
I'll just say a couple of words.
He poured himself into so many corners of our community,
neighborhood organizations, civic groups,
local boards and institutions.
Personally, I'll treasure the times we spent talking about
and brainstorming about San Leandro.
The conversations were long, always lively,
and with a lot of intellectual curiosity,
which I just really appreciated.
He believed deeply in the power of the arts
to bring people together and to heal
and to tell the story of who we are.
And as we remember him, may we carry forward
the same relentless optimism and passion for our community.
I also wanted to talk a little bit about
what my intentions and priorities are for 2026
and particularly as they intersect
with my role as vice mayor.
I wanna thank my colleagues for selecting me
as this year's vice mayor.
I'm honored to serve in this capacity.
And while this role is ceremonial,
how we use ceremonial positions matters.
I intend to use this position deliberately
to support the council, support the mayor,
strengthen the council, and to help us govern
with clarity, trust, and shared purpose.
Le quiero dar los gracias a mi compañeros,
y a mi compañera del consejo por selectionarme
para el carroco de vice al caldesa.
is uno nor serbir al publico en esta capacidad.
Sí bien este cargo es ceremony al.
La manera en que la utilizamos especialmentes tipo de
posición es importa mucho.
My intention is to be a consensus builder,
and my particular leadership style is based on that.
And consensus does not mean avoiding hard conversations,
but making space for them to move together.
And my commitment is to support the leadership
on this council and also align around outcomes
that serve our residents.
Mi hacido de liderazgo se vasa en la construcción de consensus
en la toma de decisión es inclusiva y una comunicación
avierta y transparente.
I also promise and make an intention to make the implicit explicit to often assumptions
replace understanding and local government and as vice mayor, I will focus on making
the implicit explicit surfacing trade-offs and naming tensions and clarifying choices.
con de mace dada freque quencia la suppositione sus dictuien a la comprencion en el govir no
local. Como vise al caldes a me enfocaré en hacer explicito lo implicito. Visibilizar
los costos y los verificios y nombrar las tensiones y aclaración y aclarar las optiones.
For my priority and goals for the year, I remain fully committed to implementing rent
stabilization and the rent registry tools that protect tenants while providing transparency
and predictability, fiscal responsibility with equity. As we close the budget gap,
we must balance fiscal discipline with equity, making choices that are financially sound and
socially responsible, economic and innovation growth. I will continue to work and sustain
to grow San Leandro's innovation infrastructure, including advancing higher education, executive
education, and or a professional campus, a professional education campus in our city.
And lastly, Lake Chabot Road. Residents deserve progress, and I will bring forward concrete next
steps to address safety, infrastructure, and long-standing concerns along the Lake Chabot corridor.
I'll skip that part in Spanish um my goal is simple is to help our council be impactful and
purposeful by building consensus, supporting the mayor, supporting all of you and communicating
openly so we can deliver results that reflect our shared values and move San Leandro forward.
I'll construing consensus appoyando a la cal de y al consejo y communicarnos de manera
avierta podemos lograda resultados que reflectan estros valores compartídos y evansar a saliento.
Thank you very much. Thank you councilmember billard please. Thank you um I appreciate those
comments um vice mayor of veers polto it really makes me sad that I did not uh study Chinese and
and any of the other languages that I have been taught
in my life more so that I could do the same.
But just a few things that I wanna mention.
Last week, oh, I wanna say I did attend
the Franti Karamatsu exhibit at the library
and it was incredibly moving.
One point that I wanna share is that at one point,
Karen Karamatsu, Franti Karamatsu's daughter,
asked the audience to raise their hand
if they had been interned
or if somebody in their family had been interned.
And I wanna say at least three quarters
of the room raised their hand.
It was incredibly moving and incredibly important
for the times right now, which leads me to,
my second point is that last week I had the opportunity
to fly into DC and meet with NLC leadership
and the presidents of the various constituency groups
to talk about the priorities for the year.
And I wanna share that one of the main priority areas
for APAMO in working with the Hilo president
who happens to be in city council member Jaime Patino
is around immigration and specifically
to be able to uplift AAPI representation in that
if anybody's following what's going on in Minneapolis
where ICE agents are literally going door to door
asking where the Asian neighbors are
and people are being dragged out in their underwear.
U.S. citizens are 14 AAPI countries are on the visa ban list.
I mentioned Laos before, that continues to be true.
All that to say too, is I wanna remind the community
that there are Know Your Rights trainings
by many different organizations
including through the school district.
So please reach out and if you wanna reach out to me,
I can connect you with those resources.
The other thing I wanna uplift too
is to continue to donate to the San Leonardo Food Pantry.
They continue to see huge numbers of people in need
who are trying to meet their basic needs.
So if you can support the San Leonardo Food Pantry
especially with recurring donations
that is incredibly important for their operations.
I also want to, oh, give a shout out.
Liz Hutchins was here earlier.
This weekend was a very intense day
for many parents, our vice mayor of theirs,
Walter and myself, with our iPads and our computers
and all the things to try to sign up
for child camp for the summer.
Although not everybody got in in our wait-listed,
It was a smoother process with obviously learnings
to act upon, but I wanna give a shout out to city staff
for working so hard to continue to take the feedback
and to help families because that is little childcare
and childcare means that people can work
and people can work.
That means that they can contribute
to economic development in our city.
And then I want to thank the council
for the actions that were taken today.
One of the first things to any sort of healing process
is to call out, acknowledge behavior.
And today, council members were able to be real upstanders
to really help advocate for and call out
so that we can be better.
So I am heartened by the comments of the council members
to see the behavior, call it out and choose to help us move forward in that way.
And the last thing that I want to ask, I'm not sure who we are closing the meeting in honor of,
but I do want to acknowledge because it is too hard to ignore what is happening in our world.
But I, my heart hurts for so many people.
But right now, I want to acknowledge certainly Renee Good, who was murdered last week,
and the 32 people that died in ice custody in 2025,
as well as the four people that have already died in 2026
in ice custody.
And that is just not okay in the world that we live in.
And I really appreciate what Alameda County is
and many elected officials in the city,
the county and the state are trying to do
to ensure that our residents are safe.
Thank you.
We'll proceed to council member Bolt.
Thank you, yes, I attended the state legislative caucus,
two day event where the Bay Area legislative caucus
comes together and discusses new legislation
coming forward for the state.
One of our representatives, Nicolo was there,
so that was good to kind of catch up with him
and talk a little bit and discuss
some of this legislation can affect San Leandro and the surrounding cities. So it was it was a
good event and there was a lot of cool things coming out. So Saturday, I'm sorry that I missed
the event with Nashikoto. I don't want to say his name. Korematsu. Okay, sorry. I did want to go,
but I attended Stephen Cassidy's funeral as well and I agree he did so much for this city
and we learned so much even just early childhood that I wish I'd have known before but God bless
us all. I want to thank the City Council for the rent stabilization vote. I think we did a good
thing. I'm looking forward to us getting this through the next reading.
Oh, I attended the ribbon cutting library pods.
It was my first time seeing them in person, and I think it's such a benefit to our city.
I appreciate the mayor and his words and Brian, the head of the library, his words.
But to hear that those things are, you know, pretty much booked up every day just shows
the need and what a great thing the city has provided. I attended the Dr. Martin Luther
King event very I've told people multiple times it's it's probably one of my favorite
events that this city does we do it so well and I'm gonna go out on a limb here but Liz
Hodgins I know she's not in the room but there was a moment in time when a
young speaker just couldn't get up there on his own and you know Liz is one of
our recreational supervisors and she walked the young speaker out and held
his hand and it's in me it's it's so much more about the event and the city of
San Leandro and the leadership we have I'm not talking about council leadership
but I'm talking about staff leadership
and the way she helped the young speaker through the moment
and you could see him squeezing her hand
and to me that's beautiful
and that's truly a leadership from our staff.
So I know she's not here, but gosh dang it,
that's something that we can all be proud of in this city.
And then lastly, I just wanted to speak for the Stephen Taylor Sanctuary of life, uh,
pavilion ribbon cutting this Saturday at 10 down at the Marina. Um,
I'm looking forward to this. It's a long time coming and I appreciate the city and staff
for working so hard to get this, uh, get this through the finish line and I'll stop there.
Council member Simon, please. Yeah, I wanted to also recognize staff for their work at the
Martin Luther King or or rhetorical event for the youth. It was incredible. Um, every
year they do an awesome job from the set up to the, the running of the show like Councilman
Bult mentioned, and just to hear the youth fifth grade, sixth grade speak so eloquently about the
dreams of dark Dr. Martin Luther King Jr. And it just made all the sense in the world. And just
looking us at a council you know of us being able to work towards the goals that
Martin Luther King had established to work together for respect and to hear
from the youth was very powerful and we as adults you know should be able to
emulate that pretty easily so I'm looking forward to us working together
as a council going to the next step going to the next level and doing good
things for our city. So I'll round us out and take us home. MLK event, amazing.
Thank you for sharing that story, comes from a bolt. I'll highlight teacher
Jamila's class and the song that they sang. We just kind of hit right in the
heart. Library pods, example of responsive governance. So we heard from
our people, this is what we need, and we turned it around in the form of a
project and we delivered we delivered effectively and we see that they're
being used so I think it's a great example of response of government city
of San Leandro we're doing the right stuff I do want to just uplift Meals on
Wheels you know 2,000 meals every single week and they take volunteers so I
encourage members of the community I had the opportunity to celebrate with Kaiser
Permanente team at Meals on Wheels but they are looking for volunteers regularly
We have so many different opportunities to volunteer in the city. Please avail yourself of them
Including the food pantry. I know that they they take volunteers
BCDC this is a little bit off-topic, but I want to just talk about a change in mentality
the Bay Conservation Development
and Development Commission
for many many many decades the idea of
dredge dredging generates spoils
With sea level rise there's a fundamental shift in the way that we think about dredging activity dredging activity actually generates
useful material for building levees for building marshes that serve as a
Title plane between the shoreline. It's basically how we can better address
Climate change that is a fundamental change that is happening right now in the Bay Area
area I think that it's important to call it out the whole idea of calling them
spoils is really getting to be very passe because that money that product can be
put to good use do you want to highlight that the city team was in San Francisco
meeting with entrepreneurs from the biomed sector on Thursday night we are
out there when we talk about economic development it's not just about
supporting the companies that are already here but it's about being out
there and recruiting others to come to our city to tell our story proactively
and uplift San Leandro and I do want to just provide a very quick update from
time to time people just want to know what's happening with our marine
development and the short answer is that we continue through the bankruptcy
process one of the things that's nice to see is that we can we are making
progress in that bankruptcy process and can report from a public hearing that
was held with a judge today that progress is actually happening. So thank
you to the city team our attorneys that continue to move that process forward.
Litigation, bankruptcy always difficult but know that it's not just stuck in the
mud things are moving forward. So outside I'd like to adjourn our meeting and
recognition of a lot of the turmoil that's arising right now particularly
with respect to immigration.
I think you'd be hard pressed to find anyone
in the entire United States or probably the world
who would say that the death of Renee Goode was a good thing.
There's nothing good about that.
And it reminds us about the sanctity of life.
And this coming weekend, we have the opportunity
to remember that human life is sacred.
So let's take a moment to pause and reflect on that value,
that we do value human life.
Any life lost is not a good thing.
Okay, so we are at 1046 and we are adjourned.