It is seven o'clock, and I'm calling this meeting of the San Leandro City Council to order.

Today is Monday, November 3rd.

Would you please join me in the Pledge of Allegiance?

I pledge allegiance to the flag of the United States of America and to the Republic for States.

Madam Clerk, would you please take our role?

Councilmember Aguilar.

President.

Councilmember Azevedo is absent.

Councilmember Simon is absent.

Council Member Bolt.

Present.

Present.

Vice Mayor Bowen.

Present.

And Mayor Gonzalez.

Present.

Thank you.

So in our item two announcements, we take a moment to acknowledge that the city of San Leandro sits within the traditional homeland of the Hulkeen, a Tochenio Ohlone and Bay Miwok speaking people through strengthened determination of their ancestors and elders.

The Hulkeen people continue to live and thrive in contemporary San Leandro and in surrounding areas.

And we recognize their enduring connection to this land, past and present.

And we express our respect for their cultures, their histories, their ongoing contributions, including their role as traditional stewards of this land.

The City of San Leandro 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, the California Penal Code Sections 403 or 415 are per se disruptive to a meeting and will not be tolerated.

So please see the City Council handbook and city council meeting rules to decorum for more information.

Madam Clerk, your announcement, please.

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.

All raised hands outside of public comment will be lowered to avoid confusion.

Once public comment is opened, hands may be raised to speak.

After this time is up, the council will proceed with the rest of the meeting's 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.

So I'd like to highlight one thing in particular.

So we've got some people that are new to our chambers who are not accustomed to public comment.

So as a reminder, public comment on items that are on the agenda will be taken at that time.

And that will be specifically for things that are not on our agenda.

So just as a reminder to keep those two pieces separate.

Do we have a report on closed session action taken?

Was there any?

Thank you, Mayor.

Uh no reportable actions were taken in closed session, but direction was provided to staff.

And for those that are not aware, we had four different items to discuss, so those good and thorough discussion of those items.

So let's move on to item number four acknowledgement.

Thank you so much.

I'm going to pull this out.

And then I am going to read it.

Okay, so we've got Vincent Medina, president of the Alone Indian tribe.

Congratulations on your new title.

He was born and raised in the ancestral homeland of Hulkin, which includes San Leandro and surrounding regions, as I mentioned just a little bit earlier.

So let's read through this.

I mean, this is this is pretty powerful stuff.

So whereas Native Americans have inhabited the Bay Area region for many millennia, and still are living here as an integral as integral community members who contribute significantly to the growth, prosperity, and identity of our country from its inception to its present day.

And whereas the 2020 US census reported that 9.6 million people throughout the United States self-identify as American Indian and Alaska Native during the decennial census.

And according to the Bureau of Indian Affairs, there are currently 574 federally recognized Native nations.

And whereas California is home to 109 federally recognized tribes, along with a number of other tribes that are not currently recognized by the federal government, such as the Wekmalone tribe of the San Francisco Bay Area, who are actively petitioning for federal recognition and reaffirmation.

And whereas National Native American Heritage Month serves to recognize Native American culture and to educate the public about their heritage, their history, their art, and service in the United States Armed Forces.

And whereas the city of San Leandro specifically recognizes that the history of native of the native peoples of this country include painful experiences arising from a host of matters, including colonialization, forced removal from lands, inhumane treatment, involuntary assimilation, and other disreputable practices, practices that negatively impacted indigenous communities.

And whereas on this occasion, the city of San Leandro celebrates the incredible resilience of Native Americans for their ongoing community building and reclamation of their unique cultures, languages, and traditions, as well as their continued contributions to our community.

Now, therefore, I Juan Gonzalo Third, mayor of the city of San Leandro, do hereby proclaim the month of November 2025 as Native American Heritage Month in the city of San Leandro and encourage all residents in the city to engage in the history, culture, traditions, and contributions of Native Americans in our community, and to be mindful of the programming that we have that will be taking place this month, specifically sponsored by the city, and encourage you to join that programming.

Yes.

Okay.

Thank you.

Thank you, Mayor Gonzalez, for that uh kind proclamation.

I'd like to start by saying in Chochenyo, which is the first language of the East Bay, Horse Mur Hemenya.

Good evening to you all.

My name is Vincent Medina, and I'm proud to be the president of the Alone Indian tribe.

We are the indigenous people of San Leandro, the East Bay.

And in Chochenyo, I say it's always good to recognize our family, our community, especially our elders and our forebearers.

With me today, we have many members of our community that are here.

Esteemed elder and former presidents of the Alone Indian tribe, Andrew Galvan.

I'd like to acknowledge Tribal Secretary Tina La Downey, Tribal Secretary, Stacy Hungerford, Auntie Stella Lakey, right here, and also dear friend Anna Marie Leon Guerrero.

It's good to be here with you all.

And I'd like to state that San Leandro is Hulking.

Hulkin is the original name of San Leandro.

And Hulkin is San Leandro.

Our people, we've always been here in this region that today we call San Leandro, every generation of our family.

From those days long before colonization, long before Mission San Jose, to where we're at today in 2025, every generation of our Alone people have always been here with no break and no disconnect.

And that right there is a testament to the strength of all those generations before us, our forebearers who allow us to be able to retain remain in our home and carry on our beautiful Alone culture.

We see all throughout what is now San Leandro, reminders of the thousands upon thousands of years of existence of Alone people.

And we see that physically with the Alone people of today and the culture continuously being practiced.

Long before this area has been called San Leandro.

The regions upon this city have always fostered a beautiful way of living, a sophisticated, dignified way of living for our Alone people.

From Hakau Tak, the traditional Olympia oyster beds, where today the San Leandro Marina is at.

To the towering shell mounds that are today where Davis Streets at.

Our Alone people have always tended to this landscape with love, with respect, in a way that's regenerative, tending to this landscape with fire, navigating Omuh, San Francisco Bay, and fine boats of Thule, factoring beauty and artistry into every element of daily life.

These traditions have never been lost, and they carry on to this day.

East 14th Street is a traditional Grand Oak Boulevard.

Washington Avenue is a traditional Ohlone Road.

Marina Boulevard connects the interior to the Bay Shore.

These follow old time roads, and it's a reminder that we've always been right here, and here we remain.

Our family has survived hardship at Mission San Jose.

Our family has survived UC Berkeley erroneously declaring our people extinct that led to the loss of federal recognition for our great grandparents' generation.

Our great grandmother Mary Archileta lived through that when the federal recognition for the Verona Band of Alameda County was taken away because UC Berkeley erroneously declared our people extinct, something that was never true, but our family persisted through.

They worked hard to remain here in our home, and they did so successfully, even when land rights were revoked from our people.

Here we remain in Hulking.

Here our culture continues to be practiced.

And here we continue to see the old ways, the oldest traditions of this place uplifted and carried through.

Again, this is not starting with us in my generation, but we always want to acknowledge the elders.

Thank you, cousin Andy.

Thank you for all the work that you have always done for our people.

Today we stand here with our elders' supports with the oldest traditions in place and intact.

So please associate us Aloneys, not ever, only with colonization, only with the things that have happened that were unjust.

But don't forget those things either.

Please associate us with strengths, triumphs, and intergenerational leadership that carries on into the present and will be here tomorrow as well.

Again, San Leandro is Hulking, and Hulking is San Leandro.

Thank you, Mayor Gonzalez, for once again promoting and elevating Alone culture here in the City Hall Chambers and the Council.

Thank you all as well for your support to see our Alone culture recognized.

It's a reminder, change does not have to be adversarial or scary when the oldest traditions of this place are uplifted, but it's something where we can benefit together.

A chocmamu in friendship and allyship, unimu, with mutual respect.

Thank you.

Thank you.

If we could go at the Greek board.

So our next item on the agenda is the consent calendar.

At this point in time, is there any council member that would like to pull an item from the consent calendar?

I'll start with council member Aguilat.

Thank you, Mayor.

I would like to move the consent calendar.

Okay, so we've got a motion by council member Aguilar to move the consent calendar.

Council Memory Votus Walton, you're recognized.

Second.

Okay, so at this point in time, seeing no interest in pulling an item, I'll go to public comment on the consent calendar.

Mayor, we have not received any in-person speaker cards, but there are two raised hands on Zoom.

Okay, so we will close in-person comment on the consent calendar and move online.

The first speaker is Douglas Spaulding.

You may unmute yourself.

Thank you.

Good evening.

I'm gonna kind of uh let's see, I'm gonna move here to to open up part of the agenda.

Uh my um my observation oftentimes with a consent calendar is that we're looking at uh cost overruns, adding to the cost of a contract.

And um gosh, can I find it here now?

Uh I found one of the statements in the resolutions uh very telling.

Is this it?

It's not.

I don't know if I'm gonna be able to find it, but it's something to the fact that this the council recognizes that um these uh cost overruns or as you call them something else in here, are kind of a necessary part of doing business, that it makes things run smoother.

And uh you know, I don't know, I I don't know.

It just seems like if if you're budgeting and if we're continually over budget, if we have a this is one of those uh structural problems in the budget, is that let's just assume that that it's gonna go over.

So of course we're over budget, and I don't know what it will take because I'm not a I'm not a financier, I'm not a money manager, I'm not a financial person at all.

But it just I don't know, it seems odd to me that this is the way that we do business in the city, that we have these items come up item after item, and either it's like four and a half or five percent or ten percent, or maybe we get really uh surprised by something.

Um, and uh like can't we figure it out earlier so that we are on budget?

Oh, I just found the quote, but I'm out of time.

All right, thank you.

Thank you.

Your time is up.

The next speaker is Christopher Bammer.

Uh yeah.

I'll go negative 10 when I start.

That's fine.

Um, I would just like to point out that I would like to speak on public comment on the public hearing and also on the action items.

Um I'm right there with Mr.

Spaulding about the change orders looking at this.

Uh I think I saw the original contract was like 588,000, and now we're up over 1.8 million.

I could be wrong, right?

Because I just skimmed it.

I didn't really read into it a lot, but I do remember this project because I was coming to city council meetings and going to the different uh supervisor, you know, whatever commissions you guys do.

Um, and I and I wanted to follow this one and I kind of fell off of it, but it definitely went like I thought it was gonna go.

It's gonna be at least double.

I'm curious to know.

Um, is all this work done, right?

This is from 2019 to 2020 21.

Uh, are we still working on this?

Is this work still need to be done?

Are these guys getting you know waiting to be paid?

What is this work for, right?

Like, I mean, street rehabilitation.

You know, the next one that's coming up is like fix the roof on four buildings.

Well, which four buildings, right?

Are we gonna be fixing someone's house?

Anyways, I'm not surprised with what's going on with the city council, and I'll just save the rest of my comments for later tonight.

Thank you.

Mayor, there are no more raised hands on Zoom.

Okay, so we'll close public comment on the consent calendar.

I will observe that for the street rehabilitation as we add more streets for the contractor.

As long as we are in agreement that it's okay to keep expanding and adding more streets, then we will continue adding more streets, and so the budget increases accordingly.

And the staff report with respect to the roofs specifically identifies the facilities that are being re-roofed.

So, with that, is there any further discussion?

Seeing none, please vote.

All votes are in the motion passes unanimously with council member Azevedo absent.

Thank you.

This point I'm gonna go to item number six on the agenda.

I don't believe we have any reports.

I'm just look to my left and to my right and make sure.

So we do not have any reports.

We'll proceed to item number seven public comment again.

This is the time for the public to comment on items that are not on today's agenda.

If the you would like to speak on an item on the agenda, please address us at that time.

So items not on the agenda.

Madam Clerk.

Mayor, we have received four comment cards in person, and there are currently three hands raised on Zoom.

Okay, please begin in person.

The first speakers are Mads Jewel, followed by Melissa Wong.

Then Mike McGuire.

Matt is this on, right?

Okay, my name is Matt Jewel.

I just thank you all for what you do.

I just I was watching a thing on YouTube that the all the previous mayors, well, a lot of the previous mayors put on and city managers and what have you.

It was like an hour long, you know.

And uh I just wanted to say something good about Brian Alzevito, like, you know, like he made a mistake, you know, people make mistakes, you know.

Every president we've ever had in this country has made every president we've ever had in this country, every mayor we've ever had has made mistakes, you know.

Every everybody makes mistakes.

Brian, unfortunately made a mistake, you know, and uh he's a really good guy who helps he helps a lot of people in the city.

And that's all I had to say.

Thank you.

And thank you all for what you do too.

Thank you.

The next speaker is Melissa Wong, followed by Mike McGuire, then Fred Zhang.

Okay.

All right, thank you very much, District 4.

Uh, member of the uh Washington Homeowners Association.

I've got my shirt here.

I uh voted for tomorrow.

Um shout out to the uh library.

Um, this is the button for them.

Um specifically the manor library, they have a um a Chinese Mandarin class, and you get to learn a little bit more about the Chinese culture.

Thank you, Mayor, for showing up last week and um promise uh promises to show up for future weeks, and I invite everybody.

It's free.

Um and um I really support it.

It's during the day, so if there's any chance for it to be in the evening or on a Saturday, um, more working folks would be able to show up.

Um, a shout out to the finance department for um I I read, I look forward to the uh monthly newsletter and it did um the the fiscal year 24 uh financial report, the financial statement apparently is clean, and uh we got an award for it.

So um more to come and hopefully for the FY25.

That was finance, okay.

Um the budget.

Um four months ago, we passed the budget, and I found out that Oakland passed the week before.

So we were really had cutting it close.

We basically got it um the last um meeting that we could, and I could see some folks that wanted more time.

So I'm um giving a um another plead to have a budget task force.

Not 28 people, but consider one per district.

I'm not going to be part of it, but you could certainly pick my brain because I did it four years ago, and I have a lot of um input that I like to um do.

And as you could tell, there are public um folks who are non-financial that have very passionate um experiences.

Um got a few seconds.

Um I feel like some of the things that I say, I represent a lot of people.

I'm not running for office, um, not a chance, but I can speak English.

I can speak um Cantonese.

Well, call you gong kongong la.

Thank you.

Your time is up.

Okay, the next two speakers are Mike McGuire and Fred Zang.

Local media outlet at my first meeting as a civilian, which I'm enjoying very much being here as a civilian, uh, or as an ordinary citizen, perhaps I should say.

So I know we have all kinds of governance issues uh that I gotta be talked about tonight.

Uh, however, I've come to talk about housing because I got back from overseas a little late for the last meeting on that and wanted to put my two cents in.

Um first of all, I do own a home.

I do not rent anything out.

Okay.

Um, so I'm neither a tenant nor a uh nor a landlord.

So I just wanted to correct all what I've seen is some misperceptions or miss or misinformation really during the whole debate.

Uh we had an eviction problem before the pandemic, which most of the people were fully paid up on the rent who were being affected.

Uh, even when people could legally skip paying rent, they didn't.

Uh and so the ordinance wasn't just you know, suddenly people made up because nothing was wrong, which was often said.

Uh, we also hear a lot about a fair rate of return for landlords, but we don't hear enough about fair rents for tenants.

There is a number out there that you could use as a rule of thumb, which is 30% of income.

Um that is not mentioned in the ordinance, incidentally.

Uh if you hear the rhetoric, all the landlords in town are small landlords owning one or two units.

That cannot possibly be the case given the number of rental units we have.

Uh, and research that some people have been doing has shown that the number of people who are only a unit or two is very, very small.

Six was the number I heard.

Um also we always we hear a lot about free markets applying in housing.

Anyone who's read an introductory economics textbook should look back at the first few chapters, they will discover why housing is not a free market and never has been.

The minute you have a zoning law, it's the longer a free market.

The minute you have a landlord order more than one or two units, it's not a free market.

When a tenant does not have a free choice, lots of places.

Thank you, sir.

Your time.

It's not a free.

The next speaker is Fred Sang.

Hello.

Um, yeah, my name is uh Fred.

Um I was uh advised by uh someone in the uh supervisor's office to uh come uh speak here.

Um so I have a uh ongoing issue since uh July.

Um there's a homeless person uh um kind of um he's on the uh San Lorenzo Creek on the San Leandro side.

So this is uh right behind all safe self-storage on Llewellyn Boulevard, um just west of the 880.

So um this individual, he he's been uh just shouting nonstop, uh using profanity, and it's really affecting the residents on the other side of the creek on the San Lorenzo side.

So I'm I'm here on behalf of San Lorenzo Neighborhood Watch.

Um and we reached out uh multiple times to SLPD because um, you know, the sheriff said it was in their jurisdiction.

So um I'm just wondering if there's um, you know, we we haven't heard anything back from SLPD over multiple attempts over the last couple months.

Um so I think it's you know it's really kind of driving the residents there uh to the brink of uh frustration and despair.

But um I'm just wondering if there's anything you guys can do.

I have uh some prints of the exact location.

Um so I just don't know what to do next.

Um that's why I'm here.

Yeah.

Okay, so while we don't generally get into dialogue in public comment, what I will say is we're going to connect to you with assistant chief Torres, who I believe is here.

If you can wave there, you are right right in the middle.

So if the two of you could speak to make sure there's a connection between the services that SLPD can offer and that human services more broadly can offer, and that can be a connection point.

Okay.

Thank you, Americans.

Have a good day.

Mayor, that's our last in-person comment card.

There's currently six hands raised.

Okay, so let us close in-person public comment and let's move online.

The first speakers are Douglas Spalding, Mike Katz Lakabe, and Christopher Bemer.

Douglas Spaulding, you can unmute yourself.

Thank you so much.

First, I want to acknowledge the mayor reading a land acknowledgement.

And as uh I often chat back and forth with Dominic during the meetings.

Uh I just want to pass on his observation that that uh Mayor Gonzalez is the first San Leander mayor to have ever read Atlanta Acknowledgement.

I just hope it's not you know a one-off during Native American Heritage Month, and that it becomes a regular uh feature of our agenda and that it's published as part of the agenda.

I'm not sure how we got to this point.

I'm very thankful to hear it, but I just encouraging you and the city and the council to go on.

Um the reason I I raised my hand um is to stay in support of our council member Brian Azevedo.

And uh I I can't imagine how difficult things are for Brian and his family right now.

Um we can conjecture about you know the the things he's done that are there that were wrong or illegal or whatever, but I have to say I haven't really seen much evidence.

I've I've heard accusations, I've heard a lot of people clamoring for him to resign.

Uh I hope that he does not resign.

Um and all kinds, all manner of things.

It's kind of like, well, if you don't like Brian, then yes, of course he's guilty.

Uh I believe in the legal um principle that uh that one is innocent until proven guilty.

And I appreciate again uh kudos to the mayor for having put out a PSA about the situation and uh and underscoring uh that precise thing.

I think we as a city uh don't do ourselves any favor when we look to uh cut off people's um a tenure in office.

Uh we've seen lots of recall campaigns, some successful, some unsuccessful.

Uh, but in every case, uh in my mind, it it's caused some kind of setback.

And I hope that we don't have a setback in this situation.

Thank you.

Thank you.

Your time has elapsed.

The next speakers are Mike Katz Lakabe, Christopher Bammer, and Jamie M.

Good evening, honorable mayor, members of city council, members of the public.

My name is Mike Katz Lakabe.

And um, years ago, um, San Leandro passed a sanctuary city ordinance.

And granted, it was mainly a gesture in words and not really actions or deeds, and it didn't really have much teeth to it.

But at the time, we certainly couldn't have imagined the type of agency that ICE has turned into kidnapping people off of the street, ramming into people's cars, pointing their guns at protesters on the street, and basically using the systems of mass surveillance that we ourselves installed, including the flock cameras that we installed around the city as part of their deportation machine.

The consequences or lack thereof for flock providing access to that data by ice to use as part of its deportation efforts, I think is utterly shameful.

And what's more is we are currently sharing our license plate reader data with an agency in California, El Cajone, that is currently being sued by the California attorney general for violating California state law by sharing its license plate reader data, and therefore our license plate reader data from our cameras to agencies in states like Texas and Louisiana and Florida, states that are not of the same mind as we are about protecting our undocumented friends and neighbors, and also have been documented to be using it to try to track down women who have had an abortion across state lines.

I would urge you to stop sharing data with Alcajome and stop flock.

Thank you, sir.

Your time has elapsed.

The next speakers are Christopher Bammer, Jamie M, and Jesse.

Christopher Bemmer, you can unmute yourself.

Hello.

Can you hear me?

Yes.

My name's Chris Bammer.

I've been a resident since 2000.

My family has owned a business in the city since 197.

Um I want to comment on the earlier speaker in person about uh the issue of the homeless person.

Um that's what brought me to city council, you know, years and years ago, January 20th, 2018 to be exact.

Look it up.

Um we got a nice place for all these people right there on Lubelling.

555 Louelling.

We must have spent 20 million dollars on that place.

I would like an update on you know where we're at, how many people are we helping?

Um, I kind of want to, you know, balance the the dollars for uh for you know resources.

What are we doing there?

Um I I don't know what else to say about the homeless problem for those people.

Um, but I feel they're paying.

Um, I wanted to comment on the Brian Azovito situation.

Um, what's the process?

How do we start the process of removing him?

Like I'm a I'm a citizen.

I voted, you know, in the election, I pay taxes.

I don't want him in office because now we're gonna get a lawsuit that the city is gonna have to pay for that comes out of taxpayer money.

We just need to get him out of office now.

So how do we do a recall election?

How do we pull them out of office?

Um, that's that's my biggest question right now.

Um, it's a distraction um for everybody else that works there, right?

So not only is he got problems now, he's brought his problems on everybody else that works there that works for the the people of the community of the city.

So in my opinion, he needs to go.

Um, who should I ask?

Should I ask my council member?

It looks like later on tonight that another council member's pulling up a complaint about my council member.

So now I don't even feel like I can trust my own council member.

So, you know, things in in San Leandro are like a bad remake of blazing saddles.

Thank you.

Your time is up.

The next speakers are Jamie M, Jesse and Alvaro Ramos.

Looks like the next speakers are Jesse, then Alvaro Ramos.

Jesse, you can unmute yourself.

Hi, can you hear me?

Yes.

Okay.

My name is Jesse Rubin, and I am an active member of the League of Sam Andrew voters.

At the September 2nd council meeting, the league gave a coordinated public comment that included the case of the people versus council member Acevedo.

We laid out the facts.

Acevedo had been named a target in the federal investigation involving bribery, conspiracy, and making false statements to law enforcement.

The FBI had raided his home, seizing phones, tablets, and computers, evidence for potential criminal charges tied to misuse of public office.

This week, we learned that federal prosecutors have now charged Acevedo, alleging he agreed to use his power as an elected official to benefit a company in exchange for his own personal financial gain.

Councilmember Acevedo, we hope you're listening, even if you are not at tonight's meeting.

I sincerely appreciate that you do great things in the community and are very well liked.

You are also, of course, innocent until proven guilty.

But even if you are not convicted, the evidence against you constitutes a grave breach of public trust and an ethical failure.

Your continued presence on this council is dragging it farther into corruption and scandal.

For the good of the city, please step down.

Your failure to do so strongly suggests that you care more about your own ego than what is in the city's best interest.

Thank you.

Thank you.

The next okay, sorry, but there's the warning.

Everyone gets to have their voice, and you say it up here.

Thank you.

The next speakers are Alvaro Ramos, Laura Blumenthal, and Jamie M.

Hi.

Can you hear me?

Yes.

Okay.

So I wanted to echo the issue with the uh uh ring and flock.

Amazon ring announced a partnership with surveillance tech company Flock.

This corporation was recently exposed for secretly sharing camera data with out-of-state law enforcement, investigating people who travel for abortion care and immigration and customs enforcement ice.

Uh, and from what I know, ICE is still camped out on Coast Guard Island next to Alameda right now.

I know the police department has the community safety ring camera program, which admits that it shares data with the police department, but I don't know if you know there has to be some transparency.

Is that information being shared with ICE, Border Patrol, and outside law enforcement?

There are some action items we could do.

You could, you know, individually decide to turn off your ring camera.

You could remove your ring camera.

If you want to keep your ring camera, you could activate end-to-end encryption feature.

Um, it's also worth having a conversation with your neighbors individually about this.

If you're a member of a homeowners association, have a discussion with your HOA and um in neighborhood and community meeting spaces about this community safety issue.

Um I also um think that the city should prioritize computer safety in the local computer network and maybe if possible, restrict accessibility to ISPOR Patrol and out-of-state law enforcement.

Uh, and also, you know, exercise authority to protect people and their data in contracts with private utilities.

It's also worth keeping a record of any time ice border patrol out of state law enforcement access our computers and this data.

Um I'll say that I have seen video footage of I scanning people with smartphones in public.

Determine if a person is immigrant or citizen that says nothing about the amount of errors of misclassification in their data collection, and we shouldn't be complicit with these agencies.

We do not want legal issues from helping them break the law.

And this is an example of how surveillance backfires and puts us in danger.

We have to put uh regulations on public utilities, private utilities.

Thank you.

Your time is up.

The next speakers are Laura Blumenthal and Jamie M.

Hello, can you hear me?

Yes.

Okay, great.

Uh this is Laura Blumenthal, District Five, and I'm also a member of San Leandro, the League of San Leandro voters.

Um I have, I guess, four issues tonight.

Um, one regarding council member Acevedo, um, who it looks like isn't here tonight.

Um this, I know the city and the mayor is calling this a personal matter, but I mean it it already appears visibly like it's impacting his ability to serve.

I did vote for Acevedo.

Um, and I'm concerned uh that if he continues to be quiet, absent, uh, and that the uh legal issues are serving as a distraction, he needs to step down.

Number two, um Mary Gonzalez, uh just in general, I was kind of surprised by the tone of some of the social media posts that I saw.

Um, and I just hope that we can dedicate the time to studying that new um code of ethics or conduct that the the council just put into play.

Um, so that like we can focus a bit more on that.

Um, because I feel like often I'm just hearing a lot about, you know, how constituents do enforcing uh at practicing decorum rules when we come to meetings, um, our behavior at city council meetings, how we feel about things going on in the city.

Um, so I would I would love uh and uh focus on that.

Um I'd also love to hear more messaging from the city about what the city is doing to support families impacted by the pause in SNAP funds.

I know I believe I heard City of San Francisco is covering funds for the residents, and I know that my parent liaison is organizing parent uh donations for families.

Would love to hear what San Leandro's doing.

Uh and I also share concern about the flock technology, but thank you.

Thank you.

Mayor that conclude.

Uh sorry, two more raised hands on Zoom.

Okay, so what we're gonna do, how are we doing on time?

We have uh approximately 11 minutes left.

Perfect.

That's perfect.

Then let's just gonna keep marching through.

Thank you.

Thank you.

Jamie M, followed by Lucas.

Jamie, you may unmute yourself.

Jamie.

Yes, I'm sorry.

Can you hear me now?

Yes, we can hear you.

Um, thank you.

Uh my name is Jamie, and I am here this evening speaking on behalf of the San Leandro, uh, the League of San Leandro voters as well.

And I'm really dismayed by Brian Acevedo.

I hear some support for him, and I voted for him.

I like him.

But this scandal is huge and expensive and bringing a shocking amount of attention on our city for the wrong reasons.

And I would like him to step down.

Um, over the past year, at least trust in the whole council has eroded because of all of the sexual harassment lawsuits mixed with the federal investigations.

Um these are the actions of its own members.

When an elected official faces federal charges involving misuse of office, it shakes the confidence of all of us.

It's a terrible message for our children during these times.

And you know, of course he's presumed innocent, but it's at the very least a lapse of judgment.

And I'm really hoping that the code of conduct's enforced.

And if Brian's not going to step down or before he steps down, wouldn't it be great if he stood up for Sue Bowen and took a leadership stance in doing the right thing as a model for the other council members to follow?

You know, there's there's a variety of ways to rectify this simultaneously as he wraps up his legal issues.

But um, I wanted my voice to be heard tonight.

Thank you.

Thank you.

The next speaker is Lucas.

Hi, can you hear me?

Yes.

Thank you.

Thank you for taking my comment uh this evening, Mayor and Council.

Uh, I wanted to make a brief note.

You usually I'll say please spend the people's money wisely and carefully and judiciously.

It's not other people's money, it's it's our money, it's your money, it's everyone's money.

Take care of it as you would your own, and maybe even better, uh, given your fiduciary obligations.

But I wanted to make an additional comment and addition an additional comment aside from my standard, please be responsible with the people's money comment, which is uh I'm observing over the last year, maybe a year and a half, maybe two, you know, going back to some of the previous allegations, the situation with the previous city manager, what's happening here with councilmember Shiwa, all of these um indictments, the disciplinary uh issues that we're gonna hear later today, just the general breakdown in uh civil, I don't know, just behavior, just the you know, general breakdown in behavior and decorum and civility and what is going on in this council, I don't even know.

But in addition to what appears to be misconduct, potentially criminal misconduct among members of the council, there is also just a breakdown of the process of how this council seems to do work.

Three years ago, four years ago, the council had a practice of publishing agenda items for the next two or three council meetings where you could see, of course, the agenda would change and you know officially it would you know get revised, but right now we can only get agenda items three, four days in advance.

Now we're talking about ordinances to do rent registration ordinances to freeze rent.

We're doing ordinances about tobacco, we're doing disciplinary stuff.

How are people supposed to get educated and research a topic with three days advanced notice about what the council wants to do?

Do we really not know what we're gonna do two weeks from now, three weeks from now?

Please help the citizens be involved.

Thank you.

Thank you.

Mayor, that concludes our final Zoom comment on this.

Okay, thank you very much for all of those public comments.

Uh at this point in time, we will close public comment online as well, and then we'll move to our public hearing.

Our first or I think our only item is the tobacco regulation, the zoning modifications.

And for this item to introduce it, we have planning manager Wayland Lee.

Thank you.

Good evening, Mary Gonzalez and members of the city council.

My name is Waylon Lee.

I'm the city's planning division manager, and tonight I'll be presenting um proposed zoning code amendments related to the sale of tobacco-related products in the city.

As you may recall, staff presented this item uh to the council in July of this year.

And at that public at that public hearing, based on the public feedback that you all received, uh the council made the decision to table the item to allow staff time to uh conduct um additional community engagement with stakeholders, particularly uh the group of convenience store owner convenience store operators within the city of San Leandro.

Um the code amendments amendments before you this evening include some revisions that to staff's initial proposal based on that initial that that additional community engagement that uh was conducted, which I'll talk about more in a moment.

I'll start my presentation with just some quick background on the proposed amendments.

Uh over the past few years, the um staff has observed an increasing number of illegally established businesses, primarily focused on selling tobacco related products.

In the zoning code, these are defined as tobacconists or cigarette stores.

And these are uses that by definition uh receive 75% or more or more of the gross receipts from tobacco products, or devote more than 20% of floor area to tobacco sales.

And many of these businesses established legally as uh a retail store of some kind or a gift shop, and they later expand into a backing of cigarette store, um, often without um zoning approval.

Um enforcement of these uses, as we've mentioned before, has been very challenging under current current regulations, and to address that uh in 2024, the council adopted a temporary zoning moratorium uh prohibiting the sale of tobacco products in new locations for a two-year period.

The purpose of the moratorium was to allow staff time to prepare zoning code amendments to establish more reasonable limits to support effective enforcement of our regulations.

Staff presented the code amendments to the council in July, and as I mentioned earlier, uh the council voted to table the item and directed staff to conduct additional outreach with uh with community.

Following that July meeting, staff conducted uh targeted outreach with community store operators in the city, and that included uh both online uh virtual options and in-person options to um to communicate with staff.

Uh staff's objective at these meetings was to uh one make it as clear as possible what staff was proposing, to clear up any misunderstandings, and to also listen to and understand the concerns from the um from the public a little better.

And coming out of this community engagement effort, staff decided to um to revise its proposal to address some of the concerns that were heard, um, while at the same time still meeting staff's overall objective to establish reasonable and enforceable limits.

This slide summarizes the proposed code amendments, including the most recent changes that um that were result of our uh community engagement efforts, which are shown in bold.

Uh, there are essentially three key changes that are being proposed now that were uh changed from the last time we came before the council.

Uh first, that staff is now proposing to allow tobacco sales as an accessory use at new convenience stores.

The previous version of our proposal did not allow this.

And staff is comfortable making this proposal because uh upon further analysis, uh, there's only one zoning district uh where new convenience stores do not uh require a conditional use permit or a CUP.

Um and CAP allows additional oversight over the use over the use.

The only zoning district where convenience store is uh allowed by right currently without a COP is the Bayfair TOD zoning district, and staff is recommending making a COP required in that zone for convenience stores, and that would make it consistent all across the city.

And finally, staff is recommending allowing a increase in the maximum display area from 10 linear feet to 15 linear feet, and this is based on feedback from the convenience store group, uh, which indicated that that was necessary for standard shelving configurations.

And staff's feeling is that's that's a pretty uh reasonable request to um allow it's um a slight increase.

Um staff wrought the proposed changes of the planning commission in October, and the commission voted to uh recommend council adoption.

At that hearing, there were no public speakers, and staff only received one letter, and that was from an organization called the California Fuels and Convenience Alliance, and they're expressing a neutral position in that in that letter.

In conclusion, staff recommends that the council introduce an ordinance to modify regulations pertaining to tobacco tobacco sales in the city, and also uh adopt an ordinance which would terminate the temporary zoning moratorium on the effective date of the uh of the new code amendments.

That concludes my presentation.

I am available to answer any questions that the council may have.

So thank you for your presentation, and obviously thank you for going back and spending some additional time.

Because I think at that meeting there were a number of misunderstandings and a couple of adjustments that you made in response to some very practical considerations.

Um, I also do want to just very quickly clarify.

I may have misheard you.

I think you used the word, the expression that we tabled the item purely for Robert's rules reasons.

We didn't table the item.

So we don't need to pull it off the table and all that kind of stuff.

We did delay it, and we're glad that you have come back to uh present to us today.

That being said, do we have any clarifying questions on what's been presented?

Begin with council member bolt.

Yes, thank you.

Um I know you did a lot of outreach too with the community that came out and spoke, so I really appreciate that.

One of the concerns I remember was that there was I think it was miscommunication, but I want you to let me know.

They were really worried about if they sold their business, would the license uh transfer over?

How did that get worked out through this process?

Are they gonna be able to sell a uh a license and apply for the tobacco license or or how's that gonna work?

Yeah, that was that was one of the things that that staff really focused hard on trying to communicate that um communicate that to the community store owners in the community.

Um I think the uh in summary, the um each convenience each retailer of tobacco products is required to have a tobacco retailer's license under the code.

That license is not um is not transferable, but um but if the owner sells their if the retailer sells their business, the new owner would be eligible to uh obtain a tobacco retailer's license.

But it wouldn't be an automatic transfer, but they would have maintain that that right.

And that's consistent with all the other um licenses that we have.

They have to still apply and provide information.

That's right.

The tobacco retailer's license is given to the proprietor proprietor of the business, so the individual would secure that that license approval.

And part of that process is um, and the main part of that process is is certifying that you will follow all of the city's rules um regarding tobacco sales, and that's really important.

Thank you for all the work you guys did.

Seeing no other clarifying questions, right now the time is 757.

I'm opening the public hearing.

Does anyone wish to speak on this item?

Mayor, we've received one in-person comment card, and there is presently one hand raised on Zoom.

Please proceed in person.

Darlene Evans.

Your environment has changed in the city council from the screen to where you sent and where you stand.

The Church of Jesus Christ of Latter-day Saints in the 1840s created a thing called the word of wisdom.

It's because there was too much tobacco on the floor and it smelled and so on and so forth.

That was about health and about the United States.

And we used to do tea at a Boston Tea Party, and what it does to countries.

Uh bleeding ulcer, and I prayed she'd be so sick that she'd be healthy.

She stopped it.

She lived till she was 85.

And my father never smoked at all.

We don't need children to do tobacco and learn to read and write at the same time, because they usually don't do those two.

We have a police department that is over, I don't know, say used.

Um they can't do a lot of things.

And as citizens, I really came down here tonight with three days.

You know, if you were going to have a riot, you would think more than three days about having it.

If you were going to do a city thing, we don't get to know enough at the senior centers.

We don't get to know enough at our schools.

We don't get to know enough before you're time has elapsed.

The next actually that concludes our in-person comment cards, Mayor.

Okay, so let us move online, please, as we continue our public hearing.

Christopher Baumer, you are able to unmute yourself.

Can you hear me?

Yes.

I think I spoke at this uh when this went into effect a couple years ago.

And I believe what I said was or what I asked them to look into when we were on this pause break was what kind of impact and what would it take to stop all tobacco sales within the city of San Leandro and be one of the first cities in California to do that and really take some action on healthy living and caring about our community.

I think it would be a great step, and it would, you know, help out a lot.

Obviously, it's gonna affect the bottom line, right?

Missing out on all those talk tax dollars.

Um I would really encourage the council to maybe have finance look into that and see what kind of impact that would be and other ways for the city to make money rather than you know poisoning its community members.

Uh I don't really see, you know, I smoked for over 20 years and it almost killed me.

Uh I don't see any benefit to it.

I think there's been plenty of research done that you know it doesn't do any good for anybody.

Um, even if you're not smoking, it's still gonna kill you.

So uh I think the city of San Leandro should really look into that.

Um, those are my comments about that subject.

Thank you.

Mayor, that is our last raised hand on Zoom.

Okay, so it's 802, and I'm closing the public hearing.

With that, we will bring it back to council members for additional comments, discussions, questions, whatever you'd like.

Going to Councilmore Rivetus Walton.

Thank you.

I don't have any comments.

I was gonna make a motion.

So I'll if there's anyone in the Q.

Let me just look down the rows.

Anybody else have any comments?

Seeing no comments, I will take your motion, Councilman Rivotus Walton.

Uh I'd like to make a motion to uh do a first reading of the ordinance amending uh the zoning code to modify regulations pertaining to the sale of tobacco within city limits, um, and also adopt an ordinance terminating the existing temporary zoning moratorium.

So, with that being said, do I have a second?

When I go to Vice Mayor, I will second that.

So we've got a second from Vice Mayor at this point in time.

Is there any other discussion?

Seeing none, please vote.

Thank you.

All votes are in the motion passes unanimously with councilmember Azevedo absent.

Okay, at this point in time, we'll move forward in our agenda to item number nine.

We do not have any presentations today.

So we're going to go on to action items, and we've got item 10.

Uh, before getting started with this item, I do want to uh announce something, and that's that on October 31st, 2025, the investigation report commissioned by the San Leandro City Council related to Vicemar Bowen's complaint against council member Victor I Councilmembers Victor Aguilar and Fred Simon was finalized as a Friday and provided to the city by our independent investigator.

Uh we a limited number of us who were in closed session and not recused from the item saw that report uh for the first time today and starting tomorrow, the attorney client privilege report will be available to all council members to read in person by contacting city manager or HR director, Emily Hung.

Uh so with that at this point in time, I'm gonna go to uh Vice Mayor if there's to see there's any comments or any additional information you'd like to offer regarding your submission.

Thank you, Mayor.

Um so I'm gonna share some remarks and bear with me because I did prepare a PowerPoint slide to go with my remarks, but and am unable to share it at this moment.

So I'm gonna give some overview of it just because this item is um without a lot of context, can be confusing to the general um community, and I wanna be really clear about um what is happening and why I'm doing it, and I will need more than five minutes.

I'm just oh good.

Oh, good.

Okay, I'll try to keep it um as as succinct as I can.

Um, but I have filed the request for disciplinary action.

Um with the purpose of trying to ensure that we as a council can lead with integrity, fairness, and ground ourselves in public accountability.

Um I want to begin by grounding this discussion in why I serve and why this is so personal to me.

Um I didn't want to have to um compel force this internal discipline policy to um to get to this point, but but I am willing to do whatever it takes because I really believe um that we need to lead with integrity, honesty, and a deep commitment to making systems better, not just for myself, but those who follow.

Public service has always been a part of who I am, and accountability and progress, they're not buzzwords to me.

This is the core of who I am and how I lead.

Um I filed my HR complaint in January of this year after sustained um uh experiences that caused me harm because I wanted to stop the mistreatment and misconduct that was harming not just me, but others around me.

I experienced bullying, intimidation, being dismissed and marginalized, and hearing false statements spread to discredit me.

Many of these on both video and audio that are open to the public.

Um I witnessed similar behavior directed towards staff and other council members and believed that when we could advocate and be a voice to others, we need to.

I really had hoped that reporting this behavior would stop, be hope reporting this would stop the behavior, that the system that we created last year would protect people and restore professionalism.

But for now 11 months, that silence and avoidance has only allowed me to be continued to be harmed.

So tonight I'm speaking out not as a personal grievance, but as a matter of governance, accountability, and integrity.

It's not easy being a woman on this council, and it never is easy to talk about patterns that undermine respect and professionalism.

It's going to take another 131 years until we reach gender equity, and we need to do whatever we can.

Certainly, I'm gonna do whatever I can to make that faster.

Reporting this wasn't about retaliation, it's about responsibility.

And I don't presume to know what the investigation findings are.

I haven't seen them, but I do know what I experienced and what I saw and how I felt.

And honestly, this isn't easy to bring forward, but it's necessary for the council, and I want us to be able to move forward from this.

So I want to share a few things for the the community to understand that has been really difficult and surprising for me to be able to really really grasp is that as elected officials, yes, we answer to the public, yes, we answer to the voters during election time.

But between elections, we have to answer to each other.

We are the standard that govern our conduct.

While people can come and speak at council meetings and email us and hold us accountable, absolutely keep us in check.

But it is our job to make sure that we behave better.

It is our job that we follow our council code of ethics, that we follow the council commitments and our attributes of high functioning city council.

What people don't realize is that we have it laminated in front of us.

We talk about it in meetings.

This isn't new.

We I can share this with people, we can um post it online, but this is not new information.

We talk about it at our priority workshops.

We passed our council handbook, we included a code of ethics.

It's our job, not HRs, the city attorneys, um, to enforce the ethical standards we set for ourselves.

So what happened and why we're here.

The council, after I filed the report, the council, excluding the accused members and myself, also authorized an independent investigation under the direction of the city attorney and staff.

I was really hopeful that that would stop the behavior.

It was completed months ago, and interviews, document review, and video evidence were all part of that.

I'm really happy to learn that what the mayor just shared, that the final report has finally been accepted, and that I'll be able to actually see what's in the report, that council members at um Aguilar and Simon will also be able to see it.

If we can't, I know what I experienced and what I felt and what I saw, but I also have blind spots, and I want to be able to learn from that.

And I want us to be able to call out the behavior, and I want us to be able to move on from that.

So I am really, really happy about that part.

But this is just one part because afterwards, again, we as the council have to decide what we're going to do about it.

We get to decide if we're going to let the community see it.

We get to decide if we're going to do about something about it.

We get to decide what the investigator, the independent investigator was able to substantiate, and we get to decide how we're going to move on from it.

I will share that as part of the investigation and the things that I reported, and these are also things that are public in public meetings or has have been released in public reports from the previous center.

But there has been documented gender bias.

There has been bullying and verbal intimidation, especially me during the April 2024 council retreat, as well as the former city manager.

That is especially difficult for me to think about because I came prepared and really excited and determined to advocate for the community, especially the families and residents in my district, and we were not even able to talk about the policy merits or the things that we could possibly do in the city because I was dismissed and um and silenced.

Retaliatory interference for events that I've tried to do for our community, an anti-hate community event.

Um there's so many things that I have tried to do to genuinely help this community.

And too often because of the decisions of council members Simon and Aguilar, it has become incredibly difficult to do so.

And that is at the disservice to the community.

What I want to say is there are things that are best practices in HR and governance that we can learn from the next time.

This is not the first time there has been a complaint.

There's this is not the first time a council member has complained against another council member.

There are council members that are sitting up here that have filed complaints and others in the past.

And what you need are impartial, conflict-free investigations.

Timely, they should be completed in a timely way so as to not cause harm.

The findings need to be shared promptly and urgently, and we need to be protected from retaliation.

And the reason that we're here today, the reason that I had to bring this into the public sphere after asking for so long for this to be completed and following the process that was laid out in front of me, is that there is a conflict of interest.

The mayor and the council members who are not part of the complaint themselves were also in part part of many of these experiences.

They were interviewed for it.

They were part of it.

So there is a question of a conflict of interest, and I'm really glad that we're able to get over that to accept the report.

I really hope that that does not impair our decisions going forward to be fair and to follow through with accountability.

It's November now, and I just think that I don't want to have to go into 2026 and still be in this position.

Other HR investigations, including the former city manager of Fran Rodestelli, were completed and resolved within six months.

Mine is unnecessarily long.

I honestly don't want to get into or care to find out why.

I just am, I want us to be able to move forward.

The other thing is that while there's in a normal HR investigation, you would separate the um the complaint and the accused to protect them both.

And with me, I have had to show up, be professional, and work with the council members as best as I can, but by sheer um uh process, we are um uh antagonistic, and and and I have now filed something against other council members, and that does not um create an environment conducive to cooperation, and I want us to be able to move on to that.

And so finally, I want to talk about the path forward.

And and again, this is really rooted in process and not politics.

I'm glad that we're formally receiving and accepting that HR investigation report.

I am very excited to be able to read it.

Um, I really want us to continue to implement the council's code of ethics through enforcement, respectful conduct and bias awareness training.

Uh antagonistic and and and I have now filed something against other council members and that does not um create an environment conducive to cooperation and I want us to be able to move on to that and so finally I want to talk about the path forward and and again this is really rooted in process and not politics I'm glad that we're formally receiving accepting that HR investigation report I am very excited to be able to read it um I really want us to continue to implement the can the council's code of ethics through enforcement respectful conduct and bias awareness training I've already separately asked for us to have training on a number of um HR-related conflict resolution um bias training etc but one of the best things that we do if in terms of implementing and enforcing our code of ethics is to be able to recognize it and call it out so when it happens we should be able to say it and and be able to respond to it um if the findings are substantiated we have to follow our own procedures we have to um have a letter of remain a statement of disapproval and admonition and um and make changes to this uh this this process has not been for fun it's been to make change um and so I really want to uh say accountability isn't about punishment it really is about leadership and I really want all of us to step up and be the leaders that we want um to be for the kids that are sitting in this room and the community that cares deeply about the city thank you so for your statement so at this point in time I will go to council members to see if there are any clarifying questions after that I will go to public comment on this item then we'll come back to any additional discussion should there be any okay so at this point in time we'll start with council member Simon thank you I have a few clarifying questions and I understand it's important for us to follow our procedures here at the city and in particular uh the discipline policy which is referenced in Vice Mayor Bowen's letter that is online uh but I don't see the discipline policy online um when I click to open it it says not available I don't know if other people are having that problem too so I noticed that and I went ahead and made some copies in case you can't see it online of the section that I would like to talk about so I have a copy for my colleagues and I have a copy for the public here you go here you go I don't mean when it's online as it's online as of today as of today oh it's now on okay today okay yeah I heard from the public that it was down all weekend what we're gonna do is we're just gonna pause the timer so I think that your your point is well taken the public did not see it online we can always look into the why of that but what we can say for the benefit of the public is that it is online right now I can't open it right now I've tried and I cannot open it so I've made a copy if we can move forward yeah so so your time's off so definitely feel free to distribute okay I'll gladly take one and this is for the public now would you like me to bring it down I would be totally fine with that okay please proceed are we okay with the broad act on this yes not a problem one page it's just a single page so I would encourage you if you if you're having trouble finding it online you can Google the city of San Landro administrative code so the link if you're on the agenda you go to the link and you you can't you can't find it okay so we will restart your timer if you would proceed with your question or questions okay in the the discipline policy and the copy that I handed out can I share your copy the copy that I handed out the top of the page and I had underlined it in blue ink or I guess it's black ink your in your copy this is section 1.13 point one one zero of the the discipline policy and on there it states that a request for discipline must be submitted within six months of the date of the alleged violation so my question is how can it be allowed to add this item tonight to the agenda if it's been nearly 10 months since vice bear

This is section 1.13 point one zero of the discipline policy.

And on there it states that a request for discipline must be submitted within six months of the date of the alleged violation.

So my question is how can it be allowed to add this item tonight to the agenda if it's been nearly 10 months since Vice Bear Moen submitted her complaint for the investigation, including the alleged violations.

Okay, so I want to direct that to legal city attorney, please.

Thank you, Mayor.

Uh according to first of all, the policy, which is at uh chapter one-13 of the San Leandro Administrative Code, is that there are uh the policies to be construed and executed in coordination and not in conflict with all applicable state and federal laws, the San Leandro Municipal Code, the San Lee Administrative Code, applicable city department policies, including all whistleblower statutes, complainant and victim privacy and confidentiality statutes and the California Public Records Act.

In short, that means that all the laws of the United States of California locally apply and would be applied against the policy, including any tolling of the statute limitations.

Um there's a lot of case law on this, and I'm happy to share it with the council in the future, but just to summarize, yeah, the fact that council member um Vice Mayor Bowen is involved in the first administrative process, which was to file a complaint under city policy while not able or actively pursuing another, which would be the request for discipline is not grounds for precluding vice mayor for later commencing a request for discipline upon the conclusion of the first.

Um under to be under the city council's power.

There's also the doctrine of equitable tolling.

So a court, if this were to be challenged, would look to are there equitable tolling principles that would toll the statute of limitations.

So the fact that she initially filed the investigation complaint, the complaint that prompted an investigation, tolls the statute for this second administrative process, which is the request for discipline.

Okay, so to summarize this statement of six months of the date of the alleged valid of alleged violation is not applicable.

It's been told.

Okay.

Um on the same page, the next underline states the request must contain specific charges which the proposed discipline or censure is based and sufficiently specific facts and allegations as to the charges, and the letter that was attached did not include specific facts.

Is that a question about the legal inadequacy?

Yes.

So how can this be allowed to the agenda if again the specific facts were not included as defined in the discipline policy?

Okay, we'll come to legal counsel on that.

Um so looking at Vice Mayor Bowen's complaint, give me one second.

Um not complaint, request for discipline.

Uh she does identify the city's investigation, which is um presumably, and I would look to Vice Mayor Bowen to confirm that it's the investigation that the mayor identified of her original complaint that yes did take it did commence in March of this year, around approximately March of this year, and has just completed as of October 31st.

So if that's to confirm for Vice Mayor, that's the subject, then that would pertain to the facts, or that's the facts information, and now the council as a body, individual council members may now review.

And then the council as a body will decide uh how it wants to address that particular investigation report, which is the gravamin of the facts that support her request for discipline.

So they do exist essentially.

The facts do exist.

It's now up to the council to decide how it wants to address those facts in the investigation report.

Confirm if you would so to be clear, there's only one question that's pending, and that question is whether the subject report that was presented to the council uh last Friday, if that is the subject matter of your request for discipline.

Yes, that's the subject matter as well as the fact that it contains the corroborating facts or the support that I would present.

I can absolutely name some the different actions out loud here to the public.

Um there was gender bias in the district one appointment in February of 2024.

There was bullying during the council retreat of April of 2024.

There in April 2024, just a few weeks later, there was also misconduct um and uh retaliation by um uh regarding an anti-API hate event that I was a panelist on.

There was gender bias in city manager recruitment in May of June 2024.

That's also been well documented in the last center hearing.

Um there's intimidation of female staff and leadership in the year 2024, numerous um accounts of that.

There um during the center hearing, there was no contrition or behavioral change in November 2024, and in January of 2025, there was misconduct and bullying during the committee and vice mayor appointments.

I would like to note that almost all of these um can be seen in in public video, and so there is available um information to support this, and the mayor and council members, excluding us, uh councilmember Simon Aguilar and I have acts had had access to this full report um and and certainly know what the allegations and the supporting facts are.

So thank you.

Um so at this point in time, I will continue with you, uh, council member, and then just council member as well.

Certainly, just uh as a point of order, if you can punch yourself in uh go ahead, thank you.

Apologies, I just point of order.

Are we able to ask questions to Vice Mayor Bowen?

Or is it questions, legal questions to staff?

So at this point in time, I'm gonna get legal advice on this specific.

If you can continue.

Okay, thank you.

Um I'm gonna I'm gonna clarify that answer when I come back to you.

So punch in cue, because I I want to kind of weigh in and explore that a little bit right now.

I think um council member Simon has the floor.

He is exploring legal and I think non-legal questions, and when I come to you, you can explore both.

Okay, thank thank you.

Uh the next question I have has to deal with the administrative policy 1000, which is a policy prohibiting against harassment, discrimination, retaliation, and abuse of conduct.

And also for reference, in the city, the city manager and I spoke about these items earlier.

So this is not new between the city manager and I.

Um, but for the rest of the council, if you're not familiar with that policy, I have a copy just like the last one.

And this is a public document.

This is nothing confidential, so I have a copy for the public too, just like the last one.

And so in May of uh 2025, I asked the city attorney if I could mention to people about this investigation by Vice Mayor Bowen.

And I was expressly told no, I cannot mention it is a violation of pol and if I do mention it, it's a violation of policy.

And the HR director followed up with me immediately and may emailed me a copy of AP 1000, which you have a copy of the page that talks about confidentiality, and that is the uh attachment A guidelines for formal complaints.

Section five, and it's underlined where it states the complaining party should be told that the investigation will be handled as confidentially as possible.

The complaining employee and all other individuals who are subsequent subsequently interviewed, must be advised that they are not to discuss the matter with anyone else.

My question is we've got a few questions.

One is how is it that the public is was commenting on this investigation on September 2nd, 2025?

And I submitted an email, but I hadn't gotten a response on this.

And to whom did you submit that email?

To the city manager, city attorney.

Okay.

So to the extent that you know how it is that the public would have reason to comment on this, feel free to weigh in.

Thank you, Mr.

Mayor.

Um in the beginning of September, there were quite a few public commenters that commented on the fact that there was an investigation into a complaint.

There were individuals who were interviewed through the investigation who are not employees and who are not members of the city council.

Those individuals have no requirement to keep confidential what they know to be true.

Okay.

No, does please proceed.

Does this policy state complaining employee and all other individuals who are interviewed?

It doesn't state employee individuals, it just says individuals.

So would they should have been they should they have been notified to keep this information confidential to follow our policy?

I will go to legal with that question.

Namely, should interviewees have been informed to maintain it confidential.

It is my understanding that they are notified, but whether the city can these are non-city employees, of course, is my understanding that they are notified, but the city has no control over the non-city employees for them to say whatever they want or do what they do what they will.

So can you clarify?

I I understand the city attorney saying they are notified and they can't talk to people, but I'm hearing the city manager saying they can.

So can you what is the city stance on this?

Yes, I'm gonna clarify the a little bit of language.

First, AP 1000 applies to city employees.

We cannot apply a city administrative procedure to members of the public that got interviewed.

But what I have heard is a clear statement that interviewees by process, we're informed of the confidentiality, that our ability to apply AP 1000, that can be applied to city employees, but not to members of the public.

Okay.

And I was told I could not.

So I'm going to start with legal on if Councilmember Simon was a level of prohibition and uh basically addressed the essence of his question.

Yes.

So both parties.

All parties were advised according to policy to be to remain confidentiality.

Just I think that's the facts.

What happened afterwards?

I am I don't have any specific knowledge of any of that, but I do know and would ask that they be confirmed, but is my understanding that all parties or interviewees, complainants, subjects were advised on the confidentiality of the investigation.

Okay.

So as I've heard tonight, and I think we all agree, we should be following our procedures here at the city.

And as I understand it, us council members were advised, and per this policy should have kept this confidential.

And as we're talking about tonight, it's not confidential, because it's, you know, the whole world is listening right now online about this and has been since Vice Mayor Bowen brought this up on October 20th.

So my question is next question what are the repercussions for violating policy?

And does the city manager or city attorney address these issues when these violations are known to occur?

Sorry, for council members in particular, it's incumbent upon council members to raise a concern about another council member.

We oversee these individuals and they can facilitate work like an independent investigation.

But if we as individuals have concerns that we believe need to be addressed, it's up to us individually to raise those concerns.

Okay, so even if there is a policy that staff is help right, they know there's a violation, they will keep quiet on it.

We are their superiors.

So it is incumbent upon us to enforce our policies about how we will behave.

Yeah, I I'll have a comment on that later.

Okay.

Those are my questions for now.

I'll have comments later.

So we're going to keep going in order with questions.

So the next person that I have in queue for questions.

So if you've got a point of order.

Okay, so I'm gonna punt uh do you have the floor for a point of order?

Since I am making the request, and can I clarify information since we are discussing the merits of the request for discipline that I have made?

During public comment or during council member comment, we'll have time to explore all of this.

Right now, I really want to focus on questions, and I've been trying to be pretty attentive to questions being asked as opposed to commentary.

It's not commentary, it's answering the question.

You will have an opportunity to share your thoughts, your perspectives on anything that's been raised, as well all other council members.

So, councilmember Aguilar, please proceed.

Uh thank you, Mayor Gonzalez.

Um my question is with regards to um government code section 54950 with regards to the city's policy and brown act, um, with regards to uh disclosure of the underlying findings.

Um would that undermine the process of fairness, transparency, and due process at the city's policy?

So your question is if the findings were publicly disclosed, would that undermine?

Is that your question?

Um if since they there were there they have not been publicly disclosed prior to scheduling the meeting.

Got it.

Thank you very much.

So absent any findings that are public.

How can there be this request?

I'm gonna go to legal counsel on that.

So the policy, this is uh this is the part of the policy, and uh this is again in section 1.13.110.

A request for discipline may be submitted by any council member in writing to the city clerk.

That has happened.

Uh any council members' request for discipline is a matter of public record.

A request for discipline must be submitted.

Yes, we talked about that.

A council member has to provide information to the council concerning the specific conduct for which discipline is requested.

And the vice mayor has identified that it's the investigation report that she has referenced in her complaint.

As well as providing an itemized list, but yes, that's right.

So where we are here now is that the council is considering the discipline and whether further investigation is required.

We clearly know that investigation has occurred, or whether discipline short of censure is warranted or to move towards censure.

So that's where we are in the process, and that's what's the subject of the discussion tonight.

Thank you for answering that question.

That's my question.

Thank you.

At this point, I may go to Councilmember Rivetus Walton for questions.

I don't have a question, but um I I would like to request um we do have some young children in the audience, and it's quite late.

Um I would like to hear from specifically people, I mean there's a sleeping child.

Um, and uh I would like to accommodate parents with young children that are here to speak.

I would like to request formally for that accommodation for those speakers.

There's nobody else in queue, so your timing is impeccable.

At this point in time, we will go to public comment on this item.

Mayor, we currently have 15 cards in person, and there are seven hands raised on Zoom.

Okay, let us proceed as we usually do with two minutes per speaker.

Thank you.

Would you like to start with in person or in person, please?

Thank you.

May I ask a question?

I'm so sorry.

The first is on line.

But um, I do have an 11-year-old who has a card.

So that my husband can pick him up.

And then I have a lady.

Thank you for your request.

I appreciate that.

So to the extent that we have children speaking.

Please prioritize a child that is speaking.

Are you able to identify?

Are there if there are any children that are here to speak?

Can there parent, guardian, person accompanying them please stand?

So we've got one child speaking.

Would you please take that individual first?

Thank you.

Hello?

Hello?

Okay.

Hi, my name is Valentino Salazar, and I'm 11 years old.

I wanted to say something about council member Fred Simon.

He's always come to our park and talks with people in our neighborhood.

He listens and tries to help, even when it's not easy.

My parents told me that real leaders do what's right, not what's popular.

And that's what Fred Simon does.

I've seen him care about everyone, not just certain people.

I think that's really brave.

I hope everyone on the council map remembers that being fair and kind matters the most.

Thank you, Mr.

Simon, for showing us what a good leader looks like.

Thank you.

The next speakers are Jenny Madsen, Nancy Raffaloff, and Bridget Salazar.

I will be calling three speakers at a time.

If the speakers could line up on the side of the room, as your names are called.

Thank you.

So my name's my name is Jenny Madsen.

And this is what happens when I write things out in advance.

It changes.

And it was gonna hurt this city and I and this council, and I believe it has.

I was in geology.

I was in science when there were no other girls in the room, and I got some terrible treatment.

But I worked hard and because there was nothing to be done about it.

But 50 years on, now there's something that they can do about it.

But the initial action, standing up for yourself, is only beneficial if what happens afterwards.

And this is a mess.

When I stood up and applauded your courage, and I don't know, it was January for standing up for yourself.

I should have said that.

It's what you do afterwards that makes whether this is gonna be a benefit to you or to anybody around you.

And I believe that you are not ignorant, narrow-minded, mean-spirited, or self-serving.

But I believe that there are people who are behind the curtains on this who are, and I'll say Robostelli's name out loud, because I put her in that group.

Thank you.

Your time has elapsed.

The next speakers are Nancy Ralph Rafaloff, Bridget Salazar, and Melissa Wong.

Good evening, everybody.

I just want to say that I know uh Fred Simon.

I have never seen anything disrespectful in him.

He is a family man.

He is a husband, a father, a son.

When I first met him, I was having some problems in the neighborhood.

He didn't know me from anything, and he immediately tried to help.

It just really shocks me.

And I'm just here as like a character witness.

I I'm not speaking really like fantastic, but it's from my heart.

And he's always been there for me and for many other people in his district.

And he would probably help anyone out of the district.

That's the kind of person he is.

That's all I have to say.

Thank you.

The next three speakers are Bridget Salazar, Melissa Wong, Lee Thomas.

Good evening, and thank you for having me.

I'm here to support Fred Simon.

Although Fred is not my council member, um, he's actually uh I'm the in Washington Manor District.

Um he's been one of the most trusted and visible leaders that I've seen in the community.

Um just heard is exactly what I want to echo is that uh he is a family man, he really cares a lot about everyone in the community.

Um I see that how much passion goes into the work with many of you as well.

Uh, but the passion that he brings, I I don't want to undermine um what Vice Mayor is bringing to uh everyone's attention.

However, sometimes uh passion is kind of distorted.

And um, and many times, you know, men sometimes get singled out because unfortunately, it is sometimes an easy card to use.

I'm not trying to undermine anything.

I did look at a lot of the information online.

There was a lot of information I couldn't find online, and I feel like it's uh a little bit hard to make uh and it just sounds from from Fred and Victor's uh point of view as well, is uh lack of information to really understand and make uh clear decisions here.

However, when speaking on behalf of his character, um I've never seen, I've never witnessed, I've met known him for many years, and I'm here, my son's here, others from the Washington Manor Association are here uh to say that he's a good person.

I don't agree with any of these accusations, and I hope that everybody in the public, yes, there's a lot of negativity that's happening, but that does not justify to have a witch trial and start um pointing the finger at folks just because you know, maybe there's a previous allegation or your time is elapsed.

The next speakers are Melissa Wong, Lee Thomas, Arlene Lam.

Hi there, here I am again.

Um I want to talk specifically about the process.

Um I'm not sure why the public is hearing this.

Apparently, there is an investigation, but we have not read anything, and it sounds like not everybody did, and here we are trying to consider something.

Um I actually did uh print out in the library, so thank goodness uh for the library again.

Uh this um so the request for discipline it the request must contain specific charges.

It did not so although we want to take sides, I have no idea what's going on.

Um it it's it's hard.

Um, so I don't even know if the request was adequate enough and the request that that it was filed January 2024, and I'm hearing today it's 2025.

So even the request right now is misprinted.

And then um, there's several things that could be considered consultation with the mayor, letter of reprimand, statement of disapproval, uh admonishment.

But it right now, you guys are in the agenda to consider censorship without here looking at the report without any of these other options, it just makes a little bit of uh no sense to me.

And I thought I had at least above average um intelligence.

So um I take complaints very seriously, and I want to look at both sides, and it's really difficult.

I said when we had the budget adoption, everybody here has a piece of my heart, and I want to see if there's any learning opportunities, but I just feel like we're something's broken exactly a month, uh a year ago, November, we had this, and I heard my voice escalating, and I try not to, because I think I'm a nice person.

Um, I don't know what's going on right now, but please I try to follow this policy, and I don't even know when things are happening.

Is it six months ago?

Is it your time has elapsed?

The next speakers are Lee Thomas, Arlene Lum, and Mitch Haitama get a moment of clarification that I checked for a non-public agenda items, not just topic.

Right.

At this point in time we're on agenda item 10.

Okay.

Oh, the non-agenda public comment was a while ago.

Wasn't called.

We had a number of folks speak.

Wasn't called.

Oh, oh, yeah.

So what I'd like to do.

And I didn't want to interrupt your problem.

Thank you.

I appreciate that.

You're very kind.

So at this point in time, let's go ahead and take this out of order because you did have a card.

And so thank you for raising it to our attention.

I know it's kind of a little bit sandwich breaking.

Let's go ahead and take it.

Please proceed.

Got it.

Uh thank you, uh Mayor.

Um, I just want to note.

Um, we're the progressives right now.

Uh, they need to own up.

Some of them have, but they need to own up to putting Brian Azevedo, Victor Aguilar, or Fred Simon in office because they have dragged our city through the mud.

Let's be real.

I'm not talking about regular liberals or folks who truly care about making San Leandro a fair and better place for everyone.

I'm talking about a small circle of far-left activists who push their own agenda, no matter what the cost.

They spent years calling anyone who disagreed with them potential racists or turning a blind eye to the corruption and chaos right in front of them.

Well, congratulations to that group.

Look what you've done.

Now that you chosen council member Azevito is facing criminal charges, accused of bribery and trying to make money off of city contracts, he supported it is a disgrace.

And what's worse, he refuses to step down and reportedly, so he can get his CalPur's pension.

That means taxpayers will be paying for him for decades.

As for Aguilar and Simon, no criminal charges, but let their misconduct, their misconduct is costing us big time, potential legal fees that will cost hundreds and thousands of dollars if the lawsuit goes through with the former city manager.

And now there's another investigation of you've heard tonight against council member Sue Bowen.

Enough is enough.

San Leandro deserves better, better than this embarrassment that is happening right now.

As a veto, Aguilar Simon, do the right thing, step down and stop making people you were elected to serve, pay for your mess.

I refuse as a resident in the city to continue to stand here and watch female council members, female elected officials take a beating like they have from the individuals here on this council.

I'm a father of two young ladies, and I feel like we have to do now to set the tone precedent for future elected women leaders in the city.

Thank you, sir.

Your time has elapsed.

Resuming public comment on the agenda item.

Arlene Lum.

Thank you.

Good evening.

I'm here today to uh share my positive experience working with uh councilman member Fred Simon.

Fred is a very dedicated man.

He takes his job representing District 4 very seriously.

He attends most of our Washington Manor Homeowner Association meetings and provides us with updates of what's happening in the city.

During our meetings, he takes our neighbors' concerns back and works with city staff to try to get answers and resolve the issues.

If it seems that he's very assertive sometimes, it's because he's trying to get answers back to us.

And he's always been an admirable admirable man.

The next three speakers are Mitch Haitema, Tim Holmes, and Caroline Jones.

Good evening, all.

My name is Mitch Haitama, and I am part of the League of San Leandro voters.

Um we learned recently that Vice Mayor Bowen made a filing about disrespectful behaviors, which resulted in an event in an investigation, which started months ago.

Given council member Simon's line of questions, I think it's worth noting that we all learned about this investigation during a recent city council meeting when the budget for this investigation was approved.

Well, I don't remember what date that was.

That was the date that I and everybody else that I know of learned about this investigation.

I myself have witnessed surprisingly disrespectful behavior from councilmember Aguilar and also to a lesser extent, I grant you, but also Councilmember Simon toward Vice Mayor Bowen at multiple meetings.

As Vice Mayor Bowen has said, there are video, there's audio.

I've in great surprise listened to and watched some of these.

So I have been especially curious to hear the outcome of the investigation.

I'm really glad to hear that it has uh finalized, and that you all will be able to see the outcome of the investigation at least.

I would like very much for the public to be able to see the outcome of the investigation.

Um I think it's worth noting that speakers tonight who've spoken for council member Simon may well have excellent interactions with him, but that doesn't mean he hasn't also behaved badly in other circumstances.

And this is part of the reason why we all need to see the results of the investigation.

Thanks.

The next three speakers are Tim Holmes, Caroline Jones, Maureen Dupree Dominguez.

Hello all.

At this point, I've lived in San Leandro for 30 years, attended a lot of city council meetings, run school board of council campaigns, spoken many times, not only before you, but before many St.

Leandro's St.

Leandroans who've held the seats before you.

This city has a long history of well, a very long history, and that long history includes a lot of behavior, no different than what Vice Mayor Bowen has experienced, and it's just as unacceptable.

We like to believe we move past this kind of behavior that we've all evolved to be better, that we've evolved to be more respectable, more honorable.

But the history we're living through, not only in our country, but in this room tonight, makes it crystal clear we're not.

We have not.

We should never need to demand the process be followed, be applied.

We should never need to state that there must be accountability, as Vice Mayor Bowen has.

Yet here we are.

We should never be made to say we expect better.

We expect better.

We need better.

Finally, I'd like to say that in my third years in San Leandro, and of all the council members, Sue Bowen is the hardest working, most honorable, and most courageous council member I've had the privilege to know.

Thank you.

Thank you.

The next three speakers are Caroline Jones, Mauleen Dupree-Dubingz, and Pauline Cutter.

I wrote this before finding out about the results being like completed on Friday, which I'm really glad to hear about, but the spirit of my letter still remains.

I sent this to City Council.

I'm unsure if it was received in time.

Mayor Gonzalez and members of the San Leandro City Council.

I'm a San Leandro resident, a constituent of Councilmember Suha Bowen and a woman deeply invested in the ethical functioning of this city's government.

I'm outraged by the continued lack of transparency and accountability regarding the formal HR complaint filed by Councilmember Bowen nearly 11 months ago.

And I am urging you in the strongest possible terms to release the independent investigation report and take public disciplinary action as appropriate.

This council has already censured council members Fred Simon and Victor Aguilar for their mistreatment of the former city manager, also a woman.

This alone should have triggered an immediate course correction towards higher standards of professionalism, ethical conduct, and respect for women and leadership.

Instead, the pattern has continued, and those in power have remained silent.

Councilmember Bowen has reported the same hostile bullying gender grape-based behavior from these same individuals and filed a formal complaint with HR in January.

The city hired an independent investigator, reviewed videos, emails, conducted interviews.

The work is done.

The report exists, yet the city council has withheld it for nearly a year.

This is not due process, it is obstruction, and it sends a clear message.

The safety, credibility, and dignity of women and leadership are negotiable in San Leandro.

So let me be clear.

Let me skip to the end because you're going to cut me off.

The residents and the women of San Leandro are not passive observers.

We are watching.

If the city council refuses to uphold basic standards of ethics and professionalism, you will leave us with no choice but to hold each of you accountable electorally, publicly, and legally where necessary.

San Leandro can do better.

And if this council will not, the citizens, the citizens will make sure that the next ones do.

I'll yield my second.

Thank you.

The next three speakers.

Molly and Dupree Dominguez, Pauline Cutter, and Chuang Tang.

Vice Mayor Bowen is my city council representative.

I campaigned for her.

I voted for her, and I'm here to support her request for discipline.

I'm speaking to implore the council to hold all of its members to account when it comes to the ethics violations that are laid out in Vice Mayor Bowen's statement.

I look forward to the reading those findings myself when they are released to the public, the findings of the independent investigator, and I look forward to seeing the council take action to enforce its own ethics code.

Thank you.

Thank you.

The next speakers are Pauline Cutter, Chuan Teng, and Jennifer Molina.

Good evening.

It's fun to be on this side of the dais rather than that side.

And obviously, my uh speech has changed a little bit or my comments, and I'm really happy to know that it's going to be released, and hopefully the public will get some parts of it that we can because it has been something in the community.

And I'm I just want to say I'm really glad that there are members of the community who really support their council members.

It's really good that council members are supported.

But that's why you hire an individual, an investigator who has nothing to do with the city, who comes in and interviews people and tries to get the facts because those facts matter.

Um, this complaint and other legal issues looming over the council.

I really encourage you all to confront them, to get to the bottom of them, to figure out what it is as unpleasant as it may be, and get past them so we can only focus on family andrew, whether innocent or guilty, true or false, corruption or harassment.

They're grave matters of public interest.

And this is our city as it is your city, and we care a lot about it.

And we really would like to see this get dealt with and for us to be able to move on.

Thank you.

Thank you.

The next speakers are Chan Tang, Jennifer Molina, and Selena Reynez.

Hi, my name is Trent Tang.

I'm a resident of San Leandro, and I'm a business owner in the city, and I'm also a female voter.

I'm extremely concerned about the allegations of bullying and harassment of other women leaders on our city council is inexcusable.

I would like to voice my concern also around the delinquent investigation, the length of time it took to complete 10 months is also inexcusable.

I would like an answer as to why it took so long to complete.

And of course, the public wants to know why.

Thank you.

Thank you.

The next speakers are Jennifer Malina and Selena Renez.

All right.

Good evening.

Mayor and council members.

My name is Jennifer Molina, and I'm here tonight as a D5 resident who believes deeply in transparency and respect of leadership in our city government.

Honestly, I really wish I was here standing to talk about how we can collectively improve our schools, mental health services, build more affordable housing.

Really the things that can really make San Leandro thrive.

But instead, I'm here because I can't stay silent while bullying, harassment, and gender discrimination takes place among those elected to serve us.

I want to express my full support for Vice Mayor Bowen and the leadership she continues to show for San Leandro.

Her courage, advocacy, and her commitment to listening to our constituents are exactly what we need right now in local government.

She represents the kind of public service member our city should be proud of.

While at the same time, I'm deeply troubled by the multiple reports of bullying, gender discrimination, retaliation within our city's leadership.

I personally believe these are not personality conflicts.

These are serious breaches of trust that damage morale, drive away competent city workers that we need, and erode the faith residents have in government.

I respectfully urge the council to release the findings of the HR investigation to the public immediately, so public can see the issues that are being taken seriously and addressed transparently.

Take a public stand against bullying.

Gender discrimination.

Make it clear that this behavior has no place in city government.

Hold city employees accountable for actions that violate principles of equity, respect, and public service.

We deserve better.

We deserve a city government that models the values we teach our children.

Honesty, fairness, and respect.

Please show this community that integrity still matters, that leadership means more than holding a title.

It means setting a new standard.

Thank you for your time and for doing what's right.

Thank you.

The next speaker is Selena Rines.

Yes, I was a council member from January 2023 to January 2024, and I served with several council members here before resigning for personal reasons.

Here's what I witnessed while on council.

Rumor spreading a name calling of councilmember Bowen and our former city manager by council members Simon and Aguilar, some in particular from Councilmember Aguilar that I would describe as slanderous.

Boys' club environment where bad behavior is excused, as we've seen the repercussions with uh disgraced council member Azevedo.

Bullying council member Bowen publicly and through whisper campaigns and in some cases organized letter to the editor campaigns for doing nothing more than her job, lack of accountability or any reflection on or impact on behavior, um, as we're seeing in real time as council member Simon searches for legal loopholes around this item, which was incredibly painful to watch tonight, and clear gender bias during the appointment process for my replacement.

For example, Councilmember Simon was championing a candidate who he knew had harassed me on the campaign trail over the most qualified candidate by far who happened to be a woman.

And there's documented gender bias also in the prior searches for city managers.

I really could go on.

Um what I want to say is I believe Sue because I know how difficult being on this council was for me as a woman as a young mother.

Um I clearly found it impossible, which is why um I'm not in the position that you are in right now.

Um the city needs to be able to move forward, and that can really only happen with accountability and transparency.

Our city deserves so much better, and honestly, this whole ordeal, um, just as Brian Azeveda's criminal charges make me feel ashamed of the city.

And it's a terrible feeling to have as someone who cared about the city, cares about the city very much, cared about it enough to run.

Um it's a terrible feeling to have.

Uh, I hope that this council can survive this and deal with it appropriately.

And um I hope that you make an appropriate uh decision tonight on how to deal with it.

Thank you, that's all.

Thank you.

We have one final speaker card from Yelena Nadalko.

Good evening.

As a San Leandro resident, I care deeply about the health and effectiveness of our city government.

A respectful, transparent, and accountable city council is essential for our community to function well and maintain public trust.

Given this, I urge the council to take meaningful next steps to address misconduct and ensure a safe, respectful working environment for everyone who serves our city now and in the future.

San Leander deserves a council that models the accountability it asks of others.

I also want to express my deep respect and appreciation for Vice Mayor Bowen and the work she continues to do for the community, even under these incredibly difficult circumstances.

Her commitment and professionalism reflects the values we hope to see modeled by all city leaders.

Thank you, Vice Mayor Bowen, for your bravery and leadership.

We are all watching, and we will continue to seek and fight for accountability.

Thank you.

Thank you.

Mayor, that is the last speaker card we received here in the room.

Okay, so what I'd like to do is just absolutely confirm no one else here wants to speak.

So I'll close this off completely, and then we'll go purely online.

No, no later responses to something you hear online.

Anybody in the room want to speak?

Uh okay, I have one more speaker.

Ms.

Evans.

I'm truly on the fence.

I've been to the city council for years.

Sometimes people would say we're not ready to start.

Well, she's here, we're ready.

Umtegrity was listed verbally when there was a prior city manager.

I met him once at a church and he revealed something to me that told me of his character, which I thought was very good.

He's now national city or wherever he's at.

We also had a police chief that went somewhere else.

Kindness.

If you haven't got anything nice to say, don't say anything at all.

That's my mother's words.

And yes, no, or maybe be your answer.

We are conglomerate of people from all over all times, all places.

But it is even worse when you take uh not a person, a place, or a thing to be your objective.

You should leave happier than when you came.

I was given a blessing, and it was about having mercy for other people.

I'm noticing some physical changes, because I'm old, I'm 78.

But your record and your music of yourself is important.

Make it matter.

I'm come here.

And I get not a feeling, but I get that we should be working to make America.

I gave you the assignment.

It's kind of odd.

But it's the Erie Canal part two.

It's an hour.

You will see on that.

Thank you.

Your time has elapsed.

Okay, seeing no other raised tense at this point in time we're gonna do what are you doing way back there.

We need you up here.

Anyone else want to speak?

Because what I don't want to do, just get your cards, folks, because we need to just get lined up because we need to take our break here.

We always take a break at nine o'clock and it is now nine eleven.

Okay.

If you would proceed, please.

Okay, thank thank you.

My name is David Anderson.

And I want to point just a clarification.

You guys said you just received the final investigative report, independent report this Friday.

On Friday the thirty first.

The whole bo uh council has not seen the final and you're gonna make a decision tonight on discipline action.

If you can't uh you know I just want to be very clear because there appears to be a lot of confusion among the the public, and so I'm gonna take a pause right here in your time, because I think for the same thing for our speakers online.

Tonight is just whether we should agendize a discussion of disciplinary action.

It is not a determination of any sort of disciplinary action tonight.

Okay, this is just from a process perspective.

Today there's been a request for it, and now we're going to determine whether we want to proceed to put that on the agenda to discuss.

Okay.

That's good.

Got a clarification.

Thank you.

You're most welcome.

Oh, Mike McGuire.

Um I think this is today.

Uh yeah, so just quickly here.

I think uh the public is always being asked to comment on things before they've seen the underlying information.

And uh this is a case of that.

Uh so I am relieved to hear that it's just agendizing it rather than reaching an actual decision before the council or the public has seen the report.

So but I would certainly hope you're not taking any binding action till after the public has had a chance to see the report, along with of course the council.

You know, definitely need to see the report.

Okay, so yeah, so I I I think uh yeah, the we we should all see the report, and that we should think about what to do about it.

Thank you.

So that is our last public comment in person.

We're closing public comment in person.

It is nine fourteen, and we are going to take a break until 921.

So at nine, well, nine twenty-two.

At nine twenty-two, when this cell phone says nine twenty-two, I'm gonna hit the gal and we'll begin.

Okay, it's nine twenty-two.

As promised, we are reconvening at this point in time.

We will open public comment online.

Yes.

Um I actually think this is quite fast for legal process within the government, right?

Um, keeping the information away from the citizens.

Uh, if you would have hired high dollar lawyers like the former city manager and former police chief, you probably would have got your results a lot faster.

Um I think there's enough information between the three council members in question tonight that they all three need to go.

So talking about putting something on the agenda for disciplinary action, let's escalate that to uh removal.

How is that process?

I asked for it about Mr.

Azovito.

What can we do as citizens to start the process of removing these people from office?

Obviously, they're causing problems, and we're not getting any work done.

How much money?

What's the price tag on this already?

I mean, this is ridiculous.

This is ridiculous.

Maybe let as veto get his deal so we can get some of our money back.

I mean, I I as a citizen, as a business, as a family member of somebody that owns the business here.

Uh, it's embarrassing.

People ask me, I have pictures of of as veto wanting to be friends with me and posting online and stuff like that.

And I thought that, you know, uh, Fred Simon, I could consider him a friend, right?

I I've had conversations with him and dialogue.

We ran against each other for city council.

But these problems right here tonight is what he asked sounded like he was just looking for loopholes in the system to get it thrown out.

I don't know, you guys can't comment on this file on this finding.

We paid for some investigation that we can't even see the findings.

That's ridiculous.

That needs to be out to the public immediately.

You guys got to see it.

I want to see it.

Right?

I want to know how much money everybody else can do.

Thank you, sir.

Your time has elapsed.

The next speaker is Deborah Acosta.

Uh good afternoon.

Good evening, actually.

Deborah Costa, president of the Mission Bay Residents Association, CEO and founder of We Excel, a public benefit corporation here in San Leandro, League of San Leandro Voter member and District 4 resident.

Good evening, Mayor Gonzalez, Vice Mayor Bowen and Council members.

San Leandro deserves a council that abides by its own rules.

The council member hand a book, its final version adopted this year is clear.

Section 4F requires council members to treat one another, staff and the public with respect.

Section 4G directs the presiding officer, the mayor, to enforce those rules.

Those words weren't written for show.

These rules were adopted to guarantee fairness and protect our city from exactly this kind of turmoil.

Vice Mayor Bowen and many others that have spoken today are simply asking that those standards be honored and that the completed investigation is addressed transparently.

That's not a political demand.

It's compliance with city policy.

Mayor Gonzalez, I know you value San Leandro's reputation as much as we do.

Transparency here isn't a risk.

It's the leadership we need.

Tonight I respectfully ask that this council release the findings of the completed investigation to the public as soon as possible.

As appropriate, apply disciplinary action as outlined in the handbook and established by precedent.

Reaffirm the mayor's duty under section 4G to enforce the rules consistently and transparently.

As a local resident with global partnerships poised to invest in our city, I want to point to San Leandro as a place where accountability and good governance are real.

Thank you, Mayor, Vice Mayor, and Council members for your service and for choosing transparency, integrity as the way forward.

Thank you.

Thank you.

The next speaker is Mike Katz Lakape.

Good evening, honorable mayor, members of the city council, and staff and public.

First, thank you to Vice Mayor Bowen for speaking up about what she has been subjected to.

And to model the behavior and integrity we should expect from all of our elected officials.

I'm also outraged and disappointed that she should ever have had to experience this in an elected position.

Even without reading the report, the testimonies from not one, but two, former members of the city council, and a former city manager, in addition to her own testimony and statements, make it clear that there is a pattern of unacceptable and inexcusable behavior.

The residents of San Leandro voted for these members of the city council.

It's to us, the people, the residents of San Leandro, that they must be held accountable.

The report of the independent investigation must be released to the public in order to make it possible for the residents to hold our council members accountable.

That is the minimum level of transparency that is expected and needed at this time.

Thank you very much.

Thank you.

The next speaker is Jesse.

Hi, can you hear me?

Yes.

My name is Jesse Rubin, and I am an active member of the League of San Leandro voters.

I am giving comment tonight in full support of councilwoman and vice mayor Zua Bowen.

In this moment when there is so much cynicism about politics and politicians at every level.

We should thank our lucky stars that we have Bowen on our city council.

She has consistently made choices and statements while representing us that have been for the greater interest of our city.

It is clear that she cares deeply about actually doing the hard work, not just giving lip service to it to improve life for all of us in San Leandro.

What we learn now is that she lodged a formal complaint against council members Aguilar and Simon many months ago for the same behavioral misconduct that we have heard them accused of and censured for.

I cannot imagine how frustrating and emotionally draining it must be to try so hard to do good and be thwarted by such petty and toxic antics time and again.

Nor can I imagine the courage it must take to call out colleagues formally when you still have to work with them day in and day out.

The woman has a heart of gold and a spine of steel.

We need more politicians just like her.

We the public deserve to know the results of the investigation that her complaint led to.

We have a right to know how deep the brazen misconduct of Aguilar and Simon extends.

The investigation also be made public to bring us one step closer to the kind of politics that San Leandro deserves.

Not one steeped in scandal and dysfunction, but one where all council members genuinely care more about advancing the public interest than playing self-serving games.

If we fail to shine a bright light on misconduct, it will continue to stymie progress in San Leandro, and no one else like Bowen will sign up to represent us.

Because to do so would be to take on a losing battle.

Release the investigation to prove to us that the battle isn't lost.

Thank you.

Thank you.

The next speaker is Stephanie Smith.

My name is Stephanie Archilletta Smith, and I'm speaking in behalf of myself and my husband, Dr.

Chris Smith.

In countless situations, we've had ample opportunity opportunity to impartially appraise the personality, spirit, and true nature of Fred Simon.

Fred is admirably zealous and passionate in his tireless pursuit to solve problems aspect affecting San Leandro.

We have witnessed nothing less than honest, respectable, dedicated, and incredibly self-sacrificial service to San Leandro.

Fred has never behaved, spoken, or even hinted at disrespectful or unseemly behavior to anyone, male or female, that this disgruntled vice mayor attempts to smear him with.

As a multicultural communication specialist for over three decades, I sincerely believe that this vice mayor and Fran Robostelli just do not understand impassioned communication styles of men of color who may not agree with their perspectives.

As the vice mayor is also accusing another city council member of similar offenses to her.

Unfortunately, the current vice mayor's obvious lack of familiarity with cultural diversity nuances has provoked her to most likely unwittingly bully these two city council members.

The honorable Fred Simon, a well-respected husband, father, and Stanford educated engineer, would never engage in the egregious behavior she is accused him of.

In short, the city of San Leandro is fortunate and blessed to have someone of such sterling character and pure heart devoting his time, wisdom, and outstanding talent as the very honorable city councilman Fred Simon.

Thank you.

The next speaker is Carol Habercos.

Did I talk about can you hear me?

Yes.

Okay.

Hi, my name is Carol Habercos.

Um, I'm a resident of San Leandro.

I really would like to see the report.

I am not sure how people can comment without seeing the actual report.

I'm here to talk about both council member Aguilar and Simon.

I've known them for years.

I've worked with them with community meetings.

I've done lots of events with them.

I have never seen any of this behavior.

They have always been kind, articulate, intelligent at all of the meetings that I've been at.

We've worked on a lot of campaigns and a lot of local San Leandro.

Really good things to make San Leandro a better city.

Um I really believe in them.

And again, I have total respect for them.

I've never seen any kind of this behavior in many settings, many meetings.

And I have total confidence in what they do.

So I find that I'm I'm really questioning this what has been the accused accusations that have come against them.

I have not again, I've never seen that.

They've always treated me and my friends with respect, all women and men, and we've done a lot of work together.

So I have faith in them.

And I am really don't know how anyone can make judgments without seeing the reports and looking into this further.

Thank you.

Thank you.

The next speaker is Douglas Spaulding.

Thank you.

The thing that that uh kind of sticks uh in my head is something that uh councilwoman Bowen said um some time ago in this uh discussion, which is uh she had called for training, uh HR training for the entire council to undertake, which I guess I misunderstood.

I thought that had been decided upon, but I guess uh it just fell by the wayside.

But I'm but I'm wondering like why hasn't the council done that?

That that would seem rather fundamental under the circumstances.

Uh councilwoman Bowen, I regret the the sexism, bullying, retaliation, all the discrimination that you've you faced.

And and I think in these matters, uh, you know, I learned to believe women and to trust what women are saying.

Um, but uh I also say that that Fred and Victor uh are friends of mine.

And um, you know, I I I've heard it.

Uh I I think one one one uh memorable occasion was uh when councilwoman Bowen really did her homework before uh one of the uh priority setting sessions and then was lampooned for all the all the points she was making.

And uh and so you know, I I believe one of the roles of friends is to struggle with each other, especially for men to struggle with other men.

And so, you know, I yeah, I've been critical of Victor and I've been critical of Fred, and I and I do it directly to them.

Um I think the city has to see this report, and so I hope you as a council will um uh decide to make um the facts known.

Uh I I have to say I'm I'm a little confused by some things, like the idea that the district one uh replacement selection was somehow sexist.

Uh, you know, I didn't really like Fred or Victor's choice, and I'm happy that Councilwoman Verrera Swalton is in place.

Thank you.

Your time has elapsed.

The next speaker is Sarah Bailey.

Um, can you hear me?

Yeah, I can hear you.

Yes.

This is Sarah Bailey.

As a regular attendee of city council meetings, I have repeatedly witnessed attempts by council member Simon and Aguilar to block council member Bowen from doing her job.

I have seen them outright lie, such as when they tried to prevent her from becoming vice mayor.

I've watched them waste valuable time, as they did again tonight, in an effort to silence her voice.

She is a creative thinker with exceptional problem-solving skills, yet council members Simon and Aguilar collude to block reasonable progress that council member Bowen initiates.

As a resident of her district, this is especially frustrating to me.

And as a woman, especially offensive.

I'm sure the behavior I've witnessed is just the tip of the iceberg.

I am not in council's backroom meetings.

I am not privy to their interactions with members of city staff.

But Aguilar and Simon have been named in a lawsuit against the city by former city manager Franstelli for exactly the kind of behavior council member Bowen includes in her HR complaint.

Government and businesses are different animals.

And business and employee who violates the rules of conduct would be fired.

This action is not available to council who are employed by the people who get a say every four years.

Between elections, the council must police itself.

To avoid this, uh, to avoid erosion of the public's trust, council members must be held to account.

Therefore, I call on this council to discipline council member Simon and Aguilar.

Thank you.

Thank you.

The next speaker is Kat Wellman.

Good evening.

My concern is about the fairness, the due process, and transparency.

You've heard many speakers that are saying the report should be released.

And I'm basically going to tell you that I believe this request is premature.

The request was made by Councilmember Bowen on October 24th, and you did not get the facts that would support the request until the investigation was released, and that was not until October 31st.

The policy, which allows you to actually take this request, says that the written information must be distributed to the entire council.

The request must contain specific facts and allegations as to the charges.

And we were told that the investigation would include those, but the public has not seen it, and neither has the whole council, unless you can tell me that council member Simon and Aguilar have also received a copy of the investigation.

I believe that the council should postpone taking any action on this until they have actually made the investigation public.

Or and also have given a copy to both council member Simon and Aguilar.

Otherwise, you do not have any transparency.

We have no idea what you're actually basing your decision on tonight to actually put it onto a future agenda.

It's just based on a request of a council member.

And the public has not seen it, and the council member who are being charged have no opportunity to actually make any kind of defense on their behalf why it shouldn't be put on a future agenda.

Thank you very much.

Thank you.

The next speaker is Lucas.

Can you hear me?

Yes.

Thank you.

Thank you for taking my comment uh this evening again.

Uh I just want to say that the city council must treat these allegations and the need for disciplinary action with the utmost severity.

The council's credibility is at stake.

There is there are repeat patterns of bad behavior highlighted by prior censures, council member quitting, the city manager quitting, uh, another council member resigning, the previous mayor not being able to work with this iteration of the council, FBI indictments of a council member, a hostile work environment, the need for um censure.

Uh it's a mess.

This is a mess.

The city council must must proceed with an investigation.

You have to agendize this for the next one.

I don't agree with the speakers who think that we have to wait for a report.

We saw what the Robustelli report said.

It was 90% uh crossed out and blacked out.

We barely got to find out what the details were.

The report will come out, you will read it, address it as soon as possible, just as delayed as just as an idea, and this council member has already been waiting for 10 months.

I say release the Epstein files, release the release the Aguilar.

I apologize.

Release the Aguilar files, release the Simon files.

This is this is ridiculous.

Just let us know what's happening.

I appreciate the council members' discretion and her not saying exactly what happened to her.

I can understand her not wanting to punish her colleagues in a public forum, but get to this agenda item as soon as possible.

We deserve to know, you deserve to know what happened.

Lastly, the speakers who talk about the public character of these people.

I just want to remind people that sometimes history has shown that the most heinous abusers, Bill Cosby, Harvey Weinstein, Matt Lower, Jared Fogo, Jamie Seville, they all maintain public personalities that are perfect angels, and then the truth comes out.

And with truth, there are often consequences in these matters, enforce the rules.

Thank you.

Thank you.

Mayor, that concludes the raised hands on Zoom.

Okay, so that concludes our public comment uh online.

We've had public comment in person online.

Okay, so at this point in time we have a question before us.

The core question is uh what action should be taken at this time.

Uh if any, right?

That's that's what's placed before us, what the uh council of what the clerk brings to us.

I will begin with council member Aguilar.

Uh thank you, Mayor Gonzalez.

I you know, with with regards to proceeding with a disciplinary vote without disclosure of the underlying findings, what totally undermined the principles of fairness, transparency, and due process that the city's policy and and brown at government code section 54950 are intended to uphold.

So I move that we cease any further action or consideration of disciplinary or censure uh measures um made in reference to California Government Code 54950, affirming the city's commitment to transparent and fair process consistent with both the Brown Act and our internal policies.

So I just want to that's a lot of words, and I don't have it in front of me, but the essence of your request is to postpone.

I want to get the the verb that goes with this.

The the is to cease to cease this action.

So to table the action, to continue the action.

I'm gonna need kind of like a little more precise word, and you're welcome to ask legal counsel for some guidance on your work.

The word is cease, not table or postponed.

Okay, so that we take no action today.

You're moving that we take no action, okay, today.

Or ever.

Uh that we just that we take no action.

Um because there's no what are we going to base this off of?

We have no, we have no evidence.

And according to government code 54950, um, we are due process and the city's policy according to the Brown Act.

How are we going to violate that policy if we have not been given the report?

Thank you.

So I've got your motion.

Uh Councilman Rivera Swalton.

Well, I'm certainly not seconding that motion.

I do have some comments.

Please proceed.

51% of women experience bullying in the workplace in the United States.

And the jump and the number jumps to 53% of your woman of color.

61% of us have seen it in the workplace, and in other places that we are in.

And you don't have to take our word for it.

This the stats are there.

We talk about it with our friends and our partners.

We talk about it with people we trust with trusted men and trusted people.

Believe us, believe women.

But you many of you have heard me say that we do not live our life in the aggregate.

You don't have to believe that 43% of women experience this because there's a report specifically that addresses the questions and concerns and the allegations that our vice mayor has said.

When we received the complaint, the city council of the folks that were not conflicted out, there was actually a committee that interviewed various attorneys that would do this this investigation to ensure that it was a fair and independent investigator with zero ties to the city.

And we found one.

And they began their process.

And since then, there's been interviews of people on this council, off the council, members of the public.

Actually, I don't know if there's members of the public, but um a lot of people have been interviewed.

There was some delays in scheduling, but um I am I was very dismayed by the line of questioning that my colleagues have done, particularly council member uh Simon and um Aguilar on the process, and not necessarily thinking about unintended impact of your words and your actions.

Many of what we have already talked about, things that have happened publicly.

Um I brought them up again, and I'm gonna bring it up one more time on November 3rd.

That there are things that we do that may not have that intent, but when the person that is harmed is sharing that they were harmed by what you said or what you did, you have to take responsibility for the impact.

And it's hard because I had to take responsibility for the impact that I had for not speaking up at the March meeting, where this issue has been, God, it has been talked about so much, but it was the city council planning session where vice mayor, then council member, now vice mayor, brought up her uh work items.

And it was my first month on the job.

And I knew what was happening in front of me, and I did not say anything.

And that was not my intent, was not to hurt her, but I still apologized, even though I did not mean to harm her, because I harmed her by staying silent.

And I implore to my colleagues to please take responsibility for your actions.

We are facing a crisis of trust in our council.

And we have a lot of work to do.

3,800 people in our city make less than 25,000 a year.

Forty-two percent of us are renters.

One in five households in Sal Leandro spend more than 50% of their income on rent.

56% of senior households are low-income households.

And we have close to 300 people homeless in our city today.

We have a lot of work to do, and we need to work together, and we need to get past this.

Therefore, I make a motion to waive attorney client privilege and release the redacted report.

I would also like to bring this item back on the November 17th meeting.

Is there a second this point in time we will go to council member Simon?

Please punch in.

There you go.

I feel we have two motions on the floor at the moment.

There is one motion that has not been seconded.

I have a second motion that has not been seconded.

Neither has received a second.

I will second council member Vivaris's Walton.

Overas Walton's motion.

But that's not a point of clarification.

So that's out of order.

I had called on council member Simon.

You had asked specifically to clarify point.

I am happy to come back to you in a second.

Okay.

But in terms of order.

Councilmember Simon is next.

Yeah.

So hold on.

Please proceed.

I'd like to second Councilmember Aguilar's motion.

And I do have some comments and some and a question.

Please proceed.

Okay, I'll go with the question first.

Just on a voting standpoint.

Since we've been recused, Vice Mayor Bowen, myself, and Aguilar from the many closed session hearings on this topic.

I don't know what happened in those meetings, what was going on with this investigation report.

I don't know.

Um, but since we were recused from those meetings, why are we not recused today?

Seems like we should recuse ourselves from a vote on ourselves.

Or if you have an unbiased excuse me, or if you have a biased decision.

So come to council.

I'll come to legal counsel for a discussion of that.

Uh thank you, Mayor, and thank you, Councilmember Simon.

Uh the recusals were required because an investigation, an impartial independent investigation, needed to occur and to do so.

We needed to uh remove the individuals who were the subjects and the complainant so that the remainder of the council could determine the scope and work with the investigator to investigate the facts without tainting an investigation with the complainant or the subjects being involved.

That was that's where the conflict occurred occurs.

Now that the investigation is completed, there is no need for there's no conflict at all.

The investigation is done.

So that's why the council members, all of you can read the report because it's an attorney-client privilege report of the city council.

So there's no conflict anymore.

You can now determine you can read the report, and then the council as a body can decide what it wants to do with that report or not.

So to clarify, you're saying read the report first, then we decide, but it sounds like we're trying to decide today.

No, today, according to the policy, we've received a request for discipline.

At this point, it's the the council's received the request.

Does it according to this home policy?

It can determine whether further investigation is required, considering we already have an investigation report that's there.

It can determine whether discipline short of censure.

Should be uh is warranted, or it can determine to move forward with censure.

Now, clearly you don't have enough of the facts yet.

We've scheduled this because the council Vicemair Bowen's complaint came in before this council's agenda needed was able to be posted.

And so it was the next meeting's agenda, and that's why was scheduled.

Um certainly, so you don't answer your question.

There is no conflict of interest now.

The council as a body will determine what it can do with this report.

So whether we can make a biased or unbiased decision, does that play into the decision here if if we can vote or not?

Like if you're voting.

Seems like some people you kind of know which way they're gonna go.

Well, certainly I you got a report that you can now read and make your own decisions and vote your conscience.

But we don't have a report.

It's now available to be made available to the council.

All right.

Well, I still second um council member Aguilar's motion, and I'd like to make a comment.

Please proceed.

Okay.

Uh to the residents of San Leandro who elected me to represent your interests and concerns in 2020, and again in 2024, I work for you.

You are my bosses.

In the organization chart of our city, the residents are at the very top, or at least that's my recommendation to the city manager to show it this way.

I am honored to give it my all and to carry out my duties to meet the needs of our city and all San Leandro residents.

My words spoken tonight are similar to the words I spoke on November 18th, 2024 at my censure hearing.

And it seems like I'm living it all over again.

Nevertheless, I remain as resolved as I was when I was first elected in 2020 to serve on city council for one reason to help people, to help the underserved, to help the manor, my district four, that had the unfortunate and unofficial theme of no love for the manor, which we have been working really hard to reverse, and to help our city as a whole, all districts, those that live in the flatlands, and those that live in the hills, all races, creed, gender, age, sexual orientation, doesn't matter who you are, help all.

Initially, I did not think it was the right time as I had a full-time job as a senior civil engineer.

My wife and I raising two young kids, caring for elderly parents, not in good health, with my dad recently passing, scoutmaster for San Leandro troop, and board member of the Oraloma Sanitary District.

A very strong leader on the council at the time, Corina Lopez, approached me and said, Fred, we need you.

We need your help here in the city.

Initially I said it was too much and not able to help with it.

However, with all my other commitments, the timing is not right.

However, I thought about it and prayed and I said yes.

I have a passion in my work, and I have high standards for our city, and I believe we should consider all options making our city the best and not settle for mediocre, while ensuring fairness, respect, and equality.

Again, to my surprise and to many in the community, I am charged for discipline with more allegations without specific facts as required by the city's own discipline policy.

And again, I am surprised and concerned with the investigation process, as I have been since I first joined the council.

If this report is truly independent, which I believe it is not, then why?

Then what has been going on with this report, which has been preventing me from seeing the charges against me?

Why have there been multiple closed session meetings on this investigation and still no report until I guess 1031?

As I stated at the November 18th, 2024 censure hearing, I was told by the former city manager I should not raise concerns questioning city investigations publicly, as that may cast doubt on the city's investigation process.

However, I will continue to raise them.

Tonight my three main concerns are number one, violating due process.

The city is depriving me of my opportunity to review the documents in preparation for this item tonight.

Just what was done to me on the November 18th hearing when I requested an unredacted version during censure and was only provided a redacted version.

Again, this is a violation of my due process.

The legal principle codified in the fifth and fourteenth amendments of the U.S.

Constitution that my legal rights are respected.

Number two, the city is violating its own policies, allowing breach of confidentiality.

AP 1000 administrative policy and allowing this item to be placed in tonight's agenda is in violation of chapter of City Title I, Chapter 13 of the City Administrative Code Discipline Policy Statute of Limitations.

And it appears that the city may have known this violation as the policy was taken off as an attachment to tonight's agenda, even though it's referenced as an attachment.

Number three, the city is violating the U.S.

and state constitution by discriminating against me and treating me differently for being black.

And tonight is yet another example of me being treated differently.

While others violate policy on confidentiality with no repercussions, and I am publicly accused while not allowing me to talk about the investigation, and I was denied by the city attorney in May of this year, and hauling me in here in front of the public, slandering me, defaming me, and not giving them me the rights or tools to defend myself.

And I believe there is no excuse for the city to look the other way when they see rules being broken in our city, specifically AP 1000, the administrative and policy prohibiting against harassment, discrimination, and abusive conduct.

If we don't follow our own rules, then how can we govern our city?

And I will repeat as I shared during my comment at the November 8th, 2024 censure hearing, racism exists exists on this council.

As I formed the mayor previously in 2024, racist remarks towards me were made by a council member, and I am still aware of no investigation, no follow-up, nothing.

How do you think any black man in this city or nation would feel if someone you are working with and had even exercised power to discipline them and defame their care character would say, if I were a slave owner, I would be a good slave owner.

Yes, those words were spoken to me as a black man on the city council.

And I'll repeat, if I were a slave owner, I would be a good slave owner.

Still, I remain resolved as when I first elected in 2020 to serve on city council for one reason to help people to help the underserved and to help our city as a whole.

And I do have a follow-up kind of question, if I may.

Please.

Can you remind me?

Does anybody have that number readily available?

I'm sure we can come back to you on what that number would be.

Okay.

I suspect the number is on the order of half a dozen, but let's not time it down on that one.

So half a dozen.

So back to my question.

If the investigator did their investigation, they come to council, close session six times.

I want to clarify, no one said the session.

Okay, not the exact number, half a dozen, around half a dozen.

But the investigator did not come to each time that we discussed.

Sometimes we just ask questions about are things progressing?

Yes, no, what are the holds up, hold up, etc.?

Okay.

If it had been presented to the council half a dozen times.

What prevented us from sending this out within one meeting of the investigator giving you the report if it was truly independent?

So we received a final report on October 31st, 2025.

So how many draft reports did you review?

I don't know the answer to that question.

A couple, I think.

And then what happens from the draft to the final part?

What is excluded?

What is included?

Are we going to see all the drafts, what the investigator originally came up with?

That work is attorney client privilege.

And the original reports were quite long.

And we asked for clarification.

Just make it simple and understandable.

So who determines if facts were removed or not?

Does it be a good question?

City council members that were in that session reached consensus on guidance that was provided to the investigator.

Okay.

I believe an independent investigation comes straight from the investigator.

It should not be interfered with by council.

There was no interference of the investigation.

Okay, so we've got a motion and a second.

Is there any other discussion of the motion that's on the floor?

So I cannot tell because I have people in my queue.

So Council Murray Votus Walton, did you want to speak on the motion that's on the floor?

You can just say nod your head no, because I'm just I'm trying to move forward.

Councilmember Bolt, did you want to speak about the motion on the floor?

Can you repeat the motion?

I don't I don't remember.

Councilmember Aguilado, would you please restate your motion for the record?

Yes, I would, you know, I would like to move that we cease any further action or consideration of disciplinary or censure measures.

Um made in reference to California call it for your government code 54950, affirming the city's commitment to transparent and fair process consistent with both the Brown Act and our internal policies.

Okay, Councilmember Bolt, did you want to comment on that?

I got a question.

Okay, please uh ask your question to the city attorney.

May if we vote on this now and we cease to go further, does that mean we can never come back and visit it once they've read the report?

Please proceed.

So no, but what it effectively is doing is stopping the disciplinary process.

That's could be independent of any action related to the report itself.

So it is its own thing in this entire process.

It just exists.

So a yes vote on this motion would not allow once once the report is available.

I know you're saying it's available, but I think that's a little facetious.

We just decided that.

So it in actuality has not been available to vice mayor and the two council members.

So I want to be clear on that.

Once if we vote yes on this, once they've read it, will we be able to uh take disciplinary action if we wish?

My my problem is is I don't want to go forward with um agendizing this unless we have a specific date after they've read it and have been able to digest it and can say something.

But if we just say no, can't do anything, I'm not with that either.

Then that's it.

That's what the motion is at the moment of time.

Oh, I'm just gonna clarify your motion is we will never consider discipline, correct?

I'm sorry, I uh need to push you in.

There you go.

Uh thank you, Mayor Gonzalez.

Uh yes, uh, being that we don't have the report on hand.

How you know my question is how can we make a decision without the disclosures of the underlying findings of you know the principles and fairness and transparency that we talk about and in due process of the city's policy and Brown Act advises on government code 54950.

Okay, so I'm I'm gonna introduce a substitute motion here because I just I want to get I mean we are first before I introduce my substitute motion.

Can we extend the clock to at least a few minutes?

I'm sorry, I'll second.

Okay, so let's let's take a quick vote on just just running very quickly to 1030.

Okay, please vote.

All votes are in.

Motion passes unanimously with councilmember Azevedo absent.

Okay, so what I'm gonna do is I'm gonna move this.

I I'm moving to continue this item to November 17th meeting.

Um I think everybody needs to read the report first.

I thought we voted to extend the motion on the floor.

No, you don't.

And I second it.

I I have a motion to on the floor.

You don't have a second because your second was out of order.

We have an existing motion on the floor, and I'm making a substitute motion.

So explain to me, parliamentarian if that is incorrect.

There was no second because the second was out of order.

It was posed as a question.

That's correct.

So we have a motion on the floor, and a substitute motion could be made.

Um I think it's to the chair.

I do think that you could go to council member Vivrous Walton and ask her, was that a substitute motion that you're intending to make to the main motion?

Because the main motion is currently there right now.

And we haven't gone to ask clarification to buy uh council member's walton.

I'm gonna stick with a substitute motion, folks.

Let's keep this simple.

The the substitute motion is that we continue this discussion until November 17th, when people have had all council members have had a chance to review the report.

I I do not support a motion where we waive privilege without council members having looked at the report.

So my substitute motion, and I'll be looking for a second, is that we continue this item to November 17th.

It's that simple.

Do I have a second for that substitute motion?

Very well.

That motion dies.

Now it will come to anyone else that wants to speak next in line.

Council member Votus Walton.

Well, there is a motion on the floor.

Um, but I would like to clarify my motion against that motion, and I'll make that a substitute because I think this gets to where we all want to be.

One is I my motion is to waive attorney client privilege and release the redacted report and agendize both, continue this part of the meeting into the 17th.

So the council will have an opportunity to read the report, and the public materials will be made available with the regularly scheduled calendar, right?

So that's three business days before the council meeting.

So the public will have the opportunity to read the report in time for the November 17th meeting.

So my motion, I think, gets to both things.

Release the report to the public, continue the item to the 17th, which is our next available meeting, and the members of the council can read the report.

What I am what I am asking my colleagues is in the name of transparency without having read the report to release it to the public.

Release it to the public.

It is on us to ensure that not only the money that we have spent, but the time that has spent on this report, that everyone reads it.

So I know that it might feel vulnerable.

For everyone to take a vote to release this and waive attorney client privilege, but I think that this is the first step in our crisis of trust with the public.

So I would like to make this a substitute motion to waive attorney client privilege and release the redacted report and continue this to the November 17th meeting.

Do I have a second?

Second.

We've got a second for the substitute motion.

We've got a motion by council member's Walton to waive attorney client privilege and to continue this item, the discussion around disciplinary action until the 17th.

Just to clarify, it's a redacted, right?

The one that goes out to the public is redacted.

The council gets to see the full report, correct?

If that's your motion.

Yes.

So there will be some redaction of the report before it goes to the public.

Okay.

Um we have a substitute motion.

We have a second from councilmember Bolt on that motion.

Now we will go to discussion on the motion.

So the I have in queue Vice Mayor Bowen and Councilmember Simon.

If others are going to want to weigh in, that's fine too.

But let's start with Vice Mayor Bowen.

Thank you, Mayor.

I want to understand this process.

Um I appreciate and would have seconded that motion as well.

We have two separate processes right now.

Currently, it is the request for discipline, which I think the name of it might be confusing to people.

It prompts the council to take action to consider if another council member or a person from the public makes a claim against a council member.

And then we decide if we enforce ourselves, we decide whether or not to take that claim seriously and elevate it to some sort of substantiation, like a investigation.

Separately in January, I filed an HR complaint that was approved to be investigated, and an independent investigator has worked on that.

And finally now it's being accepted.

And so the conversation right now is not about what the disciplinary action is, but will we uh uh take the claim seriously?

My report of misconduct, will we investigate?

And in our case, this case, it actually already has been investigated, so we already have that information.

And then in a subsequent meeting on the 17th, we can after everybody has read it, because also I have not read it.

There is due process.

I don't know what the findings are.

I know what my experience is.

I don't know what anybody else said.

I don't know if the scope of the investigation went beyond what I shared because other people are a part of it.

But I promise you that if I was wrong and it these things did not occur, I would be the first to admit that I was mistaken.

But the point is that this is the experience that I had, and I am trying to make it better.

When somebody does something wrong, when I I wish I could have the conversations that I have with my children with this council, because then maybe we could understand what it's like to identify something, understand how we impact other people and work forward.

This is not the first time we're talking about these actions, not privately, not publicly.

We have discussed it for two years now.

The timeline of it is not separate from what we're talking about.

And so the HR investigation process will continue on.

I would hope that our council, anybody on this council that says care about accountability that says the people who they serve, this that want people to trust them, will vote to release this information that we have spent taxpayer money on, that we have spent so much time on, staff time on.

We have a duty to do that, and I will be the first with egg on my face if I am wrong.

But this is what I have experienced, and I am confident that parts of mine, if not all of my experiences that I reported are true, but I will admit it if I'm not.

At this point in time, we'll go to council member Simon.

Yes.

And I brought this up at the censure hearing, and my comments were ignored.

And we had public commenters that come up, came up.

Bob Glaze, for example, who stated that his statements were misrepresented.

I had submitted information that was completely left out of the investigation.

So and I mentioned that last year.

I'm just refreshing our memory.

Whatever happened in there, altered.

If I'm gonna pause you because there is no factual basis for saying whatever.

So okay, I your point can be taken as is, but don't go beyond what you think about.

Let me clarify.

I heard that in those meetings, it was reduced or whatever that means, something like that.

Simplified.

It was it was okay.

There were a lot of words, now it has fewer words.

Okay, but what I'm saying is that I have experience in this in this city where information is left out from the investigator, or however got left out.

What I'm saying is that if you truly want something independent, let the people see what the investigator said, not what the council wanted the public to see or us to see.

Let the people see what the investigator said.

I'm gonna pause you right there, and I'm gonna ask you do you want an unredacted report released?

Because the motion on the floor is to release a redacted report and to continue this discussion until the 17th.

That's the motion.

And so the discussion needs to focus on the motion.

Are you arguing that the motion should have an unredacted report?

Is that what you're asking?

No.

What I'm asking, and I'd like to modify, I'm not sure of the exact procedure.

I'd like to modify the request to release the actual independent report that the investigator produced, not the report that was produced or whatever.

There was one final report, period.

Okay.

She stands behind her report.

She has told us flat out, this is my report.

I will testify about this report.

And so I'm not quite sure what we're doing here by talking about as she thought through the report, as she did follow-up interviews, as she considered more information.

She said, in the end, this is my report.

I will testify about this report.

She told us that.

But when you really don't want to get into a lot of what happened in closed session, but I what I hear happening here is the besmirching of a report that hasn't even been read yet.

And so I encourage folks to read this report before commenting on the report.

But but let me finish my point, please.

What I'm getting at, and it goes back to the same thing I'm reliving from the censure hearing is and I and I don't have the exact verbiage, but you said it was reduced.

What the investigator had provided in closed session, it was reduced.

What I'm saying is let the people see actually what the investigator provided to council.

That final report provided, and that is what we're talking.

That is on the table.

There is a report, and that is what Councilmore Vivotus Walton has said.

I want, I move, if I heard you correctly, I move that we take the October 31st report.

The only report that exists that she is standing behind, and that she says I will testify about this report.

Councilmember Vetus Walton has said I want to have that uh released in a redacted form, and I want to continue the disciplinary hearing.

Okay, but what I'm asking it, what is there a procedure, and maybe city attorney you can inform me that I can request is can I substitute on your motion to request that the version of the report that was given to council before it was reduced, that be released.

So the short answer is no, because we have a substitute motion.

You can't substitute a substitute motion.

You can ask for a friendly amendment, the motion that's on the floor.

Okay, I'd like a friendly amendment.

So councilmember Walton, are you open to changing your motion?

I mean there's no other report though.

There's only that report.

Well, that's fine.

I mean, there is one report, period.

The end.

There is one report.

And what you are asking for is something that existed at some point in time as she, the investigator, was refining her report and making it clear and more communication clear.

So but nevertheless, a question, a request has been made of the motion maker.

If the motion maker wants to amend her motion.

Your mic is on.

Should you want to make a change?

I do not.

Okay.

Councilmember Simon, I do not have you.

Yes, I do have you.

Would you like to continue?

Uh I'd like to hear what my other colleagues have to say, but um I I'll have a final comment.

Okay, council member uh Aguilar, I think is next.

Thank you, Mayor Gonzalez.

I just um I think the question was answered, so the council member is Walton was making the motion to not include the unredacted version.

So no, just I'm gonna state the motion because I want the motion to be clear from the chair, and then I will go to the motion maker to confirm whether that statement is correct.

Councilmember Vivotus Walton has said we have a report.

That report we received on Friday.

It is now printed and available for everyone.

It's dated October 31st.

She says she wants moved.

And she has a second.

I've lost track of the second.

I think it was from Bolt.

Thank you.

That this report, the only report that exists, that report will be released to the public in a redacted form.

Um essentially as soon as reasonably possible.

I'm looking for a head knot, and that's what I got.

And then at which point she also has added as part of promotion that this disciplinary discussion be continued until November 17th.

And that's in contrast to your motion, which said that we're terminating this, it's done, it's finished.

So those are the two things that are presented in this substitute motion.

I'd like to make a friendly amendment since we are beyond the time frame that we bring it to the December 1st meeting rather than the 17th.

Okay.

Councilmember Virus Walton, are you open to that?

I'm not.

You are I am not.

Not okay.

Councilmember uh okay.

So now we're going to Vice Mayor Bowen.

Um, I I I had some concluding statements, but I would like to uh I wanted oh, can I can I also just um we're supposed to end at 10:30, and I would like to extend it to 11 o'clock.

Second.

Thank you.

So I'm sorry.

To 11.

To 11 extending.

And so I've got a motion from uh councilmember uh from Vice Mayor Bowen with a second from council member voters Walton to extend our meeting to 11 o'clock, please vote.

All votes are in the motion passes five yeses.

Councilmember Bolt voting no, and council member Azevedo absent.

So please proceed.

I want to I'm I'm sorry that we are still here at 1030.

I'm sorry to the staff that are still here and to the council members, and I also wish that this could have gone uh quicker.

I am honestly uh flabbergasted that I have to defend a decision to report harm that I experienced and to try to convince this council that action should be taken and that you should believe me, you should believe people.

There are council members on um the up here that have daughters, and I know that if they experienced anything, or if you have a sister or a mother, any of the things that experience, and they came home and they said this is how I felt, this is what I experienced.

You would want to at least check it out.

You would want to at least give them the benefit of the doubt.

You would at least want to make sure it doesn't happen to them or anybody else, because we want to make things better.

And I appreciate the public comment, and I appreciate the people that are still here.

Um people have written in, people have written in and supported me, and people have written and supported council member Simon.

And at one point, Councilmember Simon and Councilmember Aguilar, you are kind to me too.

At one point, you were honest with me too.

At one point, we had conversations, and I was able to say, hey, that's not true.

That wasn't okay.

That was a lie, and we can no longer do that.

And I want to change that, and not once, not once in the last 10 months has there been any acknowledgement at all that maybe just maybe you could have done something intentionally or not to disrespect, to cause harm, to behave in ways that are inappropriate.

And so here we are now.

I don't want to take your voice away.

I'm not asking you for to resign.

I'm not asking you for a censure.

I'm not asking for any of these things.

Those are decisions we make as a council.

What I'm asking for is to take this seriously and to do something about it.

And I am exhausted too.

Do you know how hard it is to sit up here to be treated this way and to have to plead with my peers to do something about it?

What kind of example are we setting to every single person in this community?

Every single woman, every single child.

I respect every single woman that came in here and appreciated what an experience like this is like that would at least give me the benefit of the doubt.

Because guess what?

They've probably experienced it too.

We could at least do that courtesy.

I am just incredibly frustrated.

I understand that I am showing my emotions, but I am exhausted.

And I implore this council to please do the right thing.

Because you can't even do this.

We cannot be trusted to do anything.

We are the ones that say we do something, and then we have to follow through with it with our actions.

I have said a thousand times this is not about punishment.

I am not saying these things.

People have mentioned things.

They can mention things if they want to.

We are going to go through the process.

That is what I'm asking for.

Can we at least do that?

Because otherwise, what is the point of a council code of ethics?

What is the point of any of these things in front of us?

What is the point of telling the community that we care?

Because we apparently don't, we cannot do this.

Okay, so there has been a call of the question.

Is that a second on the call to question?

Second.

Okay, so let us take a vote on do we call the question.

All votes are in.

Apologies for my technical issue.

The motion fails with three yeses and three no's.

Councilmember Azevedo is absent.

And the three no's are council member Aguilar, Councilmember Simon, Mayor Gonzalez.

Okay, so we will continue discussion.

Council Voters Walter, I know that you've been waiting.

Please proceed.

I'm disappointed by the vote.

However, I did want to let your word stand, Vice Mayor.

But there's a couple of things that were shared that quite frankly surprised me.

Because that means that someone in close session shared with you that there was reports.

And I don't understand how that happened.

Who did it?

You shared just now in your comments that you were told that there was a report, a version of the report that was longer than the version that we have now, the final version.

No, no, no, no.

No.

I know what I heard.

And if there was, and if there was, I'm speaking.

I am speaking.

That's what you said.

I didn't do it.

So who in closed session is sharing things that happen in that room.

I did want to share publicly that I took, I read two versions of that.

It took me three hours to get through it.

Three hours in city offices, bookmarking, reading through it, reading every footnote.

And I put in so much thought into this because I wanted to ensure I took in y'all's feedback and ensuring that I put in the time and my brain.

And in and I looked at that report, and I gave my thoughts on it.

However, I am deeply troubled, deeply troubled by what you shared.

And you can go back to the video and hear yourself what you just said.

And I guess no one else has the floor, but maybe.

Because I actually did submit three item 13s to ensure that we continue our sit our city business.

I have an item on Lake Shabau Road that I want to talk about.

I have an item on vacant lot activation, and I have a lot on, and I have an item on providing some tax incentives for priority businesses in San Leandro.

So I have business to get done today.

So we need to get this done because we are out of here at 11.

So I would actually like to call the question.

Do I have a second?

We we have had we just had that.

I can't call it again.

That the motion failed.

It failed 3-3.

So everyone gets a chance to weigh in.

I am going to offer a friendly amendment.

Um because I have I've stated before, I am very troubled by expecting folks to release a report that they haven't seen yet.

We're asking for a waiver of attorney client privilege.

Um and that that really bothers me.

Um and and I'm I'm stuck with that because I think that is a matter of fairness.

Uh I won't use due process because that's a legal term, but just I would call it fairness.

I think that is a matter of fairness.

Our colleagues should be able to actually see the report before they vote on something.

Um we can talk about building trust and the like, but I would ask you respectfully to consider.

Would you be willing to remove that part of your motion?

Respectfully, mayor, no.

Okay.

At this point in time, we will go to council member Simon.

Uh can I let Councilmember Bolt go first before I go?

Since I mean I'd like to hear so if you're that's I'm fine, I'd like to still speak, but I'd like to hear what he has to say.

So I'm gonna pull you out of the queue and then you can come back into the queue.

Councilmember Bolt, please proceed.

Yes, first I'll go with what you were just asking asking, and I believe the motion that was made by Councilmember Vivaris Walton was to in fact allow them to read it, but let's not delay, right?

If we if we set a date now, they'll have two weeks to read it's now available.

They could go tomorrow morning and read it in the um in the office of of HR.

I forget, I forget exactly where, but they could go tomorrow morning and I would give them two weeks to and so I sympathize with that thought.

Like that's two weeks.

Like, come on, let's just get to the point.

But my point is what if they object to um once they read it, what if they object to waiving the attorney client privilege?

Uh and listen.

So you're asking them to make a decision without having seen a report.

Okay, and respectfully, of course they are.

I mean, we just gotta move on.

If I was in your guys' shoes, I'd say, nah, I don't want it.

There's a good move.

Hey, let's cease this, right?

Like, I get it, but we gotta move on.

And if we just wait and wait and prolong and December 1st is supposed to, I mean, I want this behind us before we move on to any type of celebrate.

I mean, we're gonna have on December 6th, I think it is, the first the award ceremony here, and this thing still illuminated.

No, I'm not with, I mean, we just gotta get it done.

It's not saying that they're gonna be censured, it's not saying any of that.

It's saying let's give them some time to read it, but let's make a motion now, see if we got some support.

I think you guys want the community to see what they paid for in this investigation.

So I'll leave that there.

Then um respectfully, Councilmember Viveris Walton.

I I hear your your um comment about someone said it, but while I was sitting here, what I heard is council member Simon's reaction to what the mayor was saying, and that's why the mayor paused him twice, like, no, don't say I didn't say that.

And that's why the mayor paused him twice, like, no, don't say I didn't say that.

He's not saying that he was told.

I hope you were not told by another council member what went on in closed session.

Because that ain't right.

Um what I honestly feel in my heart is is that what he was referring to was what the mayor said.

And so I I really believe that there is no, but if there is, you know what?

This is what we've been dealing with, and this is the reason why we need to get it behind us and we got to deal with it.

Okay, Councilmember Aguilar, have not heard from you in a bit.

Thank you, Mayor Gonzalez, and uh thank you, Sue, for your comment and Spain for your comment.

I you know, I really understand the impact and intent.

Um, I think it goes both ways in that sense of you know how we're feeling, but also how the other person's feeling.

Um I you know, I wanted to make a comment with regards to the um the I am not willing to waive attorney client client privilege yet.

And since we don't have the report, it doesn't it won't even fall within the two-week time frame to review the report.

So I am asking that we move it to December 1st so that we have time to process it to come in and review.

Uh I think you all had you know it was a 10 month process, and I think four months to review a report, three or four months and go back and forth.

So uh you know, I I'm I'm willing to move forward.

Um, not until we have access to the report.

It you know we're approaching midnight, and that will give us what now 13 days to review or to schedule 12 days, what have you?

So you know, with with due process, I I don't believe this is fair.

Um I think you know we are putting the cart before the horse here, and what we what we need to do is to move the item to hear this on December 1st.

Um, but I am not waiving attorney client privilege until I actually make an appointment or sit down and read the actual report.

You would repeat that last part because I was getting some legal advice.

Oh, I got the last sentence, please.

The last sentence was I am not willing to um move forward unless I have the report in hand.

Thank you.

At this point in time, we will go to Councilmore Simon.

Are you ready?

Okay, so I'll go to you and then I'll go to uh Vice Mayor next.

Uh thank you.

I'd like I agree with Councilmember Aguilar.

I would like to see the report before I waive any privileges.

And I'd also like to request that my attorney be allowed to review the report with me, because I understand I check with the city attorney.

I need council permission to do that, and I think that would be fair for my attorney to look at this as well.

So I'd like to request that.

Um, and I'd also, you know, kind of in fairness of us being able to work together, even though we're tired, we're exhausted.

I got it, I'm tired too.

I just like to ask that we don't raise our voices at each other, whether we're tired or whatever it is, let's please not do that.

Um, you know, not speak to each other like children.

I don't think we should you know use that terminology.

Let's try to be respectful.

Um, I'm just asking that.

So city manager, how would that excuse me, city attorney?

How would that request for my attorneys to look at this report have the ability to look at his report as well fit into this process?

Okay, so I'm gonna come to city attorney on that.

So the motion maker would need to include that and the secondary would have to allow that.

So you're basically agreeing to waive the attorney client privilege and would allow council member Simon's legal counsel to also be able to review it in person, not a soft copy would not be distributed.

That's not our procedure, it would be reviewed in person.

Okay, so I'm gonna clarify a couple of things.

The motion was to waive attorney client privilege.

So why do we need a second clarification to waive attorney client privilege?

So the attorney client privilege is just with the council members.

The council needs to authorize someone who is not on the council to also be able to review it.

No, no, no, no, that still doesn't make sense.

I'm sorry.

I mean, I mean, just because the waiver of attorney client privilege, we we all have the right to see it.

This is council work.

Yes.

So we all get to see the report.

The waiver of attorney client privilege would be so that the public can see the report.

Well, no, but uh but that your intention was just for members of the public.

His lawyer is a member of the public.

So the I'm I'm asking why do we need a separate addendum to the motion to enable this to happen?

Just to clarify.

The remotion was that the redacted version.

But that the council would be able to review the unredacted version.

Okay.

That's so the waiver of attorney client privilege is only for the redacted version.

And so the question is, would that be sufficient for your attorney?

Or are you asking for something different than that?

Well, I guess I still support council member Aguilar's comment, where until I and my attorney see this report, I don't want to waive my attorney client privilege, but I would like my attorney to at least be able to look at this.

That's my first request or comment.

My second comment is, and I appreciate councilmember Bolt, you know, verifying what I heard from the mayor about a different version or different size or however it was said.

And I understand there's two versions from councilmember Verse Walton.

I still go back to the point where I would like to see what my other colleagues saw if I'm going to be held if I have to defend myself.

I would have I would like by due process availability to the same information that others on the council are to maintain my due process rights.

I'm sorry, is there something that you believe that you will not have access to that you are concerned about?

Correct.

Councilmember Favoris Walton said she reviewed two versions.

I'd like to see the versions.

I understand your statement.

There is a final report.

And so there's a all of that's attorney work product.

The end.

I mean, there's the I've done investigations for years, so you're you're you're not on thick ice here.

Um anything else that you'd like to add to that.

Okay.

So I think we're set there.

Anything else?

No.

Okay.

So coming back to vice mayor, I think is the only person left in queue here.

Thank you, Mayor.

And thank you, Councilmember Simon, for sharing um your your thoughts and how you responded to my tone.

I appreciate that because that's what I want to model, is that we can call that out.

I apologize that I raised my voice.

I apologize that I am um letting the stress and the um experience that I've had um uh move me to speak in the way that is not calm and unconfident because that is how I want to be um present myself.

I also do not mean to or do not anybody to think that I am calling them children.

What I am saying and what I said uh is really in reference to the conversations I do have with my kids, the same conversations I have with my friends, the same conversations that I have when I'm helping people work through situations where there are um uh misunderstandings.

I've actually done a lot of coaching around that, and so I'm um I apologize because that is not um the story that I was telling myself.

Um I also appreciate that you also like to talk about children and have in fact also brought up children as example of how we behave specifically on the January 6th meeting.

Um I I just um I apologize that I raised my voice and I apologize if uh my comments made you think that I call I was calling you children.

Unfortunately, I will continue to reference children because I've always been and always will be an advocate for children and families.

Okay, so at this point in time, I'd like to uh understand from the motion maker, because we have a motion to release a redacted report to the public, and we have a motion that also includes um a disciplinary hearing on November 17th.

Am I understanding that correctly?

So yes, is what I heard, but let's just get you on on audio.

Yes, is to uh continue this to the November 17th.

And would that be are you looking for an actual hearing to happen that date or to continue the dialogue?

No, to have a hearing at that date.

Okay.

Because the public would have had the opportunity to review the public the review of the document, and the council would have reviewed the unredacted version as well.

Thank you for the clarification.

One other clarification.

There's been a request by councilmember Simon to permit an unredacted version of the report to be shared with his attorney.

I am okay with that if it's okay with the second row of the motion.

Okay.

So we have a an amended motion.

There's received a friendly amendment that clarifies that an a redacted version of the report would go to the public as soon as practical.

The uh attorneys, I'm gonna generalize the motion just so that we don't get a separate request later.

The attorneys representing the um individual subject to discipline would have access to an unredacted version of the report, and that there will be a hearing on the 17th of November.

That's the motion.

I just want to clarify that it's existing council.

So if they have existing council, existing attorneys.

Existing attorneys, not get one tomorrow and then have one.

So existing council.

I'm okay with that.

Okay.

And then so we're gonna get some clarifications here.

So I got legal and I've got city manager.

We're just trying to make sure we have a clean record.

So I'm gonna begin with legal counsel and then come to city manager.

So I just want to my clarification request is that this item is not a hearing per se.

It's this is the continuation of what are we a council gonna do?

Are we gonna discipline short of censure or are we gonna proceed to censure I would feel uncomfortable doing that since the uh uh whole council hasn't?

So uh let me just ask a clarifying question.

If we do um if we do for censure, doesn't we don't have to do that?

No, no, but if I say short of censure, then that's not on the table.

Then what is not on the table?

Censure.

Right.

So then what I would say is we are coming back on this particular item.

Okay.

To just decide.

So uh in uh reflecting quickly on vice mayor's um comments is that again, she hasn't seen the report.

Um is that she's not uh specifically looking for uh censure remedy.

Uh am I correct?

Can I just please just punch in?

Thank you.

Yes, I'm I'm looking for I'm sorry, yes.

I'm no, I am not looking for censure.

I understand.

Uh thank you, Vice Mayor.

Um, so I am amenable to a hearing short of censure.

Okay, so with that clarification, are we fine to proceed with and again it would still be called a disciplinary hearing?

Yes.

Okay, so disciplinary hearing on the 17th would be the motion.

Um I'm gonna pause there to come for city manager's request for clarification or any other information.

Thank you, Mr.

Mayor.

Um Councilman Veris Walton, just I'm want to make sure for the record that I have what is actually going on the agenda.

I understand.

Um the report, I understand that the motion is to um make available to the public the redacted report that will be on the agenda for the 17th.

That's correct.

Okay.

And I when you say that, what do you think?

It will be on the agenda, namely it'll be attached.

It'll be an attachment to the item on the 17th.

My other point of clarification, just to make sure we have it for the record, that that is regardless of whoever gets to read it within the next by the time the agenda is published, which is November 12th.

So if no one reads it before the 12th, it's still going on the agenda and it's still going out.

You mean if the three members that haven't read it?

Correct.

It's it's available.

It will be available first thing in the morning.

Yeah.

Okay.

Yes.

I just want to make sure that that is the same.

I would hope that they make the time.

No, the agenda goes out on the 12th.

The meeting is on the 17th.

So it would be prior to the 12th.

This is the ship is sailing on the agenda.

The other thing is just for the actual item.

I understand it's not a public hearing, but um just so I'm clear, the council is asking for the I'm sorry, the the Council Maveris Walton, you're asking that the item, the title of the item is changing where we're only focusing on the option of short of censure, which means that censure will net will basically cease any discussion on censure.

That's correct.

Disciplinary action short of censure.

Yeah.

Okay, at this point in time, we're going to go to councilmember Aguilar.

Uh thank you, Mayor Gonzalez.

I just wanted to add a friendly amendment that I too also have access to the unredacted version.

But also I am not waiving attorney client privilege until I'd like to come back to the 17th to do that.

Or come back on the first, because we don't have two weeks to review, which is according to our due process.

Two weeks to review, two weeks to that the that time frame hasn't gone and passed.

So you know, if we have until the 12th to review it, it's going on the agenda.

We I think going to December 1st is sufficient time for us to actually make the appointment, make the time to come in and review the unredacted version of the report.

So I'd like to include myself in the unredacted version, but also to move.

So I'd like to have an opportunity to review that before, and I'm sure Mr.

Simon and this council will like to review it, and then we can decide whether or not we release it to the public.

Okay, so I want to clarify a couple of things.

First, you will you personally will have access to an unredacted report.

All six council members, myself, we will all have access to the unredacted report.

So we don't need to make any amendments or whatever.

Secondly, if I understood uh councilmember correctly, she was accepting that not only council member Simon's current attorney, but your current attorney would have access to an unredacted version as well.

If I can at least get a head nod or a thumbs up, Councilmember Rivetis Walton.

So we have a we have a meeting of the minds here.

They can come in and read it.

Nobody gets to walk away with a unredacted copy of the report.

Council members can't walk away with an unredacted copy of the report.

Take pictures of it.

We cannot do that.

Umce uh the redactions are complete, that will go to the public.

The public can see a redacted version of the report.

We will have a redacted per version of the report that we can have.

Is that clarify?

That you'll have access to and your attorney will have access to.

Perfect.

And and I'd like to move the date to December 1st.

Okay.

That then you have to ask the I did not accept that.

Okay.

So there is there's a friendly amendment requested by councilmember Aguilar that is rejected by councilmember Vivetos Walton.

This point time we'll go to council member Simon and then back to Vice Mayor.

Yeah, the motion that's on the table, I still agree with Councilmember Aguilar.

I don't want to waive my attorney client privilege to release it to the public until me and my attorney have a chance to look at it.

And I heard don't pray or paraphrase me, but I understood that that sounded reasonable to others here that we should be able to at least see what we're releasing because we don't even know what it is.

So I think that is very reasonable to give this opportunity give us that opportunity to know what we're releasing, because we have we have no idea what it is.

Okay, I just want to clarify that there are two different things going on in that statement, just to be very clear.

There's what you get to see and what your attorney gets to see.

And I think I heard two things first.

First, you don't feel comfortable waiving privilege on something you haven't seen.

Apart and separate from that, there's a question about what your attorney gets to see.

And in the existing motion, your attorney has the right to see it.

Right, I understand that.

So you're your so I would like that.

Because I think you know they're part of me and reviewing these this information.

But the second part, again, I go back to Councilmember Aguilar, and I think I may have heard it from you too, Mayor.

I may have heard that that I think it's reasonable for us to be able to see what we're waiving before we wave it.

Yeah.

Okay.

So Vice Mayor.

Yes, a few things.

It's 11 o'clock, and um, I think that we would need to extend it.

And I would want to be able to consider two things with the extension.

One, Mayor, I know you have not been um able to give your thoughts yet, maybe.

I and this I want to make sure you have an opportunity to do that.

And I want to make sure that we can get to the um uh agenda items, um, the referrals that Councilmember Varis Walton wants to present.

And so maybe a clarifying question is are they um urgent referrals?

Are they things that we could get on an agenda that is not time sensitive to doing today?

Um, and and then once those things have been done, then I would, you know, is it has enough time passed for us to be able to call the question again once the mayor has been able to give his comments.

Thank you for your thoughts.

Um at this point in time, I said my my thoughts on this are pretty simple.

I as a matter of due process.

Uh I think the people should have a right to review the documents that they're making a decision on.

Do I believe that there is a strategic opportunism here?

Of course.

I mean, it's in their interest perhaps not to not to want to waive that privilege, but we're not even giving them a fair chance to review the document.

And and I really struggle with that because we talk about fairness and all that kind of stuff.

Do you know, having read the report, I think that the report is solid.

I mean, I think it's well thought out.

I don't find it extremist or anything like that.

But in fairness to the council members, I I really struggle with um putting them in a corner and saying you've got to waive privilege, or otherwise you're not building trust.

Um, I think that you know, we've worked through this for nine months.

If we wait another two weeks or one extra week or whatever, it it's not the end of the world.

I personally would say let's call a special session.

I have no problem moving this along and having extra meetings.

But I think that it's important for these council members to have the ability to look at something before we ask them to vote on it.

I just think that's it's that simple.

And so I personally, I've said it before, I used saw my motion a while ago.

I think that we should continue this discussion.

I think that there is zero harm because we will have everyone will have seen the report.

And I think we will be able to have a discussion about things that are in that report, even if we don't waive privilege, because it is now we've reached that realm of exploring do we want to discipline.

Um we don't have to get into all the details and all the evidence, but that's where I stand on all of this.

Um who wants to jump in?

Councilmember Bolt.

I am struggling with it because I do understand that.

But I also don't want to walk away from us this timeline.

I don't want to bring it back December.

I know you keep saying first, but I think it's December 6th is the first meeting in December.

December 1 is when is our holiday party?

It is that day.

So I don't want to bring it back.

I mean, we this the city has to continue to move.

This can't grind us to a halt to where we can't do anything.

So I feel like whether you guys read it or you don't read it, whether you like it or you don't like it, we'll still be here on the 17th with the same situation of we're dealing with how are we going to release it, and and do we want to release it.

So if we just say now, let's release it once they once they've read it.

Like they have two, I know I know it's not a full time frame like that, but I mean, there's a lot of time there to come in, and then what we release, I'm all for no redactions, but I that's not what I hear here.

So if redactions is the key, fine.

Let's do a redacted and just get it out there and get it over with.

Um that's the only way we're gonna be able to move on is to actually take this vote, try and knock both.

That's what I feel council member Vivaris Walton is trying to do here is just shrink the time frame of this.

The more it sits here, the more we discuss it, the longer we talk about it, the more agonizing it is.

It's already been however long, and the only one who's really, in my opinion, the only ones feeling the agony, and I'm not trying to discount you two, but the vice mayor, because it was her complaint and nothing went.

And I know you guys want to see it because I would too if someone said I did something, I'd want to see it.

But I'm just trying to urge us to move this along and get it done and get it off our plate, because the moment we get it off our plate, we're not gonna talk about it anymore.

Hopefully, we correct ourselves coming to Councilmember Gotis Walton.

Just quickly, um, just to answer the vice mayor's question.

Uh two of them are referrals to the March strategies, uh uh strategic planning, uh council planning session, whatever we call it in March.

It's an economic development item and a community uh vacant lot activation.

And the other one is more time sensitive, and it's regarding like Chibo Road.

Uh, but I am okay with uh continuing those to the uh December 1st meeting, which or November 17th meeting.

Oh my gosh.

Okay.

Um it's okay.

Um but um just to close off my comment, I'm not gonna take all the time.

Is um I I I understand your concern, Mayor.

Um, but I we just the person who was harmed has said, I'm not interested in censure.

I want to get through it.

I want to work through it together.

Um I think this is our opportunity to I to uh uh build trust with each other and with the public.

Um and just to clarify, uh the 10-day notice only applies to censure and not to anything, not to things that don't include censure.

Um everything is uh the regular kind of timeline.

Um I I really would like to just move forward.

The community, the vice mayor, the folks that were investigated, the people who were interviewed, I think it's time we move on.

Um, get some resolution, some uh restorative conflict conversations amongst us, um, and and just move forward.

I respectfully, mayor, ask for your yes vote.

Okay, I'm gonna ask a question here because I do think now that we have heard that censure is not on the table.

And with this concept of restorative conversations occurring.

If there would be interest in having a meeting of three of us, myself, vice mayor, and councilmember Aguilar.

A separate meeting between myself, vice mayor and council member Simon to see if we can resolve this through dialogue, discussion, mutual agreement.

So I'll just leave it at that.

Can can you clarify what you just proposed?

I'm I do not understand.

Yeah, the basic idea.

One of the options in this disciplinary process is to have some sort of uh discussion, right?

Where there is a discussion with the council member.

Another one is a formal written reprimand.

But with this concept of restorative justice, the concept of bringing together the two parties in a I'll just call it a facilitated discussion with the aim of resolving differences and building trust.

Would that be a possible next step?

I think it's going to be a necessary next step towards restorative um efforts.

I do not think that it is the only next step.

So yes, we can do that.

I I would um I would have to think about if other people would also have to be in the room, like human resources or somebody else.

Um I'm unsure about what those conversations would be like.

So yes, I can have those conversations, but I I also think that again, I have not seen the report.

I am willing to waive that privilege for the sake of transparency and for us to move forward.

I need this to um be addressed.

And there are many council considerations that we can do, and we should be able to do that on the 17th once we've actually all seen the report.

We're discussing some scheduling things up here.

So give us just a moment, please.

Councilmember Simon, please.

I have I have a question for the city attorney.

And I really really need to understand this.

How can we vote ourselves now, but we weren't able to vote on ourselves then?

Uh the policy provides that if it's a censure, then the subject of censure doesn't have a right to vote.

But that's not what's being discussed at this moment in time.

And just to clarify, Mayor, on the I want to be clear, we'd have to find a way for if you were to be involved in those conversations, it would create a Brown Act issue.

We'd have to figure out how to make it compliant with the Brown Act.

If the the you vice mayor, councilmember Aguilar, and then andor Councilmember Simon had a conversation around the same issues.

Just to clarify, any such conversation about Councilmember Aguilar would only be with Councilmember Aguilar, Councilmember Simon would not be present.

Or any such conversation with council member Simon.

I understand, but we want to avoid a Syriana meeting where now it's four council members have discussed an item of business.

Okay, at this point in time, Councilmember Regular.

Um thank you, Mayor, and thank you, um City Attorney Rich Pirota.

I you know, I think it's been long overdue with regards to the request that uh Mayor Gonzalez has made.

Um it it pains me to not be able to have a conversation with my colleague because of the process that has been implemented in place in fear of me being accused of other allegations.

So I would like to move forward with the discussion to like council member or like Vice Mayor Bowen had mentioned, we were friends and things happened, and you know, and so I'd like to come to a place where we can work together, where there's certain not this complete void on that side where I won't, you know, I won't be accused of communicating in a way that is hurtful or seemed as, you know, I'm looking at the intent and the impact that my colleague is talking about to make sure that we can all move forward together.

I think you know, with this process going on, it has it has delayed certain things or cause hurdles um and and moving forward.

So you know, I think that's something that is long overdue, and I'm open to that within the realm of the Brown Act to make sure that we have a discussion to to move forward because I'm I'm ready to move forward in this aspect um to be a cohesive council to work together and not have this stress on my end or tension to feel like you know, I'm I can't say anything or do anything.

Uh and if you know I make an you know an outreach be accused of some sort of thing.

So I would, you know, I would work with you and HR and whoever else to um have a discussion and like Vice Mayor and Bowen had mentioned, you know, this is something that she does on her on her time to coach folks in.

And I think that's something that you know we can both learn from each other and moving forward.

So that's that's something that you know I'd be amenable to addition to moving forward and making a decision whether or not you know I'd I'd like to not waive my attorney client privilege like I have reiterated earlier, um, and to move this to the December 1st meeting until we get to see the unredacted version of the report um within a two-week timeline.

So that two-week timeline has passed.

And so I'd like to move forward with that aspect.

Thank you.

So I'd like to ask a clarifying question of city attorney for actions that do not involve censure.

Do we need to waive the attorney client privilege?

So the report needs to be is an attorney client privilege report.

And that requires a vote.

I really want to focus on if we take an action that does not involve censure, right?

So let's go to the 17th, the first, the eighth next year.

I don't care.

I just we're gonna get to a disciplinary process.

If we're taking an action that does not involve censure, must we waive the attorney client privilege before that action is taken.

So the basis for the disciplinary action is just the face of the complaint.

So the answer is no, we would not have to waive attorney client privilege.

That's correct.

And we're taking the complaint on its face value.

Okay.

Thank you.

So I realize that this conversation that we're having right now with deliberating about a consultation with mayor is section A of the council consideration of discipline short of censure.

So if we're going to talk about some of the options, is the idea that we are going to be talking about all of those options right now?

Because I don't want to pull out one, um, just to pull out one.

I again have not read the report.

I don't know what findings have been substantiated and what have not.

I think it is really important that we are transparent with it and that we release it.

I um I if there is, I don't, I can't I can't keep track of where the the motion right now is or wanting to call the question a long time ago.

But um I would like that if we re if if there has been any substantiated um findings by the independent report uh that we take appropriate action to uh have a letter of reprimand from the city council about those actions so that we acknowledge that the behavior is wrong and that we will not tolerate it.

I would also want a statement of disapproval and an admundation because that is the process and it has escalated to that level of seriousness.

And that are those are all um thank you, Councilmember Aguilar, for for reaching out and and wanting to um restore the relationship and move forward.

We do have another year at least of of being on the council together to move things forward in a real way.

Um those items are all short of censure, those things really just commit to saying something has been done, if it has been done, if it has been substantiated, and then we could acknowledge it and move on, and we can continue to do the work.

So I don't know if anything has been changed or if we would then need a substitute motion, or if that is something that um if there has been substantiated findings, if we have spent taxpayer dollars to um investigate this, and honestly, I apologize to the community that it took this much time and it cost this much money.

I was simply trying to to protect myself and to improve how this council functions.

And I don't know why and how it escalated to this point, because I know that other um complaints have also been um investigated in the past, and I'm unsure that they um have uh escalated to the level that this one has.

Okay, so at this point in time, um we have a motion to release a redacted report to the public.

I eat we have a motion to waive attorney client privilege to release a redacted report to the public there would be an unredacted release of the report to current counsel for councilmember Simon and Councilmember Aguilar.

There would also be a request for discipline hearing on November 17th.

That's the motion that's on the floor.

That was made by Viveros Walton and seconded by councilmember Bolt.

Please elaborate.

Thank you.

That current council their current counsel would also be able to view the report with them in person here at City Hall.

An unredacted version of the report in person.

Um I will make the ask one last time.

Are you willing to not have the attorney client privilege waived at this time because in order to have this type of hearing short of censure?

There is not a requirement that they have access to the report because it's not going to be a censure hearing.

The standard is different.

That's not to say that we would never waive the privilege, but not waiving the privilege at this time.

My concern with that is that the public wouldn't be able to see it in time for the 17th.

So and we can't we won't be able to vote to uh release attorney client privilege until the 17th, which means that the public will not be able to see the document before the meeting on the 17th.

So that's my reservation is that the public won't be able to see that.

And um, so respectfully, mayor, I I don't accept the friendly amendment, and I ask that you reconsider your position and vote to release uh attorney client privilege.

I appreciate your reflection.

Yep.

Okay, so at this point in time, um, I just I'll be very clear.

I I cannot ask someone to waive what they haven't seen.

I have insight, I have personal knowledge of what's there, but out of respect for my council members and fairness, I just I can't.

And I think that two weeks, the 10 days that we will grant them.

I I just can't.

It's a matter of principle.

This has been way taken time.

Waiting an extra week, an extra two weeks is not going to kill anybody.

Many of the people that came here today didn't even think there was a report.

They were here clamoring to get a report.

And now we're stressed about whether that report is gonna have attorney client privilege waived today.

They didn't even know there was a report.

So I'm really, really struggling as a matter of fairness.

Um so I will be voting no on the motion as it is.

I just I have to.

That's a matter of principle.

Okay, councilmember Aguilar.

Uh thank you, Mary Gaussians.

I too will be voting no as a matter of principle with regards to due process and um waiving attorney client privilege, being that you know, if you want to be fair and you talk about impact and intent, think about the impact and intent of giving me the right, my colleagues a right to review the report before we release attorney client privilege.

So I will be voting no on this motion.

Thank you.

And amendments to ask for the release of an executive summary of the findings for the public as part of what we release now.

We should the I am I keep hearing people talking in the audience, and honestly, that's very disrespectful right now.

I'm I'm really trying to get my thoughts together.

So I would appreciate if you could lower your voices.

But I I can't help but wonder about the timing of it being released just days before having to push this through in this process.

I would like to amend um your motion if if you would um allow to include um the release of the um like an executive summary of the findings as part of the information that we are um giving to the public.

Um what I want out of this process, if I may add, is that um when we talk about accountability and there are actions and there are consequences, and we are looking at the council consideration of discipline for that of actions of uh and so that's what I hope to be able to do at that next meeting.

But what I want to us to do at that this at that November 17th meeting is to actually follow through with that and if there are findings that are substantiated to take action on that.

I think you're gonna ask you.

I think you're gonna ask the same question that I do.

Um is the executive summary part of attorney client privilege?

Uh does it need city attorney?

Well, the executive summary is just the findings.

So it actually we still have to vote to uh release attorney client privilege on the executive summary in order to release it.

I believe that we would need to still need to do that.

Let me confirm that is correct.

She's labeled it, and it is it is an executive summary that is attorney client privileged, but it is executive summary, which is uh she has prepared um is just the findings.

Let me look at um I'm trying to think of a compromise here.

Um I would like to bring back then, I would like to amend this to come back on the 17th to waive attorney client privilege on that goes to the public.

I'm sorry to interrupt your thought because I want to be clear.

Go ahead.

So the only thing that would go to the 17th would be to waive attorney client privilege to release the redacted report and schedule and continue this.

Um have the council consideration of disciplines short of censure scheduled for December 8th.

8th, correct.

December 8th.

Is that amenable to the seconder of the motion as a compromise?

So to be clear, on the 17th, we would all vote after you all have read the report.

You you have 12 days to read the report.

Um on the 17th, I would like to have ensure that it is agendized that we release attorney client privilege to have a redacted version and bring back the disciplinary hearing on the December 8th meeting.

Yes.

Okay.

That's that's clear.

And to be, I just want to make positive you've got the full report.

I know there was just discussion about executive summary.

You're talking about just the full report.

Okay.

Any discussion on this.

Councilmember Aguilar.

Thank you, Mayor.

Just to be clear, I I think my ask was to come back on the 17th to waive attorney client privilege, and then meet on the first.

Or actually, no, come back on the first.

To waive attorney client privilege, and if need be the meeting on the eighth, because we would have time to agendize that uh special meeting.

That was that was what you had suggested.

Uh the first council member and Mrs.

Walton is offering a different schedule, a modification from her initial position, but not quite reaching what you've requested.

So it's a compromise.

I would like to substitute that with the amendment.

Um with the uh the first instead of the 17th.

So she has a substitute motion.

So the substitute motion takes priority.

What she has offered to do is take that substitute motion and amend it.

So her motion still has priority as the substitute motion.

It's still being discussed.

So she's got um I'll call it a compromise.

I think she used that word to uh change the dates accordingly.

Give two weeks to review or 13 days to review so that you can have a position on are you willing to waive privilege, or is there something in there that you believe uh it would be bad for the council, it would be bad for the city in some way to waive that privilege.

Um and then some more time for additional preparation for discussion of a non-censure hearing, or it could include a non-censure hearing on the 8th of December.

So that's more than a month from today.

So my concern is it's not giving us enough time to review.

So I I would like the first and the eighth.

I would be totally fine with that.

I think the 17th is not enough time to review um and make an appointment to come in, you know, with our current schedules or with my current schedule.

Okay.

Thank you.

So we have uh a motion and a second, an updated motion just to clarify for the record that the decision to waive privilege has been pushed to November 17th.

At that point in time, this council will discuss and may do whatever it wants to do on that day.

A hearing date has been set for December 8th for uh exploring disciplinary action.

Uh at this time there is no waiver of attorney client privilege.

Therefore, at this point in time in this motion, there is no ability for attorneys, external attorneys to come and look at the document.

Okay.

So with that, I will I have one or two more hands here.

So we're gonna go to council member Simon.

I I would like to share share councilmember Aguilar's concern about needing adequate time uh with schedules and other commitments um to expend enough time to properly review this, in addition to having an attorney who are very busy as it is to get their time together too.

So I I support Councilmember Aguilar's request to give us time.

Um trying to be fair.

That's what I'm hearing tonight.

So I think that's a reasonable request.

And adding the attorney to the motion with the dates Councilmember Aguilar has requested.

I guess my question, whoa, that was really loud.

I um my I I believe that what I just offered as an amendment to my substitute is is a compromise and it gives you 12 days to read the report.

Um but my question, Mayor, maybe you can direct it to wherever you think is best.

But um uh are we able to partially release uh attorney claim privilege so that their council can see it before the 17th or by the 17th?

If that is your amended motion, oh okay, then I you could do that if you so chose.

Yes, so then update the motion to include that their attorneys are able to see it by the 17th with them.

But I I I do believe it's a fair compromise.

I'm sorry, uh the hearing on the eighth, and give you 12 days to view the report.

I I think that's a reasonable compromise.

Um and I I hope that you consider it thoughtfully and vote yes.

So I've got a second by thumbs up from council member bolt.

Okay.

Let's keep discussing this.

No, I I mean uh we keep talking about council, and um I do not have legal counsel, and so I want to preemptively ask if I need to get counsel or choose to get counsel that my council could also see this HR report.

Um I am wondering how um much legal exposure in general there is to myself, to other council members to the city, and I would like to explore that if this is um seemingly to be um uh something that uh I I just get the feeling that maybe I should also at least put that out there right now, um, so that all of our lawyers could see it.

So I'm I am going to confirm with council member we'll attend the maker of the um updated substitute motion that um her inclusion of uh attorneys access to the unredacted version of the report, council access um be provided to councilmember Simon, Councilmember Ailar, and Councilmember and Vice Mayor Bowen.

Okay, councilmember Bolt looking at you.

So I've got uh an updated updated substitute motion as stated.

Is there any doubt about what the motion is?

City manager.

Oh wait, wait, that's getting a little late.

We're getting a little giddy.

Um okay.

So at this point in time, council member Simon.

And I think you will be our last speaker.

I am going to ask for a vote.

Just in in the spirit of fairness that I'm hearing tonight, and I've brought this comment up before, but I will re reiterate it and ask the question.

As far as seeing the same, I would like to see the same information that all of my colleagues have seen.

And I understand that there were two versions out there.

I mean, don't quote me exactly.

I don't know if I got exactly right, but there was more out there than what we will be able to see.

I think it's totally fair that we see what everyone has saw if we are supposed to vote on the same thing.

So my question to city attorney is what happened to those other versions?

Where do they go?

So at this point in time, we are not going to answer that question, because that's not related to the motion on the floor.

And I'm gonna call the question.

I'm not gonna call a question, I'm gonna say it.

Let's vote.

No, I'm not gonna address that.

That's off the the motion that's being discussed.

So let's vote.

The motion passes four yeses, two no's council member Simon and Councilmember Aguilar voting no and one council member absent, council member Azevedo.

Okay, at this point in time it's 11:39 and we are adjourned.