San Leandro City Council Regular Meeting (First January Meeting)

The San Leandro City Council convened at 7:00 p.m. (first regular meeting in January) with all listed members present (Councilmembers Aguilar, Azevedo, Boldt, Simon, Viveros-Walton; Vice Mayor Bowen; Mayor Gonzalez). The meeting included unanimous approval of the consent calendar, a City Manager announcement on volunteer recruitment for the January 22, 2026, 5:00–9:30 a.m. homeless point-in-time count, appointment of a Vice Mayor for 2026, and a major action item on whether to waive attorney-client privilege to release an independent investigation report related to Vice Mayor Bowen’s January 2025 complaint against Councilmembers Simon and Aguilar. No reportable closed-session action was taken (though direction was provided to staff).

Consent Calendar

• Approved unanimously on motion by Councilmember Aguilar and second by Councilmember Azevedo; no public comment.

Public Comments & Testimony (Non-agenda)

• Melissa Wong (Zoom) urged creation of a budget task force, citing a major deficit and calling for increased public engagement, transparency, and oversight.
• Irina Kim-Eubanks (Zoom) asked about commenting on item 10B and was told to wait until that item.
• Leo West (Zoom) stated support for reinstatement of San Leandro Police Officer Jason Fletcher with full pay and reparations and suggested legal action against the family of “the criminal” (speaker’s characterization).

City Manager Report / Announcements

• Homeless Point-in-Time Count volunteer recruitment: Thursday, January 22, 2026, 5:00–9:30 a.m.; described as a federally mandated census affecting funding for services; training provided; sign-up at sanleandro.org/PIT.
• Library exhibit: “I am American or am I not” exhibit at the main library running through February 28, 2026, with related events listed on the library website.

Discussion Items

10A — Appointment of Vice Mayor for 2026

• Nomination: Councilmember Boldt nominated Councilmember Viveros-Walton; Vice Mayor Bowen seconded.
• Vote/Outcome: Council appointed Councilmember Viveros-Walton as Vice Mayor for calendar year 2026.
  • Vote result: Passed with one abstention (Councilmember Simon abstained).
  • Councilmember Simon’s stated position: said he would abstain because his “vote through the democratic process on vice mayor is not protected,” describing himself as having been “oppressed” after being a minority vote in January 2025; he referenced interest in “restorative justice mediation.”

10B — Waiver of Attorney-Client Privilege for Independent Investigation Report (Vice Mayor Bowen complaint)

Staff/Legal framing (City Attorney Rich Pio Roda):

• Council, as the holder of the attorney-client privilege, may waive it by majority vote (referencing California Evidence Code § 954).
• Requested the Council be explicit about the scope of any waiver: whether it applies to the whole report and exhibits, and whether released with or without redactions.
• Clarified any waiver would apply only to the specific investigation report prepared by Jane Cow (HR Law Consultants) and potentially its exhibits, not to other privileged communications.
• If waived, the report would be posted to the City Clerk’s public records webpage under “items of interest.”

Public comment (in-person and Zoom) largely urged release for transparency before a forthcoming discipline hearing:

• Sarah Bailey (in-person): urged release (at least a redacted version) for transparency and public trust; stated the report relates to Vice Mayor Bowen’s complaint alleging “harassment, bullying, gender bias,” and said a “disciplinary hearing is coming soon.”
• Rachel Radin (Zoom): urged immediate release of the HR report; emphasized accountability and transparency; addressed Mayor Gonzalez directly as a leadership moment.
• Deborah Acosta (Zoom, League of San Leandro Voters): argued that under Administrative Code 1.13.115, discipline must occur in a publicly noticed meeting with meaningful public comment based on factual allegations, which is not possible without the findings in the public record; urged waiving privilege for transparency.
• Rev. Irina Kim-Eubanks (Zoom): urged release; emphasized truth-telling as foundational to restorative processes; framed transparency as necessary for accountability.
• Jessie Rubin (Zoom, League of San Leandro Voters): echoed process concerns under Administrative Code 1.13.115; urged release with appropriate redactions.
• Melissa Wong (Zoom): supported release but urged the public to read objectively and “without judgment,” noting delays can cause people to “fill in the gaps.”
• Yelena (Zoom): relayed that others in the Bay Area asked “what is happening with the city council and where does the mayor stand,” and urged release for transparency.

Council discussion highlights (positions and statistics):

• Councilmember Simon: stated that, generally, investigation reports should not be released as a confidentiality practice, but in this situation he supported release of the full report and exhibits without redactions, arguing confidentiality was violated and disputing the validity/accuracy of findings (including references to witness credibility and disputes about closed-session statements).
  • Cost/statistics stated by Simon: said the investigator alone cost $135,000 (excluding staff time/other costs). He also stated that since 2022 the number of citywide investigations increased “up to 450%,” from 2 investigations/year (2019–2021) to 8 in 2022 and 9 in 2024 (as he described).
  • Requested public release of a summary of investigation counts/costs from 2019 to present.
  • Requested agendizing discussion of restorative justice mediation for Council.
• Councilmember Aguilar: seconded Simon’s motion.
• Vice Mayor Bowen: asked for clarification on accusations made by Simon and requested he provide facts supporting any claims. She sought clarification that the Council (minus involved members) authorized the independent investigation and that discipline is handled by Council (not staff). She requested context for the investigation-cost summary, noting the data’s presentation could be misread.
• City staff clarification (HR Director Emily Hung / City Manager):
  • Explained that the “number of investigations” table reflected complaints tied to individuals; for Council, “2” reflected two individuals (not necessarily two separate investigators/combined matters).
  • Explained investigation cost drivers include interviews, follow-ups, review of documents/videos/emails, analysis, and report writing.
• Mayor Gonzalez:
  • Said he had expected to follow “very clear legal advice,” but acknowledged the discussion indicated the Council was likely to waive privilege.
  • Warned the report could be interpreted differently by readers and urged reading with an open mind.
  • Challenged Simon’s claim that Vice Mayor Bowen breached confidentiality, asking whether any evidence had been provided; stated neither the Mayor, City Attorney, nor City Manager had received evidence. He characterized unsupported allegations as potentially slanderous.

Procedural motions and votes:

• The Council first voted on a motion to “call the question” (end debate) on the combined set of actions.
  • Vote: Passed 5–2 (Mayor Gonzalez and Vice Mayor Viveros-Walton voted no).
• Final action on the combined motion package:
  • Approved unanimously to:
    1. Waive privilege and release the investigation report in full, unredacted form, including exhibits (report referenced as dated October 31, 2025).
    2. Publish/attach the summary of workplace investigations/costs alongside the report on the City Clerk’s site for accessibility.
    3. Agendize a future discussion to consider restorative justice mediation for the Council.

Council Reports / Announcements (Item 12)

• Councilmember Simon: stated he felt “silenced” and disturbed by meeting procedure; referenced a prior meeting (November 3, 2025) where he said Vice Mayor Bowen violated confidentiality and that staff said it was up to Council. He reiterated he did not want to pursue discipline against Bowen.
• Vice Mayor Bowen: announced Parks & Recreation summer activities/camps registration opening January 17 at 9:00 a.m. (including “Tiny Trees” and “Camp” offerings); encouraged community engagement.
  • Promoted the library exhibit discussed earlier.
  • Announced a Community Police Oversight/Review Board discussion on FLOCK cameras scheduled for February 18 and encouraged public comment/attendance.
  • Responded that the alleged confidentiality issue may relate to her publicly stated filing of an internal discipline request, which she said had to be stated publicly because officials are public.
• Councilmember Simon: announced monthly “community chats”; next on Saturday, January 10 at 8:30 a.m. at Manor Grill with Police Chief Everett as a guest.
• Mayor Gonzalez: announced community events:
  • Memorial for Stephen Cassidy: Saturday, January 10 at 1:00 p.m. at the San Leandro High School Performing Arts Center.
  • Martin Luther King celebration at the Marina Community Center: doors at 10:00 a.m., program at 10:30 a.m. (date not stated in transcript).
  • Future ribbon cutting for the Stephen Taylor Sanctity of Life Pavilion at Marina Park (date not stated).
  • Reiterated a standard against slander in chambers: accusations against councilmembers should be supported with evidence and directed appropriately.

Key Outcomes

• Consent Calendar: Approved unanimously.
• Vice Mayor appointment: Councilmember Viveros-Walton appointed Vice Mayor for 2026; motion passed with 1 abstention (Simon).
• Investigation report transparency actions (10B):
  • Unanimous vote to waive attorney-client privilege and release the investigation report and exhibits unredacted (report referenced as Oct. 31, 2025).
  • Directed that a summary of workplace investigations/costs be posted alongside the report for public access.
  • Agendized a future discussion to consider restorative justice mediation for the Council.
• Upcoming referenced dates:
  • Disciplinary hearing: January 20 (year implied 2026 based on context).
  • Homeless point-in-time count: January 22, 2026, 5:00–9:30 a.m.
  • Camp registration: January 17, 9:00 a.m.
  • Community Police Oversight/Review Board FLOCK camera discussion: February 18.
  • Library exhibit: through February 28, 2026.